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sa 



St€^te Trials. 



VOL. X. 






^ 



COBBETT'S 

I •• • . •./ 

Q MP LCt:£ :d:6.i.L:E: CrT,! o n 

• •• ••• •••••»_»•«••••• • 

: ::•.::•- ;:..d.j?-..: : V 

••••• • •••••••• • 

State Trials 



AND 

PROCEEDINGS FOR HIGR TREASON AND OTHER 
^ CRIMES Aiq) MISDEMEANORS 

FROM THE 

EARLIEST PERIOD TO THE PRESENT TIME. 



VOL. X. 
A.D. 1680—1685. 



LONDON; 



l>mKT£3> BY T. C. HANSARD, PETERBOROUGH-COURT, FLEET-STREBT : 

, LONGMAN, HUKST, BEES, ORME, & CO. ; J. RICHARDSON ; BLACK, 
FABRY, & KINGSBURY; J. tfATCHARD; E. LLOYD; 4, BUDD;# 
J. FAULDER; J. BOOKER; CRADOCI^ & JOier 
E. JEFFERY; AND T. C. HANSURD. 



1811. 



• • • • 



it\H'.<r>H 



# 



«t* 



TABLE OF CONTENTS 

TO 

VOLUMi: X. 



%^ The new Anieks are marked {N.] 

305. Proceedings tgdiut james hollowat, in the Kng'f 

Bench, on an Oodawry for High iVeasoii, April 21, a. d. 1684 ••• ' 1 

306. Ibe Trial of WILLIAM SAC9IEVERELL and Nineteen others, at 

the King's-Bencb, for a Riot committed at Nottingham^ ^ n. 1684 90 

The CASE of the CORPORATION of NOTlTNGHAM, U it 
was stated by the late William Sacbbysrbll, . of Bar* 
ton^esq • •••.••iUt.«*.... 96 

307. Proceedings against Sir THOMAS ARMSTRONG, in the King*!- 

Bench, upon an Outlawry, for High Treason, a. d. ifis^ 4.. 106 

Remarks upon the AWARD of Execution against Sir THOMAS 
ARMSTRONG; by Sir John Hawlbs, Solicitor-General in 
the Reign of William the Third 1S3 

308. Prpceedings on ti Writ of Inquiry of Damages betwaen his Royal 

Highness JAMES Duke of YORK, in an Action upon the Statute 
de Scaadalis Magnatum, and TITUS GATES, in the King's- 
Bench, a. d. 1684 186 

30O. The Trial of THOMAS ROSEWELL, a Dissenting Teacher, at the 

KingVBench, for High Treason, a. d. 1684 147 

na The Trial of JOSEPH HAYES, at the King's-Bench, for High 
Treason, in corresponding with Sir Thomas Armstrong, an Outlaw 
. br High Treason, a. d, 1684 ..^.tt.*.* .r... 907 



State Trials. 



VOL. X. 




OBBETT'S 

fCOMPLETE COLLECTION 

or 

State Trials. 



301 Proceedings* against James HoLiowAV,t in the Kings- 
Bench, on an Outlawry for High Treason: 36 Ciiables II, 
April 21, A.D. 16S4, 



HtH ntauidt 



» ibc Kctfpcr oi" bis i\Ja|C5ty'« gnol of 
_!!, to bring thillier die body of Jumei 
nfim^r, ihrnn in bit custotlyi %i ghetf cauie 



•Tlwfisii * "f thisctSRe in 3 Wod, 

* 41 ; wIncI Mt joks irft'TTfcl to, in 

I f **8oili^ time in the sprincj- dglity four, 

iBMbir&^ W29 tflk^M iti the \\>*Jt Inilies, nml 

rpr. TTe xru^ under an Onihiuiy tor 

T^ ! oeyf^ncrftl offeiTd hYm a 

*1 iJul he u'lis prrvrtiJed on, 

StV bo|»f fit n |niriliii», to suhmJl hw\ rfuifcss 
bfloT'*^'. If r- ^nid, hr was drawn into s<^nic 
•»' led how to raise 
tec Mho more had 
■iuutt u ik-sjgi* fr»r feu^izint^ on 
!p of some ihat \fore to 
MO i\if tt\ n*.n^i I r' 1 1 !d<'d, 
tetiiev hud nctrr fii it. 

Ik mJ^ n! *'"•''■ ,.i t^vir , 

tad Wot ;in^ of lo, 

kasa^ WTf4 u.^. ...... i,.ij that he L.. 

OMmd into nnr di^ounic with them U|K>n that 
m/kjert: And fjr (!id not bt^]teve, there were 
•INe I ;t approved of it. These 

West :» UttmMd, and his bro* 

Ukr: The iBlh pmon is not named ra the 
taibiltd relatian, Home said, it was Fei-jjuiion : 
ihlwn Mi4, it wrtsf G*HKlefnmigb. Jiollow-ay 
Ihniftfht hj' the iviurf n*»i to be since re in 
. hat tic had ac- 
*j«thy, he wai 
i, miu Miro >v>iii ;t nnti niuvtoiiey. H^ 
«ei emi pfVKnoe uf inind. He^Mcrved 
pmafity tJnt wu evitkst in miTtngitig 
rot. x- 



i 



w hy execuii(m should not h** riuardf^*! npnn im 
Outlawry for High TrwiBon ; I i The 

Keeper of New|faie» aceori:i , r com- 

mand of the writ, bronght hint ihi» iluy to thft 
bar of the said court, where he warn proceeded 
against io thi» mauuer. 

tiii^ pUit, dilfcrent from what had appealed in 
manag^nu the Popish plot. The same men 
wlio %vere calJed ro|fuc!i, when they swons 
ac^inst papi!it»f were Uwkei! on as honest men 
uhen they turned their evidence n^foinst Pro- 
testants. In all his answers lo the sheriffs, 
who at the place of execution troubled hitn 
with many impertinent question;;, he answered 
them witn so much life, and yet with sn much 
temper, that it appeared he was no ordinary 
man. J J in speech was suppressed for some 
days: But jt broke out at last. Ih it hewc- 
pre^ed a deep sense of religion • Ihs prayer 
was an excellent * The ct^edii «if 

the Rye Plot receh Idow by his con- 

fession. All that disrimi-sv ;.' ^ c- 

tioo, in w^hich the doy was r »* 

peared now to be a fiction ; sum*: .»ii>nn >iud 
been so httle taken eare of, that three pernio nA 
hud only undertaken to dispose people lo that de- 
.*»ign, but had not yet lei it out lo any of them. 
So tliat it na<i plain, that after all the storj they 
had made of the plot^ it had gone no further^ 
than that a company of ^itious and inconai- 
derable |»etisons were framing" among' tbein* 
selves some treasonable schemes, tliat were 
never likely to come to any thing ; fttul that 
Rumsey and We«t bad pushed on tlie exe- 
crable desiigTi of the assassination, in whieh^ 
iliough there were few that agrec^d to it, yet 
ipo many had heard i% from them, who were 
both BO fooHah, and so wicked » a^ tiot to dis* 
corer th«m.** Buntet; p. 570. 
B 



I 



I 

I 



STATE TRIALS, 36 Ch aklbs II. \6U.^Pi'oceedings against J. BollMay. [4 

Ait, Gen. It' yuur Innlsliip please, the iii- 
dictiiient iimy be read to bini, that he may un- 
dcrst:)n(I wbut it is, and may not go bhnd to 
oxpLMition. 

L. C, J. Ay, M\\ Attorney, if you pic 
let it be so. 

CLof'Cr, Reads. " The jurors being I 
to enquire for our sovcmyn lord the king, and 
the ho<ly of the county of the city of LondoD, 
upon their oaths prcst'iil. That"— ^[And f 



3J 

Tlie rrturn of the writ of Habeas Corpus was 
first read. 

67. of'Cr, James llolloway, hold up thy 
hand. [VMiirh he did.] Thou hast been in- 
dicted in I^mdon, by the name of James Hol- 
loway,late nf JjODdon,merchant,fov High Trea- 
son by thee oommitted, touching the kinff's 
. majes^'s person, and the gori;mment of this 
his kingdom of Kii<j:laud, and for not appearing 
and aubwerin^rthbt indic*tment, by due process 
of law, upon the- indictment thou'standest out- 
lawed, and upon that outlawry thou standest 
atuinted of the same high-treason ; What hast 
thou to say for thyself why execution jihould 
not be awarded against thee upon tliat attainder 
by this court according to law ? 

Huilowaj/. My lora, 1 have been a great 
while alxsent, and know not what hathoeen 
done in this matter, or proved against me. 

Lord C/iief Justice. (Sir George Jefferies.) 
Yes, you have l>een absent so longlt seems, tliat 
} ou now stand outlawed, and thereby attainted 
of iiigh treason ; there is nothing now remains 
with tbe court, but only to make a rule lor 
your execution 

Huiiuuuy. If an ingenuous confession of the 
trutli will 'merit the king's pardon, then sure 1 
have done it. 

L. C. J. For that matter we arc not to dis- 
pose of the kind's mercy, he will dispcwe of hi« 
own mercy as he shall think fit. Is Mr. At- 
torney iutliehall? 

Crier. Yes, my lonl, ho is. 

X#. C. J. Then pia^ M^iid for him. 

Which was done, and in a littlo time after he 
came into courc. 

L. C. J. Mr. Attoruc}', here is the pri«oner 
at the bar, Holloway. 

Att, (Jen, (Sir liobert Sawvi-r.) Yes, my 
k)rd, I see he is. Sir tSamuei Astry, have you 
iLe record there? 

CL of'Cr, .Yes, Sir. 

X. C, J, It has been road to liim, Mr. At- 
torney. 

An. Gen. My lord, I would know %%liat ho 
«aith that execution should not be awanlr^it. 

/.. C J. He talks of disc^overirs ntu\ coo- 
tiessions, which wo, you know, cannot take any 
iiptice of; ask him ai^ain. 

CL ql'Cr. Hast tiiou any tbioff to say for 
thyself why execution sboulil not be awuided 
against thee, according to law ? 

HoUi<7tay. My lonl, I know not what hath 
fN.'en pro\cti agrunst nte, but I hate madusiich 
an in^«'nuous confession to liis iuaje<tty uf what 
I know 

i-K C. J. Pio%«m1 flL'ainst you ? \ on arc out- 
lawpil upon an ind^riuicnt fo.- high trea.sun; 
nhat C'ui you say aL-^uiusl the court'', awarding 
exeeutiiiu :' 

Att. (Vi/i. My luiu. liu.s hr hoard the iijdict- 
nient ujmmi •tijich the outlawry ^\'*^'' ui'ouniii'd ? 

LV. oi'Ci. .\o, Su-, <»ni\ the subt»tuucc- w.is 
told him, That hi* uasind.fted o( iii^h treu-c:!, j 
and iMitJawiMltuiu. iind atJ»ds aiiuinted iiy ihai j 
out la wry. J 



At^ 



the whole Indictment was read.] 

CI. of'Cr. That is the Indictment, Mr. 
tornev^ and upon this he is outlawed. 

Aft. Gen. And so sUnds attainted. WhU 
hath he to say to it ? 

L. C. J. Ay, why should we not awartl exe- 
cution acainst him according to law ? 

CI. of Cr. Have you any thing to say ? 

HoUoicay. 1 have said what I have to say. „ 

Att. Gen. Pray what is that, my lord, tlilt 
he has 8ai<l, for 1 was not here ? 

Holloway, I beg his majesty's mercy. 

Att. Gen. If the kiug be so gracious at t* 
admit you to your trial, can vou makem de- 
fence against 'the indictment r Have you any 
thing to say that you can defend yonraelf Iqr* 
if the king do admit you to be trieu, and thai tf 
a mercy and a grace, lor at law you are gOBA.' 

i^. C. J. It is so, indeed, Mr. Attorney; if 
you will on the king's belkalf indulge him ■! 
tar, as 1 suppose you have authority from iSbm 
king to consent unto, that if he has a mind to 
try the fact, and can defend himself, he shall 
have that liberty, that is a great mercy ^ I as- 
sure you. 

Ait. Gen. My hud, That is tbe only reasoa 
why I did cause the indictment to be read thai 
he might hear it; that supposing he were nol 
outlawed, but that were out of the case, if hm 
hatli any thing to say that could defeiijd hina 
from it, tho king would not exclude hiiu, but 
ailuiit him to his trial, aud extend his mercy so 
far to him. 

L. r. J. Mr. Aunrney, it is exceeding^ weUt 
Now you understand wliut is said by tho kii^B 
Atloriiey, \ou ha vt> heard the indictment read. 
It is an initictment of high treason, that yoa 
with oilior false traitors, lloiic, Uumball, th^ 
tionilciionuhs, and the rest, did conspire tbe 
drath of lUr kiiig. Now (hough you are in 
law acuially attainted, as much as it you had 
bkfn tried and couvicted, and received 'judg- 
ment of desith upon that conviction, to all in- 
tents and purposi*s, aud there is no more fur the 
court to do, but to aviard execution upon thia 
attainder, and he dealt wkli as a false traitor, 
\ ct howrvcr in Ub uiurh as you have heard tho 
iuflicinient read, if you ihiiik vou have any 
thing to say that would satisfy tlic world, or m 
jtu'v. tliut \<ni are not guiity of what you are 
ind'ictetl and acv used \ti'^ it seems the kin^ ia 
|d(,'r.si-d to signit'y his gi-acious iuleotion to- 
iviiuls you by Mr. Attorney Cjenei;ii,thathe is 
i:»niciiir.| to wave that other part, the 'iltirindcr 
hy <»utl;ivvry, and you shall have the liberty to 
'■y it, if you think \*ou can dciend yourarif. 
'iiv/Maav, My lord, I caanot undertake 4o 



51 



STATE TRIALS, 3$ Charlss II. l6S4.-for H%k Tnaun. 



[fi 



myicil', for I have confinaed before his 
Uiat I am iruilty of many things in 
todicUnciit, and I throw myself on the 
kia^ mercv. 

L C. J. ^Then h« confe^scth it, and will not 
aadprtake to fJef>.'n(l liimself ; as for the king's 
111. J , that we must leare to his majesty, who 
■ ike di«peusvr of his own grace, we are to 
OBBoie his justice, and must give a rule av- 

Jost. \VUhinK. But I hope every body here 
tthfs aotice of Lis open confession, when he 
■^t try it if he would. Surely none but will 
Mere this conspiracy now, atler what this 
■u hath owned. 

I. C /. We were well enough satisfied about 
tt before, and so was every honest man, I dare 

JsisL Witkins. Yet, perhaps, though he saith 
il, and oUicTS have confessed it. and the evi- 
diaoe bath been made public, there are many 
penle that say they will not believe It. 

Lc/. We do not mightily concern our- 

Mtm what the people say. I am sure not one 

rf si that wens concerned in this conspiracy, 

kic dared to deny it absolutely, thougti some 

km been prevailed upon by ill advice, to pre- 

fUile about it, and shutic it off. But none 

tf diem hare bad the confidence absolutely to 

iaf the troth of the fiict, notwithstanding all 

Bs and reproaches cast upon the 

and all the arts that hare been 

of to stifle it. 

Iitt. ITitAf ju. My lord, I speak it the rather 

hecHse we lee what work sir Samuel Bamar- 

liitoa bas siade of it in his Ix'tlers, where he 

alb it a Shun- Plot, and snvs it is lost, except 

il Ae fSmnd among the Abliorrcrs and Ad- 



L C. J. But now the Plot is found among 
tbecsQ&pinitorsand traitors, he may write tu 
kBcwnr^ponilents in the country the next time, 
i H tbuod among the reftirmrrs of govern - 
■ear, and religion, that can swallow all tilings, 
, Ibttcao kill kitigb and levy war, and do tnc 
■mtof villainies to promote religion and re- 
faraation, as they call it. — Iiet lis think of 
■■e convenif nt day, and give such order that 
fhe ibenfTs sec execution done according to 



Alt. Gen. You must first pronounce the 
pigment, my lord. 

ML H'itAiHM. It is ncvrr pronounced in 
Mih a case, ^Ir. Attorney. 

L. C- J. No, we only give a rule fur evecu- * 
in, the outlawry is the judgment, and that is [ 
■pa the record already f. 

* 8ee his Case, \ol. 9, p. 1334, of this Col- 

fSae, in tins Collection, the Cases of 8ir 
Armstrong in this same year, 168^^ 
A. D. 1746, and of Dr. Cameron, a. d. 
tlM; authorities referrc<l to in those 
Tbe Mtat. 7 W. 3. c. 3. «. 3. saves the 
•C tiic rei^tioiis thereby enacted on 
vtKssop, to sueh as, having been out- 



Ci ofCr, Yes, my lord, we always enteritso. 

L. C. J. Captain Ridiardson, I'think, Wed- 
nesdays and rridays are yonr usual executioB 
days m London, are they not? 

Capt Richardson. Yes, my lord, cither of 
them. 

L, C. J. Then Wednesday seven -night. 

Capt Richardson. Does your lordsltlp ap- . 
point Wednesday next? 

L. C. J. No, that will be too quick ; Wed- 
nesday seven- night. 

Capt. Richardson. What day your lonlship 
pleaseth, I suppose I shall have a rule. 

CL tffCr. You shall have a rule, and an 
Habeas Coruus to deliver him, tis the course is. 

L. C. J. lu the mean time take your prisoner 
back again. 

And accordingly he was carried hack to 
Newgate. 

Afler which he sent the foUowhig Petition to 
tlie King for mercy : 

* 3Iost great and gracious Sovereign, 
*■ I your majesty's now close prisoner in 

* Newgate, and condemned fur my crimes, 
' which I have confessed myself guilty of, in a 

* paper of my own writing, delivereil to tha 

* right honourable the lonU of your niajes- 

* U''8 privy council, in which is a true and 

* faithful account of all ihat I know con- 

* ceming the late Plot, with the manner how I 

* was drawn into it, and the reasons why 1 did 

* not come in at the first discovery, and cast 
' myself at your majesty's feet for mercy, 
*• which I hope your majesty hatli perused, and 
' find no cause to think I nave reserretl any 
' thing uudist.'ovcred ; for when 1 was first 

* taken, I resolved to declare the whole truth, 

* and nothing; but the truth, which I have here 

* (lone, and will own to be true, before any that 

* shall offer to contradict it, or say there was no 

* I^Iot ; and if any thing more occurs to my 

* memory, will not fail to declare it. I have 
' ' now nothing to say for myself why I sliould 

* not he executed, according to condemnation, 
' but do must humbly prostrate myself at your 
*■ majesty s feet for mercy, acknowledging my 
*• hearty sorrow fur all tlyit 1 have btten guilty 

* of, and remain in 1io{h*s, that that fountain of 

* mercy which haih so abuudantly flowed from 
*■ your nl^jc-sty*s sacred breast, e«er since your 

' *• happy restoration, is not vet dry, but tli:it 

' there are souiu drops Ictl tor inc,' which if I 

! * may be so happy us to obtain, I shall alwaya 

* whilst I live, endea\oar to appnne myself 
' your niaji*sty*s most true una faithful sub- 
*ject; and, l'hoi>c will answer the ends of a 

* pardon. Which that 1 may so do, r^nd for 
' your majesty's long lifi*, peaccahk! ami happy 

* riMgn , shall t V er pray , \ c . J . 1 1 01.1.0 w ay . ' 

His Petition being rejected, he was executed 
April 30th, 1684. 

la wed, do ufterwanis i otitic theuiselves to a trial 
on the merits. Sec East's Pleas of th« Ciuwn, 
ch. !2.8. 69. 






7] STATIL TRIALS MCHAiBLhnBn.\6U^^Pr$ceeding8 0gam9t J. Holloway^ [8 



Being come to the place of Executioo, he 
spoke to tlie ahcrifis as tallows : 

Holiowa^. May 1 have liberty, Sir, to speak 
what I desire to speak ? 

Sheriff Daniel. Ves, Sir, you may. What 
you liave, I suppose, will be by way of disco- 
very to the world of wliat you are brought here 
to (lie for. 

Holloicaj/, You have roy Paper, captain. 

Capt. RichartUon, Yes. 

Sheriff Danief, Have it you about you P 

Capt. Richardson. I have it in my pocket. 

Sheriff DunieJ. Shew it him (which he did.) 
Is it your own hand -writing? 

Hollotcay. Yes, Sir. 

Sheriff BuaicL Is it 3'our own hand- 
"writinor ? 

Hoi/oTcav. That is my own hand-writing. 
A discovery of wiiat 1 knew, 1 made to his ma- 
jesty, but a gn;ut luuny people think that I 
iiave not discovered what 1 knew : but I have 
discovered what i knew of the Plot, aud I am 
heartily sorry 1 was any way conceilied in that 
way: as to tlie endeavouring any thing by 
arms. I do think severni thin«jf8 have liecn ilf • 
managed in England, there have lieen many 
things done against the king and the kingdom's 
interest, and ff wish the kini^ was well satisfied 
of it, aud tuat a course miglit he taken to pre- 
vent it. And, I think, one way to prevent 
plotting (according to my weak ca|Kieity) is, 
that his majesty would be ple.ised to call a par- 
liament, and pass an Act of Oblivion f(ir all 
nIottti'N whatsoever. There uas n danmabli^ 
Vopish Plot, and I hiok upon the stifling of 
that, to be the only cause thnt any man did any 
thing in this. Had all the Popish Plotters 
been — 

Sheriff Daniel. By the way, Sir, how do you 
know it was stifled ? 

Hollowatf. Sir, we have known that the laws 
could not lie suffered against them, and the 
parliament could not be suffen'd in the prose- 
cution of them. I wish the king wmm con- 
suU his own safety, and thesafety of the nation, 
and that an Act of Oblivion might pass, fori 
believe there arc many concerned ; and that 
there might be an end nut to all news- mon- 
gers, that write into the (*oni}trv letters of 
news; 1 look upon that to do the km"* and the 
kin;;dom more hurt than any thing else. 

Capt. Richarthmi. Mr. ll«dlnway» I beg one 
thing, have you discfwcrcil all ? J di sire yo».i 
wonhl declare those (}ou did not name their 
names) that, if occasion were, would be ready ; 
but that you liad not .<:poke to them. Wade 
and others were to ninintuin their posts. 

Hollmtnj. No, Sir, I had not kjioIcc to them. 

Caj.t. Hichardson. This you did say. 

Ihlhrway. Yes, Sir. 

Sheriff /j«?i it/. And that you promised a 
mimher of men in this design. 

Hidlon:au. iVoniise it ! I did propose I 
might do it. 

Cppt. Richardson. What do you know of 
the conthvuig the biuunoss uf the Uy«s« for 
lopping, or taking off the king aud the dtd^c ? 



^ HoUmcay, I was not with them till after t^ 
time a good while ; till about a month or tin 
weeks after the time I was not acquainted with 
tliem . I looked upon it as a business not likdy 
to take any effect at all, for 1 could never Ana 
above five that were conoemetl in it. 

Sheriff Dashwond. But did they not tell y«t 
at some one time, they were eoDccmed in audi 
a tiling !' 

Huilouai/, \c% Sir, they did so. They^ 
told me more thvm once. 

Sheriff JJ«7i/£/. In Bristol, or in liOndonf 

Jtiolhuay. In London. 

Sheriff Dushrcood, 5Ir. Holloway, yon hsr^ 
a hiicrty to say an}' thing you have a mind to. 

Holfon-fly. I have little to say more upoa 
that account. I am sorry I was concerneil b^ 
that ^vay , to do such a thuig as to take up anm. 
But as*to the desi^ I had, and the Plot I wa«> 
acquainted with, it was nothing against tht 
king^s life. 

Cupt. RichardiOH. Sure it was the savae 
Plot, while there wus a design to seize the kiugp, 
and take hiiu frum e\il company. 

Holhuay. We had a design to take then^ 
that were guilty of the Popish Plot, and werii 
cnemieai to the privileges and liberties of th«^ 
subje<^t. 

Sheriff Daniel. And as a thing that 
to tli'ti, the king was to bo seized till he 
sculett to thcaie things. 

lloUo'i HI/. It was supposed by them 
told mc of it, that many things thai have 
act4;d of late, were done contrary to the kughi 
knowledge, and that the king knew nothinff iff 
it ; and 1 am perfectly of that belief too, uiaA 
many thuigs arc done contrary to the kinff'a 
knowledge. And I was farther informed, tEat 
if the king could be but once acquainted with 
these things, that the king would preaeotly 
come in to those that should stand for his as- 
.sistance, and give up all those offendeis to 
judtice. 

Sheriff J}(7ni£/. And if yon could not tell hioi 
otherwibe, you would take him first, and tell 
him afterwards. 

IloUiwai/. You may interpret it how yoa, 
please, Sir. It was that all such difiercnosB 
amongst the king's subjects might be preientsA 
for the I'utnrc ; for I believe then* were never 
git.*attr differences in the spirits of men, though, 
some think the times were never better than 
now, liecause all things go according to their 
own humour ; but I suppoae many in the na- 
tion are satisfied that many things have beeft 
done contrary to law. 

Sh.niff Dunitf. Was it fit you slioiild set up- 
for a politiei&n, or a statesman '^ 

Holhmay. No, Sir, I did not take it upon 
me ; tliat uos for tJic scribblers that write 
news. I do not reckon myself worthy to direct 
in such a cas>p. 

Shei-iff Diwiit/. 3Ir. Holloway, you do mfL 
remcmlicr to give the names ot' those persoaSL 
you spake of. 

Uniki£uy. It would be a fbUy lor nM« Sii^« 



9] 



STATE TRIALS, 36 Chables II. l6S4.-<-/«r High Treaton. 



[10 



to go t» abuse men that I did not know whether 
Wn woaJd be concenied or no. 

Moriff Datkwifod, But that there were per- 
■M ^t would be concerned, you say. 

BoUouray. That we did think so ; and if we 
ihsakl naiiie every one that we thought would 
hscMicemed, 1 believe we might name three 
fam ot Lundun. 

GipL JlicAardson* I liope you are in a 
pM mistake there. 

HUAuiiay. For that desi^, I helieYC above 
ikiee (lorts would be for. 1 never had any de- 
■p Uit I'ur the king and the km{;dom'8 inter- 
«t; tbou^ 1 know that denjpd that was car- 
mi en by Kunosey and West was a very hein- 
<« design, but 1 belie c they would not have 
hmA many iu England that would have been 
4vk ; 1 ni'ver heard of above Bvc for it. 

fibstf DsniV/. Were vnu acquainted with 
W^eol? 

UiAliwa^. I was in his company once or 

fise, bat 1 beard him speak against it. 
[ %inS DamieL Was you ever with my lord 

! Btllmmjf, No, Sir, I was never with my lord 

flbtebory but once, and that was about a 

Mb I waai promoting in parliament, about 

Ae laai-raanttfacture. 

Shsiff DvmigL Was you ever with my lord 

B a Uman . Never but once, and that was 
ibMl that buaness. 
SbatS DamieL Were 3'ou ever acquainted 
* vv bud Russell? 

Never with him at all. 
wcood. You were saying you 
kmr ibe same; of live ; who were the}' that 
svie It he cuncerned in that matter ? 
BtUt^ej. 1 ba%'c declared them to his ma- 

bbenS D'jniel, Did you know Ferguson .** 
KiMHirfiv. I knew 'liiin, Sir, but I know 
fmsttk*'j t'i be a^piiisst any such design, and, 
iidfc-d, we diu look u|>oii it tu be a thing that 
««dd C(.ui«-- to noetiect. 

Heriff DjLs/actud. Do vou mean the s«>iz- 
i«lbe kir.^ :- 

Maii^ff^tr. I mean the insurrretiou. 

l^ehlT l>tinicL Did you know oi'auy money 
fimk or (»r>j!uiM:d to buy arms '! 

BnLLwiif. No, Sir, novrr. I hoanl of money 
ta was u> be nuved, but 1 did not know hIio 
iMla raise it. 

ftoiif Dan*rJ. It i« not our business to ask 
IWaaoy questions, it' you have anything to 
Mrvouniay. 

tSim€ lituhM.ttJ. if y^'U have any thing 
li say tor the di^^harcfc* of your cobscicnce, 

MtUoxay, I tliaok God, I never had any de- 
* ^^fainsi his majcKty's person ; what'l in- 
' was oolv for the* gocii) of the king and 
a, and I did take ii that it wmdd liave 
■•; and 1 am very sorry that any things 
" base gone contrary tu law, as thi.*y have 
aod I iiope care will lie laL.^n t.> {irevpnt 
ibefiiturc. 



Wm% aod I iiope < 



Sheriff Dashwood. The kine bath said be- 
will govern according to law ; he hath done so, 
and will do so. 

Hotlowai/, That I leave to the judgment of 
all; many know better than I. 

Sherifl* Danirl. Such glossy pretences ar« 
very strange, to carry on such a design, for the 
seizing a sovereign prince, that you have sworn 
allegiance to, or ought to have done. 

Hollcftcay. I think those pretences, the 
grounds that we went upon, were no glossy 
pretences at all. 

Slieriff Daniel. I think il is, that when 
things are not done as you would have them, 
you must immediately rebel. 

Hotlouay. No, Sir," not that ; we did not de- 
sign a rebellion. 

Slieriff Danie/, The seizing the king is cer-> 
tainly a rebellion, and one of the highest steps 
of rebellion. 

Hollotrat/, We say this, that all ways wer* 
used against Protestants ; several Sham- Plots ; 
hut no justice could be had against Papists. 

Sheriff Daniel. Several uf them viere exe- 
cuted here. 

HoUmcay. There wore some executed at 
first. Sir ; but al'terwaitis, when so many great 
persons came to be concerned, there was no- 
thing could be had against them. 

Sheriff Daniel. Tbei-e were mighty searches 
made about London, for that great number of 
Papists talked on. 

HolU/uni/. There was a great many seized, 
Sir ; but wuat became of them ? 

Sheriff Da?? tV/. Generally tried, and brought 
to condign punishment. Y on would not have 
had every Irislunnn believed against liunesf 
men. Snine peoiile were called papists in 
inas({uera(lc. 

Holloa ay. Irishmen were believed against 
Prot'Stauts ; after they had turned about, and 
had sworn against papists, they were believed 
then. It was well observed, *^tliat while the 
Irish evidences did continue in the first dis- 
course of the popish plot, and in the first evi- 
(Wncos, then, it is well known, they were slight- 
ed, anti all cried out ai>ainst ; hut when they 
came to swenr against Protestants, then thing* 
were alt«*r«?d presently. 

Slieriff Dashu'(H)(J. 1 pray God all men's eyes 
m%iy be opened to see what is done. 

iloUoauy. 1 uould not advise any one to ^ 
that «ay to work, to do any thingby ftirce of 
arms ; and I wish the kind's eyes may be open- 
ed, that he may see his eneuiies from his friends; 
and 1 think he hath cause to look for thfnn near 
his home. 

Sheriff Dashtcood. Have you any papers to 
deliver ? 

Hollmvay. 1 have no ot^>er papers; what 
paper I wrote, the council hu<l. 1 did write a 
pa|>er, that it might he- fouie satis^M'tioii to the 
opinions of pcopl" «.l' wl.ut 1 knew, that rare 
might lif* taken ii» pi«-\int <ither opiniimR. if 
ihcK \\<'V\f ?\\ rnor. \vA that paper the council 
h:id ; thon^h \\w\; Iviok il very heinoiislT of ine 
i ihut 1 shuiild p!-f«<:uine to write siu*h :t Aiing. I 




1 1] STATE TRIALS. 36 CiiAftLfiS H. l6U.^Pr0Citdingw agmmi J. Hefhway, [ I 




Ifioked iifmn it that t couid not do more for the 
kirns, than to acciunirii liim of wbil i kaew^ 
t' were niisitiformed, tliere ttii^bt be 

o. H> alter tJie own roil. 

SiiLiiit l^uMiT^i/. \ou have delivered no 
puf>ei- tu }*Jur wiie, or tu any friend* ? 

liifUoaay, Thttt^ 1 suppose, is well known 
to tlie gAuler. 

bhisvitf DuAhvood, You know betleT than 
any body whether you liavu or not. You may 
ty Ay, or No. 

Hounway* I could not lie admitted to write 

jy for I could not have pen and ink to wrile 
mny thintr hut this* 

SIu^fiiF Daihwood, And you ha?e not deli- 
V iijjer? 

. 1 have written to some friends. I 
know It i& supposed that 1 had deUvered a copy 
of that paper that the eouncit had ; and, 1 tliiuk 
if it had heeo knowu publicly, It would have 
done no great bitft. 

SbenH' D/ifiit7. You speak of several (teoplts 
opinions ; what do you mean ? 

Hoihuaif, As concerning' the times, Sir, the 
management of aflairs. 

Sheriff Daniel. Prtiy^ Sir, under what deno- 
mination do you reckon yourself? 

UoLLmtay* I reckou myself a Protestant. 

Sheriff JDtimW. Ofwhatiort? Of the church 
tf finffland, or of the Disaenteni from them ? 

Holhway, I am not a Disaenter from the 
church of England. 

8hti ' Nor joined with thein? 

Hit a joiueii with them altogether. 

But 1 Lhoiigla tliat if aov good had been de> 
signed for England, that J had done enough to 
merit a pardon ; for f liad wrote so much of 
tnitl^, and was so fair and plain in it, that 1 
ihouj^ht it would have merited a pardon^ if any 
good were designed, li" I could have disco- 
vered more, that h»d been for the king and 
kingdom's intcrcM, I wuidd have done it; for I 
did not do it rashly, but considered of it some 
time before I gave it in . I hope it will be a sa- 
lisiactmn that there was sucn a plot; what 
other n>en*s opinions might be of it I caunot 
tell, but leave every one to their own judg- 
ment. It was feared thai arbitrary govern- 
ment and iM»pery was dcsignrd: aud truly, I 
think, at this present time, by what I can un- 
dcrxtaud, that iliere is little bellcr de^i^ned. 

Capt. Rtchardson. This 18 reflecting upon 
the govimmcni. 

«heriff VashtLOod, Tht* is not fit. 

llfyliaway. J say it is contrary lo the king's 

^^itiicL Sir, wc have neither a re- 

r,nirjl*>n fur yOU- 

I t'jipect it, Sir ; if troth 

li . J '. I ikve merited a pardon, I 

ought littve had it. 

Capt. Richardson, The king is the best 
judge of his own mercy* 

HW//CTrn;/. Had tbc Uw be«i executed 
^^ -tshoHTcuders, Ihad n«verbc«ucon- 

c« y l*lot. 

CapL Ktckardstm, You know the king wi« 



veryean]«!ftt in thai, to bare the lawi ^mi 
ejcecution against theiu ; and that be inovcd 
to the pai'Uament to have it ik>np. Have ^ 
any tiling else lo say tliat more nearly < 
you ? 

Hotiomay, I wiah I could have been 
otherwise seruceubleto the king and kingdo 
before I leli thvui, I should have bccji i£ 
willing \ and it was always my design 
mote the king and kiugdom'^s in 
than my own. 

Hhetiff Unmel. Well, Sir, you MyrJ 
things very well ; hut others ill, 

Hotiowai/. What t say. Sir, 1 leave 
ple^s jnd^'-menu ; if 1 am mistaketif 
they will be utherwi^^e. 

Hheriff Dunkl. Well, Sir, liave you 
thing failher lo sa}* ? — HoUoway, No, Sir. 

Hbei'tff Dmhu'ood. I suppose you n^ed 
keep a meeting, or club, at Bristol, with i 
therCv 

Bdkrway. 1 know some have repre 
club very had in Bristol. A club we bad i 
the choice of partiamcnt-meo. 

Sheriff DanicL The Horse-shoe club. 

Sheriff Dashwood. Or the 31 ermaid-c 

HoUumay. The Horse* shoe club, it wt 
for carrying on the election of pariift^^ 
men. ff all such things should be calledi 
there were ^ax at cltibs kept by auothor i 

Sheriff Daniel. Well, Sir, you had I 

f yourself for death, you have no long 
ive. 

Then he opened his Bible and reaM *'•* * 
Psalm, and part of two chapters r 
brews, and afterwards aske<i the 8hti,U- j 
oM^ht have liberty lo pray ; wbieh 
granted, he prayed as follows : 

** Blesi»eil and holy Loi-d our Go<], thou ] 
before all men, thou art the only true God, I 
Almighty God, the fountain of all 
Thou art the discerner of all hearts, th 
thoiightfl of men are not unknown to thee. 
Lord, what am I that thou should^t be luijidl]^ 
of me, or that thou shouldst suffer me now I 
call upon thee, when thou mi gh test have I 
me away in the commission of somt- sin i ' 
theci* Ijiit thou ha^t been a merciful I 
long suffering God, a patient God. O J 
trust it h far my soul's weJfare in brin 
to this, though it is an untimely end, fcrl 
cuttest off my days in the midnt^ but Lord, | 
trust it is for my souPs sake. Our times ate i 
thy hands, and it is my sins that have brouj 
me to this. t>h give mc a true sense of l" 
as I trust thou hast done, and that thou ha 
heard my prayers, and wilt be my 
comforter, and receive me in and throu 
merits of Jesus Christ our Lord, who I 
himself a sacrifice for our sins, even for tbe tin 
of the \*holc world, and now sitteth at 
right hand baercixting for us. Lord, bear i 
in and through him. Lay not any of foy i 
to my charge ; let not the least sm be unp 
dooed. The lea^t stu deservctb damaatioti^ 
Lord, I trust thou hast pardoned tbein all, aa 



13] STATE TRIALS, 36 Charles II. l684.-/(pr High Treason. [14 

The PAPER dsUrered to the Sheriffs. 



int thou hast heard my prayers, and the 

fn^'cni of utbcmi lor me. Li)nl,*in mercy look 

im upon iiie ; in mercy look down upon this 

Mtoa ; (mnlon tlu* crying sins thereof. Lord, 

ikM seesi to %» hat a lit- i^rht of sin it grows, and 

liMi seest what wickedness is promoted in all 

fhoB. anil what little eh«MHiragemeiit there is 

Utawhicli is giKid. Lord, l)lt!ss the kin^, 

■ikeefi bini from all con-^piracies. LonI, g'ive 

Mm a scn<ie of his condition, and make him 

kwm bi< (mtHiiies fn»in his friends. O Lord, 

klhiitt i<*ok close aliout him, to see who arc 

rint him ; and Lord put an end to all plot - 

ti^. O Loril, make him a happy prince, give 

\m a siDse of his sins, and a sense of wliosc 

Mniat he i<. Lord, make him thy tnie ^nd 

Maiol servant. Lord, bless all thy people 

whatatjever tln-y are, and continue thy Gospc-I 

OTT vbere, let* it not be rooted out. C> Loi-d, 

Am knoirest uhat contiivauces have been 

Bide a^iinst it. Lord, continue it here; let it 

%mmU more than ever it hath done. I^ord, 

■ke £n;;Iaod a place thou wilt delight to 

6clin, aail nuke them know thou hast not 

^■k so with every nation. Lord, hear the 

pnvos «if all thy people. Lord, continue t!ie 

wpd in £nsr<utitl ; I^t not po)>ery, let not 

mnry ^o« eminent csme in. (I Lonl, there 

V» fvwi'laws in Kngland, Jjord, let them he 

fit a execution. Lord, hear mc for thy mer- 

CMiiilfie. I am now coming unto thee. Lord, 

I kaie but a minute or two to be here, let thy 

yiril receive me, to thee I commit my spirit. 

Mi, War ne, and answiT me for thy S«ui's 

■kt, «^ ii at thy right hand interccciing for 

■«ft» wfaoa with" thee and thy eternal Spirit 

WafiiHiOoar, ai:d ^'lory, and praise, both now 

•rfcfffBJore.'* 

^ *Thitn bein*; a^iketl, \Vho was in council at ' 
tae ee!ivm uf the letter 1' I In answcreiL) I 

H.tlav4^§f, There was the duke of York. an<I I 
JtefWil keeper ; 1 did not deliver it : !t wa-i ' 
■■■C^ptefl iu a letter, or givi.n in. J did not I 
!■■» how It was ; fi»r I have been kept, so that ' 
liidBotthe Ub«.Ti% to set? any fri^'iid, till \cs- j 
Mty in the aiteni'oun I had the liK>erty ot'two ' 
* wee boursk with my wife. 

Capi. Rtcfinrdwn. \ ou had your wlic- \wth ! 
|Mi before, ami your sister, a!id .some other 



UUiouav- But that was never without a 

Cape. iiuharJson. \ ^^\\ .ire in the rijfht, j 

Hlenti' DnttuL They do not u^^e to allow 
•mwler your ci^cu.n^tuuces such a liberty 
■5Ji« talk of. 

lUUoi-ejf. 1 pray dA that no nthi.T people 
■11 €mi0kirn themselves w itli puhlie adiiirs, out 
if tiMr o%rn way; and that the Kcribd'crs 
il%hl be put down, for they do more iuut to 
%i|aas>iloni than any thin*^ eKe. 

Ifttritf Ihintfl. Have you any tbinn^ more to 

MS'^ilifUviL uy. iSiO, Sir. 

mmUS D'ifi'tL Then God Iuavc mercy upon 

tlmaftcr which hf" was turntd uff. 



April ^6, 1684. 

To stop the mouths, <Scc. of. all pamphleteers, 
and newrs- scribblers, who ha\ e done more pre • 
judioe to his majesty and kingdomjs, by tlicir 
impudent endtavour's to sham p.ll plots, and to 
fill the country with false news, thaO they will 
ever be able toretrune; and to satisfy all I 
leave behuid me, 1 thouirht good to draw up a 
short account of what 1 knew of the late Pro- 
testant Plot, how I came to be concenuid, what 
induced me to it, and how far I was concerned, 
also my now opinion of it, &c. 

It vva> my unhappincss to have too publi-? a 
spirit for one ot* my capacity, and us soon as I 
i:imie to be a froc lian, to prefer the king's and 
kingdom's interest Ictbrc my own ; for having 
some knowled}Ve in linen-ciotb, upou the pro- 
hibitions of French linens, ^c. 1 thought the 
linen manufacture might be brought to peifec- 
tion in Enii^land, to the veiy great advantage of 
the poor, and so made some trial of it in War- 
wickshire, where 1 employed some hundretls 
of poor, ami in about eigliteen months time 
brought it to such perfection, that 1 could make 
as good cloth as the French, and so well imi- 
tate it, that few coidd know it from French ; 
but the prohibition being not so strict as at first 
seemed to be, Frenrh cloth was brought in 
chea|)er than ever ; so that I was forced to leave 
off with loss ; but considering, that by an act of 

farliament tor its encouragement, in a method 
had thought upon, it might be settled much 
to the king's and kingdom's interest, advancing 
the king's revenue near two hundred thousanu 
pounds a }ear, and would have employed about 
eighty thousand poor people, anti about forty 
thousand acres of l«nd ; concerning which I 
was, al>oui June IGHO, brought acquainted with 
the earl of IOsse\, to whom J related the busi- 
n<ss, wlio itii'.nuiiiulely had me to the (now) 
f"\v\ of Ttorlic"-:tiT, then Pr.*«?i'ltMit of the Trea- 
sury, and h*i l».id mc to sir lidwanl Deerint*", 
w'.io (when tluy tniderstood my proposals) 
gave me something to bear i;iy charges, and 
encouraged me to utl'.'nd tlie i:t:xt parliament, 
t'j endeavour the ]u"nM.1ion then»of; which I 
did almost t!ii;wi.oI- .^'s -ions, and brought to 
the h'jH-.iker'.s riinmber soraeof the cloth,which 
ujfjcoiujmrivl with French, ^c. vvA thedf^igu 
well {'pprovcil (»f by all; which bmught me 
into lou large aenuaiutance for one of my capa- 
city ; fi(j:n v. lioin I hcrvd too much (as hath 
proved, fir nsy i:)*.erc '.) of things that were 
in hi»!id er.rA'"U'ing the Popish Plot, which 
prevcnifd the doing any thing a** to my design. 
So that aflf:r 1 %vjis encouraged to attend the 
O.'dijrtI parliament, which 1 did ; and was de- 
sired there hy the carl of Clarendon, and 
otlni-'. to piepire ;» bill ; the headvof which 1. 
drew iip^ thou'i'h it proved to no purpose but 
my ruin. 1 uish my kine, and country might 
ri'iip tli»' betiefit of what I pay so dear for. The 
more 1 knew durins^niy at* judunceonthosetwo 
parliaments, tlio nion^ I w as desirous to know ; 
and did by some scribblers and news-mongers 



15] STATE TRIALS, S6 Charles II. iSs^.-^Proceedhgt against J. Hollowa^y [16 

constaiitljr kuow most public afTairs that \% ere to be done biz ueeki befcn^, that they had oohf 
acted,wl)ich they undertook to i-c|M'csi|nl accord- > a parcel of amis ready, and that they bad nci^ - 
ing^ to tlieir own liiiinour ; many actions being* ; thcr men nor horKCs ;' but one said if they couli , 
represented very illc^l, much a^nst the pro- haveraiiieddor8(K)/.to baTebougfhtbor8e8,md 
testant interest, in favour of papists, &c also mmetliin^ to encourage men, they should 
• 11... _ . I have found men enough ; so that I looked npoa . 



that only to be the design of fire or six penani« 
and no way likely to be acted ; but the gcnsnl 
design for the insurrection was carried on h/ 
others ; who, though they had mails a gml 
stir in the nation, trying the inclinations of 
peoule, and had ti'eateil with the SScotsand 
Irish, as I heard, who were to be ready at tbt 
same time, yet were never come to any resoln- 



shamming the Popish i*iot, and layuig sham 
plots up4)n prottstants ; abusing the rights and 

J)rivileges of the subject, the truth of which I 
eave to the jiidgmeut of all ; but heanng 
many sueh like things, was easily prevailed 
with to be concerned in the plot, according as 
it was proposed to me, viz. 

About July l^&2, I met with a person who 
then being come from London, gave me a re- . . 

lation at large concerning the election of i ti]^'^ ^ii t4» any time or method, liefore all 
sheriffs that liad been in June, the manner of t discovered ; thou^rli they had lieen 
which is well known to :ill ; he represented it to 
me as a very illegal action, and that there was 
a devilish (tcsign of the jiapists in it, to cut off 
the king^s frieuds, the stirring men in both tlie 
last parliaments, as to the prosecution of the 
Popish Plot, who I always took to be both the 
king's and the nation's friends. That there 
were witnesses had been reaily a lon^ time, to 
swear against them, but they could not ^et 
jurors to believe them, but now they had by 
force of arms, &:c. got sheriffs who will find 
juries to believe them, and so hang tlieni up 
at their pleasure ; that there was none bnt had 
council about the king, who kept all ill actions 
from his knowledge ; and if they proceeded to 
swear North and Uicli at Michaelmas, and to 
choosa lunl-niayor, as thev had done Kherif)s, 
the Protestant ginilr)' were resolved (naming 
some) to remedy what was dc^signetl, by an in- 
suiTection in several partu of i^ngland ; and, if 
possible, to g<rt the Icing off from his evil coun- 
cil, and bring all ]H»pis)i offenders to justice, 
sayiiiif, that they uere sure that, when the 
king knew the occaiiiou ot' ifieir rising, he 
would presently give up all oflenders, and 
come in to them. That it should begin ii\ 
Nu't'eml^r iu London, Hristul, Kvetrr, 'ftiim- 

ttu, Chester, York, Newcastle; and that we . , ._ 

should hear mora of it in a month's time: ! tlioii;^hts, and actions of all, though never 



months contriving of it, from the time I fim 
hc>ard of it. This, 1 hope, will be enough to 
satisfy all peojde that there was a pkit; 1 
mention no names here, having given Ml 
majest}' a more large 'account of w hat I kncir' 
of it, mentioning the names of all that I knew 
conccrnc«l. The arguments before mentioned, 
with many others to the same eflect, not only 
soon prevailed with me, but made me iudeed 
think it my duty to do what I could for my 
king and cbuntr^^'s safety ; being then fully 
persuaded, tliat not only popery, hut arbitrary 
government was inlcnde<l ; not tlien consider^ 
ing, (as I have siticc considered) how much 
bloodshed it might hnvc caused iu the nation ^ 
for then I thoui;tht all woukl have been ended 
in littki thne, supposing things to he as to me 
was reported. Diit 1 do^now declare my 
hearty sorrow for my yielding thereto, tind 
acting therein ; thongfi 1 can safely snj', I was 
not lor talcMig thu king's life, but wholly for hii 
|»rcaervation," yet am satisHcd that it might 
linvo caused very much bloodshed in the natioot 
hx\\\ nni glad it did not take effect. Also I 
dtclarc, that I am satisfied it was a very great 
sin against God, not only in distrusting hit 
Provjilencp, hut in ollVring to take the work 
out of his hand, who knows the hearts. 



therefore desired we loight consider lii>w it 
iui;iht be raanaged in Bristol ; which we did ; 
;ind concludeit, that Bristol, with abfiut J6U 
npen, might l:>e easily securetl by a surprize, 
without the bloodshed of one man. About a 
month aher that, cauie the person he mention • 
ed we should hear tuova by ; but he could 
declare no more than the fornier did, only that 
the design went on, and there would be linn I v 
notice given to all parts ; but we hearof notliiiii*: 
hut disappointments and delays, putting it off 
from time to time. In April 1 heard of :i not her 
daiign against the king, and duke of York, as 
they were to come from Newmarket, Sf>me 
time in March ; but when 1 enquired into that, 
fbunil it was carried on by three or four ; and 
never oouhl hear the names of above five that 
were for it.- When I heard it, I declared my 
abbon-f^nce of any such thing, and that I was 
confident ntme in our parts would be tor such a 
baM action. After that, I enquired further into 
iti and could find, that dthoagh it ww intended 



sorrct ; whose mercy and panlon 1 most hum- 
bly iieg, and trust shall have; and in confidence 
thereor", (through the merits of the blowl of our 
liOrd aud Saviour (.*hrist Jesus) can willingly 
die. Nothing (next to this and all other my 
.siii^) ii» more trouble to ute than the thoughts 
hmv (dying^ 1 shall leavi; my relations and 
frit'ods in trouble, concerning 'my worldly nf- 
I fairs ; boing by r»;ason of thi.s unhappy concern, 
I not in such a poslure as they should be : So 
that by my di'at'u my dearest friends will not 
only he \ei\ in great It rouble, but lie under the 
iwuRure of' many, none understanding how 
things arc ; ni\ wife and children ruined, and 
my creilitors grtut losers ; whereas might 1 
haVc b(.*en thought worthy to live, I should 
have taken the trouble olF them all, and hope 
in time to have pai<i every man to a penny ; 
for I can from my hvart say, that as 1 hope 
for salv:ition, I novor designe<l any fraud to 
any man, bnt to pay every man his due. I 
have hcani that sunie shoiUd say, I took up 
4 



STATE TRIALS, 36Cbari.es II. i6S4.--/or High TVeta&n, 



[18 



Herest to carry on the plot; wbich 
or I never was at any charge therein 
omtaon expenreii, nor never heard 
y rai^-ed opoo that account ; thonjfh 
0,000/. that were to be raised ibr 
Hit suppose it was not done. I 
la pretty well satisfied, and hope 
\ na to my iiiturc state, and can 
tve the world ; but upin the ac- 
r friends ami creditors, considering 
I they will be left in, could gladly 
me time, that I might have taken 
dal that I fear will be laiil upon ine 
jooe ; but God knons my heart, 
ind always was from any tliouglits 



Aed that all nneans that conld be 
bftve been used to get as much out 
■iUe, but had it not been my rcso- 
daite all that I knew concerning 
id also to do what in me Jay to 
lottiiigs ibr the future, that tliere 
end put to iiuch heats, difierences, 
■miogs, that is, one against ano- 
b» majestvand his subjects mi<<:ht 
I lore and union, an ought to be 
■tiiice and his people, I bad not 
I did ; for I was never a man to be 
ion by severity, and whut I wrote 



wholly dqicndcd upon his mercy ; besides, I 
had some other reasons why I did not plead, 
which at present I conceal ; and also ^liy I 
did not s}»eak what I intended. More 1 may 
say at the place of execution, before I leave the 
world, which will be according as I find things ; 
but as to a discovery of any more persons (1 
cannot) than has been nJready menttoneiL 
Should I mention any whom I itiought would 
have been concerned^ I may much aliusethem, 
tlioiigh I believe many thousimds in the nation 
would have apjteareil, for the reasons afore- 
mentH>ned, which causeil me to be concerned. 
I doubt not, but several that were concerned, 
who are or may bo cleare<l, for want of suffi- 
cient proof against them, or by his majesty's 
mercy, will blame me ibr confessiug what I 
knew ; and not much grieve thai. I iaikd of a 
panlon, or at my death. But 1 repent not ray 
conft^on ; and could 1 discover more, wouhl 
do it willingly, though I find no mercy with 
man. ' James Hollowat. 



due consideration, being no< 
roflk I do snppose, that making 

waA large contcnsiun at first, ami 
ttioBsthiit might be observed in luy 
A 1 perceive were intercepted, may 
ilboogtits that I sti!l reserve some 
inavered ; but as to my t^nfcKsion, 
ally done, I had had some weeks 
ItyjigKto mind, and :!S for }MM-s<ins, 
«e account, and of all pussaf^^es 1 
MJb cr , thougl) vA^a'i^ do a!:d m:iy 
Biml. What 1 suj»ivfKii was oliscrv- j 
ttlers, might hv sj'ir.v fcif.Jish ex- | 
Mcmiusr soiiit^ uf my acr(ua!i:ta>ice, ' 
wouki betray nu t'neutl, meaning-, 
Btity should cause me to accuiir' any 
ciy to save myself, idthough (if 1 
lltbe accusing of a ni'.mher of {ler- 

llave saved i:iy iitV*, and bud hreti 
rwold do any vu'h thing to save iiie) 
■met cause c-f any n\mi ; for wlaii 1 
aderi, tlwse :n*ltri«tol, '•.I'l d>e- 
ift were my ni:^*. iiitiuiJite :ief}u:»iiit- 
led to do' any *.W."*x f'.r ?•«<•; liay. 
neeive letters whe:i I wr )tL' to thei;:. 
af should hf fouiid ti liuM corres- 
iidi me. >Vlien i crave in uiy con- 
Mwd not up>.>ii tffrtns id' a pardon, 
Ident, if truth Mould mr.rit mucy 
iW, I shouM ha\e Ills pHr>iou, and 
■ the only way lo s:ti!i uiLvey with 
id it already that o* op'le nru {UiKiiini; 
Mi upon me, some on*: way, c^iid 
htft ^ "^.^ "'^' plea'.lin&(, aud i.c- 
(ipMiier tnal whim Lt wat oH'Mvd, 
Ml Canfcosed tbe uliole iniiiotniem ; 
iMniS ^r 1 S'^i'l ^i»i'-. ^Viiat 1 was 
nmi tnnfrf nl to liis> liiujesty, aud 



In the Year 1684 were published, in a folio 
Pamphlet,* " Tlie free and voluntary 
" CONFESSION and NARRATIVE of 
" JAMES HOLLOW AY. (Addressed to 
" his Majesty). "Written with his own 
*« Ifanil, and delivered by liimseir to ]\Ir. 
»* Sirretary Jenkins ; as also the Pro- 
*^ cecdings against the said James Hol- 
<* loway in his Majesty's King's-Bench 
" Court, Westminster ; and his Petition 
** to his Majesty. Togellier with a par- 
' ' tieular A ccount of the Disconrsj as passed 
*' between the Slieriifs of Londtin and tlie 
*' said James Holloway, at tlie time of liis 
*• Execrtion for Ili;^!*. Trciso!! ul Tyburn, 
" April :J0, lOui. With bis Prayer im- 
** metliptely U fore, and tlic truo Copy of 
*' the Proper ilr-llvonvl Uur.u at the same 
*^ tiriu; aiid placv. l.o:u!on: IVintcd for 
" l?i,li' rl Horn, Jolin Barker, and Join 
" H«.'diijj»ync." Tlus Pamphlet contains 
all th«* AKiVler licre printL'd, touvther with 
the ll>llowip.2' 

CONFEJ-:si<)N OR NARRATIVE. 

Cirejit Sir, 
I \our uiaicr-.ty's most Ijunihle, hut to': nuich 
nn-:levl, and i!iN.'>fMlif.nt sui)jccl, do lu-ie nK";t 
faithfully, aeeordinj^ to the best uf my reincfti- 



■f At Tne t?Mi of the jiaTnphlet is the f^dlow- 
ing linpriinatir : '» V. c ::;>TM.i:il Kobert llorii, 
'•"John llekm-, ami J^nu UiMnasn, to print 
*' tln'sc paj-erf, o\A i»i .t none 'nher print the 
*' tame. i*i::i.;. Damel. 

G 



ID] STATE TRIALS, 36 Charlis II. iesi.-^rroceediugiugaMt J. HoUcway, [90 



lininrc, irivc you an account of what 1 knew 
eoiurniiiijj ilie lute discovered conspiracy, b<»\v 
I caiin* to be coiu'cnieil, how far I was cun- 
ccrncii ; how it was so have been rarritnl on 
ill Ihisiol ; wh^v I did not come in at the tirsl j 
(lisci:tery, aml'cu^t n)\s(lf at your UK«jf3l>'.s 
fivt tiir lUcn y *, how I'luatW iny csca|«s ami 
whcro 1 wai**ii:l luk*n. Jf 1 shall throujrh 
f(M-j»vifiil!iL'sisi omit any tliinj^ ihal it may be 
thoutjht I aui privy to, 1 t»hall be rcady'and 
'wiilin;'^ truly to aiiKwcr any question that shall 
be asked by youi'innjotv,* or any your most 
honourable pri\y council, no way despairing 
of your niaj< .sly 's uurcy, luu remain in hufics, 
that that iouutuin ofnicrcy which hath so 
abundantly tU>wcd fi om your sacred breast ever 
siui-e your happy r(>Nturaiiun is not yet dry, 
»ni\ tliat thci-e is s*>nie drtips lelt for me, who 
doi'ht not but to serve your majesty both at 
home and abroad, laiu'h more living than my 
ikath will. 

I'hat w Inch 1 have cause to impute the oc- 
easinn cf my boiiit^ concerned, was my too 
public spirit, ' prt :«-rrinjj^ v our uuijcsty 's and my ! 
e.ouu!ry's interest much Inilure my own, but 
espcc:i;dly in altciidinijf the two last p.irUamenU, 
pn»n\(.tinjif an act, for th.f encour.imimcnt of 
the Mneu Maimfatturo, a;id the pn \eiiti:)j;- of 
frauds in y uui- majesty \s cuslouis, :^c. which 
would huvo brought in, and saved to your 
maJLSty ni'ar '2(>0,()00/. per ann. and employed 
many iliuu;v:uils of poor, 6cc, as is well known 
t<> many uoithy persons abt»ut \ our court, and ! 
ii:djed provi'ti usy ruin, otherwise than in tliis I 
C'sneern by brinjiiupf me into too great ac- | 
(jii.:i.itance for oi>f* of my capacity, and by 
!li:»l tube c<iiice>iU'l .:*; 1 WU';. My atte-ndaa'c 
o.i tho.?e two pari.^iaents i doubt have been 
iiji;ripre;>inted. 

(lotv far I was concerned. 

Ai'tir Ihc dissolution of iho two last parlia* 
iiicnis, 1 observed a ;j;ii!at dissatisfaction i 
iii pi'opli-, ill iiuisi parts where I traxeTbd, but : 
lje:ii(l iMihinrr of any deaiy^n till July UuTi, ' 
v.iit'ii one. \!r. .lost.'ph Tyly, of Hrist«>l, cunic I 
fruui Loiiilo:: ; 1 uieetiii^ with him, askul | 
wliai iwws, he aiiswercd to this effect, all bad, I 
ami if siiMie ^ptrdy coui*se be not taken we 
sIimII Im^ all undone, for by their aibitrary, 
iilei^^ul ways, ami by force of anus, they have i 
t;".ot slM-ri/is to I heir minds, witnesses they had | 
bt (ore, but xKiiit'Ml jurors to l»elievetlit:m. now 
tb. y innt'irnt .slurilfs, namin<^ 3Ir. Xor'.h :u.*l 
Mr. Jde.h, who \\\\\ fuid juroi-s to b«'lie%e any 
e%i(U iici* ai4-aii..>t u prutestant, and so hang up 
nil ilie kind's friends by dci^rees ; I then told 
hnii that I thous;ht it was iin|N)s<;ible such j 
tliiiiir.s could be done, but the kini^ nmst hear I 
cit'il; no, said he, there is none suffered to I 
couip near the KinGC, but those who have been 
decldicd enemips to the kin«r and kingdom by 
]iarlis)ment, naming Kome that were mentionetl 
in thi> priutril \otes, who to save themselves do ! 
cndtavotir to keep all such things from the 
kind's kuouh-diTo, and persuatle him against ; 
liariaiuiut^. with uiucU u;oi'i{ such Ukc dis- ; 

J 



course, by which I found the same was dis- 
coursed Itiroughout England, Scotkind, and 
Ireland, as a means to engage people. At 
length he told me that the protestant jgentrj't 
naming the carl of Shafteb-bury, lord Howard 
of Escrick, and others were come to a iiesolti- 
tion, sc>eiugfair means v\ould notdo, bntall 
things on the protestants' side are inisrepe- 
sentcd to tlie king, by such great enmi- 
nals, and none iivore in favour tbun those, ta 
t.'die the king from liis evil council, and that 
by an insurrection in several parts of Eoglaod 
al once, viz. luondou, Bristol, Taunton, Exe- 
ter, Chester, Newcastle, York, and some other 
places in the north, and that there would be a 
considerable party ready in Scotland, and ano* 
ther in Ireland, *^thcrdore, said he, vtemust 
consider how to mana<jrH aihiirs in Hristol, fiir 
if they praceed at Michaelmas, in choosing 
lonl-mayor as they did bherilfs, and to awear- 
in«7 of North and Hith, it must begin in Oe* 
tolxir or Movember, otherwise there will be 
some sham plot contrived to take off mo&t of 
the stirring men in the last parliaments ; with 
much other discourse Cb the same effect ; add- 
ing, that Mr. Wade would come down very 
suddenly, by whom we might expect a foil 
account of all. y\ bout the ended* Auj^ust, as 
near as I ciui remember, Mr. W.'uJe cania 
down, who cH)ntirmed what Mr. Tyly had 
said, but coidd say little as to any fartlier re- 
stdution they were come to above, either of 
any time or luethod agreed upon, but that tbo 
design went on, and men were employed iu all 
parts to try how people were inclined, who 
found enough ready, and that there would be 
no wans vi' men, it it was once begun. Then 
we considered how it mij,lit bf? inanagcd in 
ilristul, and wh:it muiiber of men might be 
iieeilful for the lii-st or.>.et ; towards which he 
s-.iid, we miu'ht depend on loO men from 
Taunton or thereabouts, and concknled that 
;>oO might Ih: sutlicient to secure it without the 
bloodshed of one man, it being our design to 
shell no blood if possible ; but this we resolved 
not to aecpiaint any of our friends with it, till 
the day aud method was rcscdved, of which he 
said wo shoidd have ten or fourteen days no- 
tice ; and having soon consideretl of a method, 
wuited in expcdati'jn of further advice, but 
none came till November ; then wc heard that 
some disappoiiitnn-nt happening they were 
forced to d«day it, though there was moie and 
na-n: cause for it. The end of December or 
Im ginning of January had advice that it waa 
deftrred to tlieb».tjinnlngof !\larch. The third 
of March 1 came to jjondon, and meeting 
wit!. !\ir. Wade, asked him how things went* 
who answered that he coubl not tell what to 
make of it, for he could find nothing done, 
more than was nine months before. The 
great persons who were the managers, having 
done notbii:g but talked of things, lint now 
there was some others appointed to manage it, 
u bo were men of business, naming them U> me, 
viz. the curl of Kbse.x, the lord IIt;ward oi 
Lscriwu, liitt lord Urey, the lord ItusselK col. 



Sdarj* major Wildman, Mr. Hampden the 
€r, ftncJ M r. Charlton, who he did siiiiposi' 
make soinrthing of it, and not do as tlie 
had «|f>Dr, niakt* a }i*ar.s talk lo ensnare 
■MiTthousnrjfN of pcf »i»l«* to no purpose; lor 
tkfselttd kfreadv st:nt nu*sscn«r< l'^« into ^U•ot- 
MiBfi Irr-iainL to know thnir minds, ni'min^ 
«rlaroii Smith, sent into Scotland, and at the 
IfBRfif the iiiessen^fcrs, would come to a i*eso- 
iMas to tin)C and method, but he was oonti- 
iBKtbc\ could not hi nMd5'bitbref}]idsumiiuT, 
lvia»ii) thev bad done so little in order to it. 
Mr. Wade was t!ifn dfM;;ncd into the wet, upon 
AectTi'of St.imf(»rd*s husincss, and said it he 
u&dcrstund aiiv thinsrniore before lie left 

he 
ttus 



STATE TRIALS, 36 Ciurlf.s II. \CSl,—/or IJi^h Treason. | \>2 

duke, eoniinnr from Newmarket, wliieh they 
e\pei*titl would ha>eh(>cii that Saturday men- 
tioned in his li'ttiT, hud not tho lir«' h.ipp«Micd, 
whicii e:ni^"d thrni to eiMu*.' ^oonor ; nay, Faid 
lit*, hatl we l.nown ihvy would have staycMl ro 
ionjy as th'^y did, tlx'ir h-isiiu '';s slmold ha%c 
Wf^n done : 1 tli'-n asked him what lie meant hy 
desirinij Mv. \\i\i\v to fjet his elifiits tofjithrr 
h\ that «lay, ami what h#* eould prop'»se they 
sfumld huv'edono, to wliich lu* could ♦<:ty litlii*, 
only that they mi<rht be ready. 1 tln'n told 
hini, that 1 thous^ht it a very rash tliin«jf. a»!d 
that few in Kn<rland wouM approve ot it, that I 
was sure none about us wouUI, bcir.nr a most 
eowanllv, dishonouraide action, In'si.los the 
uould take Hristoi in his way, and bas<'st sin of m>ir(h'r ; then, saiil h<>, what is 
uitli it. This join-n;'y Ik- brouo'lit dt-siyfu.'d by thf f»-,MUTal desijjn hut lo take them 

■ttooL'l. Kunist'V. with viliomue had little j both" off, and if it had he<n doni* tl.al way, it 

hmats^; he b«*i:i;J ?oin(r forth with his lady. , wonki have prevented a great dtal o\ hlo<»d.-h4'«I 

lliaith «'f March 1 left Loudon, and ueiit j in the nation; no, said i, no such thin«^ i)» 

&Ntlf for Bristol ; about the 12th of March ; d*.'sii;tied as 1 know of, the general desi^^n l>einir 

lbW;<de came to liristol, but then could say ( only to sfet the kinj^f ort' from his evil counsel*, 

Maretban as above, the incsS4*n£rer.s heinlf ' who had advised hiiu to put a stop to procet d- 

iicMie Uick trotii 8«*otlaud nor Ireland, and ' incrs a^piinsl Popish l*Iotl< rs, by diss>dvin^ of 

mtf bi> f<>riii<n' opinion, that if any tliinof j p'arliaments, \e. and to bririf;^ afl Popish oneii- 

VRdonc, it could ni)l be More .Midsummer, ' ' 

kite €\pcct-.-d to b<' abouttwo mouths in the | 

VM, and said that it' any thiu>4- was agfreed i 

ifn *».ier, one >lr. \\ e>t. a counseUor>>liad . 

fnniiHS to M rite to him in the nanu; of lnc;-le- 

a«e, «a«l (tirc4'l his letter to be left at his bro- 

ikr'iin HrMol, who Wade ordereil that if any 

mdt kt>r c;iiiie, to open it, and if any thinj^ 

■Bexn« ia it, to s<:nd it hy a nu*ssen^T*to him 

■lb tLr vv»t. About the ITlli of Mandi came 

% Wtter t-r hilt from Wist, in the name of 
&«'•''■?*• Xh. H Inch his brother opoued. r.nd not 

fc-aiffi.: ::•; .^ iSi.' «.i;ic, brouuht it to me, but I 

iaew a •; : e* KiOinir.^ thereof. The eonlents 

•*»:•- ..-.-A \lr. \\ a<i«.' M> jrci lii^ clients to- 

gcd:*r ;•.►. I.. \i S-.itiird.iy eoui*? t'lrtniubt. for 

tan .•!<• ::. "• 'Jiy u^>{H)inted t-i kimI the wntiiii^-^, 
lad >iX!-.* r .: I.N iHu'eiMiudis,;; it, his broi'ii.'r 
mb} u »ii--'»'"*iiir»Taff<;rliin., whofoiiisd him 



sT&i 



«hi>>tojtistice, and such who had betrayed the 
liberty of the subject : and this 1 think was all 
the d'isroursc we had at that time, heinj^ the 
tirsi of my acquaintance with him : that nijfht I 
went with him to a tavern in I'leet-sirect, 
when? was eaptiiin Nort<in, Kichard tit»oJ- 
enough, and one Mr. Aylif, who, to my kiiow- 
ledfifc, I never saw befo'n? nor since; whilst I 
was with them there was no discourse of any 
business, hul 1 so<m kft them totrether. The 
next ilay Mv. Koe <d* J^ii^t.d, biH)Uuht me lo 
Mr. I'erljuson. at the- house ot one Mr. }V«urno 
a brewer, but was imladuulted to see him him- 
self. \'\ rtfuson then w^iit by the name of Ko- 
bert>, w h«i \« hen i had lohi my name a-.nl from 
\^ hence 1 <\nne, was preity free in ihs^'ourse 
with me, and told me the d««si',ni uent on very 
well, that there were souu* SeotUsh crentlenien 
ome up. who were tr:*atL«iu' with the ma- 
nuLfers, and did hojM* th< y wmdtl atrrec in a few 
days, aii'l come t<» a res.)lulion btilh as i.i ii;r.e 
am! metiiod, r)f vs iiish we should li.,velimeiv 



}»v all his «!i- 



iiurse at that time, I 
uuv ihintj of 



>''.\ |ji> wnsuer hy the nu'sseniij v ! 
VH, tit.: •*.- knetv n'.»l ti:e lueanint^of it, but j 
dbasiil !•« •%::iiiiit* !i iiiih-s (»f lirisfol the nevt 
Itoinjay . •!»- ir.n*^ thit d' aiiy other Ivtter came, notice, ;>u'. 

toira>l It t" !-.Mi. .\h')'.it three dnyvatb'r came could n-fl W'i«.ei\e thai lie knew 
MHiKr h ir« - ;,'♦ ;»b'»ve, dcsirin*: him not to i the Ni;.Mi!i;;kei iieNJi^n. 
Cll bib I \i' ii- to^fther, for the time of s<'i!lin«4' j That day I l.u.i some discourse w ilk eohmel 
Vli put •'•:. v>li'.eli letter was also sent to Kim. ' Uiimsry ai hi-i hou-je, wlio I {"(I'lik! e is privy 
Im b^ •..••i* r»*!<»od it not, siiyu)ir, it ivas some; to the NewiLurkt t bu«ine'?», it-od his opimim 
■ib (mi* :i« s«t f.r (•ther, ami scv eut back a^ain. was, that the .\( w uta'.ket d^ «i>^n wo-.dd enuo. 
Tb«*rit'ih iif April I canh» to London, and ■ to nothuiir. for hv uu: !.'»t approve oi tin- uia- 
ftlft f rcr.ioi; ••%<•. ii ro 3lr. West's chauiher in . nasfuiN a( tiiM^»;, aui' i.iid there \vu"» noiluMi.'- like 
At Tt-rii !•!•:, vtL-:r«. I fou:w^ him, who then" the other di'sit:ii. t >:• i'k'.i \»«iani I'tit "u ind to 
#i»< k:i«j.» 'If, but when I tidd him my' all in a little tm:«'. in.n 1 1.» tl hiiu, ih.it nern- in 
flMr, Irv ij %. lenci* 1 cam.', anti mentioned ' our parts would In; lor it ; »\ii;''.i t iliiok uaj 
Attvtf ie-iterii "^Ir. U ade received from him, . all the discoui-se we then luid ; <'il\ he pro- 
bbqr*B to l/e Norntwhat free in discmirse with mised, that if any thioi; v.ie* :i';ieed lielore .^Ir. 
1 thTi tu!d him that Mr. Wade and his Wade came up I slufld lieu: t>l it. so 1 itiuk 
wtrc ^ulplis^•d at the letters, not know- I Uave and went f.»r lin^. 1 il;v !:cxi mor:mii;. 
Ifwbat b** lie ant by them, and did desire to , .Abouttendaysatu r. luani:^ ui.ihin*; l»om tlii-m 
■HVyCoocerfiiiis^ which be seemetl a little shy, ' (Terpisou liavi!::*- tuM luc tiiai he thooi;:hi u!* 
little d»>course, tie^an to tell me, say- I would 1h? ai'r*-» »l ;u tour oi tive days, and pio- 
iiaft a deuji^n to takeotl'tbekino^ aud | niibvd to uUvivc) I v.ivta u Mr West, dei>>i.;.i; 



iS. 



SS] STATE TRIALS, 36 Charles II. \6%^—Prceuiingi€gnttd /. HpUaway, 
to know how they went on, who wrote mc, i supplied with, wouhl be ready in three or 



that they still met with delays, and were come 
to no coaclusioD; aik-r that, I heanl no more 
until May Al>otii ihe be^iiming of May I 
caioe up to London a^in, in oompaiiy with Mr 
Waiie and some otbt r Bri&tot men but when 
we caiDL' upt my biisiarts being' m the city, and 
iheirK about tlie Teji>]»ie, we parted; after two 
or three days, I met with Mr. Wade, and asked 
how he found Ihinjp^ who lold me^ he^ douhted 



days, being tenihons^od pounds, wh'tch w 
be. returned to Holland to boy anm, &€ 
Scotland. He &fW told us that the 8c 
gcuLlemen iiad made atioiher proposal tc 
manag^erg, tlius, if they would Ktipply tbop 
thirty thousand poTindSj ibey would he^ 
Scotbnd tirsl^ which they could sewn baTC 
then would inTade England, desiring the 
nagert only to get a party in the Norl 



all would }»rove albatn, for he thou^it there | Koi^bod, rea*Jyto*)ijpose any force from coi 



was iif>tliin^ intended, findiag^ ooihiug^ mate- 
rially dune in order to m bat ba«l been to ionfif 
discourbed. Tlieu we wtiit to Mjs. West^ and 
discouiMfd htm fully about ttie contents of his 
Jotterti, who itild us,*tliey were resolveil to kill 
the k'm^ and duke as they came from New- 
market^ in onler to which, he had prt^vided | found nothing but delays, the manager! 
arms for fifty men pistob, carbiDc^i and Wun- , agreeing how to raise 'the money » and 
dcHniise-f> ami that they ^vere promised the | if the money had lieen ready, they 

house of one Uundmld a maJtsler, which lay 
:., *i I I *!.. I ■ ^ _- I __ i.r. 



out of Em^tuTd agaiust then), before they 
settled SootJand but this was not apprmrc 
the managers chiding rather to supply 1 
with iOjyOOi Old to begin it in Eni^lam 
same time. Then we dallT expect^ to 
when the money would be jiaid, l>ut 



in the road, and the king must come by his 
fiuor, there the men shotdd have been lodged. 
'I'hen we asked who was to hate acted it, to 
which he could givi; hut a lender answer and 
rotddor would name hut two men, who were 
KaiiibQld and bi-s l>rother, saying, if they could 
hare raiserl uiK or eight hunihed pounds to hare 
houglil iiorses, and souk thing to encourage 
mejt, they shoiikl hiive had men enough ; an 
that we ibund ihcy had few men, if more than 
two, tmd no homes, only a pari^el of anus; 
which afterwiiriti^ hu shewrJ us al a gun- 
smith's hiuihc, i.' ii liitlc la.u* ucar'IVmplc-har. 
Thrn we askwl him what iliey tlesigncd if it 
hiid lakm iffect, to which he answereil, that 
the men t^honld have come up vvih all sjif-ed iq 
LcMuhii auddiapprfii>d lUnn'**'! es uitneiHalely 
fU-cIariii-- for tiie duke of IMi uuiouth and ilii 
th.e king uiitl duke l)cing ilead, no opposition 
• ouhl iHMuailo; then we asked who wi-n« for 
Ibis deiugn, he named col. Unnisey and 
Ilidiard Uixtdcnoiigb, and, as far n» I ean re 



come to no conclusion, as lo any metltod r 
than thev were nine inontb« before^ hi 
done nothmg hut talked to ensnare people 
IM>ning about in all parts, how the liberti 
the {J0op}e were daily more and moiemti 
ed, and that arbitrary government md po 
was coming in a|Mice, which incensed pi 
very much, and made such a grumbling i 
parts th^x v^ f I'tunA longer delays would I. 
the common people in many parts mutin 
lieiiig as we thouirht bo generally kiiown 
\yi «oiiiethlngwfts suddenly done, it wai 
Iior.sil»lr it should re mam imdbcotered,«) 
I next time we met with Ilums-*y and F^ 
(thijit^^h never together) we declared om 
fiaiifdaction by reason of such long delays, 
spoke it so that it might come to the nianf 
^ai-s^ as we suppose it did. being to this e: 
TLiat we thou^jfbtMiey had only adesij^^n u 
Xrr.y people, draining many t thousands ii 
snsire, for their actions skewed iltle others 
being so long discoursing a thing of that n\ 
and done so little towaixls it: few days 



joember. no uiore ; .so we iimnd it was CLuried ! meeting with Ituuibey *i'^^^ he told us 



00 by ilieju coutrnry to hu ktiowltHlge^ or ap 
prolNition of those u ho mrinagud the general 
di'.si,fii: ihcn vi e Itdurpd our t,'reat dislike of 
it, u.-lli»g hint, it was a hiM-, dishonourable and 
iMwsu'dlly aftion, and W(»ul«l Hcein odiouH to all 
the woriil that any prt?teudinglhemstjl g* I'ro- 
testanls, shim Id be ooncerned in such a blooily 
action, and that we thought it was his cowardice 
put him upon it, to which he siiid, that he 
could not liglu^ hut would bs m forward with 
his nutncy as any <»ne of hia capacity Then 
we went to col.' UniiiKevT ^^ho we found to 
he wholly onV^^t'K njin-Htfi, siiying, that ex- 
cept something be done that way, I know no< 



wore of different opiuioD* concemmg a 
ihod, »nne for liesrinning tlie iusorrection 
in Lfinihin and Scotland, some tor it 
places at once as al first proposed other 
several places in Koglaod and Scotland, 
not in liOndon, saying that if it was not ht 
in Lon<lon, but in other places, tlicre wou 
forces raised in Loudon to send out ajg- 
them, which would take out most oi 
sti-ength, and that then London might be e 
secured ; somcumea they were for b«*ginni 
OL ly *u London andHcotlaod, and to have \m 
come up tti London from all parts of Eng 
to which we answered lit at wu tbouk^ht no 
\teuer than ivhat was tii-sl pro|Hised, {t iai. 



thnig u ill be done at all, for he knew the other 

managers u(»nld i!o nothinor; so we had little beginning of it ui many places at oiicis • 
discourse at that time. After thi wei^enito j fore mentioned, for ultliotigh we bad eng 
FfTgnson, who to.d us how thi agf; stood ^ we | none in or alMUit IhisUd, nor should not 
then found that he knew of both designs, but ! deal 'Uir it till alt things were concluded, 

wos only for tlie ins iirrectkifi uod told us, that "*' *' ' ■""'* 

tlie inaH:igers had been treating with some 
Scotch gentlemen; that they were almost 
«jf reed, uid tliat the money they were to be 



%vith tlu! assistance we were 
I'annton, did not doubt but to get men i 
to secure it, and that we kne^v not where t 
ten nieu that would come tor LoodoU} and 



B) STAIE TRIAIA 9£ Ch ables II. l684.-/0r High Treason. 



[26 



(iftf to neote tbdr own oountry who 
mMmht inUiig to ksve all and come for 
Whl Bnwf SieB wd if he knew where 
Ik beM of 1,000 men he would begin 



iflilliK 

li|Mlly,iid Mred that we might meet 
' 'ihtwidiiome others and consider 
m the next afternoon we met at 
tfefrtone near Tem^-Bar, and 
litlaTemnear, I think called the 
Yflng Devil Tavern, where met eigfat 
Wttn.) oelooel Rumaey, Robert West, 
Imm, Mfit Wakoty Richard Good- 
' AmeiiGeodenon^, Nathaniel Wade 
ri( tUi was the first time I knew 
Whn we were all sat, colonel Rum- 
•iitbii flfiect,as near as I can re- 
the wae woids ; Gentlemen, if we 
I ifcni thousand men iu and about 
BbAoeiia uenon of honour will ap- 
IjbheU <tf them and begin the busi- 
~^'efc we supposed to be the duke of 
I, ivl do not well remember whether 
I Ui name or not. Which pro- 
1 Mr. Waile and I, that he 
I the raising of 3,000 men ; 
lokes it was first mentioned to us we 
tfktji hsd been sure of many thousands 
' ^HSB hour's warning. Then it was 
ilsw 8,000 men might be raised, and 
""^ do something to the purpose: 
wA what methofl we had con- 
li|i»fir the management of aflhirs iu 
~^' I as foUoweth, and they could 
s mnr way, so it was concluded 
IMd the suburbs should be divided 
,-^-^^ JjtB, and one man ma^le choice of 
jijldsm sn, who should chuse out ten in 
pMia that he could trust, and each of 
■HiillM out fifteen, whicli woukl moke 
division, so that twenty diviKiuns 
e 3,220, in order to which a map 
I to be bought tlie noxt day, and 
I drswn out u a particular [>aper, 
^ every street and lane iif note in it, 
larth. East, Souili and \\'< st bounds 
kH^and to be brought the next niCfUin<jf 
^Mhne nights afier ; ai tlic (irsi m»v-tin<^ 
iii^cei uiat noue should know of iUin 
jp^t ii. <oi'tbe chief managerK) till all the 
MPi secured, and that these nevcn, 1 be- 
^^to stay long in liondon, sliouM nieit 
'"^^ I «r mree nights till all was coniidet- 
" I meeting Runisey and Weat would 
I aaying, there was iwithing like the 
' Bcss, meanintf the taking offtlie 
e* and that it mi<;ht tie e<isily done, 
A to or from the lM;iy-lioiu«i', but f 
any as^rae with liini iu it. No\t 
ivas bought, and liroui^lit to U>jiL\ 
the Tt'uiple, w lioru sfjuit^ met to 
and draw mit the diviHious against the 
Hag. The nr;xt place *. wc met at, I 
i dw C^tk-ta« em in Fle<'t'Stri*et, 
inof the dtviftkoiis wcru brf>iight, all 
^jIlM, and then it was cousidereil 
~ 1 ha ^tributed, being we were 





most strangers, and agreed that Richard Good<^ 
enough, who had been under-sheriff, and so 
had a general acquaintance, should do it, who 
was willing to undertake it, the rest of the divi- 
sions to be ready against the next nieeting,which 
was two or three nights after, at the Green- 
dragon tavern upon Snow-hill, where when Mr, 
Gnodenongh came he told us, That he had 
disposed ok' some of them, and did hope it 
would take effect, and that in a wedc or ten 
days lie should have fixed the twenty men ; the 
conskleration how things should be managed, 
was deferred till thev were sure of the men, 
only some mentioned their opinions how the 
Tower, Whitehall, and other places might be 
best surprised. The Tower was thought raijo^t 
be best gained in the day time, Whitehall and 
other places in the night, with many such 
things "in way of discourse: Rurasey was still 
upon tlie old strain of killing the king and the 
duke, saying, at tbis the last meeting I wan 
at, going for Bristol next morning, that it might 
be done in Windsor-park, and that he would 
undertake it, but not excejit every one there 
present would go with him, to which not one 
consented ; I replying that I was for no such 
tiling, but seeing the other busmess had gone 
so far, and was knowu to so many, if they 
could bring it to bear iu London and other 
places, I rashly said, rather than tail of Bris- 
tol we will undertake it at noon day with an 
hundred men ; to which Rumsey said I was a 
hold fellow ; they then pnimised, when they 
were sure of the men, to advise and take care 
for some arms for us at Bristol, and that we 
should have some great person come down to 
head us ; but 1 heanl no more till the news of 
the discovery came in public letters; I re- 
member one time when Wade ami I wus with 
Ferguson, lie told us that the duke of jMon- 
mouth was brought to a low comiition, all his 
iilaces beini^ taken from him, nnd liis tenants 
HI Hcotlaiid (lieing so sc-\erc-Iy doult with upon 
account of their n.'liQ;iou) wiis not ahle to pay 
rent, so that his esuue tiiei'e, which was ac- 
counted worth 10 or 12,000/. per ami. did not 
yield him the hist year 2,m»/. that he was uot 
well pleased with tlie maua'^ciiient of affairs, and 
desired Mr. Wade toap|H)int a place where he 
would nUH*t the lord lit rr^inl, and sir Thoiiuis 
Armstrong, to diMX)urse them, to which Mr. 
Wade replied, he would mcut none of tliem, 
for such great men had betrayed the imtion al- 
rpady, and ensnared too many thousands to no 
pnrp«u»e. 

How it was to have been acted in BiistoL 

We concluded that the only way to securo 
Bristol would be by a surprize, 'whieli with 
lUiniit 3.iO men (150* of whieli wc depended on 
i'viMw I'aunton, the other 200 to be raised in 
and a}w>ut ihe city) might easily be done al>out 
four o*eluck in tlie morning, as soon as the 
watfdi were gone off, without the bloodshed of 
oiio man, thus, dividing the city into 14 parts, 
so making 13 posts brides the main guard, 
which slu)uld at first have been at the Tbul/y , 



f7] STATE TRIALS^ 36 Charles II. l6Sl^^Proceeding9 against J. Hoihi 
(which Is in Bristol as the Exchtnge here) we mercy, it having^ been our resolution n 



supposed 20 men mi^ht be sufficient for each 
post, and the remainder for the main guard, 
out of ^vhich might be spared lour or six files 
to be constantly marching about, and to assist 
where there might be occasion. The method 
we designed for the raising of 200 men in and 
about the city was thus, first to find out 30 men, 
two fur each post, and four for the main guard, 
who might be able each of them to procure six, 
and to command them, which would have 
made 14 for each post, and 28 for the main 
guard, to whom the Taunton men should be 
added, riz. six to each post and the remainder 
to the main guard, who should have come in 
the day before, some at every entrance of the 
city, and lodge themselves at inns and ale- 
houses as near the posts they were appointed 
for as they could : each man beinff to know 
hb post and commanders bctbrc they came, 
the Bristol men to lodge themselves and arms, 
with arms for the Taunton men, in an house as 
near as possible to their posts, and to send one 
out irom each post between three and fi)ur 
oVIock in the morning to observe the motion 
of the watch, and to advise as soon as they 
were gone off, that they might all immediately 
repair to their respective posts, calling the 
Taunton men, and as soon as they had tj^ained 
their ])osts, to send out a file of musketeers to 
fetch in such and such men in each of their 
divisions as they should have had an account 
of beibre, and convey them to the main guard, 
which in the 14 divisions would have been 
about sixty persons, rommission-ofiiccrs and 
others ; then to fetch in all the arms and am- 
munition tliey could find, which two thingx 
bein{>- done (us we supfiosed might be in a little 
time, and without any opposition, the posts 
being so near each other, that it would nave 
been impossible fi>r .iny numlxT to get to- 
gether) we resolved next to declare the reasons 
for our taking up arms, and to encourage all 
to come in to us that we could trust, not 
doubting but we should soon luive had many 
thousands in the city, and out of the adjacent 
4M>unties, Gloucester, Somerset and Wilts. 

The Reasons why I did not come in, &c. 

When the news of the discovery first came 
to Bristol, and some tune before, I was in some 
trouble by my creditors, and forced to abscond, 
thongh tnought I had sufficient to pay them, 
only desired time to get in my effects, their 
mercy I feared more than your majesty's, and 
thought if I should come in and find mercy 
witli your majesty, I could at first expect no 
better than a prison, and if from it discharged 
by your majesty, to be kept in by them upon 
account of my debts. Secondly, hearing there 
was very many, in and about Bristol, sup- 
posed to'he concerned, and I, though knowing 
so much, being able to prove so little against 
any man, but such against whom there was 
sufficient proof without me, feared that if 1 
should come in more wouM be expected from 
me than I coukl prove, and wo might fiil of 



cover the design to any of our friend 
managers had agreed both upon time 
thod, therefore considered how to n 
escape, there being then a strict seat 
ports thought best to continue in £n] 
some time, till the heat might be ove 
got an ordinary habit and a little hoi 
Ws. price, and travelleil the country i 
dealing in wool, in Gloucestershire, 
shire, and Somersetshire, till about tL 
of August, then repaired towards Bri 
b^ letter, with my wife's assistance 
friends thereabout fearing to act for 
vailed with a poor man who had a sr 
about ten tons, for 20/. reward, and 
per month, for six months, to go wit 
France, and from thence to the Wej 
or where I would, my name being tl 
proclamation or declaration, if it had 
not have prevailed with the man to go 
So tlie 23rd of August sailed from Kin 
for Kocliell ; the 25th proving bad 
cracked our mast, and so put mto St. 
Cornwall, where we staid till tlie 4tl 
tcmber, then put out again for Ho< 
meeting with contrary winds was io 
several places in France, and gainer 
port till the 17th. In Rocliell, i In 
with brandy and other goods, and t 
October sailed from thence for the Wi 
(being willing to know how my con 
there, that my creditors might have tl 
though f knew I might ue much 
in France) and arrived at Barbadoes 
of November, there 1 heard of my no 
in the Gazette, therefore staid out ' 
landing part of my cargo, from theni 
to Antigua, where 1 landed and dispo: 
remain inq[ part, sta) ing there about 
but it being too soon for the croii, 
charge being the same, lying still 
farther, also thinking it not safe t« 
there, resolved to see the rest of the 
Islands, and so went down to Mounser 
St Christopher's, St. Kustatiaand Aug 
so back again to St. Christopher's, i 
that to lie the safest place, I being J 
none there, where I staid about tlirt 
About the 14th of January I wrot 
factor in Nevis about what was due to 
on receipt of my letter discovered m 
sir William Sta'plcton ])resently sent 
rant to St. Christopher's to apprelient 
liefore it came 1 was gone down to St. 
expecting to meet my vessc^l there, 
had sent up to Barbadoes, and it beii 
where 1 was gone, the deputy gover 
Christopher's sent five men with hi 
af\cr me, to %vhom on sight thereof 1 f 
though had an opportunity and mi 
escaped, but was rather willing to c: 
at his majesty's feet for mercy, than 
a life any longer, not daring to apuc 
there was need of me (among my tac 
I doubt will take too much advantai 
trouUea for my creditors' interest. J 



STATE TRIiOS. 36 Charlbs IL i6S4.^Trial rflVm. Sachevenll. [aO 



t a prisooer 13 days, where I promised 
un Hcapleloo tliat I would make what 
cqr I could, givint^ him tlie names of 
alio I had acquainted witli it in Bristol, 
I fttppuse he natli ^ven au account of, 
If him that it might be kept private, for 
Mimown they would hare aifvice of it ; 
Pti ikH kept so private as I expected, for 
|ht 1 came off I was told of it, therefore 
m they wens advised by a Bristol ship 
me aw ay before us, by which I wrote 
pofd, 1 suppiTse she might be at home 
An? us, we being nine weeks and five 
JUl that I can say against any of them, 
.miiiani Wade who is betbre-mentiuned, 
I aoquainted them with the business, as 
BiiB many thousands in Kngland were, 
I. fopputte they wooM have been con- 
. Hereumler is an account of many 
fenooA that I have hcaj-d was concerned 
to i gn lor an insurrection, which is all 
. am call to mind of any thing material 
IV I heard concerning the Phit. 

m he mentioned the names of se^'cml 



w if your n>:ijesty is graciously plrascil 
It me, ii wWl be a sutiiiient warning to 
Vcvtr nit'hiiiijg in tliiugsof that nature 
>$ wad I hfi(ie I shall ha\ e the opportunity 



of serving your nuyesty and my country in the 
promotion of that which brought me into this, 
and cost me many hundred {lounds, with soma 
years* pains to bring it to that perfection I did, 
viz. the hnnen manufacture, whiph many ho- 
nourable persons about your court have heard 
of, and I can make it appear that it nili employ 
near 80,000 poor peonle and 40,000 acres of 
land, and bring in and save your majesty near 
1200,000/ per ann. 

Another thing which I think I may sen* 
your miyesty in Tabroail) is this, when I left 
£ngland I knew tliere was many who were in 
trouble about their opinions would willingly 
hare left England if tliey knew where to go, 
that they might have liberty. There is a very 
fine island in the West-Indies, good land ami 
well watered, which, by such people, would ha 
soon settled and prove a great advantage to 
your majesty and successors, fur it would soon 
exceed any island, except Barbadoos and Ja- 
maica, it lies so nc!ir a bad neighbour, the 
Spaniard Porti-ico, that except a considerabla 
number go together, it will be dangerous living 
there ; but if no great alteration in affairs sinoa 
I left England ; with your majesty's luwe, 
enough might b<> prcvnifcd with to gu and set- 
tle it at once, ^^ liich will not only serve your 
majesty as JK'foro, but clear the nation of somo 
hundreds of disafllrtcd people. 



t The Trial of William Sachevehell, and Nineteen others, 
. al llie Kings-Bench, for a Riot coinmilted at Nottingham : 

.• SffCHAKLisII. A.V. U)84.* 



BlMendant^i having hv.Wno. pUadcd Not 

lta;iicre broui^lit to their Trial un tlio 'Jnd 

%. lt«4. 

VfC^icit. i 'all the defendants, IVilliam 

■nselL, e«q. and others. 

WL FtUerft n. We ap[K!ar . 

ItfCrtiu n. ' fiardez vjwtres challcniros.' 

Itar Humphry Miller. 

IPS—- 1 . 

f All was ncie of the numrmns l:iigi(»(is 

^ . which arrise mit of the attacks 

Ijbf rbaflers of Corporations throiiiriiont 



Which was done, ami the twelve being sworn 
to try the cause, lieing (reiitl(>incn of the county 
uf Rent, were tln-si» tollowing: Sir Humphry 
Miller, sir Henry Hosvile, \V illiani Lambert, 
Charles Wheeler, Uichard Marsh, Kdw. King, 
Humphrey Stiles, Walter Hooper, James Mas • 
tors, liicliard nritton, Kalpli Petty, mid Ed- 
ward Ualhin-st. 



and tunif.Ml to an avoueil practice of garbling 

Corpnraliofis, in order tc» c*arry elections to the 

parliament, aiul a Conni)iltu<; of Council was 

, to which attaiivs the cniwii was appointed tt» manage the Jtt^ulations as tliev 

werc calleil ; ai"d there was an itinerant creiv 
of the worst of men that \trought in the towns 
to he rc^ulaied under the direction of the com- 
mittee. These were termed Kiyulators, and 
accordin^r to their eharaclers and dt»iKnaiion-4, 
mayors, aldermen, recorders, connuoii e<iuiiei!» 
antf freonien, were mmliiied and esluIiliNlu.d."' 



by the nuctcss oi' the (luo War 

the City of London. (Sec the 

in that 'Case, \i»l. U, p. U^Ji)). 

I oli)v<t which originally excited 

:, «rutbe |M>wer of nominal ins; Jurors, 

iMof the right to appoint sheritls. (See 

moid Shaftesbury's Case, vol. 8, p. 785). 

^"ihave bi^en vtiry aoon percei\(f<l that 

ilioii of the whole magistracy of the 

I ami f4' a majority of the 1 louse of 

■i might be secured by the same 

Xorth (I^A- of Lord Keeper Guil- 



See, also, sir John Ueresby's IMemoirs tu 
which Mr. Hume (Note to p. '2tij, \ol. «i, of 
his History, eililion of lMu7) reCeis, when he 
admits that the transfer of the riuht uf electi'Uj 
from the people to nia^n>tr:ites named hy tiu 
crown, wjiS in reulitv ii«'iiiii»:;" ihiun-nt fn»m 
^p. 1U4, 8vu etiit. of \^U\i) tells the king's naniini; the inembrrs ^ uiid lie iio- 
'oillrada of Chart«rs ran lu excess, ' rice;; that the wauiv wct ol ;iuiltur.tv hud bc«a 



SI] STATE TRIMS, 36 Craubs H. iSSi^THf/^ ITm. SukeunU, 



CLofCr, Gentlemen of the Jmy, hearicen 
to the Reconl : 

* Sir Robert Sawyer, knt. his majesty's At- 
« tome^-Gencral, ma exhibited an InformatioD 
t in this court against Wm. Sacheverell, esq. 
c Georq^ Gregory, esq. Richard Mansfeild, 



employed in all tlie boroughs of Scotland. 
Yet has the Prince of Orange been blamed for 
not summoning to the Convention the members 
of king James's Farliament. 

In the Cases of the duo Warranto againrt 
the City of London, already referred to, and 
that of Pilldngton and others (toI. 9, p. 187), 
and in the Notes to those Cases, are mentioncNl 
many particulars of the distractions which pre- 
Tailed m the metronoln. (See, too, as to South- 
wark, the Case or Slingsby Bethel, vol. 8, p. 
747). 

The following Extracts from Narcissus Lnt* 
treira '' Brief Historical Relation," MS. in the 
library of All-Souls' collei^e, Oxford, throw 
farther light on the proceedings i^nst Cor- 
|)onitions in genctral, and tlie distractions of 
the city of London in particular : 

" Nov. 1683. Some days since, a person 
unknown, came to the house of Mr. John Du- 
bois, who stands in competition to be one of 
the sheriffs of London, and left there a packet 
for him, wherein were inclosed sereral treason- 
able and seditious libels; a while after, tlie 
same fellow came again and brought another 
packet, and then he was served and carried 
before the lord mayor, who, on proof, com- 
mitted him to the Counter ; about two or tlirce 
days atlcr, he was admitted to bail, himself in 
'20bL and his bail in 100/. each ; two or three 
days after, the sessions coming on, a bill >vas 
found against him, and he and his bail being 
called for, neither of them are since to be heara 
6f : this is looked upon by some as a hanpy de- 
liverance to Mr. Dubois, for undoubtedly had 
the pa))ers lieen lodged there, Mr. Dubois 
should quickly have been searched for the 
same, and it would have been construed to be 
a new desiirii a«^nst the government, for the 
|»apcrs contained matters of dangerous im- 
portance, some were libels against the king 
anil others, and thiro was, wa is said, a paficr 
of advice to Mr. Dubois, as sheriff, to ruiic ihc 
potte comiiatut to meet an uruiy t>j liat c conic 
out of, tScc. to op|KMe a aibitrafy jKiwcr. The 
Dissentert bate been prosecuted lately iiioi-e 
violently than ever; for now the cinii-clr- 
wardens of most parishes ha^ c prcscutint them 
to the ecclesiastical courts, whu have pro(H;< Jed 
against them even to excomnmnic.il ion, w Ihio- 
by several hundreds in London linvr i>pt:!i slmiI 
to the De\il; but this is made use uf only n^s 
an engine to serve a turn, which is, iSt. Th'inius^ 
day approaehing, \« hereon the conimou cunncil 
men tor the city of London are choscu ; this, 
as is said, is to incapacitate Dissenters to i ote 
for any one, whereby if the Tory -party can 
procure such a oonimon council as is tit for 



' esq. Henry Plomptree, esq. Cbarlei Hm 
' son, esq. John Greaves, gent Wm. Gf« 
' cent. Samud Richards, Rob. Green, Fi 
<Sahnon, Arthur Rkhards, Ralph Be 

< John Sherwm, William Wilson, dark 

< muel Smith, Thomas Tkigg, Rkhwd 8 

their turn, havins the mayor and mmM 
of the court of al&rmen for them abetdy, 
intend to surrender the Chatter of the e 
London. 

** Sir Geom Waterman, aldermaii c 
Bridge-ward, being some time sinee dem 
lord mavor gave out summons Ibr the c 
of an aMerman in his stead. The compi 
on one side were de|mty Danidl and snr 
Russel, OB the other Mr. Fapitkm and 
Shute ; but the majority bemg mathr fi 
twn last, the lord mayor was pleaaed^ ii 
midst thereof, to adjourn the polL 

" Mr. Pilkington, aklerman of the wa 
Farringdon, having laid down his g^own 
lord mayor was pleased to issue out his pi 
for a new election of an alderman of that i 
the com]fetitors were the lord mayor an 
W^^illiani Turner, on part of tlic aldenm 
one side, and sir John Lawrence and •■ 
bert Clayton, on the part of the aldenm 
the other side. In behalf of tlie comm 
on one side, were Mr. North and Mr. ] 
tlie two sheriffs ; on the other side, wen 
Dubois and Mr. Hawkins, a sciiveBer; 
choice bctngf doubtful, they came to a poll 
there was ki\ or eight commissioners appoi 
to inspect the same, w ho would admit no 
to poll tliat was excommunicated, or that i 
not take the oaths of allegiance and snprei 
which were tendered to them ; a thing i 
wondered at by some, as new and withoo 
precedent in such cashes ; how the choice 
fall is yet uncertain, though most thiid 
Tory partv will carry it, haxiiig by thv 
device cvcluded all the Uuakers^ who wi 
swear at all, and several of the most mod 
persons will not poll at all, as not iikuig 
impositions. 

'' The election for the alderman of the 
of Farringdon ^Vithout being over, and 
North, one of the sluTiffs of London, bein 
turned to the court ot'uldenucn, as duly ch 
and sworn aei'ttnlinglv, these ihiiiffs ar 
inarkablc in ihc in:ui:i<;fmiont of tnc a 
the fKiths or;<llr:rianL-r and supremacy im] 
on every \otcr; x\\\\ (<nmm*ssioneiv tlurt 
derud tlicnn ntitorionNly kinnvn to be vi 
persons for tho Tory party : then the m 
days adjouniniciit aii<l delaying of tlie 
antl kcepiro' the iioll-lKioks oi»on, wherd 
fir>t tlicTui'ie.i UimVui;; the Whigs had i 
tiie niuiorit}', tin y delayed the iniH to sec 
uukuuwn |M'i*sonK to balance tlic |miII, wh 
there wut*? sttcFal of the iiihahila.its of W 
iryeni, jiliMruits of (/liil'orJVs-inu, who i 
used to \ jte, and divers who li\ e not ii 
wanl, nor pay to rhun!h aii'J |Hior : the 1 
party finding' tilings thn-; nnnngrd, .sevei 
theui vmwX and |M;liii«ii>id the lord mayo 




n oHMMff. JoMb TurpiDt 

I, Ifjioipliivy BArkrr, aod 

that wUereastlkr *29ili dn)' 

tbe d4Ui y«ftr of the kini<, 

Jiflmatily m N<4t]iigHmiii« in th^ 

I mid lo^m^ duly fumnioiied and 

■Mt Mbre G«rr«8 Wild, then 

€ Hkm Ml l»wii, fm liie elt^ctin^r and 

uC m owTor of Ibat Unrii, foi- tlie 

tifOtm office of mayor of that tmra 

«r Ibiii wsxi folU»wiiif , according 

Bi ittd tCBor of tfertaw ieitcfB patent 



^poUi 



STATE T&ULS^ 36 Ckahles II. \6U,^end oiher$Jor a Rht. [S* 



*■ in that behalf before i^Tantad^ by uur s/jvere]|^ti' 
^ lord the kin§f that now is, ttato ihe mayor,- 

* aHernjen^ atid burjfesses of the t«wii of Not- 

* tiugliAjn, in the county of th^ said town \ aad 

* that in that Assembly'the said 0«rfat»» bein^ 
*• tlieo, ai aforesaldf mayor of the said town, 

* began to proceed to such eiectiun ; uod that- 

* then and there the said mayor innde, and 

* caused to be made, a pufoUc pniclamaTion for 

* the departure of all persons from that election' 

* that were imconcerned thereio, and for keep- 
' iug tbe hang's fieace ; and that nevertheless, 

** May« 1685. About this ttme^ persons 
were Tery busy in elections of uitfuibersi of the. 
House of CommoDS to serve in the eusuiog. 
l>arUament; ^reat tricbi and prarticea were 
used to bmuc in men wcU-affected to the king, 
and to keep out all those they call Whiu"^ or. 
Trimmers. At some places as Bfdfuni, &e* 
they eboae at night, giving uo noii«?e of it; in. 
other horouffhs, as Sl Alban's, tbev have now. 
regulated fit? elet-tors by new cltarters, ia' 
puitinir the election into a selected number,, 
wht-n It was before by prescri;<tion in the iu-. 
habitants at large. In counties, they ad" 
jourtied die poll fmm one place to another to 
weary the fieeholderSf retusiiig also to take 
the votes of excommunicated persons, and- 
oilier disaenters ; noblemeo busying theniselrea 
H'ith elections, getting the writs and precepts 
into ttietr hands, and managing them as they* 
pleased; King commanding some to stand} and 
ibrbidding oiliers, polLItig many of his servants 
at Westminster to carry an cmtion ; foul re- 
turns made in many places, and where gen- 
tlemen stooil that they called Whigs, they. 
offered tbem all the trick and affronts ima • > 
ginable. 

** June, 1687. The Lord Chancellor dined 
lately in tlie cit}', and waa pleased to discharge 
three aldermen on their own desire, sir Thomas 
Griffith, Kir Bt^^njamin Newlaud, and Mr. Peter 
Pallavicin, and he told them his majesty liad 
given the city the privilege to choose their 
sheriffs as formerly, and that the lord mayor 
might drink to one as £$hmif, free or untrce 
of the city, ai^ that he should either dneoc. 
hold. 

** June 17- The lofd mayor and aldermen. 
hare lieen at Wintkor to thank, his msjetity for 
his grace and favour to tbem, in permitting 
them to choose their sherifls. 

*♦ July 12* The city of London hare're- 
ccived lately above 8,5Q0^. for fines for sheriffs 
and aldermen." 

Bprat (In bis Second Letter of Excose to the 
Earl of Dorset edit 1711, Bra pp. 16, 17, at 
cited in the Bi(^rapbii, article Sprat) seys^ as 
1 uti'lei-stand him, for his languag*' ^ not so 
iiu equivocal as might be, ** that under king 
James a Quo Warranto **as actuallv issued 
Mtt a^ain**t the Ro^nl Church and Slchoot of 
tVeiitnunster/* St-e <ionie arcountvf ><ptiit in 
the introduction to the Trutls for tbe Hye- 
R<»tts# Plot, ToL 9^ p. 30S, of this Collection, 



ibr m scmtiiiy of the poU ; 
M limned llmpli h«tdhr sver koowti 
b^ ibese ^racskes >ir. North had the 

balK be«D pleased (o make an 
a;{mtDit mcTchautji' spiriting 
ttSTky yoting children, and dt- 
i«w to proceed fur the future in 
tf tbcy send beyond sea. 
for an sddflrman of Bridge* 
i^ room of sir Oeorge Waterman, 
isai last, afW several adjourn meiiLs, 
'luu r It was by most persons 
ee irould ikll on Papdlon or 
exflommunioations and call- 
who Itad nw rig^ht, the choice 
d^tjf ^ Daniel 1 1 by seven per- 
j^ otliera say« notwithstanding 
pro«^€3diag», the two first had 
2U if howefer, DanieJl is aider - 
dr tbat Wiu-d. 

Tbofiuts Huot^ a gmtleman 

titr writ a jpamplilet intitled, 

t Charter of the City of Lon 

; Ibit neitlter tlie charter of 

or of any other corpora - 

* by law, wiierein are sercral 

bis been censured as a libel, 

bath preferred an tnfor- 

Itbe persons mat surrendered the 

town of Nottingham, but Mr< 

1 would not at l&rst allow it 

SatS* TliaCorporatiotiofthectty of 
lAviogp scsite Lime Hince vurremlereil 
mr^ Ave, as n said, Utely petitioned 
ay i o Ittf • it igatn. 

10^4. The NcKluigbam Rioters 

of ILiog's-bench to reeeive 

Wm* ^chevertll was fined 

•. GrtfOT)^ 3(X) i Mr. Hutchln- 

iLtf ml according to the va- 

aiid thai alt of them fmd 

behaviour ft»r a twelve* 

Tba mayor, sldemien and 

oflhedt; of l>urlMim, bsvt- 

r 0)«rlrr into the bands oi f he 

who has menrcd to htm- 

ia tbat 8ee, the power 

aflniiing the maTor. re- 

oonunoa osmuai m the 



S5] STATE TRIALS, 36 Chahlks II. 1684.— TnVi/ of IVm. Sachevereli, 



* tlipy iW said Wniiam Rache^'crell. and xht I 

* real oi the dWundant*, hfini; persons well 

* kinwiuf: the premiios, and imtcncerned in 

* that election, but being ill-disposed persons, ! 

* and to disqniet, moleAt, and trouble the peace 

* of our lord the kinjf that now is, antl the 
•common tranquillity' oF that town, end the 

* aforesaid election wfiolly to hinder, (!id during 

* the UiDe of the said Assembly, and after puh- 

* Ho prorlamatiou niaile as atoif said, viz. the 
' said 39lh day of September, in the n foresaid 
' 34U1 year of" this king^, at the aforesaid town 

* of Noi'ingliam, in tlieoouny of the said town, 
' with force and aims, &f\ riotously, routously, 
'unlawfully, and stdiiior.sly, toj^cthor with 

* noany other ill- disputed ]>cvsons, and dis- 

* turbei-s of the peace of our saitl lord the kinjf, 

* to the nunnbifr of 500 persons, to the said 

* attorney -^enf-r a I as yet unknown, assemble, 

* congrcg'iiie, and unite themselves tn^jether, 

* and tljemsdves to(>pether continued, to disturb 

* the peace of our lord the king that now Is ; 

* and that then and thuv the said William 
' Sachrveroll, and the other defendants, the 

* aforesaid unlawful and ill disposed persons so 

* assembUd, conjjreg^atefl and united then and 
'there, with force a!;d arms, Sec. liotously, 

* routously, unlawfully, tuinulluouslv, and se- 

* ditiously* by t he ^nnce of 7 hours, to disturb the 

* peace of our said lord the kin;^, and lo continue 

* tlie said riot, did excite, move, persuade, and 

* |)rocure, and then and there, oy the whole 

* time aforesaid, made, and caused, and excited 

* to be made, great rumoui^;, clamours, terrible 

* shouts, and unusual noises ; and then and 

* there, with force and arms, iScc. riotously, 

* routmisly, unla\\ fully, and s>edi(ious]y oue 

* mace, btuiji the cnsiu^n ofoflice to thesherifls ; 

* of the cduiily aforesaid beloii;»inij, froiu one " 

* John ]\I.din.'lhe said Juliu Mulin beinq* ihcu ■ 

* one of the slienris of the town and louiity of j 

* the t!>-.vn or\oUiii!,'lKun, at^iiinst the wili uf | 

* the alljn s!ii-l John Malin, took, hud, canie^l . 
' awav, ami (ii.-liiiiie.K to the inci'iii<; of ijn::it 

* dan(r«.T, and niOviiiL<f of tntuiilts, anti cHusiun 
'of much blond, to tlio jrn-ai Ifrror, discpm't, 

* and fear of all the Ywi^v sidi-ti is ifoursaiil 

* lonl the kin'^-. to the »;vil i.'xaiiipk>i'f all oiher^ i 

* ill like case oHfiidiiii;, and ii^aitisi itif \nacv 
' of our sail! lord the kini;, liml uow is, Li:^ 

' crown and dijrnity.* To this IiiJonoalion all | 
the DefviifLmis lint Kicl.ard M.in.^uild aii«l ; 
IKiiry I'iuiiipnv, have pl.'.ulcd Not (iuilty, 
and i'ur lv\[\\ pul lih-mselves on the roiir<:/v. 
lint tin* ililind.'i.Us huvv ulu-^jed llKit t'v.v in- . 
hii!):iants of tiic ni^vii :ind ntuntv of ihi- U \m\ '■ 
of Notti(i>'haiii ou^ hi not to lie drauii «>(ii of J 
the s.iid count V, smd thai the e«uuit\ of K( i:i j 
is ilii.- uc-xt C'Muiiv tir lb: '.-ouu.y 'd' tiiL- t«r.ui of ; 
^i(»ltin;^li:llll, and thrretuiv h.iu* pray.il tlia: :i j 
jury ol ill;- county of Kmh^ u\h^\i\ trvt'se i-.-ne; I 
to whiili ih«- kiu'^'s iUi'»iiivv has iiw;r(«*d ; :i:ji| 
you Imjujt fri'i holiter.% of liil- rouniy cl' Kiiit, j 
and reiurn* il, ami sworn l«) tr^ ihisi au.^t.*. ;,-^»ur ' 
cliurif^ is ».» i-.>(piire «hit!ior llu* dtfenUunis, ' 
or any of tin in, are (juiltv of llu" ufleme in 
this iti formation, or ^lot Guiltv, uud if you iitnl 



them, or any of them ijuilty, you are 
so ; and if you find them, or any of thei 
ffuihy, you are to say s«> ; atid hear yoii 
dcnce. 

Then ProclamatiuTi was made for evi 
in the usual uKuinir. 

Mr. HolloiL'ct/, !May it please your 
ship, aiiil you fienllemen of the Jury, 1 
an Infoniifltion pr«.f?rrwl by Mr. Attorne 
neral. ccfftiust \Vil!i:iin %Sacheverell and g 
for a m«ist jiotoriou? riot : and it sets forti 
up'in the 23.h of September, in the 34il 
of this king, at the town oi' Nottiogfham, 
was ai! assembly duly summoned beliire C 
Wild, then mu\or of the said town, fi 
election and swearing <jf a new mayor < 
said town for the year ensuing- : that the 1 
bccran to proceed 10 election, and made p 
mation for all person > to de[)art that we 
concerned in tne election, that the defet 
beinfi^ no way concerned in the electio 
being ill disposed persons, to disturb the 
ot th»t place, and set the town together I 
cars, did in a riotous manner assemble 
selves with many other ill- disposed perw 
the number of 500, and continued in th( 
for the space of seven hourb', with a grei 
of noise and tumult, and with force anc 
did riotously carry au*ay and detain a 
from one Jolin Malin, then one of the s! 
of the town, against his will, to the great 
of his majesty's subjects, and to the evil t 
pie ot all others in the like case offending 
against the king's ueaue. If we prove 
any of thrac defetiuauts who have pleadc 
Ciuilty, to be Guilty, you will find them 

Mv. Recorder (sir 'f iiomas Jenner). J 
please your Lordship, and you Gentlen 
the Jury', I am of counsel in this cause 1 
kinir: This i> an Inforuia'ion against a 
oi 21 persons for being in a notorious rio 
continuing in it for two days together. 
]deuse }ou, Mr. Saclieverell he is in the 
of them, and ho and seven more of the 
fe:iduiits, very eoiiiiiilerable persons, we 
at alt coiiceriicd either b\ any obi char 
bv the new charier in this election, but 
stiaiigei-s, and \ et they must needs coi 
purpose to inflame and set on the othc 
>ha[l iiuine iheiii th.it were not concer 
tin: election, William Sacheverell, Geoiv 
gorv, i'liarlis Hutchinson, William V 
cNiik, Jost-di Turpiii, Nathaniel Ch 
s iit;ut \'.Yi\ liarker, and Joseph Astlin. 
p. ooiis. ^L>!itlf-i!ien, had no manner of pv 
to be :\t thi^ phee upon the account of ai 
tion Tin; iiiartrr of it \ta.s thus : Michai 
div, 1<}V.*, ilie mayor that then was, I 
U'lid. \^as at hisov. 11 house, with some 
l-nthriM, ill order to go to church that 
i:ig. a-.'fonliug to the usual custom o 
place, aL tlw- tl.iy ofcb-ction ; but having 
lit;.: th« If \\..i :• charter coming dowi 
e\pi-4ird cviry moment, truly the othc 
Mr. Saclit Acrell, and the re»t that were 
for he was prttscut liiui«elf, were very 1 



STATE TRIALS, S6 Charles II. l684.— Mff othen.Jor a Riot. 



tS8 



D church very early, but I bciieTC not so 
Mit of x«ral t<» ifo to cliurcli, but more to 
lo a spce«ly electinn, it* possible, before 
*w charter come Jovi-n. The mayor at 
me time dcsirotl tUein to stay a tittle, but 
■ot prevail, and tbereupun they (((» to 
b,aiid while thpy were there, tlie new 
r comes, and then ihe mayor bavins^ ifot 
rv charier, i;«n!8 into the council- hull, 
tads Ibr the Inioks from the clerk, who 
heo io the church, and be came and 
b( them. When tiiey came to the 
il-baJI, the mayor was proceeding in 
!• have hiniselt' sworn u^mn this new 
r, and they having ^onte notice what 
mo^ aft the council- hull, were willin*^ to 
all the haste they c«mld out of the 
ht and came down to the council- hall: 
ihen they came there, the mayor tells 
hm buitioestf, that he hud a new charter, 
fm ^oing' to be Kworn according to the 
i cspreas comniission ; and SHcheverell 
(■p in the front of tbem, and sayt, We 
bic BO new charter ; we will have no 
■■vor as you would have ; but we will 
alSraaTes mayor, and that was the out- 
A Gcaaves ma vor, a Greaves mayor ; to 
inw, that all the mayor and sheriffs 
Laii couKi not pacify them. But thus 
■ids a tumult and an uproar, by the help 
pnM, Wilson, who 1 believe will give 
■MHby and by, what he had to da there, 
|0V As VM concerned in the election of a 
tf» M fea^^h the mayor wan tbrccd to 
pfKgMd did ifo down out of the council- 
ribb iMstbe common-hall, where he got 
Vrifaswo; and by that time he had i>ot 
KJhi^ Ifcey came out of the council-ch^MU- 
■It ahe common -hall, and acquaint the 
■; that truly they had chosen Greaves 
m m the council -Vhamber, and required 
liflvcar him. Mr. Mayor said, they had 
in is do to choose a niayor, it was nu 
hi^ and thev would pruceeil to I'lec-tion 
limg to the charter, he having now taken 
tfh. This Tuisetl the tumuli highor, and 
Jktn were i^A togellier about 500 per* 
,m that at last some of the aldermen that 
M ibo ouiyor, were fain to wiihdi aw fur 
^■ischief, the tumult was so outrageous, 
laijinK out the new charter was noi worth 
pHBt others crying out, No new charter ! 
il erymg, A Greaves ! a (ireaves ! and 
^•y stood upfiu. Tiie mayor witiidrew 
paVB house, uithmuchaJo he got out 
pWi» and when he was got thither, there 
pJMsds to an ele«:iiou, and h bile lie wun 
IJ^M, truly they having gotten sine of the 
■away by ffirce, tlivy went to the crosN, 
MR they procluinie^l their mayor, with 
Mfcaoiaon and outcries, rejoicing lur the 
■r they had gott'^n, and the new 
■ they have defeated. While the} 
li^ the* mayor having chosen another 
riallie new charter, regularly caiiie 
ipiWliinird that mayor at the market 
>li wmak ID wch cases, and made pro- 



clamation that the rest sbonld depart ; Imt in- 
stead of that they witlistood him, and would 
not suffer the cryer to make proclamation, that 
any body could hear him; hut a great riul 
they committed iu an outrageous manner, i-e- 
sistmg authority, defying it, and despising it. 
After this, this woiihrnot satisfy them yet, bn; 
the ne2rt day, l>cing market-ady, they must 
proclaim their mayor again, which is a prac- 
tice never known upon any election ; hut at 
the open market them l)efore ail the people 
they proclaim him, with great rejoicing for 
the new mayor they had gotten, and wishing 
the people to stand by tiiem : and for their 
part&, if they had not right d(»nc them now, 
they did not cloubt but to meet with a parlia- 
ment that should do them right. In this great 
disorder was this town by this tumult, which 
was thus headed by persons of eminency, and 
popular (lersnns, who helping to carry on such 
a taction as this was, it was great odds there 
had not been real fighting, and battle in good 
earnest; but it did happen to be better ap- 
peased, and they went home, but ever since 
their whole business has been to uphold this 
power, and attend him up and doun constantly 
since as as their mayor, and opposing the au- 
thority of the mayor by the king's new charter. 
We will call our evidence, my lord, and they 
will every one of them s|»eak to the several de- 
fendants, and the several ;)arts of this famous 
riot ; and when we have done this, we hope 
you will be satisfieil, gentlemen, to find them 
guilty. 

Mr. North. Will your lordship please to 
spara me a word of the same side for the king ? 
My lord, this is a proceeding of an extraordi- 
nary nature, and if ui»t taken notice of, it will 
be thought there is no law in £uglaiid ; for it 
is a metho<l to have authorities qu<\stiMnefl, not 
in Wcstmiiister-haU by the ruli:s of law and 
justice, hut decided by noiric and rabide, and 
gfiing together by the ears. My lord, this 
surrender of the old charter, and liie sending 
down of a new one, whs not secrrt. but well 
known, and that occasioned the irreat cor.grc- 
gation of tliese geiitleuuMi that had nothing to 
do in the town, and no it was a [in-mcdiiateil 
design to give a disturbance in the place, in 
opposition anil alfn)nt to his maiesly's charter. 
My lord, 1 d«» suppovw th.-y v»'iy w«.-ll knew 
that matters of that nanu-e vere prop<-rly de- 
tiTmiuahle ill a i\ay of law; and it the iiia>or 
hail no authority by the new ehuilei' t«»* do 
what he ili I, they kuew \ery well how to (pies- 
tion him, and iIk-iii that jouird wiih liini. lor 
il : but they did not think that so ctfi'ctual fur 
their purpose ; thpy did not think til to take 
that coursf, hut ruilivi- chose to pnuM-eil in the 
methods of distiirbimcc, and that occ.i>iioi:ed all 
that Mr. Nerj(*ant has o|»eiicd. Tlic lirsi step 
they made, my lord, wasto :i|»jica.in tln'to\*n- 
hall, there to make an rU'riinii of their ov\n, 
and there to oiy up a mayor of their o\»n 
choosing, \^ithout the authont\ of thf pic^-iit 
mayor; which u as all n-rcirular from the be- 
giiuiiiig to the cud, W hctt tlicy had dune that, 



39] STAT£ trials; 36 OaAELBft II. i684.->TnVo/ Wm. SMcheverett, [40 



then this mayor must be proclaimed up aiul 
down IhetowQ upon market-da^a, when the 
country c&me in, with great noise and great 
rabble. We shall call those that were present, 




nor can be |faralleled by any thing, unless by 
tliat not lur i.tf .be common-hall, at London. 

Mr. Jones. M\ lord, if the persons that bad 
been concerned in election (for the town of 
Nottini(iiam coosists of particular ficraons that 
are to ooiiie aud act in this- matter of the elec 
tion of the ma^or) had licen the only persons 
that were met in this assembly, pos'ibly it 
might have had some sort of mitigaiioo aud 
excuse ; but. my lord, here are mere foreigiierfi, 
people that liaire nothing to do in the mattei 
nor in the corporation, bot gentlemen that 
come out of the country with an armed mnlti 
tode, and for them to come where they had 
nothing to do, and makt such a riot, in such 
an outrageous tomoltnons manner^ is the next 
act I know to the highest rebellwn. For they 
knew ?ery well what the matter was, by the 
ones of A Greaves! a Greaves! NoTopiady! 
no Toplady ! No new Charter! and you see 
who were the abettors. In truth, the insur- 
rection spread so far, that if the duke of New- 
castle, who is lord lieutenant of the county, 
had not cove with force, they had gone down- 
right to Mows, and been all in bkiod. And if 
wmdk proceedings be not pohlidy minished, 
the king's authority, and the peace or corpora- 
tiona can nerer be preaerred. We shall call 
our witnesses to prove it ; 8acheverell was the 
captain of them, and we shall begin with him. 
Mr. Puwii. My lord, we shall make it short, 
lor we shall shew without meddling with the 
old charter or the new charter, it was a riot. 

lUeofder. Swear Mr. WiM, Mr. Edge, and 
Mr.HaU. ^ 

Mr. Foilexfen. ITiere will be one thing ne- 
cesnry to be settled in this case, my lord, con- 
cerning the witnesses; they call Wild and 
other persons, they are members of the new 
corporation, and we object against them as be- 
ing witnesses in this case, and our objection, 
my lord, arises thus: It will appear in this 
case, that there is a controversy betwixt the old 
chartor and corporation, and this, that the in- 
formation is brought upon the new corporation, 
whether the old corporation be still in beinf , 
or was at this time in being; and whether this 
new chartrr be a good charier in law : the mat- 
ter depends both in this court and in cbanceiy ; 
a Scire Facias is tliere brooght against the new 
charter, sod a Qua Warranto here against the 
old. Now, uiy loni, it will so tall out, that if 
80 be the new charter, upon which this infor- 
mation is founilnl, be not good in law, we 
think it got a with the defendants. So now 
they call the nieoibevs that claim under the 
new corporation to be witnesses, and thereby 
they would have a privilege by their own testi- 
mony, to maintain their interest in the new 
charter, which wc thbk by law they oaghl 

BOttOOD. 



£. C. /. (sir George Jefferies). Look yoa, 
Mr. Pollcxfen, though it is not fit for ns to 
interrupt gentlemen when they are making 
harangues, yet we must tell you, we do not 
take notice much one way or otlier of the dif- 
ference lictweun the old charter and the new, 
for our business is to mind that which h be« .; 
fore us upon the information, and we must srt 
by all tilings that are not before us, and nil 
take notice of them one way or ot her. Do yew 
think we intend to try the new charter or tk« 
old charter upon an information for a riot? ^ff 
iu case there were a douot whether the old oM 
l>e gone or still in Iteing, take the pntper w^ 
fur the dfctermiuing thosie tbini^N. Vou shJl 
not think to be let in u|ion the biislneMi nt tt 
riot, to try ihe vsiidity of } our charter ; if yM 
have a Scire Facias to refieal the new clia.t8K • 
or if you have a Quo Warranto a^raiust the dm* 
charter, in God's name go on in a regular wn^;^ 
liut do ^ou tell mc Uiat supposing I he tM**^-. 
clkarter i» an ill charter, and the okt one a | 
f »nt>, thai right or wrong is to be tried by i 
and noise P No, the busroess we are to tiyl 
wlietber here were a riot committed by t' 
defendants against the public peace or uo. 

Mr, Hoit. My lord, we are upon the i 
of exoeptkiQ to the witnesses; and they op«i' 
it theoudves that there u such a < 
in the town. 

L. C. J. We will not try that 
here at this time. 

Mr. Ho!t. My lord, the in 
cial, it is grounded upon the new ebaitir, and 
sets forth that this Wild being mayor by vlrlM 
of this new chartei^^^ -."V 

L. C. J. He was mayor defaeto^ and I ml^ 
not know but he was so dejure. But sinipiii 
a man do take upon himself to be mayar, wmt 
it may be according tci the rules of nw lit W 
not mayor, the way to know whether b» '%|' 
mayor or no by law, m to take the bmI' 
and proceedings that the law has appoin 
but not bv tumults and rioto, we n 
none of tnoee things to decide oonti 
there must be noUiing of plucking out '\ 
another's throats. 

Just. WUkint, Pray, Mr. Hoh, if the UlM 
sends down a charter to make a oorponMll 
shall all the people rise in a body ■cwml Mi 




No, satisfy youraelf for that; if the lung awM 
down his charter, the people shall not fly m itt 
face of them that bring it. It is not oobm W 
that yet, nor I hope never ahall. t 

L. C. J. No, no, for the matter of righti ipi 
are not upon this information lo detwrmUt 
whether the old charter lie in being, or thenilF 
one be in being ; but for that you mnst go aiil 



cording to the rules of law, and take yoni 
gular course ; and I will tell you by the i 
It is not he that has the most company, tM| 

afi Vmm 



has always the greatest ri^it: we 



Et riylit: we all kae9 
very well, and I nave been m a place that Ml 
been hinted at the bar, aod there indeed he A^ 
had most noise, had always most right, as tkMi 
thought ; but we will have none of iImI 



thingi, goon fbr your right ioangolarin^ 





mc Mic0i». 



STATE TRIALS, SSCtiAtLEs II. leM.-^and othen.for a Rtot 



No New Chnrtrr! Theo spoke Btr. Sflche- 
?4<rcl)t Sir, says be, thi4 iM not oar tiitsinesi 
berc now, we coiuo here ftir the dt:'<*ti«m of « 
tnnypr by the old charter. Sir, saiil I, ( kao\v ' 
rtol Hiiy business v^Ju have here, nor a great 
many ^e^tU;men tfiat ore here ; ir iruuM better 
become you to be iu nriolher place. Kir, snyil 
ije, will V"^ prot:€e<i to eltrclioii or no i* Sir, ' 
sitys I, I have a great deni mvre to do beibre I 
can prncced to efcction ; 1 yims to l*c swora 
myself, and to swear Itair-A- dozen » before I 
could prficeed to election, in the room of tbo^e 
that weru turiUMl out, to make tbein capable of 
etecting-. And so they cTJed, No New Charter! 
No New Charter ! A Grearc?! mny*>r * A 
Greavea i]iay4irl Then they cried* M*\ Alder- 
noaii Edge,* take your book, ftud proceed ta 
election. Who ore you for, Mr* JVJuyor.* Mai J 
I, yoa cannot proceed to tiny election without 
my ton^itt, and I disclaim it ; and so, gentle- 
tiemen, farcTicll. My lord, that wait in tb« 
Council-boojte aext to the Guildhall. 

L C\ J, What day was that ? 

WUd ll was Frktay^&Iichaelmiis-day, 16821 

I. C. /. Well, ffo' on. 

Wild, So^ my lord, I adjourned the court 
into the Guildhall, which waa a rooru adjuiaing 
to that where this matter happened, and ue sat 
a while upon the bench, and made a JitLla 
speech to tlie burgesses of the town, and told ' 
Cbf m the king^ had panted a new charter, and 
if they pleased to t>c «ilent, they sljould bear if 
read. This was after I wag sworn ; for as soon 
a» I *^me there, tbey gave me my oatb^ cmd 
Rwore me mayor by the new charter. We 
commanded silence there aeveral times, but 
the burtreases were very tumultuous and it 
was occasioned, as I belie re, my lord, by the 
comiiij; in of two getitlemen, Mr. Gregfory and 
Mr. Hutch iosoOt who came to tsril me, the g«n» 
tlemen in the other room had elected Mr, 
Greafes mayor, and desired me to come and 
hear him sworn. Said I, they cannot elect 
without my consent, and I disclaim jt, I will 
bare nothing to do tn the btisiness. With that 
tl)e Inirgenea begmn to be lo extraordinary tn- 
multumit and outrAgeons, and keep such a 
noise and a stir, that we were airaid tbey would 
have uliickeil us off the beocb i insomuch, as 
one that wis by, my brother Parker, whis)tered 
me in the ear, says he, will you stay here to 
l>e knocked on the head ? I told bim, I hoped 
there was no danger ot tt^t. We commanded 
*tileijce a^n and aifaiu, fur the rcadmg of the 
new charter ; and there was an honest gentle- 
man in court, one Mr. Bawd, a barrister at 
law, that took it and read it very distinctly to 
the buixesseB and the Cf*m^>any, as far as they 
would gi?e him leare. I made proclumatton 
fbr sileDce, and keeping the [>eacL* divers times, 
and for all, that had no business there, to de- 
part ; but they were §0 outrageous, tliat alder- 
man Parker went away ; he was afraid of his 
life, as he told me. 1 staid 60rac little time 
ailer alderctiaii Parkt-r went away *, but tin ding 
tliare wis nothing to be done for the doik*, I 
a^jottroed the court to my aim btmie, and did 



4i*» mam i sre ibuA ktcp lo ^e bii^olness 

iMiHiieHoc. 

. ^Mtj^km, My brd, we ere in a place 

vtov Wir h0ftt such lldtigs will not be, 

9M:mA»emnf io lm%r right iwtled by taw. 

Mmmdzr £i««rar Mr. Wild. [Which wa^ 
ian^j IVay giire my lord and lUe jury an 
ivltfl bapfiMiid at Nottiiigbam upon 
'my« imt. TcU the whole mat- 

Tdd. My Ifwd, and \ ou gentfemen of the 
I was then mayor whrn thi<i business 
«li«ii tbc single new charter came 
mti «4 It cdun^ to my liandg, [ went 
tttCfaeie^i ' :1h kinif to be sworn 

} might be capalile 
Lueir ruoins that were 
' nme tiiere, I desired al- 
ftlBift l^rU.; .»^ lUppon 10 gn for alderman 
Hit, mhm m^m st tlie elMircb, that we mi^ht 
%ap«i« p^^nlaHs. he beinj town -clerk, who 
eSttc^erd lb i ; but in 

mm \a6m tiois ^... ..-;'.^ .-.,.ir, with a 
fpm ^Mft' fisJHiua With bim, as Mr. Sache- 
•>vi^ wk » f»««l many mkmm that had no 



FtmyBuoeitiiiaDyef them as 



_WM Mr. Haai«Ttren, Mr. Hutchinson, 
Mr. G«D, GrMMfy^ Mr* Green, 
db^ Tb»inas PMyiie. 
Paliu/t. He m not oiStied here. 
r4^. Urn QOt dittwft binv |iray Itt hjm 



We ^nhr teke notice he 
m ootibwii in the infor* 



CiMMCyottke^Miteiiled, what if 
M mm mm^ astiefii that •!« not there, what 

^ TlM9t««tviieyenl oUierm, but these 
flit Mooff la the town, nor had 
e g a^meiif ibisin were no bur- 
' llMt WW W iy jKJ had no 
Wf mm sees ta these gentlemen 
, I leas a little anjazed to set! 
I took the kingV new 
^tt« r«c df Ihe bMc, and alderman Rippon 
«« a b;^ m^ aide and I by the other. Gen- 
ial^ saM I^ bave ia the Icing's new charter, 
i^db W kaa hmm plsaaeil to srant to the town 
dlfllqgtem ; aod, said I, Mr. ^(erjea^t Big- 
W. wiftywo Ik plcaaed to cast your eye upon 
^ mimtimfy iImt raitlemeu whether it be a 
~^ Avttr, mad wim. are t!»e cnoteuts of it ? 
\ ngpi W, 49 warn ask my opinton &a recoi-der, 
aaaair Says I, 1 »«k your opiuion as 
'l^iea and h'- f ^-ll not ^ve you 
Ttianaai ' llerman Edge, 

; Q|«»ii U, '■>■ ^' ' ytjtn opinion, 
imje m r^smtk It as town-derk, Btr, 
I tamw what 1 was by the old 
lag t da oat knamt irbat I am by the 
l«il isynor datvaa to do. No, 
( w41 not; an. myWtl, Httd geivtle- 
I the jimrj. Ilia rwA 'of the jieonle that 
lteiaa», oM o«l. No New Charia * 



43] STATE TRIALS. 3ii Charles II, i684^7Hd/ qf JVnu 5tfc»fwre//, 



\ the rest of the basinets iLere, electing' and 

tweariiif^ the loajor and utber ttfBcers. My 

lord, piicscntly after I wbm come lo my ovi'o 

buusot ntmes Mr, Cbarles Hutciiiiifio», Mr. 

Geori^c tjje^ory, Mr. Samuel Ricbai-dt^^ aud 

Mr. VLiliur Hh cards j aud tlii^y catne vtry im- 

udeoily add naucdy to deiuiiud tb» mace. 

thvy sai i ih»*y were sent to demand ttie muce. 

^ 8&id If 1 tliii^k you Lave nothing; to do mth it. 

L.C J, Were they c<^Qcet'ited in the elec* 

[jki>\k liy tlie o\A cbafterf 

Wild* No, my lord, they were not by the 
ifiild Qor new, Dur noDe ai all* Siiid they, wili 
you (ilea^ie lo g-ive ub your answer, whether 
jfou will j^ive us tiie vosx:^ or dm ? Said 1, 1 re- 
crivad il from a very good authority i 1 re- 
Beit i:d it bv the king V authority , t^ud to the 
kuktr's vutKority 1 will g'lve u a^aia. Said 
[tilht'y, ]s I bat ull the answer you will give u»? 
ifej, said 1^ that xn my a««wer : so tl»ty went 
away. Atker we bad sworn all the men thai 
i{e in till;: new ebaiier, we went to the etec- 
n' of a new mayor, and we cho^ Mr, Toj>* 
int'r * w lien we bad chose bim^ we went 

I I Mum, iih the usual manner was, and 

|i,„,...i..,. d htm at the market-cro&s, the ^eck 
ay -cross, as we cull it ; and aa we were [iro- 
siaimi)!^ our new mayor, there cornea Bberwtn 

rid (jteiu, with a g;reat many more, abont 40 
beUevL% or thereabouts ; and a^ it gr«w to- 
Hrardf mtfht, they nbonteil and threw up ilieu* 
Ekat^, and we thouj^bt they would have run in 
l|ion ms^ and they cried om. No New C' barter ! 
!la New Charter ! A Greavea mayor! A Greavea 




Mr. }iortk. What became of the macef 

Wild. 1 kept iU 

X. C* J< ^V h»t t« this jLfentleman'ji name ? 

Mr* Ni>rtk. Mr, \V ild , he was mayor then. 
I'B&ve you no tQ« re to say, 8jr i* 

JuE^t. Withkui. Fray^ who wna at \\\a head 
fall this rabbled wtio v^as the chiei of them i* 

Wild. 1 beliefe if Mr. 8.icbeverell hud not 
\ ibei e, and those other gentlemen, we had 

J no ifiMurUaace. 

ill '-'i. Pmy, Sir, let me ask you, 

'l^ad I '--men their sword!> on f 

HW. \^^ 

Just. Wuhtns, Did ihey a.bet and couute- 
j ti4acie t))c tumult ? 

Wiidi, Y^es, they did abet it. 

Mr. ^forih. I>id any b^j^Jy jstrike or threaten ? 

Wild. There are iiome tn court can tell you 
I fometbuiff ot that, I know nothing of it 

L* C* X I would know of you bow many 
Larsons were oresent at this lime when this 
^tumult wa«. Pray name as many oftbem as 
you can. Vou hare named Hacbevereil, Gre- 
f^ory, and Hutehin«on for tlie tir^t part: you 
1 DAve named aliuuL the bu^ine^ of the muce^ 
S4jtiucl Uicbanlif aiid Arthur IliccanU. 

Wild, And Mr. Grtt-n and Mr. Sherwio 
vere there at the market- crosa. 

LCJ. Who else? 

Mr. t'o«t)ii, Waa Ml. John Greavea there? 

M'UJ Ye«. 

Mr. PoiLU* Was WiUiom Greaves there ? 



WiU, Ye«. 

Mr Fowis. Wttii Ralph Eennet there f_^ 

Wt/d. He waft there. 

Mr. Fotnii* Wa^ WilH.-im WiVfOol 

Wild. 1 oan 

Wild. Yet. 

L, C X Wm Thomaa rrig Ui«t* ? 

HUd. Yet. 

i.. C. X Was Richard Smitli there ? 

Wiid* Yes, he was* tliere tfjo. 

L.C.J, UajiJohn Hoe there P—H-W. Y«. 

I.. C. J, Was \\ lUiam l^nutii there t 

Wild, Ye«. 

L. C. J. Wa« Joseph Turpin itiete? 

Wild, He was in the hall r ip | 

hat, but I did not se^ him in th* < 

L, C, J. Did he abet the tuiuitii f 

Wiid, Ye&, be cried out. No New Ch 
No New Charter I A Greavi» may or 1 A Ur 
mayor ! 

X. C. J. Was Nathaniel Chmn»«U thcref' t 

Wild. Yes. 

L. C.X WasHii- ^ '- ' -therel 

WUd, I can «av ' 

L. C. J. Was Jt>- 
WUd. I can ia> 

L C. J. Then tU 
to; Wilham WiUon, Humphry Bark«r« tn 
Joseph A8thn. 

Mr. ]^ofth Pray, Sir, favour me tvith omft 
word ; 1 would ask you ttus qoeatioo : Was 
there any proclautation made by your order to 
have iliiise depart that had no bu^ness? 

Wild. My bra* I diil order il •«[ Ukd I 
think the nerjeant is in eourt ; I f«tit him i 
the other room, and did order him to i 
proclamatioQ i he will give you an AC4»uq1 of 
that. 

lietordfr, H«»w came it about they were gal 
to church before you cMine fioui v^ut ♦»;5ti 
house? Pray tell us what you 
fore they went to church. W* , i 

thi'iu Utwre (hat at your house U>ai uio 
auil what dtd you say to them !* 

Wild. Ma) it ple&i»e your lordshit), my lo 
and gynttenu'n of the jury, the nevr ch 
was not come till s*i i 
they hud been at my 
0*crrH'k, io Un' ■ 
and ihey wev' 
suailed them \" 
a new* charter 
my frit nds, ai. . 

the rest to iitay. 1 did persuade iheui Ih niiiy j 
great while, and went out fn»ii them, mff run 
to them ai^'ain. At taf^ news wa» bv 
that tlie new charter was within tlj< 
the town (lor we had a (»))y at the tup of 
bon&ea) and that hall a sc<»re were come \ 
it $ so I went to atdemiim \LtV^ 
DOW the new chftiter waji i 
bounds of the town. Wheti tut , 
say so, they cried, Away * Awsy ! I 
church ; aud thc-y *«id Mr. Sacheitj 
the street, and so they tbliowecl bim to chu 
Away they wtol frotn my boune . but a hH 



tkmtt^ ot them i 
to them to persu 



STATE TRIALS, 36 Charles II. \6M.^and others, Jhr a Riot. [46 

Juft. XVithens. Is it usual that the multitude 
should make the mayor go to church betbre he 
has a mind to it ? 

Mr. Lovcli. Did you make any summons 
at all for that inccMiug? 

Wild, I sent no summons. 

Mr. PvUexfen. It is all laid in your infor- 
matkm, that the assembly was summoned bv 
.vou. 

Wild, All that I ever sent for, as I know, 
was Mr. Scrj. Bij^rhmd. There were two or three 
^entliMiicn at my li»usv thiit uskrd nie to send 
for him, ho havinsjf b«'on Itix^Mirdcr bv the old 
charter. Said 1, if Mr. Serjraiil Hi^Iand has a 
mind to ctmie, he iiia\- come if he will ; so I 
sciit tor him ; b«i ihrre were none of those 
l^cntlemen that 1 named hcfurr, that I sent for. 

Mr. Poilerfhi. I think you sav that you went 
from tlie council- house, and allerwards went 
into the haJ!, and there you were snom, and 
then you did proceed to read the charter ; pray, 
were any of the defendants, or which of them, 
in the hall ? 

IViiiL Sir, I told you that Mr. Gregory and 
Mr. Hutchinson came into the hall, and Mr. 
rharnell, and Mr. Tuqiin were there in par- 
ticular. 

i\ I r. Pi tffcrjrn . \^ h.at did Mr. G regory and 
Mr. Ifutchinson do there? 

Wiiii. They eauie, Sir, to desire me to go 
into tile council- house, lor the o^entlemen hud 
chosen Greaves ma^ ur, and desired me to hear 
him sworn. 

Mr. Polfrxjen. Was Mr. Sachcverell, or any 
there, hut those that vou say came to tell you 
what they had done In the council-house P 

Mr. Hult. Who staid Ix^hind in the council- 
house.' 

II i/d. All In It those that came out w Iih me 

Mr. Jonts. Prav, to satisfy them, tell them 
how far the couiiril- house atid the hall stand at 
a distance : how far asunder iirr they? 

IVUd. But just over the diM>r threshold from 
one atiuther. 

Mr. Jrnrs. \re tlic\- contitruous to one ano- 
ther i»— »'////, Yes, Sir. 

■VIr. Jt'nis. Can they come into the conncil- 
huHse, but liiey must ^u throu<^h the h:il1? 

Wild. No, HO, the} n)ust come from the 
hall first, unM so j^o into the e^imcil-hou^e. 

Mr. I*ulit rf'nt. \n\i were siH^akiiipf of some 
of the eompanv that had swonfs by lli( ir sides. 

Wi/d. Yt*s, the irciitK'nieu had. 

Mr. Sltinliopt:. Did you r»bsfT\r Mr. Saclie- 



•T went, 1 said to them, Gentlemen, 
11 give but a little time, the charter 
ere in a quarter of an hour or less, 
pray be pleaaetl to stay and see it be- 
»»», for 1 tell you I must act by the 
«T, and not by the (dd. 
'iikenM. When you ordered them to 
claBiation of silence, how did they 

They were as tumultuous as ever 

MoKay. If you have any thing" more, 
rfull knowledjje of it. 
My lord, I did jieri'eiie a s^reat deal 
there wiis ; I knew not how it would 
I Jay t ^''* w-rrc afraid ot'lifing knock- 
bead, so I dispatched a messtMii^er on 
to inv loni duke of Newcastle, that 
ilease to eonic to us and assist us, for 
we were in a preat deal of dausjer. 
mme to us on Saturday uig^ht, and 
( till we i»erc pretty quiet ai^ain. 
T. W bat did they do on Saturday, 

lt«as the tlay of proclaiming the 
iWe other cross, the malt-ci-o.ss, it Le- 
the uiarki'i-day, when the country 
Be JO, that so they ma}' be satisfietl 
l^ofthc t(»wn. 

i». Did tliry proclaim their mayor 
MR/rf. Y«'-s. 
Ur* Ptay speak out, and tell how 

Pray, 3Ir. Mayor, by the 
r of your corpora'tum, is the 
I any other day than when he 



Tfl^ the no3it day at\er, tf) satisfy 
fejrvbo are mayor and slicrifl's of tlie 

L Were both the mayors proclaimed 

• Yes, after we had |)roclaime<i our 
pNMDtl} thci'<:r raine a <^n-at many 
•,aiMi prorluiiued their msiyor. 
/. Name theiM who they were ? 
My lord, 1 VI as not so near tht-iu, as 
Mieularly who they w«:-r«* ; hut thry 
pibeir bats, and luiide a i^^reat noise : 
» CBoni^b in court can tell i;t ho tla-^ 

nd7. Pray, Mr. Mayor, will you tell 
baM authority and ilirection this a.s- 

wMiiea:' ' 

litmfmm. Sir, he asked you a plain 
i^pmy aiisivt-r it; by whose direction 
&BnUvcallett? 

FSr, I do not know ; they had no 
|fa«Die. 

Ml. la it nut usual to mei't of c(Mirse, 
kMnaos, ou the day of election .'* 
vcr tint I knew of without sum- 

r new charter not ht-inj^ couu, I 

iay summons. 
Is it uot usual for the burf^csses 

tapSB the mayor to chund) 1* 

, wie that ftre summoned i hut 



vi.Tt'i] ;ind Mr. Grejfory had their svwjnls by 
their ."sides .^ " 

Wild. Yes, to the best of my knn\vh?dp^i' 
they had. 

^it. Stanhope, To the JM.'St of you' know- 
ledge ; do you swrar they had »u- iio !' 

litcftrdti. "^Voi.Id you have him .<;Mcar be- 
yond his knov.kd^e!' 

Mr. Stnn/iupr. lliid Mr. Plumptre a sword 
\^hr.u hi- cdiut' fn>in chiirrli to tht hall ? 

Wild. I sec liiN tiuM* ninoii^- the rest, but 
they \* err so many, I cannot sjieak particularly 
who had their swonls on, and who not ; 1 b<;- 
lievc they mit^ht have all their swords ou. 



power to d«D«iid it. If hm bed ftoy ijy^hil 
lfi«re WEM m ^roptr plaoe for htm to a|i|4^ t 
it wert dcttinM 6«wi iiiai* 

Mn StanJtopf. Mj lord, witli wb 
uodeteUnd no such f^«ai saucmeiB 19 it, 1 
make a demand of an entugn of olEce. 

L* C J, But I say it was iiaucy, and I ( 
yoii you bad be^u saucy if you bad done i 
far every man that meddles out of his |^ 
is saucy : you may carry that away wtUi 1 
amonf^ y^iir other obeerratioDS, Bw 
prickeared fellow, 1 \i ill warrant yottf ] 
to dispose of the government. Let Mr, i 
iuson and Mr. Greg^uy be as j 
wiU, tbey had better have studied to bavi 
quiet, and meddltd with their own 
And I win tell Mr. Gregory ' ad co:? 
^ accedos antoqutuu vocena^' is a rule» 
ought to be observed : but we are wouderfuJ 
ai'raid^ forsooth, to tell our minds : no« 1 1 
you it waa saucy, and if you bad gooe 
tliat errand, you had been vaiicy. 

Mr. Siauhope^ It may be 1 abouM Ha 
known better Uian to bate gone on such i 
errand. 

X, C. /. So you would have done well to i 
and yuu should know better tbao to aak 1 
insignilicaut impcilineut questions as you do. 
It WHS rety saucy, I tell you ; and if the beat 
man of your party bad gone, it had been aaucy. 
You sliall l.Liow our minds, if you nut us upoct 
it^ because )'0u arc so bl^ of it. W« i 



473 STATB TRIALS, 36 CajitLKS IT* 1 6$4.'-'Tnol ^ ffm. SbtlmmrM, 

L> C. J. Pray, Sir, what do yoa mcati by 
ibat question ? Plainptre i^ nnt Here bsibre ua, 

Mr. Stanhope. Ue is in the infonnation. 

X.C.J. Youbadaagoodask ifMr. IVar- 
trea was there. 

Mr. Stunhope. My lord, he said be was 
there, and bis name is in the inform atiao. 

L. C. J. Yoo had best ask ns, whether every 

mart in the town had bis sword mi. Let us 

[ keep tn the thing befofi: u^ and not aik such 

h impertinent idle qitemioosof people we bare 

noihtn{2r to do with. 

Mr, Stanhope, Is 3Ir. Sacbererell a bnrgeas 
of ill e town? 

Wild. Yes, he was a burffeas by the old 
charter ; but though he was a ourgeas, be was 
not one of the fle<Jtors. He had nothing to do 
tbere» nor Mr. Gregory, nor Mr, Plumptre. 

Mr, t'uticr. Who are the electors? 

WtU. The electors are the mayor, alder- 
tni'o, criioner«, and the rest of the '^uncil, by 
' both charters, and so he had nothing to do 
there* 

JuKt. W'lfAtfna. He ^fas not concerned in the 
corporation, but ouly a gentleman burgess. 

X. C. J. How long Iiave you been of the 
counett of that towni* 

Wild. 1 httie been there o great wliifc, a 
» dozen or 16 voare^' 

X. C,J. f lave you bf*en prcaent at the elec- 
tion ot mr e that tmiK ^ 

Wild, i r 

X. C J \V ' '"^ persons that used to 

conii^ 10 dect m re thut lime? 

Uiid. The uim riK^vor, the alcUrmcn, the 
council, the coronerv,' and (t^e aberifla, and 
those thai liav^ been shcriflk 

X. C. J. I>td the other bnrgessca nae to 
CiimeT—Wiid, No. 

X. C. J. D*d Mr, Sapbcverell and Mr. Gre- 
gory iiie to ap[ieajr lor the election of mayors 
Eefure that tiine? 

Wildn Mo, my lord, they had no bu^eas ' 
there. 

Rewrder. At this time they had, it seems. 

Wild, They made il)em<;erfes bunne^ 

Mr. North. Pray swear John Malio. [Wh'ch 
wusdone.] 

JSU. i^tuHfiope. Mr. Wild, praybepleaaedto 
tell the court how Mr. Htttchinson cxpresaed 
^ Ills saucioe^s lor you are pleased to say, he 
and Mr, Gregory ^amt' Kaucily to you f 

Wild. So he did, fciir, he came saucily to 
t demand the mace^ which he had notfiiog to do 
[ wjibal. 

L.CJ. IsMnHutcbinaonhere? 

HIt, Stanhojte. Yes, be i<: did he demand 
It hiniself, |n nyi or did he tell yon tlie other 
, &];ryor demanded it. 

Wild. He Lumc to demand it. 

Mr. Sinnhvpc, Did be tell you from whom 
he cam*' f 

Wild. He said be came from Mr. Qreavea. 

Mr. Stanhnpe: Then he did not demand it 
for hunaeUi' 

X C. J. And if Mr. GrcaTes had demanded 
iti be bad talked naucily ; lor it waa not in bis 



to 3 fine pass, that every little prickMiad&lloi^ 
must crtnie to demand maoes ihit are the 
badi>^es of autborityp and they miiat net b« lutd, 
forsooth, that they are saucy. 

Mr. North. Fray, Mr. Malin, will TOU gir* 
an account nhat ^ou know of this matter f 

Xn C* X We are trying people^s rights by 
club-ldw ; but by grace of God it abaJltiot be 
ao, so long as I sit here. 

Ma/in. I was tlieu KlveriflTat that tioie. 

X. CX What time? 

Matin. Tliti time of the riot, on Iktichsf?! 
day, 1 then being aherlif went out to 
the charter that was «»ming at that tin^, 
I went a <$ far as Leicester, ami came back 
it about elef en o*c)ock, on neju- as 1 can 
I came with the charter on the one aide 
that brought it» and another that is ,_. ,_^ 
with ua thatwc left tiebind, on the other sid( 
1 met these gttfitlemen that stand in thiai 
1 will name them if you please. 

X. C.X Dow, 

M utw Mr* Serb evetel I , Mr. Gregnnr< 
Hutehinson, Mr. John Greaves, Mr, ^"^ 
Greater, Hamuel llichiinls, Robert 
Fraacis baluion. Arthur liiccardfl» Rail 
net, John Hhernin, Samuel Smithj 
Trig, WiUiom 8mith, Joseph AsHln, and Ni 
thaniel Charnell ; I met thefie men. 

X. C. J Where did you meet these ti 

Matin. At the ^te called Uye-8ni4th 
They were a-eoming witli a great many m* 
and'l suppose they went before; for I wi 
forward to Mr. Mayor by the new cbivrter m 
ly the old charter too, and I piet hiiu, and ~ 



TAIS 9ItMLS,'36€HARi/£8 II. 1664.— tfmf others J^r a Riei.. (50 



larter to bun, and staid* there, and 
e gentlemen that were concernetl 

by the king's uew charter, and 
m theooe to the Guildhall, and 
fe ireDt into the council- bousp, 
i were in the council- house, Mr. 
r Mr. Bdse, as town-clerk. Tiiey 
len to churdi ; I was one that 
■8 eoncemed in the new charter, 
nan mud town -clerk. 1 went for 
o see the charter read, and that 
e them sit in order, in that man- 
BS thej had used to do before in 
Ttmdy to go to the election in the 
e wa V it used to be in, by the old 
hmre been concerned in elections 
y sijc or seven years ; but f never 
neineik in all that time appear 
* nsed to be noiu; but the uiayor, 

nnd the clothing. Tliere were 
gentleinen, as ever I saw, and I 
rearm standing, six I am sure, I 
, but only one gentleman once, 
gentleman that alderman Edge 
lee the formality, a gentleman 
rks* Office, as 1 remember. This 
■oquainted Mr. Alderman Edgt 
d, but lie did not come to us'; 

after we had sat there in the 



, ■««>« gentlemen came with a 
t know not how numv hundred 
pi when they saw the mayor 
mA the new charter, these gcu- 
!.|D Stir ; and when they came in, 
Hiee such a bustle of those that 
Ijio there: and the first thing 
' was spoke by Mr. SacheTerell, 
dMT, for 1 saw hitn there ; Wc 
dect a mayor by the old charter. 
^0r then to them, I know no biisi- 
i here gcnth'uien, any at' 3'ou ; 
i he made proclaniatioii, and told 
id nothing to do there, au'l he 
idung to ilo witii them. So then 
t for a poll, and did proceed on 
'party went, and one or two of 
K concerned in the new cliartcr, 
any of their party. There was 
Mr. Hardy, that gave a vote for 
d this was all. Hut they would 
; all ; but Mr; Mayor told them 
winess there, and ite had notliing 
b: and with that he took up the 
■t with some of the aldermen into 
^nd when they kuw him goint^ 
1^ to cry out, and he had iiuioh- 
itbey were so busy to kt-oji him 
4 as they laid their liai.ils uiM>n 
lap It, tlie serjt-aiit got uway w ith 
M with tlie mayor. 7'luu s.-iys 
■y. Stop the hooki'. ^tf'p i\w 
Jj^M several tlme^. \Vith that 
la^af the C'jroriiik. Mv. Wool- 
||jiBaneoftht-b(>oks} and whethir 
p:;Pnlliof or tugging, I cannot 
of the books were 



Mr. Powis. Then what was done as to the 
mace that belonged to you as sheriff? 

Malin. I was crouded out, and I could not 
lay hands on m v mace ; but the mace lay upon 
the board, and was left there among them't 
and I was cronded out^ and followed Mr. 
Mayor, for there was no quietness there, un- 
less you would stay to be knocked on the head. 

Mr. Poaris, What became of the mace ? 

Malin. I sent the serjcant for it, and ha 
told roe he demanded it, and they would not 
let him have it. 

L. C. J. But speak your own knowledge, 
not what anotlicr told you. 

Malin, I came in at^nvards there ; when 
he told me he had licen there, and laid his hand 
upon it, and they rescued it from him, and he 
could not hare it, I went in myself, and de- 
manded the mace of t!ie gentlemen, lliere 
was 31r. Salmon, Mr. Ilichanis, Mr. Artliur 
UiccaiHl:j ; there were four of them tliat told 
me they had as much right to the mace as 1 
had. Gentlemen, says I, that is stnuige, I am 
by your charter shcnd* still, there is no body 
elected in my room, and our usual way is to 
deliver our maces, you know, in another plaoei 
and not to rescue them away, and detam them 
by violence. Likewise the mace was a thing 
that I paid for ; I was so mmdi money out of 
l>ocket upon it ; for that is our usual irny, it 
being bought lately, every sheriff lays down 
such a sum, and loses 10s. by it at the year's 
end. I told tliem then, too, t was sheriff by 
the king's new grant, and therefore tlie mace 
belong^ to me. 

]\Ir. Powis. 'SVhst is that Arthur Hiccarda ? 

Malin, An attorney at law. 

Mr. Powis^ He is none of the aldcnnen, is 
he? — Malin. No, no. 

IVIr. PoRis. W hat is Salmon ? 

Malin. Uc is a feltmongcr, or a glover ; 
he makes gloves. 

31 r. Puuis: What had he to do there? was 
he one of the aldermen P 

Malin . Ue was one of the old council. And 
there was one Bennet too. 

3Ir. Pouts. What is Hiihards? 

Maim. He is a boukbiiidir. He was on? 
of the old Council. Ho ^us coroner. 

]\Ir. PozL'is. What did you say of Bennet? 

Malin. lialph Bennet was one that told mt 
he had :is much right to the inaec as 1. 

Recorder. ^Vcll, go on to what was done 
the next day, the market-da} , H;iturd.iy. 

Malin. I cannot say much to that ; for I 
was with Mr. Mayor making proclaniatidn ut 
tlioio thut ^vore by the new charier, bin 1 iliJ 
not see thcin juoclaim any thing. 

Htiurdi r. Was you by when pniclan^ation 
wu.s made? 

Malin. I Was by wIk'u wc were all pro- 
t'laiuu'd, but not wlicn thry A\ero ; l>ut then 

L. C. J. Hnither. let'bim go on U* tell us 
what happeneil on the Friday. 

Malin. Then Mr. Aldfrnian Wild, who was 
the mayor, when lie came out themv. went 
into the^Guildhull, wher« then were abund^M 



SI] STATE TRIALS, 36 Charlks II. \6M.^Ttial of Wm. SacUterett, 



of hurgettes j^atbered togvCher ; aild Beetngf 
them 80 unauiet, he was tatmfyinff thMi at iar 
"tt be coulii ; says he, if yon Will hear, you 
sfiall have the charter reacf, either in- English, 
erasitisinliitin, anif then you ^ilt see that 
none of your privil^es are dimhiished from 
you, but increasefl rather : and he was about 
to read it, and shewed the broad seal to them ; 
when in comes !flr. Hutchinson and Mr. Gre- 
Ijtiry^ td desire, or request, or command, or 
'^nmething-, Mr. Ma^'or to come into tlic coun- 
cil- hnn^e ; I bey told him they had chosen 
Greaves mayor, and he ^vns to come to hear 
him sworn. With that the bnrg^esses that had 
been quieted before, and was so civil as to 
hearken, and were about to hear the new 



question, I can tell yon the resolution and opi< 
nion of all the judges about that case. Tbfrt 
is Taw for recovering everv man's ri^ht, but 
club-law is not the way to determine ni^it. 

Recorder. Swear Mr. Rippon. [Which wa 
done.] 

L, C. J. You^lcnow what liccame of mnM 
of those apprentices, Mr. Holt. 

Mr. Jennings, Mr. Kippon, pray will yoi 
tell the court whaf you know of tiiis riot M 
Nottingham ? ' 

Rippon. Upon Michachnas-day, lG82,abod 
eleven o*clock, the charter came to town; 1 
was then with Mr. Mayor, Mr. Wild, M Wi 
went straight axvay to the hall furtbwithi nli 
desired that he would be sworn byMt 



we 
charter read, flung* up tlieir hats, and crie«l j Beverly that was steward. No, says M^-j 
out. No new Charter ! A Greaves mayor! A have no mind to it, till Mr. £dge, that wi 



(■reaves mayor ! Then alderman Parker durst 
nut stay any Ioniser ; says he, f will not stay 
to be Ibiocked oh the head. Then every one 
\vzM fVighted, and tli« mayor took np the mace 
and ran away. 

Recorder. How many might there be In 
the hall? 

Malin. I believe three or foor hundred. 

■R^torder. Did they restore the mace to 
you? 

- MMln* Tliey came tbe next day, and would 
have tendered' me money for the mace. 

Recorder. What did you say to them T 
" Maiin, t tokf them, i knew no right they 
hatF to tbe mace, and I would take no money 
for it. It was one Ray ncr that came and ten- 
dcn'<l mc money tor it. 

Just. Holluuay. Pray, 8ir, let mc ask yon, 
in-the electing Ot ^our sheriffs, do the lihcrifls 
return the mace ; or can any body require the 
mace betbre the gaol is turned over ? 

Mafin, Yes, my lord, the gaol may not be 
turned mer in a month ; but the ensigns of au- 
thority are dcltvere<l to tlusm presently after 
thov are swofh. 

Mr. Jluif-. Pray, Mr. Malin, do you kn«)w 
which of these defendants were there at that 
"thne when' there was tossing and throwing up 
of their caps, as you say ? 

Mat in. A gr<«at many of them w<»rp in the 
cciuncil house; they had taken that room to 
themselves, -and thrust us out, and 



town*clerk, came to do it according %kt li 
office ; so' he desired mc and alderman PlnM 
to go to the church to desire him to conne i 
do his office. We did so, and spake to I 
Edge : ^»avs he, if they will please to Cf 
hither, well and gi^ucl, T shall nut concern m^ 
self any furtlicr. Then , said we, will y mi gm 
usthe books that concern us; they arelMi 
8ai«l he, what would you have more? Nif 
said I, I am satisfied ; si> we came away, m 
soon as we came back to the hall, we told hkl 
the message that Mr. Eilge had sent ; M Ift 
Wymondsell tilat was deputy recorder, ^IM 
rcailing the charter. SSays Mr. Mayor, if y/m 
please, i will be sworn, and proceed ttieleetMHi 
Presently comes a great compsiiy, Mr. *" 
vercll, Mr. Hutchinson, and a great i 
you please to give me leave to lo<ik apdn ■; 
|Niper I can tcU you ; there was Wm. SMli 
verell, esq. George Gregory, esq. CkflA 
Hutchinson, esq. John Greaves, gent. Wfliiti 
Greaves, gent. Samuel Richards, gent. RoM 
Green, gent. Fraticis Salmon, gent. Ai^ 
Uiccard*), gent. Ralph Rennet, gent. Jah 
Shervin, gent. Wm. Wilson ; I do not kiMJ 
I must beg your ]mrdou, I cannot speak pn 
(icniarly to him ; Samuel SSmitli, Thus. Tn|M 
Richard' 8mhh, John Hoe, William 9am 
Joseph Turpin, gent. Nath. Chaniell : I cill 
not say anything of JIuinphry Barker, bl 
. there was Joseph Astlin, tayUir. lliese ^ 
demon cnme ni with swords by their wdtk 



raidfltfv 
Ir.RM 

"sia^ 

\ saiflOTl 
fn? 8MI 
nbv«i 



non« of j 
thrni ranie into the hall hiU Mr. Hiitchinsnn i Kcvcral cf them really to the terriiyin^ of tlM| 
and 5Tr. Gregory ; and the burgesses wen* i that w«»rr ihrrr ; I was very much alraid "^ 
very quiet till'thoy came and domaiulcil .^Ir. srlf. So .Mr. Mayor looked npon Mr. T 
Wild to cnme and hear their ma3-or sworn. ' ' .- *.. . *? •__ —mi 

Mr. //cl/^ How long did Mr. Gregory and 
Mr. Hutchinson stay in the hall .^ 

?%To.Hn'. I do notlcnow ; they staid so lon.- 
as to demand the mayor to come. 

Mr. lloH» Did they carry thcuisrlves pmri»- 
^l»l V and civilly wliile they were there ? j 

i.. C. J. W hat had they to do there ? I ask j 
jfitr-tSnt, Mr. Holt; and ii» case you have a 
\uvu\ iv) have some qtirstior.s asked and an- 
swiTCil, I will |Hit you in mind of a case of a 
part'f'l of a|ipreiitices in l^cmdon, that were rod 
toiji'ther about nulling down some houses in I 
"M^JHields r cinvin case you n<!:k mc another 



and, says he, Mr. Alderman K<lge, will 
tnki tin* cliartor, and n»ad it, for the sati 
fi'»n i>f yourself and thefse gentlemen? I 
Xr. Kiige, I do not know what 1 am by 
rlmrtrr, wheihcr I am any thing or Ml; 
know what I am by the old charter. Sll^ 
>Ir. Sachever«=n, that is not our hnsinem^ 

1 prr*i nr, wo ronio to tKnrt a mayor by the 
ch;.r:rr; and verj* hot they were, and Cta 
om Toelection, To eU»ctio!i, Sahnon audit* 
frli<n\3 ; so tliat Mr. Mayor could not be hr 

[ and to election they went; and I asked 
Wild, who was then mayor, who he was 
S ly ; he, I do not uu'lcrstand by what mi 



STATE TRIALS, 36 CHAftLBS II. xS^.-^and oihenjcr a Riot. 



[S4 



■wttftbeic gentlemen come here: tbejr 
[dudeil by die old charter, and J think it 
hMter Hmr you to be elsewhere : tlicy then 
who be was for ? Says he, 1 ani for none : 
bcT asked aldemuoi Parker, and he said 
■e ; and when we tee they would have do- 
tee but that, we witlidrew into tho hall, 
dl upon swearins tbe.dfiiyor. >Ve swore 
■d just fiottbed Uie oath, and the people 
rcry silent, aod be drew out the cliarter, 
Mwed the broad-seal, and sold, Here is 

7f 's new charter, 1 aia very confident 
jour immunities and your |irivUcges 
i« AetirivcMl of: and there bein^ some 
Mir, said I, pray be quiet and silent, 
jan bcaar it read ; at last they were very 
sad qnieC, and we thought it would have 
» very lair business ; when in comes Mr. 
I and Mr. Gregory, to tell Air. 
I tliey desired Ids company, as the 
IS, to be at the swearinp^ o1^ Mr. 
Mg nay ur, for so the old mayor oiij^lit to 
dse be is no mayor, unless ho be sworn 
ipneedio^ mayor. Says he, I have no- 
li say to iiim, 1 know no mayor tiiat he 
Kara about our own business, obeviiij|>f 
m^% authority and his charter, 'fhis 
•jnoner said, but they had animated the 
Mieaf people that were there, that they 
|l|lbeir hats in a very irreverent uusturc, 
\.^mm saw tbe like, shouting^ and cryiaj;^ 
Jb MS Charter! A Greaves mayor! I 
in Is secure the charter ; and a larreu- 
Mtfent that I had on, was all rubbeil to 

Kma the charter, and I had muoh*ailo 
L Mv brother Parker he was so afraid, 
(Mr liie bench ; Prithee, said I, stay; 
PfeUf tliey dare not do these thinirs; 
ti^ I am afraid of my life, and fare you 
» Mr. Mayor biid I'sat a- while, tor we 
ristwbicU' way to take, but at ia«a we got 
ribvBs^ tlictu : but if i touched ground, 
41 Bu^ht ii«:%-er seezny wile again. 
CL y. Now n licther that be a curse that 
byert upon thyself or no, I cannot tell. 
ff9m. Had you been tliere, Sir, } ou would 
btca afraid "too. 

Mivdtr. Pray speak that ugai'i. 
fipsa. I say again, when 1 went away 
I with 31 r. Mayor, I did not touch tlie 
li fcr c-ijifht or*nine yards togethtT *, fur 
vaa'd not make way, and tliey pulleil 
f te ipown, several of tlM-m ; and if any 
sAs bad been there, he would have been 

bfiavii. How long ilid they continue the 

biM. So, Sir, we got straight away to 

HiiSt bouse, thai was then mayor, and 

HlRmr him accordiogly as ilie usual way 

t^ the charter iui|iowGred us, as 31 r. 

isstt tokl ua, that we niiglit tlect any 

4i we fell to tlie businei^ of the duy, 

■lline we had three partfei <loue, tlicy 

% aad prodainied their mii^or: but 

i^espt and send Mr. Hutchinson, nnd 

|Hjrv MtfiMici lUcbwds, and .Vtthur 



Riccards, to demand the great mace for Mr. 
Greaves, as be was mayor : Said Mr. ^Vikl, 
whatHhalll do? Wliy,j«ud I, go douuaitf^ 
give th^m their auawer ; tell them they are 
saucy fellows to do any such thing : Says bo, 
they are gentlemen ; why then, said 1. tcJi 
thcin they might know lietter tlian to uo so. 
So he went down and told them ; said he, I 
received it by good authority, and will never 
part with it, but to as good an authority as. I 
received it. 8o we staid, and went on and did tlie 
business of the day ; and afterwards, between 
Hve and six o'clock, we went to tbe cross, 
anil ihere proclaimeil the mayor by the nen^ 
charter, according to the custpin^ 9iul xetuiiied 
e\ery one to our own houses. The uejLt day 
we were atraid of making a disturbance ; hut 
about nine o'clock we went and proclaipied the 
mayor, and about eleven there cfiine all th'eso 
gentlemen, and there they proclaiiiicd'.SIr. 
Greaves mayor, which was upon the Ha^unfay , 
accompanied by uU these persons, as bear as I 
can say. 

Mr.'Porif. Was Mr. Sacheverell there then ? 

lUppon, Yes- 

Mr. PtfWM. Were all the rest there ? 

liifipou. To tlie bestof my knowledge they 
were. 

3rr. UolL Can von say Mr. SadieveMO was 
ihcreY^^.liippnn. Vea,l[ewa^. 

Mr.lIoU, Who was there? 

liippon. Tliere wa» tlw two Greaves^ and 
Green, and Uichard;:, ami Bennet.. 

31 r. Uoli, l>id yoM see tbeui there ? 

Rippou. Yes, fdid, 

Recorder. HioiMHi, pray will you recollect 
yourself, and ten the court who was there on 
the Saturday i* 

Ripfou, Mr. Sacheverell, Wm. Greaves, 
John Greavesyi^mui*] Hichards, Salmon, Ar* 
I thur Uiccards, Halph Bcnnet, John Shu vvia^ 
. W iliiam Wilson. 

Rtcordtr. Was Wilson there? 

Rippoiu Yes, 1 bue hint myself. 

Recorder, W hut, it juicing J 

RJppon. Yes, he u;ib rejoicing as the rest 
did, to the terrifying of us ull. 

Recorder, \V as he in the croud ? 

Rippon, Yes. 

Mr. A^orth. Will you ask bim any thing, 
gentlemen ? 

Riupou. 1 know nothing, if it please your 
lonlsnip. 

Mr. Uoli. Pray, Sir, this ^ can \ou klv that 
Mr. Sacheverell liad his sword on, on Michael- 
nras-day ? 

Rippun. Yes, certainly he had one on. 

."^Ir. HoU. Can you take it upon your oath 
he .had Y 

RipjMn. Nay, there w ill he several th;it w ili 
sweai' it, I will warrant you ; and 1 am sure 
you would have been airaid if you had been 
there. 

L. C. J, Were Mr. HuU-.hinson, or Mr. Gi-e^ 
gory, burgesses, eitht-r by the new or old 
cliartcr ? — Rippon. No, they were not. 

L. C. J. nere Mr. Sacheverell, Oiid any of 



55 j STATE TRIALS, 36 Charles II. l6U.~Trwl if Wm. SadUverell. [5ft 



these gentlemen ever present at any other dec- j 
tion? • 

Rippon, It is pOHuble, after tlio election is 
over, they might invite ^rentlemen to feast at 
their houses, but never to' have any concern in 
the electi<in in the least. 

L. C. J, How many elections have you bqen 
present at ? 

Rippon. I came into the council at the 
kins;f*s coming-in, and I have been alderman 
live or si.x years. 

Mr. rowis. He came in by the rcgnlation. 

Mr. FolUjcJen, Pray, whereabouts wai it 
the mayor ivas sworn ? 

Rippon, At his own house. 

Mr. PolUxfeiu Whereabouts were the she- 
rifls sworn ? — Rippon. What theriflfs ? 

Mr. Pollexfcn, Malin, the witness tliat was 
before. 

L.C.J. He was the old sheriff. 

Mr. Holi. And where were the new sheriffs 
sworn ? — Rippon, At the mayor's house. 

Air. VoUexfen, Was Mr, Malin sheriff by 
the new charter? 

Mr. lioU, Was it before tlie election of Mr. 
Greaves mayor, or after ? — Rippon. Afler. 

Mr. Pollexfcn, Was Mr. Malin by the old 
charter, or by the new, sheriff? 

Rippon. BytheoM. 

Mr. PolUitfen. And not by the new ? 

Rippon. No. 

Mr. Pollex/en, He says he was, and you 
aay he was not. 

Rippon, Vfir that day he was so, but then 
he went out. 

Mr. Polliwfcn. Did the mayor return to tiie 
hall afler he was sworn, or after you left the 
hall in the fri^^ht ? 

Rippon. We went straight to Air. Wild*s 
before h^ was sworn, and then wo sworu him 
there. 

Air. Pollexthi. But the oucstion asked you 
is, Did Mr. Wild return bac-K to tlie hall aVter 
he had taken his oath, and was sworn in his 
house? 

Ripwn, No,- he staid in his house ; it is not 
usual for the mayor to fo buck to the hall. 

Mr. Pol lex fen. Did he go to the cross after- 
wards? — Rippon. Yes. 

X. C. J. It was on Alichael mas-day that he 
was swon) ; and ft was by their proelaination 
made at tlie cross, tliat he was sworn mayor 
that day ?^Rippon. Yes, my lord. 

L. C. J. And was it the day atler that they 
proclaimed (i reaves to be mayor ? 

Rippon. Yi>s, my lord ; it is true, to the 
terror of us all : I will assure yuu it i^as a 
wonder there was no more misrhrof done. 

Mr. Pollexfcn. These g[enticmcn wei-e i:otin 
town that day* 

L. C. J. Take you your liberty to make 
your defence jit\erwiards ; but you must distin- 
(fuisb, there are two days, and some jMiople 
were one day, and some the other } some peo- 
ple were at the- time of the election, that were 
not at the market-plaoe ; and sonic were at the 
auurket-filaoe, that wore not at the Section. 



3u9t. Hollnwvy. That day Greaves was thai 
chosen mayor in that tumultoous manner, dU 
any of these persons take npon them to sweir 
Greaves, when they bad tbus chosen hira ? 

Rippon. We went out into the hall, and i^ 
that time ihey did swear him. 

Recorder, Was Mr. Greaves sworn thai day 
by the pretended election, Alaliii ? 

Malin. Yes, by the coroner. 

L. C. J. But 1 perceive by their old chartei', 
there was no mayor to he sworn, but byte 
old mayor that went out. 

Mr. Stanhope. Did not the coroner use l| 
swear the mayor by the old charter f 

Rippon. Yes, but in the presence of the 
new mayor ; he was by always. 

L. C. J. What do you mean by sweariM 
of him by the coroner r Hsrk you, u|M>n yoil 
oath, was there ei er any mayor of Nottingmu^ 
in your time, sworn but in the presence of the 
old mayor?— R{;);)on. No, never, roy lord. 

L. C.'J. Do you call that swearing, becatse 
he reads the oath to him ? 

Air. Holt. The coroner has authority « te 
do, as we shall shew you hy-and-liy. 

Mr. Poaris. Then swear Ileynolds. [Whidi 
was done.] 

Reynom, I brought down the charter, my 
lord. 

Recorder. 1 would ask Rippon a qucstXHi 
before he goes ont : Let us know of you when 
the old mayor was sworn by virtue ot' the new 
charier? 

Rippon. I cannot tell that ; the mfw mayor 
was sworn by the new charter, at the old 
mayor's house. 

Recjrder. The other two witnesses did 
swear, that the olil mayor was sworn in the 
hail ; bnt he says he was by, when the new 
mayor was sworn in the old mayor's house. 

L. C. J. it is understood upon the receipt 
of the charter, Wild, \tlio was the present 
mayor, was sworn in the hall ; hut aflerwards» 



by reason of the hurly •'burly, and noise, they 
went away, and chose the new mayor at Wild* 
house ; tnat is tlie fact that is sworn. 



Recorder. It is right, my lord. 

Pmiit. I'ray, lleynolds,' will you tell my 
lonl the whole story *, for you it seems brougrfai 
the charter down. 

Remolds. Aly lord, I brought the cbazler 
fnmi London ; and when \ brought the charter, 
I was sent by Air. Alayor, to acquaint Mr. 
Edge, that the chart er*^ was come, and this 
mayor desired him to come and hear it rnd ; 
Air. Kdj.'-e asked if the mayor would not come 
to cluireh ; 1 told him he was at the tow»- 
hall. When wo came to the council-house, 
proceeding to have the charter read, and all 
those things, Air. Sacheverell, and a gresl 
many others, came to the cmmcil-house ; and 
there the mayor offered to Air. Bigland the 
new rhaiier, that if he would, he mi jht read 
it. Air. Suchevercll, af>er sonic little discourse, 
told liiui that was not their business, they were 
cpme to elei:t a mayor by tbc old cliarter: 
8ays Air, Mayor, 1 do M know any authority 




STATE TRIALS^ SS CH4tLE$ TL l6%JL^snd othert.f^r a Rwt [^8 

of 4 pafi>ol«inatioi 



nirvor * 8iV9 lie to me. 






OKxi aM Mr. ^iid 3ir. 

BAaitjr. came bit* md there 

iMlhvlkarifcflBes that were mct^ ibat tUe king 
hbA gntnlrd th^^m :i niTW rliartev, atiri there 
vaio«ne of 'unbheJ; and 

If Ib^v «ri>ui«. ireadiaEng* 

M or iQ L^Uii. I'h^n tl^cv went to nwear 
Mr, Aldennan Wild, acwinling to the new 
MHO. P resgpftly Mr, Htitchinton and Bilr, 
Wgi r y c^i>e itt, qh4 t<v|d bim lUey bad eled^ 
Ml Wr. CifOBfes mavnr, and if he would, he 
M»e &n4 hear him swurn : be said, he 
I aulhtint^' they hnd tor it, and denied 
mnt •OcH etriMiun. Thoti there wei^ siioh 

Ini 1L new 

iaft Iti MC« vTan jiroclumied divers 

VPDK no bearing him speak : 

U<^ mmirued tbu eotuu ^^^ ^e 

: to ihe nrai'tr'-i !K»ti»e. and theie they 

•P tbe tJ' I'lady^ «inri tie 

ni tea oji ' eiif 

Charier! ?l«*n'^'v^ or! 

A6raiiP€*ai*yi>i tm: .,. *. .>ii,»...u» . .^.^n-, 
ia^f ♦ a C*^6<^ many of tliL'm wenv ii» firt^^rkiim 
bim «t tb« cniss agiiiu, atnong the i< -^t Mr 

Was < irej^ory there toa ? 
Yf*, I think* so. 
Did voo make (jroelamation at 
plmU, ior uJl to doport that had no 

Ste^mmtik. At the council- house I did, be* 
^m^emmti m the common- hall. 

00 yon remember »» ho wa» there? 
Blr. Saclieverell and Girjfory^ 

fc; J(M«i. Did thi-y continue there ? 

H' Ihd Mr. Sache^ereli make 

1 I . I re was a g^wat tioU« in the hall, 
llnl vfMi Uk'ikt .wy things oun- 



K.' 


ereU ary out, 


^blMoks! Ntay the hook« 


! 


mt^Ur. IV bat booka did he nkean f 


l^nofd^. Tlivy Mtre «ome 


of the books 




" ', " .; ^ 


^Nr^' 


1 U( ar id'. 


l^liu i^. \^ 


Hit ibeir 


^vio iltnnari 




^k/(/r. Vrv 


ni-^ory^aml 


^KvtchH'^-"' 


^ -"•'*! to df- 


i tkir tu 


\ ho sent 


as ilw) 

cmoif liad ftcui ih 


yor that 



Mr. Uoti, Yott apadt 
where wua it ? 

Rtynofdf. Ye«« I did make pfoctamal ion i 
ttie eotlneU-hutise, iw bid all depart that liod i 
business. 

Ju&t. IfltMfiu, How fsatne yon 10 make till 
(Kroclatnetion ? ' 

Ihynotds. The msy^r brrf me, aa^ I did i 

M^,Holi* Wast swMntbeit? 

HciftwltU* It was i , thing wtm^ 

Mr. Holt. Was it beture iic was sworn up 
tlie new obarter, upon your oath ? 

Reyrifdda, it waa in the council- ha use. 

Hccot'ticr, It was when yon wert* t'ryin^ tig 
your f' ' mayor. 

ft I \ ftenirarda, did y oti obaerre i 

beuiiiii. .l.v lu.n^le at afny titue af^warthP 

Htconter* Swt^r alderman Parker. [Wbidil 
was done.] 

Mr. Jones. Are yOii sirorU| Sir f 

Parker. Yes, ' 

Mr. Jonet, Wbyr, liioti, will you please i 

five niy lord and jur}' an accoucit of nhat joq 
now of this matter f 

Parker. At Michaettnas-day waa twtire 
month » I t4ime to Mr. Gorras Wild's bona 
who Was then mayor. It waa about 1 1 o'< 
that 1 was there'. There were a great i 
met that used to meet that day, in otdar t» t 
choosing oi^ a i (>r« lyid there were i 

i^rcM many oti r mayor did not kn 

of their roiDini^ ...m , J»>v he gave no i ' 
he saiit, for tKivf^rdl ot* them that uame, to i 
pcBT there, They did iniporttinc bim 
much to he gone, In order to the electioo of 1 
mayor, ^aid I tn the mayor, w© do expert m^ 
charter, and if wc should g^ on to tbe choaaioff 
or a mayor, we hhouM he all m confufMon. So 
after a white, ihe d i iwl if |>arty witbdMir 
ont of tbe bouse. Some gnrtlemcn, ttijvtttit, 
met with them^ and went forward towards I 
' Mary 'a chiiroh. Immediately alter cainet 
charter down by bim that was last «woni. We ' 
were sent up In the churvh to dmire aldomttci 
Filife, that was the town- clerk, to como nud 
riad the rharler, and to let o» know bow wq 
were to procwd in relation to the work of Ibe 
day. He i^uid \w woiiid not come. Altorwarda 
we went to the to\^"-^5»iT into tbe < 
chamber; and alW time> siiyalfffij 

Mayor to nie» broths , I would dea" 

you and Mi% BipfKm, and Mr. Siherilf MatiO^ 
to go up to tlie cburrb, and desitr and cont-' 
nuind my brother Edge to etmt ib«ni« and 
assiat tia in tbia buainais ; ao w^tbdvo «ip aod 
apake to my brother Kdg^; said I, Mr. Mayor 
desires you to come down^ the ebarti-r i« ©onto, 
and be would l i oaie and n ^rl . 

said It if Mr. ^ ;ljmd, and 

mnii fir*<»ves v^in <io w tknvn, tliry umy ue ' 
jwiljstVd ihfvf ih a ehnri> r, atid wc cannot act 
r'' ■ T than hy '' * ' Mtlrrman 

I , He kiu' ?rt1er, 

I ,1.. ; he was by ,, ■ , i-- ^ml mt 

know of auy new one. niul would act by tlia 
old charter, and not b}* the new cme. Vl*lfaa 
we (yanie down to 9/fit^ A^fayar,«ai4 1^^ y»T 



59] STATli TRIALS, ;)o ChaAles II* i6U.~Tnttl of IVm. SgehtvcrtU, [| 



th«r£«l(:re nil) not come dawn among you ; 
ticr« V9 tfc f»pecittl commijtsitfn In Uie cfaorter di< 
r^i^tctt lo tWr at* us, or /luy two of them ^ to 
«wair you iiiay«»r ; wc must do that the fiii»t 
th^og w€ iJo, ind go forward in tliat^ for wc 
rah t*'» nfvthing till you arc sworn mnyor. By 
ti les down a ^ eat man < Mr. 

\ 1 : eat es, my hi oi bcr E < I l_ x che • 

Tertii: it you please, I \%\l\ to<ik iii my paper, 
and read tlicir uamcsi that 1 nioy be mor^ 



I, C J* Ay, look upon yourfiapcr, to tc- 
frc^i your memory. 

Fc/rAfr. There" waa SjichcTeHl, Or^ory% 
lIulchiQsoit, the two GreaT&i*H, HainuH Ricfi- 
afds, Hobert Ct reen, Salmon^ Arthtu^ Uiccard«, 
John Shcrwin^ Ralph Bennet, aud Wilson, the 
rector of fck- Petal's ■ 

Recorder. Mas iic there? 

Parker. Yes; Sajnupl Hmith, Rd. Smith* 
fng^. Hoc, Uarkcr, Charuell. 

£, C* X M as Barker there ' 

Parktr. Ycs^ 1 bairt bis luiuie dowo io this 

10* C.J. WeJI,ffoon. 

Pmrker. First they forced iuto the coundl- 
ouae, and forced us out : so I loki Mr. Sache- 

fill, said I, vnu hare nothin;;^ to do here. 

lUeofder, What said he ? 

Parktr. Said he, I bare lo do licre^ 1 am 

aeerned if I am a burc^ess. Said 1, no hur- 
I acts here but a gowa-nuin ; for it is only 
mayor, alderuien, and duthirig' that ane 
cotiC€rmHi in the election, and %vts nei-er have 
aov gentlemen among oa. 

Mr. Poai*. Did they behave themseWe^so, 
\ that you were afraid of tiiiik:bief ? 

Parker. 8aid I tof>omeof our fiiendtif g^n- 
' tlemen, take the mayor*a mace into your hands, 
for they were tor M^izing- the great mace that 
bdongito the mayor. Anr ' ' fake care 
of the books. 8aid lVlr.8. Stop the 

books. There was coroner /t vjnu'U^i* taking 
them in hts bands. 8»id I, take noiic^e who 
dares lake the books ; and said i to Mr. Sache- 
verellf you have notliiug to do with the books, 
the boots belotig to ut. isays he, take notice, 
I will-^in a menacing way, and then heUl bis 
tongue. Said I, I am sorry to see things here 
this day : 1 have been a member of the corpo- 
ration, and been present at these elections for 
18 years, and J uaver see such a thing as this; 
and* said I, I profess I couLd abnost cry lo see 
these diiisenti on s made iimoti^ ua. Said I, I 
must go, being one of those Uiat was in coxn- 
nusaion to swear the mayor* my brotljei HaJl 
is not here, and my brother Edge is ^vith theni ; 
*'" tbcy keep me here, tlie mayor cannot he 
lorn ; so I puhcd off my gown, and at lant 
i^^v bue I waa resolved to go, with 
h' A Clouding I got through. But 

M ! nor way swuru, said f, you muKt 

now :i r, and give ontiT tor tlie peo- 

ple to < <^ tie dicb Sayii he, will you 

itayi No, Hiikfl 1, 1 dare sluy no k»ngc;r; the 
rmle ttrt» bnoyea up to liiat Iteiglil, tbut I 
am afnud we abaH bid knockod ua the be;id. 



Sol went to my bioltier Hairs, and I aaid j 
his wife, stster, citJicr give mc a gbts$ of 
or sack, Ibr 1 aiu even s|}ent. 

X., C* J, Tliat was to recover hb heart i ^ 
thill ^\as sinking; for an aldentiatrs heart'] 
neralJy sinks in sudi a irigbL 

Parker, We did proceed on then, 
went Itack again ; Said I, if they niuist 
knock e<l on the head, I will go and be J 
on the head >vith thciiu 

L* C. J. A\\ ' igccame tohb 

when be liad ,i noe, 

Fa$'k€r. 1 iiM I u.r.ii Uiiif '•'-'■ *-' 
the mayor, let us go to your i 
lef u§ proceed on to rhooj^ a i 
him, ami all other fiihcers. 

have nobcMly to a*si*l as, we m 

we can. And we went thither, and pr 
to choose a new mayor, and then newf 
and coroner, and chamberlaiji, and we | 
tlient their oaibs» And after aU tlii», we wa 
4 to the ancient custom, to the w^ 
% anil there we gave order. ^ lor 
iinmauon to be made, to give notice to 
ctn-jtoration who was then mayor, whoi 
then aldermen, m ho were then she 
were then coroners, and who was lliett i 
her lain for the year ensuipg. \\ b list 1 
doing, Mr. Sherv^in, Mr. Green » and j 
many of them came down hoUowing and i 
ing, No new Charter! No new Charier I 
they cared not for the new charter, it 
worth a groat. 

X,C./. Who said that? 

Porker. Sherwin, a man of a good i 
They were going fast away : No, aiid f 
go on the old rate, we are m a good cause, j 
we do not fear them a |kin ; if tln-y do lay 
it w ill be to their cost. 

L. C, J. Well said, thou hadst dnmk a i 
glass of sack, I perceive, for thou wer^l i 
horrid friglit before. 

Parker* The next day they could commn 
all the counsel iti the town to attend tbcm wj 
their new mayor. Greaves. There was J 
Edge, John Hherwio, and a grc:it ma 
tlemen, with swords by tbcii side-s, \vaiJ 
the market cross, and made pi 
And after that was done, tlicy c<»ii 
on Suudav ; for on Sunday Mr, Gittet^-^ 
may or, came with abundance of people at 
heels, not gentlemen, but gown- men, 
thiU were ot" that parly, and offer«nl to 
into the seat were the mayor was ; und we v 
so fearful of disturbance, that we were 
to have a guard to preserve the mace, i 
secure it from being taken tiw ay by viole 
nnd we writ a letter to Loudon to 'mj br^ 
liull to acfjoamt hitu with it, and $;cnt poiit | 
my lin'd tkike of Newcastle, to let hi m J 
how it was, that we were afraid ol' being | 
eil OH the head : and his gi ace waj^ sal 
that he imme*! < lu us, and wastlid 

alxiul four or In < ^, imd then we I 

to be a little in hope. 

L, C\ /, Tbca you b^an Ki be iQ 
agaluf 



Chancrl 

iTvM 

tuae, aim 



STATE TRIALS, 36 ChaMBS II. 1584.— mi? oiher9,far a Riot [6S 



trkr. How hare tfaey faehaTed tbem- 

■MB? ' 

•far. They baTe had sncb cabals, and 

«, and rlubs, that we have oilen been 

tftkn. 

,Ealt. I luppose they can drink sack as 



■jia. 

LAnnn. Pray, Sir, had the burgesses 
■■T&inffto*do with the election by 
iiiBUtw?-PcirAer-. No. 



biWu. Mr. Alderman, yon have been 

itiwia that town. 

lAv. My grandfather was an alderman 



L Fmu. Dill you ever know in your life, 
tee gentlemen ever used to interpose 
■in^ srconecm themselves in the elcc- 

iltr. Na; we always went into the coun- 
MB^aad were called one by one, and the 
mm Wft-T came in amon'sf us, but only 
ptenn that my brotlier Edge brou^^ht 
l^ematy, to shew him the formality; 
Itp »y llursess came, but those that 
ilkt coonciT, or clothings, as we call 
-*! Mveraaw it otherwise, and I have 
mpoimany. 

HMMf f. Did not Mr. Sachevercll, nor 
Mkeaat-lmrgesses, use to come in ? 
m No, Itoidthem, says I, this charter 
ii^yon have notliing to do. 
Iki^p. Did Mr. Hutchinson and Mr. 
RfMetDcorae? 

Idt. Ka, tlicy were no bnrgfcsses. But 

"kif that if vou please, I would 

rMr. Hutchinson, Mr. Gregory, 

is and Samuel Richanis, came 

a bather Wild's, the uld mayor, and 
ear mace. SSaid 1, what nave yon 
Utile mace? Tbey said, Mr. Greaves 
f» hath sent for* it. Said 1, if the 
nira little spirit upon him, be would 
laneare you, to ask such a thioi^, for 
teatheerood behaviour; said I, and 
■lyor, I would secure them, and let 
m their advantage against me ; I would 
fjk these (gentlemen. 
'anii. You speak of somcthinsr that 
m at the cross the next day alter tlie 
I was Mr. Saclievercll there? 
BT. I believe he was. 
mH. Did you see him ? 
Rf. 1 was in mv chamber, but I cannot 
Mr be was tfiere. 
haelf. What, at the cross ? 
IK' There were all those that 1 named 
MI tell you. Sir, the riot continued 
i 9mmhj ; for all that bore office on 
iRCHHeaod attended Mr. Greaves to 

RMr. Greaves c1api>cd his hand on 
■eat: Haid I, Mr. Mayor, keep 
■d do not stir out ; and he did not. 
torn* Pny, tell which of the de- 
lft at the cross on Saturday, or at 

I was Mr. Gregoir and esquire 
r, and William Greaves, and 



John Greaves, and Samuel Richards, and Ar^ 
thur Riccards, and the Smiths and Sherwm. . 

Ltroell, Were all these at church ? 

Parker, Yes. 

Recorder. Did they use to come to church 
before ? 

Parker. Sir, it is a custom to wait upon the 
mayor the next Sunday, and they waited upon 
him in their formality. 

Mr. HoU. Did not you give your vote for 
electing a mayor according to the old charter, 
upon your oath ? 

Parker. 1 will tell you what I did ; when 
they called to the election, and to the poll, and 
asked who 1 was for, I told them that there 
was no man capable of being voted for, unless 
it were Ralph Edge. 

]^Ir. Hoit. But did you give a vote for such 
an election, or no? 

Parker. I tell vou, I said there was no man 
capable of a vote but him, and I could give my 
vote for none but Ralph Edge: and said I, lif 
you will have it, I will give my vote for Ralph 

Mr. LovclL Was there an election for Mr. 
Greaves, and poll taken, pray ? 

Parker. I cannot tell that, but I was by al- 
most to the latter end ; for I could not get ont. 
the croud u-as too great, till I had pulled off 
my gown and crouded out. 

Mr.LmeiL Whotook the poll? 

Parker. Mr. Alderman Ii)d^c. 

Mr. Lovell. ^Vas Mr. Turpm in the aounciU 
chambcr at that time, or not ? 

Parker. Yes, he was. 

LovelL Are you sure of that ? 

Parker. Yes, indeed am I. 

Loveli. Was Barker there? 

Parker. Yes, he was in the hall ; it is all 
under one roof. 

Recorder. The books that you speak of, 
that 3Ir. Sachcvcrell would have secured, what 
books were they ? 

Parker. My brother Edge can give a better 
account of that than I ; for he kept thorn. 

Recorder. You can tell what thev were? 

Parker. They were books that oelonged Ikt 
the mayor. 

Mr. 'Stanhope. Mr. Parker, you s:iy Mr 
Wilson was there? 
. Parker. He was in the hall. 

Mt. Stanhope, You know it? — Parker, Yes 

Mr. Stanhope, Are you sure of it ? 

Parker. Yes, you know it, Mr. Staidiope. 

Mr. Stanhope. 1 was not there, sir, how 
should 1 know it ? Pray, how did Mr. Wilson 
behave liitnself. 

Parker. He was among all the'rabble when 
they were shoutinuf, and crying out, No new 
Charter, No new Charter ; he was an ab6ttor 
among them, so 1 give it you sworn. 

Recorder. He exurted them to it, I will war 
rant you. 

Parker. Yes, and has enct nraged it in his 
pulpit sincre. 

Mr. S. Wartf. Did you hear anything of a 
standing- club to carry on this opposition '* 



STATE TRIAI^, 56 CHknLiA 11. \6%A^7^al of Wm. Ssc 



^ 
¥ 

$ 



fiy uf thr fkieiidoknU 
ef 



W3 

I hear Xhttti is tt , 
%\u I, aitd tliv^ hate gitU 
ium«i ot iuou<:'Y tor ttu9 busiu£4t. 
Mr 5. Ward. U"^ " ** " 

keep up tliesmnt 

Farkcr. I have LrLmt s^ 

Z. C\ J. Tiiat is iioiliiii^ to the bdsbe^ ; 
wV " • - 3 laikio us oluny such thing ? 

S^vvcar Soinuer. [WhicK was 
duM^ J ^ V 1 1 1: yau sent by the sheriff to dc- 
duintl the mace ? and pniy what hap[»cncd ? 

$umncr* Sm :\j ili:ir iihk 1 uas tlie sherifrs 
«crjeaut, aQl and so 

thereumflu^ ic ijoloij 

out* and the uther caiiuig Tu tlvctioii, »ntf Stop 
the books •, and my master the liheriff coiiiing 
out, I got in .i» fM2Jt as I could) and gift hubl uf 
the mace tlmt wn<* upon the cgunciUtable. ^Ir* 
Kdph r Jr. Saloiott^ and Mr. ArtJmr 

Jlia-an nil oie again « andtold rae I 

111 ' 'i it So I went and lold 

II I J iti went and dttnanded it ; 

bui tuvy urn lurii l; 1 1 iiitu gooe al»out his biisii' 
ness. "Hut bclore I went tirom the Uiiyor's 
house, l)ie may or called roe in, and iiaidi liubio» 
do not give any occasion ef oflence lo luiuj, 
i^oinanor child, to-day, 

Mu order. Tliejitry desire to know who it 
was took the mace from you ? 

Somner. Thev did take it firotn tne. 

IUccr(kr, \V"ho did ? 

Samner* Mr, Rak»h Bennet, Mr. Sahoon,and 
Mr. Arthur Kiccards , them three laid hold on 
me, and told me 1 hadnoihing^todo with it. 

rMr. Jennings. Bid they I'orctrit fipotii you ? 
SomtiCr* Y*£i, 
Mr> JcHfiitt^f, And thev did refuse the xnaco 
te Mr. MttUnVJWwards > 
WSomntr. Yes, thev did. 
I ]ii .- \/ , n ^f^tpc, vVherc was the mace ? 
I k by upon the table, 

f : ......rupc. I thought yott said they took 
»■■ 
tal 
H, 



^ from you? 
Stwiner. Ye 



ea> af\er I bad Uid hold of it^ aod 
taken it ojT the table. 

Hi, FiUDU. Wereyousentforit byibetbe- 
riff? 

Somncr. 1 was flerjeant to the aberiff, aud it 
Wlonged to me to oury the iDa<;e. 

L. C. J. Well, go on, 

Spmner. When ihc mayor came into the hall) 
nnd desired to hare the new charter read, and 
hi»4rd in peace, earner in Mr. George Gregory 
and Mr. Hutchlnsonf and at\er they came in, 
they fell a shouting. 

keci/rdcr. What did they say ? 

Somnvr, They tidd the mayor tji^y had cliosen 
Mr, Greaves uiayor, and if he vvuuid comc' and 
bear him sworu^ he mifj^bt. He made ihem 
^ome answer, but I did not heiv vvhat he t^d. 
the nijise was «o ^rcat There was one that 
■tOod by mc, one Martin Chambers, whom I 
spakt) to, and said^ Prillice be quiet, or hold ihv 
tongue, do not make %\xc\\ a uoisc ; and witU 
that he up with his haad| and hit tpe a full 
twop QTer th« faco* 



X. C. X Who waa that ? 

Summr, One Martin Chamhen ; aod 
man they hxif e brought up to be a wllnefi 
tbcut. 

Mr, PciaiV. Sivcor WorUcy, ^ Which 
done] 

Rrc(>rdrr, Pray will you give an aocomil 
wlielher vou saw' WilsinI llierc, and id wbal 
place, ana what he did ? 

Wort ft!/, Ytrsj, I aaw him in the coiinci 
house, my lord, 

Hccvrder, In the council-hoti»e ? or in I 
hall do you mean ? — WorlUy, In the hall* 

Htcardcr, What did you see him do T 

Wifrllc^, NoUiing. 

RtatrdfTn Was he in the croud T 

Wortltif. Yes. 

3tr. Feu is. Did you sec the mace 
awav?— UWi/r«« No. 

Mr. Po.w«. What did you s«< 
do? Or what did you bear any 

Wort ley. Mr, aachcvercll bid tiirm »u 
hook»*, 

Mr. AV/A. My lord, I hopr we liavc i 
ciently pro^eiJ our tj$&ue. 

L.C.J. Did they make any !'"''^" '*" '■ 
bub» or outerieij iu the hall ? — ! 

L. C.J- Did tliey make au_. , -,^ .- 
council- house ? 

Worthy. I heard him bid thciu stay 
hooks, thai is all. 

X. C. J. Uow many might there he oft 
gocMi Sir ? 

WortUy. There might be a hui>drcd. 

L. C. X Were there two hundred? 

Worthy, I cannot tell how many thee 
mi^ht be. 

Sir. Holt. Pray, Sir* ^Vortley, befure yo^ 
g0| did you give no vote for tlie election of \ 
mavor upon I he old charter ? 

Wortky, No» 8ir. 

Mr. FvUejfrn. Did not you gii e a tote 
that time ia the council -chimb^^ ? 

Wordey, Yes, thbre was a vote, but 1 j 
it for Mr.' Toplady* 

Mr, JrnntfigB. I'ray swear Mr, Rd, Wijg 
(Wiich was done.] 

Recorder. Pray will you give ati 
what you know of this bwsinesf ? 

Wright. As far .is 1 can give an aceount» 
was thus : I saw when the new chiivier ca 
and was carried to Mr, Mayor's hoiuse» and 
was given to the uifiyor^and it was met 
that by the company that was going to i 
and they were aiujuainted there \»aj» a ||t 
f^h^ri-,.- MTul desired to return buck ajjain ; 

'I not, hut went to churcli. 
1 — rr.t hi K L f imKiiiphtT lUyntddij, s 
one Mr. - i ed to come and J 

it read, hui uu \ it. 

Recorder, U hat did you do in tlie 
oit-chamber ? 

Wright. 1 was not there, but in tlie hall ? 

Recorder* What did tliey do in the 

Wright. I will tell you what they dii 
They hail itie charter )>eibrc tliem, and it 
goui^ to be rend) and the buigt^soi wtim 
I 



STATE TRIALS, 36 CUARLI^ II. l£84t.--«|i4 others Jqt a Riot. [6$ 



Mjeli till fiacb time as Mr. Hntphiiisoo 
Ir. Gregory came to acquaint the mayor 
Imj kad clio«en a mayor, ami desired bim 
Bc nnd hear him sworn. To wbich Mr. 
w aaawered, be could not, neither did he 
If wliat authurity they did it. AUer this 
i^ta a great tumult there, aud some cried 
A Gieu» es, A Greaves ; and others, No 
Charter, No ncwr Charter, ^veral times 
veiie W^tiretl auil persuaded to he silent 
l^tt, but tliey would not, hut continued 
i^Mikuoiia manner for a ions' time After 
1 was at >lr. Mayor's when Mr. liutchiu- 
wiHr. Gregory, Mr. Art^.urlliccardsand 
Bkkurdii came to demand the mace, 
»ipQB Mr. Mayor t<^d them he would not 
V itbot to the saa^e authority by whicb 
id it, otherwise he would not deliver it. 
ims in ttiis company Mr. Ralph lUrnnet, 
Mn 81ien»in, Mr. Samuel Smith, Mr. 
mm Trigi^, and John Hoe ; tliesc 1 took 
iite notice of. AAerwards, wlitn they 
Btopradaim the mayor at the cross, there 
■dm this Hoc, andShcrwin, aud several 
■I^B a great body, tliat the}- could not pro- 
■ Ae mayor thorough! v as tbey sliould. 
bCwi- Pray what number were they wbcu 

^«■eiMo tlie council-chamber? 
r^b. There might he fitly of them I he- 



. Who was the chief man among 
mf-'Wfifkt. j^lr. Saulievcrcll. 
IkC J. Hhen they were in the hull, how 

Wngb. VWa they were in the hall, J be- 
iHiW| wcffcwo hundretl. 
Mtihrti, My lord, we rest it hfro ; ^\'c 

ftarA^rc^ven a snti'»factory pn)uf as to 
^ddcadants namcnl in thr infonuation. 
tb* haUciftn* ^Iu.y it pIvUAU v(»ur lordshio, 
li KB |S%ailcm<?n ot* tliejiirVf 1 am *■'{ coun- 
lilAft case fur the defi*u(!uut> ; nii(!, iiiv 
ri^Mtaithstandin^any thii;<^ thutlms bec-n 
l|niachc;ie we shait ninkc it piuiiilv to 
p», that we have done notliinij: iuit {>hat 
ilBihyal good subfccts and honest ii i u'li /iiiui 

Sae were tiu- from stirring or incitin^r any 
ilaikd disurdir in this tuwn, ui* an\ thiny; 
^W^ be csJIitl a riot. And, my* lord, 1 
^^' ^le^^e a little to 0|)en thur infuruia- 
\%v uiav come to the utKution upon 
uf matiL-r dues stand. My lonK Uicy 
\ m (heir nifui iiiatiuu chargr:d a turaul- 
nbl V upon tlie defendauls ti> disturb 
mi ihfr Hiayor upon the new char- 
kt this did continue l)y the space uf 
k npon thai same duy, a:>d tlicre is 
respokcnof any otlicr day; aud so 
■Ihfy talk of \% \i\cn hnppcm^d tlie next 
r wholly uut of the information. 
is anotlurr matter, aiK»tber pas- 



km infomiation, about the taking away 

^■■MflJin, who was then sheriif. 

M| oar case as to that will stand 

Jaaaa ifaenif by the ohl charter, 

•Jhianr-; and tnei if Mahn were 

r, ijknhy the aurren* 



(lerhe was out of oflice, aitd was not sherifC 
andso the inibnn^Uon fails: For 1 supjiose 
they theniselves would not have both charters 
to lie in ibroe at one tinpe ; and if they would 
have this to bearer the ncvr charter was grant- 
(hI, then was nutMaliu sherifl'by tbe new char- 
ter. ^ tbat then all the fact that is laid t on- 
«-i:rniiig the taking away tbt: mace irom Maliu 
that was then sheriff, i» quite mistaken, ibr 
Malin was not sheriif then, if so be tl»e old 
cliarter was not theh in force, for lie was not in 
the new charter, or any way elected or sworn 
sheriff: So that therem also, my lord, we think 
it impossible for them to maintain that |iart of 
ilieirinibrmation. My lord, the next matter 
stands upon the assembling and acting of those 
(tersons that did assemble and act uuiler the 
old cliarter; aud therem, my lonl, it will fall 
out thus : By the old charter the mayor is to 
bo elected, and take his place on Michaelmas^ 
day, upon which this fact is allcdged to he; 
Greaves was elected beibre this time, upon 
the 14ih of August according to tbe usage ol the 
old charter. Then, my lord, according to the 
coubtilutionof that old charter, a copy whereof 
w e have here to produce, if the last inn'yor be not 
present, the coroner has power to swear the 
new one ; and that will shew that this is tlie 
rigrht day, and all things were done by the old 
corporation, as is usual and accustomed in 
all respects. There is one tiling they say 
some ol' these |Htrsons are not of the corpora- 
tion by the old charter, and others had uo voice 
iu tlic election ; my lord, for that, supposing 
they had not a voice In the election, yet to m 
there was no crime ; Ibr if a man be a burgess 
ui* a town, and be present at the election of 
otiicers ibr the town, and d<x*s either ad\ ise or 
assist in the election (and he is not altogether 
unconcerned iu it neitlicr), this of itself will 
make, no crime. Why then the day that was Ali- 
chaelmas-day, that was according to the usage; 
and the place and pnKincdin^s were all accord- 
Jh!!^ to the custom that they always used u]»nn the 
oUl charier. For ttrst, they go to the ol<i mayor, 
ft'um thence to chui-ch, from thcnt-e to the 
council chamber, where thoy used to e^stablish 
the mayor that v. as lM*iore chosen ; tliitlier 
ilK*y V. eiit, there lliey did elect thi:; Cii-eaves 
to be mayor, and v«'hen they had eli.-eled liini to 
be uiaycr, he did t;end, aceordinp^ as is proved 
by their wiUicsscs, to 'the old mayor, wlio was 
then in the hall, to come and be present at the 
swearin;jf of tlie niw mayor; uo that still all was 
done us is usual accordmL^ to the old charter ; 
and if that charter be in ibrce, aU is le<r«d, and 
the answer that the obi mayor does y'ive, is 
also prov(Kl, my lord, fur the ilcreiulaiifs, all, 
besides four, were not iu die hall, but only in 
the council -chamiH-r, for any thinj,^ that ap- 
pears by the evidence ; hut if the evidenee 
be etherw is;p, we ha\e witnesses to prme iL 
When we were int!ier<jinui! ebaniber, and the 
may or come and bn;u«r! It the charter, we were far 
irom opposin;*, but did desiro the new -charter 
mij^'-ht he rend, the mayor refused tlic readiug 
of it, but took it away with luai| and went 





caerciBiQ^ of hts oflice ; 

tion is oaite Tarying from the fact* Then I 

b this nirtber be«ides, my lortl, ibe i 

and mectiii|f, and gpoitig' oo according^ toi 

old charter, wa» on the f9lb oC Strptttnoer* I 

new charter bears date the 38th ot S^atfmbErJ 

and conies down av you see the next . 

^a3 !VlichaeIm&s day* at eleven o'ci* 

ire have it in proot\ that the surrender 0C 

old cl>arter, which they pretend, w«» oof 

rolled till the 7th of October after; andi 

favour^ my lord, tlie old charter could I 

delemiioed, till the surrender «-«« 

which was not till the 7th day of i 

and till that time the old charter conti 

in force, it was tit for them to act ondrr it, 1 

it did so continue ; and if they bn 

their election on that day, they fiad I 

in not proccedintf according to the ij 

rviy loni, wc will call our exklencc, and 1 

out our fact. 

L,C.J, Bnt, Mr. Polleifcn^ as to that 1 
talk of about Malin ^ Was he sheriff or 1 
not sheriff ? 

Mr. PoHcjfen. He wasuoiaheriflTi 
to this information. 

L. C. J. But wai* he shcriffor t)Gt sberilf t 

Mr. Thompson, Nut sherifi^ h^ ikm 
charter, say we. 

L.C^J. But 1 pray answer roe, Was 
sheriif, or not shetiff ? 

Mr. Polkjfen, 1 Uelieve he wts sheriff I 
the old charter. 

X. C. X What hod you then to do irith tb 
maoef 

Mr. Follexfen, Yet say we, you are ma 
taken in your inforn^utjon ; forit so be yo 
lay it bo an offence, the tjikingf away thef 
from Mahn that was sheriff by siK'h a «~ 
and he l4 not so, then the laturruatiofi 
taken. 

L, C. X There is no such thing* \ 
sheriff by such a isharter* 

Mr. tovdl. My lord, we do i 
justify- 



wlock they proceeded 

Mj Isf^, tBeoiotrO' 

whM m the rifht and 

ile^iidmp^ ; 

icfife in tills 

then in force, 

ike old cbaiter to 

their mayor, to 

lll« oM mmfot to swear him, 

the rc»cr must be reg^ular, if so 

' ler was still in 

rirtss the other 

iwful, if that be 

pT but what is 

H re, and according 

tjffe^ce, no violence 

■' ' ' ' "*^y ot* these 

,ik of the 

., ......,c3 mayor^ 

' which in ekciioLs 
it there are but or- 
^HeooiidiBgn rnrh ha are usual In thingps 
pi ttlHirv^ 1 KtifH.- it will not be construed 
i i%oi (♦r breach of the peace, or of- 
^i» \\\ lortl, the tjUestions that will 
~ mmtion, are those that 1 

if so be this mace was 
^^ tricnihev huf iner laid it in 
i%li;it we did take away froiii 
a mace that bel ousted to 
lit' his office J if he were not 
arc quite out in their infor- 
(nmld not be shei-iff by the 
w ill be prt tty plain ; fur the 
*a\ vva« Kurrendcred. That 
*fntrbv the new, is as plain, 
.lued nhcnff in it. But if he 
th** n*'w charter, yet at this 
nly of sheriff, for he 
tit.^ ojfioe by the new 
'». And there is an 
tther the sheriff, nor 
'" '' h»m their titCcc, 
Now all that 
:»ber, of \^|jicii 
•^ Ik* fore these 
id tlir oath was 
*yor, ami where the 
' * Hut tlu'v wi:re 
r ne^^ 
'vhort 
tHiunciUchara- 
Ti thf old char* 
■ «tion, 
I by 
U J or the 



L. C. J. Ay, but let bim come here first, 
answer the ohjectjon. 

Mr. PoZ/rx/^n. My lord, it is expressly 
in the begfinuing of the Lnloimationt that ^ 
was mayor, and that be liad summoned ai) 
scmbly to choose a mayor, according^ t*i 
charter granted by this kintf ; that tlie 
ants did disturb tbat meeting*, and thai, 
lion ; and that they did take away 
beinR; the en&ign of office, to the said ^^^ 
of the county aforesaid bflonq'ing, froiia~4 
.lohn Malin, "being then one of the sheriflii 
the county of the lown of Noiiing^hatn 

L. C, i. All thnt is true 

Mr, PaUfxfcn. Then they must make it 
be ly one or the other charter. We say 
vr^9 not by the new ^ they dcoy the old Id. 
in beinr;^, anrl ispcdk only of t)ic new, 

X, C X Ay, but 1 would fam know of 
whether he was sheriff or not shenff. 

Mr, Poller, I think they Uiat will chargti 
mUi an otitncc, ought to tnak& out thai 




Vj STATE TRIALS. S6 Charles II. l684.-HniiI others, fcr a Riai. 



L C J. Tb«-y say he u sheriff, and you say 
lliiikmff ^-ourselves. 
Ir. PoiUif'en. That cannot consist with this 
|0Uir quesdon, as I conceive. 

LCi. Why now then let us come yet a 
Mi farther ; it is said, that such a one bcinjur 
WfLnA to he w-as, take it which way you 
I «; far if the new charter have no effect till 
faiHraiderot'the old be enrolled, then Wild 
it iju r by the old charter ; and if he was 
Wmtf It wu eDough : and then he uvus met 
MNBS new mayor by virtue tif the second 
Aliv; it is tme it is so said, though perhaps 
Wribf to strictness, it could not take effect 
\ Jfefaicirolliiient uft* the surrender ; vet what 
faiillB lliis ofTeace ? I would fain Iknow of 
Ji^ ii it oot true in fact, that he was then 
W^,9bA met in an assembly for tlie election 
lilinr mayor? 

Jk. PoiUifcn. It is tme ; but that we con- 
MwiB ootiiuppOrt this information. 

LC. J. Then 1 desire to know, how comes 
& 8Mbe«'erdI, and these sort of people co 
■rile in i:? 

lk.folleifcn. I fit be insisted upon that he 
iBHVwl^- the old charter, then we hope we 
Ik fane aotbiDg but what by the old charter 
mwnjatafy. 

Lis. frhat had Mr. SacbeTercll, Mr. 
UyMi,and 01 V parson Wilson to do there .^ 

VLhUyffii. By the old charter Mr. ISa- 
AnaD n 1 bui^css. 
^C. /. if he were, was he capable of 

Jh. M ufcii. IIo miifht be present at an 
■^^■4 was concerned as a buri^css. 
'^LClBat could he meddle vi ith the elec- 
^/ 

Jk.Pdk2f(n. Then, good my lord, what 

LC]. Wonderfully done! those thin g^s 
-^Oi never answer : in London, for the pur- 

Ul^ it VIS not an offence fur any freeman 
■pant at the election of the mayor ; but 
'i^iMneluffrLcmcn comethut arc not livery- 
ttd ran themselves into the business to 
raioei, anil «rivc direction about that they 
Mkio? to do with, and cry out, pray 
pttebools, and pray, good Sir, deliver tiie 
t; then tJiev hail concerned themselves 
witli an authority to which they 
IM pretence, which is an offence ; and if 
IVftU busy themselves in that which does 
I tliem, they must suffer for it. Mr. 
ill, and the rest, were as capable of 
advice about an election, seven 
! as now ; what reason had they 
^li oome and make this hubbub.^ But 
I will shew themselves such wonder* 
before then: advice is asked or 

Xok//. Will your lordaUip please to 
li Me word — 
iBmefaii. Prithee give me leave : my 
• jMi see how the fact does appear 
• ri d mee , I aupposii we shall uot be 
d^«f mny 4imder. 



[70 



X. C. J. It doth appear very plain; man, it 
has been very fully sworn ; it has indeed. 

Mr. Pol lex/en. "We hope to satisfy you 
otherwise by our evidence, as to the fact. 

Mr. Lovell. Your lordship is pleased to ob- 
ject that upon us, which doth lie upon us, and 
requires an answer 

L. C. J. It does indeed. 

Mr. LufvelL As to Maliu*s being sheriff. But 
my lord, I conceive he was not slieriff; for 
if the old charter was in force, tlien he was not 
sheriff: for there was a new sheriff chosen 
and sworn, before the mace was required of 
him : if the new charter were in force then he 
was not sheriff; for he was uot named sheriff 
in it. 

L, C. J. Who chose the new sheriff? 

Mr. LoTcU. He was not chosen by any 
body, he was named in the charter. 

L, C. J. Malin was sheriff before that time, 
and was indeed sheriff till a new one was chosen 
in his place ; and therefore the detaining the 
Mace was unlawful, that is our opinion ; and if 
your opinion be otherwise, it is as idle as the 
opinion of the new charter. 

Mr. Holt. Will your lordship please to spare 
me a word for the defendants ? My lord, the 
information doth consist of two matters ; the 
first is,- the disturbing the election that was 
appointed by the mayor, by virtue of the new 
charter ; the next is, the taking away the 
mace, b<nng the ensign ot ollice of Malin the 
sheriff. Now, with submission, my lord, I 
think they have failed in the first part of the 
information ; for thev have laid it special, that 
Wild beinsT mayor, lie had at that time, when 
these defendants did thus assemble themselves^ 
appointed an election by virtue of tho letters pa- 
tents of this king ; and after he had so appointed 
it, these defendants did assemble themselves 
in disturbance of that election, and after pro- 
clamation made, continued their disturbance* 
Now if this Genas Wild had no authority to 
make or appoint this clecrtion by virtue of any 
charter, then had he no anihority to make thts 
proclamation ; and these defcnJants are not 
guilty of this int4)nnation, supposing* what they 
did was not ju&tiliuble in the main, yet as here 
laid, tbey are not guilty ; for it is not, nor can 
be to the disturbance of the election, or con- 
tempt of his authority. 

L. C. J. Come, tliat has been snid, and an 
swcredover and over again. Call your wit- 
nesses. 

Mr. Holt. As to this business of Malin, and 
tlie mace, we did say it did not biflonjLfto him ; 
and it is an usurpation upon tlie king, Avithout 
authority by any charter or grant, and a no- 
velty. No man can have any i-'l-Iiju of au- 
thority, but by tyrant from the king. 

L.'C. J. * What is thatto ymi* Why did 
you take it away ? What authority had you 
ibrthat? 

Mr. Holt. This is laid to be an affront to the 
king's authority, and it was uot, for the very 
mace was an usurpation. 

L. C- J* Ue was in possession of it, and that 



L, C. J. Pray ffo on to your witnesses, and 
do not spend our time in vuch trivial stuff ; tor 
this is ail stuH', mere stuff. 

Mr. Holt, My lord, we \rould make out our 
deicucc 

L. C J. Do so if you can, call your wit- 
nesses ; ue must noi give liberty to e^cry one 
of the counsel to ni.'ike speeches of the same 
thin^f, over and over ng^oin, and all to no 
puKiiosc. 

Mr. Holt, This mace did not belong to 
Malin. 

L. C. J* Yiovf do you know that ? Can you 
tell wliithcr the king* had not gi^cu them ouch 
power ? 

Mr. Uott, It was never given by tlieking. 

X. C. /. Docs the king qut-stiuii* them for ii ? 

Mr. Holt. We will prove it uii usurpation, 
«nd can sliew the time when it was first 
usurped. 

L, C. J, This way of lu'huviour by riots, 
looks more like the times of usur[mlion, when 
nbliles meet to meddle with t;'overnment. 

Mr. . My lord, I desire to offer only 

one word that has not been yet said. 

L. C. /. No, I will hear no more speeches ; 
call your witnesses, if you have any : sure you 
take yourselves to be m your eommou-halls, 
and council-houses, making sjKkiclies. 

Mr. Hoit. Call Edwara Higley and sir 
Thomas Parkyns. 

Mr. Polkxjcn, May we read the old charter, 
my lord ? 

X. C. J. Av, read what vou will, and offer 
what you wilf in evidonce lor yourselves ; but 
let us not ha^ c 9iich docirincs preached omong 
us, as settling govunimeuLs, Liid trying rights, 
by club-law. 

Mr. PMxfcn. God f^^.rbid, my lord, 1 am 
sure noliodv here drsiivs nn^' >'ucii thing. 

Mr. i/o/?. S'.vcarLd^*ai(ini-;;ry. [Which 
Was done J 

L. C. J. WoV, \vhat dv you ask iMs man ? 

Mr. Hi)U. [Showl'i'x I''"-" »'» pap'^r-book.] 
Is that a tmr copy of t^c oM rl-.artcr ? 

Highy, Yes, it* is. 

Mr. Follcifcn. Wc desire it mn.y be re.id. 

J-r. C. J. What would yon read' it for? 

Mr. Folic r/en. By that it will ajpear the 
election was* regular, acc<»rrrmg to the olri 
cltarter, whicti we say is sllll in force, and so 
we in no fault. 

X. C. J Shan we enfa* iiito a <]ueBtion of 
that nature here, which 13 in force ? No, wc 
will not. Why did yon commit this riot? 
Answer that. 

Mr. PoUofcn. Uy the old charter, my lord, 
the mayor and burgesses are to elect. 

L.V, J. Ay, Mr. lH>ll^efi, and you know 
the old charter of London, was to tne mayor, 
comiiK>Aalty, and citizens of Londota, to cbooie 
sMyor; tnA We kiio# Ihtt the imyor, cotn- 



71] STATE TRIALS, 96 CHARLfei II. l684.— TWrf cfl^'m. Euclieverttt,. f 

18 the same thing as to you, whether it be of monalty, ind citizens of I^idon, haVe 1 
right or not? Vou never pretended to keep it chosen a mayor this many hundred of yen 
for tlic king. We know very well, that that election is tm 

Mr. Holt. If so be they omong them- by livery-men : now yon come and say, pr 

let us see how it is by the charter ; why 

well may nul all the citizens of liondon cm 

I lo be at the election of the lord mayor ?_ If y 

I can shew me that heretofore, before this tin 

j that there were other persons th&t used to 

prese:it at elections, you say somewhat : boi 

you have only an ancient right to be prcse 

and they have ravished this right fVtmi yc 

you hnd\l')iic exccoling well to have ftsserl 

your right In a lrp;al com-<;e. But do yon IM 

you arc to regain your rij^ht by club-law, 1 

throwing up your hats, and noLve and rio 

^aiid opposing the king's authority ? 

Mr. Pollfjfen, My lord, we were never i 
opposiu^ the king's authority ; we never wi 
against til eking? 

Jubt. Wit hint. Who was that against, I pit 
when, you said, No new charter, No new chi 
icr ? VVas not that against the king ? 

Mr. LtnclL That was none of us whocri 
out so. 

X. C. J. Who knows in a croud what pen 
in particular makes a noise, or docs not ? Y 
w« ni where you should not have been. 

Mr. Pollexfen, My lord, we pray the ofaaul 
made to tliistown, in the reign of Henry 
which provides, that the mayor shall be chpi 
by the onrgesscs, and sworn by the prerodii 
mayor ; hut if he was not pre^nt, ke shoe 
b<» sworn \rj the c<>runer. Your lordship 
jects the <*asc of the livery-men by the dty 
London ; tiiat is by virtue of a narticnhir h 
law : but in our ca*^, the old cliartcr haW 
prescribed this nietiiod, you will not take it< 
of tliat method, without their producing 801 
by-law for iu 

X. C J. Yes, yes, we shall go according 
the constant usage within memory, because 1 
will not, u)Mm this inf urination, *try the rig 
one way or other, f^hew us I)y the u.«a 
that therc was a prctenrc f'rr suel! (versons 
Mr. Sa»'he>'crelU ftnd the oilicn; here, to 
present at the elections. 

Just. WiC.ins. In this ca?:^ it shall be p 
Rn::.:*d t':.r«» wp.-; a by-law. 

I**;*. J'-.iiUrfcn. I hope you will presm 
nT,;lii;ifjlo iral:;^ us frtiiliy'of a crime ; th 
ought*'* A^tyw lh»' by-law if l!jcy have any. 

X. C. J. "1 think we neeil not trouble ot 
stives nlK)ui that, what by-laws have be 
ma'fr' ; but we find these ;7?rsons in possesd 
of this u«Kige, and so they havtibeen for tin 
IR years past. 

Mr. Pollexfen, My lord, that will not tal 
them a title. 

X. C. X We will not allow the right to 
tiied upon this information. 

Just. Vilthins. Mr. PoUexlen, wbat do y 
speak of stvtraring by the coroner ? That cot 
not be in this case, for the old mayor n 
there. 

Mr. Mhrfin. Not it <he 
Grearei. 



STATE TRIALS, S6 CharL«S IT. 168^4.— wrf tihcrsjor a KM. [74 



fkracelL MV lord, I wmiW only ol»- 
le iliing ; tb« ciime ch&rgf(*^ i)p»n iiR, 
B«t departing after the prodiinrn'tfoii 
■ow I do not observe that ffaoy |ivove 
Sbcbeverell was ever there a/ter the 



7. I thought indeed you wore very 
I were so ea«j;er to spt^k ; but your 
lOD is very much in the wroricf, lor tlie 
NHtire that Mr. Hacheverf iT and the 
le ooin|mny staid after ; hut because 
U observe' it better, call Reynolds 
ftu were so i\ill, you could not let it 
yea fvere tapt. Reynolds, upon your 
fyou make proclamation tliat ull iier- 
Ivfere not snniinoned, or were uncon- 
ilhe ri«!ction, should depail? 
ddb Yef?, my lord, I did. 
/. Did 31 r. iSacheverell, and the rest, 
pe aftemr&rds ? — Reynolds. Yes. 
hnAirpf . My lord, the mayor I' think 
heM not summons any one : tlie in- 
■ is laid, that there was an assembly 
^wmed and called before him. 
1/ He told you he sent to Alderman 
,nl Edire, and two or three mure, to 
Rj and bear the charter read ; and he 
toflBjemt Bii^land, and he was huffish, 
llrtrffckim uiraselt' concerned in the 
hMK: lor it seems hu was notcontinuH 
Mhi rf Teoorder by it. lie tells you 
miMvwas read to them, and with 
Mh liAit read it, did go throtigh with 
i^lrvto mistily interrupted by the 
[taviimade by the defendants and 
SPHgtti proved tirat there was an 
■MiiBoned before hi;n, sure. 
ilkttiaf. Mr. Stanhope, do not ^'on 
Mm^ that he sent to church to summon 
toons to him, and the v would not come 
b«MfiN'them? 

^Utrftn. 31 y lord, they should pro- 
Ikvew ehartor, 1 humbly conceive.' 
t/. I ten you lief ore hand, we are n«t 
#1 validity of the new charter, or 
L hi whether you are j:uUty of u riot. 

BpU. Ny loril, if they were in po.^srssion 
linenil>y their new churtrr. tiMy should 
hnoew eliarter : we ^!l?».!I i.l-fW you 
to the uiavor (::i(l biu'^fCHKCS 



fCm 



Cn you shew a rhartt-r that the c!e- 
ivor, ahlcrnien, aud hur- 



mk. Kwcar l.i'ke Oldham [W^^c^li 
Hl^ Look over that hook, Mr. Oldli;mi, 

Tliii B a In 10 copy of the charter 
led at the Tower. 
When did you examine it ? 
*tnftot tell yon the particular day, 

Itov iMig ago is it that you eta- 




(=a twelve- month ago. 
[liiy iwH liith, b it m true copy? 



Oldham. Y^ I read it over three days a^. 

Clerk reads. This is dated of 'H. etii. 

Ju;^. U'iUiins. Where would ycu have i| 
read ? 

Mr. PoUexfen, We desire he may read that 
part of the incorporating the town, and the power 
ofx-hoosing the mayor. 

Ckrk. Whereabouts is it, Sir ? 

Mr. PoUexfen, Folio 81. [Which trai 
read.] 

Mr. Holt, Call sir Thomas Parkyns. [Who 
appeared, and vi as sworn.] 

L. C, J. What do you ask this gentleman ? 

Mr. Holt. Pray, Sir, were you by in the 
Coundl-Chamf»er at Nottingham on Slichael- 
mas-Day was twelve-month ? 

Recorder, Pray, Sir Thomas Parkyns, let 
me ask you one question ; have not you laid 
out any money in this cause i* 

Sir T, Parkyns, No, 8ir, not that I know of. 

Mr. Stanhope. Pr?iy, Sir, were vou present in 
the council-chamber, when Bft. Wild, the 
mayor, was there; and did you sec Mr. Sache- 
verell, and Mr. Hutchinson come in ? 

Sir T, Parkyns, Yes, 1 was there. 

Mr, S/ an hope, l*ray, how did they demean 
themselves there ? 

Sir T. Parkyns. Vvry civilly, for any thing 
I flid perceive, without any dLsturbance to the 
court, or any body else. 

Viv. Staiihopf. 'Did thcy u»e any gestures^ 
or behaviours, to occasion the nuyor to go 
away ? 

Sir T. Parkyns, Not as 1 know of at all. 
Sir. 

Mr. Stan hnpe. Pray, Sir, will yon tell all 
your knowledge how the thing passed ? 

Sir T. Parkyns. I understanding there was 
to be an election of a mayor for the town of 
Nottingham, upon l^Iichacl mas-Day, us has 
been accustomed time out of mind, a Tcrv long 
while, as I have been informed, at the cliurch, 
1 was there, and went to the usual place in the 
chancel, and there we staid iome tin:.-* till at'ttv 
prayer ; and alW praver there was notice of a 
new charter coming, hut then ! believe it was 
not come ; but, as they were called, the old 
charter-men, alderman Greaves, and the re- 
corder, Kerj(»ant Bigland, and alderman Edgi», 
and sev.'Tal others, forty, I beiicvi; 1 could name^ 
did s< nd to I\Ir. Wild, the mayor that then was, 
and Mr. Rippon, and rtthers, who were then at 
the town -hull, and desired them to come up 
to the chuncel, a.s I am informed, in ordiT to an 
election of a new mayor : but thoy did not come, 
but, as I heard, they Kent word back again, to 
desini aldernmn Greaves, and the rest, to come 
down to the Town-hall, which acwnlingly 
was done. 

Mr. Pollcrfen, An<l wlnt happened then!' 

Sir T. Purkynf. I wasthtrr.ilong with them, 
and went into the Town -hall and so intu a room 
which 1 conceive tluy call th»: council-chann- 
licr : and there upon Sfneml di><conr8es, there 
w< re some were for goin;^ to voting for a new 
mayor, and there wi«rc some that did say, they 
had a new charter, and thev must have a to»ji: 

g 



75: 



STAR TRIALS, S6 Caaslbs IL l6S4^TrM^ Wm. Saektwerd!, 



aciwrdn^ to tint nev dttrto-; wibereoi^a 

Bf9 «fisv<r. 1 U^ik^ nni^ io tint : I ^ fsetbe 
ttiit*;^ ivry UkJfi wM ti»^ i>ear cbwr is a b«z : 
I Uti'jk it WM to, Urt 1 4ij4 not M^sit cptt. 

M/. Ccnif , IVs it wu AM read while too 
wtr* tJ»*;re ? 

K> y. Parkynt. 1 did not heir a word of it 
md ; hot i thuik there was aldcrnian Edzedi'i . 
•av, I 'i'i DM kaow bow I a^n to act bv tue oew 
ciutfter, but 1 ondcntaud what I h-ave to dv by 
the old ch^rtw fen well, therflcrrc: wc w illfwo- 
OKd to the eiectioD of a &evi mayor ; mod then 
upon that aocouot they did go to rodog, and 
wv^raJ totes there were for aeveral persons, as 

SrticuUriv for Mr. £d|^ bimseif, and some ' 
r Mr. TiifJady, but the most for akferman . 
Greaves ; abd,' ^bco they did nDderstaod, 
as I c^ttc^ve, th«t aldermaa Greaves had the \ 
majority of votes, then they did rise np, and i 
weat away. 

yiT.Pohifen. Who did? i 

Hir T. Parkynt, The mayor, Mr. Wild, and I 
alderman liippon. 

Mr. Stanhope. Pray, Sir, did the mayor stay 
all the while the Poll was ? 

Sir T. Parkynt. He was there, I am sure 
while thf7 voted ; that Lam certain he was ; I 
oaonot say he was there all the time. 

Mr. PolUrfen, Did he oppose tlie election ? 

Hir T. Parkvm. No. 

Mr, Pollej/en, Was there any prodamation 
made fur any-U>dy to depart? 

Sir T. Parkynt. None .that I heard of. 

Mr. Jlutt. VVheii the nrw charter was pro- 
durrd, wftH itdesireilby any -body there, that 
it nii{;ht bi* read ? 

Hir T, Parkynt. Yes, Sir, there was some 
thatdiMinxl it mi (^ht be read. 

Mr. Jajv^U. Why wa^ it not read? 

Hir T. Parkynt. I cannot tell that ? but I did 
heortliey should shew Mr. Kdi^c his name in 
the new charter ; and they did believe he was 
ontjnucd in hiit place, and I think Mr. Edg^re- 
plied he hail bis niareby the old charter during 
Lie ; and by that charter he knew how to 
act ; he could notti'U what he was in the new 
charter ? 

Mr. FarcrtclL Pray, Sir, did any of the old 
chartiT-men oppose the reading of the new- 
chartfrr P 

Sir 7*. Parkynt. No, iudeod, Sir, not that I 
know of 

A. C. J. Pray, Sir, let rac ask vou a ques- 
tion or two, you arc a burgtss of this town, 
are you not 1* 

Sir T. Parkynt. Yes, my lord. 

L. ('../. How many years have you been a 
buiifChH ? 

Sir 7'. Parkynt. Several years. 

L. ( '. J. WfM'c you ever ut an election before ? 

Sir 7'. Patkyns. No, but I hare been at se- 
veral of their mWtinf^s. 

L ( '. J. How came you to be there at this 
timn? 

Sir 7'. Parkynt. Upon no invitation hy uiy 
body, but upon my ownacoord. 



LCJ. Hov< 
tiMemofelfai 

t»r r. Pmrkym, Truly, bt lord, I 
OBSv er von to ihaL 

L. r.: J. No, I Wfiere noc ; bet 1 
ask^oaaiMhcrciKStioc: wijoearethcu 
thai? * 

Sir T. Purkyni, Serenl gave their m 

L. C. J. Did yov give any voce ? 

^ssT T. Parkwmt. No, my' iord, I gi 
Tote. 

L.C.J. What did yondothere? 

Sir r. Pwkyrj. There were several 
^eatlemeo of the c o uptf^ there besides i 

JL C. J. A J, there vrere several tbcf 
hadnothinetodothere^aod which shoi 
have been uere : did not yoa hear any | 
m'ation m^^de at all ? 

Sir r. Parkyiu. No, my lord, 1 did n 

L. C. J. Did yon hear no crying out 
conacil-chasikber, A Greaves Biayor, A G 
31avor; No New Charter; Ko New 
ter! 

Sir T. Parkyns. I dki not hear any i 
at all. 

JL C, J. Did yo«ihear nothing sakl, Pn 
the books, pray stav the books ? 

Sir r. Parkyns. Ko, my lord, I did no 

L. C. J. Pray, did you observe any tl 
the workl aboat 'the maoc there ? 

Sir r. Parkynt. Yes, I di<l. 

L.C,J. Pray )etushearthal»lbrl>i 
did not hear a great deal, nor any thing i 
that other peopte heard ; now let oi 1 
you did sec ? 

Sir T. Parkynt. The old mayor i 
with two of the maces, I think, and 
lell behind; and presently after comei 
Mr. Malin, and demanded the other mac 

L.C.J. Of whom? 

Sir T. Parkyns. Indeed, I cannot id 
lord. 

Justice Wit kins. What answer was gi 

Sir T. Parkynt. There were several 
not tell the particular names, that sak 
hud as much interest in it, as MaUn : 
luace ; and the reason was this, it was I 
by several contributors. 

L. C. J. Who was that said so ? 

Sir I*. Parkynt. Indeed, my lord, I < 
tellparticularly. 

L. C.J. Alack -a- day ! now we have 
all again ; pray did not you see the 
called The New Charter as you ezpresi 

Sir r. Parkynt. No, I did not see it 
the box. 

L. C. /. Did you observe when Mr. 
called to read the charter ? 

Sir T. Parkynt. No, my lord, I did i 

L. C. J. I mean when he spoke to m 
ther Bttfland to read it. 

Sir r. Parkynt. My lord, I was tM 
the beginning to the end. If yon please \ 
me, my lord, I will answer you to wfai 
ask me : I think the mayor, Mr. Wil 
spetk to-seneant BigiHMly ead aske 
•omethiag or adrioi^ MH wliel it wm> 



Tl} STATE TRIALS, S6Cmarlei II. l684.— awf others /^ a RioL [78 



B*l tHI ; it WIS wimeihtns' cobc^nin{it Uie new 
»dlKB»1ilclianc( " bud ail- 

fv«reii Jhiio. Do \ < , or us 

^i^umti^ * ' ' itii^- 91 VM. I ^I'tv MLisniinle. 
Mr. This geDtkmao, my lonf, 

Rt€9f4er. Ditl you nee any stniggling about 

Sir r Na, T did ool. Sir. 

iZff9 * anie Soiimer tu leave the 

I dn not know, I cannot 

Dkf yuu liotr any ttiing said by 

NO| I do not. 
j^A.rtj. Dill not he say. Hold tUe 
" books? 

N<n I do nQt remi'mbfT it. 
Mr- iiiiU, Km^did you tftoy us long as 3lr. 
thc^ci-dl staid f 

1\ Parkym^ 1 staid as toug^ a9 they all 

iiaUamay* Didyoa obscnre no noise 

ic. No* by my soiil» not L 

^ Thai IS 81 range. 

Mr. Hafr. He vims not iu the hall where the 

he be in the next room, 

■Ah't 

f'L / ', '0. My lord, I taid 1 waa in 
e|iice called the council housa, and I did 
iPtm tan ilieir alt went uut tofi^ier. 

lUtm4tr, <Va» not you ail the prociamaiion 
<^tb«iBftofIacei' ttud wasthifreno ibrow- 
iiyiyiar hau? 

ivTpPnri "^ V*><, they did, vthen Ihey 
nd God s- ^^» ihe poople sakl Amen 

tiildww ii| 

iff, Sivmhpf^. Fmy did jou h^ar 31 r. Sache- 
ftrvQdMtre ihein to be qiuH and iMjuceable? 

r. T. Pitrktmt^ Ytfs, I did so. 
[JUCX Diii ynu hear Mr. Sachefrerell 
I k«» apokr to th« mayor in the hall P 
f T* J^arkyn^* Nu» 1 w^s not iu the baii 

L J. Did you hear him U'licn hettpokc to 

^ '^ council chatnlser ? 

Not ihflt 1 do recnemlior. 
^^. You say you liciard Mr. 
k to thtni ID be quiet and 

frkynt, N(\ not there, but it was 

l"% own house, 
HoUituay. Waa there any ii[>roar 

Purkifux S*u my lord, but I will tell 
yniha^ was K mulntude of peo))!*^ thcr^', and 
i pv9^ deal t»r ndild<- Uke to be, and Mr. 
^iicWfefatid<^r«Hl the j«*opk' to ^f:^ their bu- 
aaoK mth all mod^'sty ; and 1 think tbi«re 
ivnir.waaafi gremi a numbvr of iieojdw that 
4ft!r earned tlirmvelves more civ illy than they 
M, I iUd not hear, by the oath 1 ha\ c taken, 
«%aastgry pammate word or any thijig ot that 
kiad. 



Hecorder* They wet^ all of a sidetbeiL 

]\lr. Stanhope, Were you by when Wf* 
Hiitcbioson waa sent^vith fir, Gri^ry ? What 
was hcseoi fur? 

^ir 1\ Parkynt. I can't tcU that, hilt f did 
lieur they did go. 

Mr.Shmfwpt. Was he sent to demand, or 
desire tl»e mace ? 

8ir T, Farkym. Indeed Ican^t tdl how i 
waa. 

L. C* X He can tell nothing ? 

RcconUr. I believe ho was worse frtght* 
ed than alderman Parker, he lia^t forgot all. 

Mr. Pollejfm, Swear Mr, John Thinn; • 
[Which was done.] Pray, Sir, were you (ire* 
Kcnt on MicbafhnaH-duy, at the election of th#t| 
mayor of Notiino'baml* 

Tkimt, My Ion I, I hear there are seireral 
gentlemen indicted for a riot at that time, I hope 
i &liall receive no prejudice for giving my m^ 
formation here. 

L.C.J, What do you mean, Mr. Thinn? 

Thinn* BIy lord, I uuder^tanil by some per* 
sons, that there is tike to be im in formation i^ 
brought against me, if I give my evidence a 
here. 

L. C. J. Prithee, man, we know nothing at 
all of the evidence or informatioQ ; if you will 
evidence, you may. 

3Ir. PoiUjftn* Pray, ^r, were you present 
when thi» matter was trao^ctin;; Jn Mivhael- 
maa-dny? 

Thinn* I happened to be in tbe country all 
that time, about a bustneas bt'tween Mr. Edge 
and myself; we me oopanncr« in an estate, 
and we were then upon a partition; and oq\ 
Micliaelnms-day 1 went to church, and beiiig^\ 
at church, and sc^^jog a great deal of company 
in the chancel, 1 went to sec tljc usual cere-*| 
mony of chootiing the mayor, and so ibrth. I 
was there tlien, and while 1 was there in the < 
church, I itaid tb<!rti near an hoar, t believe 
after prayer was done, and there was an ex* - 
peciation of the old mayor, and others, toi 
meet together upon the ekction, but nobody 
came : but al last there was some message 
came dotro, I know not by whom, nor from ^ 
whom, but the general vog'uewas, that it came-' 
from I^lr. Wild the old mayor, and tliai ho had 
sent down to desire the company to come doua 
to the hull, but I cannot say who bmoghl the-4 
message ; and upon this, all the com pan v went ( 
from the church, up to the hall, and 1 went 
with alderman Edge, who was the person I 
had business with ; we went through a great ''• 
room, the town-hall, and then there is a little | 
room within, I think they call the couneiU 
cliamber, and a great table within a rail, asf 
this may be ; and I remenibcr I sat down be* 
hind the alderman : I could olifterve nothing ( 
heat among them at aJI, iior tlie least wt>rd 
that 1 observed, of jangling. There was a bo«H 
upon the table, which thiiv said was the new^ 
charier, but it w^ not read ; but Mr. £dge wAa 1 
olfered to read hi<d own name, to shew that he | 
had power to act in it ; but he did not know 
how far he might act by that^ aad therefore he 



79] STATB TRIALS* 36 Chablbs II. l68i.— TVto/ oj Wm. S$ckev^U, 



was proeeediDgto twetr the officer aooordiog 
to the old one. 

Mr. Polltxftm. Was ibore any cry, or any 
noise there ? 

Tkinn. I do not know that I beard any one 
say any harsh or ill word ; tbera was not so 
much as a shout. 

L. C, J. Did you hear any hubbub, or tu- 

Tkinu, No, my lord, not in the room where 
we were. 

X. C J. Did you in any other room P 

2%imu I cannot tell that, there was a gveat 
many people about the window. 

Mr. Holi, Did the old mayor, Wild, sUy 
there white they elected Mr. Greaves? 

Thinn. lie staid there some of the time. 

Mr. Siamhepe. Was he thei-e all the while ? 

Thinn. 1 camiot say but that some of the al- 
dermea staid all the time, and some of them 
iTiFe their TOtes for Mr. Greav es. ' 

Mr. Lovell. What did EAge do ? 

JTunn. He took the. poll, and to the best of 
my romembranoe, alderman Parker, that is 
«Be of the aldbrmen that has been here, gaFe 
his vote for Mr. Edge. 

Mr. Loveii. Did the mayor, Wild, stay till 
the poll was cast up ? 

X. C. J. Poll, we hear nothing of a poll ; 
Who gave you authority to poll ? 

Mr. Lovell. He that was in the new charter 
appointed mayor, yet sui<^to see the election, 
and then went awa^r. 

Mr. Foliexftn. 8ir, did you hear any pro- 
clamation made in the council-chamber ? 

Thinn. No, Sir ; I came from church with 
Mr. Edge, and the rest of the gentlemen. 

X. C. J. Were you there when Greaves was 
sworn P 

Thinn. Truly, my lord, I don't remember 
ihat I was. 

X. C. J, I desire to know by what authority 
Mr. Edge swore him : let him k>ok upon tlie 
statute of Praemunire, and consider wiih him- 
self about it a htUe. 

Just. IViihins. As far as 1 find, this gentle- 
man was not much concerned, and did not mind 
what was done. 

ThinJi. No truly, Sir, not I, much. 

Mr. Ilolt. Did Mr. Sacheverell go with you 
or stay behind. 

Thmn, We went all together. 

Mr. Blencow, Pray su ear Mr. Pole. [Which 
Fas done.] 

Mr. Stanhope. Pray, 8ir, were you in the 
eoupt^l-dbamber at Nottingham on Michael- 
roas-day was twelve-month P Pray tell us what 
happened there. 

roU. I have lived in Nottingham about IS 
years. I used to go and see tJie uiiiyor and 
other ofiicirs swufo : upon this day 1 n as at 
church, and they went to prayers, and after 
prayers were coded, 1 think there was Mr. 
Gregory and Mr. Hutohinaon, as I toke it, sent 
by soittB to dcsicc.the mayor, that was Wikl, to 
) W ichMwh, that they micht pitNMBd to «a 

tMSQsriiiMr ^ ^ aU dhiKtoi:; bul wbai 



answer was returned I cannot say : 
that, as I take it, there was ddermi 
aind alderman Rippon dU come and 
the company, and said the mayor dcs 
to come down, lor they had the nevi 
and he was to have their advice how t 
upon it. While they sat there, I wa] 
the church to the town -hall; and ; 
while the company from church car 
town-hall : when they were there, tl 
desired serjcaut Bigland's advice hov 
ceed upon the new charter ; says he 
desire my advice as recorder or as 
and I tlkink as to that he gave no anst 
like question he put to Mr. Edge; 
Edge referred it to seijcaut Bii|;land' 
and I think it was a very good one. 
while, some of the company that u 
the electors of mayors and sheritFs, 
the clothing, cried, let us go to the | 
I think Air. Edge began to take the 
there was several that did vote, but 
the general cry of those that were ii 
the new and to the old charters. 1^ 
were in the new charter gave their v 
not for Greaves ; 1 do not remember 
did when the poll was taking. 

X. C. J. Who directed the poll, prs 

Pole. I tliink it was some that wer 
old charter; but I think it was the gc 
sire to go to the poll. 

L,C.J. Who took the poU? 

Pole, Mr. Edge took if. 

Mr. HoU, Did the old mayor pro 
electiou, or the new mayor, or uo P 

Pole, No, 1 do not *know he pro 
but it was put to him. 

Mr. Stanhope. A\ as he present at : 
tion f^-Pole. Vos, he was. 

Mr, Stanhope. Was he|iresent \iltc 
was taken P 

Pole. Yes, he was. 

Mr. Stanhope. Did he contradict it 

Pole. I cannot say he did contradi< 

X. C. J. How many of these elect 
}-ou been at betbre.^ 

Pole. I was not by at the nominati 
I could not be, Ilot they excluded all 
that had votes. 

X- C /. How came you to be so I 
be there at this tiuie ? 

Pule, I went of my own accord ; 
desired by auy lx)dy, any more now tl 
years, but used as much as 1 could to e 
to be at the swearing of them ; lor 
eluded all people usually out of the 
where the election used to be, if they 
of the clothing. 

Mr. Stanhope. Who gave the oat 
person elected usually P 

Pole. The coroner used to give tL 
his oath. 

Mr. J^avell, Who used to take tb 
other electipus? 

Pole, I canout say who took it, iis 
were exdudod the obanodi ; but it 
reputed that Mr. Edge used to take it 




STATE TRIALS^ 3G Charles IL 1684.— tfwef qthenjor a Jlkt. [82 
^Vlkocame to fclcb \ott from 






Blemtom. 
f 
Bok* f lliiflk ildertnan Ripjmu and aUter- 
wam Pirier dtd desire ihem to come to the 
\gmm4aa\h ^m\ I think Malio was tSwrc^ bat i 
^ CM mot tell ^\\%l he said. 
^H Mr B/rftCi>9L\ Wbo was at church then ? 
^H L. C J, Prmy, were you dm red to come ? 
^KP«^. No, 1 wa» not. 
^B JL C /. Wat Mr, 8adieverell ? 
^r I^( N*>, ! do noi know that he was ? 

Mf . Stutihajfc, When the^e g-entlcmcn came, 
did they beh:ive themst^lres civilly f 

/>ofc. V'e»; I «*w nothing hui civil hcha- 
Htm : there wis a great concourse f>f people^ 
IbdifT^ most of the well-wishera to tlie otd 
•ftl sew diarter were there tliat day. 

L. C. J. Can you say you did not hear a 
|Rit iltal of ooiiie and hubhuh ? 
JMi. I eaODot say so. tior truly can I say 

L C. /. Do you heliere you did or noi ? 

B^ But I believe I mit^ht hear aotne 
mm\ but 1 was in the council -chamber , not 
ial^bilL 

JiflL HUtam&f^ Was sir Tli omits Parky n& 
♦•wf— i*o/c. Vea, he was. 

i.C /. Wis Mr. Thiuu thet^ ? 

1^ Vc«« 1 think 1 sat next lum i^heii 

fSuftamef^m church: 1 did desire to §ee 

fhe fr^iOBcdiii^ of ibeday, and 1 tlitnk f dined 

wHk iha camjiaoy, and went in with the first. 

LCJ* Did you see any thing ubont a 

BqU. Vfs, I think 1 did nfeaomething about 

It.C. J* Wby then prithee tell lue, as near 
at tto caa fiie«, what thee didst see about 

Afe. Whea ibey went out. Wild and his 

y, themijm was full of company ; and, 

t, or wbtiever it was that 

t the mace behind him ; 

fur the mace, 1 think 

^ntlemen of the council 

Mid would not let him 

, who was that one gen- 

"%tiif e, 1 believe it tnigbt 



ultatprit. 
tMlatakc I 

iflt aasoi 
^ QUI ii iixmi 

LC.J, A- 

J>^ 1. 
kit rfHrJ 

t ( jiriihec, wilt thou tell me that 

ti, no «hutitm^, nor nnist^, nor hubbub ? 
ihU* Id the C'jiuitil chamlicr, i am satiiii- 
i Mb ta myself, I heard none and believe 
kj none; I will not say there was not 
Itks ha1i» for I was not there, 
Joti. Hollmray. Did ytju hear any one cry, 

P«^ ibeve was at tliat time a dts* 

.^ ,.-.ijk8. 

lJL C. J* Ay, tell mc now who tliai dispute 



amoQf the gownmen 



,fak, I 1 is 

|L C. J. \4iu aay well, name ma some of 



p0k. V cannot, iiidee>d, ray lord, name any 
particula]- person. 

Just UoUowuy, Did yon liear Mt, 8ache- 
Tcrell speak any thing about ihe books? 

Pole, I think I did, I believe it was one uf 
the ctothiog. 

L. C. J, Prithee, canst thee not gue» who 
that man of the clothing waa? 

Pofr. ff 1 do guess, my lord, I cannot speak 
positively. 

X, C'/. Prithee, do not sav so, 1 know ihce 
canst if thou wilt, come, recollect thy meraorj'. 

Pole^ My lord, I would remember it, and 
^X the person^ if I could, but i canuoL 

I. C, J. Hut tts near as thee canst guess, I 
know thee hast a goo<l gnef» with thee. 

Pole. Indeed, my lord, I cannot. 

Mr. Powit, Did you observe that he did any 
ways concern himself about the election, 3Ir* 
Hacheveivll I mean 7 

L. C. J. What did he do there, Mr* I*owi« ? 
he WBS present there. 

Rti£ord£r, Was not he the head of the oW' 
charter parly ? 

Pole, The oh! charter people t(wk it that the 
surrender had t>een 6urre[Kitiously obtained, and 
1 think he might say they had a good right to 
insist upon the old charter. 

L, C. X Who said so ? Mr. SacheTCrell ? 

Pole, i believe J did hear hiua say soraeihing 
to that purposf, b(Tt I cannot positively say 
what ; 1 dare not undertake to say what par* 
ticular persons f^pokc that day. 

RecortUr, Was not hrfor reading of the new 
charter, upon your oath ? 

Pole, I cannot tell whether he was or no. 

Recorder. Did he not bid the people be 
quiet? 

Pole. I cannot say I heard any such thing. 

Mr. Ward, Did not you hear him say any 
thing to the mayor when he came into the 
council -house? 

Pole. No, I did not. 

5Ir. Ward. Did not you hear the Serjeant 
make proclamation for all people to depart that - 
had no business there ? — Pole. 1 did not. 

L. C, X What say vou, Reynohls, did you 
make proclamation in the council house by the 
mayor's direction? 

Rei/noids. Yes, I did. 

L. C. J. And yet you said you staid there all 
the liiue. 

Mr. Blencow. WhcD the shout was in the 
hall, pray, where was Mr. Sacheverell ? 

Pote. He was in the council-chamber : tha 
occasion of ihe shout to be in the hall was this» 
when the poll was taken, and the majurity ap* 
peared to be for Greaves, Mr, Kutchinsoa wa« 
seut to acr|uaint tha mayor with It, and to de< 
him to come, and be prefeot at the swearing of 
him, 

X. C. J. Who sent him ? 

Pole. Mr. Uutchittson and they can till 
themselves. 

X, C. X But who do you say sent him ? 

PoU* 1 ctii*t tell particulany, they caa beel 
tdl. 

G 



83] STA'IS TIUALS, 36 Cuablss H. iSSi^TUU of Wm, tMunrM, 



L, C. /. But who told yoa so ? or did way 
body tell Tou so? 

. Poie, I was told so by sereral persons that 
fi'(ere sent 

I. C. J. Prithee, who told thee ? 

Pole, I believe I may have heard it from 
hiimelf, that he was sent. 

X. C. J. Who did he tdl you sent him ? 

Fote. He did not tell me who particiilarly. 

Mr. Fareu'cU, My lord, I desire to ask Eepr- 
nolds this question ; Who was there besides 
that heard you nmke the prodamatiou ? 

tUynoldt. The mayor was there. 

Just. Hollanay. They made such a noise, 
that perhaps e?ery body could not hear it. 

Mr. Pollexfen, Pray swear Mr. Slater. 
[Which was done.] 

Mr. Holt, Were you in the council-cham- 
ber on Bf ichaelmas-day was twelTemonth in 
Nottingham P 

Slater. Yes, 1 was. 

Mr. Holt, Pray, give me an account of 
. \f bat, passed there, and what you observed. 

Slater, I was at St. Mary's Church with them, 
and came down from the cb urch with them to the 
council- house ; and when they came, they went 
in(o the council-house to the mayor that was 
then, alderman Wild, and there they went and 
staid some small time : and then the mayor and 
aldermen came out, and came to the common- 
ly and staid a pretty considerable time ; and 
wsa came Mr. Hutchinson and Mr. Gregory 
to his worship, aqd told him, and it please your 
f^orahip, the council desires yon to come and 
hear Mr. Greaves sworn mayor; and at that 
word, the mayor replied to them, that he would 
oome to them presently, if they should have 
done there : so presently after some cried out 
A Greaves mayor, a Greaves mayor ; and al- 
derman Rippon and others bid them hold their 
tongues, or it should be worse for them ; but still 
they cried, A Greaves, a Groaves. 

i. C. J. Where was that? 

SliUer, In th^ common-hall. 

Mr. Pollexfen, What the bnrgesscs cryed 
out so, did they ? 

^ater. The people in the hall. 
. Recorder, Was not you one of the shoutcrs? 

Slater. No, I did not shout. 

L. C. J. Were you one of the clothinsr, une 
of the council of the town ? 

Slater, No, my lord, I was not. 
. £. C. J. What business had you there ? 

Slater. I went to see, as others did. 

Just. WUkint. What trade are you? 

Stater. 1 am a taylor. 

Just Wit hint. Do you use to go to church ? 

Slater, Yes, Sir. 

L, C, J, You say the people did shout, A 
Greaves mayor; did vou hear them among 
that shout, cry. No New Charter, No New 
Charter? 

Slater, I cannot say any thing of that. 

L. C. J. Canst thee say thou didst not hear 
any such shout ? 

Slater. For my part, I can safelv say I 
heard nothing of it. Then I see aldemuui 



Wild take a book in his hand, as to tak 
oath, and then there was a shout, A Gra 
mayor ; and alderman Paiker went oflTi 
the bench, and saidi A Riot, a Riot. 
' Mr, PoUejtfen. Swetr Ro^rRyley. [W 
was done.] 

Mr. Holt. Pray, were vou at the electii 
a new qiayor at Mich|UMmas-day was tv 
month ? 

<Ry'^« I was at the first nomination, in 
was the 14th of August 
Mr. Holt. Who was named then ? 
Hi/ley. Mr. Greaves. 
Mr. Holt, Is thet the custom of the tm 
nominate him before ? 
R^Im, Yes, it is. 

Mr. HolL Were yon there on Michael 
dey? 

Hyley, Upon Michaelmas-day I wasi 
nioued in upoa the clothing, and then 
new mayor went to the old mayor,* and «i 
there a long time to go with him to | 
church; at last theoU mayor would n 
but staid waiting for « new charter ; a 
went to church and heard the prayen 
^m the church we went to the ball aoooi 
to custom; and there was the new n 
there, Mr. Greaves, and he was sworn n 
there. 

L, C.J. Who swore him? 
Rylof, Alderman Edge. 
L. C. J, Did you ever know him sir 
mi^or before P 

Just. Hollomay, Did you ever knc 
inayor sworn betorein the absence of tb 
mayor? 

hyley, 1 have known many, I have hei 
the council these c^liteen years. 

L, C. J, You say you he^e been o 
council these eighteen years ? 
^y^fy- Yes, I have so. Sir- 
L, C, J, And have you been present 
tlic new mayor has been sworn ? 
Ryley, Yes,! have. 
L, C. J. And do you. know that the 
mayor was. sworn when, the old mayoi 
i not there? 

Kyley. I have known many sworn, I 

but I caun(»t tell whether .1 ever knew bu 

the neiv niavor was sworn before the old no 

L.V. J. I'hcn when Edge gave Greav^ 

oath, %«-as tht: old mayor there '^ 

Ryley, He was iu tlie room when h< 
chosen. 

L. C. J, Was he there when he was s 
or when he was going to be sBom ? 

Rylcy, They would not abide tlie plao 
went awav. 

L. C, J. But, prithee friend, don't 
thou art upou thy oath ; was Wild, th 
inayor there, when they gave Greave 
oath? 

Ryley. I douH know exactly the nai 
when he went away, but he was there, 
thev voted him. 

L C. J. Thou art a prevancsting shi 
fellow. 



m 



STATE THfAIA 36CiiAliLBS IK iSs^.^and others, far a liiof, [88 



■M^ fli^seiribr til fU«» tii^ci tnil couatry. 
li. C /. *8|Mftk l)i0 nutlii ntaiit Aot^ nrn^f er 

i^» vvtiB^i *l>*t ^^ tit tri^tit 11 wa^^ I donH 

L C i H'li lie IhCTT fHicn Greav« was 

%%. I cma^t Ids tiiAl, if it fXea&e y6%k\' bo- 

Vr F ki wmeU^ My Um)^ I deiti^to aslc tiirn 

Bat Hm SHdi wmiH Answer ft (lues- 

«!. jfaUtewy. t Mb stiks 

ymy e»fM'i€%n^ lis. 

* Ftrrr^ft. BIj Jui^j, 1 tlt^iic to ask bbu 
p« the lM*ttavt«tir of the cotupany atl the 

inj iv«rc there in thi^ cQuncU- house ; wis 

ay tomrtisDce Uirre f 



LCJ I Bile jfnu ngoi 

I nmir? — R^/rv. I he«4n1 i>oci«. 



ic y^no ngain. was thcn^ no pro* 



b. FarvMr/i. Dtd~yo*ii tJike notice of Hey- 

ild^. If# iAii^ltt le Uiere, for oufbt I 

ttr. Tmrmtiln Do y«ti ItcKeve he could 
■lift t ^nidHMisoiLf ft0<J you not hear it i* 
%l|. 9i» I item*! IffKtw hr»w he shouM, 
■E iWUiw. Call ThoiTiHii .^luxio^v mt\ 

^m^W^m. l|Areyotiiiiiyniot« witnesses, 

Vf . fi4i^ai U> l^iftVc iiiniis tny 1oni| if 

IJML W«r« ym of a 

' V^tf A» inwn fC Nottttighaiiii MidiHf Itnfts- 
" ri»i U<lvi«- mr»Trth ? 

Iliiin. 1 1^ chureh« a<» the cus- 

^Wl lAfcf , I' cx;>€)cl«tl to go to 

iC J. Ay, |irith4*e ftpi^al: otit «s if thou wast 
I ; ycrti woahj Utii'e shouted thcn^ f 

WImo ^e wrr* al O'^ -'Unt* h, vre 

s^ <»yectiiig to have and 

if llic ootiUMnV. f> the 

; lA t 1 cu!5toni. 

; &lr. Y«U1la^ >4 the 4^leetion 

-diay VjUb t tih j pray 

I hav tSKRir* wr*" »••' f 

kdUr 1 T ad It came to 



;rd the Section P 
Tna«'tK|i»estJoii^ 



.Jii^ It . 

»et 

J iPi^ - ! . 1 ii »ot« there, 

„ I; Dt you kooir auy thing of this 

I Inmw liirfv WM ft (air election 

JKmiAm. Wa« fct ixicfiM e and qma? 
ifA». YW,llKf»inilidtliilfitittnt'«; at aii 



1^1 r. St an hope. Was there no »houtinj; ? 

Mntkm. N<> shootluj^ that 1 hcnnl 

Mr. Halt. You were in the vmcv room, 
wepetiot jon? 

Musloti , I was in the coiincH-houiie, 

Mr. lloU. Were yoti k^ot in the hall? 

Miixl*mf, I wuB in the IiaH, ak ive MtiitouL 

X. C. J. Dill you hear nothing^ ofiTjing out, 
A Greaves, a Greavci? * 

AfuTiow. N*v I can't remember that, 

L. C. J. Wtre you iheni? wben Great cs wa»l 
sworn ? J 

Muxtow, Yes, f was, wlien AWertnaOj 
Greares was sworn. 

£- C J. Was you there when the maee wai ^ 
taken away ? 

Muxlow. ^fo, my lord, 1 wtts not. 

1" C, J. Who swore the mayor ? 

Jlfwjr/wr, One ofthecoroiic 1*13, 

X. C, X Was the oUI mayor there when ih* \ 
new mayor was sworn T 

Mnxlom. I can't tell dint. 

JoBt. Withtm, None of them can tellthaCiJ 
or will tetl it. 

3Ir. PoUexftn. Swear Burroughs and Par- 
ker. ' [Which was done.J^ 

Mr. Lovtil. What is your uame ? 

IiHrroiu^K$, Mv name is Burroug-hs. 

Mr. Lcvell. Were you present on Michael*] 
mas'day at the electiou of a mayor of Not- 
tin«fham ? . 

Bnrtvughi, I wau one of them that were ftil 
thii hu!l ; when I was in iho hall^ there camii T 
a gpeiitlenmn, one of the eotinc:)l -house, and ac- 
quainted Mr. Wild, the present mayor, thalj 
the biir^esaes had elected Mr. Greaves mayor, . 
and tfie coroners were proceeding to swear 1 
him, and asked him to come ana hii'nr hitii [ 
sworn ; nnd he said he could not come pre- 
sentlVt they must wail a-while: he was a«ke(l j 
liow lone, he lold tliem by and Uy ; w ilh that, i 
»omeb*iffy cried out, A Ureftves, A GrcavcS|j 
and there W}\s a great shout. 

L. C. J. Where was that shout ? 

BuTTuughs. lu the hall ; but then the gfeti- 
tlemen were tn the council-houEc. 

-Mr. hlrncoK!. Where was Mr. SachevereUj 
then ? 

MurroMghi. He was in the council- house. 

L,C,J, Well said: now yoa have made] 
this ltd low trwear through a wall, that your * 
other witnesses could not hear tbrouf^h. 
Prithee, friend, were not tbou one of thai 
clotliin^ ? 

Burfovgh*, No, my lord, but I was a bur- J 
gpeia. 

X. C. J, What did you do there ? 

Burroughs. There were other burgesses ttOt j 
of the dothiug betsides nie. ^ J 

Mr, Holt. Come then, our next witoefts it] 
John Parker, 

£. C, J. Reynolds, did you see this felltyw] 
there, was he one of tlje shouters ? I 

JUynoldi, Yes, and he dmi^ up hi« hat ibuftt 1 

L.Cr J. Were you one of the shouteis ? 

BurrmteJu. I cannot my I did not shout. 

X. C. X Old you fiing^ up your bat ? 



87} STATE TRIALS, S6 Chabibs II. 1684.— Tria/ &f Wm. SadmertU, 

Burrougha. No, I did not. 

L. C.J. Did you do it over vonr bead ? 

Burroughs. It may be I niigBt. 

Just. HoUoway. Tf ere you by , when Greaves 
was sH'orn mayor P 

Burroughs. No, I was not, 

BIr. Holf. Well, what say you to this matter, 
Parker? 

Parker. Gcmg by the street, I met ibe new 
charter coming down, Reynolds brought it ; 
so I turned bade SLgsim to the mayor, and after 
he had received it, pray, says he, go up and 
tell Mr. Sacheverell, and some of them, that 
thev win come np to the church, and if they 
will but stav there a- while, we will come to 
them : so I, and another, and two or three 
more, went up to the church, and told them 
the mayor would come and wait upon them, 
and bniig the new charter ; upon that Mr. 
Sacheverell looked upon his watcb, and staid a 
considerable while, and lookcxl again upon 
his watcb, and I heard him say he had staid 
above an liour, and presentlv a message came 
from the mayor, desiriug them to come down 
to the Towu-hallto wait upon the mayor. 

Mr. Stanhope. Who did the messenger direct 
his 8j»ceeli to ? 

Parktr. I suppose it might be to alderman 
Kdge and scgcaut Bigland. Says Mr. Sache- 
verell, we will ffo down, and see what they 
;uiy to us : so tfiey went down, and we went 
with them ; they got many of them into the 
council-house, but [ could not ; so I stood in 
the hail, and waited all the while the gentle- 
men were in the council- house ; then there 
came out alderman Hijppon,the mayor, and Bflr. 
Mulin, and by and by ailer them, alderman 
Parker, out of the council- bouse, and sat down 
upon the bench ; Mr. Malin had not his mace, 
and he was ankcd where it was, and they said 
they had it in the council- house: so, said they, 
you had best have u care of your sUilf ; no, 
said he, before they take my staff, I will 
break it over tlieir pales ; and by and by they 
proceeded to swear Wild mayor, aud they uerc 
about to give him some of the oaths, I suppose 
of allegiance and supreinacy j but before he 
said any thing, tliciv came two of the council- 
house, and iold him, they had elected JTr. 
Greaves mayor, :md desired the mayor, and 
the rest, that they would please to coino and 
hear thim swear the mayor ; he said, he could 
not come ; but come, coinc, says he, we will 
go o;j, jin-1 upon this they proceeded to give 
Mr. A. Merman Wild the oath, and when they 
had gone half way in tlic- onlli, somebcMly 
came and iTic<l out, they woi*e sweating Mr. 
Givaves mayor, and upon that both parties 
gave a shout, and one cried, A Greaves ! A 
Greaves ! and anotlicr nicd, A Wi'ul ! A Wild ! 
And upon this, alderma:i Nippon had the new 
charter hy him, ami he took it out ; look you, 
said he, we do nothing hut by authority, we 
have his ma jrsi.y''i order, and the broad- seal, 
and Uicreupon sat ilown again ; but somebody 
told him it was commonly reported they were 
deprivetl of their privileges ; he said, it was 



not so, if it was, he would forfeit his hi 
his estate : upon that, they proceeded 1 
Mr. Wild ; the burgesses gave aoothei 
but not so big as the other ; with that a) 
Parker went out, audi think, cried, 
a not. They sat a little longer, and 
desired to send tor alderman Parker a* 
said they, he won't come, and so the 

Sered a little upou the bench, and ^ 
own the street, and I went down the I 

them, and in Street- Gate, they i 

alderman Parker ; and he was cominf 
hall again, and he turned back to the i 
and 1 went to the council -hottse ; but 
hear nothing, only that afVerwards 
mayor's tht y called the gentlemen, an 
them according to the new charter. 

I.. C. J. Were you one of the electc 

Parker. No, not I ; I was not cono 
anv side. 

Mr. Pollexfen. Were any of the dei 
Mr. Sacheverell or Mr. Gregory at th 
inginthe hall? 

Parker. Not that I know of. 

Mr. Farewell. He says, my lord, 
mayor sent to Mr. Sacheverell and 
come from church. 

L. C. J. How do you know the ma 
to Mr. Sacheverell? 

Parker. My loi*d, they directed thei 
to the persons that were there, 1 cann 
say to whom in particular. 

L. C. J. It has been sworn they 
their speeclito alderman Edge and 
Bigland. 

Parker. They told it when Mr. Sai 
was present, and so he went down wit! 

31r. Pollexfen. But this appears by 
dcnce, that the Old Corporation is by tm 
mayor and burgesses, but we know 4h 
aldermen since, and so it is according 
as it is laid in the information ; but 
put in their new charter. [Which v 
and read.] 

Mr. Pollexfen. Is there not a prov 
that the mayor should not act till he hi 

L. C. J. Admit it be so, what then 

Mr. Pollexfen. Then it follows that 
be not guilty. 

L.C.J. How so? 

Mr. Pollexfen. It is plain, my lord, 
man should not take upon him the 
mayor till he has taken the oaths ; tl 
pose they take it tluit the old charter 
by this there is no new mayor till ! 
tually sworn ; then all these things b< 
before lie was sworn, it cannot be that 
such an assembly as was laid in I 
maiion. 

L. C. J. You mistake yourselves s 
proclamation was afler the swc^ariog. 

Mr. rollesfvn. No, no, my lord, ] 
mistaken in that. 

L. C. J. Reynolds, Was not the p 
tion madeaf^er he was sworn ? 
Retinoids. 1 cannot tell, my lord. 
L. C. J. M'here b the mayor, Wil 



STATE TRIALS, 36 Charles U. l6Si.—aHd otker$./of a Riot, 



[90 






jtm 9i«orn befoire you gave 
prtK-lftmntion to depart or no F 
certainly tell, but I lliiok the 
^as made in the council- 
iMwasbt^yrel wa« sworn ; the prO' 
■ mAcntmfds was allfer 1 was swum, 
ln^. Where WHS the proclamation 
as r«rorti f-> Wild. In the halL 
Dill Mr. SachcTcrt'U continoe there 

!, wiy loni, this I think 

Icnce : in the countiU 

' the greater jiart 

i\ then ihcy uent 

^ ; und they setit 

mayor, when h* 

-i was electcsil, and | 

111 to swear him, but he 

iras dune, lie wns not 

ipon thiDi, there wss the siiout of 

Greavi^ ! A Greaves I All this 

k, U tore he was sworn* 

The major htiuself says he was 

I was just come into the 
; iues9en|ter came in ; hut I told 
Bid Diake no ucw election without 
K^/M«iicn of the new charter. 

i as to the htjsine&s of 

, itarinBtion will not hohl 

, because then he wns not mayor. 

" (Iocs not allect the mayor but 

'"csnot. 

; . mv 1^1^, »« this infor- 
kid^ be :>uys ne was mayor, nod 
wmtbly, ami it wa^t hi- Id before 
liopT* ^ere done j but this 
by this vcfy new ehatier 
!lure he can act, and this 
In^^ OS tliey call it, anil 
mace was before he was 
[brmaiion supposes all llie 
he was nmyor. 
I think it does upprar by Wild's 
bt be was not sw oi n when procla- 
~ io the I'oiincil chamber; nm! 
but one prorhunation made 
ule Jilicr, and ibat \mi% 
siihniission, that doc^ 
m wnc in thecouiicil-cham- 
id not hear the proclamn- 
ifbrmaxion is laid, that they 
the proclamation ; tht^rcfoic 
it to \f»ur liuikliip and ti.e j(iry. 
ell then, g<>ntlrnirii of ihcjiirVi 
»eld |nntr» b"t i^'f •[ r^ti.in is very 
tsan ! by >lr. 

Cicncnil , which 

ilar ntuue^ uvts iiy same ui' the wit- 
'orn to be present when the occasion 
ariaep 

. Pray, Jtiy lord, giirc m^ jour 
is ooc of the defeudanlK cayy, he 
t** prove be was not Uier« ; it is 

Is, upon your oatii, ifwi you 



Mr 




R'j/noids. Yes. I did. 

Just. Withem* Mr. Mayor, did you see him 
there ? 

Wi/d. Yes, I saw him in the hall. 

Just^ WtthtTU, Was he busy in the ball ? 

Reynoidt. Yes, he was shaking his bat, and 
sboutmg. 

L. C. J. Well, now where is your witness ? 

Mr. PoUesfen. Swear Mr. plaits. [Which 
^vasdonc] *W hat say you, was 3Ir, Turpin 
there f 

F{mtt, He was iu the hall that day, but not 
above a quarter of an hour, 

L. i\ J. You were thtre, it seemv, pray had 
you a vole there ? 

FiuU%. I went to speak with ^tr. lurpin 

3lr. Polk jj en, >Vus lie in the halt when the 
mayor came into the hall I* 

i'lniti. I never saw him there while the 
mayor was there. 

Sir, Poltexfen, I pray swear Mr* Holt. 
[Which was done] Prav was Mr, Barker 
either in the hall, or in tbe council-chamber 
that day. 

Holt. No, I was at work with him that day 
from six of the clock in the morn* oji;^ till eight ct 
night. 

L.C. J. And he was not out all the time ? 

Uok, No, be was not. 

h. C J. Well, have you done, (gentlemen ? 

Sue ft ever eli. My lord, here is Mr. Serjeant 
Bi^land, 1 deMrtiheioay he examined. 

L. CJ, Ay, with alfmy heart, Hwearhim. 
[Which wijs done J 

Mr. PaUfrjhi. Mr, Serj. Big^hmd, I think 
you were down ut the elect iun of this mayor 
upon Michaelmas was twelve- month ; will you 
be plcu >chI to tell the court and the jury wliat 
vias do lit* ihun :' 

8erj. Btfiltittii. I will ijive you as short an 
account as I can. I was in my house when the 
ma) or and aldermen, sent to me to desire me 
to Jive my attentlance : they sent the two she- 
rills to me, and I did attend, and staid an hour 
ortwo, and w**nt to church, according to the 
iisiin!roMrse ; and wbcji we had been there & 
while, alderman Itippon camt* to uie, and dc* 
Kired me that 1 wmihl tz^t t^nvn with them to 
the hail ; accordingly I did |^o down, and there 
was Mr. Wild and several aldermen sat there; \ 
so then they prorcjcdcd to that that was done 
towards an election, 

Mr. htvttf, Piay, Sir, how was their car- 
riagfe during the linic you was there ? 

Serj. Bi^iaud, I sat then iu the council- 
chamber, 1 think I sat neict the mayor, jinfl 
Mr. Edj;e, I think, wa^ next to nne, and I saw 
nothing of disorder ai that time, that I took 
notice of 

Mr. Loveil. Was there any proclamation 
made for people to depart f 

Nerj, Higinnd. Upon the oath that I have 
taken, t do not remember it. 

L. C. J. Pray did the mayor ask youi* advice 
about any thiujSf ? 

Serj. Higinnd. Yes, ray lonl, be did ; and I 
fiaidto hint, in what ca(»acttyf i^ir, do you denre 



SI] STATE THULS, 36 Cuablbs II. \6^4.^W0i of IVm 



my counsel^ as recorder, or how F and m be 
«ud no more to that : hut he s*«d lh«re whs u 
new chiuter, but whether he desired mc to read 
It or no, 1 cantiot telL 

In. C. X Was it opened ? 

8erj. Bigland, Some pnuiof it was opened. 

L, C, J. Upon your oath, did yoii hear Mr. 
Sacheveretl apeak* to the mayor r 

$eij. Bigiand. No, my iofd, I do not re- 
memher any such thin^. 

L, C* X Pray let me otk you, you hafe 
beeni before tliis, at etcdiaiia i»f mayors of this 
towo? 

8er). Bigtand. I wok deputy- recorder in my 
lord marquiii ol* Dorchester^s time ; as soon as 
be was deadf 1 was chosen recorder^ and then 1 
wasat one election at another day, when they 
do Qominatef which is before Michaelmas. 

Mi\ Holt^ Pray Sir, was there any distur- 
bance f — Serj. Bighnd. None that i saw. 

I^C.J. Waa ihefie any shouting that you 
li«ard? 

Setj. Bigiand. I was not in the hall, my 
lard ; In the council *ch amber there was none, 

J oat. Holhm€y. Did you hear any body cry 
A Groav^es* A Greavea ? 

Sen. Btgiand, 1 heanl a noise in the bail, 
but wtiat it was particularly, I cannot lay. 

Mr. HqU. How long did you stay in the 
eouncil-ehamber ? 

Set}. Bigiand, I believe 1 ^id as long as 
moti m the company was there. 

L. C. X Did you stay while Greai^es was 
aworn P 

Serj. higland* My lord, 1 believe I was 
there Ihenr 

L. C. X Pray what authority had yon to 
iwear Greaves f 

8er). Bigiand, All that I know of it waa, he 
was iiominated at August accortlingf to f!u<»lom. 

L. C. X But whul occiiJ»ion bad you tw be 
present tbtn, and what authority bad you to 
awear him ? You are a gentleman of the long 
robe, and t.bould have known bett^-r. 

Serj. Btgiiind. Truly% niy lonl, he was cho- 
aen by those that had a right to choujw in Au- 
gust before. 

L. C J. But what authority had you to 
awear him ? Why did aot y^H send for 'some - 
i body out of the streel to awear him ? I reckon 
it to be worse in tbose people that understand 
tbe law, than in others, that they should be pre- 
saot at aurh things, and not advise people bet- 
ler ; here is aerfeaut Bigiand and Mr. £dge 
have mighty squeamish stomachs as to the read 



' intf'of the charter, and nice questions i Do vou 
aik me as liecorder,or aa counsel f B«t tHey 
would have done welt to adviae peapla to maJ- 
die with thdr own bumoess; let my brother 
take that along with him. 

Mr. Polkxftn. Pray awear Mr. Edge, 
[Which was done,] 

I^dge. My lord, I did not swear him. 

Just. Hollawa^. Prav who took the poll t 

Edgf. 1 took the poll. 

JuM. Witkim* Pray did you ever know a 
jikiyorswora when the old laayor was not by f 



Edgt. IdtdnHtbem so. Mr. 
and the «th«r gentlemen would have gotten i 
to poll In tbe v«3rtrv in Ibe ah*teT)^t' Af 
may Off but I told item I woi^d not hare i 
such thing done ; atid whmi the old may 
went out of the council- chambei% they wo 
have had me read the oath. Hatrl I ^ gentlef 
1 will not swear him but in the nmyor^s 
sencc. 

Mr. Ward. Did not Mr BaehevereH 
tbeni all the day ? 

Edge, He was among ns all the day. 

Mr. Ward, Did he ]>ernse the charter f 

Zdgr, I can't tell that 

X. C. X They that once heofin first to I 
the water, seldom catch the fisli. 

Mr. Huickinmn, My lord* I desire t 
ask Mr. Edge one question, whether I wai 
sent to the mayor, and did not go myself? 

Edge. Upon the best of my knowledge I < 
not send you to the mayor. 

L. C- X I thought, IMr. Hutchinwjn, ^ 
had been a man of greater quality than to 
of his errands. Have you douti, geiilleaieni 

Mr, H<iit. Yes, my lord. 

L. C. X Then, gentlemen, as I said^ 
an information against several jteri 
shall have the nameK of them deliierr^d I 
and it is for a hot, an unlawful 
Nottingham ; and though there are ( 
that have been «[ioken of, and two piteeais j 
evidence, yet 1 must tell you, fUtitlbll 
that does afTect these persons b onlylbllfiH 
does^ relate to Midiae Unas- day, aoi i^ 
other part, about the cross, is not tufEij^iMd 
this information ; and persons that wt»n ftnt ftt 
tbe cross, but that were not put at tlie ball^ ar* 
notooncemed in this information : Uiit alK il 
appears, were concerned, except one, whieb i^ 
Humphry Barker ; now tlioiigh lie waa f ~ 
piof .lud jumping upon the croaa, jet not h 
preseut upon Michael mas< day, be is not t 
this information. 

And now, gentlemen, hecaiiae tbe ettu 
hekl something long, I shall be tbe 
Only, for example fiake, there ane some 
that oughf to be taken notice of. The right 
the charters, whether it be the new, or the 
charter tliat is to prevail in {wmi of law, is i 
a question : that is not to be deienntnoil in f 
cau«e one way or another, for th«y baw • ] 
thodical way to have that point de 
and should not have proceeded in the %vay tb 
went ; and it is pretty well known they 
proceeded in that way too, for we knon" ' 
are 8dre Facias^s and Quo IVarrani(>*a^ 
ing between them. They would bave^ 
well to have pursued the"^ legal course 
for I hope, we shall never live to tsee thai 
prevail in England which is callcfl club-la^ 
Let the right be ne^'t;r so mocb on their 
they ought to take a rightful way to ob 
and not by any unlawful means. 

Another thing, gentlemen, is this ; tbey i 
sist u]>on tt, that tney could not he guilty \ 
this information, because the mayor waa 
sworn. It is plain they axe guilty of » 



STATE TRIALS* 36Chaelks U 
mamt till lyuythor wii« cKosen. i 
jbrty %< liie olfiohan«r; 

L iicil ttire»r bitu bv any f>r«((^n€4' 

1^ w of a %ery grtAt fiiull, 

lie i'.- ■ . "^ 

tlit*^ iie^deil not to li&%e ^nthen^ 
itito an aiMriiibly about i\m tuatU^- ; 
thev preteod to be a niaj or had 
cbosen niayor^ they htid j» n*- 
have brought bim iuU> thts 
migUl have come, anti of i ight 
A Mandanms in admit mid 
the office, atid fio lie nm^t liave 
jor^ unless they had shewed 
the coQtrary. 
^ Uicrp b no richt but has a law- 
tbercfufv it had been much better 
'gentiemeti, if they liave a ri^bt, to 
» m a rigbtful way to obtain that 

!• beisig premised, 1 must tell ^'ou, it 
I BltHtunale, concern it whom tt will, 
Iraoge to me, that men in matters of 

wlMfe they have notliing to do, 
mCry gentlemen, that never came 
mm an? election before, that they 
■M to busy themselves, and' head 

they huve nothing to do ; nay, 
ol'precmnt, for it wiu 

M it Wis only to satisfy their ciirio* 
tteoMiiner of the election, the^ hod 
f llio«i and patient and quiet, it bad 
' \^i but to be there, and to de- 
pl» to be sworn, and calling^ people to 
9 and h^ini^ the mobile* tlial 
any roan, let him be as great 
Wt^i tlMi|pioater the itiaa«tlie greater 
tad the gretter bin Muence, the 
and the grester onght to 



^Mtl6in«n» to have those other fier- 
there, Mr. HntcihinBon iind Mr. 
ley must be dnnandinir of the 
and swear ; pray what have 
tiiere? 
> you see the consequences 
to that heig-bt in the midst 
;€Dd|iapulmia town of NottinirliaiTi, 
^boAMging up hats, and liollow- 
d mftkinyf ail the distur- 
m in tlie woHd ; n«y, in* 
lay observe by one of tlie 
igi tb« very senl wn?: hrnk«n 
ehart^. Wiy, l< nt 

that whereas i'.. a 

. that d<»th ImIiii-; lo the 
: ravislied it iiuuVi and 
Ln«i take it ;; " iher he 

inigo;ii isine«8, 

tbr^f- 

ami 



1684.— 4mi otheri^for a RioL [ftt 

ifioeiing of all sorts of people^ and all sorts of 
disorders mu«t be committed ui»der pretaoce oIt 
this autliDnty ; which is setting up a kind of 
coitimonweailh, 1 can call it no better ; and 
\im\ it been such a general assembly, not with 
an ml«nt for doing such one parijcitlar pur- 
pose* it bad been high-treason. For if people 
once think to obtain tUa rights they pretend to 
in a mutinous manner, thai in the general ia 
high-tnfttson, or at least so near, I witl bssuto 
you it is pretty hard to distinguish betweea 
them. 

Now. gentlemen, as lo the evidetioe, I must 
tcU you tbe witnesses do swear» that all these 
pereous wen; present^ abettors, and assistants 
in this matter ; the man that beaded tbe party 
hail no manner of concern aoiotig them t and 
surely^ at^er you have heard all tliis matter, if 
ever there was a riot proved in this world, tbti 
riot is plainly proved upon every one of tbes» 
met! excc(»t Barker, 

But whtreas they pretend on the other side, 
and they would have you to beUeve that tbe 
sheriff was not sherifrtill he was swom^ torelj 
he was sheriff till another wai twom: And if 
you allow bim to be sberilf, then they ought 
not to take his mace from him^ if he was the 
sheriff tie /flc^o, in possession of the ensign of 
this olfice, that is enough ; lor the ri^ht t9 not 
to be determined in sudi a way as this. 

The next thing they pretend to is this, a-lack- 
a-day, there was no proclamation made till after 
he was sworn mayor by the new charter, when 
before he came first into the ooaiaKVD-oouDcil» 
the hubbub was there begun, and tbe mayor 
told them, gentlemen, you have notliing here 
lo do, pray go a!»out your business ; and when 
Mr. Saclievcrell pr^^ssed him, he ordered pro- 
clamation for all persons that had nothing to 
do, to be ifooe. Then afterwards he comes 
into the hall, there is sworn in the hall, and 
take9 his oath according to tbe new charter, 
and stdl after proelamatioti made; then the 
sain«f persons oonttoue still in the same plaoe^ 
so that there is no obedience frivcn either to the 
old nuthorit^' or the new ; and instead of going 
away upon the proclamation, thfit made thetn 
tbe more riolenl ; for you find by Mr. Edge^ 
the l»*t wit»ie?is, that oVen to the time of the 
swearing, Mr,Sacheverell eontinuedvery earn- 
est lo have himsworn^ though Mr. Sacheverelt 
was shewti the new charter, and tbey^eould 
not even by the old one proceed to swear hi A 
in the absence of tbe old mayor; and tbe old 
mayor wns alisent. 

There are indeed several genlleBien that are 
witnesses for the defsndants, that Itappened to 
be there at that time ; there is sir Tlx*mas Par- 
ky ns^ and be being aaked whether he beard 
any noise at all, why tndy he forgot that there 
was ever a word spokt^n ; and urmigh other 
persons, even «,i»mft of their own witnesses, did 
hear a i lie heard Done, bat all was a 

wonde- r thing ; so that the witBesses 

♦^"* lilt y liir iiif^«tlve>< cJiiled, interfere atnoug 
Ives, some of tlipm say tliey did hear a 
,.^.^. and shouting, yet $ach is the unhappioesc 



95] STATE TRIALS, 36 Charles il. l684.— TWo/ of Wm. SgekevereU, 

of floroe people, that they caaoot bear if they 
ba?e no mind to it. Then here is Mr. Thinn, 
a gentleman that came by accident, and be 
can give no good account of the matter : some 
noise be did hear, but be came but as a stranger, 
and was not concerned one way or other, as 
be says. 

You have beard several other witnesses, that 
give an account there was a noise, but they 
cannot tell whether the charter was produced, 
or not produced ; and they cannot tell one word 
that was said of A Greaves, or No New Charter : 
And.one particular man, I have forgot bis name, 
be could not by any means remember any 
thing of the matter; though be was there 
all the while, he could not tell what A|r. 8ache* 
verell said, he did hear him, but not what he 
said. 

This, gentlemen, is the substance of the evi- 
dence: 1 can only say this to you, yon most 
believe all the witnesses for the king actuaUy 
pei^iired, unless you believe their evidence; 
and for what others say, that they did not hear 
such and such things, yet all these other peo- 
ple did hear ; and thoogh the witnesses for tlie 
defendants did not nee, the others did see ; and 
you must find these men without any evidence 
that does appear, to be guilty of wilful perjury, 
or else eveiy person that you have had m 
cbaige, except Humphrey Barker, is guilty 
of the not wnereof they have been informed 
against. 

Then the jury withdrew, and the court broke 
up, and a private verdict being delivered in the 



night, tlie next morning it was given in 
court, where thev found twenty of the tw 
one defendants that were in the issue, ^ 
of the offence and misdemeanour in the i 
raat\on ; an<] the other defendant, Hum| 
Barker, Not Guilty. 

In Trinity-Term following, the Defenc 
who bad been found Guilty, were sente 
as follows : 

William Sacheverell, fined - ' 500 M 

George Gregory 300 

Charles Hutchinson - - . . soo 

John Greaves 20 N< 

William Gi-eaves 20 Mi 

Samuel Richards 20 

Robert Green 20 

Francis Salmon 5 Nc 

Arthur Riccards ----- 20 Mi 

Ralph Bennct - 20 N< 

JobnSberwm lOO Mi 

William Wilson lOO 

Samuel Smith ^0 Nc 

Thomas Trigg - - - - * SO Mi 
Richard Smith 

John Hoe 20 N< 

'William Smith ----- 20 
Joseph Turpiu ..... 100 Mi 
Nathaniel C;hamel .... 100 
Joseph Astlin 5 

And that the several defendanU do givi 
curity for their good behaviour for a twi 
month. 



The Case of the Corporation of Nottingham, as it was sta 
by the late William Sacheverell, of Barton, esq. 



THE town of Nottingham hath always 
dauned to have been a bm-ough by prescri|>- 
tion. And it cannot well be doubted that it 
ba^ been so ; for that it appears by Dooms- 
day-book, in the time of King William Ist, 
that the burgesfics of Nottingham then had 
divers houses and parcels of land in Nottingham ; 
and the burgesses of tliat town were 173 in 
number in the time of Edward the Confessor. 

That town batli also always claimed to have 
been a corporation by prescnption. And it is 
hard to believe it otherwise ; because no char- 
ter of its first incorporating could yet be found ; 
Kod the charters granted to the burgesses of 
that town by kmg Henry 2nd, and king John, 
do imply them as a body corporate before 



Yet it appears by the charter of king Edward 
the Ist, that there was no mayor of that town 
before his reign ; for that he iben was pleased 
to grant the burgesses of that town a privilege, 
that they then after should choose a mayor 
out of themselves annually ; and some of their 
former charters, as well as that, shew that for 
I time before they had only bailifb of that 
From Edward the Ist's time, 
4 



mayor and bailifik tlie town continoed tifl H 
6ih*B time, who was pleased to make 
county, and grant them slieriffs insteM 
bailiff)!, and the privilege of choosing ou 
themselves seven aldermen, and one of t! 
annually to be mayor ; and that the alder 
(as long as they so continued) shoiUd be , 
tioes of the peace within that town ; 
nioreover, that the burgesses of the to«n 
Nottingham should for ever be a body 
porate i»v the name of mayor and burgei 
Nor hatfi anv charter since, nor any bye- 
that can be beard of, given the aldermen 
more power than tliey had by that cbai 
which was then nothing more tnan every I 
gess of that town had except being justice 
the peace, and wearing gowns andlioods. 
that the aldermen, though of late they 1 
taken upon them to sit as members of the os 
cilofthat town, can neither prescribe to! 
|>ower, because there were no aldermen in ' 
town before king Henry 6th's days ; nor 
they claim to be of the council of that t 
by force of any charter, for no charter «( 
in Henry 6th^s tinae, or since, hath girtt 
them any soch authority, nor did iktej ^ 




STATE TRIALS, 36 Ch ARtBS II, iSMj^md others Jot m RwL [98 



hy wirUut of wiy byf -hvr of 

rtbevrvdmT • "^ ''* -.^ UfF, 

lUrf^bl ofaiUitig ai (liefe 

iMfe MB ikokxl in tb^oHinii nben 



Hiv alilffTHicfli icid«««d in kinir Jam^'t* time 
Ina, l^oti^ they liad 50 rif^t so to do^ to 
tobfftB cli«tKt to bm put of (ke councit, untt 
i» flBvaiMlB in Ibit loivii** concertifl, ami to 
mmtk to &r a|MJci ilie burgrsaes, without 
^■r««i<oln, •* • 'i<1 to Have a n|4:lit in 





of the cori>o«iition- 


'■■r.(U^ and «-ti<xi!- 


Mil B«iiW 


) f so Im' 111! hi 


iBI^Birlo til' 


(li^- ^it*'l» ti. ,i( fr 


• •clflnij, tt 




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nFTiofti. 


theaiiler- 


«% «iy |ir»> . 


,vhich lh€ 


Ml if tbe \ 


1 lite eJ^amitia- 


flmtifi^mm%%* 


\ to the jtuiges 


yimmiky 


e end they 


MM Wo 


d bv Uie 


m^iMBi'^] mi* 1' 


*.Ud- 


fawlMili^rmlior 


iherr 


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^l^Mluit 


■ -i- - ■ ■ 


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I L^t ot liie 


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d to that 


HhPNr, lai-i 


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■■MifllMd COCivr ttk 


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f the 


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idMrlff 



Ivrllii* tfff>^ 



, vutU tlitt 

I beiui^ ut 

.! 1 i»i thf iiftid 

' lie ttuvn luTidMf 

, itiJ 

■ iiirr* 






^triiiJ*)t)-ijn 



» sMl «mfviiii|pt^ was vrhoU)' \tu\i aaiiie, 



t mni hmfgrmt 1 oi 
' IM<ilPFI «C ik^ 



r, »l^ 




majntaiii, sustain iw itb tlietr bodies, tbcir i 
aod their chattels u» their powt " "^"* *'^»'tu t^^ 
let neither for love nor di'«>jid, xrd vC 

mny toan, but maiutain the la^vi^, ^ i-tunts, 

and franchises of that town : and divert bnr- 
g«ifies of that towTi being informetl^ about lb© 
be^DiUDg of Easter-terin la^t, that the Enavov 
ana sume of the aldermen of that town had a 
dedgn to surrender the charters of that ciir|K]i* 
ration, it was acaroe credited by any of the 
bui^iessei, thai the mayor or almost any of tho 
aldenuea would consent to do a things so di- 
rectly ijotitrary to their hurgess-oatb. Yet 
dirers bureeises of the said touu considering^ 
they had t&en the 8aid oath for |ireservin^ the 
npiU of the town, thouifht it hut convenient, 
tor the ]>reveDiion of the ill consequences wbick 
they well knew must befall that town if their 
charters should he dehvered up, and a new 
charter taken without the privity^ consent^ or 
bearing of the bui^esses of that town, to order 
four caveats to be entered ; and accord iii|fly ia 
Kaster-term ordered two to be entered at the 
lord eh an cell or 's, uod two at the attomey-j^- 
neral's. One uf which caveats in each place 

was ng-nii * '1^ any new charter to the 

town of «i without the privity, con* 

sent, or L;, „ -. ihe burgesses oFthat ti>wu j 

the other ugaiiist the acceptinjsr of any aur- 
render of any charier of that town, without the 
hke privity, consent, and hearing. Which said 
caveatii were entered accord in gly* 

yind so the matter rested till the !23th of 
July last I hut upon that day the mayor called 
a council without giviDg notice what the bu- 
siness would l>e^ unless it wa^ tu those of bis 
own party and confederacy. But that he had 
thnu^'hts* of surrendering when he came to thd 
liall, will be pretty manifest from what be did 
after the question was put to the vote, and the 
poll taken: there appeared at the ball Ibo 
mayor and tive aldermen, and two and twenty 
of tne couneilf and Mr. VVilliam Topfady (who 
the laat yc^r^ by order of 3Ir. Ger^as Kippon, the 
then mayor, i^as sworn m as an aldermaiiftboueh 
Mr, Hherwin, who stood in com|)etition with Mr. 
Toidady, had near twice as many roles; upon 
which Mr. Sherwin brought bis Mandamus, 
and the cause h yet undecided iu the court of 
King*s- bench). After some busiuesff iu the 
hall was di^jputcbed the mayor caused a question 
to be put for surrendering of ihe ciiarters of 
that t«»wn ; anil thonsfh it was declared by some 
of the councd, That the aldermen bad uo n|fht 
V} votrf therein, vet the mayor caused a poll to 
be trtkeii, ahd afimiited them and Mr. Tonlady 
^ nave only that Mr Alderman Edge 
d his vote, and g^are it neither way. 
1 He rvA vote<l as followetii, viz. 

For surrendering the Charter. 

Gcr^'an Wild, mayor, Christopher IJall, a!*- 
derman, John Furkor, ubb^nuan, Gervas Riji* 
pon, ftldennan, V^ illiam Toplady, ttlilermaWfl 
(ir f'licto. Wdliam I^Iabbot, Edward M abbot, 
Wilhiuu Petty, Rolwri Wortlcy, Hu^rh V^aU 
ker, Wiliiitn/ Wool house, J otm Whitby ^Tht^ 
mas Lee. Jobu fowio. 

H 



99} STATE TRIALS, 36 CuARLSd II. l6Si^Triai of Wm. Sachmrett, [100 

AsraiuBt surreDderin&r the Charter. 
William (irenves, al(li:Tmaii, John Greaves, 
Sajiiud Uichanfs, corrnuTs, Robert Green, 
sheriir, Huntiutrdon Eyre, Roger Ryley, Tho- 
mas Walkfr, liichanf Smith, Francis Sahnon, 
Ralph B«*Qnet, John Sherwin, Samuel Smith, 
Thomas Trig, William Smith. 



So that if the aldermen should be admitted 
to havu a right to vote in the council, yet here 
uras no majority for the surrender. But on the 
contrary, the aldermen having no colour of 
right, either by pi-eHcription, or charter, or 
othcruise, for the nmsons aforesaid, to be of the 
council ; it is plain, there was only the mayor 
and uihc of the council for the surrender, and 
thirteen of the council against it ; and conse- 
quently that the greiiter part of -the council 
Toted against the surrender. Nor can it be 
imagined that the council of that corporation 
(being neither settle<l by prescription, nor vest- 
ed in by charter, but only brought in by con- 
sent and choice of all the burgesses, only for 
the better managery of the revenui^ of the cor- 
poration, and dispatch of some otlivr ordinary 
alfairs, and nut intrusted with many rights of 
thot town,) can pretend to any power of sur- 
rendering the charters and liberties of that 
town, more than any small numlier of bur- 
gasses. So that how this surrender of fourteen 
men against the vote of the greater number of 
the council, ajid will of almost all the buigesses, 
should be good in law, is not yet well underbtood. 
And if the putting of the town-seal to an instru- 
ment without the consent of the body corpo- 
rate, should be said to be sufficient in law to 
give away the lands and rights of any l)ody 
corpoiate,* then any thief that can but steal the 
cM>r{)onit ion -seal, will have it in his power, 
though he be no member of the cor|Mjrution, tu 
ffive up the lands nnil liberties thereof ; w hioh 
mdeetl would be a ^trange piece of law and jus- 
tice to be owned in any nation that pi-etends 
to sense and honesty. \et Mr. Mayor, all this 
notwithstanding, did, as soon as the said vote 
was over, pull out of his pnrktd an instinmcnt 
in writing, purporting a surrender of their 
charters, and caused the town-seal to l)o affixed 
thereto without any further vote. The draught 
of the instrument, as it is commonly said, was 
first made at London, and t hence *tr.msmitted 
to an honourable person in >iottin:;-h;m)shire, 
and by his order conveyed to Mr. Mayor. Jiut 
this report, if it were not for one thing, which 
it is l»elieved will be uroved if there be occasion, 
might seem not well groun<lcd, becaiist;, as it 
Afterwards will appear, tliis surrvuder was not 
tliougbt sufficient, and ko another ^^as sealed; 
which yet one of the aldermen would havo to 
h* the very same, word for word, with lliat 
which wastirst sent up %<.*aletl to i^ontlou ; as if 
twice sealing would make that ciil-ctual \ihieh 
was not so by l)cing once s(t:ded. Hut it is 
likely he had not heard what is n)nniuinly re- 
porte<l, and {lerhaps will be |»ni\«.'d v«hen*^tii»e 
serves, that the fir«t iuslrnment for suiTeuder- 
ing that it as sc»ltd> was drawn so as to make 



a surrender, by the right honourable the eari of 
Uallifax and sir Iieoline Jenkins. 

After the saiil vole touching the intended 
suiTender was over, many of the burgesses of 
Nottingham, considering their oath, and that 
there were many customs and privileges in re- 
ference to trade, which the burgesses of tb* 
corporation held only by custom and urescrip- 
tion ; and that as some of the lands wbich that 
corporatbn held was by grant from some of 
his majesty ^s royal pix'tlet^essors, so most of 
their town-lands, (which ai-e of great annual 
value) were given by pri\ate persons ; thought 
tit to ask advice of counsel in several |>oint8. 

The first question pro|>osed to counsel was. 
Whether if the charters were surrendered, and 
a new one taken, tliiil new grant wouhl not pre- 
serve the lands to the corporation. To whidi 
counsel replied, That if the charters of any 
bcKly corporate were lawfully suri-eudered, thea 
the cor|K)ration that held by such charters wm 
dissolved; and that if they bad auv lands which 
had been given to that corporation, the lieicft 
of those that <rave thohC lands would, as soonu 
such surrender was irompleted, be entitled tA 
the lands, »nd rfc<»\er the same. And ther 
said. Those laiuls which had been given to sum 
corporation by any of his majesty's predeces- 
sors, his majesty uiight, if he so pleased, grant 
thtjn again urthc corporation; but no'n 



charter of his could, as they conceived, eiv« 
tlie corporation any title to those lands which 
had been given by private persons, or enable 
the cor{)oi-atiun to keep them from the heiim 
of those that gave them, in case such surren* 
der should be. And so, they say, it was re- 
solved by thejndt^'i's when the'monastcrieswen 
surreudtrL-d, or dissolietl; and that tlierefon 
a special act of parliament was advised to b^ 
iitaih*, and accordint^ly was made, to vest thoM 
lands ill the king, there being no otlier way t» 
liindLTtliem IVoni goiii'; to tlic heirs oftliose 
that gave thein, \« hen By surrender they had 
dissolved those corp<.' rations. 

The second <{iH>st ion pniposed was. Whether^ 
if the mayor uud luirgi'sses.of a corporaiioi^ 
claim any right of common by custom or pre* , 
scription upon other men's fands, as is in ths> 
ca.se of Sialfoid, Derh}', Coventry, and maiiy- : 
other cor|M)rationb, they can surremler tbcir ., 
charters, und \et, by any new charter to be e^ 
taiued from his majesty, or by any mesm^ ,.' 
preserve their ns^ht of common. To which i ■ 
was an&wei-ed. That if the mayors and bui^geiHft J 
of any corporation chiim nucIi common, udA' , 
afterwanU make such surremler, and so da* 
solve the boily corporate, their prescriptitm ftt ,'' 
common is destroyed ; and though his majes^ '^ 
should please to incorporate tlieiu anew, yal ^ 

I their title to couimon will, as they conceive, be .^ 

I totally lost. 



The third queslion was, Whetlier the t 
of Nottingbum, being one of the ancientest c 
IKirations of England, and free of tolls in nu^ -^ 
places, shouhl have the samejprivilegeif tfaq^*j* 
surrendered their charters. To which it WM'l 
answered, Tliat ii ihe town of KotiiughaiK'.i^ 




STATE TRIALS, Sfi Chabiks Ih l6U.^md ciheri.Jor a Riot. f 102 



fh^ff i*li4t|i*i ^^ 



^ hhuW ^ 
i..> i,. vv charter. 



uM ■ 



iSr;: 



fifa cor- 

ilie inajor 
the sur- 
itim>, tlie 

n luch it 
I Init that 






■y tiir 



^f^l 









und rxnniinrU w itU 

n'1 the (jurfjt'ssts 

' wan by srverul 

>cf of ft^'verat 

t y ot' 
' 11 ted was 



WiiJi, yHyctx of Natttngham. 
^ f»r rNotttiii:rhmii, 

mr til - that you antj 

httve, vvjthout 
: (Kim iit^^l^^ am) 

'« to 
rinrl 

till* •■: lU CilUSC 

i<» au m- 
ier ! and 

1 ring' 

■ Ik' to 

cuii lu u^ ami 

:i of ihe iH>rjH»< 

»ur- 

' !^ii.ii an 

rtf wbat 

nntl fhnt 



> Mi thaft rnrpaimtinii ; 






* lt*r» witJ r-etiuinly be l/»5t, if yon make such 
•ftiiiTeiictrr fts ymi Imic ii^Ti-*tl to. W^ 

*^ lio llHTeHiPe lieneljy tferlure onr dliii^en^] 

* from those your pn^ ' and tbaf 1 

* wti ortf|i»r im iim* sli , or h:irf 

i Q n.-,..x*..-i *L .* ....^_. - ;. ,,, ^j ,y chiutcr, j 

* lilt. t»f till* mrjMira- 

' tiiiu Ei»a«lc tritlii^r Kyi 

* y**o, or iiny cfir|)oratinn, or [ 

* other jieisou r - eviT ; andifiat ^ 
I * ivt' vrill by u\\ bwiul wa^-sund menns o|H)os^ 

* and hiuder the suiTondcrins" or vaciiling: of 

* any oftbo dmrters, riirhts, Ubcriie?;, or pri- 1 

* vihj^ps oftliis corporation ; and that in ci^s^J 

* you occa>.ion Iht- sinTcnd(*r of any of ibechor- 

* lers, rights, ril>ertit'!«T or ])nvileges of this cor- , 
1 ,.,,^,i;.,„ we almll expect from you such : 

1 all the law will nWnvr ns.' 
. ... turfire^ses were also advised to ordcVj 
sind accordingly d'nl order cavciUs in the nauiL'S^ ! 
of some psj*ticolarburi'e«ses, on l>cli&lfofthi?nj7 
nvhcs and most of the hurgesst'S of dip town^ j 
to he entered at the lord chancellor's, the lor J 
privy -sears and in the signet'Offiee, a^ins^l 
sinrrendering of any ot' the charters of thai [ 
town without the privity t consent, and hearing' 
of the fiaid burgesses, and aipinst passini^ of j 
any new charter to that town \% itliout hke privity^ J 
con-wnt, and heario"^. And the burgesses havf j{ 
had an aKConnt from their a^ent at London, 
that he had entered such caveats at the lord 
chaneellfM''s and in the oiBi-es of the lord Con- ! 
way and sir Leoline Jenk) n**, it being com- 
monly reported that ihe bud privy -seal ha^J 
deUvered up the privy -seal to the said air Lew^ 
line. 

The burgesses were further adviacil to peti- 
tion the lord chaacellor to l>e heard before unV • 
Burrender of their chartr rs shoiitd be accepreJ, I 
or any new charter to that town shoidd past 
the brcjad «^eal ; and accordinji^ly a Petition waa , 
draw n, iuu\ M^^iied by alxtve three hundred sind 
sixty biir^csst s, and a copy thereof fairly en* 
i^t»8$e4l, uiiti the names of the burgesses that 1 
had subscribed, was sent and prestented to tb^ ] 
lord chanwUor at Bath on Thursday the icnih 
of this inMant August. Which Petition wa» | 
in thene words toHowing", viz. 

To the ri'4ht hoiiourable the Lor^l Hijirh Chan* 
ceUorof Kti^hnd : Th«' hundde Pli iTtoH ] 
of tin? limsfes^es of the Town of Noihnij* 
ham, whop^e name^ are hereunto subscrib- 
ed, on behalf of thetrisetve^ and uaost 
the Bnrtjtsses of thai Town, 

* Most humbly sheweib : 
'That the town of NortinjL,^ham l»emfi[^a bo- ' 
' riJUtifh by pres*crintion, and an ancieni eor|io- 

* ration ; and the hur^jesses of that t<»wn (who 

* are a body corporate bv the nanieot inriyorand 

* burrjrNses) hir i ^ liberties^ ; 

* ni^liis^ 11 ml 1 «bich th< 

* pmit and cfM iiom hii* ju 1 

* i>iR royaJ pre* I id uniuy ck 

* litk^riii'^ iftj ^, .. uhich \\n\ ...'. 

jvtion; and divers j»ci 
^^1 1- to that corporation of *d 



103] STATE TRIALS. S6 Chaeles II. l68i.— Tm/ offVm. SachetertU. [IM 



c ▼ery fjeki auiiual value : The present mayor, 

< with three or four of the aldermen, awl nine 
« other burgesses of that coqMiration, haveUe- 
« dared theydesij^ to take a nc-w charter, and 
c have taken upon them, without the consent of 

< your petitioners, and most of the burgesses of 

* that town, to agrree to the surrender of the 

< charters of that corporation ; and have taken 

* the town- seal, and afiixed it to an instrument, 

< designing thereby to mekc an actual and ab- 

< solute surrender of all the said charters ; 
« which if they have power to eflfect, it will (as 
« your petitioners are advised) not only dissolve 

< the corporation, deprive your petitioners and 

< other burgesses of that town of many rights, 
« liberties, and prinle;^ which they held by 

< custom and prescription, cause all the landv 

< given to that corporation to revert to the heirs 
« of the donors, and disinherit your petitioners 

< and other burgesses of that town of all the 
« said lands, liberties, and privileges, which 

< both they and their predecessors, as burgesses 

< of that town, have inherited, and ought to 
« enjoy, but also subject your petitioner and 
« their freeholds against their will to sucli ser- 

* vices, damages, and great inconveniences, as 

< may be brought upon them by the contri- 

< Tances of the nid mayor and aldermen, in case 

* they can obtain a new charter to pass the 
« broad-teal without tlie priiity, consent, or 

< bearing of jrour petitioners. 

* Your petitioners therefore humUy pray 

< your lonbhip to take into consideration the 

* aforesaid mtschieft, damages, and inconveni- 

< ences that are like to behill your petitionexs 

< and other burgesses of that town, in case 

* such surrender should be made and accepted, 

* and a new charter taken by the said mayor 

* and aldermen : And that your lordship would 

< please before such surrender be accepted, or 
' any new charter for that town be |iassed the 

* broad-seal, to grant yotir petitioners a day of 
■ hearing, and to order thereupon as shall be 
' agreeable to equity and justice 

* And your petitioners shall ever pray, &c.* 

The Petition being delivered as aforesaid, and 
Mr.Blayor having Men acquainted in manner 
aforesaid, by the generality of the burgesses, 
that they neither had consented, nor should 
consent to a surrender of any of the charters, 
rights, or liberties of the town, and the bur- 
gessev having been advised by council that no 
iBStniment tor makinga surrender of the char- 
ters to the earl of Hallifax and air Leoline 



Jenkyns couldheefTectual in law : it wasliODcd 
tliat there would not have liecn any fVirtner 

Progress in the business, at least before the 
ur^^eases were heard u|M>n their caveats or pc* 
titibns. And it was taken for granted, that no 
new instrument in onler to any siirreiidcr 
could he made and sealed without calling toge- 
ther the council of that town ; because, by cae« 
torn of that town, the town-seal hath always 
used to be kept under the custody of thrae 
locks and keys, and not taken out but in 
cil ; and those three keys kept by three i 

persons, for better preventin*; of any in 

use of the seal. But contrary to the buigeflmP 
expectation, and a<cainst all ancient usage, Mr. 
Ala} or (havinsr, as he said, received mItm 
from London that the instrument he had teal 
up fur surrenderiug the charters was not tuA- 
cient) did on Saturday the 12th of August ra- 

^uire of the senior o6roner to deUver liini kb 
ey ; which the coroner refusing to do, (onlcnL 
according to the custom of the town, a oouodl 
wais called, and should onler such ddivery) il 
seems Mr. Mayor found another way to oaOM 
by the seal, if that be true which was Hgn^fioi 
in the public prints that came down to Not- 
tingham on the 19th of August, viz. Tfafll 
upon the l-Uh of August a surrender of N** 
tingham charters was made to hia uiaje a tji 
And there is one tiling which hath happenai 
since, which gives a shrewd Ught what lln 
Mayor did on that 13th of August, withoal ai 
much as summoning a coundT ; for the petty 
who by Mr. Mayor's command, as beiaich, da! 
that day force open the lock to which the o»- 
roners**key bebnged, hath since confeHed ^ 
iHct. So that now if it shouM hereafler ap- 
pear to be true, as those prints seem to intinMlai 
than any instrnment for surrendering of Mali 
tingham charters to his mi^esty, was pn irntaj 
to hLs majesty on the 14th of 'August, it w9 
scarce be a question, by what means, or boa 
lawfuHy Mr. Mayor came by the seal, or hoa 
valid such surrender is like to be. 
^ This is the true case of the hurgesaea ai 
Nottingham, who are ready to make good evai] 
matter of fact, as herein stated, whenetai 
there shall be occasion ; and doubt not but ti 
prove it, if they may either be beard apM 
their petition or caveats ; and howeveri|ueiliai 
not but by the assistance of the courts of jaa^ 
tice they shall still preserve their rigfata, M^ 
withstanding all these endeavours that hafi 
been used to give up Uieir chartera and S« 
berties. 



STATr T1?IAI3, 56ChablesII. iGi^.—ProtecJitign, S^e. 



[105 



P Pfocecfrrags against Sir Thomas Armstrong,** in the Iving's- 
" Beoch, upon an Outlawry, for High Treason : 36 Charles II. 
A,D. IG84. 



Lr iitfi f%f Jiinr i5Bi> «ir Thomas 

ii» tht^ liur of ttic 

t "Wi-atrainster, by 

i»rp«s» direct eil 




[ if ihc Vmtn \*ni nmcU by l4i«r deatli 

lirir 

""5' 

of 5i 

?h.«.n, , ... hart 

(til _ OH fllt'll 

( tfjf OtlT , " I^CCOUttt 

" te tile »cotii at Lrydtti, for 

«ru«4 an httn ; nruf cjf livered 

in gre»l 

for jffit to 

^^iitcs : for 

i.at would 

« re*! Kihi, 

He wa»s 

*' >lon- 

lift?, 

v^ u bear 

ver eiTpy 

' rtf ininJ, 

r»rehe cs- 

. whft saw 

' he%*ou]d 

H e Ills Ide. 

fw when 

I, Ire said* 

r»lot: he 

*r U\^ [if**: 

tded will) 

tbr tt man 

i»e (injte- 

lite- 

was 

and 



ifbewrd *nrh 

**<i ^K liltU«JJUlUlL*<I iu lilUl ■ 

'^v^l^Micfl fcftypi* the oounoi 
tilMirf Ml |>Vii hut It 
, W Bight hai^c II 
«U be aiJii * 
I tbftt vs 
id In tu'.-., ,. ..... .!, 

■if IL»fir«l triKkp oi t^tmnJ'*, tin(i ;f,'j 
I^Ar bnr»e tn iH«^kM>L^ Tii^ ro 



f Ibr wliirli I 
I lb* timr tl 

TV 1 



, but wh 



Wit: {'i*Utt was 

Hv' Im» so eii!j V as 
»- I tw I nine ih«t Kumseyhml 
bun wmmfS not wifry crediMe ; 
UmI It the ftftrt T- ' - * 
I jP** »ikI tic 
Ml ikt ammif tlicm: 
r^ itii It m teeori the 

if gtyfcB^Mf, r ^ who 

^■•M^^i <iie ffUKfda NO lonsf, kiicw 
f'i'KC'bat tHMnm fcithrm so \vi»!I^ that 

r ih^ 

utyto 

TWe CiMirt 1u4 u ^ in » 

' wmr witli binif y the 



writ was on hi5i mQJestv's behalf mored for cm 
Tharsdiij hwl by Mr. Aitortiey-GeDeral, 

The retUMi of the writ was ix^ by the clerk 
of the crown, hy which it appeared be was ia 
the cnstndy nf ihc keejier of Newg^ate, by « 

could save bim. H« was now in an outlawry : 
hut thous^h the stritute was express, that it ao 
outlaweif jRTSitn came in at any lime within the 
vpai\ iie VVJ4S to hiive a iriiil nrKwhhstamling* 
liii, outlawry. It ifas pretendetl iu ausv%er to 
thii>, that he not corning^ iri^ hut being taken^ 
had not a riffht to the benertl of the statute. 
But there were several months of the year yet 
to run* And since a trial wai a demind 
founded on natural justice, he ia^9ted on il. 
And when he was broug^ht to the King*$- 
bench bar, and asked what be had to say why 
sentence shoiild not be execate<l, he cfaimed 
the benetit of the statute. Hesaid, he had yet, 
when bewastaken,s everal rnomhs to dehberate 
upon his eoraing' in : and the seizing on him 
before his time was oat, ought not to bar bitn 
a rit^ht that the law gave bim. He al&n men- 
tioned Halloway, to whom a trial was oiTereil 
the former terra. And^ since it was a point of 
law, be desired council might be heard to 
argue it. JefleritM rejected all this : He said, 
the king might either offer a trial or not, as he 
saw cause : and he refused to hear council ; 
which Unng demunded uj[*on a point of jaw^ 
the denyin**: it wjis thou^nt a Tcry impudent 
piece of injustice. And when Artnstrong in- 
iiiBted, that he asked nothing but the law, Jef- 
ienea in hi^ brutal way said, be should bare if 
to the full ; and so onlered bis execution n tthin 
*ix days. And the law was executed on liim 
with the utmt)«t rigor: for he was carried to 
Tylium in a sdetlge, and was quartered, and hia 
i|uarters were srt up. His carriage^ during hi« 
im prison I uent and at his death, was fur beyond 
wfiai <M>uId have *)eeii imagined. He turned 
himself whoTly to the though, s of God, and 
of another state ; and was praying continually. 
He rejoiced, that he was brought to die m 
Kurh a manner. He said, it was scarce pos- 
sible for him to have been awakened into a due 
sense of his 81 ns by any other methoil. Hia 
i 't> and his resentments were then so ea- 
IV conquered, that one who saw bim said to 
...., ihtit it was not cany to think it was the 
«ame (ktsoo whom he bad known fonnerly. 
He received the Sacrament ; »nd ilied in so 
good a temper, and with so much quiet in hia 
mtnd, and so serene a deportment, that we 
have i«carce known in oor tune a more eminent 
instance of the grace and mercy of God. 
Armstrong in bis last paper domed, that he 
ever knew of any design against the king's or 
theduke'a life, or was in any plot against tho 



warrant from the hoooyrable Sidney Godolphin^ 
«»q. QHc of lib tiiajesty's principal 8eCT«uri^ j 
of SlAte^ wbich Warrant toUoweth in h^c 

Siiliiey GodolphiD, es^. of his majrsty^s most 
hot). Priry Couacii«9nilprindp&lHt!crt*iary 
ofSState. 

*• Tlie-^euic in his niajt'sty'tj name to aulbo- 
riae and i^iuire y«u lo retvive into your cus- 
tody, from on Ixiard his majes^ty's yacht the 



107 J STATE TRIALS, 56 Charles II. i eu.^Proceedingi agaifut [ IW 

Catherine, captain Da vies ootmnamler, the 

person fTf sir Thomas Ani"-*'^"'/ *• -t— i-. | 
(br iki^^h-ti'ttujon, anrl hir. 
majefity'ji prison uf Nt'u-^ , ;.._ ;. 
plcasuft^ be farther kitovro, And fur m» < 
thiH slkall he your irarrajil. Giveu uii-! 
hand and seal at Whitehall, this lOtb 
June I6l^^t4, In the 30th y*3iir <if his m:i 
reigii, * S. ^ / 

*' To Captain Richardson, K 

Majesty *s PrisoD of New^aie, 

•* 8ir Thomas Arn^-*—"' " »>• - h- —*-^--, 
had in his |>ocketa 

one IlayeSf a rnett .. . , ,,_, „.._.„,.,. , 

on wbidi Mr. Hayes is committed to Newgale 
for holding correspondence with traitars. 

" 14lh. Sir Thomas Armstrong- W9» i 
from Newgute to Uie Kingr^s-bench bar, \ 
being' asked what he could ^ay why ei 
should not be awarded ag'ainat himi lie f 
outlawtnl and M) attainted upon an indib 
of Hi b;:h -Treason, for conspiring' the death 4 
the kintj^, Sfc. He said he was l^e^ond f 
the time of the outlawry, which the 
telling' him they could take no notice < 
then desire<l that he mi^ht come to 
and that his majesty would Qjant htm tb 
favour he had offered to HolJowoy ; 
court told him that Wlonffod lo bis n ^ 
not to tjiem ; then be saia be was within \ 
statute made b^ ^ E. 6^ c. 11, and deman 
his trial, be being trilbin the statute, and de 
council to argue the same ; but the court I 
of another opinion would aliow him no con 
hut made a rule for his execution on ~ 
next at Tyburn. 

** 18th. The same day, also, sir ' 
Armstrong'^s daughter, pt^titioned the 
King's-lw:nch that her father might I 
W' rit of i^^n-or allou-ed him to rei erse ! 
lawry and so come to his trial ; bi|t the! 
told tliem this was no proiier place to i 
in ; they must go into the coancery for it ; I 
there ihcy had been before, and the lord 1 
was pleased to deny it. 

" 20th, Sir Thomas Armstron^r vnai 
upon a sledge with a very nuraeroi: 
Tyhurn j where beingf oonie 1 > 
nrayed with him, who itecmed ver\ ^,%^n 
lie praveil binisflf albO very ferventlvif 
done, he delit ereil a piiner to the sherij^ 
submitted hinkstilf in the sentence ; 
lind hanged about half an hour^ he w« 
down and quartered according to his i 
and hi*] quarters were broug^ht back in 
sledge to Newgate^ to be disposed of ■• 
m^ajesty shall direct* 

" Sir Thomas Armstrong*a quart, 
posed of; a forequarter is set on '! 
bis head on Westminster, anoihct ^u 
sent down to the towu of Stafford, for i 
was a Parliament-man. Q,u;ere, bovr^ 
quarters of the Popish Traitors were i 
and quserc^ wbich of these fanatic ptotte 
not set iip< 

«^ July lit. Came oitl lUe Paper ttitl I 



gorenunent. There were no remarks pub- 
hsheil on hiii speech, which it was believed the 
Court ordered; for they saw how much ground 
they bad lost by this Btrelch of law; and how 
bttle I hey had i^ained by hu» death. Que pas- 
""ge in it was tbc occasion of thcrr ordering no 
Msb reflections to be made on it, ^ had been 
made on' the other sjteecbes. The king bad 
published a story all about the Court, and had 
told it lo the foreign minu^ters^ aa the i-eason of 
ibis extreme severity agdin.<t Armslrong: he 
said« that he was sent over by Cromwell lo 
mnnler him bevond sea, and that he was 
warned of it, and challenged him on it ; and 
that upon his confessing it he had promised 
him never to speak of it any more as long as he 
hved* Scj the king, counting him now dead 
in law, thought he was free from that promise. 
Armstrong took this heavily : and in one paper 
which 1 saw, writ in his own hand, the resent- 
mam upon it were sh artier than 1 thntight 
beetme a dying penitent. So, when that w^ls 
represented to him^ he changed if: and in the 
paper he (fare the shiriif^ he ba<l softened it 
tnnrh* But yet he shewed the falshood of 
that rpport : tor be never went beyocid sea 
but once, sent by the earl of Oxford, and some 
other cavaliers, with a cousiderahh; present lo 
the king in money, whieb he debvercd \ and 
brought buck letters of thanks froui the king 
to those wlio made the present. Hut Crom- 
well having a hint o^ this clapt him up in 
prison, where he was kept almost a year. And 
upon the merit of that servioc, he was made a 
caj» tJitn of horse soon after tlie I'estoratton. 
\\ hen Jt^fTeries came to the king at Windsor 
so^m aller thu^ trial, the king took a ring of 
^itod value from his finger, and gave it him 
lor ihc-se services : the ring upon that was 
called his blood stone. The kmg gave hun 
one advice, which was somewhat extmordi 
nary from a king to a judge ; but it was not 
the 4ess necessary to him ; tbe king said, it 
was a hot summer, and he was going tbe cir- 
cuit, he therefore desired he would not driuk 
too much/' Burnet, j77, 

«< June lltb \^M, Sir TliOmas Armstrong, 
One of the late fanatic plotters, and who stood 
outlawed for High-TretLson, having l»een taken 
the last week at liCyilen in Hollanti, by oriler 
of tlie States, was bionglit iu one of bis mujesty^s 
yachts, and committed last nigbl to iireeo- 
wieh, and wai l]|is luorning committed to New* 
g»le. 



TATE TRIALS, 36 Charles II. l684.— 5tr Thomas Armstrong. [l ** 



^r George Jefferies) What would 

Mr. Attomc}' ? 

u (Sur Robert Sawyer) Have you 

ry there? 

-. Yet, Sir, here it is. 

I. That which I humbly pray, ray 

award of ekecution for the kin^jp 

llMfiias ArmstroDg' upon the out- 

Fint, we xnust file this return. 
- 1 pray it may be filed. 
Let it be filed : now, what do you 
Attnrney ? 

I. My lord, I pray an award o^ cxe- 
I the oatlawry. 

Anai{^ him upon the outlawry. 
'. Thomas Armstrou}^, hold up thy 
hich he did.] Thou hust been in- 
LMidoD, by tiie name of Thomas 
, of LimkIoii, knight, of hij^h-tretiiMn, 
w^ against the kinjif's majesty's life, 
ovemwcnt : for not aprM*aring' to 
Irv that indictment by due process 
lel against iliee, ufwu that indict- 
rtaadest outlawed, and thereby ut- 
he aame hi«;h- treason. What Irast 



f for th\se!f, why execution should 
ried agunst thee u] 
la law? 



I agunst thee upon that attainder 



}nuirong. My lord, I was beyond 
toe of the outlawry ; I beg I may 

\ That is not material at all to us ; 
hfe« a record of an outlawry against 

^■■IrM^. I deaire to be put upon 

X We cannot allow any surli thin^ ; 
■ttar to do upon this re<*ord Mhrv 
•■vara execution, (.'aptain Uichard- 
ft are your usual da3-s of exfcution ? 
iMiekardwn. Wednesdays and Fn- 

fattAors. Here is a statute, my lonl. 
1 Wfaai is the matter with that gen- 

Uwmirong. Hold your tonnfuc. My 

tentroDg <lelivcre<l to the sheriffs at 
f his execution, wiicrcin he denies 
«fa^yto Cmfnweiitbr tlie sei/.inpr 
PhcniD Flanders ; he inveit^lis aifainst 
liip.fC his ca<ie at the Rin<r*s-lN;nch 
'Mied bis trial ; and does abs(dutely 
iMg concerned in any plot ajufainst 
lift or for alteration of tlic jfovern- 
ri» the nCory of ilie lonl liouanVs 
If ha |imfc»k'(l hiiusi^If to tlir in the 
Hfeioo, and iu the Coiiuuiniion of 
hm England, coneludini; with his 
king and these |>04»r nut ions. 
tv hath fjcf^n piravd :ts :i •^i^nril 
• lord t'hi«^t' justice JifFriAK, to 
rfriogoff his iiujfer,and |irrji»m 
Mp.'*^ NarcbisuK Luttrell's ^'S. 
■fall BeUtion," &c. iu the Co!- 
V,Qilbid. 



lord, there is a statute made in the 6th year 
of Edward the 6tli, which I desire may be 
read." 

L. C. J. To what purpose would you ha?e 
it read, sir Thomas P 

Sir T. Armstrong. It piveth the prisoner, or 
(lerson outlawed for hig;h -treason, a year's 
time to u'versc the outlawry, if he were beyond 
sea. I desire it ma^ be read. 

L, C. /. Ay, let it be read. Where is it, do 
you say ? 

Sir T. Armstrong. It is in the 6tli year of 
Edward 6. 

Mrs. Matthews. Hei-c is a copy of it ■ 
[Shewing' a paper.] 

L. C. J. Why, how now ? We do not use 
to have women plead in the Court of King's- 
bench ; pray be at quiet, mistress. 

Sir T. Ar/mtrong. Pray, hold your tongue. 
My lord, I could not come to alledge tliis 
before, because I baye been a close prisoner, 
and nobody permitted to come at me. I desire 
counsel to be assic^ned me at this bar. 

L. C. J. For wfiat, sir Thomas ? 

Sir T. Armstrong. To argue whether this 
outlawry oujrht not to be reversed. 

L. C. J. Read the statute he desires. 

Att. Gen. Ay, let it be read. Sir Thomas 
will not find it to his purpose. 

CI. of'Cr. What Chapter is it ? 

L. t. J. You may easily find it about out- 
lawries for treason. 

Cl.ofCr. Reads. * Provided always, and be 

* it enacted by the authority aforesaid, That if 

* the party '— 

Att. uen* Read the clause before that, sir 
S:imiirl. 

Cf. ofCr. Reads. * And that all process of 

* outlawry hereafter to be made and had within 

* this realm, against any offenders in treason, 

* b(Mn<if resiant or inhabitant out of the limits 

* of this reabn, or in any the parts beyond the 

* sea, at the time of the outlawry pronounced 
< against them, shall lie as g(K)d and effectual 

* ia the law, to all intents and purposes, as if 

* any such offenders had Ijccu resident and 

* dwelling within this realm, at the time of 

* such process awarded and ou'tlawry pro- 

* no u need.' 

L. C. J. Reod on the next paragraph. 
CLofCr. I?(ads. ' IH-uvided always, and be 

* it enart#*d by the authority aforesaiti, that if 

* tin*, party so herer»lUT to Ik.' outlawed, shall 

* within <mo year next iiltir tlie said outlawry 

* pronounciMl. o! jinljrnieiit jriven U|Min the suid 

* outlawry, yiild hlinsi'lfunio the chief justiee 

* of Liiglsnid I'ur the time beiii^r^ and offer to 

* tnviTse (he iiidietitient ora|)[)(>ul, whoreiipori 

* the said omJawry s\\\\\\ |>r pronounced as is 

* aforesaid : that then he shall be rteriveil to 

* the saitl trn^iT^'. :'nd heiiv^ thereiip<'n found 

* not <.'iii!l;. fi\ ihi. \enli»t r-f I'l Mien, hi; 

* shall h'.- ele:ir!y ai-<|iiitted and di»-ehartrvd of 

* tiiesiuM ouihivvry, and of all priialticsaiid f»r- 

* liiiiures hy n :iN«Mi ol" iIm' ^a'n;', ill as larpo 
' iivd anii)ie iMariiwr and firm, as though nu 
' such outla\> ry had beeu uiade, any thing 



Ill] STATE TiUAL3,3b*CHAliLES lU iSS^^Proceedin^B 9gami , [Ul 



* herein cobUiMd to the coalrary in any wme 

* notwith9UJ9din|>f.' 

Jtt. Gtn. Sir Thomas, 1 suppose, now nill 
thew he yielded himself to your loril!>hip. 

L C. ). This i» the tirsl titne I have veen 
sir Thonras. 

Sir T. Armiirong, My lorii» I btve been n 
piiiofier, &nd tbe yeaj* is not yet out ; 1 now 
ftsndei' myself. 

Ait. Gen. Before be went oat of Kofi^lanil 
lie mig'ht hare rendered] himselfi and b^eu 
tried, if be pleojed^. 

Sir I\ Armstrong, I am within the benefil 
ai tbe statute, t conceive, my lonl. 

X, C* X We think otherwise, tir Thomas. 

^ir r, Armttrottg, I think, my lord, the sta- 
tute is plain in the case. 

L, C. /, We arc ol* another opinion than 3 ou 
«re ; it doth not reach vour case. 

Sir T. Armitrong. "fhe year is not yet out, 
and therefore I come time enough now ; and 
here 1 am, and desire the benelit of this act, 

X. C. J. Sir Thomas, you should have ren* 
ikred vouraelf to me* 

fkc T. Armitrong* I do it now, my lord, and 
the year is not yet out, 

L. C, J, We'cannot infce notice of that ; we 
bave nothings but the outlawry, and you did not 
render yourself according- to that act, but are 
brought as a prisoner U^iori^ us nf»w. 

^r r. Armstrong, BIy lord, I l>eg I may 
hare counsel* to plead i\n me in this cas«. 

X. C, X For what reason i^ we ar*j of opi* 
Dion it is not a matter of any doubt For you 
must not go under the apprebcnwion that we 
«leDy you any thin§:tbat i^ ri^ht ; th^'rc is no 
^oulc'nor difficulty at ull in theihiug.f 

^ * * H ere the prisonif r was denied cou nsel u pon 
« point of law, in which case it was never pre- 
tended but be is intitled to it/* Former Edition. 

f" King and Johnson, Mich* S* Geo. 2^ 
B. IL The prisoner was allowed to lie within the 
benefit of the Proriso, and though he had es- 
caped out of prison, and wax retaken in Eng;- 
Inttd, was admitted to prove himself bt;yond 
lenal the time oif the outlawry; and upon 
proving that be was then at Middlebur^li in 
Zealand^ his outlawry was reversed, and be 
was admitted to a Tnal, and acquitted : Arm- 
wKroog*u case was declareil a precedent uiA fit 
lo be foUowed.'* Former EdiLian. 

This Cane of Johnson is thus reported by 
Mr. Justice Foster, Crown Law, 46. 

*< Michadmas* a Geo* 2. B. R. 

** The Ciiae of RocEa Johnson, cited twice in 
Mr. RatclifTe^s Case, was thus: 

** The defendant stood outlawed upon ou iu- 
dicUnenifor UighTresi&ofi in diminishing; the 
current eoiu of the kingdom, and was taken 
and committed to Newgate. Being now 
brougfbt to the bar by Halteas CornuSf he of- 
fered to surrender himself to the chief-jaatioe, 
pursuant to the act of the 5th and 6lh E. 6. c. 
11, (being within the year) and to trai^ene the 
t 



Sir T, Artntlrong, 
staiule is plain. 

X. C. X So ., 
have no advantagi 
you shall httv 
next. 



Lin. I 

So it h very plain thiit vou «■ 
antagebv it. Captain RicharddB 
IV c a rule for t^xt^cution on Frvfi^ 

8ir T, Armittong. I would only l^kt; fiuti(# 
of one Uiing, my lord, rnay I n^ieak ? 

indictment ; alled^in^ that be was ai I 
fjcyond the seas at the time the outhm^^ ... 
pronounced. 

" The chief justice said, we cannot rtfmt h 
accept his surrender ; be must be renvi 
Newgate ; and let a special entry be in. ^ 
he olfertfil to surrender, and to traverse the j 
dictincnt** 

** At another day in the same ^ 
feudant wa» was a\^;jiin br«»oght to 
he tc!ndered a pWu iu p.ircluncui, - mm \ 
*" was out of the realm on the 8th of Fd 

* when the otlllat^fy was pronounced/ 
pleadcfl over to the trcasou ; which plea 
receive<t The attorney -gtufrid pra\ed 
bemi^htha>ea copy of liie plea, and i 
days time to demur or join issue; which 
g^raiUeil ; tlie court declaring thut the attni 
might h:ivc joined issue inttanter ; and that j 
the trial of such issue the prisoner could 
chislUi^^e any of the jury without cause, 
pnsoi}er prayed counsel aitd had tour assig 

** At another day ia the s^imc term the { 
so**"- *' "- '^ ^Hr hnr, hy kave of the 
\\ , LJiid pleadf^d the stib 

ot ., ... .. ., ,.^..,;^ beyond tica on the 8tbJ 

Felirnary, orv Unu*, The aiKkmey-g 
ore t€niii repHed, ' I stay he was with 

* realm on the Bth of February, and I xn^ 
' his being then out of the ri^lm * Issa* bi 
thus joined^ the court awarded a venire rttflfj 
able mttttntlr^ aud ihcsheriM, sitluitcthcc 
returntMl a jury. Then the prisoner's 
ojYened the |dea and case, and oalleil tb 
nesses ; and the attorney -^enend insiiri 
the witneases should be* examined api 
were so examined ; as likewise were 1 
UMses produced on the part of the 

" The prboner*s counsel maoug^ed { 
tn bts behalf, and three of them were Im 
the reply j and the jury* after a short 
returned with their verJict, * That the u 
' was out of the realm on the 8th of Feu 

** Then the prisoner was arraigued on \ 
indictment, to which be pleaded not g'u|^ 
and the attorney joined issue, and prayc 
venirt returnable the first return of the 1 
term \ which the court awarded \ and ihn { 
soner was remanded to Newgate." 

** This note of Johnson's case wi 
cated to me by %uy good friend the late J 
Justice Abney, The case is reported by i 
jeaut BarnardLston in his iirst volume^ ftnd| 
sir John Strange. 



* <« This justice was refused to mi ' 
Anustrong in a Uke i 



J 



r^TC TRIALS, 56 Charles 11 
1^* &f TttOdtav^ fery Treclj what 
, A ^^^ while aq^o iUarti 

':uw my 

' TLottiUv Armiitroiitr. voii irmy 
ofyour 



ir<ii in;ii an t ^ 

V I !-.n>. ^ 

I'miigatnan, 

f, tiow n ise 

ffbrhirT^ ■ list 

ft-' Ja^lice 

'nJudgiueaU 

•^ judjptnouU nil! 
^.uUy of hjgli*irea- 

I- T timv G'»d* 

"« never pre- 

'!» 1 mn da- 

4-iu tadomy tJuly^ 

&iii, I uould only ftC^piHlnt 

, in iviVreorc in what ?iir 

' ■ J (lid in- 

til* sriie, ao 

. ( thai, JWin i^1^ irijjr .tV» per- 

•iMitc reaioti for it, Gut the 
no unrt <»r . M, I Mf. .-.►,.,:... 
[tl»r kif^. For it '. 
(brcn g-iv* u 
J, lliat alWr llii» fljsappoint- 
► IpnrQ liy the pftniflfficp of f :od, 
" 'HmtI lit 



IT c^idencf , hh pr(»itirtly 
r .^►i, ♦,,, 1^ 4,1,1 ^,i,^.,j lie 

'^ of cottirtiunira- 



f i»CMfe nf Hoiioway, p. t, of thii 

skinc's 

to the 

tfib Ittd kem «0 «t iiicutly driu-, it 04111 

^teiCViH •*"* " "i« 'kivis (leenso 

Il«ltt9f iry, ajsdlct 

. ^ conicimii- 






1 654.— Sir TlofmtJ Armstrong, [114 

tioti with {preign mioisters witli nihev peopk 
were tdken about him, sud will be 

X. C. J. Weaie not to nieJdla at all wilh 
tlie evi<leuoe, Mr. Attorney ; that is not our 
LusinL'ss : here is an outUs^ry ; upon this out- 
1"' ' * ' ' aitainted ; we have nothing mor« 
1 do th^* d ut y of the court U|K)n this re- 

r i^ III nwsnl exixutitjn Upon that ai 

t jvearuJtjforit. Iftlieking 

v\ i or sir Tliotnas Armstrong 

what Im did ibr iiuUuway^ and indutgt^ him a 
frin!, and wave the outlawry, wilu all oar 
b. We are not digpo^tcrs oi hh gvac€ and 
I , hut the ministers of his juslite. If the 
kiijjL; will patnlon him, he may ; that is not our 
busjnc'ss ; but all we have to do upon what is 
' ' -^ UK» IS to C' ' ■' -id, and Avbat 
1 ^oner mys . 4 of exet^ut ion . 

, , ._ ,i.iveconsidti\x* t. ... ..i^. ..,i.% be a yieldiu^ 

within the proviso of this statute, and we think 
it is not, nor on he, hy any means. 

Sir 2^. Armilroni!,, My lord, I am witliin the 
statute. I was outlawed while I Mas beyond 
tk:a,aiid 1 come now here within the t\^eke- 
month. That i» all I know, or have to say in , 
ihii* mutter. 

L. V, J, We think i|iiitc tlie contrary, Sir 
Thomas. 

8ir T. JrfnUrong, When I was before the 
council, my lord, they ordered tliat I should 
have counsel allotted Vne, but I could bare no 
benefit by ihnt order ; for when I was taken, I 
wasi-obbett of all thi? money I bad, uud bavcnot 
had one penny rvvtoreJ to 10c, tior any 
money since ; I know not whether the law al- 
lows persons tfi my cooditioo to be robb^ 
and stripped. 

L, C. X I know nothing at all ofthat mat- 
ter, sir I'liotaaa* 

Sir T, Armitrong, My lord, I know lawvers 
willnotplead witb^ ' -^li beingrolibedi 

I couUl not havt- ;i?e lliem. 

f (f >ii«- t:. ,,,,..,., ;^ ^ti(f, you tekt 

mg- what ytju [th iise j you 
^ fied, nobody ha» robbed you 
Chat I know of, 

Hir 1\ Artfiitrong. Nobody says you dc^ 
know of it ; but so it as. 

L, C. /. Nay, be a» angry as you will, ttr 
Thowas,»e are not concerned at your anger. 
We will undoubtedly do our duty. 

Sir '/'. Armtnm^. I ouudit to havetlie bdie- 
iit oi the law, and 1 deinund no more. 

X. C. J- That you slmJI have by ihe^raceof 
God, See thnt exerution be done on I'rtday 
ne)tt, according to law. You ahall have th« 
full benefit of Ukelaw, 

Then the prisoner was carried bark to New- 
crtite. and allerwards^ upon a rtUlion»thc< 'ourt 
' () I^irH. fVlauhewato be rd«ascd out of 
V wiiliout ffccs. 



urs4 of the contmry could, probably, ban? pre- 
veiled to put so strained n sen^e ofi the statute^ 
in order to deprive him ol a Trial.** Fornix 

Edition. 

1 



1 15J STATE TRIALS, 36 Charles II. \6^i.^Proceedings agmnat [1 1(7 

/Hie Khcrifls of London ami Muhllesex, about 
nine oVlock in the morning, coniinuf^to New- 
^ati.', an«1 demanding tlii'ir prisoner, he was 
forthwith delivered to them, and put into a 
slei!«;e, and drawn to the place of execution, at- 
terwli.".! hy a luiinerous ofuanl, and a3 great a 
luuitbcr of spectators, (»f all de<>:rees and quali- 
tiMi, as have been seen on such occasions. 

He cuipl(»\>Ml the time be was drawing to 
Tjhura in rei*din;,^"The Whole DutA' of Man/* 
till he came within sight of tiie ([^tillows, and 

tlien he laid ic by, and with lifted up hands and > That Mr. Attorney change 
eyes, adflressodliimself to JK'aven, till he came I one of those that were to kiU the king. He took 



and particularly of what Mr. Attorney accused 
him of at the Irar. 

That he prayed to be allowed a trial for 
liis life, according to the laws of the land, and 
urged the sUtute of Edward Gth, which was 
expressly for it ; but it signified nothing, and 
he was with an extraordinary roughness con- 
deunie<l and made a precedent ; though Hol- 
loway had it offered him, and he couUlnntbui 
Ihinic all the world would conclude his 



; very different, else why was it refusetl to him? 
That Mr. Attorney rhanred him furbein? 



beneath the tree, w berc he remained about a 
quarter of »m h««ur in the sledge ; before he 
asiTiidetl .the cart that stood n*ady for him, he 
desired the sheritf to admit Dr. Tennison to 
come to bin I : and having delivered a paper to 
the sheriff, the doctor kneele«l down with the 
prisoner, nnd pra^x-d with him about a quarter 
of an hour, during all which time the pri- 
soner prwiJTved a Lieeouiing and heroic coun- 
tenance, little daunted with the terror of that 
fate he was in view of: but rising from his de- 
votions, he nulled off his cravat and bat, which 
he gave to hirt ser\ant who attended him, and 
had folio tved him by the sledge-side, when 
kneeling down himself, he prayed for a short 
time with fervency and dcvolion, begging par- 
don of his God for those manifold and crying 
sins he had been too often guilty of, and con- 
cluded with a resignation of himself to the 
God of Heaven and earth, before whose judg- 
ment seat be was forthwith to appear, desiring 
that the whole world would forgive him, with 
w lioni he hoped he died in peace and charity. 
Having thus ended these devotions, he ngam 
stood up, c.d putting off his periwig, he nad 

a white cap dehvereil to him, which he put on ; 1 

and being soon after tied up, the chief of his | These Proceetlings w.. re afterwards enquhrf 
di<tcourse was adtlresscd to a gentleman who l i„to, and censured ;is illegal by the House fit 
stoo<l by him ; and a^er a short ^pitce, holding ■ Commons in 1089.^ 



God to witness, that he never had a thought to 
take away the king's life, and fjiat no mui 
ever had the impudence to propose so barbaroiH 
and base a tbini<f to him ; and that he ne^'tr 
was in any design to alter tlie government. 

That if he had been tried, he could have prov- 
ed the lonl Howard's liase reflections upon him 

to bo notoriously false. He concluded. That 

he had lived, and now died of the Reformed 
Religion, a Protestant in the communion of the 
church of Englaml, and he heartily wished he 
had lived more strictly up to the religion he 
belicveil: That he had found the great coni- 
ibrt of the love and mercy of God, in and 
through his blessed Redeemer, in whom he 
only trusted, and verily ho|»€d that he was 
going to partake of tliat fiduess of jo^ whirh 
IS in his presence, the hopes whereof infinilelj 
pleased him. He thanked God he had no re- 
pining, but cheaii'uliy submitted to the punish- 
ment of his sins : he freely forgave all the 
world, even those concerned in takinff ^ away 
his life, though he could not but think bis sen- 
tence verv hanl, he being denied the laws of 
the land.'*» 



up his hands, he agjiin ren(*wed his prayers ; 
his visage little changing all the time, till the 
very moment the cart drew away ; the execu- 
tioner Imving pulled the cap over liis eyes, he 
continued his prjyers all the time, and even 
whilst he huu'^, as b)ng as hfe was in him, 
and he hud the counuand of his lips ; afler he 
had hung about half uu hour, and ih<.' execu- 
tioner had divested him of his npparel. he was . 
out down atrording to his sentence, his privy i 
roembers burnt, his head cut oil", and sluwed 
to the peopli: as that of a tniitor, his heart and " 
iK)weU taken on I, ami c<Mn!uiltc*d to the thuurs, 
and his bmly quartered into four parts, uliich 



Mailis, \1 November, 1689. 

A Petition of tlie l-.idy Armstrong and hsc 
daughters, wa.; read ; vvficreujiou a l.'ommittM 
t was uujMiinted to examine the matter, and 
make tlieir roporlto the House. 
*' Resolved; 
^^ That it be an instnu lion to the Committer 
Thnt they examine who were the judges tka 
gave thi* sentences nuainst sir Thtnnas Anm 
i^trong, and who v^ere the prosecutors of him 
and who had his (stute; and how the pcti 
tinners inuy have iriiiralion : and also to 
■(edinjrs v.ei 



mine whiit proe( 



rverc in order. to 



with his head was oMi>ey«Ml bark to Newgati, i ^.y\^ of trior by him desircil, aiid how it caMS 
to Ih' divposed of according to his majesty's j xa be dinicd, and by whom : And thcvare t 
pleasure; and were afterwards publicly ex- | make their lepoit w'ith all convenient spccd-f 



I»osefl. 

Ilu? sub'»tan'*e of the Paper de-liveriMl to the 
sheriff was, ** Tiiat he thanked Almighty (i'wl, 
he foiuid liiniself prepand tor death, his 
thonglitsMt upon uhiithi-r world, and wcani't! 
Iioiii this ; \i>( he could uot but give ho much 
•f kiri 111 tie lime as to uns\\eT some caluiunics, 



l\1artis, 19 November, 1C89. 

Mr. Chrisly reported from the Committf 

to whom the ^Petition of the lady Armstroim 

and the daughters of sir Thomas ArmstM^i 

was referred ; a:i account of the whole pB^ 

« See 6 Cobb. Pari. Hist. 415, 516. 



171 STATE TRIALS, 3^ Charles II. j Gu.^Sir Tkomui Armstrong. [1 18 

iiitber ; ami sir llobert Snwy^r f (then AtU>r- 
oey-Gener-al) being' rmminJ hy lier, as i»oe of 
itie prosrt'uiora ; atier slie wus wlUidruvvii, ht 
was heap I hi hts place lu vUiat uns otijeiled 
against liiiii, anti thi^ii lie wUhdrew, ami m\kh% 
itebute of the uiiilt r, li vvas re^oU«d, '' Tiiut 
sir UoIk'iI 8aw^)'£r*ia name be |Htt into ihc Bitl, 



[ia#*n ft*r»;nst him ; and that thereupon ihcy 

[ 1 . ' •A nnslrong's rilea oiigh t 

iW^c uct-n ,tu4naiiHi, iircimJiii^ lo me stutiUt* 
«f l>dwftrd (I, iind that tlit' tfxrcution of him 
' '*r hy outlawry, was illegaJj 
(jrt'ttHice of justice. 
extMdlOTs uod heirs of sir 
>)^i ou^ht to have a I'ejiara- 
.-i out of the etitates of tliuse 
i writ: iaih jii*\i*,eii ttud |irfi«cM>uturs. 
[ 3. •• That a Writ of Error for the reversal dt 
|jti4c^)<^ot iu fcl'ioy or Ireasoo, i»» the right of 
i nJijffct, &nd outf-ht to lie granted ai his de> 
ib^ ind ts> fitit an art of gnxce or favour ; which 
uaj be denied i^r granted at pleasure. '''*^ 

^ 1\> ill whtcb Resolves the House agreed. 

^ BeMdvod, 
I** Thwi U«ivt? be given to brinjf in a bill to ro- 
Pihi- ivHrnfiiirr -f Sir ThomaH Artuslroofr^ 
taitrt II to his .vidow and chil 

- of the judges and pro- 
I mad the aaine to he without feea.^' 

Btmiidiij tlje ^2oili of Jauuaiy, 1089. 

\ Mr* Chmly rcjiart*?*! from the Committee, 
mbods the htU for the annulUng the Attain- 
*d «r Thomas Amiiitron;; v as {"ecocnniitted; 
ti«ake witfudinetiUi to the bill ; a*^ abo who were 
li» |in«Hsiitoni ; an* I aliso \^hctt losses sir Tho* 
itn imitfb^oo^'^ tiiniUy huil snstaiue<1, by 
I of the altainder f and thereufHin it was 

Richard HoUoway, sir Fnincis 
i executors of the lute lord Jeffe- 
[pii, tttif «f tlte late justice WaJcoi, >lr. Gra- 
1 Mr Burton, do HitemI the Housf on 
r OHnrtiini^ uext, to answer to «uch mat- 
I ir» cliargeil at^n^in^t them touchtuy' the 
I o^inst »ir Thuuias Aniistroii|^." 
Thm Mrm. Matthews^ sir Thuuius Ann- 
' inkog'f daughter, was called in, and examiix^d 
italic ktMfW of the prosecution a^nst her 

* 8ee S^lk. 5>0i, and the boolcM there ciietl 
SrTM'int Wtbon^s edition, contr. H. C. 
J ^lod. 47 ; in the rontier of which 
-^uf, * This «3eius to he a cwnc of 
et durus sertno/ ^^ee^ too^ 
' , p. L of this Volume, and 
*4 iL«tx:ti(i'e and taiDeron, and also 
iiifa Hejt^ of the tVown, as there cited. 

f " The ra«t fcamlii*f and iihility of sir Ro- 

1 Sa^s^ r," «;av^ Mr. llur^-raTe, (Preface 

f* on the Jurisdictiou of 

Cnrliatnent, cxli^ Note) 

hed by hSs ivooiicrfutly 

sinfuiut-nt for the crown 

1,1 i niii]*»u t|no Wart^uto caiie in the 

rCbiiifii the **'Cond By thus referring 

vof 

_,. ^,..^, : 1 ■.. l-':'bert 

lite atf a ifienibcr oi parUaiuent and 

^ift particuJar* lathis ^reat struggle 



of the Couuiions about nppellaut jurisdiction 
over equity he took a decisive pari ii;{uui»t th* 
claims ot the Lotdh. Alniut tive yHirg otter- 
wards and \« Uan im Umi been Speaker of the 
Commons, he was made aitumt-y i^enerat, aad 
in that uttice so couducted liie stale prosecu* 
ttous during the latter part ot the rel^u of 
Ctiarlea tht; second and for some year* ol th^ 
rd^rn of hii» bii^oited and unfitrtunaie successor, 
a^ to tender himself very ua|Kipiil;ir if not odi- 
ous. But a i'ew months before the Kevolution^ 
sir Robert, havings itdwiefl to bupp<irt tiie did- 
nen^iny^ power [See the Case of sir Edward 
lliil&s, in this CollecUon, ^, n. 1086") claiuj*;d by 
king James, wh» removed from oificc : und 
then he was singled out as ooe of the counsel 
fur the bishops on their trtalH, [pee their Ciuie m 
this Collection, a. f>. 1688, J and acquitted hiin* 
self with di»tin^ui^hed abdity >?ee K Bum. 
Iliit. foL ed, 742. lu the Couveniiou Parlia- 
ment, he wa*; zealous aurumsL Jaoie^i ; and in 
one of the debutt^!!^ previou«» la the vuie of Abdi- 
cutioo, eveu W€nt the Icuj^thof ^saying; *- in all I 
' have read J nev^n Luet, iu no sihoit a reigOi , 
' witl^ the laws ^ viMhitcd und the prerogative 

* so stretched/ ^ Cobb, PafU Hist. 48. \V hen the ^ 
Revokttion was accotiiplintied, there s^eemed to 
he a prospect, that his ^vc^i U%wX and p:irlia« 
itientary abilities would raisr him ag^ain iiit4i ' 
some hifjrh official situation in the law. But 
bis rivals were catfer ui uke advantiig^c of his 
iitriiier eoniiuct: and his harsh procf^cdioLfa 
uitifain^l sir Thomas A rmsjTt"/ ^^i'" was exe- 
cuted on an outlawry lor > i notwith* 
staii<hng ull the cannot :ii; , - etfort^of*] 
his lady and her friends to obtain a ^^rit of er- 
ror to reverse the judgfuenlf the leK'aliiy of i 
which was niMst ap|iarencly fjue*tionablc. soon 
gave the oppcfftuiiity^ A |M*tilion of lady Arm« 
stron|>; iiud htsr dau|<luer» wjis presented to thft 
HousL* of Couuiions ; and the result was im- 
plicatm^ sir Hiibert Sawyer a^ the leader of th# 1 
protjecutioii, and in respect tif it he whs ex- 
pelled the i{ou!»e of CofuuiouS. it ts ob- 
ubservable^ that this petition of lady Artn*itron^ 
produced a tiesohitiou of the Houe« of Cuui" 
mons, * that a Wni id Error tor the revental of J 
' a judgment in felony or treason la the hgbl I 

* of the subject and ou^ht to he i^rantefl at hit 

* desire, and is not nn art ot gnue o*- favour, 

* wfilch m«y be denied or granted at ' 
This Resolution paired ttie 19th N > 
H hicb w as about two nioutht bt t 

f'\pukiou ; and it seems from 

count ofrh- ^ ' '' ' ' 

coarsie b+ ! t 

gratttiug ui ,...,::- . , i i 

grounds. But on the other Imnd ti 
remembered on his bebaU, that the 
3 



Fmie of the pro«ecutore of sir Thomas Ann* 
strong." 

Re^ihed, " That sir Robert 8ftwycr be «6- 
pelkd the House for the same.*' 

Saiunlay the 15th of January* 1689. 

The House beioQ^ acc^aalntcil, TbJil acconf- 
inr to tfu'ir onler, sir Frauds WytUens> sir 
llichaul Mollo^vay, Mr. Cimham, ntwl ^ir. 
Br*' '^ '^'luk'ti at the door, thry wert^tevp. 
ri iti» aud examined, toiidiiu§r the 

L'l . ,_ . , ^ iiud Pioceed iu ifs og^isi t>i r Tho- 
^ Ai-m^trong» 

^ ^.sil uJwrt the executors of the late lord Jef- 
ferics, that were litteudini; at iheHoor, were 
likewise vu\\ei\ in* aud askeil what th*'y ^Hd to 
iny, w bv rejmratiou should nni bv made out of 
the lonf Jc'flcrif^'s t'slate, to the said sir Tho- 
mas A i t ' (.imily. 

No i ]>earing a* Executor* to the 

late juritm If ui« ut ; the House wns aci^«ainte<l 
tbot he died iote^tate^ and had not left ao estate 
•ufBcieid to [lay his flebts. 

After the t^^rsons before nientiooeiJ were 
heart! and withdrawn, 31 r. Biaucy was called 
in, who gtive the House au aceount of the pro- 
ceetlingT? in the court of Kiug'i •bench, upon 
lite ftivarding execotioD against sir Thomas 
Armslroug'. 

Aud then the House pn ![>on the 

amefjdraents ruaJe hy the ^ lo the 

bill, for aunulHn|tf" tlieAttaHHH.r < 11 vjr Thomas 
Armstrong : anfl arter havin*^' inserted the name 
of sir Rotwii Sawyer, as a proseeutor, and re- 
solvttl. That the sum of five thousand jjouods 
ihould be paid hy the judg^es »nd proseculors, 
to sir Thomas /^Vrnstrong^'s lady, ajid children, 
B» a recompene^ of the losst^ thev had sus- 
tained by reason of his attainder, tlic bill was 
recommitted (upon the dol»ate of the House) lo 
the sauie Couimtltee. 

Til is bill not p^ssrngr, the Attainder stood in 
force liU 6 Wilhara iind Mary, wlien it was re- 
versed upon a Writ of Error In ihe King^s- 
" eoch ; ibr that the record did not mention 

here the court of Hustings were held, the 
da Dro Chitatt' London Ijeing omitted. 4 
Mod, Hep, 366. 



t A COPY of the IMPER dehrered to the Lord- 
Keet»er NORTH, the Lord -Chief- Justice 
^^ JEFFRliYS, aud Mr, ATTORNEY- 
mm GENi^R\L, by the Lady ARM- 
^" 8TR0NG, on the behalf of her husband 
I Bir THOMAS ARMSTRONG . 

|l My L(.rd ; 

I am iiifornied, That by the common law of 

nes^ examined against him admitted, that he 
did not dcmaitd execution of sir Thomas till the 
judges had declared theQisel?es» and that as to 
die Writ of Error he said it was oot in iiia 
iKVwcr to t^aut a Writ of Error, but tliat the 
tug or lord kce|x.'r muM be applied to by |>e- 



nl oral 



Bug Umd, any cnati that was ouu 

or tt'eoBon, might brim; a writ < 
?erse his outlawry; which was to' 
» f?x debjtft jusiicia* ;' though it nil 
r¥^rtf>er f^r suing for such a writ of « 
' .» W by way of petitioii (l 

( ! uonstmncc de drait lor U 

ami so It Uiis re<K>lved an Niuiau Mtf 
Co. 4 Inst. *!.'). 

Next, by the common law, if aay 
in Ensrhiud at the im»e of the exigei 
and went out of the realm alter that, 
theoutlnury protiounr^d, he couki 
sign that tclr error, that he was h 
at the same time of the pi'onoatictng 
la wry; and the reason is, be«iii«« 
hereat the time ol* the awan i 
aud mi|£ht reasouubly havt^ 

On the other side, If any were cju 
land during the whole process and | 
tion of the outlawry, it was never 1 
Imt that was an error, and might I 
for error, either hy ihe iiarty or hia I 
eouuuoti law, and so continues to 
and was, not long siuee, adjudged in 
case, the Irishman, who came io 
years after the outlawry. 

Then comes the stitute of 5 ai 
6 cap. 11. and enlarges the law fcMr 
of the outlawed person, aud gives k 
to assigu for error, that he was bej 
the time of the outlawry pn»uoiinc< 
he could not do by t^ommou law, 
siaiote ; and so continues. 

Then comes the proviso, and say 
must come iu within a year, aad n 
self, to be entitled to the beiietil o1 
which was to atisigu for crrtir, tlkat 1 
yoniJ se<k at the time of the o<utl 
uouueed> 

So tiiRt, my lord, upon this short i 
law, an<l mv husband^s case* be bei 
sea all ihe time of the (rrocesH^ and i 
of the outjiiwiy pronounced, it is co 
is well entideil to assigu this for ei 
common taw, without any aid of I 
ttf..M.ri, ift^ nroviiio iu tliat statuta 
I 4 him; which f with tub 

!i - J of many leiimeo f 
tlmi he IS within the tntetit and i 
proviso, for many reasons ttni 
your lordKhip witli now. 

Therefore I do hope that 
husband's being the first case 
was executed upon an outlawry (tl< 
desire it) luay have thai **t-jaht with 
shift ih.it U dcMi'r^es : iind do hiipe 
lordship will so »dvi^•e the king ii 
law (wdose counsel you are), that n 
may have a writ of crr^ir graiitetl 
counsel ussigatil him to ar;iiie these 
by the law liss h«den allowed to crimi 
piUil cases, with whatsoever else si 
upon the record of outlawry urodu 
a« yet my buaband, or any lor him n 



"4 

Lsa mm 





STATE TUIAIA ^ Ciurles II 
»nm^ ift Rm|^ Nurtii'ii ftdeccc of 



Mi :i]nAu'*itn>H I 



' il u wril 



t «ii«l^ wa<K oiaU««v<Hl lor tiit^ Uv<? Floi 
j«pfM»nl u ftir 

I his 

9«^ii«i iM ji-iK* :* ^\^^l oi • in r^ ami bc 

tB ||lcfliil. Hut the jut^^^cii utre *'t 
>—"»•» IfTutlj^Kt ■'» I'^i ►' " f' 'C'ninst 
« f«nrf«rri ;i the 

I, litrcttpou I ate^L 

|w*jfi-p fnr n writ of>rrnr ; jinil, i'Xti- 
P ^ittuid that 

telt tr«a<»on, 
ULixU out u itUtJut a H armi»i 
'ISeiK'rml ; lior U im mot u wrU 
vour ; aiut ' ' ', cJe- 

_Ti»t Mpal lijid 

But t. 



mil»<jliM«4: ]' i<r It. 

iii^ afWrvt ^ . it^d 

ftr^iiit (iC a (liecc of comnum jiihiic*' 
^^VtiiOkl; »ihJ, n^Wr tli*' H' volutiun, 
li^-ffuin ii» o|K'ii uinmt it. 
»fi«per was lrnuK-il, mimI pul 
of MiriaM nil (iiWi K, ^* hn tin il 
ifl»nE|irtflcoi fAHher, ihut, K It 
«^ iIm cufiilor li» UHiki^ nut wntii 

m. Ami 
I, ih llmt 

^ ,.. I,:tl1 to UlM 

^H' ti..- li'tuial 

t2, 'I'he ap< 

apL<etal viriiA 

rlri uutitein ly otKfii court, or Uy 

^t wladihtm^ (raoM, m fins i» wkiU: 




^tai M«e Uf^i 4 
il writ Htt«*H'i 



^,«4tttii 

« II 

^^thBRfiaAltograi 



):ii4 in Um? 



. 1 68 i.— Sir Wowirf Armitrcng. [ 128 . 

ever iiia<lt* in tlsil caxe. 3. An oniJ applies tfOQ 
in prtrale^ m not to \*e lecfanled, because Umtc 
iii uo ccitniulv of >TUat la cither allied or d^* 1 
hum) P.r.«jin*s*» of that kiuU, ui ool trLisi«4 | 
; hut majii U; in writiug-, because 
» 'Hprr is iittt to nohcii atiy m^irs luii] 
iil hiH iuj>tau4^e. lie may direct ifheihiiikal 
lit, hut is not hound, 8fjiU)in!i must liiJlow iQ 
the j»h»|wr f>1ii«'#-s; and it was nc%er lieanl th«t ! 
sucli suit It as nmiU to the lord keeper, but from 
the person ivhuae am* it is. There Yvaji rca*i 
Aoji to endeavour a rif^ht uiidentundin^ at tbaij 
time^ w hco roramittt^ts of br)lJj Houses afkaft 1 
nertj appoiotrtl to enf|tiire mU* tl»e foregoing J 
proi^ecdinf2fH. Th&t itt liie House of Lorda w$m j 
rulJed tlur Committee of Murther. But alUv j 
all uivtUnU of t oquiry Uiat could he taken 
upoo outh or oilierwiaife, oo k)ame Has tuuud in , 
^Tiy indite or mimster in the time of kin^j 
Charles 2, VVht<'li, ys hiiM been touched al* 1 
rcady^ is a vimlicatiorv that few ages, pot t4J 
such atrial, ^uld hope Ibr/' 



A Copy of the PAPER delirered by Sir Tbo 
■AS ARWfTRttNG to the Shmlf. 

1 thank Almighty Cod, ihon"^l> I Km ve bail 
but a short time alhw^ mr, I r pre- 1 

pared for deathi and cny thofi;^l m uao^l 

tUer viorkl ; aud I trust iu (jod's mercy, 1 am] 
\^t4\ weaoetl from stttio}^ my heart on this : ' 
yet I i'linttot but givt- so miK^h af my htile lime^ j 
(o set down in ^viitiug my answetM to aoiiie t 
lumnien raifted since my clu^e imprisuruneiiL 1 
HA well as what Mr. AiU>rtiey accused me ^J 
ut the bar. I was told, a very i^reai peri&D i 
f was a spy of Cmmwetf's. 1 was sent fron 
'''"'•• ►ly the hetii and loosiilerti blest frietM 
\u\ then, with hilU of exchange, 
wry great importanre lo his majeitjf j 
1^ ; I appeal to ltismaje«t} if I delmr* 
t)Ot sale, and Iuh answer to ifa 
wheu 1 TL turned : Whieh I hkd not bc^n abof#l 
nix days hut 1 was elappetl up a cto»e prison<9J 
in the Gatehouse, and in extreme dani^r 
my hfe for that journey. Before this, 1 ha 
been a year in Lambeth- house a prif^ooer ] 
and alW a prisoner in iheTower^ when ibe 
Uiiurper dietf^ und riear starvintT in evefv one nf 
ilN*in : tery dl treatments for a «py »qu a ueo^ 
sioner \ My lord td' Clilord and many alnert 
ol' quiihty, will 1 think, testify my iuuoccficse 
UI tlwj* point. 1 protect, heftMcGoif I wns itercr 
a flfiy nr pcnstniier to Cromwell, or any other 
wan, On Haturday last I was brought lUiwtt 
to (he King's- bench l»ar, ou an outlawry of 
high treiisou : I was aiiked whut I had Utaty 
for my^ell, ihatjodifinetit of d*ath should w^ 
pass? I aoHMurod, Thai I was heyciwl nem 
when the ouUawry tame out ; I thought t|ie 
law allowed a wnt ol error to revrrne it ; I 
prayi^l I nii(^hl he allowed a tni»l for my life, 
lunmlmg to the bw^of the bud; 1 ur|^c4 
the statute tif Edviard r»th, vUitdi was ex- 
presH for it ; but it *iigiuB«^d nothing : I waa 
coiidciiimed, and made a precedent ; thougli 



I 



i2S] 



STATE TRIALS, 36 ChablbsU. l6si..—Proeeedingi. ^r. 



[IS 



Mr. HoHoway a little before had it ofTered him. 
I cannot but think all the world will conclude 
roy case very different : and why was it refused 
me ? Mr. Attorney accused me there for bein^ 
one of those that were to kill the king as soon 
as he came buck from Newmarket after the 
tire. I take God to witness, I never was in 
any desiorn to take away the king'& life ; neither 
had any man the impudence to proi>ose so 
basc^ and barban>us a thin^' to me ; iieitner was 
I ever in any desi<^n to alter the government 
of England. What I am accused of, I know 
no otherwbe than by reports, and prints; which 
1 take to be uncertain. 80 that it cannot be 
Expected I should make particular answers to 
them. If I had been tried, I could have prov- 
ed my lord Hcmanl's base reflections upon me 
to be a notorious falsehood ; for there were at 
least ten gentlemen, besides all the servants in 
the house, can prove I dined there that day. 

I have liveil, and now die, of the reformed 
religion, a true and sincere Protestant, and in 
the communion of the church of England. I 
have found the great cdmfort of the love and 



mercy of God, in and through my bless< 
Redeemer, in whom I ouly trust ; *and I < 
verily ho]>e I am going to partike of that fu 
ness of joy which I believe is in his presence 
thebojies whereof do infinitely please me. 
thank God, 1 have no repining at my he:ui ft 
the condition my sins have most deserved I 
brought me to ; I have deserved much won 
at the hands of God : l!fk> that I checi fully sal 
mit to this punishment, as being taken off bi 
a small time sooner, i do freely forgire 1 
the world, even those concerned in taking awi 
my life. As for the sentence of death pam 
u|)on me, I cannot but think it a very hard dim 
being denied the law of the land, as I thin] 
To conclude: As I never had any desig 
against the king's life, or the fife of any mai 
so I was never in any design to alter the gn 
vernment. I die in charity v^ith all the woriil 
and therefore I heartily pray God to bleas tl 
church of Christ every where, these jxMir ni 
tions, and the king's majesty ; and I heartii 
commend my soul to God's infinite merr 
through my blessed Saviour, Jesus Christ. 



Remarks upon the Award of Execution against Sir Thomas Arm 
STRONG ; by Sir John Hawles, Solicitor-General in the Reig 
of William the Third. 

trial to sir Thomas Armstrong, which waanen 
denied any person before nor since, wjhere 
was agreeil that all the mtnesses agiiiMt til 
]ierson accused were alive, as in sir Thomi 
Armslronjj's case they were, barely upon tfe 
quibble of^thc word * nMider,' which in no c 
that ever I rciid was ditlerenced from.^t " 
but in one cast*, which is Smith and 
case, in Cro. Car. 58. in an outlawry' for deb 
against husband and wife, which will not<9 
tend to, or warrant the judgment in this can 
and if there were but a doubt in the case, as 
canuot be denied there was, the outlawry oogl 
to have lK*en waved, or ut least counsel 1w ll 
prisoner heard as to the [M)int. 

It was a vain and unjust reason (and onl| 
tending to incense tlie thing) assigned by A 
attorney, that the prisoner was one who aett 
ally engaged to go, U]K>n the king's hasty cMl 
ing to town to destroy him by the Wifl 
whereas the prisoner offered to pro\'e his intfi 
cence in that and other matters of wbk^_ 1 
was accused : and even that objection agaili 
him was an invention of the attorney's, i 
any thing appears \ but then it was remlvw 
stop at nothing, and success had made tb^ 
fearless. Fitzharris and Colledge it was 



AT common law, if a person was beyond sea 
when an outlawry was pronounced' against 
him, it was an error in fact, for which the out- 
lawry was to be reversed ; and it is ah error in 
all outlawriw but fbr high treason to this day. 
By the 6tti of Edward 6th, that error is taken 
nway in high treason, but there is a proviso in 
that'statute, that if the person outlawed shall 
within a year afn^r the outlawry pn>nounced, 
yield himself to the chief justice of the King's- 
bench, and oH'er to traverse his indictment, 
and on his trial shall be actiuitted, he shall be 
dischai-ged of the outlawry. Upon the con- 
sti'uction of this statute, no judgment was ever 
given that I know of ; and the reason is, no 
man outlawed was ever denied a trial till this 
time, if he was taken within a competent time. 
The reason of making that statute was this ; 
men would commit trc^ason, and presently fly 
beyond sea, and . stay there till ttie witnesses 
who should prove the treason were dead ; then 
retnm, and reverse the outlawry for the error 
of their being beyond sea ; and the witnesses 
being dead they were safe : and therefore this 
statute takes away that error in part, though 
not in the whole, and doth in effect say, that 
the person outlawed shall not have advantage 
of tnat error, unless he comes and takes his 
tiial within a competent time, which that statute 
limits to a year al\er the outlawry pronounced. 

This being phunly the sense of the statute, 
was injustice to deny the favour or right of a 



had hard measure, and that their cases bM 
be forgotten, their quarters were buried ; ■ 
sir Thomas Armstrong's were exposed, tboOl 
the proceedings against him were equally. | 
unjustifud>le as in tike other two cases. 



STATETRI ALS, 36Ch arlesII. l6S4,.^Proeeeding9, against TUugOates. [126 



Proceedings on a Writ of Inquiry of Damages* between his 
Royal Highness James Duke of York, in an Action upon 
the* Statute <Ic Scandalis Magnatum,t and Titus OATES,f in 
the King's-IJench: SSC^harles II. a. d. 1684.§ 



Imyil highness the duke of York, haTing- 
^ la action a^inst Titus OateSf ^roundecl 
ilhcrtatntc tie SramUIis Matrnatiim, for 
rimderous and opprobrious words, the de- 
ls to the Writ of Inquiry to assess da- 
Id^ and the execution of it, nee tbe Books 
Ptacbcc and the Laiv Dicttooar^*, title 
i^nent 1;" title ''Writ of Inquiry to 
■ Oamaj^es." Under tbe first of these 
iiilbe Law Dictionary, edition of 1U09, 
■U, ^* the number of jurors sworn upon 
■fMSt need not be confined to twelve ;'* 
fa BQie is laifl down by Mr. Christian in 
ill* S Blackst. Comm. .'^98 ; hut no au- 
ihria suj^port of the posiiion is citcu except 
Gmc ot OHtea : ideb qua^e. It appears, 
hdOL Comiu. 398. Law Diet. tit. Judg- 
i 1^ that by the judipiicnt out of which 
Wnl of Inquiry arises, <' the sheriff is 
■Miled, that bv'the oaths of twelve honest 
i^mhd meo, be inquire," &c. For the 
U'wgf in ciTil suits, the sheriff is coin- 
■Ml H diat he cause to come, &cc. tweke 
^ ai kvfal naeu, S^c. to recoy^nise the 
fk^kt. Hee Law Diet, title Jury IV. As 
tIblVik if Inquirv in Replevin, see Scl- 
llfiViiMn, Replevin, sect. 9. 

f Alii Aeietion for Scandahim Marrnatntn, 
^ M*ja*i Abridgement of the Law of Nisi 
** * . Sounder. 






. ia tills V<»liime, the Reports of his 
Sir Peijury on the 8th and «Jth days of 
MBS. 

t^fteCrequency, about this time,of prosc- 
■■H fcr de&maiory speeches and writing's, 
'~^ I way be formed from the follow in'*" 
I extracted from Narcishus LuttrelFs 
t « Brief Histnrif;al Relation," &c. 

I^liv. 98lfa, 1(»B2, btin<r the last day of the 
^ Mr. PULingf cm, late sheriff of tioudun, 
piM»ihe court nf Rinse's- liench, and ren- 
Undf into custody iu discharge of his 
IhAeSkaodalum Ma^natum by the duke 
ifuostbim. 

} 3d, 1683, was a trial at bar iu the 

iu a Scandalum Ma^^natiun, 

the duke of Onnond a|f dinst Mr. 

•pttcringtDn, for speakini;^ these words 

PS Iht be was a Papist aiid in the Irish 

Ifailtv of hiirh treason, to bis damage 

~iM. fbis was tried by a substantial 

ki eouoty of Surrey : the witnesses 

^ tbe words were Narrative Smith 

ttWarcup, who swore very home; 

Miiidiiit making little defence, the 

ite guiag frou the bar, timnd fur 



fendant suffcretl judgement to go against him 
by default, uud thcreui>on a writ of inquiry was 
taken out, directed to the sheriff of the county 
of Middlesex, to enquire by a jury of that county 



the plaintiff, and gave him 10,000/. damages ;^ 
upon whicli Hatherington rendered himself 
into custo<ly in discharge of his bail. 

<< April 30, ICStl. In the afternoon, at the 
Nisi Prius for the county of Middlesex, before 
the liOrd Chief Justice Jeffcrys, George Caw- 
dron, steward to the earl of Clare, was tried 
upon an information for speaking very scan- 
dalous and seditious words of his majesty and 
the government, and was thereof found guilt}'. 

**"May 3d, was a trial at the King*s- bench 
liar, in an action of S«!andalum Magnatum, by 
his Royal Highness, brought against John 
Dutton Colt, es((. a member of parliament for 
the borough of Lcmster, for very scandalous 
words spoken of the Duke, which words being 
fully proved, the jury went from the b:ir, and 
presently came in and found for the plaintiff, 
and gave him damages to 100,000/. 

'* His Iloyal Highness, some time since, 
commenced an action of Scandalum Magnatum 
against Sir Francis Drake, bart. of the county 
of Devon, for words spoken by him of the 
Duke about four vears siuce; wluch he hearing 
of, and that a writ w as coming dow n iw arrest 
him, tiiought tit to abscond, and is since gone 
beyond sea, and has, as i:; suid, dis|)osal of his 
estate, thinking it better to ha\e his liberty m 
•A foreign country, than be laid up iu his own 
for 100,000/. 

** His Royal Highness has brought his ac- 
tion (if Scundahiin I\lagnatum against Dr. 
Tiius (>ates for words ; aud not being able to 
lind bail, he wjis committed to the Compter, * 
and since turned over to the King's-beucb. 
prison by ITubeus Corpus. 

" 9th. Kdward Noteworthy the younger, 
esq. plead(»l at the court of King's^bench >'ot 
Guilty, to au inforuiation for these words : He 
hoped to see the judges hanged that tried Fitz v 
liarris. 

" 12th. George Cawdron, convicted som< 
time since for seditious words, came to recei\*{ 
the judgment of thr court, which was to pay a 
Hue of 100/. to stand [qu. in the pillory] in thu 
Palace-yard, at Westuiinster, aud in Clare- 
market, to fmd surelirs of his gcKMl behatiuur 
for life, and be committed till this l>e done. 

"31st. Kol)ert Julian came t:» the court 
of King's-bcnrh, and pleaded Not (luilty to an 
information, for making and pubiisliinir that 
sciuidahms IIIm^I, lM*ing a ballati to the tune of 
" Ohl Sinum the King.*' 

" June Hill. J'ranci> Smith, bookseller, 



STATE TRIAfJS, 5<S Cn.II, }6nu—Pn>(redhf^$btiw€m (ke D, vf Vork [1 

fihould bfc oxrcuted nt tboharoo this ilay, \ 
tbiit ilie hi^li Micrifl*«)iotilda|i(M^r nml ar 
cheexecutiod of the writ in penwri. Accordi; 
Iv ibis iluy sir Peter Daniel, kt. and Sooii 
fliwUuwMl^ e*q. the ihen sheriffs of the ro«o 
(if MickltcMMrx, came into tliis court, iitiil 



iwbaldacnage&tlie plaintitrhml sustained there- 
bVf Mttd upon ft inoiioii madf? ai lite court riT 
KuigVbrnch, a day was 14-ivfm to Uie di»f«>u- 
dant^ to shdv caUfeVhy l^at writ of inquiry 
■liauld not he executed at the bar of thul i>jw% 
which be Qot doing, it wa» ordereil, that it 



nt the Ele^jhant and Castlef in Comhill, was 
tried bdbre the Lord Chiel" Justice JeflVrys, 
%tju>x\ an iitformalion for Rritidii£[^ and publish- 
ui^ ft scandnlous lihel callc<i The flaree 8he» , 
ul' which he wils foiiuil giulty , 

•^ June 18th. 8ome time since the duke of 
York broMg'hl his actioti of ^icandaJum Hag- 
tiatum against I>r. Oatcs, upon which he w^s 
ajTCJiteii and committed for wunt of hsiil ; be 
thou^t it not fit to stau'l a tnal, so lot jinlg- 
inent pass by default, upon which u \Viii of 
Ivnquiry of dania|i?ei4 was nnited for, and or- 
dered tabe at the KJnj^*!^- bench bur ihiH day ; 
nhich Qccording-ly came on, and a {iiry Was 
aworOi the shcntfa of Middlesex att«?ndin«;' : the 
ivordiv were proved Tery fully, being- very hcmi- 
daloti!(, with several other malidous \i0rd5 of 
hif tjtoken of his Royai Highness ; so thiit the 
jury assessed damages to 100,000?, and 20*. 
costs of suit. The words were ^jKikeii two or 
lljree yetwrs ago ; atid the dijfendant niride no 
dd^ce mi mS^ nor did any one a^^pear fur 
litm. 

*' One Hindmarsb, a bookseller, convicted 
of printing and rnjl>ii^)n:nrr n Mnsphemoufi hbel^ 
entith-d. The 1 ler NosttT, was 

iieniLntt*e<l to p. _ 

•* Francis Hnnih^ convicte^i Intdy of printiDij 
and publishing^ that hltel, called, 'Tbt Raree- 
Shew, was brotighi the 18th to the Kinsf*s- 
bcnch bar, and sentenced to pav a fine of M)Oi. 

^Aand in the pillory at the Wlaceyard, at 
Iminster^ at ihc i* emple, aiul at the Royal 
bange, and the libel to be burnt by the 
foranion banffiuan, and to have a paper set on 
biiii sdiinilyiftg his crime ; to Hod Nurelii-^ for 
hb ^ood behariotir for life, and bu committeit 
till all this be done. 

*♦ Nov, 3d, 163^, Robert Nicholson and 
Wm. Dalby, two of Oates*s men, pleadetl Not 
Guilty to iotbrmarrous far speaking scandalous 
and seditiou«f word^j of the Kiog^ the Duke, and 
the Government. 

" Nov. 13th. One Harris, an attorney, of 
WmdbOf, convicted of speaking steditious words 
again^ tlie king, was sentenced to pa}* twenty 
nobles fine, and to stand in the pillory at Reatf- 
iDg, Abitigilon, Newbury, and Windsor. 

•* The same day alsiti, Julian, secretary to 

the , convicted for publishing many 

■candalons lilieJs, was scnlcnrcil to pay 100 
marks fine, to stand in the pillory at West- 
minster, at Chi»ring-cross> and at bow- street, 
and to be boood to his good beliaiiour during 
Me. 

** 13tii, wn% a trial at the King's-bench Ijar 
against Mr, Edw. Nojicworthy, for seditious 
irords, in saying. He hopt-f! to live to see the 
judges hant;iHl that tried Fit/^surris, This was 
lata tt> bt don« m WiltshircN but tha witnesses 



testifying the words to be spoken in 
shire, he nas acuuitted. 

'* 15lh. Nathaniel Thompson, the 
printer, was brontrht to fhf court of Kinj* 
bt2»ch, and p|e;idL'd Not ftuitty to an indli 
ment for printing and pntdishitig a soiindak 
popish likl, enlitJcd, The IVtwIigal Son 
tnincd hnni**; which denies the king-** sup 
macy in ecclesiasitical atfairs. 

**"20th. Elias Bosi, convicted 
since for drinking a bijlth to th< 
pious Stephen Colledtje, xtn^ ^'" 
court of King*S'beitch, and 
1,000/, fine, to stand in the ^ 
minster, at the Kx change, and ut Guddti^ 
for the space of an hour ; be bound to Uk go 
heUuriour for life, and be committed till thisf 
done. 

** 2(3tli. Nathaniel ^ 
thcri? for nrinlini^ ond p»i 
popish li(>el, calletl, The s*n»ai;^\ii ni 
liomc, and ihert^ot found gnihy. 

* '2Hth. .Mr. Butler, of N-v*!' "- ♦ -■ 
convlcteil the last assises, for 
readrng the Addn*ss of the F. 
county to the & night ^i of the ^ 
l*urliamcnt, was brought to lh» 
bench to receive the juilgincut «f tUr ixmti, 
which «ns to pay a fine of 500 marks, to ti»ii 
sureties J or his gt)od b^javiour for life, and be 
committed till this is done, 

'' Jan. 93d, 1684-5. Being the finl^ 
term, several persons appeared at the < 
King^s-bench, being bound thereto, a 
their app^rances recorded. Then also, Milj 
Fleet woiid and sir Thomas Hamwell 
Not Guilty, for publish inj^, jjrinting, i 
iug a liWI called, An Address to the j 
of the Shiie for the Coimty of Northa 

*' 23d, Mr, Henry Baker pleaded Noil 
to au information for scandalous words a^ 
Che duke of York ; as also one Norden did ' 
an indictment for publishing the acaadalo 
libel in vindication of the lord of Essex. 

*' Then, also, sir Scroop Jl 
Guilty to an Information for t.^ 
fleeting words on the duke of \ ^t n.. 

^' F'eb. 11- The same day Didhy and 3 
cholson, Oates*s two men, convicted forsficd 
ing seditious and scnndalous words againit I 
late niajesiy anil ilii* prt*seot king» were 91 
tenced eacli to pay to/, fine, find sureties 
life, and stand in the pillory in all Uie reroi 
able parts of the town. 

♦» Nov. 16, 1686. The court passed j 
ment 00 the attorney, Mr. Edward ^ 
being convjcted of speaking w ords againit I 
t'barles the F'irst ; he wa^i adjudged to ] 
when taken, 100 iiiark*fme, and he impri 
till paid." 



STATE TRIALS. 36 Chtarles 11. j684.— «iii{ Tilut Gates. 



[130 



e taUe at the jud^^ feet, ivcir, 
■ Bc ut iou of the writ, covrred. Mr. 
■ the then Under-Shcriff maaaged 
eeded in this manner. 
trif. Crier, call sir Charles Lee. 
OS avez sir Charles Lee. [Who 

eriffl Yoo shall well and truly cn- 
agcs, between the most illustrious 
s dufce of York an<l Albauy plain- 
ts Oites defendant, and tdercin a 
pve according to your evidence. 
God. 

ereat were sworn thus . 

friff. Sir William Hill, sir Richard 
id air John Berry ; the same oath 
B hath for his part taken, you and 
Ibr jour parts, shall well and truly 
elp TOO God. 

trifi Thomas Harriot, Thomas 
'alter Brydall; the same oaili, '!kc. 
•e, Thomas Done, and William 
■me oath, Vc John Sharp, and 
fBoU I the same oath, ^4:. 
iaaae to have any more than twelve 

SrOeor|i;e Jefferies.) How many 
iHfe? Prmy swear au odd number 
m&o. 

wif^ Then I will swear three more, 
%■ just fifteen. 

iBven, Nichohis Baxter, and John 
i|Mne oath, &c. The names of 
^ upon the Inquiry : sir Charles 
Wmt William Hill, knight, sir 
■Mon, kt. sir John Herry, kt. 
■iot, Thomas Row, Walter Hry- 
I Qttise, Thomas Dune, Willi.im 
iflharp, Noheniiah Anioltl, Franris 
halaa Baxter, cscjnircs, John Kirk, 

mif^ Gentlemen, you are sworn, 

I'awriL 

ftytreaditto tlicm. 

iiny *• Charles II. by tbt Grace 
d, Scotland, Fraiu'e and (ro- 
of the faith, Ncc. to the 
K, Grc'utin^ ; wlitTcas th.* 

law orince James (hike of York and 

V at the noblcrs and po<Ts uf 

V mist dear and only brother, 
1^ &C. lately in our court Itcfure 
■hater, by bill wiiiKMit our writ 
HlMOates, then in the ciistolyof 
Itfoar31arshal««ca,b(>iore us h<Mni>f, 
RM in a statute made ill the pur- 
llhard 9, late kini; uf En;;l;uid after 
l( tiddatGloucesUr in th(^ second 
l^iBfl unongKt other thintfs : it is 

etty probt]>ited, ' That from 

I be so hardy to devis<', tell 

a, flukes, earls, barons, 

■ and great men of England, 

r, treasurer, or eierk of 

1 of the KiD4,^'tf housc- 



* hold, justices of the one or the other bench, 

* nor of other g[reat officers of the kingdom 

* aforesaid, any false news, lies, or any such 
' false thinp^, whereby scandal or discord with - 

* in the said kini^dom might arise ;' and whoso- 
ever should do thU, should incur and ha\c the 
penalty otherwise thereon ordained by the 
statute of Westminster the iii-st, as in the sta- 
tute aforesaid is more fully coutaiued. ' And 
whereas the4th day of Decemljrr hi the 35th 
year of our reijyn, and lon|f before the yearly 
rents, issues rnd profits ari.sin[r, n:* due and pay- 
able for or bv reason <»f the (;^enera1 post-olfice 
within this Iclnffdoni of £o{>^land, for the car- 
riajLfe of letters, before were ercrtetl and yet are 
established upon the said most illostrious prince 
Jame: duke of York and Allmny. The afore- 
said Titus Gates the statute aforesaid not coiisi- 
derinyr, Imt the ijootl name, slate, credit, dimiity 
and honour of the said James duke of York and 
Albany, our bnither, devising^ and maliciously 
intencfinsr to hurt and detract, and him tjie said 
James duke of York and Albany, our brother, 
into the g^reat displeasure and hatre«l of us, and 
ofthe peers of this kinpfdom of Kng^land, and 
also divers other vcucrahle persons our subjects, 
to bring, out of his meer malices and envy had 
and forethought, the aforesaid 4th day of De- 
cember, in the year of our r«*igTi ilieS5th, at the 
parish oflSt. Martin in the fields in the county 
of 3Iiddlesex aforesaid, uikui a certain discourse 
then had and muve<l by and between the afore- 
said Titus Gates and divers of uur liege people, 
of and concerning the aforesaid James duke of 
York and Albany, our brother, and of and con- 
cerning a certain letter in the hand of the afore- 
said Titus Gates at that time being, divers false 
news and horrible lii*s of the aforesaid James 
duke of York and Albany, our brother at that 
time, and yet being ofiiie peers and nobles of 
thia kingdom, in the presence and hearing of 
divers venerable persons, publicly, falsly, mali- 
ciously and scandalously sjiid an<l relate<l ; and 
with a loud voice pubiish(><l in those English 
wonis following, viz. * This letter* (the letter 
aforesaid, so in the hands of thorafoi-esaid Ti- 
tus Gates, as is h(>iorcsaid being, meaning) 

* cost uie* (the said Titus Gates, meaning) * nine 

* penci, and migiit have been brought for a 

* penny, I niiniseli'tlu! aforesaid Titus Gates 
nii^nning) '. Know noftody is the better for it, 
^ but that tniitor Janus diike of York* (the 
afortsaid James (hike of York and Albany 
our only brother iin^aning.) And the afore- 
said Titus fnrtlnT de>ising an<l malioi- 
ouslv inteudi.ig the aforesaid James duke of 
York and Alba!»y, our bn>th<'r, into the hatred 
of us, anti the peers of this kingiloni of Kng- 
land, and also of divers other venerabh- persons, 
and our subjects to bring ; out of his nieer uia- 
Uce and envy, had and furethouirht, tin; -itli d.ty 
of GtHXMiiber, the year uln»>»-;'.iil, at the parish 
of St. Martin in the ii-.'liis atiin-^uid, in thu 
coimty of Aliddlesex afor<.*said, upon a ciiiain 
other discourse then had and movrd by and 
between the aforesaid Tiles Gates and several 
of oiu Mege ]>ct)[tlc of and coDcerniag ihe 

K 




1^1] STATE TRIALS, 3ti Ch. IL iSU^^Praceedings httwem fJU D. of York [131 

ouly brother^ meauiag) * is a traitor/ Aod tbe 
aforesaiil Titus Gate* furtiier contririDg^ and 
nialidou&ly iiiteuding: the said Jaicnes duke of* 
Vork our brntber, into ttie hati^ of us, atid of 
tbe great men of llils Liugdom of fingiaiid, 
atid al^ of divers otber venerable peraons, anil 
our tubjects, U> bring, out of his ineer in^ice 
i^d envy, had and lorethoug^ht the aforcstid 
6th day of December the 3' ear aboveaid, al 
the parish of St. niiiriin iD the fields, in the 
couDiy of xMiddlesex albresaidf upon certatii 
otlier discourse at that time had nno mored by 
and bctweeo the aforesaid Titus Galea and 
divers of our li^e jwople, of atKi coucemiiig 
the aforesaid James duke of York and Albany, 
our only brother^ thvers other false Devrs aad 
horrible lies of the aforesaid Jaraes dtike al 
Vork and Albaiiyi our only brother, 1 
that time and yet being one of the ooblasl 
[Yecrs of tills k in js;dom of Euj^landi to the pf^ 
stance and bearing of divers venerable persons^ 
publicly, falsly and maliciously said, related^ and 
uith a loud voice publislied ; to wit, ^ tliat the 
* said duke of York M'as a baitor/ By reason 
whereof the said James duke <if York and 
Albany ) our only brother, iu his reputation^ 
honour and digtiity is Tery much hurt and 
scaudalized. And the said James duke of York 
and Albany^ the grace, good oplnioa and esteeoi 
which we and otli<^rs the great men of tbu king- 
doin of England before towards him James 
duke of York and Albany, did bear, utterly loti, 
and divers rumours and scandals between rery 
manv uoblc« and peers of this kktciloiii of 
England^ and other our subjects, by toe ooca^ 
i»ions alore^id, Avilhin this kingdom of Eng-^ 
Ismd, are arijiieD and divulged, and great scan- 
ilalK and discork by occasion of the premiset 
between huu tlie oioresald James duke of York 
and Albany, and divers nobles and great men, 
and other subjects of this kingdom of Em- 
land, are ariiven ; and daily more aod more in 
the like may arii>e, to the great disturbance of 
the peace and public tranquillily of this king- 
doiu of England, and in contempt of us and 
our (government of this kingdom of England^ 
and to the ^reat scandal and grievance of htm 
James duke of York and Albany, to the da* 
niLi£;;eof him the said James duke of York and 
Albany, our most 'dear brother, 100,000/, ; A$ 
he then said, mid thereupon m our court be- 
fore us it was so pr(K:eeae<l, that the aforewiid 
James duke ol' York and Albany, our only bro- 
ther, bis damii^cs against the said Titus 0*«** 
Ijy occaeioti of the premises ought to tei 
ilut because it is not known to our court I 
tis, tvhnt damages the aforesaid James « 
York and Albany, our brother, hath tui 
as \vell by occasion of tlie premises, as 
costs antfchaigea bv him about his suit i 
bcliair expendetl. 'therefore we com man 
that by the f»atliB of good and lawful tt 
your bailiwick, you diligenlly enquire wjj 
mages the aforesaid James duke of Yo 
Albany hiith Husiaincd, us well by oocai 
the prrmisLs, a* fur his costs and chaq 
him about bis suit ui this bebalf, ex 



aforesaid James duke of York and Albany our 
brother^ and of and concerning a certain lettei" 
in the hanil«j 0*' the aforesaid Titus Gates, at 
that tiuje bein^, divers other false news and 
horrible lies of the aforesaid Jame^^ duke of 
York Jiid Albany, our brother at that time, 
and yet l>elug one nf the tiobles and peers of 
this kiugdoui of Eugbnd, and our only brother, 
iu the presence and heanng of several venera- 
ble |>crsans, publicly, falsly, mnliciousty and 
scandiilonsly said* related, and with a loud 
voice published, viz. *■ Thij* letter* (the afore- 
said letter 50 in the Imnds of the aforesaid 
Tiius Gates, as is bcforesaid btfing, mean- 
ing *■ cost me* (tlie aforesaid Titus Gates meau- 
in^) * nine pence, and might have been afforded 

* Hir n penny, 1' Jliiiisclfthe aforesaid Titus 
^^tcs meaning) ^ Jcnow nobod} is the better for 
^ll, but that traitor James duke of York' (the 
kforesaiJ James duke of YoiK o^-^r **o]y hiother 
ncuniiig.) And afterward:*, to wit, the 5th 
av ol December in the 35th year above* 
aid ; tlie aforesaid Titus Gates further devis- 

ySi^ and maliciously intending the said James 

|duKe of York ar^l Albany our brother to scan* 

dali^Ke, and into the furthei dls^deasure and 

batred of us, and of the gicat men of tliLs 

kingdom of England, out of his meer malice 

untfcnivy, had and forethought, at the parish of 

HL Martin, in the lields aforesaid, in thtf county 

^ Middlesex aforesaid, the said fiflh day of 

December in the year abovcsaid, upon certain 

rc*^' iirse of the said James duke of York 

, divers faUe news and horrible lies 

^oi 4 1 1 ; J M r. said James duke of York and Albany, 

li^ubllely, tali ly, and mulic lull sly said, relateil^ 

land with a loud voice published, to wit' That a 

» letter in the hands oi' the aft^n »»aiJ Titus at 

* .that lime being, cost him the aforesaid Titus 
*. nine pence, but might have been brought for 
^ one p^nuy, and tliat he knew no body to be 

I* llie belter forit^ but that traitor James duke of 
' York / And th e a fo resaid Titus Gates furth er 
^cotitiiviifgand maliciously intending the afore • 
itid James duke of York and Albany, our only 
r, tuto the further displeasure and hatred 
^ and of the great men of this khigdom of 
and also of divers other venerable 
J persons^ and our suhjccls, to bring, out of his 
MDeer malice and envy, had and forethought 
L the 6th day of Decanl>er, in the 35lh >ear 
laboiresaid, at the |>arish of St. Martin in' the 
Ltelds, aforesaid, lu the county of Middlese:!^ 
[afore^id, upon a cenahi discourse at that time 
I'liad and movetl by and between the aforesaid 
I Titus Gates and several of our liege people, of 
I And conceniing the aforesaid Jamc!* duke of 

► York and Albany, our brother, lUvers other 
[ la'se news and horrible lies of the aforesaifl 
I James duke our onJy brother, at that time, and 
L yet being one of the nobles and peers of this 
[ kingdom of England, in the [»rcsence and hear- 
I ing of divers venerable persons, publicly, falsly, 
[.mahciously and scandalously said, related, and 

> frith u loud voice puldkhed in these English 
[ wordi^ following, to ml* the duke of York V(tlie 

dbresaid James duke of York and Albayy, our 



England, 



idlllBB i 



>3 



STATE TttlALS, 36 Charles II iS&i.—and Titus Oalei. 



^^^■llie inquisition whkb tlicreupriti you shall 

^^k. ^<ia ibftU hare beiore tis ai Westminster 

^pWedonsdiiy next after ihree weeks of tLe 

^Wy Tdinily, under your «eal, and the seals of 

ihcm by whose oath you take that inquii^ition) 

flistjoctly aod openlv you send^ and this writ. 

Teste wO^OTgGieflreries^ Knii'htand Baronet, 

^ Westminster the thirtieth day of May, in 

l]ie y ear of our relg-n the thi rty ' Kt?ct b . 

" Ri. Sifift, Henlev." 

Ifou ftre to (Inquire nhat damage hi^ royal 
fcy h ii fM tbe {lUuDliir has soi^taincJ, by mvmiA 
4ilbe |ir«0U9e» ; ss also, w hat cost^ he has 
Ittiti ttUMSUlL 

Jr. BMt$e$. May it please your lordship, 

K)fr. Hlien0^t ead gnitlcoien oftlie jury, 

I roryai hiij^hness the duke of \ ork is plain- 

I aod Titns Gates is the defendant : and 

, m an arlioti of tr^spas^i and contem[itj 

(ted upon the statute of Scandal urn Mag^- 

I wbenmi bis royal hig'hiiess sets forth, 

i 8ucb a statute \ras made, prohi- 

; standering the great men and peers 

^dom, and the plaint iff being the 

brother, and a peer» the defendant 

CHtrse between him the defendant 

other persons, aljout a letlvr that 

at had then in b« hands, publicly, 

TUfith an intent to scandalize tfie 

f, ffpoke these English words : * This 

neoniDg the letter then in the defen- 

'«) • cost roe* (meaning the de- 

pence and tni|nrht have been 

a penny j I (imraLiing" the defcu- 

nobody is the litftter for it, 

lor James duke of York ;* inean- 

tiC 

D, this is not all, the Declaration 
ftaoa ftirther, and says, that the ilefpodant 
TttEmliiig further to vtWdalize tlie plaintiff, the 
^of Efert*fiiber in the 35th year of this kings 
ii|mi a fi:^.-i^"«.«.^> hiid aud moved by and be- 
taatu h iidnnt and ^onte other per- 

■Uki, in k , 11 CO of divers venerable per^ 
•Boa, add tiicse words of the plaintiff: * The 
*4ake tif > Hrk' (meiuirn^ the pliiintiff) * is a 
*1Aiilor :^ aud this is Ifdd to the plaintiff N 
kma^ of 100,000/. : the defendant has not 
pluded, atiil the plaiT>tiff has si^^ned his jtnlg- 
Aot; a»d now yon, t^ntlernen, are to enquire 
«f the diniag^es. 

An. Lien. (Sir Robert Sawyer. I You ob- 
ferre, ifentlemen, the words are aelcnowlcd'^ed 
by the dciendant's; (K Ihuit, and n<*t pl'^fidinu" ; 
i»lbatr^' •^ ^«^ *' «i * f.-u iso^netl 1)^ him, and 

foa are of the dnnmtr«LS : ^m\y 

tbiiik% : I I niitliiny' to iKi sarilfor 

Ibt ag^raYAUon of ti^em, they ure words oftlie 
fatebcat nature, in lespeft of slander and scau- 
m, that can be »[H)keu or th(»t*t;ht of, uccusin^ 
Mm of treason. We lihull only eall yon some 
wteCMMSi to prove tiii^ way of discoun;e to be 
ftlicsiiitint habit in all plai-es. and among all 
aod eom|» uiH the 

Dent, ami y myul 

ibe pkUiUi , ^1111 M^*'^^ yfii Will, I 




know, ^Te such damages as may be fit to re- 
pair the plaintiff's honour. 

Sol. Gen. (Mr. Finch) We will call some 
witnesses to give > ini an account bow he Uiies 
to treat the jdaimiff in all cmnpnnieSt cod wc 
shall be^in with Mr. Siiuth. And the truth is, 
the proving ot the wonls, will dcnionstrate iho 
malice of them ; and the manner and c-ircum- 
stances of speaking, uill make them appear to 
be such, as ueeil nothing' to be said for their 
aggravation at all. Swear Mr. James Smirh, 

Under- She? iff\ The evidence that you shall 
give to the shprlffs and the jury, sworn about 
the matter in question, shall he' the truth, the 
wljole truth, and nothing but the truth. 

Siii, Gen. Mr* Smith, pray will you tell the 
court ami the jury, what you have heard the 
defenfhiTit Oal essay of his royal highness 

jSwif/t. At the last Westminster narhament, 
as I was sitting in a coffee-houne, I saw ^|r. 
Dates, he had a letter in his hand, and he said, 

* This letter cost me nine pence, it might have^ 

* l»een brought for a peony, 1 know noboily 

* that is the belter for it but a traitor,* to the 
best of my remembrance he said, * the iluke 

* of York/ 

Att, Ocfu Swear Mr. Pennistnn IVhaley* 
[Which was done,] What words did you hear 
Mr. OatM sav of his royal highness ? ' 

Wfitiiey^ iHie lime was either tlie Easter or 
Wliit?iuntide after sir Thomas Gascoigne's 
trial. 

Sof Gau What were the words you then 
heart] him !;ay ? 

?f7m%- It was at the bishon of Ely 's table ai 
Ely house. 1 had received the Nacrament at 
the cbapel there that day, aud so had thi^ 
Boctor too ; it was upon- Easter- day or Whit- 
sunday, 1 sup{K)!<e, becsmse I never useil fo 
receive the Siicrament here in town, hut one 
of those two times, and Dr. Gates and 1 were 
sitting there, and some discourse happened 
about sir Thomns Gascoigne*s Trial, aud he 
fell very foul upon the jury, and said, * They 

* were a contpany tif profligate villains* (or 
some such e\pre$(<rions as he was wont to use) 
and said, * He would have them attainted/. 
Then said 1 to him, llnctor, you are a good 
man at a matter of tlict, hut, I doubt, you are 
not so at a matter of law. Upon that, we came 
to some high u onls about that and other things, 
aTvd among the rest of the discourse, he said, 

* The duke of > ork was a traitor/ Upon that 
1 s:iid to him, Ihictor, you lie umler a gredt 
error in that, I suppiwe, by u^istaking a rtta- 
tt'.tc made against popery ; says l*e, * No 
' matter for tlkit, I say he is a traitor.' Then 
there were some other ilisenuracs happened 
afterwards, and I began to reply, aud growing 
both of us pretty wanu, the l>f>ettir called to 
his two men, his luyinudons, that a'^etl to be 
alu nys with him, and iollow him up and 
down : said 1 to him, Nay, Doctor, you need 
not call your men to vour us«*istance, there is 
n<[ ' '* • ' v(»u ; do you think the 
It [Hit a protection good 
eoni. ;:,, „a Einv iwiY iiiat comes here ? 



i35] STATE TRIALS, 36 Ch* IK iSU^ProeeB^theiwemthfD.o/yWk [136 

X. C J. Where wai* tliiu. Sir, pray do you 



fay ? — Whaley. At the bbbop 

X. C\ X VV^as tlie bishop tbere, then ? 

Whaky. He vius at ibe table, hut at a great 
pdistttuceirom tw» the Uoetitr atid I sat at the 
[lower eml of tlie table. Aiierwardii I bt^g^ffd 
kibe bt^Unp of Ely^s pardon^ lor lining' so Wt 
Lftiul liiud :tt his tubte ; bay» ibo bi«iho|) to me, 
t ■ i I bank you kindly for it^ none of us dare talk 
l' Kidi bull.' 

X. C. J* Aod tbia you say was at dintier 
oftrr till' Sacrament w «k over*? 

W hairy. Yes, it waa so. 

Mr. Softh, Tti«ii swear Edw. Johnsoo. 
[Wbicb WHS done.] 

JH, Grn. Mr, Johnaont Pi"ay will you giv<; 
f lite court and jun* an accouul, Vvhat tWoursc 
r.youhtt^e beawJ from the dctendant, Mr. Gates, 
I a^a)u<»t the jiLinlitY* 

Jghmon, Upon the ?3nl of Aupist, 1680, 1 
^ met Dr. Ofttr^s, auti said, i^ood* morrow Doctor, 

[ all tilings will 3^0 utll xiitw 

L X. C, J. You meati him tljey call Dr. OatcB, 
F ) aupposv. 

L Johnson. Y'es, they usied to call him so; 
Lsnid 1; ^oodriionow Doctor^ all thitige will 
r*^o 11' 1- I'i'v, liir \Uere ts a |tarliauient to meet 
[tii« ' No,' said he, * not till York 

I* is 1 1 ifcvd or ban'^cfl *, hut of tlie two, 

Mi^iiigtu^is liiv iUtC!i»t for him.* Said], do 
Dot faik K*s l>i>c!tor : my^ hi* : ' I speak no- 
j* tbiug btii^b;*! ii true ; be has a (^»od bro- 
I • ther» but he takes all the (Niuntes in the 
^' worbl 10 liodo biiu :' «nd tbea tke Doctor 
^'ftud tuylord Jlouard wiut away togetber. 

Sol, Onit Hwear Jlandalt Bowring. [Which 
I was done] V\ bat have you heard M\\ OdXcs 
f fay of the duke of V ork f 
I Bttccrivg, Abofil theujtdille of Oclobcr 16?9, 
[U»ere were several penwus at dioner ul:h the 
I Pocior. 

X. C. X W hut Doaor, prithee ? 

Bowrin^, Mr. Gates. 

X, C. X ^Ir. Gates we know vcrj' well, but 
p we do noi m» wvll knovv who thin Doctor is. 

Bau>riitz* They iisid to cnll him Doctor, or 
I sh«Mdd not have taken upoti me to give bttu 
t the title. 

X. C. X U'elf, Iff* Oh : there were several 
I persons at dlntier vutb him, and uhut then ? 

Boiiring, Tbv- '■ -- -led some discounne 
ConcermiiLT bis t r^a. 

X.r.X WIm: ..:.? 

Buwrin^, At Ins lodj^in^^s at Whitehall: and 
igcuihiivan Ibat waii tbrre^ siiid, Incase his 
KiDyaj hi|L»liuess were a pujii^, how sdiouhl we 
lik'SttPured, that iu rase be iHime Irt tb<* nieces- 
rvion of the crown* he wonhl n«>t bring' in|K>ficry 
•nionit "!» ? Then the Dotlur rL'plicd, * I would 
r • not imvcyuu troidjie yo-jrNclf about that, for 
I * he *»ball Ix' hunted before that lime.' 

Atf, (Jin. U'IThI bai-e v«hi heard him say 
»i)V where else ; al Foster- Lane, oranv oilier 
place ? 

Boivrirtg, Aller tbe^ertnon be had preached 
S i\i Fo4rter-Laue church, tlte church war- 



dens, and fionie of tlie parish, invited liim into 
the vestry to drink a jjlass of wine- 

X. C. X What r He niade as if be wmU 
preach I here ? 

Bimtitig. He did preach therr^ and then ihe 
cburrh'Wardenii invilcd him to dinner; but 
then be asketl tht^in, ' If ever any of ihcTii ba4 

* dined with James duke of Y'lrk, al any of 

* the feasts of the city, where the duke used to 

* come stouietiuiGs ?' To which none of them 
answering a word^ he replierJ, * He won 
■ dine with any man that had eat with tb*| 
Aud so wonld not go to dine with tli 
went and diued at a private hrasicr's by Lowil 
Wall. 

L. C* J, An excdtent goepcl^preadier up 
roy word. 

Att. Otn. What b raster was that .'* 
Biifftriug. Truly I do not well know 



name. 
Ait. Gtn, 
Bmiting, 
Sot. Gen. 



Where did he live f 
By LondonWalL 

Then swear Mr, Fairfax. rWh 

was done.] Pray, Sir, tell my lord and ttif? j 
what words yoti heard this man speak of 
n>yal hig-hne^^. 

Fnu'fax. May it please your Jord&hip, 
August 1679, 1 hup|*eued to com« into til 
company of Gates the detendaut, upou the i 
count of an eleclion that was to be of pari 
ment-mcn for Grinstead in Sussex* by tht ■ 
meaufi ot one Auckland ; Gates wha to j;u doint 
Uitlber in my lord Wharton's coach, and tbea 
vie came tirsi to be accpiainted and aflerwardi 
we frequently did eat to^ctb*T, ami became 
very %vell acini ain ted. And in my lord Scro^^^s 
lime, when lie was loni cbicr justice, there 
wai» &omc prcseutmeiit intended to be hrouflbt 
in by the ;,nand jurj- here at the lenm, agtmst 
bis n>yal btghncjis for beh>£r ^^ l*up'''*< ^"^ ^^ 
cQjx\\\\^ to churchy nnil tins Gutcij viai* the 
mniu profsecutor of it. He was u^trd oflt u lv» 
coroe up to rne, aud speak to ine wireu he iiici 
me ; and I was about tliat time watkin;:; iri tlu 
couit thiit wa^ huilt up here for the trial ol (Ik 
lords in the Tower; it was aOer that 1,1 .mI 
jury were di&missied, which was done a iU\ : i 
two before ihcy used to be d^smtri^d in \W it- 
dinary course* and wulkin^f ibeN: I met iij-ux 
and said I to him. Doctor, nuw you arc non- 
suited, what will you do now? * Gh, sayj, b**, 

* We will do well euiKJ^li ; thtre Mil# l»c a >tv. 

* sions atkr the term, and there we \\\\\ u\ bim 

* a^aiti ; iind we will have no more r<*}n»rd \\%f 

* him, than if be were scavenger o< Ki nt- 
' strem.* And upon that he ^as called nwaj 
from tne, and he went away. 

SiiL Gtn, 8wear Mr. Pbihps. [Which ' 
done] 

Ati. Grn, Come, Mr. Phihpa, will vmt 1 
quaint my lord and the jury, what yoa 
heard Gntefi say of the duk*' of York ? . 

Phi dpi. In or at Kiut January (1678) mxy^l 
please your lord*ihip, J T*a»» in the com pan % 
one DciU'(Hi* nt Gates'.^ hMlj^inRs at Whil 
where Mr. OttJes said, * He hoped lo st^ 

* or nur master Jrimr ' fmcaniug the dn 



STATS TRIALS, ^6 Chables U, i6S4.^tmd Tihu Oaiet. 



[I 



I siipfioiel * at Ihe 

DOM s Atiii it would 

lo^ldlil to uppear there, 

Pmj virnl WM the occasion of this 



cIIicniirsG of his 
u\ him. 

dflo io 




8at ikp yoa 



TV> •■ tW9, Mr. Dmooti and L 
09W lame be to menlioti your 
hmk fiMl any relation to \he aer- 

iy lordf we had not; but he 

i<T our masie]-, or your master; he 

kiod of di^i-our^e as he used 

think Uc Intends his 
named your master 

^ i oottkl noi iroagiuc! he did tnean 

Tkeo twoftr William Ashlodc. 

Ptikme.l Pray wilt you ao((uaint 
y^km jory, whal word»i you have 
mmk okI' bm ro)/al ULtrhness. 
Mmy a pleaV your lonlsbi[i, in 
- '■ '» -^ Trs 

4 11 irtCHD, 

• one morning', 
an' J :, tivo of bis 

,,,:,. II. „n,luirtle 

, Jicaaid lie wc'ir ler 

orin»1ic fluent :i*: ike 

<! he WAS 

h : , .1 , I beAr«l> 

kX^ElAidirii > N bcu he was going 

IJiflt, 1 h^ '0 to liim to vva^h, 

MCily Kill ivvu 01 three i>\ery day to 
tuni tt> drvss him. there rame in a 




llMii ■ 

IBdbiiiioo of*i 

ktl»r*cbo««n«. 

r Jolm Mrnir. and on 



hmi how 
• m 

irrh 

lud 
-,' - -- '^X' 
1, tb<t eiiy of 
Vork'a order, 
1 a hand in it ; 
w«*re to have 
ill ihf honest 
i iind thiss Ut* 



• V, ma I 

atOx- 

iik, ea|i- 

I M» kfcp 



Ibru- 



. -rt.. t; , . I son 

hien 
nd 



* for he must nerer expect to suooeed 4o the 

* crown.* 
Sol. Gtn* Pmy who did he sAy was to hetid 

the fon^es at Black •heath that yon talk of wete 
to plunder the city ? 

AihtiKk. * Th*^duke of York ; and London 

* was fired by his order; and tins ht: would 

* prove, if thf?y could hut get a parliament to 

* tbejr mind/ ami he said, ^ They aboukl take 
*■ away the Posl-Otfice from the ^ukc of York, 

* and gire it to the duke of Munmoutli.' 

Si>L Gtn. Then call captain Cressett, and 
»wear liim. [V^Tiich was done.] 

Att^ Gtn. Capt. Cressett, Pray do you r^ 
member what disctMirtie you hail wi\h Oatet^ 
when the duke went into Flanders, what he 
said of his royal hifjhness !* 

Cupt. Cresictt. It waa the last time the duke 
went iuiu Scotland ««ith her royal highness, I 
think it was in October 1680« 1 was commaml- 
lhI tyvvr ni^ht to wait at the duke's lodgingi^ 
till a paper kIiouUI be delivered me bv my iotd 
llochcsier; 1 stayed llitre till twelve o^cbck 
at night, and not aeeini^ my lord come nut, I ' 
went away, antl came early next morniog; 
And when the duke and dutchess went to ti£e 
water at the privy stairs, I came down throuffh 
the pjard' chamber, and Dr. Gates was in tbo 
gullerv that leads betwixt that andthe^atof 
when he saw me, 1 bid htm, good-morrow* 
doctor, or he bid me, g'ood- morrow ; one €if the 
tvio, I cannot exactly tell wiiich ; says be to 
me, * You ^vill never leave till you ha?« hull, 

* your rt'putation.' Why, what ig the matler 
DOW, Doctor, said I, I hope my reputation is not 
liunjjujwu so slendt*r a threacf, as to be loal 
for my ^foiugf any where? Sayi* he* You have 

* been nith James.* Who do you mean by 
Jnmes, naid 1 ? * Y'ork/ says he. Surely, 
f^d f, it might haie been the Duke of 
Y orIv» or bis royal highness : no, said he, ♦ he 

* is a Kiuical, a Papist, and a Traitor, and t hope 
Mo live to see him hang^ed.' Truly Doctor, 
said I, now let me §fiveyou a little advice to 
govern your tongue antl ynur passions. I 
aaauneyou, they will do neither you nor your 
cause ^ooil , it may do you a great deal of 
hurt in time, if you tlo not take care. 

*So/. Gen. Cwl »ir VVil hum Jennings. 
Alt, Gen Truly, my lord, I think we need 
call no more« thouifh we have multitudes of 
tliem, it is \i\s daily discourse, 

L. C. J, Coll whom you will, Mr. Attorney ; 
fitr though it be the last day of the term, and it 
is an unusual ihingf to have a jury at the bar 
' ii day, and moreunuiiuiil lo have them to 
i*e a \Vrit of Enquiry here : yet in regard 
Ml Mii'gi^atnessof the person that im concerned, 
and the extraordinary nature ot the causae, we 
have ordered it thus, that all the world may 
H^v how his royal highneas has been abuseif and 
daU^eed f 



Att, Grn, Th 
a p«jfr»on pretty 



it, my lord, has boeft 
d of too. 



L, €. J, Ves, trtdy, tt is done with rtg«rd 
to him too I for he has been an emiocait mftli 
in bis way. 



139] STATE TRIALS^ 56Ch.II. \6SX.-^Pr0eeeiingi htiween ike D. of York (Hit 



Sol. Gen* Then swear sir WiDiam, Jenniags. 
[^Which was done.] 

Att. Oen, Now, sir William JcDDings, speak 
QQty voa bear the qiiesticm, Wlmt have you 
heard Gates sa^ of the duke of York? 

Sir W. Jenmngi, My lord, at the time of tlie 
sitting of the parliameBt at Oxibrd, I was in u 
tarem there with Mr. Cranfieid, one of tlie 
king's gentlemen-ushers, who seeing Mr. 
Oates goin? aloxiff by the room, invites him 
io drink a guss ofwine, there were a matter of 
some eight or nine at the table ; there was a 
little partition-curtain, it being a loiu^room, 
and there was 8ome company Myond that cur- 
tain, somebodv in that company named James 
Duke of YorL, and the Kinc'*s health beinff 
drank at our table, Mr. Cranfifld be^an a healtn 
to the duke : says Mr. Oates, * Do not you 

* drink York's healtli.' Why should we not, 
says Mr. Cranfield, and a gentleman or two 
more in the company: * Why,' says he, ' he 
' has ruined the nation ; and if the <fcvil has a 

* place in Hell more hot than others^ I hope 

* DO will bestow it upon him.' Several ivords 
past between Mr. Cranfield and liini u|X>n it, 
and the king was told of it presently. 

Att, Gen, Swear Justice Warcup, [Which 
was done.] Pray tell what you know of this 
man's discoursiog concerning the duke. 

Mr. Watxup, My lord, I went into the com- 
pany where sir William Jennings was that he 
apoke last of, and being desired to drink a glass 
ofwine with them, I did so, and they told me 
what Dr. Oates had said there. 

X. C J. Mr. Oates, Titus Oates you mean ? 

Mr. Warcup, Yes, my lord, the room had a 
partition by a hanging or curtain, and I was 
first in the other company beyond the partition, 
and there somebody uep;an a' health to his royal 
highness the duke of York, tliis health went 
round, and Oates was, it seems in the next room 
and heard this health I suppose : when I came 
into sir William Jenning8*s company Oates 
was gone ; the company there told me what 
Oates had said, as sir William Jennings had de- 
A dared, they all agreed those to be the words, 
*• That he had ruined or betrayed the nation ; 
" and if die devil had a hotter place in Hell than 
' other, hohoped he would bt-slnw it upon him.' 
1 met Oates allcrwards, and askeii him why 
he would speak Kurh irreverent words of the 
Duke? His answer was, * \\v was a traitor, 
' and was in the plot ;' and he told me, * I was 

* a Yorkist, and he would remember me tor it.' 

Ait. Gin. Did not tliat atiright you, Air. 
Warcup, to have him threaten you so r 

Mr. warcup. I had then an impeachment 
acaiiwt me, and truly 1 think I might well be 

jL C. J. Y'ou say, he owned the words they 
told you of. 

Mr. Warcup, They did all agree those to be 
thewonls; and I met him afterwards, and 
awked him why be would speak so irreverently of 
the duke, considerioj^ he was the king's brother 
and as virtuous a pnnce at trod upon the earth? 
Says he, < He is a traitor, and in thepkrt; and 



you are a Yoiki8t,and I will remember joa fci 
It' 

Sol. Gen. We shall only call one more, la 
shew in what mind he continues to be, evci 
since this action was brought. Swear Mr. 
Charles Chapman. [Which was done.] Fnj 
Sh*, tell what you know. 

Chapman. My lord, I met Mr. Swift, thi 
duke of Y'ork's attorney, when he was giMg 
over, as he told me, to demand a plea of the 
defendant Mr. Oates, and he desired me to gi 
alone* with him, I did so ; and when we eam 



to him, Mr. Swift told Oates the roles 
out, and desired to know what he intended la 
do, whether he would plead or no. Oilei 
asked him, * If he were the duke's attorMj f 
He answered him, Yes ; says he, ' I do aoC 

* value the Duke nor his Attorney neither, I 
< will plead as I shall see cause aocordiiig ii 

* law ; I declare I neither love the Duke, wk 

* fear him :' And so turned his back, and wif 
ifoin^ away, and comes up again, and saji la 
him, ' It may be i may be in for one bmidnl 
' thousand j)ounds here, but it ever parliaBMil 
' sit, I do not question but to htve somebo^ 

* else in my place.' Mr. Swift asked him to CB^ 
plain himself who he meant, says he, * Deyei 
' come to trepan me ?' And away he went 

Att. Gen. My lord, we have done, if the 
jury please to consider of it. 

L. C. J. . Is there any body here for Mr. 
Oates, to offer any thingto lessen the^damageif 
[To which noboify answered.] 



Then, Gentlemen of the Jury, yoar 1 
now is to enquire what damages yoo 
fit to assess to his royal highness, by reaeonel 
the speaking of the words mentioned in thedt^ 
claration, there being in tliis action judgmcat 
by default obtained by his royal highneH ; ■■! 
you have nothing now to do, but only to anew 
to tlic plaintifl' such damages as yon shall tfahdC 
fit. 

Now, Gentlemen, though the nrlrnnn1td|fr 
ment of this judgment (for so it is ineflhc^ 
being by default) be a sufficient confeMiOB d| 
the worus being spoken as they are laid in f^ 
declaration, yet they have given you prooffl 
the very words. ^ 

The Declaration is in an action 
upon the statute De Scandalis 
taking notice that his royal hi^rhn 
great peer of this kingdom, and his i 
only brother ; end that Oates the de 
knowing him to be so, to bring him un 
proach and calumny, and to cause diacorl ^ 
arise between the king and him, and I 
him and other great men, did speak the 
laid in the declaration w hicli youHiave 
read, and which are these. 

The first are, « This Utter' (Oates ha^ 
a letter in his hand) * cost me nine 

* and might have been bn)ught for a pcni 

* I know nobody is the better for it, hut tf 

* traitor James duke of York.' This is I 
over again with a very little variation, * 1 
' letter cost me nine pence, and might hi 

* been afforded lor a penny, I know janM^ 





'ATE TRIALS. 36 Charles It. l684.-^i Tttut Oatts. 



[142 



ii but llmlirmfiarjftaies dukis 

purpo*' I ; they 

Hji riC€S, a 



rtotiOMMfttt 
It WQfA ^• 




* ;,v, Jake of 
i lf«ilor se VI 01 ds too are 

Irrittg" but in very 
(i« ft traitor, nnd was a 
I «aii«teiH!v* of tiic irorU« is tlie $ame. 
ty, G<JtiUcme0, Thougli it is not 
m loetHjon-p whKher or im Gates 
I «iOfiK. mdi^meDt g-o 

u tij fkt I law coofess 

I Mt jo«u art? IQ eiiijuire wlmt da* 
ir^bo ni N> begir€tlti> the plaimiff 
vonls ; yet in as much as 
•f AH extraordinary natiire, 

lib fi>\ -s 

iJtl . ■, .Mil, 

iiol htcn u»wii beretoibre, ihut 
«ir «fM|iiiry execuiofl at the bar. 
b c^ciTttordifiar^, finch as has 
mk M^r^ Uiiji a^j;^, Uiis C4)rnipt nge^ 
ftgpTi H'herejd ivc Ihe, and 
Ofifiiyiry IVlfows^ the mere 
q€ tm factious party, hare 
to re^iroftch and caluiiuiiate 
gwirfvnmtiiit, atid the greatest 
iu it^ Dot «»purini^ even 
li^ mm bim^ » 1><> i*- *>'xi m degfree 
|||» I*" T awd royal 

llKrefoTi A^Q 18 extra- 

, so oiigrht the example to 
«s can he, in order to satisfy 
•ort of fellow tliis defendant 
•o much aJoriLHl and looked 
ye (if admit«tion, courted with 
aa afTection, atid so, 1 had 
'd atoong people that 
tomnltiioas to the go - 



i kff «i|^l l» be iiiad« pnbli^ 
hii tliii .hi be c 



• bAr.ftri 

wwiir-'ut 



migbi be made a pii 



ic exam- 

cottnsel have 

caavasacd 

' ndatiU OA he Vms 
tor Hoiu 



wni cmtttm to he exectilCMl here. 
lki» w » II this decUration 

*^ in theniM'lre^ so 

id n iirwcn, §o much malice 
m^ ikai dwy need no iirgTttraiioii 
BtBUBlYca ; mm luit *;'^^r -■ - it to go 
#kevm tbiy Mv ta !»t ext©- 




if Ik tui 



tiiai tiji- 111 
4aia4iiL iind 



r.-d: yet. 

ji iimre or 

tJ, thai Ibia 

abie* nay abso^ 

- hrrc and ^Te 

lufBcion 



(UvuvU'UUdlll 



pWaly 



tended with all the most uncbristiatt and uh" 

chHrital>le4 as well as disloyal and disobedient 
circunistaiiees that any Ailn^ con be, Mritli 
design to Iniduoe and fusparagt^ a subject so 
lo^al, and a person m i^reat and illnstrioua at 
his royal highness. 

As to the lifai ^vordfi, you have the first wit- 
ness Mr. Sniiili, und he gives you ihisuccotmt, 
he was in a colfee-house where he met lh# 
deieudajit Gates ; and the dcirndant in a vain* 
glorious hufBng sort of manner takes occasioti, 
though none was ofiered him by any thin§^ 
spoken to him by any body, but only on set 
purpose to express ais malice and' venom 
a^iust the plaintiff. He takes up a lettev 
that it seems c:ame to him by the post^ and to 
(Ti^tify liis own malicious inchnation, and to 
give it vent, he procJaitns, * This letter ensi 

* me nine pence, )t might have been brought or 
" affoi'ded for a penny ; and 1 know nobody ii 

* the belter for it but that traitor James duke 

* of York,' 

^ vou see, Gentlemen T he takes hoM of 
every little occasion, if he can but happen upoa 
an opportunity, such as tht9 vras in an open 
coffee* house, to wreck Ids mahoe upon his 
royal highness. And sure there can be no 
greater imputation of scandal brought upon 
any man than this upon the plainUff. Thai 
the first and greatest subject of the king of 
England^s s^hould be taxed with the greatest 
crime iu the la\i , disloyalty and treason to hiit 
sovereign. And so at once not only chargeth 
him with being perfidious to his only broSier, 
against that affection which by nature he Is 
obliged to pay him, and which all that know ^ 
any things cannot hut observe to have always 
been extraordinary ; but also touches that 
which is much dearer to him than his life, his 
honour, by charging him with the foulest of 
crimes, treason and breach ot* his allegiaiice, 
which as a subject he owes to his i»overei^i. 
And thus besides the defendant's confession liy 
thisjudgtnent you have the very words ptoved 
that are in the declaration. 

The next witness is one Mr. Whaley, uid 
tje LNVi>ti you an account of anoilier passage 
1 cannot but take notice of by the way, 
\v you what a wonderful Christian temper 
thij> man is endued with. Mr. Whaley says« 
that being at the bishop of Ely's house upon 
a public festival either of Easter or Whitssun- 
tide, (and he is sure it was one of those two, 
because, says he, * I never use to receive the 

* Sttcrameot in London but upon one of those 

* two dAya ; and therefore I take it upon me to 
' My, it WHS one of those two days that I 
' he«rd these words*) Gates having/it seems, 
received the holv sacrament at the bishop of 
Ely 's chapel with Mr. Whaley that da v. W ben 
a hoi\y would have thought, that if Qfr. 0«let 
would have been believed to be so ^sarty and 
pious ix protcslant as he pretends to be, beabould 
nave reiuemhered that uc ought. 



llie ProlesUkiit doctrine, to have left bektnd 
at his spproftch to the altar, all malice aiid 
com. Slid ill wiU and hatred to e? «ry body 



143] STATE TRIAIS> 36 Ch, II. \6$4.' 
Bui yma see ^Imt kiod of depoitmeat his 

For tfter »ueli time a« lie bad been al the 
saemnefit, bi; takes occa^n M^ithout any prO' 
▼ficaiiuii to f'ttll f<Mjl iiuincxliatcly upon his royal 
hLi;hi}es<« giving: hiai the name of a proflij^le 
wrctcth* and tli^n parlicubrty liecoihcs totiHy^ 
♦ Th«duket)f Vork was a traitor.' This i^rn- 
tleiitun beiii^ conccnujdj rs every honest anU 
ittyal tiian ooortit to bt^^ oiitl 1 liop« every ^n^ 
9nf»j<.'Ct i*tj and ever W}\\ be, to hear so great a 
|Jnt»ee^ tbe ktng^'^oitty liratbi^risa tradiieedanit 
viMliifd, reproved liim tor it ; but so far w^^ be 
'Uilii taking ili«* eim'fttion due to Lis extrava- 
' ^Mit liingiie in u (ti'^rjmin*^ manner, tf»ut be 
ptrcseDily (as th« genileman phrtij»eih ii) catl^ 
tiif his mvnnitbna, ivvo ftUows that he bad 
along witu biiki, to eoine to bini ; upon m hicb 
the genlkman vrm pleajsetl to &ay to him, 
' Nay, good >Ir. Gates, yon n&fni not be in so 
^ very much frar of yournelf as to eaU <br yoar 
*■ luen^ nobody here intends you any hano.* 
Nay ccrlaiiily^ Mr. Gates did apprehend bira- 
selr to be secure from all manner of correction » 
or he would never have been so impiideut to 
tpcuk yuch words. 

But you IV iH no doubt lake notice, as all tn en 
dnuMtbuldo, of what an f^eelleni gt>8pel-(lt>i- 
rit, what a delicate chnstiitn temper the mun 
ig oit after, the receivtiija;- tite sjacrament, thai 
"ftry maiming to cotue and belch out such ex- 
travagant words of calumny and reproach. 

And it seems this jMrson hail obtained to 
ft)ake !»«cb a wonderful fijnife in the world> 
that every body was afraid to speak to hiui ; 
Ibryou hear what the witness say»when he 
caaie to beg the bishop of Ely^s pardon fin* 
heiDiLr^o loud ajid bot at his table ; the biscbop 
gave hini thanks for jt» and told biro, ' None of 
us daivd to sjieak to him.' 8ncb a cr>osider- 
alile man bath be bpcn^ that he mi|^ht rail 
against the king, and ilie duke* and the go- 
veniment without controuL He was gut hi to 
Rueh a |vost that nobody durst meddh? with hrro^ 
but he must have lil>t rty to say any thing of 
any body. To what an height of ciflruprion 
were we grown, that we could suffer such a 
felkm^a hisoMice, at wliich no man living, that 
htsanj sp^rk of modesty or loyalty lefl in him, 
hut must ohiiih and tremble. 

Theti th€^' produce to you one Mr. Johii9on, 
who gives ymi an accounts that after some dis- 
eom0f between him and tht; defendant Gates, 
about the duke of York, he immediaCdy told 
Johnson, that the duke waa either to be hanged 
or liaubhed ; tt seems be was so ill a man in his 
eye, but of fbe two, hanging was the filter tor 
him. So the doctor shewetb what a wondertul 
kindness and alTection he has for tiie duke, and 
what thoughts he has of his great deserts. 

Mr. Bow ring i» the next witness, and he 
eomea and tdls you, that the doctor could not 
he prevadeil wfth to dine with the gentlemen of 
the parish of Foster-tone, becau!f« some of 
them had dined with tiieduke, which he calls 
dining with tbc devil. It seems he made as 
Iboiipi ht wauM preach theT« to th«m, ha got 




'Pr^tedingg httwan tht D, 4>f Ycrk [11 

up into tlie pulnif ai>ij took a te^tt. aiid pre^ 
tended to preacn, and if he wooki h2ve|nxttcli- 
ed accordmg to the duty of a church of T 
land divine, he was by tliat to b. 
not only obetUence and m&biiii ^ 
but respect to superiors, nnu 
all subjects towiu'ils onu another ; and if 1 
did preach it, h v^as wov^e in htm not to pn 
i\se it, But you «ee af\er be bad prtiorniHt 1 
painful laborious [irencbment, hH*t h*^ 
taken such a wontierfid deal 
dtiitbl he ilul iu instructitigbiK 
langUAge is in uoMwiar to a iivn uu njn 
dinner by the cbiinoh wardens: ^ Hav^j 
y u u dm ed w ii b Y o rk at the city f e»alir I 
they fK)t ftosucriiig ; but being ^itently an 
at {\iv iiiHx : tinent impudence of ihc'qii 

* ^ ! would not dine w ith lb 
b»ii It the deviL' It sef^ins 1 
bigbni-ijs had been picitsed to honour 
cieties of loyal men in the city of f 
bis company at some ontertsiiu men Is tb 
aud that is a great offimce to tlie de 
and as for those that bad received tb 
favour from bis btebuef^s, he takes 
them as such wbon, ' ' ' Jher 
drink wit U, for tm I ^ atid^ 
with the devil ; but ij.M....ji^.. . . 
his great Avat aud wonderful c onf*«*m lor 
proi4>«ta)it rclittion, broke up frutu ihc comp 
^tould neither cat nor drink witlj iham, 
cho^ rather to dint? al a privatt! brttsier^s i 
Loudon- wall ; a pr«>pereT (dace in good 
fur bim, than any such conversation they <itfei 
ed bim. 

Tliet* further to shew what mean tho«r;bi> 
be had of the plaintifr, Mr. Fairfax be eomw 
and testifies, that there being- Mime talk of i 
preseutmeht i ' '. iiikei' 

York by the u 

with adi*;app*iii...-vM-. w ,».- . i.«i.-,.M.4i 
him, '^ What be would do, for saysj^ he, ' 

* you are non-suitefl ? That is vou^ 
' happened not to obtain the ♦ 
•^ iri^Mtd :' Ob, saysOate-3, * ^ 

* that is all one, we will at him neat ^ 
^ and lor my part* I will have no mf»r»* 

* to him than I would to a sr 
and because they shouki see t : tn 
bzs malice, and the low thoughts be ha 
royal highneMi, as if it bad not bees 
enough to have compare*! him to a 
of Ijondou i^r ^V i^^tminsU'r, no, that wi 
tion too bonoiuabl*^ for him in his th 
but lie mu*4t nt'C*essarily be compai'cd to it i 
veofferof Kent street ; which we all kuo 
be one of ^e meanest, tilthievt, and most 
garty parii of the town, 

Tlie next piece of evifletice is, that wht€ 
gfiven by one Mr. Phdips ; and when lie < 
to him. lie began to have some reHeciiuiiif i 
the HouHe of Commons and thf tluke 

* truly he did not doubt but he sltould sre J 
' at ifie bar of tlie House of Commons ; 

* woidd be no disparagentent to him to 

* there, tor i!iere were a great many ipea 
' there thai were as gt)oa niai or better 

4 



hut 



Tilt 



STATE TRIALS, 3d Charles U* l68*.— <inrf TOw* Oaie$. 

\mfnUy ibts fancv of liis be wuuM 

hi^ tttyik\ Ui^Uness ; for in cnse 

itJ 00 tfiher consideration but as 

fttiMitht krum- timi no peer of this 

lb' ■\ a«v vipte or order of 

1^ tn rome to their bur. 

bid a luiiifi to tcikt? i»fr bisver^ |»rivilegc 

e, ami it woubl be do Ir^seniDg of Uh 

nee tbftl lloufo L;iii in it m^my 

t»r m^n than tlip duke bimself. I 

Me pariicuiar trie nils of 

e 5Ir. Asblock^ ftnd be 
<» he would engage all 

, Slif- iiMK*^''* fk^TMin, be 

li 1. nee 

' to IT. A, ike 

haS « ^TTttt baad mid conccni in the dismal fire 

af Lcjififnn in !f/if\ that thereby be niig^ht 

sukc I ru the rancour And ma- 

^ Jjgof I in that dreadful lala- 

^^uil vviih what haiidsotnc exore^^ou he 

f.h ? » He Imid the ciiy of London, be 

'i I we I* ill have him 

^Haad for it, when- 

: here hn ii*»toidv n personal reflection, 

bci<niB ioditfnity done to his royal 

but carries in' it a ^eat reflection 

enil iiiHt«-KK liiiiisi^ If'iti 1 M < retalions t 

Ibt t?i II' ^ (lut his 

I mod VI ue alive, 

(>. For 

• <1 sbiwder 

Atuuiajist)^ tbt *|aei/n, rnotber 10 

nnd !m< brnther, by callirit^ bini 

' ii in an expreitiion 

^ du I a ttatore^ as is not 

Tbr I to take 



[146 

• and yoit r to 1o«eyour reputation i 

* y*niVti : VI .her' 
8o that i perceive, if he will not be advis 

by tbts'^gftillenuiu, he should lose all hit 
ciedit ; aiid vet I (irt»suineit i« womlcrrallv in 
the ndvantnj,'e <d Mr. Creaaett, to Iom* ibi 
«^'edit be e^nild f ft by uny eharacters or coni^ 
iiieiuUtii>ti$fiiirb an *in«» a** be coubl jj^ive him, " 

Tt kindly advised litri 

tj tu > party by his |»]issiaii 

and l!i\ < 'ij\ und told hhtit if 

would tin *' at last. .\nd tndj 

wn%\ I tbiur., .. . M ,i,^ ji.vrlv wore in bis con^ 
dition* and tfiadc to « mart* for the lari'^hneii 
of ibtir »[ .t'vnps;^ I fliinit it were a tfood 
com; of bis pr^inhecy, and if 

vicii rn^ we sbonid be more at peace 

And ue may without offence hope to see T 
soonei% than what the defeudartt says be hope 
to see. 

The next is sir WHIiam Jpfinini^, who telb 



se words itrto 

Tbrti tmmn ( 
yvaan a^eoaiii, i 

M tlkn <liaiDb«Bs ,1,(1^ 

vib^cdipUia rr M 1^- 

■m b« met iiitii mv tlekinUh^ vvi^u i\:\i upon 
Ml, ¥Vlut, v'.'ii liuve bi ( Ti with James j^ It 
Wamk* he waa one of his iniimale tiequnintance, 
iM very lAoailiar be ^a^ \rtth bis tK»me. 



4nl m smo wotild hu^ 


' ,;' 


he 


ild CfMiltfl ibl one mar 




. 0- 


*ir,aiii br ' > 




' ui his 


mmlotii, 




a i^ery 


iMitnAltexu. .. 




" ri^eant 


W ilial favlbar i^ 




' i;i(aiD, 


«l»lJMiie»? ^\ 




V- .li vifty 


IimI tliai 1^ ^vr 


itkUtion 


to let biin 


iMBW^IHt JatiH 


Mt ; but 


when the 



diiid liicn, iii>d tuki him, *8nrc you 
It tailiin' asy the duke of York, or bf« 
^ivjil liitfliiiiiiB ;' tbi^n immeiliji^ 
IIm, br nhm out/ He » a P. , 
'•■iiart wad i bftpt^ to litre to ae*i him liADgcd^ 



you of a passage at the y at Oxford 

which shews hi* wondcrl i.hI I' 

tian temper, when a comjiji > or ' 

were met together to drink a plas 
and were wishing h^ ' ' - ^ luc lu in«l 
sacred nmjesiy^ Ins and I [10] 

royal rainily, be wouiM ^.k l.* . ...it. ated t^ re- 
fuse the glass, but to shew how ^londerlid \ 
Christian spirit be wuk of, and \n * «. i«f fn <■ Ms 
true Protestant chanty (and I j 

vtbo was one of tbu fJ^:t!!^o^ t» 1 

uiay g'ucss at the tr 1 tine (lariy) be 

crie«i uut, * Hu bast i nation, and 

* there be any hotter pi.^Cii in Ueli than tnhcr, I 

* hope the devi! will ^^re^^rve it for bim ' 
I presume ht^ 

besfiok^ of» fu 
there is in bell 
and who they 

by doili in the leai 
: ir'lbe words in ih 
l^ail can he ; but 
r>i' this man tbut ba 
1 courted, 
wircup, whotellsyonj 
he wus nut tn tiie roma with Outes when the 
last words were spoken ; bwt eoMting^ io tm- 
rnediately al^er^ tbiy all tobi hint the aam 
words oird bf Btlerwards* mectin;^ ifrlA f ' 
and K lim ihv bis indecent behaviouf' 

und ' instead of any rernors^e or eon* 

cern 
hnvi: 

li,, * 1 lit- i.ivuvi: It 

^ pb»t ; and becaiu»eyou take hi» pari you an 

* a Vo.L .1 ..ri,^ »v- •^■n Iff e%en wjth you \" 
♦itai 1/ 8t* he ihreiiien 
bim «< . . . .1 . ..^ : .. . uhy be. belia'^ed him^ 
self in such an iiMJeeent uiHoiier tovrafds 
myal bitfboeMd^ 

The last nitn€«$, Mr. Chapraant k produce 

to ?hew what mind he conti*>ues in. Alter nil 

•^ past, and a body would bavethni^'ht \h 

t by this time h:ivt' been broujfht to 1 

consideiatioa atkdsnbuiiaaioutOBUtbiirity ; yet 



1 J7j STATIC TRIALS. 36 Charles II. 

3 Oil st'o Ihuf the man is. The witness tells 
>"•!« >iure the lictiinniri^" of this term, the de- 
t'uinticn heinj,^ dtJi>ere<l, and hy tlie uoursc 
ot' thi? coint !jc ouy;ht to |ilvad witliin such a 
limo, the attorney ^;<!Pt)i to him for a plea in 
ordtT to mako his deft nee if he could in the 
a lion now befrrc you, but he lets judii^ment go 
by dcfiulc ; aitil so fur is be I'rom repenting' of 
i> IijU he had formerly none, that he persists 
in it, and tells him, Are you the duke's at- 
torney ? Yes. ^\ ell, I rare not a farthing for 
the dnko nor his attorney neither ; it may be 
I iiwy be in here for liKM)On/. (and that I be- 
lieve is one of the truest things be ever s|/oke 
in his life) biU suppose 1 lie, I do not ilmibt 
but when a parliament meets, a time will 
como, w hen some other people may come in 
niy plaec. Dut truly since he has declared 
his hop<>s, 1 til ink it may not be amiss fur 
us to declare our's too ; and for my part, to 



1 oSi.— Trial of Thomas Roaeweli, [ 148 

say I hope J shall never see such a parlia- 
ment. 

Mr. Unflcr-Shfriff. Lay your beads toge- 
ther, gentlemen, and consider of your verdict. 

They did so standing at the bar. 

Uinlrr-S/itriff'. Are you all agreed of your 
verdict ? — Onims. V\s. 

Umhr-Shfriff. \Vho shall say for you ? 

(fmiies. rt>rc^man. 

I 'ndrr-Skfriff. W hat damages do you find ? 

Sir Char/es I.n\ Full damages, An llundreil 
Thousand Founds. 

VuHir-Shertlf. Whatcost^? 

Sir C' aria Lee. Twenty shillings. 

Which Verdict being reconled in an inquisi- 
tion intended, taken under the hands of all the 
jury, u as afterwards annexed as the retuni l» 
the writ of Inquiry . 



309. The Trial of Thomas Roseaveli.,* a Dissenting Teacher, at 
the King's-Bcnch, for High Treason : 36 Chakles II. a. d, 
16'84. 



23 0ct..\. D. 1084. 

This day, being thcfn-stof theterm, Mr. At- 
torney-General nioved the court of King's- 
lK?ncli for an Habeas Corpus, diret ted to the 
keqter of the Gatehouse, tu bring up the body 

* " There ueretvvofamoustrialsin!Viichael- 
lUiLS term : three women cunie and deposed 
against Uosewell, a iVcsbyteriaii preaclier, 
treasonable word:itliat he hud delivereil al a«>un • 
vcnticle. Tlu-y swore to two or three periods, 
in which liicy tigifjd so ix:ietly to«felher, that 
there was not the smalli'st wariution in iIkh* de- 
positions. liiiSfWc'll on the other hand made a 
strong defence : hi proved, that thv uiiuosscs 
were lewd and infan II >us p^rston^. lie pro\ed, 
that he had always beiii a l<iv;d mau, cun in 
Cromweirs days ; that ho prayiMJ coUNUntly 
for the kinijf in his faniilv, and tltat in hi> s>'i- 
inons he oftiai insisted tm the obli^aiiuns to 
loyalty. And &i- for that .^( r:ii<':i. In u \ut h thr 
witne:i>&y,Svor«.* he rteti\iTi'<l iIiom; v.mJs, he 
shewed what his text was, which l!:<* wiuK-sscs 
cuuld nut rememln'r, its tlicv ri n:eoiii«.r<d no- 
thing else in his sermon l»esuU's the wnrds lh« y 
hud d<>po>;cd. Tliat teM, and his siruu):! ujion 
it, had no rehti<Mi to any such ma.ior. Scwr.ii 
ivilnesses \iho hi-ard Iiie sti'inofi, :uul M>ni;.* 
uho writ it in short hand deeUnd, he said iiu 
such words, nor anything to that purpos<>. JIi- 
uf}t.red his own uou's toprtAo this fartlur : hut 
ii«) reutu'd was had to t!)ei!i. The v\ omvu i-.iuld 
notpro\i' by any eircuiiibtiuiee that they were 
at his me'v'ting ; or Uiat any {lerKun saw them 
there on that day. The wouls they swore 
against him were so gross, that it was not to bt* 
iinagined any man in bis wits could express 
himself so, were he ever so wickedly set, belbre 



of Thomas Rose^vell, clerk, to be arraigned 
upon an indictment of High-Treason, found 
against him at a late session of Oyer and Ter- 
miner, held at Kingston in the county of 
Surrey ; and it was desired returnable tu mor- 
row, but was not taken out till that day, return- 

a mi.ved ii^i.-ionibly. It was also urged, that it 

was high! V inijirobahle, that three women could 

reincnibti' i;o long a peritNl upon one single 

heai-iiig ; undtiiat thi'y should all remember it 

so exactly, as to agree; in the same dcpositioD. 

He ofiuri'd to put the whole upou this issue: 

he would pronounce a |K>riod, as long as thai 

^^ hich tiu'v huil sworn, with his usual tone of 

voice uiih'whirli he preached, and tlien leava 

il to till 01 to repeal it, if ttiey could. I set dowB. 

all this defence more particularly, that it may 

appear w'oai a spirit was in that time, when m 

\ei-diit could be brought iu upon sucbanevi- 

, deiife, aiid against such a dtrfeuce. Jeflerica 

. iirgrd the ii<aiier with his onlinary w 

! hcincnee: he laul il for a foundation, that all 

|.rca«'hing ut e<iiiwi.t'<'I-s was trc>asonable, and 

I il;:aiiiisi:ii:;l.iiod !;|itKsftii(-jnry to believeany 

I evif!o:.ri \t't'aiM>Lvt>;- upo;i that head, and tbal 

I luTe wen- thi>i: |M)siitve concurring witnesseSy 

j s(i t':e jorv iii'ou<;iii him ui guilty. And tbcM 

I >\:iNa hiuimefiil rej-.-iring upon this. It WM 

thonirUt, n.'vv c>-n\uiticlus would be all sop* 

prrssfMl i.v it : since any person that wowd 

wiinrsstiiai trrasonauh u<irds wire delivered 

attUiin wouM iu- b»^'lievrd. how improbable SO-/ 

LMv It miulit be. ilut wiien the importanceaf' 

the woitls <-ame to be examined, by men learn* 

*'d ill the law, they were fonnd not to be treu*- 

sou by any staluti'. :So Uoscweli moved for" 

uii arrest of judguu*nt, till counsel should btt* 

hvard tu tliut puiiiu, uhether tlm wordtf wan* 



IW] 



STATE TRIALS, 36 Chari.es II. l684.— /<;f' f/ig-A Treason. 



ri5o 



aUt* irnvtcdiale^ and upon Saturday it was re- 
ancd. 

DieSabbati, 25 Oct. 1681. B. U<^g^is. 
DoMiNus Hex vers. Roslweli.. 

This day 3Ir. Rusewell was brought iifioii 
tbe Writ of Habeas Corpus, to thu wkv of the 
einftol'Xiii{r*s- bench, and was thus arraigned : 

CL tff Cr, Thomas Rosewcll, hold up thy 
fand. ' [Which he did.] 

**Thoa staudest indicted by the name of 
T^ooias Rosewcll, late of the"^ parish of Ro- 
Aoiuth, in iLe county of Siirre^r, clerk ; For 
te tbou, as a false traitor, against tlie most 
■OEM and most excellent prince our sovereign 
MCbarh*s the Second, by the grace of Ci^, 
Imp tf En^nd, Scotland, France, and Ire- 
kJ, defeDdcr of llie faith, dec. thy supreme 
mi mural lord ; not baring x\w fear of ( Jod in 
tfijbeart, nor weighing the duty of thy uUe- 
|iuoe ; but beio^ moved and sciluceil by tlic 
MUgation of the devil ; the cordial love, aAd 
toe, due and natural obedience, which a true 
lad &ithVul subject of our said sovereign lord 
^Idngdotti, and of ri<;ht ought to b«ir to- 
midi niin, ailojgether withdrawing ; and con- 
lirii^ and intending to distiu-b the peace and 
fmuDoa tranquillity of this his kingdom of 



3 or not. In Sidney's case they refused 
Agnal that, ui Jess he would first confess tlie 
flhO. And, though that was much censured, 
jtt il via more doubtful, whether council 
«|^labe hourd after tliejury had brought in 
^fCite. But tbe king was so put out of 
eamtoBBittwith the many stories that were 
%n«fbtbin of his witnesses, that the attorney 
liiid orders tu yield to the arrest at' 
t\inu\r\\ it had been more tu the 
j'ilidiioar to have put an end to the business 
bjrapaniun. It was thought a g«>«)d poiul 

ttwhK:h might turu to the advantage ot' 
j£ct, to allow that a point of law nii^'ht b<' 
' afttr conviction. Tbe impudence ut' 
terdict it an the more shameful, since, 
we had a popish successor in view, 
a precedent uiude, by which pusiiivc 
swearing to any thing as buid in a 
were to be believed against so many 
itie3, and so much proof, to the contrary, 
might have been at another time very 
to the ilergy.*' Burnet's History of his 
Times, vol.'l, p. yj7. 

«* RoMewpll wa« attaint, by verdict, of hiv:li- 
■MO m I»ndon, and luving made hi-i peaiv 
ilk the iyird Chief Justtice, moved by his 
to arrest thi* judgment for an emtr td' 
in the record. Tlu Lord (.Mi icf Justice 
not €*onuin himself, or be concealed, but 
rt'jiiict^t at lilt! accident, and was 
Mtii with lairth and laughing ut the king's 
mmti. Hut the serious obser\ ation was that, 
Nrhc had urged the proseeution of Ufisewell, 
m fitiilt »bpt, he should so merrily discharge 
u" North** Life of liord Keeper Guilford. 
^%f. 107, avo edit. of ISOti. 




England, and to sow sedition and rebellion 
within the kingdom, and to depose our said .so- 
vereign lonl the king from the ttile, hono..r, 
and regal name of the imp'jrial crown of this 
realm, and to bring our said sovereign lord the 
king to death and final destruction, the 14 th 
day of Seplemb<;r, in the 36th year of the 
reign of our said sovereign lord the king that 
now is, at the parisli of Itotherhith aforesaid, 
ill the county of Suney afort»said ; didst pro- 
pose, compass and imagine to sow sedition, and 
raise rebelliim a»ainst our said sovereign lord 
the king, within this kingdom (d* Ivjgland, and 
to make a miserable slaughter among the stih- 
jects of our siiid sovereign lonl the king, and 
to cause our said sovereign lord the king to be 
deposed from the regal st'ite, title, and honour 
of the imperial crown of this realm, and to 
put to death, and final destruction, our said so- 
vereign lonl the king; and the government ot 
this his kingdom of England at thine own w^U 
and pleasure to change and alter ; and the 
state of this king^lom of England, in all its 
parts well ordered and constituted, to overthrow 
and subvert ; and to levy war against our said 
sovereign lord the king, within this kingdom : 
And tocoiU[dete thy s^iid most wicked treasons, 
and traiterous puV(Mi>t^i, and imaginations ; 
and to raise discord between our said sovereign 
lord the king and his people. Thou the said 
Thomas Roscwell, the atiiivsaitt 1 ith day td* 
September, in the .'ttjtli year aforesaid, at the 
|>arisli aforesai<l, in the county aforesaid ; 
falsly, unlawfully, setlitioiisly, maliciously and 
traitorously, in a certain unlawful assemblv, 
and in the presence and hcaiiiig of divers suo- 
jects of our said so\ er«^ ign lord the king, tlicn 
and there unl'ii\ifull) ar.d seditiously, and 
against the laws of this land, assfuibleil and gn- 
llu;red tojri'iher : <lidst speak, assort and de- 
clare, *Thal ilu- People' (m«*aningtlie subject* 
of our said soxeieig'i lunl ilie king), * made a 
' Hocking to uursiiitl sovereign lord the king, 

* upon [)retenre of healiuLf the king's-c\ il, 
' whirli he' (uiraniiig our said sovereign lord 
the king) " could not do ; but that we' ^ni(;an-> 
ing thyself, and other traiit- rous |)ers<ius, sub- 
jtx*ts of our said lord the king) * are they to 

* whom they' (meaning the subjects ol our 
said lord the kiiig) ^ ought to tlock, bec'ause 
*• we' (uieaning thyself, and the said other trai- 
terous persoi^) * are oriesJs ami prophets, that 
' bv iHir prayers o.in heal the d<doiu*s and griefs 

* of till' peo|)li.'. \Vi;' (meaning the subjects 
of our^>aid seven iijn lonl ill;* Ling) * havt? !iad 

* two UH.Krd kiiiy>' (the most serene <.'liarles 
till' fi;-st, l:.iekinf. of Kiigland, and our said 
soveriiyn lord tlie Linic that n<iw is, nifaiiinif) 
' to.«;ether, who liavi* |KninliU'd pupcry o enter 

* i.i ursiler their noses i' whoi;i iusi-aiiinvr the 
said ChurlfN the first, late Kiiiir ('f KngUuHJ, 
an our said covert i<;n lord ihtr kisii** that now 
is) ' we can resemidc to no oiimt person hut 
" to iiio.»,t wicked Jeroboam. ' ' Ai:!! ihal if they, 
(meaning the said eviUiiisposiMl |u;rM»ns thi-u 
and there, so as aforesaid with thee unlawfiiHv 
assembled, aud gathered together) ^ \^ouIl1 



I 



151] STATE TRIALS, 36 Charles IL iC84.— Ti iW of Thomas Rosewell, f 158 

Ros. I liumbly thiinkyou, my lord; Ihope 
you M ill pardop. my weakness and igtionnoe. 
J crave tlic favour to have a copy of my in- 
dicimcQt. 

Just. Hoi. We cannot allow it. Ynit cannot 
lie it^iuiraiit of tliat, it Las been denied in many 
cases of late. 

Just. Wfifcot. We cannot grant it, eioqrt 
Mr. .Attorney will (^onsent to it. 

Just. HoC. ^'i)u must positively say {j^nilty, 
or nor guilty. Sir Samuel Astry, caH him to 
his plea. 

CV. of Cr. How sayest thou, Art tllM 
Guilty or not Guilty ? 

Just. IlnL Look\ou, 8ir, you shall nolAt 
stnutLne<t, vou «hall hcve convenient time t0 
coi^sider what ili;fence } on bu%etomake. la 
i\v: mean time, we ha^e nothing' to say, but to 
know of vou what you plead ; Guilty or not 
Cluiitx-. 

Al'f, Gnf. (Sir Robert Sawyer) If you de- 
sire to have the words rt:ad again to 3*ou, yoa 
Khali. 

Just. 7/()/. Ay, with all our hearts. 

Htnt. I thank you, 8ir, and my good lords. I 
desire, if vou please, to h«ve it read in Latin. 

Just. tioi. Read it in Latin. [Which wu 
done.] 

C7. of Cr. TIow sayest thou, Art thou Guilty, 
ornot Guilty ? 

Jui^t. BoUoit'ttif. Now what do yon say ts 
it. Ani you ^u'dty or not grilty f for iiidcel 
wc cannot spend our time ini [Pertinently, wi 
have other buMness. Here is a qi!estk»a yo« 
ou^flit to niiike a direct an^ncr to one way or 
othrr. 

Ruscwefl. My Um\ I liumbly cro^ne the fii- 
vour it may hi* it ad once more in Eng^lisb. 

AtL Gen. Sir Snna:cl Astry,iTa(i the words 
without the innuendos. 

Cl.ot'Cr. (Reafls.) ' That the people made 
" a flockinq^to the king, upon pretence of heal- 
Mng the kini^'s- evil, which he could not do; 

< but we are tliey to whom they ou;;lit to flock, 

< because we are priests and prophets, who can 

< heal their prriefs. We have now bad two 

< wicked kings together, w ho have permitted 

* Popery to enter under their noses, whom we' 

* can resemble to no other person hut to the 

< most wickfHi Jeroboam : and if you will stand 

* to your principles I do not fear but we shall 

* he able to overcome our enemies, as in former 

< times, with rams horns, broken platters, and 

< a stone in asHng.' 
Jnst. Uolhtcay. Now you hear your charge 

both in l^atin and English' ; pray, thcrelbre 
let the court know what you do plead ; 
gnilty or not guilty to it. 

Hmcwt II. Not Guilty, my lonl ; and I Ueas 
mv ( fod ii)r it. 

'Cf.of'Cr. Culprit, how will thou be tried ? 

Rmni'fll, By Gwl and my country. 

f 7. ofVr, God send thee u good deliverance. 

Rv^'fucU. These* are things that my soni 
abhors, 1 thank my God. 

Att. Otn. Mr. Justice Ilolloway, will you 
please to appoint some time for his' trial ? 



* stand to their principles «liou' (im.-anin^ thy- | 
^e!f) * didst uj It «('ar, but they' (meaninu thyself, j 
and the said ev il -liisjiosi d persons) * would over- ' 

* cwiiie tlieii- enioiies,' (meanihi; our said sove- i 
reljiifn l<»i-d ilij' Uiiiji and his subjects) ^ as in ' 

* furnuT li-Mis, with raois-horns, broken pht- ' 

* ti-rs. (iiKi :i st Mie iU a sJintf ;* against tii*^ dmy . 
of tijy :iiK*;j:iai::- », «jja!ii-1 the pimec i»f our 
Ro»e.»ii>ri loi-.l rlH kinsy. Iii> (loivo and digr.ity, ' 
and a'lfJuiiM i!i.' .-erui ot ilie siaiuti in ihat luse ' 
ina-li- an! )<ru\i.Kd.' " How >ayst thou, Tho- ' 
mas R:iAt'we]l ; Art :hon -^uiiix of this High- | 
Treason w I iereof thou siimdf^? iin'icted, and' 
bust h(s n nou- :irraigncd, f»r not (iiiiliy ? j 

Mv. Kuiucll. M\ I'iid. ! hunildy crave the i 
favt)ur lo < ;., ;'.k a \sv\\\. * ! 

Ju-!. Hri/caij/. Uhat is it you iv'ould say, '• 
Sir!' V«.n mi>-l pie::d. ' ' \ 

RifS. .My lord, i:iy c'l-irj^^c is very high ; anil , 
IbKss mvGod, I am not eonsoiuis to invstif 
uf RMV ifuiit as to those tbinjfs tl>Ht you have ; 
hearJ roril, and el:ai"fvd ii|iiMi me I 

Jnst. Jfti'. if vou «ii| pbad, JSir, to this 
indictriunt, so ; tliat is s.ll )ou have to do now. 

Itiif. My innocence, is my great comfort 
under the (iod of heawm, who know.: they 
have laid to my chan^o thing*, that 1 know not. 
1 do protest my abhoiTcnce of these things al- 
ledge<l to be said by me against my sovereign, 
whom I honour iii my heart, and* daily pray 
for ; I bless m v Goil for it. 

JwHt. HoL I hope then your innocence will 
Ci ear you. l>ut we have* nothing to do no%v 
Init ti» take yonr answer to this question, whe- 
ther you are guilty or not giilty, of what you 
stand indi<-tr-d fcirV 

jRoA. I liuinUy vmvt: your lordship's pa- 
tienc*' a little. !*ray. my lord, give ir.e leave — 

Just. IJui. Sir. you will bj lieaid whatever 
you have to say, at the tim*? of your trial. 

Rox. Pmy lu'ar nie a few wonU, my lord ; 1 
wouUl not tiWpass upon your j.alicnce*; 1 have 
hut a few words to suy. 

Just. Walcat. You must plead, guilty, or not 
guilty, lirst. 

RiKs, My lord, I bc:$eecli you 

Just. Hot. Sir, we cannot hear you in a case 
of so great weight and moment as this, till you | 
have pleaded. Vou will have time enough at ! 
your trial to mnkeyour defence; and all we' 
can do now is to taiie vcur pteu of guilty ornot 
guilty. 

Ro$. ]\Iay it please your honours, you arc 
sensible of iny giinit weakness and ignorance in 
matter of law, and things (»f this nature ; I ! 
therefore Immbiy beg I may have counsel to . 
assist me in this bu^inr.NS. | 

Just. Walcot. If there beany tbingof matter ! 
of law doth arise upon your* tiial, the court 
will assign yon counsel. 

Just. Jiol. We eanno! asMgn you coun«;fl at 

fircsent, for we ha^ e nothing to assign it upon, 
f there do any question of law arise in your 
case, thenthecourt will (as they are bound to 
do) take care of jou, that you siitrer no preju- 
dice tor want of ihe a*»ista*nct^ of counsel ; and 
in matters of fact upon your trial, the court 
are of counsel tor ^ uu. 



I5SJ 



STATE TRIALS, 36 Charles II. l6S4^or Hi/^ Treas&n. 



[154 



Jmtice Highway. Wiial time would you 
bare, >Ir. Attornev 7 When can you be ready, 
Mr. Ruscwell ? 

RMewcfL ! dpsire, my lord, it may he on 
tbe Idth of November. 

Just HoiiauiaM. What day of the week 
iitfaat ? - M r. clerk, U|>oo WVdnesilay . 

JiBt. Holiomay. Are theru no ar^^umciits 
apMinted for that ilay ? 

tkrk. There is a jury of Northam[)t(iDiibire 
he that day. 

Jodt. HMowtijf. Tlien it cannot l>e t!)at Jay. 

Rotewe/L Then, if it pte&se your honour^s,' I 

me it may be tlic next day ; uj>oii Thurs- 



Att. Gen, When it is mojit convenient for 
tbebasiness of the court. 

JmL HoUotiay, 8ir Samuol, yon will see 
when it wilt be most convenient' at tiic return 
of tbe Venire 

CL of Cr. Must I return it ? 

Ait^Gen. No; the shrritf miMt : ami the 
eoonie is to make it returnable tlie same day 
tbt cause is tried. 

RofeteelL My lonl, I hambly desire I may 
hire eounitel allowed to come to* me. 

Alt, Gen. You can have no counsel allowed 

BaeKtlL uly lord, I request that my 
friends may be alIo\v«Hl to come to nie in the 
nieui time'; I have been a prisoner above tliis 
month, and not penuitted to see my friends, 
nor they to see me. 

JiiA Hoi/oieuy. What friends would you 

have? — hustwelf. My relations. 

Jost. Wate&i. ThatHations is a larjare word. 

.Att, Gen. Trtdy, t^r, I think he may have 

liberty lo discourse uith any person in the pre- 

lieoce of the keeper, I shall not oppose that. 

RosattU. Yes, uiy lord, 1 desire uo other- 

wise. 

JnsL Walcdt* Who do you name to come to 
you? 

RnaceU. I have poor children, that desire 
sad lun^ to see me. 

Jost. Hoilouay, Who do you say, you would 
ba«e come lo vuu ? 

R-MTureil. Ay wife and chihlrrn, my lord, 
rtm are my bowels. 

Ait. Oeii. In the presence of the keeper 1 
casDOt oppose it. 

Raseaetl. Will your lordships please to al- 
fow counsel to come to me ? 

Just. HoUowaif, We cannot do it by law. 
The court is to be of i*ounsel lor you when 
yea come to your trial. The court will not 
■iffer any thui^ to bu done to your prejndiuc 
■gainst law. 

Rotttcell. Is there any statute, my lord, 
that forbids the j^vincf ol' counsel ? 

Jufcl. HolloKtiif. The law forbids the al- 
bwiD^ of ooumiel in capital causes : unless 
where mrtter of lawdotli arise. 

Roseveii. My lord, as I remember, Fitz- 
karris had counsel allowed him. 

Jvst. HolUmay. That Mas in a different 
rase, in a matter where there were special 
pleadings ; this is a general issue. 



Att, Gen. That was in a mattet of law, 
that was insisted upon, but it \s not so here ; 
if this gentleman had any matter of law to 
ph*ad, he should have counsel assigned him 
too. But, Sir, I think Tuesday thr 18th of 
November will be the frecsit and most conve- 
nient day. 

Just. Uolhmay. Let it be that day then. 

C7. of Cr. The 18th of November is the 
day of your trial. 

Roseu eii. But my loni, was not comisel al- 
lowed him before his trial camp <m ? 

Just. Ilollozcuy. Yes : but that was upon 
a special plea, of a matter in law. 

Roseuell. I hope you wiil ccmsidcr my case 
as of one that knous*i)otthi> law. 

Ct. qfCr. Tuesday the 18th of November is 
the day. 

Roxeiceii. My lord, 1 humbly reauest the (a- 
vour that any penwn that c*au speak of my in- 
tegrity, may i-oiiie and testify tor me. 

Att. Gen. Ay. ay; you may havesuhpd*nas 
out of the othco tor any l»ody who yon will, 
tliut are to be witnesses for yuii. 

Just. Wtdcot The officers of the eo'irt will 
do all things that are rt^fpiisite and legal for 
y.iu. 

J list. Hofhtiay. Then take hack yomr pri- 
soner, Kieppr. 

An. Ocn. J do not know tmly, whether the 
practice of tho court is ,iot to commit to the 
^urslihlsea, being tht' prison uf the county ot* 
Sui rey 

CL of Cr. Sir, it niav he one or the oither 
w:i^. as the cour: thintis tit. As long as the 
iimg'-^-b^neh sits in MiddleMX, lie may be pri- 
soner stid in the Gau'- house. 

Kftptr, Then llicruleof the court is thai 
he siiuil cninc again tlien. 

(.'/. of Cr. \eH. he is, by rule, to appear 
beretiie I8thof Novemlicr next. 

\\ h<M'cuiK>ii he was carried back to the Gate- 
house. 



Die Mortis^ Aw. 18, 1084. 

This day the prisoner was brou:r|it, w rule, 
frtmi tJM' Gate- house to the l»ar of the King's, 
bench conn to his trial, at which all the judges 
of the said court were present. 

C7. ()/' Cr. Thomas lt< sewell, bold op thy 
hand. [Which he did.] Those men that 
thou shait hear called, and do personally ap- 
pear, are to pass between our sovereign lord 
and thee, upon tlie trial of thy life and thy 
death : If therefore thou will challenge them, 
or any of them, thou art to speak unto them 
as they come to the hook to be sworn. Sir 
Gpnr<;t; Sheeres, baronet. 

Rosetcell. My lord, I would humbly crave 
the favour of your kmlship, that I may hare 
the use of pen, and ink. 

L, C. J. r8h- G. Jeffreys.) Ay, in God's 
name let him liave pen and ink. 

CL of Cr, Swear sir George Sheeres, hart. 

Roseweli. I beg I may have pen, ink and 
paper, before he be swum. 



155] STATE TRIALS, 36 Charles 11. l6S4,.—TYial of Thcnm Ram»th 



L. C. J, Ay, let him. 

Crier. Look upon the prisgner. Sir, you 
shall well and truly try, and true deliverance 
make between our sovereigfn lord the kinfi^, and 
the prisoner at the bar, whom you shall have 
in charge ; and a true f erdict gi?e according 
to your evidence. So help you God. {Jurat* 
Sir George Sheeres.] 

HosewelL My lord, I challenge him. 

L. C. J. That you cannot do now he is 
sworn. 

RosewclL I was surprised, my lord ; I did 
not know it. 

X. C. J, I cannot help it, Mr. Rosewell, 
you m ust mind your business. We cannot im- 
swear him again. Go on. 

CI. qfCr. Sir St. John Broderick. 

Crier. Look upon the prisoner, Sir ; You 
aball well, Aec. Jurat' Sir St. John Broderick. 

RosezoeiL I challenge him. 

X. C. J. You cannot, Sir ; he is sworn 
now. 

Rotewell. I beg your lordship's pardon ; I 
was surprized. 

, JL C. J. Let us not spend time in such talk 
as is to no purpose ; I tell you we cannot un- 
swear him. 

RotewclL I desire, my lord, my challenge 
may be received, I was going to speak — 

jL. C. J. It cannot be afler he is sworn ; we 
cannot make a new law for you. Mind what 
was said to you ; if you have a mind to chal- 
lenge any body, you must challenge them be- 
Ibre they come to be sworn. 

CL o/Cr. Sir Robert Knigbtley. 

L. C,J. Mind the thing you are about, man : 
apeak now, if you have a mind to challenge 
hjm. 

Ros. I do not challenge him. 

CL qfCr. Then swear him. 

Crier. Look upon the prisoner, &c. [Jurat' 
sir Robert Kniglitley.] 

L. C. J, Pray now mind the thing you are 
about ; you are lofking about you ior some 
private mark, or bint to be given you by some 
body, and so lose your time of challenging. 
You must challenge them as they come to the 
book to be sworn, and before they are sworn. 

Ros. I beg your lordship's pardon ; I was 
minding to set down the names in my paner, 
because I am to take notice of those I cnal- 
lenge for their number. 

£. C. J. You shall have all the fair advan- 
tages that the law will ^low ; you shall have 
your full number to challenge, which you 
may do peremptorily, and without cause as 
to 35 ; and as many more as you can with 
cause. 

Ros. Is there any one to note the number ? 

L. C. /. There shall be sure to be notice 
taken that you be not surprized that way. You 
shall have all fair advantages, I tell you. 

Ros. I humbly thank your lordship. 

CL o/Cr. Sir William £lliot. 

Crier. Look upon the prisouer. 

Hot. I chalkngehim. 

CI. tjfCr. Sir Oeorft Wwdroofe. 



Ros. I chall^gehim. 

CL ofCr, Sir Cornwall Bradshaw 

Ros. I challenge him. 

CL ofCr. Sir Thomas Bladwdrth. 

Ros. I challenge him. 

CL ofCr. Antnouy Thomas, esq. 

Critr. Look upon the prisoner. 

Ros, I do not challenge him. 

Crier. You shall well and truly, &• 
Anthony Thomas.] 

CL ^Cr. Francis Brend, esq. 

Rm. I challenge him. 

CL ofCr. James Reading, esq. 

Ros. Is it Mr. Justice Reading • 
wark ? 

X. C J. Do you challenge him or 
may if you will. 

Jutt. yiy lord, my reason is, I ha 
imich of him, but never had an oppc 
know him till now. I have no 
against him. 

X. C. J. Then swear him. 

CL ofCr. Thomas Newton, esq. 

RoS' I challenge him. 

CL f^Cr. Thomas Vincent, esq. 

Ros. I challenge him. 

CL ofCr. Ambrose Muschamp, es 

Ros. I challenge him. 

CL of Cr. Ralph Freeman, esq. 

Ros. 1 challenge him. 

CL ofCr. Joseph Reeves, esq. 

Ros. I challenge him. 

CL of Cr. AnUiony Rawlins, esq. 

Ros. I do not challenge him. 
sworn.] 

CL^Cr. Thomas Overman, esq. 

Ros. 1 have no exception against h 
was sworn.] 

CL of Cr. George Meggot, esq. 

Ros, 1 challenge him. 

X. C. J. Crier, Be sore you bid t 
upon the prisoner, and the prisoner i 
them, that he may see what he does. 

Crier. 1 do so, my lord. 

CL of Cr. Samuel Lewin, esq. 

Ros. I have nothing to say aga 
[He was sworn.] 

CL ofCr. Lawrence Marsh, esq. 

Roi. My lord, I desire to know 1 
I have challenged. 

X. €. J. He shall tell you. Coui 

CL ofCr. Twelve. Wiiat say y( 
Marsh ? — Ros. I challenge him. 

C/. of Cr. Ambrose Brown, esq. 

Ros. I challenge him. 

CL ofCr. John Halsey, esq. 

Ros. 1 challenge him. 

CL qfCr. John Awburn, esq. 

Ros. 1 challenge htm. 

CL ofCr. Heury Flood, esq. 

Ros. 1 challenge him. 

CL ofCr. John Parsons, esq. 

Ros. 1 challenge him. 

CL of Cr. John Petty ward, esq. 

* See a Note to the Case ot*Don 
Sa, vol. Ik, p. 46a. 



STATE TRIALS, 36 Charles 

not challeDge bim. [He was 

Ricfaard Coldbaro, esq. 
» not challenge him. [He \vbm 

Robert Sanders, esq. 
allenge him. 

John Heatlier, esq. 
b not challenge him. [He was 

John Austin, esq. 
f. Sir, doth this make twelve if he 
■CLrfCr. Yes, Sir. 
n I do not challenge him. [He was 

Crier, coant these. Sir George 

«,«&<;. ^ 

John Austin. 
relre. Good men and true, stand 
hear your evidence, 
re ftworu were these : Sir Gcot^ 
St. John Rrodcrick, sir Robert 
inthoDV Thomas. James Rcailing, 
wlins, Yhomas Overman, Samuel 
B Pcttywani, Richard Coldham, 
9*, and iFohn Austin. 

llionias Roscwell, hold up thy 
eh he did.] Gentlemen, you of the 

Bm the prisoner, and hearken to 
e stands indicted by the name of 
■evrell, &c. (Proiit) in the indict- 
& mutandis. — Upon this Indict- 
fc been arraigned, and thereunto 
Iwl Guilty ; and for his trial hath 
'ipso God and his country, which 

1 mfe. Your charge is to enquire 
be Guilty of this high treason, in 
fcrm as he stands indicted, or not 
you find hini guilty, you are to 

t gnods or chattels, lands or tenc- 
■d at the time of the high treason 
or at any time since, to your know- 
'ou find him not guilty^ you are to 
!thitr he fled tor it ; if you find that 
il, you are to enquire*of his ijfoods 

tsif you had found him guilty. | 
him not Guilty, and that he did not ' 
a are to say so, and no more, and 

evidence. Crier, make procla- 

I yes, O yes, O yes ! If any one 
Kj lords the king's justices, the \ 
nt, tlif kinir's attorney -general, or | 
I Boir taken, of the high-tnrason 
i prisoner at the bar stands indicted, 
■e fbilb, and they shall hv hcn&rd : 
■firot' persons that arc bound to 
M en tne behalf of our sovereign ' 
If IfMHt the prison«'r at the liar, ; 
Mefcrth and give their evidenre ; 
ifriMBSr atands at the bar uiM>n his 
t: er thej forfeit their rccogni- j 

Ibf it please your lordship, 
mefiliejur}' 



II. 1684.-/W High Treason. [ 158 

Rot, Hold ! Hold ! I crave the favour that 
the Indictment may be read in Latin. 

L. C. J, Ay, with all my heart, let it be 
read in I^tin. [Which was done.] 

Ros, My lord, I humbly crave leave to speak 
a word or two. 

L. C. J. What would you have ? 

R(}s. I beg your patience for a word or two. 
I find, my lord, as 1 told my lords upon the 
day of my arraignment, that my charge is 
ver^ black and nigh : and truly if I were 
guilty of those things that are laid to my 
charge 

L. C. J. You are now going to be tried for 
them. I hope you are innocent. 

Ros. I humbly thank your lordship : 1 beg 
you would hear me but a wonl or two. 

L. C J. You must keep up the method of 
proceedings, your time is not yet come. What 
IS it you would have ? 

Rm, My lord, my soul abhors these things, 
I thank my God for it. I was going to speak 
to your lordship, to know whether the words 
of a natural or a mad -man be treason in law. 

L. C. J. No. 

Ros, Tlien, my lord, the ground of the 
question is this, I find by recollection and con- 
sideration of the words laid to my charge, that 
mv malicious enemies have accused me of 
what any man in his senses — 

L. C. J. This is not proper, Mr. Rosewell, 
at this time ; for this is but an anticipation. 
Vou must hear what is first proved against 
you. We must keep up to the forms ot law, 
you shall have your full time to be heard what- 
soever you will say for yourself ; but jou must 
not anticipate the cause with previous dis- 
courses. 

Ros, I would only assert my own inno- 
cency. 

L, C. J. Not yet ; vou must not do it, nor 
you shall not do* it. XVhen it comes to your 
turn to speak, you shall have liberty enough t> 
make your defence as long as you will. Go 
on. Sir. 

Mr. Phipps. May it please your lordship, 
and you gfentlemen that arc sworn : the pri- 
soner at the bar, Thomas Rosewell, stands in- 
dicteil, That he, as a false traitor, not having 
the fear of God before his eyes, but being 
Tuovol and siduced by the instigation of the 
devil, and endeavouring to disturb the peace 
and tranquillity of the kingdom, and to depose 
the king, the Mth of Soptenil>er in the :)6tli 
year of this king, at tho parish of Rotlierith, 
ni vour county, did falsly, innlitMOUsly, and 
trarierously, purpose and imagine- 1(» raise a 
ro1>e1lion \«itliin the kingdom, ar.d to deprive 
the king, and depose, and put him tfiiVath and 
destruction, andtli«^ govcrnm«-nL to i-l ange and 
ullrr, and to lr\y war a<r;iiiist the kmg v itiiin 
the kingdom : and tlirsc wicked purposes to 
bring to pass, be tb(! said Tlioii-as Uoseiiell, 
the said Mlh of StpteinlxT in the ^Gtli vear 
af'iresuid, at the plsur aioii^said, fidslv, unla\i- 
fully, ntidicimisly, .•irdiiiously and traitcrousiy. 
in a ccrtaiu unlawful assembly, th«n and there 



159] STATE TRIALS, 36 Charles II. 1 684.— Ti /a/ of Thoma$ Itantcell, f 1( 

And ^'011, Gentlemen of the Jury, I must ti 
yrm, it" any "iic \vhis|»er anv of von, yon ou^ 
to ac<|!iaiiit the court with it. It is your dir 
to be dircrted by the court, and the evidenc 



congre^tcd, did say and declare, ' The people : 
' make a flockingf to the kin^, upon pretence 

* cf healing the kiu;;'s evil, nhich he cnnnoi ' 

* do ; but we are they to whom llicy ought to | 
' flock : for »e are [)*nests, and prophetK, that . 

* can heal their i;riv\anees. We have now | 
' had two wicked kings together, who have . 

* permitted f)opery to come in under their ] 
*• noses ; and wlioin uo can compare to none . 
' buttlic n'.ust \su-k(.d Jeroboam. But it' th(*\ ! 
■ would stand to their piinciplcs, he did not ' 

* dou!»t, but they shnuid ovenonit their ene- i 
' mies, as in loriJier times, wiiu rani's- lion>«, | 
' broken pUiUtTs, and a stoue in a slin;;.' And . 
this is laid t(» he atrainst the duty of h;s aile^jri- . 
ance, at^ainst ih:j peace of t-ie kini;^, hi^ rrown j 
and dii^nity ; a:.'J aia^dnsl tiu' iorni of the sta- ; 
tute in that case- made and providv.rl. •!'(» this 
indictment he has pleade<l not cruilty : if we 
pro\e him guilty of this matter, yon are to iind 
him guilty. 

Att. (Jtn. May it please your lordship, and 
yon gLUtlomen of the jnry ; these traitenuis 
wonis, that the prijionerat the liiir is aceuse<l 
of, wen* s{>oken of in a S*»rmon,* or nn-aeh- 
luenl at a conventicle. And though the gen- 
Ueman doe^i preteiul to much iimoceney ; yet 
vou v^ill find, that in open defiance of tlie law, 
ue takes ufion him to preach avfainst the law, 
Dot only of the land, but even against the laws 
of Aloiighty God : for he takes upim him to 
be a pn^acher agsunsta rule, than w hich nothing 
is more plain m all the Word of God, \i'Z. 

* That he should not speak evil of dignities, 

* nor revile the prince of hivS people.' I2e 
kno\«s this 1o Le the niU- of tin.' Seripture : and 
yci in his constant discour^A, (as \\v. sliull 
provi') hf makes it his practice to re\i!t' the 
governmenl on all sides. And Ly these doings , 
at this day, g'-ntlemen, you will easil\ undci'- i 
stand what the designs of thv^e conVenlJcIi.'s 
are ; only to Uiirst^ up jieope m sedition, and 
trriu tiiciu up to rebellion ; that they m»y bi.> ; 
rt*udy lo break out mto it wijcii thei:" teaeliers ' 
advi.se them to it. We shall tal'i nur w ii t-ss**.--, | 
ami prove to \ on, that thi:> is, and has been the , 
eon -slant U: nor i>f his discoursr, \'\z, Rrvilii.g ■ 
uf the governmenl ; and theu- is almost nn 
text uf Scr:ptuie but, i:j his Ma^> of p<-rvertiiig 
it, heha.s tmued agauist the QfoviTiimciit. \\ e 
shall shew this to he I'le haliitnal eonrsi- and 
practiiuot him \ili(; ).;e:i:id« \} !>(.' so |j(»:icst 
and M> iunuei'iil a njuu. Crier, call Kii/.ahetli , 
Smith,-*-— liiltoii ai:d r'arrar. 

Then somr ol ilir ;,ounM'i at th«»bar, being 
talking am<injr thrmseUcN, the Loui Chxf; 
Justice repro>e<l lo-m for it. 

L.C.J. is*u.\. ;,ou, guiilencn, you must 
not have i:jterlocuti0iis among vom'.se1ves. 



• See .something concerning u Surmoij m.'iug 
an u\i-iia(-i of treascii in the ar^nmei)*« etm- 
ccruiug liii' exammation o;' iiai^i;-! i^tuart, 
when lie was for the. third tinji* pp/iniiMHi, as a 
witne.vs tor the prisoner in Hardy's Case, a.o. 
1704, in this Coil'jctiou. 

2 ' 



Ht re is a man's life in question, and that i.s 
^^-.'V wei:ihty thing : anci vou must not ta) 
an> p'.hafo rnsi nnal ion s, (mt only hearken i 
\oiir»'\idenre, and mind what is'^spoken pul 
iiely, iliat the prisoner may be able to gite ar 
swt-rtoit. 

Jtos. r humbly thank your lordship. 

Att. Ofu. will re are .Mi's. Hilton and Mrs 
Smith ? [Th: y wi re all sworn.] 

Hvs. 1 do humbly nqne&i one favour of tlH 
court. 

J.. C.J. WWdi wniiM you have ? 

Hns, I huu.'jiy i'-.ig they may l)c cxaroind 
scparatit/f. 

/,. C. J. They shpll. 

Ron. I lippi'dy tliank vour lord.«:hip, 

Js. C. J. 1*1 ho do \ou 6egin withal, 3Ir. At- 
torney ;* 

IVIr . Ji}7ics. My lord, we shal I begin with Mrs. 
Smiih. 

L. C. J. Then you must make way, thit 
the other u itnesscs inay go out of hearing. Yoa 
Crier, make wayfortfiem ; and see IhattbeT 
be .sit w he re tliey may not hear. [Whica 
was donj'.] 

Att. Gen. Come, Mrs. Smith, pray giri 
my h> d and the jnry nn account wheilicrm 
ha>e been at any nutting, uhere this geatle- 
man has been ? Whether you know him Pui 
\\ hat you heard of him ? ' 

Suhth. I heard him say this 

X. ('. J. llnhl u littlf. 'What is thiswomiB*! 
name. F.l:/.a!u'ih Smith ? 

Att. iji Ii. \c<, my lord. Were you by it 
any of his ron^ » nticli s ? 

S.'i.iih. Sir, I have lK*en ever since the Mlb 
of J'lly. uiitil that day for which he was takes, 
but onv Sunday. 

Att. (.ioi. Gi\e my lord an account of what 
yon heanl. — SfHith. '^ es, Sii . 

i.. (.'. J: \\ hi re v\ as it that his meeting-howe 
w as ? 

Sfhif/i. \ \v. \i:\t\ ;,everal housc?s, private housei, 
a.jd a pub.ir ho-.-ji- «ff 'lis own. 

L. C. J. ^Vhere? In what place ? 

S/iUf'i. In .Salisiimy-sticet, r.ear his wn 
dwollinij. 

/.. r.J. Wl.cic isth.M? 

S:, iff), hi iivili -rliilh. 

J . C J \'n\ w»iv fiequently there yot 
S.1J ? — .N/j.ii*/. ^ t?s, ni\ Kii'l. 

L. C, J V. hi I '..m.'.jir of people might be 
there, as yon i^ik'ss '/ 

S/i:ii.'!.^\ bt'lie.i .In :♦ n.lglu i,e 100 people, 
or .'.(;(; ronMn:)nl\ . 

J.. ('. J. V» liSi .s'.it ofpet;*'.! w» re they ? 

S/iuift. Men aiiii \M»mei>, Iioum-- keepers. 

J.. (.'. ,/. W oil, wh It ditl yiii I:r.ir him sayi 

*N '///(. I. i ea;: tfive \oi: an account of hi 
>.orni(.ns s •;« it:! «la\s. 

i.. C. J. Im» so. 

^ithtt/i. The fiisl ns'tioe thai 1 i'K>k ofani 
thin;^ co:iCi;iniiig tlic go»iimueLt, was upui 



I] STATE TRIALS, 3(7 Cm ah i>is II. \ eu.-^for High Treason, 



I of AngiKI, uui diAt )irai coDc«mitigf 

giesty ; aod then m liis prayer aft«r scr- 
e wisbed h^ ml^t not u^trnd God in 
frtvitii^ Ibr the kinK* ; but that it might |>lease 
^ to opea kig eyes, and ibe times nii^t 

GrJi. WbAl otber iliioffa have tou 

I/' f time th«it T hesrd bini was 

Ineiii...^,.-, _^^^ ^h'« fltat was m W«t- 
ltM« in » bouie ii> Iscu hf tva^ sj-i^uk- 

dom and ^ , u^ and he hrou^tit 

of, not (iouhtiti^ bat if there bad 
^hleous p«TKan«», tUc? city had not been 
but he 1 1 id not Dican rcoor* 
rlorrl-TTTftyors. 
m, >v vra« that, mistress ? 

\\ til, uhat did you heir him 

I the dnv in tlie indictment, the 14th 

n\»er'f 

Ho a»Ml, * The people made a flock- 

Iff.. I .«« 1,^ ^m^ ^^^ king**i oTil, wiiich 

fOOLi but/ lavfi he, * we arc I hey 

>.k uoiQ, fur wt; ore prieils and 

^ttiaibyour pr^^eri can cure their 

lie siid, * \Ve have now bad 

jelced kings log:ether, \vhicli hu.ve per- 

"■tf j>ery to coiue ja under tlieir noses, 

I he compared to noibiriu; but to most 

)cjx)boaiu>' And then aftt-r Ut* had 

I a good H'hile, again he said, v Ifthey 

' >0ijJd fltand ta their principles, be did not fear 

'btthrr should ovei-comc their eoeruieSf as 

'it former timesi with broken platters, rams- 

"^ ' a stone in a sling.* 

When \fa3 this? 

This Mvm upon the I4lh of September , 

ICX Wlien&waait ? 

imiiL At one Caplaiii Daniel Weldy*£ 

ti C. X What is he^ a seaman ? 

Y«i» and he prayed for him, being 

ea, and hia son boilii who was if I. 

How many do you think might be 

' allbal lime? 

There wu< a low paHour full, and a 

^^ rxHtm up «ix fteps ; and where he preached 

fOtie |»aJr of ttairs^ there waji a targe room 



.C.J. W 



, J. Where did he slanil ? 
imik. In the door-case of that room, that 
iiiaand lui^t go up and down. 
L C J. flow many people in tiuinber might 
' f be, thifdc you f 

utL I cjuinot tell I oiy lord; a great 

.C*J. How tnaoy, as nigh aa jou can 
lartliink? 
k^ Stjfenil hondred«of them. 
»J* D<* ^on kuow any oftheiu ? Were 
"e of any ijuality ? 
t'es, I know a great many of them ; 
bea are in the court, an^ about the 

. X Wlia itfood at the door ami let you 



[162 

Smith, One Mr. Paul 8hed ; and he was 
anirry at my coming with pattens, for thej 
matte an impression in the ground, &nd g'a?e 
notice to othen;, that tliere waii company there ; 
and I promised him I would come no more with 
thetn. ( 

Joat. Wakot. Waa he door*kee|tcr ? What 
ia he F 

Smith, A brasier, I think. 

Just. HolloAtty. Had you any notice of & 
coorenticle that was to be there ? * 

/.- C. J. Ay ; tell us how you came thither ? 

Jteccrder, (8ir Thomas J enner.) How came 
you to 6nd it out that there was a meeting at ^ 
such a place ? 

Smith. At first 1 found it by dogfging ol' 
pti-tiple as they went abng ; and afterwards, 
there were people aet commonly at a place 
called Cherry garden stairs to g-ive notice ; and 
iometimes 1 naked there, atid liometimes I went 
to Mr. i!(hed*^ house to cn4uirc. 

L. C, J. Shed, you say, was preseut there 
fheu ?^ 

Smith, Yes, he let me in. 

L. C. J, What, he was the man that ma- 
naged the conventicle. He was clerk, 1 sup- 
pose ; was he not ? 

Smith. I never he»rd him say Amen ; but I 
have beard him expound in the conventtde 
sometimes. 

L.C.J, Ob, he was a journeyman preacher^ 
it seenii;. 

Recorder. Pray was there any store of ' J 
Watermen and Seamen there ? 

Smithy Yes, abundance from Elotherhith, or 
tliereabouts. 

X. C. X Which way came all the people 
that were there ? 

Smith. From Depttbrd and Rotberhith, and 
all thereabouts. 

X. C X Was it near tlte water-side ? 

Smith, Yes, not far from it- 

X. C, X Well, Mr. Attorney, have you any 
mare questionii to ask her ? 

Alt. Gen. No, 1 think not« Mrs. Smith, 
vou have heard him, you say, at other days ; 
how did he use to treat the govenunent in hit 
pi eaciiiojr at other times ? 

Rqs. My lord, 1 boieech your lordships to 
tell me whether these questions are proper to 
be put, it not relating to the matter ttiat 1 am 
accuse'l of? 

X. C. X Yes, ye^^ to give an account of 
the disposition of your uiind ; very proper as 
can be. 

Rot, Because it is not part of tny charge^ 
and I cannot be prepared to anj;%ver it. 

X. C. X When the kiugr's counsel hargk 
done with her, you may ask her any questions ; 
but vou must let them go on first. 

Ait. Gen, My lord, it is charged that ha 
spoke these words with a tmiterous, malicious 
mind ; and what better evidence of such u 
mind than his usual discourses ? 

Smith. The 31st of August^ I heard him 
preach at Patil Shed's house ^ imd there he 
preached Uiat there was a certaiti great man^U^a^ 

M 



J 63] STATE TRIALS, 3ff Chables II..1684.— Trtff/ of TXomm Romoeil, [164 

testified ; but <lo not preacfa to her. It n dM 
your work to catechise the witnesses, that is 
tlie Uuty of the ^urt, and we shall, no doubt, 
take care to do our duty. And I will tell her, 
to save your preachment, she is in the presence 
of theg^reot God of heaicn and earth, before 
whom we must appear at the gfreat day of 
judgment, to give an account of every word 
we speak. And you are under an oath, and if 
ill case you tell one tittle of a lye in your testi-" 
mony afr«unst the prisoner at the bar, who 
stands now to be tried for his life, it will be jwt 
with the great Gud to sink 3'ou down into hdl- 
fire immediately. Tkieretbre, 1 require yon, 
upon your oath,' not to -speak one word bat 
what IS truth. 

Smiih. My lord, I assure you, I will rather 
say less, tlian add any one tittle. 

L. C. J. Mr. Rosewell, ask her what yon 
will, but do not give yourself, nor us, the 
trouble of a preachment to teach her the ohli* 
(pition of an oath ; for she very well knowi, 
It seems, what it is, and says she will rather 
s]>euk less than more than the truth. 

Rtt». I humbly thank your lordsh^ fn 
what you have said to her. Mrs. 8mith, vnf' 
was you at Kothprhitli the 14th day of nh^ 
4cinlier i* 

Smiih. YeK, that 1 was. 

Bo$, Did you come alone P or whom cadM 
with you ? 

Stmth. Mrs. Hilton came along with me, ^ 
I and another gentlewoman, and Mr. Shed let us' 
in all together. 

Riis. Who is th;it Mi-s. Hilton ? 



lived altlie upper- end of Grace-church -street, 
about tl;'-. timi^ eiu;litcen years agonc ; I name 
no body, s»vs fie, yomlf know him whom 1 
i.icaii : A.^ii there came a certain poor man to 
liiu> ; lie was nut a |>oor man neither, hut a 
carpfntt'.r Ly tmife, cue that wrought for his 
living, a biiouring man ; and told that great 
man, if he \toiild take his advice, he would tell 
him how to quench the fire, but he pishetl at 
it, uiid made light of it, and would not take 
his advice. Which if it had not been tor that 
grvat man, and the lonl mayors and sheriffs 
that have been since, neither tliat fire in I^on- 
don, nor the fire at Wapping, nor the fire at 
South wark, had gone so far or conic to what 
they did. 

L, C. J. There wvlh a great man tlmt* lived 
at the upper-end of Grace-church-strect ! 
Who did he mean by that? 

RtconUr, He meant, we suppose, sir Tho- 
mas blood worth, that was lord-mayor at the 
lire-time. 

L, C. J. He did not live there then. 
Recorder. It seeius he said so. 
Att, Gen. Pray Mrs. Smith, let me ask vou 
one question. How fur were you «jff from lum ; 
and where did you sit this 14th day of Sep- 
tember, when you heard him say tliuse words 
yeu speak of 1^ 

Smith, I sat upon the bed, and he was stand- 
ing at the door. 

Ati. Gai. My lord, we have done with this 
witness at the present. 

L. C.J, Now, Mr. Rosewell, if you will, 
you may ask her \s hat questions you piea.se. 

Ron. My Itinl, 1 was before going to l»eg 
your psirdon for uiy weakness, U*iiig altogether 
unacc|uaiiited vtitirtlicse tlnng:^: and that yon 
would look upon niu as one that is fRo/is von- 
siliiy and puiuon any thing that coincN from me 
iiiil)ertineiitlv. I cannot s]«eak to her as a 
lawyer to sift her, and search out the truth ; 
will your lordship givu me lca\e to i^pcak to 
her as a divine ? 

L, C. J. Ask her what questions you will, 
hut we will not have any T>f your preiflchnients 
here. You must consider wheiT you arc, }'on 
are not now iu your pulpit, but at the liar ; I 
assure you wc do not intend to make a ^n- 
venticle of the King*s-hi:nch court. 

iioi. My bird, I meant only to endeavour to 
convhice her, by putting some questions hkc a 
divine, to her. Fcir 1 pity them though they 
envy me ; and I bless my God, have prnyetl 
for them many times since my iniprisoniricnt. 
X. C. J. W^cll, well ; do nut btund to emu- 
mend yourself now, this is not your time of 
making your defence : Only, if 'you vull a^k 
this witness any questions, yuu may. 
Ros. You are uuder an oatli, mistress. 
Umith. 1 am so, 5Ir. Rose%i ell. 
Rits. Are you sensible what an oath is, and 
the great obligation you are under by it to tea* 
tify nothing Gut thetnith ? As yon will answer 
it 10 the great God^-— 

L, C.J. Ijookyou, Mr. Bosewell, ask her 
any questions to tne buuncn that she has here 



Att. Gen. Vou t^ill see her by and by, Mr. " 
liosewell. 
I Ros. Where did you meet together ? 
! Smith. Mrs. llilioii lay with me all niglit, 
j and we were together the day before. 

Rvs. What time did ^ (»u come thither, pn^t 
misti-ess i' 

S/HUfi. I eaine thither before seven oftbe. 
cloeU, befoii^ y«iu caiue. Sir. ' 

Rv:i. And rpray wIiom; house catno you to 
at KntherUiili !' 

Smit/i. We m-e inflirmctl it was captain. 
WVldy's heiiN,.. 
Ros. .Alt \*n\ Miiv it was his house ? 
Snith. \^ tiii-v did t<r11 u^, it was cap 
Daniel Uebiy>; 

lloi. I pniy, inistn'.*;s-, what room were ym 
j in there ;* 

Smith. We wcrt: iipone pair of stairs. TbcMj 

I i« a littlf HMMH v^e couw iit sooner; 

I utMf in iIk ioiim \%ith iliebed ; and thore 

'. one Mr. Atkiiisim thert> thai was in 

: iiig« aiul tb«Te were two or three hoys ot' Hii 

\ntli liim thai s:;t upon the bed, and their sbwl 

i W4'i'c pliieked off, that they miifht not dirt'lfci 

j bed ; and 1 gave him hisboy'.s shoes from unlll^ 

tlic bed. ^ •* 

Ro$. Prsiy where did 1 stand, mistress, il 

you say ? '! 

Smith. In the door-ea';e. ' '^ 

L. C. J. Wliat boy is that you mak of ?*^' 

Smith. Two liovs that came m with oitf 



ifiij STATE TaiALS, 36 Charles II. l6s^.—for High Treason, 

Sfr. AtkioiOD; bis relgtiops, I auppose the^' 



166 



Jbi. Pc^v how did Ihe serrice begin P 

Smith. Vou took your text out of the '^ 1st of 
C w Mii ; tbal was tlie eba|iter, to tlie Ix^t of 
■T nBemUrance. 

'Rm. Rut I ask you, 3]istr€S!i, how did the 
vSDihn^ the sen-ice bcg^n ? 

L C. J. You mean your prayer, you do not 
IK to call it service. 

&ulA. You^ade a prayer. 

Rti. Was it begun with a chapter, or a 
Mb, w how? 

Smith. There was no psalro ; a long* prayer 
m va4e, an voa u«ed to do formerly. 

Km. How loDH^ was that ? 

Smith. It was always ussed to be about three 
fuilss of an hour long. 

Mm. IV as there aiiy dia|»ter read ? 

Smith, There was no chapter before you 

CyMir teiu, as 1 heard, and I was tliere lie- 

Jm. Uuon what occasion then were these 
viirii apoLe, if there was no chapter resid P 

&BiX«. I say thci'C was none till you took 
Jimtatf andthen you spoke thuje words. 
Mm. But how frame thtisc wonls in ? 
Smitk. You always took a ivhole chapter, 
aa4eipound«^all along. 
Sol a I'Mi^ text for one sermon, miscri'ss. 
LC. J. Yes, yes, we know you have a fine 



I'cii, Mistress. V\Mn what verse of 
were these wonis spoke, about 
le king tu cure the king's evil f 
inii I cannot be punctual to the particular 



LC.J. Nay, I suppose you seldom keep 
•i fSBT tfxt. I am sure there was never a 
wsi ja anv chapter that warrauted the speak - 
kgviiDy sui.'h words as these. 

Smtih. My lord, 1 ranniit be punctual tu 
Aefarticolar verse. It was uithin tive or six 
^m of the lic^nning, J hilievc. 

Mm, Tlien upon \» hat occaj^iun came iu tlie 
w4i about the two \uckrd kiiiijrs ? 

Smiik. in preaching you bruught it in by 
fAv proofs. 

L. C. J. W by, man, there can be n<i occa- 
IM for s|icakii)g of tuo.se words, ^'ou simke 
4hi without any occasion at nil. N'o iKHly 
QileU what nccasMMi you had to speak them. 
Mm. But, my lord, I sunp(»sc thiTc may be 
■Bt oohert'uce in my discourse. I would 
Imv haw iliey wen* brought in ? 
L C J. W ho cau tell the occtiiiion :' Uo { 
; a»e whatreaMiu any man has to K|ieuk 
.' I tell vou there is none at all to be ' 
It. • 1 

<lneaf your proofs iu your preach- { 
'■Mconceniing Dalilah and hampKoii, and 
bmn htinthat proof couceruing the king*8 I 
f «f women, it was out of the J udges. And 
■Ahtdid not question, but that in the end 
lirai would serve the king, as that \»hore 
bM ltoi|iaoii. 

J. J. Was this at the same time, upon 
>.«KdajP 




JSmilh, Yes, it was upon the 14th of Sep- 
tember. 

Ros. [fit please ynu, my lord, these are 
not words that are chaigal iu the infor- 
mation 

L. C. J. You draw it upon yourself by your 
questions. 

Ros If Ihey were spoken, (upon that hy- 
pothesis, \ say, if they were spoken ; but" I 
deny the thesis, I abhor tlve thoiii>fhts ol'thcm) 
1 would kuow how Uiey were brought in, under 
what vtTse ? 

L. C. J. Ay, I take you right ^s to that, 
you do deny it ; and they are not in the in- 
dictment. 

Suiit/i. T cannot be punctual as to the verse. 

Rits. Vrtvw u)H)n what account did come in 
the two uicked k\t\g< i* 

Smith 1 cannot tell the verse, truly. 

Ros. flow came in that aliout Jeri)boam ? 

L. C. J. Uow can she tell how you bring in 
treason ? — /»(«. l\Iy lord 

L, C. J. Nay, ))ray, Sir, hear me a little. 
You shall ha\ e ull the libeiiy to defend your- 
self that the law can allow' of. We ore a<^ 
countable to the law upon our oaths to do jus- 
tice, and are as much accountable to Heaven 
lor our actions, us you or any prisoner that 
comes to this bar is to the law for your ac- 
tions. But do you ask what reason yon spoke 
treason for f 1 iell you no reason cau be given 
for it. 

Just. llol. Do you think any td'your audi- 
tors can give an accouutofthe connection of 
your whole sermon P 

L, C. J. VVhen you talk hestderi the cushion, 
do you tliiuk any man alive .is able to give an 
account how you come to ramble and talk 
tre:ist)n ? 

Ros. Can you tell, mistress, when that wa^ 
spukL:n, of stai.diug to their priucipU'S, and 
tijcT rums'- Ikuhs, \c. 

S./iith. That was at the latter eikd of your 

SiTiliOII. 

L. C. J. When you had sai.l thrre were two 
wicKed kiny;s, tlii'n presently you were for 
standing to your priiinpU'S, and overcoming 
your eneniicb. 

Ju*»i. Ho/. It seems she was very intent upon 
yoursiTUum. 

J.. ( '. ./. Fur my part, I wonder she can re- 
meinhur so nuirh us she does. It is much bhe 
can riMUiMuber suc*h stuff as this. 

I(tf.<. Thf (j'id of truth, luy lord, 1 hope 
will niHuifest tiiif truth. l*ray\ nii-tifss, were 
tliCM* words s|H)IvL'U one just allcr uitotlic-r iu 
toy disco ursi* '.' 

*.S/A*7A. No, they were ntit ; but thty were 
ull spukeu at ihat titiu.-. 

.fust. Jlol. Have you dun»* wiili her '' 

Uos. No, my lord, I hmnlily l»oc«rh your 
favour and patience a li;tK'. Pray, mistress 
iSmith, did you write ? 

Stnith. t'did not wiite till I came home, and 
after 1 came home I did write it down. Several 
that were there did uiiie down your K4!rmou. 

Ros. ISeveral of whom, do you mean :* 

limit h. Several of your congregation., Sir « 



I 



J 167J STATE TRIALS, SS^Chahlrs II, 

Bm. Did yooT compaoioos write f And 
ay where did you first wrile down these 

words ? 

Simih, After I came home I set them down, 
word for word to a tiale^ as they were spokeo, 
«i near as I could remember what you spoke. 

Roi. Was flDy body with you when you set 
tiiem down P 

Smith. Yes, my own family saw me write 
them down ; and the other witness was with 
tiie ; and afterwards we went to the Bull and 
Month, the Qnak«T's meeting* house. 

Rat. >Vhat other witoc«se!i were by when 
you tet them down ? 

SmUh. There %va8 my husband, my appren- 
tice , aud my child. 

Hon. And did you <»ct them down just ex- 
flptiy ax you have sworn them upon this in* 
Hcif neol ? 
Smtfh* Yes, to ihe best of my knowledge. 
lloi. Upon your oath, in the presentee of the 
'gicnt God, rUtl you set I hem ilow i\ as they wefc 
ip«*kon r — Smith. \vn, I tell you. 

L. C. J. Ay, I would a-^k you ihnt question; 
did you (1 speak to v"" fksm the nresctite of 
the gn'ut God» and upon your oath) set down 
hiH words [nsX a» lie spoke them in «tibstance ? 
Smiih. \cB,\ did to the same substance as 
near as I could I'emember. 

Hos. Pray what other words were spoken 
between th<*s€ words in the indictment, il they 
were not alt spoken u>|fetlier ? 

Smith. One thing 1 do remember more that 
you liaid thai: day. You said there was a word 
thc> cidlvd cunliji^; hut for your part you 
ditrnot understand what it meant, unle^ it 
were ll»i5 ; You paid* y*»u chanced to go by 
one of the jgrreat churches ; where peeping in, 
you liaw a tnan with a while surplice, and the 
or^ms H ere t(f>inf^, and they were canting, and 
sinjjTiu^the Litany, the Creed, and the Ten 
Couiiiiandmeuts with a Ha*ha-ha-ha*ha. For 
your part, you were ashamed to hear it : and 
this you said wasuil the canting you knew. 
Att. Grn, You will draw tltis upon yonrwlf. 
Rm. I am sorry to hear this indeeil, tin' 
lonf. 

L. C. X 80 am I too, with all ray heart, I 
will itssure you» 

Rvs. You say you set down tha words the 
same day, when you cumc home ? 

Smiih, Yes, I resolved so to do, when I ca*me 
Bwny from the meeting, to write them dou u as 
soon as I i-umc home, 

iliw. Did yoti confer wttlt any body abovU 
these words 'f 

Smith. Not till I cam« to a justice of peacci 
and discovered it, 

Uni. What iusti»:« of peace v>-as that whom 
you discorercd it to f 

Smith. The llecorder of London, 
Rctit. Aud yt»u iwear these were the words 
that 1 ^jK>ke ? 

Smith. Yes, as near as I can remember. 
L, C. X if she s^*eur the sul>stantial part of 
them^ it is enough, though the very exnrl words 
she doth not swear: for the wonts are laid in 



1 684.— Trial 0/ Thmai RbumUt [ 16S 

tilts indictment in Lstio, and by wmy af m* 
sertion* 

Rot, Your lordship win pardoit ray wmk* 
ness, I am ignorant of the law. 

L, 0. J. And we will take care jim shall 
hare uothing^ done to your preytidioe cliat it 
against law. 

Ros. i humbly thank your lordsbrp. IMIff 
tress Smith, upon your oRih, you lay Mr* HbiH 
was at that conventicle ? V 

Smith. Yes, he let me in at the door, aikil 
was angry with me thrit i would ootue so near 
the place with my pattens ; he nanl H fll%k 
give occasion of suspicion. 

Rm, You were saying you heard him et • 
pound. Where waa that pray T 

Smith. Yes, that I did, at Mr. CrooksbaiikB*! 
house ; and I heard him another time 

Ro,%, What was the day in Aiagt»st that yoa 
say you came first to hear roe ? 

'Smitfu I do not say it was in August, but in 
July, that I came first lo hoar yo^, the 9Qlb 
of July. 

Rm, You say I preached In tlie pobli^ 
mectin^'placc ; what day was that, pray f 

Smith. The loth of Aujjugt, to the Ml if 
my remembrance ; it was tttc foutb Bumlaji 
as r rememlier, that I heard you there. 

Rm. Have you not sworn agaitwi 
tides in other places ? — Smtth. Ye§, 

Rm. What con vcnlides ? 

Smith. If my lords please to ask me* 
gire an account. 

Ro*. Have you, or haf e you not ? 

Smith. Yen, several ; thooffh 1 nercrlMii^ 
any thing spoketi in any of 3iem agaitisl lihe 
king^, but at your^s. 

Ros. Did you swear a cmitenttcle agaiut 
one Mr. Hales f 

Smith, t swore it by confession. 

Em. Were you at that conventicle ? 

Smith, No, I was not, but I swora it by 
confession. 

Rot. What day was that conventicle ? 

Smith. As they told us, it was the 13th of 
Jnly. 

Rot. Was there any thing done upon thai 
conviction ? 

Srmth. Y^c*, he paid his money that was sd 
utxni him, and never made any appeal ; hii 
wife confessed it. 

Ret, What other convctiticlos hare y^n 
been at ? 

Smith. Conci»ming j ou, do you mean ? 

Rot, No, any other conveutieles of the 
natics that you have sworn agauist ♦* 

Smith. I do not Inow whether thai Hc^ 
proper question. 

Jim. What fcay you, mistress Smith ? 

L C. /. No, no ; that you miistiial wsk 1 
that in to accuse hersdf. 

Ju^<t. Hiti. You must not a&k Hor any Chin|^ 
but that you stand here charq^ed with. 

L. C. J. You must not ask her any Ihingf 
that may make lier obnoxious to any penalty. 

Ju!>t. Wttlcot. Do you ask her any 
f)aestions P 



STATE TRIALS, 96 Chaslks tl. l684.— /w High Trtaum. 



[170 



Xm* I wilS ifrKeotly^ my lord, I beg your 
pyicAoc. 

LiX J» Aft ay» tikeyoar own time. 

&«. Plray, MisCrets Smith, were you a 
liBMi agftiBfl ft conventicle at one Mistress 

SmUL Ye8« tliat 1 bad by confessioo of her 



Sm, Wis tkere nol cocae moDey ofTercJ 

L C /* Thai is not to be asked, you mast 
nmrnk h& ttty question that may make her 
t ^emt berneif crim i naj I y . 
f SmkA , Nefer by roe, 'Mr. Rose well. 
■^^Hl be^your loni»hip^6 nardoa^'- 
^^^K /. 1 will tell you the reason for it, 
^^Hm thai wbich ought to be satisfactory lo 
^Hirafly body. They are not bound to'an- 
^Mrtaiy mit«iioQS that you ask the witnessefi, 
niercby toey ebargt; tiiemsekea with any 
cnnic, or by aasweriuf^ may subject themselves 
l««iy penalty. Whether It be so, or do, you 
mi not aak tbem, but jprore it. 
SaiiA, I never diil otter anVf my lard. 
Boi. I thought 1 might 'offer any thing 
ifiiiiat what she had iwom. 

L C. J. Prore ivhat you can in your time ; 
i«t dy nut ask her any such questions. The 
kw isiO| and the same for vou as it is for e?erv 

All. Sf istress Smith, you swear these words 
werespoluii in the foreiKKiu upon that place, 
tbe list of Geofsii^, une afipr another ? 

Smttk, Yes ; those woHs, as acar as I can 
i^etk them, were spoken (hen. 

L> (X /. Are those the words you heard at 

Tfi liuhsrance lljey arc, my lord ; as 
I >ver. 

more questions to ask her at 
I my iortt. 
f/l, Grn, Pray, Mistress Smith, s'mce lie 
started such a quest! t>n ; have you been 
wUh^ and b<^n oflfci^ed any money ; 
what, and for w hat ? 
iiih. There camt* tme Cartwright, and one 
tomt ' \ cannot ijive an ac- 

cxact) y it was ; and first they 

tome iii«>iu ni^irfss Batho's husineas, 
•aJ after wurds thev fell into dijicoarse about 

IR/>*tvvrlf, and they told me» Th*iy won- 
d I would buve my hand in any man^H 
1 Said I to thcm.Nnpp^se you had heard 
1 1 did, wlittt wodKI you have done ^ Says 
Norton, you bad hciivt take *fO giiiueis, 
not apii«ar «^n!»t htm; ^id he ; not that 
body uiat I knof^v t4 that he is concerned 
, «'ill C»*'e yon tliat sum of money, but 
jm bad Mter take it, Hay^ f, uhatis the 
'1 shall hriy m« off from 
ih I would f*\ien\c, und 
*' 1 tvidcnrc of 

1 >Ir. t'nrt. 
i li >iiu u,u\ fiot difico- 

► woidd. Said J, yes, 

. Hms^ any body eUe tampered , 



with you ? Have you had any letter aent fxt 
you? 

Smith. Nothtag till yesterday morning r a 
letter came then> 

Alt, Gen, What was that ? 

Smith, 1 suppose my lord saw it. 

Att^ Gen. Ay, but you must tell tlie jury 
what it was. 

Smitk. Ooe came to my brother^*, and 
brou^^ht a letter thither, which I read orcr ; 
and he said to my brother, if I could be any 
vvi&ys assistant to Mr. Rose well in not coming 
in against him, I might have 200/. paid down 
to moiTOw ; not that Mr. Roscwell kncvr of it, 
or would gire it me, but it was a iiagt?r that 
wafi laid. Same laid be would be hanged, and 
some laid he would not ; and so he said he^ 
would come and give me an account who it 
was that spcke to him. 

Att, Gtn. My lord, we hare done with her 
now. Call ^Irs." Uilton. 

RosewtlL Will your lordship please to in* 
dulge me so far, tbat i may ask her another 
question or two P 

L. C. /. What is it you would hate. Sir ? * 

Rosewetl. I desire her before she goc» out 
to recollect one thing* 

L, C. J. Nay, nay, she shall not go an^y : 
If you have a mind to ask ht?r any thing be 
fore she goes away, do io ; or &be shall como^ 
again, if you have any questions to put io her. 

Att. Gen, My lonf, she is big wtib chdd, 
and cannot well crowd in and out, 

L. C.J. Jf she be with child, then let her 
sit upo the stool there, 

HoifwelL With your lordship's indulgtoce, 
I would ask Mrs. Smith this queition ; the 
Cfentlcwoman that was with you, Mrs. Hilton 
I think you called her, did she agree with you 
as to the same wonis, and as to time and place ? 

Smith. If you please to examine her, I sop- 
pose she will giTc you an account* 

R4Xsf.weiL Then I would ask her this qucs-^ 
tion, with your leave, my lord ; whether waa 
that other gentlewoman with you b the same 
room ? 

Smith. Yes, she was, ond snt upon tlie htd 
with me, and I pulled her by the sleeve whrii 
the words wen- spoken, to tate not ice of them. - 

Att. Gen. C^ome-, Mri. Hilton, give my lord 
and thejivy nn account; have you been at 
this conventicle at any time, and what have 
yoti hef^ril there ? 

Hilton. I canie to Mre. Smith *f on Saturday 
night, and on Sunday morning I went wifn 
her to this place ; 1 was never there before io 
my life, they said it was one Daniel's house, 
one captain Daniel *s : it was near M eat -lane 
io Rotnerhitlt. And when we caine ther**, 
there was one that Mrs. Smith knew, that »tood 
at the door, they call him Paul Shed, a little 
man : and when wo came to the doot , he said 
to iu5, Pull off your pntten», says he, for they:- 
wi!| give too much occasfioo of distrust of 
people's coming : So ^ve pulled off our pattens, 
and said we would take care the neyt time* 
Wh«a we came in, we went through a kind of 



» 



I 
I 



STAT£ TftlAL$, sti ChaullsU. 

p. hiil^ and when iv€ G4me Uiere iiiioilie bail* 
tlicrt! were a UllJ^ parlour i^fQiust it : we we«it 
up the MUirs, ami wbtiii we cautc up sitairs, 
ibere were l»'o more n¥»m?« ; ibai room we 
came into was hiitit' vv It h satl*<'^>touretl pa|)er, 
atul liooti llie IH^ uajid thet'-* atooil a liwi^t* 
wood KiQii of che^L u 1 u and a little 

^!aj» over iliai, M r H i nc, and stood 

^ the «utraii€e oi Oie cloui , ?*o tUen^ was 
a little ohild iii bed when we came up, aiid we 
aat down *m rhe oiher side of the bed ; and the 
vbild uiih iJiki.fl out of the l>ed m*esi*nily after- 
frardi>» Mr. Ilosewf.U preacht^d ^poiithe^th 
or 2i5t chapter of Genesis, I amnol he po- 
^iijve which oj' them, but of one of theui it 
was 

HoumclL Bat u[>oo ytixa o«th cannot you 
tell which it was ? 

L. C. J. You tnu^t uoi interrupt her, Sir j 
you shall hare your time to aak her wltat you 
mil. 

. HiUmx. ItwaslheSOUi or ilst of Gcn^i^i. 
I witJ not be positive uhjch of them it wui. 
tout the thin|r was as to Abraham and S^irah ; 
that was tiie contents of the ch^^iter iliat Mr, 
Rosewell was then pleased to preach tjpon. 
AOerhe had tftok hts text, and pretichetl a lit* 
tie while, he liaid, ' The petvple wriil flacking- 

* to the king to cui-e tJjt? kinpf'h e*il, which he 

* could not do « fortliev ou^bt to flock to them, 

* that were priesta anif prophets, who by thdr 

* pravers could cure Uietr gric vjinces.* Theti 
h« ' a great while of the chapter Ibl- 
lo :i J and then says lie, ♦ We have 

* hatl two nicked king^ thnt hare suffered po- 

* pery to come in noilei^ their noses, which 1 

* «ui compare to uoihiuj^ but the most wicked 

* Jerftboam.* Th#*Te was Rn*>ther king named, 
^d I thiiik it waa TteholKiam. [ cannot be 
positive as to that^ but Jeroboam I ain sure 
wan named. Then he said, » If the people 
' would stand to their ]»rincip}e«f he did not 
' question but to oAercomc alt their enemies 

* with broken platters, i"aros>h<nns, and a stone 

* ui a sling.* Thcic \>tre Uic words Mr, Rose* 
well was pleased to say. 

L,C*J. Can yc»urcii;^etnl)€r what day of 
the month this wan ? 

Hifton. U was the 14th of September, my 
lord. 

L. C. X Do you remember what number of 
people were tlicrc ? 

Hi It on 1 btdieve tliere were 4 or 500 peo- 
^|K > tl ret ful)« and two ruoriis 

^M<}^' and the halt full ; and 

pne Paul .-ML'«j ^a^ i»irs. Smith told me his 
name tva«) let us in. I did not know any oi' 
th^BO J nor ever had convicteil any of them ; 
that was the first time [ ever was at a mc^etin^ 
ta my Ufe, and f had enough of it then. 

L. C. /. You say you came on Saturday 

ht to Mra, Smithes 'hotisa ? 
iUan. Yes^ my lord. 

In C. J, What tmie that night ; 

tiiUttJim > t ornint^o^clock, 

^ L. C. J* \ in ibc morniDg did you 

fo along with her io ilua plaot f 





SUUon. We urettiby 7 o^ctock in tbc mofn* 

L. a i. Did :ilr. lan^c^veU come bdmt 
you. or allcr you ? 

miion. No, be came presetitly afWr vreirerv 
there. 

L.C.J. Do you remember any ocber wonb 
he uttered there that djiv ? 

lltiton. He ^^ " 4»f sercnl 

things betwerii . atnouf 

the rest, 1 heard niin fiei 

said there was a worl , bii|[ 

he did not undersian«l >^ r.nt, 

except it wert' the fellows i 

a liaha-hn-ha-ha: tor my part, says , 
was ashamed to hear it- 

L. C, J. Do you reaiembcr any otiier pail a 
the discourse P 

Hilton. lie had a great n 
iho^e tiling, that 1 cannot no^v 
affi i>;:litcd ine Io hear it out of - 

L. C X ^^ heie did vou tfo ii 

JiUhm. Wewentli - - ^' 
\ias two o*cluck, an 
bread all the while j o.i.. o^ ., .., 
hoiue^ Mrs. Smith took her pan and ink pre J 
sently, and writ down those \%orde* ; 1 -^^^f Uhl} 
band'nnd I and ^he were together : 
we had tlone this, we went to the ^ 
meetiiig-. 

L. C X What Quaker^s meeting is i\tit * 

Hilhm. It is that by Chea^rside • ' tl 

well remember the; naate, 1 think it - l| 

the Bull and Moulh. 

JuKt, IMioutty. What time of the day wiEsit 
that the meeting was doae at Mr. Rosewtll'tr 

Hilton, He came f*ora Mr. lio«efrdr« a 
little aOer two o'clock, 

X. C. X From »ev*.n l^> two did he bold; 
that h pretty lont^* winded. 

Hilton, No^ he went in to dinner, and left us 
there, and abundance in the conpreirunon ♦ jt 
«w eel- meats, or biskets, or such tuii! 
had. Uut 1 am sure we had oothint: i 

was never among you before, nor erar eonvicted 
any of you. 

Urn. 1 liunibly beseech your lordship to m«ke 
her sensible of tltc obligation aIic is uudcr Uy 
her oath. 

X/C. X Ay, Ay : 1 will. Look vou miatfVMg 
you must take notice, here is the life of a man 
in question, whidi is a thing of (^req^t consi- 
deration. And for you to have any con<H*ru in 
taking away the hie of a man^ if it be upon 
tiilse afroundfi, is a very dismal thing ; l»esides, 
that there is a thing which is yet of {^jrvatcr 
wtijrhtand moment to you vouJ'i^lf* it coy 
your owtiimmortal soul. You must 
what g'uilt you contract upon yourself |_ 
tdl a lye ; *^bul tliere is a much greater ] 
contracted, if you offer to swear a lye in a i 
of justice, upon a cause of this couc 
Consider, I tell you, you are io the pr* 
Almighty God, ibal aeeth into the hearts \ 




173] 



STATUE TRIAIA 36 Chahles 

; that is the aven^^r of all lying and 
tha.t itiiy justly sink voii into HeU, if 
_. ofer to swear a falshood. Therefore, 1 
<iar^ yoo, in th^f name and presence of that 
pfoX God, the judge of heaven and earth, to an- 
nptr Be truly to this qiiestion : are the^e tliin^< 
llmi jou hare sAvorn here true ? 

HiifM. My lord, they are every word true. 
Then is a gentlewoman here, one Mrs. Col- 
lag w wid , that shall wKness I set them down 
ttaday ; and went away to the recorder, and 
|iic hifii an account of ttiem. 
Mi, Gen. Well, if you have done, go over. 
L.C. J. No, hold.'Sir, will the prisoner ask 
hv loy questions ? 
Mm, Yes, my loni, with your leave. 
L C. J. Ay, in God*s name, what you will, 
ifat ■ fitting to ask. 
Bdi. Mistress, what isvour name? 
Bihcn. My name is Hilton. 
Jtoi. Was your name ever Shafloe ? 
"EUian. Yes, but mv name now is Hilton. 
Bn. Or otherwise Smith, I suppose : for I 
taw heard so. 
mM. No, Sir. 

Im. Then, Mrs, Hilton, upon the oath you 
kMetdtto (for I hope you have observed what 
i^ltv^ has said to you'about the sin and dan- 
frtffte swearing)^— 

Mr. Rosewell, God forbid I should 
e to tell such a lie as this, if it were 
A to my knowledge ; I would rather 
^ak loi than more. 

Jfoeyou at Rotherhith that 14th day 



Vei, I was. I waswith Mrs. Smith 
« iMrftmse over night, and went with her to 
AAsitt at seven o'clock next morning. 
Mm. Whoae house were you at there P 
EiltM. I cannot say at whose house it was 
tf aj awn knuwledifis for I was* never there 
Mr in all my life ; but they said it was one 
OanielVk house. 



Mm] 



What street was il in ? 
^ioa. I do not kntiw what stret't it was in, 
itfiiueai West-lane. 

What kind of baildin^vs were there in 



Ktttm. Over-airainHt it, a little way from 
time, i^ a hrid«j:c, tliat we went over ; 1 
iere it ina\ be soine ten or twelve doors from 
tikMse. ' 

In the street, you say over-against the 




BZtov. A little way frf»m it. Mr. Wosewell, 

9JN do remember (1 can remember these 

very well) thercwere shutters in the win- 

' the sun catne in, and you were afraid 

tks that went by should hear you. 

a was not lig^ht enough, and*vou 

i that one pari of the shutters mfg^ht 

M ; which wds doni^ : and then vou 

dial half might be shut again, for Foar 

lleslwuld over-bear ytm. 

Wfatf kind of ehtnuioe is tliere into the 

h. IWa is an entry^ and from the entr\' 



1 



11. I684.— /(w Uigh Treason. f 174 

we went into a little hall, the rooms were but 
of a low height. 

Ros. \\'as it in an upper room, or a lower 
room that I preached ? 

Hilton. It was in an up|ier room, you were 
n|) two pair of stairs, the chamber was hung 
with sad-coloured ])aper, and a sad coloureu 
bed was in the room ; upon the left-hand, as 
3*ou stood, there was a chest of sweet wood 
stood, and a little cabinet u|)on it, and a glass 
over that : and upon the right-hand, on theside 
of the chimney, was a closet ; I took very good 
notice of all tliesc thin^. 

Ros. Two pair of stairs, upon your oath, you 
say it was ? 

Hiltoiu Yes, it was two pair of stairs upon 
my oath, Sir. 

Ros. How many steps, Mrs. Hilton, were 
there? 

Hilton. They were low stairs, eight or nine 
to a pair, I think ; I did not number them, Mr. 
Rose well. 

Rtrs. The other says, there was a little room 
up six steps and that I was but one pair of 
stairs high. 

Hilton. And there was a garret, my lord ; 
which I am sure there was above 400 people 
there at that meeting. 

Ros. Did you sec that uumlier of people 
there?— H//^m. Yes, 1 did. 

Ros. If you were within in the room, how 
could you see them uU there that were below, 
and in the garret, as you say ? 

Hilton. When you went down to refrcjsh 
yourself, to dinner, as I suppose ; sdd 1 to Mrs. 
Smith, for theL#ord*s sake, let me go out, for I 
am aifrightod out of my wits to hear such stulT 
us this. 

L.C.J. Frightful stnft' indeed. 

Hilton. Says »i>(% you caunntcfo out (ill they 
all go ; tlure is noCoily to let yon out ; but 
I would fain havch-i^i j^'.»t ontlhcisc**. 

Ros. What time did }ou come thither, sav 
> ou ? 

Hilton. "We eamc by seven (rdot'k in the 
morning. 

/^^^ How did the cXtn isc lci;iu ? 

Hilton. Between scvni niifl cntrhi. 

Rt». 1 du nut ask you what tiint;. but how il 
began ? 

J Jilt on. Vou made il kind ot'a prayer, I do 
not understand your way, for I ne\ er was used 
to vc»in' meetings, 1 ucvcr was at any before in 
my life. \ on took your text (I cannot be po- 
sitivi' which, but it was) either out of the *iOi\i 
or 'Jlsf ehaptor of Genesis. 

Ros. IJut can yon remember these wonls, and 
not the chapter !' 

Hilton. 1 can loll you niori; tliai \*in jsaid, if 
you please. 

Ror.. Mrs. Hilton 

^ L. C.J. Ui her go oil : \oui.sLheraques- 
tfrfn, and will not stay for ua answer, but gu 
Id another thing. S\iv i ; teliiug yt»u what wan 
done. 

Hilton. This I am po-ilive in, it was tiic '2Uth 
or f>lU chapter of licnif^iis : tiie' story wi** 




STATE TRIALS, 36 Charles H. i5S4.^Trt«/ of Tk^mai RoMewtU, 



^ 
P 



I 



nbcmt Alimham midSarmb, how he bid her call 
hersejf hm sister. 

Rif». Tbal i« rhe ^OiJi chaplcr, 

L. C J. Na V) I su}»|iose you om remember 
the text bttter thao thu womun. 

Htiimu 1 believe it uas ibe 20tU, that jou 
(Ud most ex|Kimi4l upoa tlibt day ; for you said 
at loiit Abinietech tuade Abraliaoi a jtresent, 
\rhkb you did tUiuk might be about ^ giu- 
rteat. 

ll^i. I see you aie thurougli^iiiiced. 

L. C*. X I^letUinks sht^ brouglit away much 
©f your precious stuff for one lime, upon my 
word, * 

Hoi* Hou' long* did you stay tlicre, 9irs. 
Uiltou ? 

Hiiton* I &taid ibere from tlie time you 
came til to the end of all i about ek^ co or 
twehe o'clock you weot down to dinuer j They 
that uere tberJ staid till you c^ime up aguio, 
irhieh v/ks in the attertioori^ ftnd Iheu you 
began upon a text which you took in the 
P^ms, i think ; I c2imot positively say where \ 
but a new text you did take, that you did, 

itof . Iti the Rsalms did you Kay ? 

Hilton. And if it nlease you, Sir, I never 
saw you but thco^ and noWf in my lite. 

Ito^. What habit wo^ I in ? 

Hilton, You had a carablet cloak on that 
had an eye of blue in ii^ and a mourning hat^ 
band about your hat ; and upon the beikido by 
me sat Air. Atkinson in a mourning cloak, and 
his two beys. 

Mm. There was some stop or pause you say ; 
yott call it a dinner? 

Hilton. You went to dinner, I suppose ; 
I know not wl>ere jwu wer^. 

Ras, Pray bow did the exercise begin in the 
afternoon ? 

Hilton. \ cannot Tery well tell. 

Ros. Was you there to the end of it f 

Htiton. To the very end of all 

Rot, What P»dm wis read, or w bat chapter 
that I preached upon ? 

Hilton, Sir, f cannot remember what your 
Psalm is. These are the words that you said^ 
and that vou preached. Sir, I cannot remember 
how all tnese ciroe in, nor alt the stuff that was 
iaid. 

L> C. X She says she cannot rememher all 
your stuff, 

Hilton. I was nerer used to a c^ntenticle in 
my life ; and 1 would 1 had not been there 
then. 

Roi. What was the text I preached upon ? 

Hilton, In the mitrnintf it was, 1 tell you, 
the ^Oth or 5 1st cbaptcr ot Genesis. Bnt the 
head* of your s4^iinon, and after you had 
talked ahout tbe kni'^, and all those things, 
ffis about Abrabani aih\ Sarah 

Rifi. But what waa til e text in the afieniooo ? 

Hilton. 1 cannot ttll that truly, 

Rq$. Then upon what occcsio'n were thoee 
words in the mornmg about flocking to tlie 
kJQ^tociirc the evil r 

Hilton. Sir, you said 

X. C* /. How can any body tdl what oc- 



fl [1T«1 

at I knoW^ 



casion you could have. You bad no 
from that text, nor any other text that ] 
of, toialk of tbe kuig'or the k»«g*s etil- 

Rot. But 1 speak of the coherence of the 
discourse, mv lord. 

X, C- J. \ ou oreach without any eoWciiei, 
or you never hau been brought here. Wlioi 
you give youraiclf the liberty to talk of then 
lhtnpf»« yon ramble from your tejit. 

Rot, 1 nieuii by it, my loni, m hat |*ari of tht 
diapter it was that did lead to it ? 

L C, J. No man living can tell ; «t waa ttut 
devil led you to talk treason ; Tbe ii ' 
tells you so, that you had not the fr ^ 
bcfVjre your eyes, hut were moved ami icuuctui 
by tbe nistigation of tbe devil to do kL Wlk^ 
leads people to do all »orts of wickedofSBi 
ibetlevil ? You can give no reason for ityour«j 
seir, nor no one eke. 

Rot. Were these worda delivered b 
fonmoon discourse f 

Hilton, T do not know what yott call fcie^l 
noon, or afternoon; 1 am sure we 
dinner^ 

Rm, But was it all before, or after I 
oif, and went down ? 

Hilton. Before, Sir. 

X. C. X She says it was before you weot i 
dinner i but for her part she bad no dinner ai 
all, she says. If you have done with IiqTv tbco 
goon, 31 r. Attorney. 

Att.Gm. Where is Mrs. Joan FarrvF 

Farrar, Here 1 am, Sir. 

At I. Gen. Pray, will you tell my kirf aorf 
the jury, were you present at this house wHeo 
Mr. Roseweitjjrcaencd there ? 

Fur. Yes, Sir, 1 was. 

Att, Gen* What did you bear him say t 

Fur, Do you ask me of the 14th m' Sep - 
letnber, first » Sir T^^Att. Gen, Yes, 

L, C. /. Why, were you there at any tAh«% 
time ? — Far, Yes, several time*. 

A(t. Gat. Well, take your own way of de-^ 
liTenng your evidence, and give an account < ' 
wbat you know ot the prisoner, 

L. C. J But, hark you, be sure yott tdl i 
thing but what is truth. You muat 
here is the life of a man at the stake, and ; 
own immortal soul is at stake too, Y^ou are i 
tlie presence of the great God of heaven i 
eartn, that seeth into all your actions i-m^ 
thoughts, and searcheth the hearts of all maa* 
kind, and therefore have a care of contracting 
any guilt upon yourself by lelhng any lye j 
be sure to say notning but w'hat is truth. 

Far* Sir, I was not in tbe room with him ; 
I was in a parlour or hall, what do you call it« 
a low room ; and be was up stairs above it. 

Alt. Gen, But were you in the congrega- 
tion? Were there any otlveroflhe hcarera in 
that room among whom you were ? 

Far, Yes, Sir j there were a great oiany of 
them there. Sir. 

Att, Gen, Well, whatdid you hear htm aay f 

Fur, Sir, oonoeming the evil was the first 
thing 1 heard htm aay ; and he matle it a q%.i 
that it was not tbe king that cared it, but ill 
4 



STATE TRIALS, 36 Charles II. l684.— /or High Treaion. 



[ITBT 



ihoald flock to. It is we they should 
%y% he ; for we are they which are 
Ks mnd the propbt-tK, that by our 
» core the ipie% ances of the ])eople. 
'n. What did you hear him Kay more 



be next that I observed was, he suid, 
IT two wicked kin^s together ; but I ' 
tell who he cumpai'cd them two i 
ip to ; but he bid the ])eoplc stand • 
mndples, and in time they sliuuld 
tlidr enemies. 
T. Pray, have you heard him at any 

es, 1 have heard him at other times. 
r. Did you take notice of any thing 
ainaC thegfo?ernment ? 
beseech your lordship, may these 
estwns be asked ? 

Yet, I hare told you already ; to 
* practice. It is uot at all a leading 

What did you hear him say at any 

about the goveniment ? 
I a mill, it was bv Hothorhith-wall, 
liBn'a, tie pray eif that he might not 
lisrd ia not ]>raying fur the king ; but 
night please to open his eyes, or turn 

Can you remember when that was ? 

; was the 17th day of July, no, 

I, to my best remembrance; and 

tnh chapter of Genesis. 

. That he preached upon there, did 

.Yea, Sir. 

'mJHd vou hear him say any thing at 

•toe?— fVir. Ves,8ir. 

Wm What do you remember about 

nriet? 

Tell us what you heard him say else? 
t West-lane end, at one Paul Shcd*s, 
a preach concerning the fire of Lon- 
tifhleeu years ago. That there was 
pmX rich*man, that lived in Grace- 
net ; he said, lie needed not name 
Moaed they all knew who he was ; 
la there went a poor man to him, not 
la aeitber, but a carpenter, an huiise- 
kbonring man, ami told him how to 
la fire; and then he preached, that if 
tbcin for that great man, that tire had 
I Mr the fires iu South wark or Wap- 
il had not been for the lord mayors 



Im Have yon any more to nsk her ? 
kr. What h«i%e' you heard him say 

hb No, my lord, we have dune, 1 

i Aaswcr my brother Jenuer*s qucs- 

i[r.- Whataliout people in scarlet ? 
MB aAsr he hail preached concerning 
■'■^idit was a fine sight to see fools 

M ; and be heard the Itecorder 

lia judge. 

» ham atrange stories it seems. 

■■hi of this, brother Jexmcr ? 



Ros. God forbid, my lord, this should be 
true. I 

jL. C. J. You see she swears it. 

Just. Mithint. Mr. lioseiVell, will you ask 
her any questions ? 

Hos. Mistress, you say you were at the 
meetings on the 14tli of !*$eptembcr ; pray iu 
whose bouse was it? 

Far. It was at a house at the end of West- 
lane ; there are a row of houses that lace to 
the fields. — Rm, Hut whose house was it ? 

Far. They said it was (me DaniePs house. 

Rat. In what room of the house were you^ 

Far. In the lower room. 

Ros. Did you see me there ? 

Fur. Sir, you were gone up stairs before 1 
came in. 

Ros. You did not see me there upon your 
oath ? 

Far. No, my lord, I did not see him. 

L. C. J. She said at first, you were gone up 
before she came, and she was iu a lower room. 

Far. But I knew his voice. 

L. C. J. Did you know his voice ? 

Far. Yes, Sir ; I had heard liim several 
times. 

Ros. Did uot you tell somebmly that you 
heard none of these words ? 

L. C. J. Were you asleep all the while? 

Far. No, Sir, { was not asleep, I did not 
sleep while I was in the room. 1 never slept 
in your presence in my life. 

Hos. Were you tlicre at the beginning? 
What time came you in ? 

Far. Sir, I believe you had read half your 
prayer ; I was atthe beginning of the sermon. 

Hos, Who came along with you ? 

Far. I came alone ; my child was uot well, 
and so I canu; lute. 

Ros. What was the chapter I was upon ? 

Far. It was upon the i3 1st of Genesis, Sir. 

Ros. Upon what verse of the iiUi of Genesis 
was it, that you heard these words? 

Far. I cannot tell what verse it was. 

Ros. I ask, my lord, because 1 went dis- 
tinctly upon verses. 

L. C. J. Prithee, man, 1 care uot how thou 
wentest on. 

Ros. Cannot you tell how they came in ? 

Far. No, Sir. 

L. C. J. Nor any one else, 1 dare say, how 
such wonls can come in ? 

Hox. Were the words spoken together iu 
that exenisi" that you have sworn ? 

Far. Vos, in that exerciM*. 

Ros. How long did you stay there ? 

Far. Till you had doue, 1 believe it waf 
two o'clock. 

Hos. Was it in the ioreno(»n ? 

Fur. \\ e had no dinner ut all ; I cannot tell 
what you call forenoon, or attcrnoon. 

Hos. U as it all spoken uj)ou that chapter, 
upon your oath ? 

Far. Truly, Sir, 1 think it was upon your 
tirst text. 

L. C. J. If you have done with her, let her 
go over. 

N 




STATE TRIALS, 36 Charles II. i684.--7Wii/ oJ7%mm Ramwdl, [ IW 



! 

I 

■ 

I 



Ait* Gen, We iKall call one or two inotre of 

his uu<Uu>ni at nthcr times^ that will g^ive some 
ftecouiii of \m way. \\ here ts your man, Mr, 
Atterliun' ? VVhiiC is his liuroe ? 

AtUriur^. P«tcr» But hereii one of tbc 

Ait* Gen. Swemr him then. What if bis 

nami' ? [He una sworn.] 

At t a bury, FUihtTt Cout, he (^ys. 

Httovdtr, \Vt;w you an officer m this place P 

QkiA:. YeSf in St. Mary ^luuithu^s 1 was ; 
8t- Mary Mfi^ihilpti, UenuoiuUt^y ^mrish. 

liccordcr. VVeic v«w at tlu 40!' 

any procesjs ai^ainsl IlosewelVs « 

OjoA% It' it uitrajse you^ my loni, i luii .* uar- 
^nt vVoin !»ir Thomas Jeniterf to nerve ut one 
t^c4tly*s house, a luieklnyer m Hotiierhith ; 
auii tk Urn I came to tin? itoiis*; to sene it, tUei'e 
Wafc fihut|«iiino€ ot' peojile, ajitl a gTeal riot was 
tnndp, but uo bloi«s 1 cimiess ; hut a greitt 
tiiinwltoi'jw«jj)le. that had not J ami the b«^dle, 
oneSttuiuel Bennt^t by tiiime, caused the peupW 
to stiiml clear, I i]u not kuo«v but there might 
hiive been mischief ilone* Of which i*c upon 
that ffave un account to sir Thomas Jenoer, 
«i»l he hnih bouod some of the |ieopU; over H> 
thcsesiiqrms. 

L. C. J. VVhat do yon mean by this» geii- 
tlemen T 

^^f* Gen. My lord, we have done ; this is 
aijly ahruit Koiue disturbaoces tliat the king's 
otiiceni meet with, in executing proceiis atptiufl 
these convtoitictes. 

L. C, J, But what is thiii to tht prisoner ? 

A(i. Gnt. Here is ^>me woulif have him 
enlled ; but { eotifess t»€ cannot make any iis^ 
of Itis evidence against ihtp pii^ner, oidy as 
to what is bmitd in the imlictineut^ that he did 
it to disturb ihe peaco -^ - ^ 

L. C* J- Pish, that is uuthing, the officer did 
hbdaty; but wliat is thai to this biisineiis ? 
Have yoti done, j^^entlemen, for the kifiy; ? 

At I. Gcti, Yi'«, my k>rd, we have done. 

JL, C. J. Then* Mr. Hosew ell, now is your 
time to make your defence j and you shall 
have time to make it as fuli as you wdK 

Sim. My lord, may I have the favour to 
have iho ludictmcnt read aj^am in Latin ? 

L. C. X Yes, yea, if you wilL Ilcad it 
rain. 

Tjim, I huriihly thank your lordahip, only 
lie words, my lord. 

CL uj Croun [reads,] ' In (juadam illlcita 

* assf^Tubiat^ 10 pru^cntia et uuditu divensoruni 

* aubdii* dieii Doiului Re^is, adtunc et ibidem 
'tllidtcet sfditioise asiieuiblat* et cong^reg^t", 

* as2feruit et declaravit <{Uod poputu^ (s»ulMtil^ 

* dicti Uomini Rvg'is nunc, intiuciido) coaduna- 

* tionem ftcere (Anj^lice made a flock inu) 
' tiicto Domino Re4;i none, bob prxtexta sa- 
' nmidi morbum regni (Ang;tice the king's 

* evil) ijuojI ipse (dictum Doroiuum reg-cm nunc, 

* itcrum innuendo) facere nou piilest ; sed no« 
< sumtiii illi (fieipsum Thohiam lloseweli et aP 
' !iaiitio(>a!» tt proditor* person* innuendo) ad 

* 9UOS ilU (ligeoii subilil* diet* Domioi regis 

* uitac, ioaueado) debent accedcre '(Aoglicai 



* flock to) ^uui DOS (seipsum pni*diat' Thomain 

* Rosewell el at* nedti' el prfwIit^H * fttwam* 

* itcrum innuendo) unmus sacerdotes ct pro> 

* phctie, qui pr*^ibus doiorcis ip^orum (lig^etM 

* suUtit* dicti Oomiui re:>is uuui\ it^rrum ttuiii* 

* endo) sanaremus. Nos {nubdit* et hg^eoa 

* hujus regni Ant;-li(c innuendo) habuionus nunc 

* duo«J ini^Uus leges (!!)ereoi>sinium r';tro1uni 

* pruuuui It u per regem Anglta*, et <i 

* num rcgeui nunc, innuendo) in- 

* periniserunt Uumauam su|>erNttUoti< j : vi- 

* l^rlice Popery) itit^reili (intra hoe ir^juifo 

* A ngliu% innuendo) iu eorum • 
'' glice under their noses) i^oi y 

* luu) pnioum nu|>er reyefu Am 

* J>omitiurn rej^jem uuut, inuu^ 1 

* po&iunt ad nullam perjionam i... . — . ..^.j — 
^ i>imutn Jei'ohuam, El si i|»si (<Livera^ iua)«- 
*' disiposit' i-t &edit* person^ adtunc et ibidvm 

* cum prefiii' Thomam Rosewell ilhcite ct §«- 
' ditio«t' a^^emblat^ et congregat'^ rxisttn' in. 

* nuendo) ad lundameutar ipso runt 
' rent (An>;:hce would atactd to their ^ 

* ipae (seipsum Thomam R<jseviell miiu 

* noil timeUat quio ipsi (seipaum 

* Bo'tewell et pnedict inaledispos' et 

* person^ sic ut pretertur aMcmbhi* inauendd 

* m«micos8uo5(dictuTn Dimunum reu 

* ct li(reo& »utHtit' ipsius Domini r* 

* innueudo) vincerent. *it ut in p-^'^t' 

* Ctjm cornubus ariet\ pal mis i 

* broktti platters) el lapide in iui :_ ^ ...^...^ 

* Siing) ^c** 

Rt}i. If it please you, ray kirtl, ihal uhlrfi I 
object agamst, and desire to b* 
your WdAhip, is thi» ■, 1 ao> 
dpeakingwo*^ abfmt flocking 10 ii 
cure lb e king^s evil ; and it is in t 
mcfit called ^ Morlma Regni Anglici,' liiai js 
ihe disease of ihe English kini,'dom 

L* C. J* No, no ; it is * Morbus Ite^ni, An* 

* glice* ihe king's e*ilt 

}io», 1 do nut understand how * Morbiia 

* Regni* can he the Kirtg's evil 

L. C* J* Therefore because th* « 
word in the law for lliat distent 1 
up by the word * Attglice/ to .si 
meant* 




f^o a|vl 

rlptl 
ihey 



Ha$. Btit. mv lord, I understand there arc 
proper words for the disease ; as Struma^ und 
Snroftda^ Chose are proper words lor ii, not 
* Morbus Reffui/ 

L, C. X Not at all lu law, those may be 
tlie wonis used amoiig physicians ; but in 
legal pnH'ef*lin|^ we are to ket»p up ejtacily 
to the lef;al n^iittes and phrases ; and w her« wc 
have not an usual iior«l, then we help it iii|i bj 
Anghce's : and so we here express thatiety 
dibtemi>er, which is called by i\w nanie ol ihc 
king's evil, by a wonl framed as near to a law 
plirase as we can ; and to shew our toeoiiing 
in it, we add, * Anglice* the king's eviL 

Rot. My lord, IS that Ihe phrase ibil it 
proper for jt in law ? 

L. C. X Yes, yes, it is very well eitpr 
to shew what is meant. 

HoicwdL But, loy lord, < Mocbtis 




^181] STATE TRIALS, 36 Charles U. i684^>r High T^ra$mt. 
kin Engiib |if«|ii^j^be disMse of tli« kmg- 



i^ C J. It iH 80^ ihe Htsease of the kin|r- 
4wn ; il'ibeybud i'<iuo n«i fiirtbt-n bul lelt it 
tet» It mtgbt t. lU'h an inter|>r^tatton 

ptttflponit. Bi the words nre so 

iiiikiguoa& iu Li«fj(if ihc'v aio rptlufcil to a cer- 
taUMj. by (luUifitf an * Atiifliee' ii> them, 

Rm. I t)iought it bad b*«n Anglici. My 
Urd^ tbere i« another ^*hra*e that I obie<?t 
l^tnstf it says, * Nos hiiliuiuiu:; nunc Juos 
* alfBOt Ri|?es imitmil/ Vly loni^ this cannot 
he uuikiifoni) f^rtwo liin'is oni^ atler auothcr ; 
bill innmnl mnketsi it to l»f l»e»th al once, 

£. C X ^f^>, wehttvi* had uou lotjether two 

" lliQt w€ do not use to exiiress so in 



The trcrds do tlius sound in Eng- 



HfTf* nrp fwn wm-ds in$imul and itwwf 

^ time. My lottJ, t 

Jiisuhile tipon the 

tUM tin >* w L*t lU wrre spoken by 

1 filill liup and ahvays must deny the 





.C'J' Hetnkeitso. 

||({»T ■■'■' ' ■-' t - -• -rnivK 
I- C* X I (d wrtli your 

vvtili. F' v.,.,j^.. ^ ,. I that you said, 

VTeba* I V iiad tirti wicked kings together, 

too) ^il> r» >^ii*Jy* 

I Rm* H that he an Anglicism, this cannot be 

) L. ^ . if it t^ a blunder in the I^tin, 

. t of your making ; Ibr you 
^AMiu Eu^libh, and the Indictment in 
♦^Tiit'tJy |iurs«e your Eughsh. 
^ Jln» '*" •! . bert' i^ anotlier exprts- 

t lhJ, * iifimanam snper- 
ta come in, 
L* i hat well express<»d ? 

H^, i'is *. ,.,vi*i may be superstition in 

ife worship of the Cliifrch of Home, and yet 
ikdEitJi Lwttir liiin ' we call Pnper>. 

L. i y iif#, you siiy rig^ht ; but 

liicuii I the same r<^i^Hon, as the 

fmmtt pktnuh/t you objrcteit against aliout 
but R«tfTii.' Beraii«c *■ llomana Super- 
* is such a general word, and because 
! jfCTcmi supcniitions in the Romish 
ieb, abundance of them ; and this may 
' it onrcrtain ; and because we have no 
wnrti to rYpretui uhat we call |H»pery by^ 
there la an Ang-Uce put m, to shew 
i tf Rirant. 
Sim, Tben^ my loul, it is said * in eoruni 

* Oqiil»^f*-tn ic ll.il rnrKl IQy lofd ? 

L. » id'cr their nnses f 

Roi _<^t. 

£. C J- IVftv^ bow wouid ycra put that into 
latio, uTirfr T th^ir noses? 

RiK , iff sbould spcHk aecording 

t^tbr ^ of the Latin of this Indict 

mtnt, r lordship says muKi exactly 

p«mu' ^Itsb, I wouJa r«nd#r li * sub 




[182 

L, C. J. ^uoh fieople suffer ccmTenticks 
under their nosfs, •- in eonmi couspcclu/ 

Just. HoUimmf, It IS tyiA ymw nose thrit 5 

L.C, J, Sutler relw'lluju ui>der your no-si'S 
are these things * 8ub nsribus^^ or ' in co 
" spectu V 

Rtm, My lord, ibis could not po^sildy \m 
spoken of the late kinqf, and I his Umu; ; when 
the preecdent king died a professed zculous 
ProlcNUint ; and tiis |ireseni tnojosty has so 
oAen, and earnestly declared a^atnst it* 

L. C. J. We know that rery well ; but yet 
withal we know, it was the pietonce of Fopery 
nnd arbittaiy powcr^ and thoj^c lUin^s, tbut 
brought tbut' blessed Martyr to tlve scaflToM ; 
and ihe j^real cry now at this day, by all f^ic- 
tious and seditiou.'i busy iWlovvs, is ag^oiniit 
popery ; as if it »v ere just breakini; in upon 
us, and the government abctteil it ; when it 
is all ffilse, nothint^ more uutiue : ilk: Indict- 
ment calls it jo^ says these wortis are fipokea 

* falso cL nialttiose ;* and all trea ons are so* 

R4>s. Then, my Inrd, there is anolber thing, 
^ 8i ipsi starent ad FuudaujenLabai'ornnrt, An ' 

* glicc,' If they would sland to their princ 
pies, or principals ; tor I know not how it la ^ 
in the iiidii^tmeut. Pray, my lord, bowcoiucs 

* Fundanientalta' to *i^nify principles? 

L. C. J. Their firinciples, that is, their fouit* 
datjons, or fundan^entalii. ^ U the fomid.itiun 

* be destroyeil, uLat ean the ri^jliltons dof 
savs the Pialniist. The Latin bible cx]»re 
etb it b}' * Fundamcntalia,' 

liu$. Then il is * si ip«ii' in the tliird person ; 
now, my lord, in common sense that mutt 
needs reler to the two wicked kin^that were 
spokenofju^t before, or to the king, and hl»i 
(subjects sjHiken of atterwards ; and then sure 
it cannot be treason. 

L, C J» No, * they' that ig, I and you that 
are here. It was spoken to your congrefj'a-j 
tion. If they would «itand to their pnnciplcgJ 
then come the broken platters, &c. 

Roi. If it were spoken to iliem, and of 
them, itujust have been * you* or "^ we.' Then 
it is added in the end, my lord, * Fialis l*a- 

* tinis,^ broken platters i your lordbbrp has 
remembered me of that wotd. My lord, I dk 
bear that Mrs. Smith did swear at Kingsto 
assizes, it was Pewter platters. 

L, C J. I do not know wliat she swo 
tbere ; now I am sure >hc swears as it is in tb 
Indictment. 

Roi, 2^1i$tress Smith, F*rav did not yo 
swear it was pewter platters nt Ktng^stm ? 

Smitft, No, I never said othtrwifie than I< 
now, and that is, broken platters. 

Roi, 1 did hear she swore pew ter then. Bill 
my lord, I conceive if it refers to toe. and the 
people that were there, it shoidd have lieen, as 
the former sentence is, in the first person ? 
' We' bare had, &c, hot here it is changed 
into the third perion, and tberefore caADOt ' 
so meant. 

X. C\ X But it plainly ipeaksits own i 
ing, that it \h meant of the people there. 

Rm. My lordi itien as to the luouenda**. f * 



18SJ STATE TRIALS, 36 Ch arlbs II. l68i.-*7Viii/ oj Thamai Ihfiewtlh [ISl 






I 



•ae there are eijj^lit or ten of Ihem* Whether 
Are these to tn^tke such a constnictinti of n 
iriiin*ti tfn?Anin^, whicli doth not oihcrwisfr siiiti- 
ciently ap|Kiirf as td briug' a mna uuilcr the 
guih oftrrnsonf 

X, C. J. t i«ll Tou the inedniintr is ptain ; 
if you ftutl lie, such f.)lse trnitorsi im are samJ 
to be ilicre aisv^rtihtecl \iith you^ will but stnnd 
to our |>i inriplt-M, we &h:ill overthrow and de- 
stroy our ciietnlei ivith brakcn platters and 
rani'S'hotiis. 

Hiir, ItiSsaUl here *i [I'M? won timtUat<juin* 
— Of whom hhouti) I spenk that * ifite ?* 

/-. C, X You were speakingof \oiirseif and 

ttmt is in the third pcrsoo, aad 
III _ ! number. 

SoL Ocn, (Mr. Finch) No^ the jurors that 
find thi> Indict meiitiay, that he said so, and 
thftt niuA be lU the tliird person. 

Hot. Thnt is not accordiuir to the rest. 

Just. IVithins* 'They/ is the people with 
him; and ' he,* is he himself; thai is plain, 
aud can have no other construction, 

Hoi» Now, my lord» will your lordship 
please to accept a froe declaraUou of the Irutli 
of this matter r 

L, C\ i. Ay* ny» go now to the fact ; now 
we are &r^t o?cr (he exceptions to the indict - 
toeflt. To answer the fsct is most proper at 
thui time. 

MotetvclL Theti here in the presence of the 
great God of Heaven, the rififhteous jud^e of 
all the enrth ; htfore whom yuu and f , and all 
that are here, must one day a[i|>earf at llist ter- 
rible bar of impartial justice (and a glorious 
tribunal it will be), to give an account of alt 
thinjips that wa have done in the body» whether 
they be good or evil : and I am told by my 
blcsNcd Redeemer (who shall also bo my judife 
that day), that an account must be given of 
every idle word tlmt I ?»l)all utter, how much 
more lor lying' and nnrjurVf and false- witness 
bearing? as \our JoriUhip (I humbly thank 
you fhr it) dicf very seasonttblyiiug'i^.'Stto tho<se 
that have witnesseil these thmgs against me j 
1 say in the presenoe of that ^rreat God, and 
HHslionoumnle b«»nch of rcvertjud jndgea, and 
you gentlemen of the jury, ami m\ dtJir coun- 
try men, lim! have been now sworn, as well as 
retui ncd by the process of law fitr that end ; 1 
do here must solemnly declare tlic truth luito 
you, a:4 in the presence of this God I shiiU ao- 
Bvvi r It h^^rmfWr. Ami I shall bt^yin with ibe 

I t" these Wfirds first, where this in- 

II uds ; for that seems to rcler to some 
thinvs of the laie Ijioes; and aluo to my trea- 
sonable intentions now. My lord, and dear 
cotmtrymen, because I lieaM somclfiiu^ men- 
tioned as to the lai^ unhappy civil warn in these 
nations ; I can declare^ my father was no ways 
concerued in those wars^* fur he was dead lis- 

if ' ' ' ' ' n hut a child, 

■« But for the 

.SI MM, 1 N.iy ? that is Ion 
•^ r, the barbarous u^tuxicr 

4^ ^._ _,^_ J ^.,.^ Charles the First, ^?hom 



I had once the happiness to see the ^oe of, 

rather the unhuppiuess tu si'»^ in rt-Sf»cetof hifll 
condition at that tiuj r under 

tree, with some few J. m, whirls 

very much atfrcted itiy httati, UuMi^h then but 
young". So far wus i fnmi hfinir ''^i*? thai 
would compare him to Jev 
lordship will hear, that) I 
abhorred that art. Fur ni 
1 declare in tl»e presc^nw r ' 



bifll 



with my snul, : 
I could do him 
my life uv^-* - 
at bis foot 
] was ouLc 



kJ, [ woul I 

■ .1... it ; I v; 

Mj<L My lord, 
la*-* of my hfs 
for declarin^T tor his majesty m his exile ; wbwi 
it is well known, few durst appear in thofit 
days on tlie behalf of nn injured prince. It 
was objected against roe, that I neve*' pfnyeti 
for Oliver Cromwell, that had iwurp' 
Fernm^-nt, My lord, I knew he stu' 
i ; 11 ; he was an usurper. 

that the kingdom would n t J 

ptact: nil the ri^^ht heir, our itoxrr 
IS, were restored to his right, 1 I J 

that a gihb<.t sihuuld be set ul ...^ 
porch, and I hanjfed upon it, or at my owi 
door, I preached upon that place of siriptur 
Ezek. XXI. and the 27lh verse, * I will <*tc 

* turn, overturn, overturn; and it shall bei 

* more until he come whose rig^hl it is, 

* will give it him/ And 1 declared i 
sennon the several ovtrtumtng;s thni^ 
had ^iventhern then in powt-r. And tholl^ 
threatened me, yet God preserv< ' ii| 
nt home, as he i^id my dear sov' ^ 
for whom I have prayed many unnMroi 
thousunds of times, Aud it is well knowi 
mediately after his majesty ^s happy ri**t(i 
I did upon one of his majesty 'ti days 
upon that subject : * For th*' itauk t 
^ of a bn<l many shall he the y. 
I preached coiicerning the ex\ 
narchy, which I shewed to be the cK 
l>est of ^iwerumentJi, practised alu 
where: aud I proved it from the t 
the great God of Heaven, the mon 
the world,, down to someof themeaii- 
of creatures. I shewed it w as the p 
God had s€'t up in his church, app^' 
Lord Christ tu be the kinjf there ; ; 
ani^cls there was the prince of them . uiuuiti 
the celei^tial bodies, the suo in the tin 
ment*^ 

£. C* J. Mr, BfiseweTl^ [ am very unwilUii 
togireyou any tnlen'uption, becoUvSe td'th^ 
dition you stand in, being' a prisoner pk 
for your life, U|.wn an accusation of hi^li 
son. But 1 tell you, these thin^fs thatyot|| 
now insisted n(>on are not at all toHlie pu 
as to what vou are br<mght heixj for, Vvu ai| 
not here arraigned for your {|iioil works, bi 
for yonr evi! works. If you commend yc 
self'for two hours together it signifies null 
farthings; antl the gentlemen of the jury mil 
let it iro for notbin^^. if only seni^s to ph 
your humour oi talkiii^, aad captivate the ; 




STATE TRIALS, S6 CuAtitES II* 1 684— /or High Treti$on 

I ^t it is not At aU to thepurpn^. Keep 

tOfatter^ that tt is iricumbent upon 

to ibe biisifwfiw you Hre iijion 

QQf ^,.ft ^.Ilo jjcu upon our oatlis, 

tld vbo are a to ilie govcrnmenl 

iftdllMi hw far V _ ilo, to sec tbut thiiiy:» 

ht^ooe aeoonlingtD bw. You are not here 

' m tor votir goo^i Morks ora*!- 

yon had never done worse 

Atv ttaid of younidf. But liere 

^ tVir IraittTfUts |»reachm^at one 

lace imd one particular iitne ; an- 

TUe jury niu^t ^fo, not according 

' ' ii'cordinj; lo the 

l^itd in this in- 

"-»--- for 

■ ver- 

. .^, , ,,.. .- .,_^ have 

you, you h:ivc at once over- 

^^►od you ev<ir did, or said in your 

bct4>rc. 

.fiat. My lord, I know rrry inrdl, one such 

fltCtMMi'is eiioujfb to nuur a lil'e of former 

mmHimm, Rut thin thai 1 have said, was to 

•hnr, liovt •lit those thtngii that lht>y 

my constantly declared 




bav««ifton 
joikinitsit 

L a J. 
»lb<r 



• e of people to 

nljfbts pardon, i 

■mbittortsf:imit- ^.,^.., ........ ^^„,- 

l^rflii : bi3t iti<> ^vell kno^o, the devil has not 

riidv liislruiriLrits ti>enn'v f-n Ijloodv 






(tiiuti gratiited and advanced by hiin. 

p «tircan say nothing; to wlratisal- 
I of Ibrxner loyalty ; the devil surjirises 
wmmh/^^fh^^ things : 'they do them, as tbein- 
Aditi' liy the in^li^'aiioa of tbe devil. 

Kw( 3ier bel'ore you, 

iitaf. i' ly lor<l, to cut ghort. As 

In idiA buv bis mi^je^tyN rctiim : I 

kmn b*«!fi ' ■ — " of hi!$ days, and 

pviliciilai '. \ I bave always 

rifcjgnedat _ ... ...jon i and I did 

upon one of itiose days preach upon that 

X. C. /. And nil this ^ig-nifics just notbinc^, 

1 upon thiit day you went to a convenlicTe 
IfiinHtthe taw, and preached there; which 
•bvw, what H coniormiihle man to the govem- 
Bcni and tlie law you are. Yon can bavfj; your 
OMlgfegilions of hundr^s of people, aad 1 
^aW not what ; now t tell you all this makes 
ftotlkiaif&gatiiflt you, nor doUi all your com- 
imidatiofi make any thin^ for you. 

Hdntr My )onl« 1 do not know any law of tko 
iJnvdthaiiij ii^in"-' * hiii^ the Gosiiel. 

JL t X \t 
b4 the law "'. 

Hat* My lord, 1 Uunihlv conceive it is the 
of number tliat makes the trans^- 



tticles to preach, ia 



:d. 



L. C* /. f I is not only a circumstanee^ but 
l^tiifcata«ic« to pccach m a convcutidei a^d all 
icuaj^lair. 



Rot. If yoti call that a tmus^ession to preach 
the gospel, 1 humbly acknowledge myself a 
transgT^or. 

L. C. J. I tf*1 '*"'*•♦'** a transgrresston ; bqt 
it is not such n ^»un as that for which 

you are here i n but, hecausie you com- 

mend yourself «o much ; a nian« I must tell 
you, thai every day doth noifirioosly trans^resi 
the ]a\i^ of tlie land, iwvii not be so fond of 
^viufr himself commendations for his obedi- 
ence to the government amJ the laws. 

Roi. My ford, I was only ^ayinif that upoa 
the 30th of January 1 pi-earhed u]>on that text 
1 Tim. ii. 1,2* ** 1 exhort, theref«>re, that first 

* of all, supplications, prayers, intercessions^ 
*' and fifivmg'of thanks be made for all men ; 

* for kiiigii ikiy\ '" "^" ' lie in authortiy ; thai 

* under iTiem v J quiet and peaceable 

* lives, in all ^i .^ ml honesty. 

L, C. J, Amen ! I say to that pe'tiUoli, 
Has. Amen ! 1 am sure I sity to it, with all 

my soul ; and it is my daily prayer to my 
God for my sovereign. And here I shewed, 
that it was the duty of subjects to pray for their 
prince 

L. C. /. I tell thee, I care not a farthings 
what I by text was, nor thy doctrine ; I wish 
vou had been at church thougl), and been con- 
Ibnuable to the lans. But this ls nothiog to 
our business. 

Ros. I had therein a sharp reproof and in- 
vective against tbo^e that instead of praying 
for their civil head cut it ofl'; and those that de- 
sign and plot against the governtuent. 

£r. C X You did abundance of goo<l by your 
sennon, no doubt ; J shall not .now stand to 
c^xamine that* 

Ros, So far was I from harbouriog any trai< 
terous thought 

L, C, X Come, come ; all this is besides the 
cnshion; eouietothc matter that is here before 
us, man. 1 would not restrain you of any part 
of your defence, either in time, or any thinj;^ 
else ; but let us not have the time taken'up with 
that which no way concerns our question. Our. 
business relates to what was said at your meet*. 
iug, at that time the witnesses speak of. 

Roi, Then, my lord, as to the truth of this 
particular case, I'shall now declare all that past 
then ; as in the presence of that God who 
search eth the heart, and trielb the reins, and 
who shall judge us all. U^»on the 14lh day of 
♦September last, I did preach to some people 
that were met at a friend ^s bouse, one Capt, 
Daniel in Rotherhith : and as my course hath 
been to exnouud the Scriptures Ttomake them 
tinderstand them), I was, my lord, that day 
u[ion the *2nth chapter of Genesis. The chap« 
ter is about Abraham and Abimelech king of 
Gerar. Now, my lord, will you please that I 
shall <leliver to you what ^va^ said, by repeating^ 
it by^ word of mouth ♦ or read it 7 

L. C. X Ijfo, lio ; I do not desire any of your 
expositions, or nreachmeots ; answer tt/ the 
lodicUneut, ana what is charged upon you 
there. 

Rat- My lord, I am about it, in 



]87] STATE TRIALS, $6 Charles II. i684 — Trial of Tkomat Reaemett, 



what was renlly said ; and I ask the favour of 
deliver! ut( in court what I then delivered to 
thein. My lord, it was thus: la the 9d verse 
it is said, * And Abraham said of Sarah his 
' wife, she is my sister;' from whence I ob- 
served, that he had been gfuihy of this once be- 
fore, in the 12th chapter, when he told the very 
same lie to Pharaoh king of £gy |>t. And thence 
I raised this note, * That a goofi man, or a 

* friend of God, might fall into the same sin once 

* and ag^n.' And in proof of it, I brought three 
or four uistances. That of Lot in the foregoing 
chapter, his falling twice into the same sms of 
drunkenness and incest with his own daugh- 
ters. T)iat of Samson, in the 16th of 
Judges,) and there came in the mention of 
Dalilah, that she spoke of, she only re- 
memlters the name of, and not the truth of 
the quotation), that of Peter's denying his 
master, once, twice, and again; first, with 
a he ; seconilly, with an oath ; and thii-dly, 
with an imprecation. But the proof which 
they in this point have most distorted, is that of 
Jehoshaphat, who sinfiilty joined nith two 
wicked kings : first, with a uicked father Ahab 
in his ex{>eidition into the laud of the Syrians 
against liamoth-Gilrad, 2Chron.l8tli chapter, 
for which he is reproved as a gi-eat trangressor, 
and threatened by the prophet in the 19th chap- 
ter, and the beginning : and yet he afterwards 
joined with another wicked kins*, Ahaziab, 
Ahab's wicked son, to go to Tarehish- ; as ne 
mav «ee in the SOth chapter, and the latter 
end. And here, my loni, is the whole of the 
bunneis concerning the two wicked kings. 
In the presence of the holy and great God 
there was not one word spoken of the kings 
of England, either kinif Charles tlie first, 
or his present majesty. This was as to the two 
widced kings. And then, my lord, I came to the 
7th verse, which has these words, * He is a 

* Prophet, and he shall pray for thee, and thou 

* shah live.' Upon this i observed, * That the 

* prayers of God's prophets have been very pre- 

* valent for the healing, and helping of others in a 

* time of need.' And three proofs ] brought of this : 
The last of which, was that of the ])rophet 
Isaiah^s praying for king Hezekiah in tlie time 
of his great and dangerous sickness. But that 
which has reference to this business, was that out 
ofthelKingsxiii.andthe beginning; ' When 

* die prophet came to Bethel, and there rebuked 

* Jeroboam, and prophesied against the altar 

* there ; Jeroboam put forth his hand, and shook 
' it at him, and said, lay hokl of him ; uiioii 

* which tlie king's hand was dried up. Then* • 

* upon the king intrcated the prophet, that he 

* would pray unto the Lord his God for him, 

* that his band might be rcstnretl. which the 

* prophet did ; and the king's hand was restored 

* again and became as it was before.' And 
here is the business of Jeroboam. In the pi^e- 
pence of God, I speak it, there was not any 
the least comparison of my dear sovereign to 
that accursed wicked pmoe Jeroboam, who 
made Israel to sm; No, my ver}' soul trembled 
atthathougfauof H wImb I heard it. Upon 



this head I had this sentence, or obser 
(which I will give you to a word) if I W( 
die the next moment^ and appear before tli 
rioiis tribunal of the heavenly majesty, 
not the least he, or equivocaaon, or prev 
tion, * That a godly man's prayer ia a 

* reign cure of the king's evil ; whereb 
' meanest, or the pooresit christian may gi 

* and serve the greatest monarch.' And 
not my saying neither, but the saying 
exjiositor upon that veiy place of seri 
out of whom I did quote it. Nor did 1 
of it, or he write ot' it, with respect U 
pnilicular disease that the indictment 

* Morbus Regni,' but the king's evil a 
king's own disease, in reference to Abime 
who was king of Gerar. For it follow> 
the close of the chapter, * God heard 

* ham's prayer, and healed Abimelech ai 
*■ his house/ But as for that word they 
of ; 'of the people's flocking to his majo 

* cure the kiii'^'s e\'il, uliich he could nc 

* and that we were priests and prophets to ^ 
*tlicy -imst come for cure ;' in tlie presei 
the eternal Ood ll;ere was not a word 
Then, my lord, for that of the rams-h 
I shall observe linw that came in by and 
but first I will premise, that all this tha 
been now spoken of, was ujion the expo 
of that chapter in the morning. In the 
Boon I preachcil upon a particular text ; 1 
yith the reading of a Psalm and a chaptei 
so far i conceive it was afler the rnanne 
usage of the church of England, whid 
joins the reading of the scriptures as pari 
worship. I preachcil upf)n the lltli < 
Epistle to the Hebrews, and the 19th 
(tliongti one of the witnesses saiil it ^ 
l^lni) 

L. C. J. She would not be positive, b 
thought a Psalm, she could not tell. 

Rixt. xMy lord, it was the 11th of If el 
12. the words are these, * Therefore a 
*' there of one, and him as good as dei 

* many as the stars of the sky in mult 

* and as the sand which is by the sea-she 

* numerable.' Upon which I had this 

* Tliat tlie great God can effect great it 
' by very small and unlikely means :' A 
(ot one)\vhiit was less than one ? None i 
And this one too as good as dead ; and ve 
him to raise as many as the stars in the 
and the sands on the »«?a- shore. What 
tilings did GchI dfect by the rod of M 
which was but a little wand in his hand 
yet a sign and symltol of authority ; a 
sherifi's white Nta\ cs are. Never was tliei 
great plaifue to be sent upon the enem\- ol 
and his church, Pharaoh and his S^yj 
but u|ioii the stri'tching forth that little i 
came. And so, at the sieu[e of Jeriuho ; 
dreadiiil dilapidations in that great city d 
sound of the rams-horns make? What 
rible anny of the enemies of the Israelit 
Gideon's small host destroy with a few b 
pots or pitchers ? (much less did 1 vm 
plattci-s, or pewter dishes 5 M I have be 




STATE TRIALS, S6CbARLE$ II. i68t.— /or High Treason. 



[190 



31 tU tiiiii oi lit I 

liiKt ft» I bfive now 




t iJac^ first swure). " And vrb^t a tfom^u* 
lipiit dumiptoa diet Daviil itrtke tfoviii wUb a 
fUMUf ta «^ ttbu^ ? And Mrlttt a i^tonoas work 
W^wf I ^-''l ri»>i<it tUe sou of David, itn m 
liiscii It %%itb a little clay ajid 

tpillk ; i' ilirni iijilhe eyfs of one 

MlGO«Uii»t:li &c?t\ itiAii to Open tlie v^sp^ t>f 
^born l>liu«h Noiv here, oiy lurd, 
^liolc truUi »u ibe iircscucrc of the cteniul 
Hrrr yoiir lorasUii* sets in menUtm 
upmi Uic second vejrse of the '^Oth ot 
' t of two wicked Uiag?J ; but bow, not (ss 
t ii) with any reHeclmu 
: '^Haud ; noi were they 
'' *:Te sworn thciu, 
rm. Here i« 
, -> tnjl, and of Je- 
«t. juunuer a» ihey 
nMntion of rams- 
iie if) u liUnj,^ ; 
WtCHH - ; ^ktl to the i^o- 

f«fOiiA*niti or retcn xjice to tt, or refleclrun upon 
it, «c the lun;:f mitl thi-s 15 th^ truth. I have 
: m of the who?e a^ it 
nay see htnv mitch 
wrttches. And if 
.s as really and in- 
r vvIkiI «as thiMi said, their 
• if con9<!iences cjinnot but ^0 
, and roiitirm %vhat J have mid j 
L ott ibftt was %t token by me thtit dur, wan 
am I h»^^ rr' ' ' '-.r nboul the least refle<Hioii 
r*J*! inwfoTiiior majesty and 

<» L .or either of theai^ or 

[t ire lEfyr eminent. And if 

^lL•rt>^ I Jim m re there will 
|f»? I yoa wilHind nnd «ee, 

the kinsr's friends, but 
^tiini th«»s have ftvlsly nccnsed ftti 
, faithful, loynl silbjef t of treason ; a 
[•rh«*-h my ^*ry souJ flhhorBthelhoii^hrs 
In fif*y»r «hrrfof» if your lofdship will 
4 re, 1 uill now orill my witnesM«fito 
^ilh of nil thiM ttiatt* r. Atid alW 
1^ coufe<5sion of the truth, 
[ ^hall call ^vill te^iitifv 
uMi iru«it in my jjitml God, 
11, my dear countrynwn, see 
' ■*■*!' ot ray heart in whatever 
Me, Ha** I l»efii ^tltv 
ti laid to my chanr*', Tl 
•, Fray, Mr, Ciier, call 

f^ C. X Ay ; cooie eall \f*%\r witoe<!SP^. 
■" n. Ify lord, one thioyr ^ »ouhl desire to 
^^irik lo yocrr Umhlnp. Your lontshiji wm 
^Hlttntf thill i^hHi I declared of my former 
li|fih') "i>tr ^^ whnt tiK' witne«»ies have 

^tfAK* (d, I hftre read in a trwe hw- 

teiy ^1 MMok iiie scrif^tureK will be owned by 
fmwao* llMt fcre here tu be ^u<^h) of two false 
•itar^*-^ •* ■ were siK-h ; they »re called 
■»»i't ! prt^y God thesic be ikH i»c- 

•■■ttr «**^ f»f lielial) that «wore, 

*^3?«i»"' nte Gril and the kinjf.' 

Llie^«Mt:' 
klmt would yon have of us, imj), 



Aay 



/{47<. I am confident, my lord, yoiir loed^htp 
and the court do not believe he itid »o. 

L, 6\ X Tlie Scriptures tell us it was not 
true ; Ho vou think we do not believe the 
seriptui"efi» beeanse we lU* not heur yoti (oeiich 
iu your oouveoiicleii ? We do behr\ c tlR' vcrip- 
lures, iiiaui and \ie livlicTe too iltey have 
lieen |jerverte<l by you, and other (>eojde, Iu 
very ill |»ur|>oses. \ cs^ [ do rumemlH>r the 
story of NulMiih; and (o Mhewyou that I can 
remember some ludy history as well u« you^ I 
can tell you of anotlter story, and that m the 
titiiry ol 8u«anua and the elders, and there nas 
I irciinkstauce of time imd place le?,tified lo i 
but tt seems they uere deftciive iu ihrir proof, 
and thereby discoverml. You would do w«U 
to detect I be witne^^ses, if you can, in ^somc 
contradiciiou, or talshood ; that will ilo yoit 
more service, than harangues uruJs}>eeebes. 

RosetL-ell, The God of Heaven will ilo it thii 
flay, 1 trust ; far to hinu 1 have opened 011 
cause. 

L. a X Well, well, call your witi 
and prove w hat you can* 

Ru&ewdl. My dtiiir Reileetner himself wi_ 
served so \ nay condemn eit by the te!i|iiiioti| 
of false witne^es, [Mr. Hudson came i«.} , 

L. C J. Come, here is your wittiesa ; nhi 
say you to him ? 

HosvuelL Mr, Hudson, were you present \ 
the meetinij;^ at RoLlierhith oa Lord's iJ^^ the 
14ih of September last ? 

Iiud$'m. YeSy H^r^ I was so. 

RosewtiL Here is IVIm. Smith hatli swor^» 
that eiince the beginninir of August we had il 
meeting; iu our public Meeting-house r Warn 
thei^aoy, pray &r ? 

HuiliQn. rhere w&b none such, tltat I kiiowoC 

Ro$ew€lt. She swears, that we were At Iftie 
house of captam Daniel \Veldy*t» the )4th of 
Sep tern IxT. Was it so P — Hudmn, No, Sir. 

RoMCwtlL Vi hat pUce wasi it then ? 

HuU»vn, It wa^ one cupluiti Daniert;* 

Ln C. J. That is the same nn Ihey say, 

R4f9rmeli. The tirst witi»eH»,.AVlr;i. feimilii/ 
said captain Weldy'if : ioik-ed, tlie other i<uil» 
cuptaifi liun el'ij. 

L. C. J. 8he sM she wiis ttild yo, but she 
CKiold not tell ; but «be remend>er» yoa prayed 
i'iyt him, and his child too, who wa« theo ill. 

HmcMcti, Pray 8ir, as to the truth of the 
buAiness^ ; Did you hear me speak of two 
wickeil kujg«> i Thai^ my lord, iume in, I say 
u{*on the M*eond t erse ut the SOth vf Geueait^ 
which t ihtn wai; eitpouuding^. 

L. C. /. Nay oftk him in ^oeral what be 
heard you say ; and %vh«lhvr he heard you 
aay any thing of two kicked kiu^, and what 
it was. 

RmewetL Ay,&bout Ahah, and Ahaztth hii 
son 

L. C. /. Nay, nay, I must have luioe of 
those thin^, w"e mtjht hare fair questions put; 
for, as you tict.' we will not admit the king*i 
eount^el to }»ut aoy questions to the witnes^es^ 
Dor profloce any vutneases i^aioat you, tliat 
are lesdincTT or not proper, so nior mtiil you : 



1913 STATE TRIALS, 36 Cbaklbs II. l6S4^TrUa of TXmum Rofewell 

nborning ; you did only expound^ as 
to do in the morning. 

X. C. J. If you have done wii 
should ask him a question or twi 
vou, 1^, Pray what time did thi 
beein? — Hud»on, It beffun about 8 < 
L. C. J. What number of peopi 
think there were there ? 

Hudion, I cannot judge how n 
were. 
X. C. J. How many do you think ! 
Hudson. I believe there were a 
40 or 50 there. 

X. C. J. No more than 40 or 50 : 
Hudson, Alas, we could see but in 
X. C. J. What room were you in i 
Hudson. I was in one of the chan 
X. C. J. How many pair of stairs 
Hudson. Two pair of stairs high. 
X. C. J. Did you see Mr. R(Mewi 
Hudson. No, I could not see him i 
X. C. J. Was tliere ever a bed it 
where you were ? 

Hudson. No, my lord, th^ was i 
X. C. J. Was there a dinner time 
Hudson. There was at noon a res 
tic while. 

X. C. J, Did Mr. Rosewell go dov 
Hudson. Yes, my lord, he cud, 1 1 
down stairs. 

X. C. J. Do you remember any i 
was spoken of Samson and Dalilah 
Hudson. Yes, as I said before, 
about fcjamson's goinsr downtoTimi 
Dalilah ; shewing nis failing, ho 
twice into the same sin. 

X. C. J. Did you hear any disco 
canting ? Did you observe he used 
canting? 

Hudson. No, not that day, as I ki 

X. C. J. Did you ever hear bin 

word ? — Hudson. Yes I did one day 

X. C. J. Ay ; What did he say 

about canting r 

Hudson. 1 am not able to tell y<» 
actly. 

£. C. J. You must, you roust ind 
Hudson. I do assure your lordshi| 
not how to repeat his expressions abc 
X. C. J. For look you, Sir ; th 
are not upon your oath, because th 
not allow it ; yet the same thing 
those witnesses before, the same I 
you; you must consider, friend, 
here to serve no turn, nor party ; 
the presence of the g^reat God of El 
eartn, who will call you to account 
thing you testify here ; and tliereibi 
any subterfuges, tell lui the trutli, and 
plain truth without welt or guard. 

Hudson. My lord, I will not den; 
of the truth, nor tell any thing that' 
i know I am in the presence of a i 
of justice, and in the presence of tl 
Heaven. . 

X. C. J. Tell us then, what 111 
said about canting. 



But if you have a mind to ask him any ^ues- 
tifins, what he heard concerning two wicked 
kings generally, do so. 

Hudson. Upon the 2d verse he was then. 

X. C. J. Of what chapter ? 

Hudson, Of the 20th of Genesis. I was 
then in (he place, and writ. He was upon the 
jtad verse, and concerning Abraham^s denying 
of Sarah his wife. Says Mr. Rosewell,' Doth 
Abraham here fall again into lying ? I thought 
he had smarted enough in the 12th chapter, 
for the same he told to Pharaoh : And doth he 
fall again, and not take warning by it ? From 
that you may take notice, that the best of God's 
children may fall again and a|raun into the 
same sin. And there you quot^ what mis- 
chief good Jehoshauhat had like to have 
brought upon himself, by joining with two 
wicked kings : first, with wicked Ahab king 
of Israel ; and after he was reproved for it by 
the prophet, yet he fell into the saoie sin again, 
by joinmg with Abab's wicked son kins' Aha- 
siah. And so he quoted Samson, who got 
mischief by taking a wife among the dauefh- 
ters ef the Philistines ; and yet after he had 
felt some smart and hurt by it, yet like good 
Jehoshaphat, and good Abraham, he falls into 
the same sin again, by going to Timnah, and 
taking DaUlah. 

Roseweli. What said I, pray upon the 7th 
verse? ^ 

Hudson. The 7th verse was concerning 
God's appearing to Abmelech in a dream ; 
where God says, * He shall pray for thee, for 

* he is a prophet, and thou shall be healed.' 
And there Air. Rosewell spoke concerning the 
worth and value of the prayers of God's pro- 
phets ; wherein he instanceth in one thing, that 
they were good to cure the king's evil. And 
be Quoted several texts of scripture of the 
worth and value of them ; and among the 
rest was that in the first book of Kings, the 
Idih chapter, and 6th verse, wherein the pro- 
phet came to reprove Jeroboam at the altar at 
Bethel ; and the kin^ stretched forth his arm, 
and bid lay hold on him, and the king's hand 
was dried up : UiM)n which the king said to 
the prophet, * Intreat now the face of thy 

* God. lor me,' and he did so ; the prophet 
prayed unto the Lord, and the k\De*B arm was 
restored whole as the other. And He did quote 
that of Hezekiah too. 

Rosewell. My lord, this man did take notes ; 
and therefore may be the more exact. 

Hudson. Yes, my lord, I have my notes, 
and can read them at large ; and I Jid gene- 
rally write, my lonl. 

Kosewell. Tiien pray, Mr. Hudson, will you 
declare, whether you heard any thing in that 
exposition or discourse, concerning rams 'horns, 
broken platters, and a stone in a bling ? 

Hudson. That was in the sermon, Sir, in the 
aflemoon. 

Rosewell. She swears it was all in the morn- 
ing discourse. 

Hudson. There was not such a wonl in that, 
m 1 know of. The semoo was uot in the 



iSS] STATE TRIALS, 36 Charles IL \6U.—/ar High Treason. 



Hudmm. He was speaking of the wicked 
■en of the world, that when they spoke con- 
cmuag serious religion, called it canting, and 
«jra he. What is canting ? Canting, says he, 
k a whinioff tone. 

L. C. /. l>id you hear him speak anv thing 
coacerning organs, and surplices, and white 
govu? 

Hudson. No, my lord ; nothing of surplices 
Mr whhe govms. 

L, C. /. Nor any thing concerning or- 

Hudaon, No ; but something he hail con- 
cerning the caihedrahi, and their canting tone 
there. 

RottwfelL Will your lordship accept an in- 
gfnaoo^ oonfeosion from me myself about this 



i^ C. J. No, no, Mr. 

Jfbv 



Roseuell, that will 
_ __n neither acquit, nor 
nnyourseiruv these thinj^ cither con- 
1 or denied. It is your witnesses that I 
■Ml ask, and that I expect an account from. 
Ihcidbre I ask you, friend, and pray recollect 
yoaraeif. How was it that he talked concerning 
lie cantiiig in catheilrals ? 

IfadboK. Truly, my lord, I cannot give a 
later deM^iptiun of it than 1 have done. 
fm I Mhher do particularly remember what 
iaeii was that f heard him use that expression. 
«R on I tell you where it was ; neither 
■Imubsi when, 
twntf. Shan I tell your lordship the oc- 

LC. J. Why, do you think I belicFc any 
wmk jm mf^ notwithstaudiuff any iinpreca- 
tim sr aweratious you make about your- 
adf.* IrsBst aeithor weigh with the court nor 
^jtrj: we roust go according to the evi- 
Mse. 8t. Peter himself, that you say you 
■U of, denied all with a mat many asse? e- 
■iMs; hut that denial did not make him in- 
•MBl, DO, it was his sin. 80 allyour imprc- 
■im, and assererations, and amnnatioi:s of 
fwravB innocence, do not signify one farthing 
lM||i cause. 

Jut, Gen. Hark you, Mr. Hudson ; let me 
9AymL one oacslwn, Pray when Mr. Kosewell 
iiifiphiiied those texto of scripture, diil he 
■t Me frequently to make application of his 
T^Mkms ? — Hudwn, Yes, my lord. 

An. Gem, Then, i>ray. Sir, •i'ier he had 
iAn of the two wicked kings, how did he 

%that? 
Imm. My lord, I will tell you how he ap- 
|[|hiiL After he had made those quotations, 
[ t%i he. Take notice, if Abraham fell, and 

ejchoshaphat fell, and Samson tell, and 
Ml, tlien what are we ? ' Let him that 



take heed lest he fall :' and tliat 
I the appUcatktn he made of it. 
*ir. Gen. Do you speak to all that Mr. 
mD spoke in that discourse at that time 
lUagtliese matters ? 

Udmn. No, Sir, not all ; I cannot remem- 
1 : Bat the substance of the distinct heads 



1 



^oux. 



[194 
how 



RosewelL Tlien about the king's evil ; 
did you apprehend it was meant f 

Hudton. My lord, I do not believe he spoko 
it with respect to that disease which we call 
tlie king^s e\ il ; bocaiise he spoke^it with re^ 
femice to the disease that the king was 
under. 

Roseudl. Did you hear any thing about 20 
guineas ? 

Hudson. No, I did not hear a word of any 
guineas that daj. 

Sol. Gen. Did you hear him say any thing 
about the people's flocking to the lung ? 

Hudiun. ^fo indeed, Sir, not I. 

Rosen efl. Pray, Rlr. Hudson, did I name 
the word priests ? 

Uudsoti. No, Sir, I did not hear yon name 
priests, but ministers and prophets ; and what 
a judgment it was to have the proj^hets taken 
away. 

Att. Gen. Pray recollccl yourself ; Is that 
a phi-ase they use*, ministers and prophets ; or 
do not they call themselves priests ? 

Hudton. Miuistci*s and prophets, my lord, 
aYo tlie usual words. 

Ait . Gen. Priests is the word I am told they 
have. 

Roscrceil. Then, Sir, pray will you give an ac • 
count how tiiat about the ranis-horns came in ? 

Hudwn. That, my lord, was upon that text, 
xi. Heb. 12 

RosLu't f!. Do you rcmendier what time it 
was ; forenoon or altcrnoon :' 

Hudson. 1 do remember it was in your ser- 
mon in the ailernoon. Tlie words arc these, 

* Therefore sprang there even of one, and him 

* as good as dead, so many as the stars in the 

* sky in multitude, and as the sand by the sca- 

* shore innumerable.' From wliencche raised 
this note, or doctrine ; * Th:»t the groat God 

* could by very small means bring great thinj^ 

* to pass.' And then he eamc to prove his 
doctrine, by several instances. Says lie, \s hat 
works diet God do by Moses's ro<l? And 
by Gideon's broken pitchei-s routing a whole 
army ? What great works has God done by 
small means ? That by the stmnding of rams- 
horns the walls of Jericho should fall down ! 
And what great wonders he wrought when 
David slew the tremendous giant Goliali with 
a stone out of a sling! And what great works 
and wonders did the son of David, our I..ord 
Jesus Christ do in opening the eyes of him 
that was born bliutl, with a little clay and 
spittle ? The application of that was, A little 
grace 

L. C. J. We do not desire to hear your ap- 
plications. 

Smith. My lord, if your lonlship please, 
Mr. Hudson used to cxpouiul liiiiiself. 

Hudson. My lord, 1 used to rcpcAt what I 
writ in my own family, that is all. 

L. C. J. Yes, no (Umhi ho is ;i most cwvU 
Kilt expositor; th«Ti* nrc scvi-ral poplr tako 
upon tliem to expound, ih:it vnu lu'ither rt'»d, nor 
write, lint i»ray, lVi»Mi:l, ]•-•* nie ask you ot»o 
qncstiun nion.'' W us. t tic captain, »t v^huiitf 

U 



195] STAT£ TRIALS, 36 Charles II. l684.— Tm/ of Themoi Rnemdh [196 



bouse you were the 14lh of September, at 
home or at sea? 

Hudson. My brd, be was not at home, but 
at sea ; and is still at sea. 

L, C. J. Do yon remember that be prayed 
forbim attbattimo? 

Hudson. Yes, my loni, it was bis common 
practice to jii-ay tor the i'amily wberever be 
came. 

L. C. J. And did be pray for bis son tbat 
was sick ? 

Hudson. I cannot tell wbctbcr be were sick, 
or no, I do not renieinbortbat ; but be prayetl 
for the fatbcr and all bis cbildreu, ibe wbole 
family. 

lioj. Pray did you bear any one wonl men- 
tioned of the Uinus of England, or of bis pre- 
sent majesty britonly in prayinpf fur liim, as J 
bless God l dady ud, tbat God would gi\e 
bim grace nod all good things berc, and iiis 
glory bercatier ? 

liudson. Not one word did I bear named of 
the kings of Kngland ; nor of any kings, but 
those mcntionetr in the Scriptures, tbat were 
quoted, the kings of Israel, and the like. 

Mas, Was there any word spoken abfint 
po|icry being permitted to cumc in under their 
mwcsV 

Hudson . Not one word of tbat was spoken, 
tbat 1 know of 

1.. C. J. Did you bear the king of England 
mentioned at all 'that day ? 

Hudson. Yes, in bis prayer. It was bis 
coii<itani coin-se to pray ibr the king. 

/-. (\ J. Ay ; what did be pray for? 

Hifdfion. He usi'd to express *bimself very 
heartily in prayer, that God would enable bim 
to rule and govern the people under bis charge, 
and bless bim. And be used to say, God forbid 
that he sbouhl sin against God in' ni'glecting to 
prav for the king. 

Jffos, It was SamuePs speech to Siuil. Pray, 
Sir, did you bear that ? 

L. C.'J. Nay, nay, ask bim what be did 
bear you nray. 

Jios. bid 1 pray about opening the eyof?-- 

L. C. /. But you must not open your wit- 
nesses eyes : Do not lead bim. 

Hudson. It was bis common practice to 

{iray for the king, that God would preserve 
lim from all his enemies. 
L. C. J. And we say the same thing too. 
Hudson. And that Uod would remove all 
evil counsellors from him. 
T.. C. J. Ay, no question. 
Hudson. And cstjihlisb bis throne in rigbte- 
ous-ness, and lengthen bis lite, and prosper his 
reign ; and he uschI to pray as heartily and as 
savbinly for the king as 1 ever heard any man 
in my life. 

Xl C. J. So there was praying in this hall, I 
reniemJMT, for his late majesty ; for the doing 
of bim justice : We all know wliat tbat meant, 
and wliere it ended. 

Ros. Mr. Crier, pray call Mr. George Hill. 
fWbo came in.] Mr. Hall, were vou present 
iiiiis i4ib day of Sflcptember at Rotherhitb ? 



Hall. Ves, Sir, I was. 

nos. When I expounded npoD the SOth of 
Genesis?— Ha//. Yes, you did to. Sir. 

lios. Pray will you lAfonii my Uwdi wh«l 
you beard me say r 

Hull. I will inform them to the best of mj 
tnemoiy. 

L. (;. J. What trade are you, friend? 

Hull. I am a meal-man, my lord. 

L. C. J. Well, what say you ? 

Hall. The I4tb of Septcmberlast it WW m 
lot to bear I^Ir. liosewcli expound the SOtt 
chapter of Genesis ; as it was nis iisnal ooune 
to expound a chapter. 

lim. It was not of choice, but taken in 
course. And pray what do you remember was 
said by me atwut two wiekcil kings ? 

Hall. Sir, I remember vou bitmght a scrip- 
tun* cone<'niing Jebosliapdat joiniug with two ; 
I first of all with wicked .\hab, and atierwanls 
I with wicked Atiaziab bis son; and you TOored 
! it out of 2 Chron. xviii. chap, and 19tn and 
'iOtb verses. 

lios. Do you remember there was any one 
word spoken of the kuigs of England ? 

Hall. There was not one worn of hia present 
niajesty, nor his father, nor any of the kings of 
Kri'glaiid ; but of the kings ot' Israel, Ahab and 
bis s<iii. 

lias. Well then, concerning Jeroboam, what 
do yon reincm'ter of tbat? 

Hall. As to Jeroboam — * You were ex* 
pounding from the 7tb verse of the 20th chap- 
ter of Genesis — And in the 0{K;ning of that 
7tli verse among several texts of scriiAnrCp 
Mt. Itoscivcll bad this Note,— Ilokl— nlaro- 
boani — 

L. C. J. Ay, about Jeroboam. 

Hall. My memory fails me 

L. C. J. Ay, so rperceive it doth wonder^ 
fully. 

Hall. As to Jeroboam, be brought a text 
from the 2d book of Kings, the IStb, and tba 
former part of the chapter. There was a man 
of God tbat came to Bethel, and prophesied 
against Dan and Iletbel, and there were theta 
wonls, tbat Jeroboam — 

Ros. He bad bis band dried up— 

L.C.J. What do you mean by that? If 
your witness be out in bis story, must ' jo« 
prompt bim ? Go on, friend. 

Hall. He prophesied, tbat the bones of tba 
priests should be laid upon the altar and bnmt» 
as tve rea<l in that text of Scripture, 2 Kii^ 
13, and the beginning. And Jeroboam was 
there, and put forth his hand — and bid some- 
body take bold of him — Whereat the hand of 
Jeroboam dried up. 

Ros. If it please your lordsbipi I will call 
another. 

L. C. J. Ay, ay, you may set bim going, fov 
he IS out. 



*' *" This witness was wont to say, that i 
person or persons pinched his legs as he waf 
giving bis evidence, which oocaaioned theao frfr 
quent breaks.'* Orig. Edit, 



197] STATE TRIALS, 36 Charles IT. l6U.—far High TnasoH. 



[19S 



HM 

fiiitfaer. 



If it please yon, I can g;o a little 
I have something to say. as to 



L. C. /. You had best go out, and recollect 

jounelf; you haveforgoc your cue iit [i;-c- 

tent. 

Rm> Mr. Crier, pray call Mr. James Atkin- 
son. I^Vho came in. j 

L CT. J. You, Mrs. 8mith, I will ask you, (I 
wiH not ask him himsdf, because lie may ac- 
CQse himself by it) Is this the miller, at whose 
bottse oneof the meetings \Tas ? 

SmkL No, my lord, the former witness Hud- 
son is the mtUer where he preached . 

L. C. J. Well, what do you ask this witness ? 

Ro§, 3Ir. Atkinson, were you at uur nieetuig 
the 14th of September last ? 

Atkuuiuu Yes, I was there the 11th of Sep- 
tember. 

Rot, Were you there at the beginning ? 

Aikkuon. I was there from the beginning 
to the end. 

JL C. /. Pray, what trade are you. Sir ? 

Atkinaon^ My knd, 1 am a mathematical in- 
stniment-mAker. 

Roi, What chapter was 1 upon ? 

AikiMMom. The SOth of Genesis in course, 
and not out of choice. His usual custom was 
lo expound a chapter before lie preached. 

Am. Pray, what do you remember was said 
by me of two wicked kings ? 
" Atkimon, Of two wicl^ kings ! I remem- 
ber that was upon the second verse ; how Abra- 
ham said of Sarah his wife, * She is my sister :' 
and upon that Mr. Rosewell had this note, 
' That a efaOd of God may fall into the com- 
^ miasioo of the same sin again and again, after 
^ be had been reproved and smarted for it.' 
And he qooCed several instances ; as that of Lot 
committmg incest over and over again ; tliatof 
Feter denying his lord three times ; that of 
Sampson out of Judges taking two wives 
uaoDg the Philistines, one after another : and 
then Quoted tliat of Jehoshaphat joining with 
tvo wick^ kinffs ; Ahab, in the Qd of Chron. 
xriii. chap, anu afierwards, though reiiroved 
bjr the prophet Jehu, he joined with Ahab'b 
vidwd son Ahaziah. 

B4fi Pray, what did yon hear of the king of 
EjHdaod? 

JUkinson, Not a woni, nnlcss it were in his 
Mycr ; in which he always used to pray earn- 
tM^ for the king.* 

Bm. Wliat do you remember was spoken 
iboot the king's evil ? 



Alkinson, 7'here was an expression concern- 
ing the evil, upfin the 7tli verse ; ' he isapro- 

* |»l)et, and he shall pray for thee, and thou 

* Shalt be healed.' And lie had this expression 
er to this same effect, for 1 hope you cannot 
expect 1 should speak every word exactly ; but 
I shall endeavour to speak the sense, and the 
truth, as near as I can, and nothing else. He 
said, the prayers of God's prophets were very 
prevalent for the hiding and helping others in 
time of need. And he quoted severalinstauces^ 
as that out of the prophet Jeremy, xxvii. chap, 
and li^Hh verse, to the best of luy remembrance. 
And he also quoted that of the 1 Kings 13, con- 
cerning Jeroboam. The Prophet came tn re- 
prove him, and Jeroboam sfretclie<louthis hand 
a^raiiist Inm, and it dried up ; and then he de- 
sired of the prophet to pray for him ; whidihe 
did, and his hand was healed. 

L. C J. Look you, what you say may be 
true, and so may what they sny too ; fur he 
miglit say both.' \ou user! to say abundance 
of g04Ml things, as well as some bad ones; 
therefore I would ask him this question, whe- 
ther lie heard any thing of the king's evil, or 
that had any reference to the king of Eng- 
land ? 

Aihlnson. This is all that 1 heard that comes 
to my memory concerning the king's evil : 
*• That a godly man by his pnivcrs may help to 
' ciu'e the king's evil, and thereby f the poorest 
* Christian inavirratify the greatest king,' as 
says our Knglish Annotator upon that 7th 
verse ; but I never understuud hira to mean it 
of the disease of the king's evil. 

llos. Do you remember that I preached in 
til is discourse about rams- hums, or broken 
platters? 

Atkinson. J did not hear of any stich thing 
tliatof J upon all that chapter. 

L. C. J. Hut 4lid you hear him speak of any 
such thing at all that day ? 

A t lunsoii . Y ex, i ny Ion I , I did . 

L.C.J, Cuinc then, let us have it. \S\u\i 
was it ? 

Atl.insvH. His course was, after the exposi- 



* See in this Collection the Arguments of 
Mr. Erskine and other counsel upon thepro- 
pQMd Eiamination of Daniel Stuart, when call- 
ed for the third time in the Case of Hardy, a. n. 
17M. See, too, the like examinations in lord 
Kmell's Case, vol. 9. p. 596, in Mr. Hampden's 
Cms, vol. 9, p. 107 1, of this Collection. See abio 
the two first questions which Fitzharris put to 
Smith, v^. 8, p. S50, all which, among others, 
aie referred lo by Mr. Erskinc in his ui^ment 
ia Hardy's Case as above. 



tion, to preach a sermon. 
Rt)s. Was it in the 



furcnoen, or in the after- 
noon ? 

Atkinson. Tt was at>er the exposition ; he 
nraycd, and then ceased fur a quarter of an 
liour. 

Rus. Was it distinct iu the afWnoon ? 

Atkinson. It u as another di^^inoi discoarse 
after the people had receive;l some refection iu 
the af>ernoon ; I cannot toll exactly t!ie time. 
Hut the discourse was preached from Hub. xi. 
1'2. 1 suppose that i need not repeat the 
wonls. 

L. C. J. No, no, 1 care not for that. 

Atkinson. Rut he thence raised this doc- 
trine, * That the great God canetfeet gieatmat- 
' ters hy very unliKely means ;' and he instanced 
in several particulars to prove it. As the mira* 
cles of Ciod wrought by Moses's rod -, and the 
wallsof Jericho falling down at the soiuid of 
rams- horns, in the Oth of Joshua ; aud then ht 



Rot, Yes, I own it was lo ; Init not at the 
other witnesses swear. 

Atkinson. Truly, my lord, I woaM not tall 
our tittle of a lie ; to the best of my remem- 
branee • 

Sol. (ien. Pray, Sir, let me ask you one 
qiiestiuii : I sec you are very perled ia the 
proofd of the serjiion ; did voii take notes that 
day ? — AtkiriMtn. No, I did not, Sir* 

}iol. Gen. Can you remember then any one 
observation that he made u|ion any other verse, 
d he nwke upon the 



199] STATE TRIALS, 36 Charles II. 16*84.— Trtir/ ofTkman Itmrntt, [SOO 

quoted that of Ciideon, a dreadful rout of a preat 
army by a few earthen pots ami pitchers ; and 
what a tremendous champion diet David smite 
down with a slinc^ and a stone ! 

Rm. I have this one question more to ask 
you ; did yon hear me s|icak any tfiini; of 
standings m their principles ? 

AlkiuHon. Not one word : ami I was there 
all that live-lonr; day, from be^innin^ to end. 

L, C. J. Then, Sir, I would ask yon a ques- 
tion or two, if Mr. Uosewcll have done with 
you ? — Ros. I have, my lonl. 

L. C, J. Tniy, what mom were you in ? 

Atkinson. I was in the same room that Mr. 
Roscwcll was, he stood at the door. 

Xn C J. "VVhaf, one pair of stairs ? 

Atkinson. Yes. 

£. C. J. is there not another room littwccn 
the floor, or the ground room, and that you 
were in? 

Atkinson. Yes, Sir ; there is another little 
room, a little lower than that. 

L. C. J. Was there a bed in that room you 
were in** — Atkinsim. Yes, Hir. 

X. C. J. Did you sit upon the bed ? 

Atkinson. I did sit upon the bed sometimes. 

L. C. J. Had you a mourning cloak on that ' 
day ? — Atkinmhi. Yes, i iiad. I 

L. C, J. Had you a mourning hatband ? 

Atkinson. Yes, I had 



JL C.J. Do you remember who sat by you ? 

Atkinson. No, my lord, I do not know. 

X. C. J. Do vou remember any iKMly gave 
you your Ixjys shoes from uuder the bed ? 

Atkinson. Yes, my lonl ; but 1 cannot tell 
who. 

L. C. J. ^\ ell then, I ask you, did you hear 
any mention m:i(Ie thiit day aliont Dalilah and 
i^amson ? -^Atkinson. Yes, my lord. 

L. C. J. You did ? 

Atkinson. Yes, my lonl, as an instance of a 
good man's falling twice into the same sin. 

L. C. J. Did you hear any mention made at 
that time concerning any other matter that you 
renu-mber .'' 

AtkinMn. My lonl, that i>f Samson and Da- 
liiaii u as one of the instances that I repeated 
iHjfore. 

L. C. J. Mrs. Sniitli, was it the same day 
that he spuke nbout canting ? 

Smith. Yes. it was. 

/*, C. J. Dtiyou remember, friend, any thing, 
that W!is s|M»ken by him that day concerning 
church -nuLsic ? ' 

Atkinson. No, my lord, not a word that day 
that I know of. 

L. C, J. Did }on hear any thing about cant* 
Ingthat ilav 7— ^Atkinson. Sio,nota won). 

L. C. J. )>i(l y)n lii'ar him talk any thing of 
surplices or \*lii'le gowns .^ 

Atkinson. No, my lonl, not one woni all 
that day; but that of* Samson and Dalilah, my 

/.. C. J. \uu remember that ? 

Atkinson. Yes, it was on«; instance of a good 
man's committing the same crime once and 
fltgain. 



Pray what observation dkl 
eighth verse ? 

Atkinson. None at all. 

Sol. Gen. What upon the 12th or 13th 
verses.'* 

Atkinson. I cannot tell ; I can apon tfae5di. 

Ros. Will your lordship give me leave to ac- 
quaint you with that.' 

Atkinson. He only explained that which was 
difficult ; but when it was a little historieal, 
he on I3' read it. But what he observed upon 
the second and the seventh verses, was the sob- 
suncc of the whole exposition almost. 

Att. Gen. Has noluidy read the notes of thai 
sermon to you sinei^ ? 

Atkinson. I endeavoured to recollect my- 
self, after I heard Mr. Roseweli was aocnsed ; 
and writ, what I could remember, down. 

Att. Gen. But did any body read theur nolei 
to you since .•* 

Atkinson. No, indeed, there has nobody read 
any notes to me. 

Att. Gen. Upon your oath how came you 
to remember the word Tremendous T 

L. C. J. lie is not upon his oath, BIr. At- 
torney. 

Atkinson. Because when he made auch short 
notes, I endeavoured to remember then; 1 
thank God I have a pretty good memory. 

Att. Gen. Ay, upon my word, a very strong 
one. 

Atkinson. He did use the word ' Tremend- 
ous champion.' 

Recorder. Had you and Mr. I^udsoa any 
discoursf* about this matter since ? 

Atkinson. Yes, Sir, we might talk what we 
did remember to one another. 

Sol. Gen. Did he write down the aennoa ? 

Atkinson. Yes, 1 suppose he did ; but I did 
not sit l>y him. 

Hos. Mr. Crier, Pray call Mr. William Smitb 
[Who came in.] Were you at thia meeting 
the 14th of September last ? 

Smith. Yes, I was, Sir. 

Ros. Pray will you acquaint my lords, what 
you heard me say there Y What chapter did I 
exjMund ? 

Smith. The 20th chapter of Genesis. 

Rns. What do you remember of it ? 

Smith. I remember the chapter coooenied 
Abraham and Abimeleeh. 

Ros. What did you hear of the people's 
flocking to the king to cure the king's eril f 

Smith. 1 heard no such word. 

Ros. Or that his majesty could not cure the 
king's evil ? 



1 1 STATC TRIALS, S6 Cit ABLES II. l684.— /or Higk TnatM. 



[SOS 






Ko, Sir, liot a word of it. 
Did Tou Ucar any tbb^ at all concera- 

ik. Str. I'oii iriil liuote st^mclbbg out of 
^•imolat :4^s evil. 

Ao«* Uo ^ ; >vhut ttiat was? 

Smith, I uaanul reineutber it Mty at length, 

Ri I- i! you uodfrslaiiij it a<i mc^nt uf 

Ihtki , vr of the evil of A hi lae lech 

Smiths 1 did not understatid it of ttie diseaie 
s^CAlied ; but of the evil nf Ahimelecb. 

Jto$€4f)tiL What did \ou hetir coitcernitig 
|mils aod prophets ? 

^mitL You s«id it was the function of tbe 

^ fiPuv lor ihe |)00|lk*, 

II you remember was said 

OC two \\\' 

Sm ii«i n»;ike menlioiiof two wicked 

lan^« '\ Aha/.»»fi ; tJiat Jehoshanhat 

'h them one after atiather, 
reatiy thiti|^of tbe kingn$ 
•f Ellfiatid, or ui uiy Hovertigu f 
SbdiA, N*>, lint at alt, Sir. 
X- L\ X Did you hear anything concerning 
Jerobuun ? 

Smm, Y«>thtifJ^ *"-i^ ^tretchcKl forth 
|hs liaml* and hi% hiria i ; and tin* ]iro- 

fl»t pnyed for him, ..i.-. ...- .-.iad was restored, 
L- C J, Did you htar any lliiugin the ex- 
^tallififi ^ifltn^lrn i»Itrhi'i'&, I meaii in the forc> 
OMv 1 iiunk nut* 

L. i I .( juu hear of tbeiD ; and 

mhmf 

SmitL To tlie beat of my remembrance* it 
^tm» m tJte allemoon ; That God could tlo 
gfWil oMUcfs by smalt means ; and sou quoted 
jmtll i4ifti||^. I did not stand weft, so tliat 1 
'1 imtbetf all the f>articulars. 
X* C» X But whtit did you liear ? 
lUteweiL Pray did you hear any wortl ot 
ortir ' * f'Hr principles, or of overcoming, 
that I '/i. iNo, I did not. 

Jii " If seeuiA ) oti did not stand 

ia*L ir. 

liiL ' 1 ler, pmy call Mr. William 

&t(«». [ W hich ho did, but lie did not appear 3 
Crier Hi? is not here, Sir. 
Km^&ttL Pmy, 8ir, csiil Mr. Cieorvre Hales 
AcB. [Wb'> came in.] Were you this I4th 
liy ' ' kT at ihia meeting. Sir ? 

li I was, 8ir. 

hoica^l. Ucre yon there from the begin- 
»!» tbe end?^>ftf/ef, Yes, 1 w»^, 8ir. 

nfmewtU, Pray llieu will you tell my lord 
ute you heard me say, with refereuce to flock- 
ifigtDtlie ^'' '/ >- 'T'"v- »«. kiugf'j* evit 

Buiei. I you sliould say 

«f {i#op)e'>. ;i- „ ,, :. :....- ; but you were 
iMkiaiC of tbe king's i*vd, and that was thus : 
Jly lonl, it was fr<no tbe 7lb verse of tbe 20tb 
CUJMtr of Geiiestis, He ik a ]»ropbet, and 
•Inil prmy for thee, and thou shalt be healeiL 
God ia speaking to Abimelech in a dresiui j 
ud iiWr a httle uaraphra^ upon the words, 
He* RowvrtU aid. That a godly man's prayer 



waa a sovereign cure for tha king's ovil ; and 
quoted somescripture instances, an in 1 Kingly 
where God having sent a insui of God to re- 
prove Jeroboam for hi« idolatry, he atn-tcbed 
out his hand, and bis band withered ; and he 
desired tbe prophet to pray to the L<ird bis God, 
that his hand inigbt be restored ; and accord > 
ingly it was accomplished. 

HQUiiidI* Did you hear any thing of the 
kings of England? 

Hiilu, No, not one word all that day ; only 
you prayed for his majesty, as you used to do. 

lunevfeli. What do you remember was said 
about rams- horns > 

Hale$. I remember you were preaching out 
of tbe xi. Heb. 12, and thewot^a wereUiese, 

* Therefore sprang; there of one, and bitn aa 
*■ p^ood a^ dead, as many as the stai-s in the sky 

* Tor multitude, and as tbe sand upon the sea 

* shore innumerable/ From whence be had 
this observation, That God is able lo bring 
great matters to past by small means. And 
so accordingly Mr. flosevicll instanced how 
the walls of Jericho were shoi^tk down by tlie 
sounding of rams- horns ; or somotlung to that 
puroosc. 

Kit^eircU, What do you remember of broken 
platters ? 

Hates, I remember you brought In an in- 
stance concerning Gideon, and I tbink it wi 
thus, that by breaking a few earthen pitch€ 
he rouletl a great army. 

lioxcwtiL And so 'of a stone and a sling* 
But was there any thing of standing to prin» 
ciples ? — Haitt, Sot a word* 

L, C* S, As yon heard ? 

Hules. That't heard. 

L, C. J. Or that you remember ? ^ 

Ua!c$, Yes, my lord. But you said, What 
a tremendous champion did Darid slay with a 
sling and a stone* 

/>» C. /. Did you lake note* f 

Hates. No^ my fowf. 

L. C. J, Then pray bow came you to i 
member that word trenicfidons ? 

Hahi, I do remember he did use that word. 

L. C. J. Have ymi hud any discourse about 
this matter since ? — Hales. \^e8, 1 have, 

L, C. J. With whom ? 

Hales, With several fnends. 

X. C. J. Did v«u discourse with Atkitiaofi 
about h?— Hales. Yes, I did. 

X. C X Did you with William Smith P 

Hates, No, I do not remember I did. 

L, C. J, Did you discourse with Hudson ?^ 

Hales^ I canuot say 1 <lid. 

Att. Gfn. Nor you cannot say you did not;! 

X. C. X Did voii hear any notes read ? 

Hales. I thlnt 1 did. 

X. C X W^hose notes were they you beard f 

Hales. Thomas Huditou^s notes, I think; 
I am not sure of it. 

X. C, J, It is so hard and didicuU to giet 
out the truth from tliis sort of people ; they do 
60 turn and wind. How lung aftrr the sermon 
was preached was it that you heard the nofea 
read ? 



I 



905] STATE TRIALS. 3ti Charles II. l6S4.^Trial ofThmoi Rotmeli, [9M 



Ilahn, I wu in the connlrv when Mr. Rose- 
wcil was taken ; and when 1 came home again, 
I heard of it. 

JL. C. J. Hut you did not remember it till 
after he was takkn ? 

Htih&, No, my lord ; and I read the chapter 
mysclt*, nnd rcmfmhcred these things. 

^v»/. Gen. Pray is the word tremendous in 
Hudson *s iiotvR, or no ? 

i/a/(..<i. I caiuiut tt'Il whether it he, or no. 

Att, Gen. Pray, when was the next daj 
after this ? 

HuUs. I cannot tcil. I was in the country. 

L. C. J. Did he take notes in long hand, or 
short? 

A Stranger that stood by. In characters, 
my loixl. 

Att. Gen. TI:;ve you not heard Iiiiu preach 
since that time :' 

Hales, Sir, I went into the country soon 
after. 

Att. Ctn. \V here was his test at auy other 
time, can you tell ;' — Hales. No, I caunuf readily. 

Alt. Gen. Nor what he diacoui-sed upou.^* 

Hales. Asm any particular time I caiuiut. 

Att. Gen. Do not you remember his text at 
any other time? 

L. C. J. "When was the time before this 14th 
of JSeptember, that you did hear him pi'each ? 
You have heard him before ? 

Hales, Ye», my lord, I have. 
• X. C. J. Was that upon a Sunday ? 

Hales. Yes, it was. 

L. C J. Did you hear him the Sunday be- 
fore ?— //.//*'*. Yes, 1 dill. 

L.C.J. Well, what did he preach upon 
then? 

Hairs. This I know, that in his course of 
reading and exposition, he was upon the 19th ! 
of Genesis. I 

/.. C. J. What was his discourse upon that 
rhaptiT ;'—//«/«. That I cannot lell. j 

/-. C. J. Nor the day afterward ? 

Hairs. No, my lord. 

L. C. J. Upon my w ord, you have a lucky 
memory for this piir^jose ; to serve a turn, it 
4-an just hit to this very day. You arc very 
puiu'tuully instructed. 

Soi. Gni. Do you remember any other part of 
the sermon of il'iig day than what you have re- 
lated .^— //«/«. Yes. 

L. C. J. Ay; tell us what you remember be- 
sides. 

Hales. I must coiisidcr a little ; I am not so 
i-eady at it. 

L'C» J. Ay, come let us hear it. 

Ros. These things he might have more oo* 
'asioii to recollect by reason ofmyjcharge. 

L. C. J. You say right, jnsl occasion for 
tl>is purpose. But 1 thought these men that 
have such stupendous memories as to (ell you 
th«y remember the chapter and the \erse, and 
particular words, when it serves a turn, might 
remember something before or alter, at least 
in the same sermon. Why do you think they 
were enUffhtened to understand and r<'nu mber 
that one day more than any other ? Tlicv can 
8 



remember particularly as to sochthingK, and 
can clan it together to answer such particular 
questions ; but as to any tiling before oj: after, 
they are not prepared. 

Just, lilthins. Have you any more wit- 
nesses, Mr. Rosewell ? 

Ros. Mr. Crier, pray call Mr. John Warkw. 
[Who came in.] 

J ust . Holloway, Where do yon dwell, W bar- 
. ton?— ir/iar/oii. At Rotherhitli. 

Just. Hnllou-ay, What calling are you of? 
W/utrti/H. A gardener. 

Riis. Wei-e you at the meeting the 14tb of 
> SeptcnilxT. — Wlutrton, Yes, I was, Sir. 
j Hoi. What do yon remember, pray, of the 
! ex|K>aiuon then concerning tlucking of the 
! people to the king to he cured of the king's 
: evil ? 

I Wharton. Sir, I do remember upon your 
, exposition of the 20th of CSencsis, yqu were 
j s|ieakiug concerning Ahimelech king of Gerar ; 
and you took 3'our exposition thus, that 
Ahimelech had taken away the wife of 
I faithful Abraliara, that 1 do remember jery 
well ; and that you did say in your expositioii, 
that the prayers of tiie prophet were preralent 
for the curing of the king's e\i\. And then 
you brought your proof, to the best of my re- 
membrance, concerning king Jeroboam : that 
JerolKMim stretched out his hand againsl the 

Erophet of the Lord , and that the king cried, lay 
old of him, when he came to cry against the 
ahar at Bethel, and his hand dried up ; where- 
upon the king desired the prophet to prsj to 
the Lord that his hand might be restored ; and 
he did so. This was the exposition that you 
I madcu]Mm that verse in part. 

Roit. Do you remember any thing of com- 
paring the king of England to Jeroboam ? 

W /tartan. 1 do not remember any anch 
passage. 

Mas. Do you remember anything about two 
wicked kings? 

Whartvn. I do remendter this passage, cod« 
cerning Jehoshajdiat, that he had fallen twice 
into the simie sin, by taking part, first, with 
wicke<l Aliab, and tfien witli his wicked sod 
Aha/jah. 

Rus. Was there any thing of the kings of 
England mentioned in this discourse ? 

Warton. No, nothing. Sir. It was but an ac- 
cidental thing that 1 h»;ard you then. I heard 
nothing of thi; king of England in your ex- 
position or .<iermou, but only in your praycra ; 
when you prayctl for his long Lfe and happj 
reign.* 

X. C. J. Did yoti ever hear him before that 
time? — W/uirtun. Yes, my lord. 

L. C. J Di<l you ever hear him since ? 

Wharton. Yes, once since. 

L. C. J. Now let us know his text, and the 
sulyect matter he was upon since. 

Wharton Truly, as to the time since I dkl 
not take much account ; for I did not write. 

L. C. J. Canst thou tell us of what past at 
any time before ? 

'Wharton. Once before I heard him u|K>n the 



«5j STATE TRIALS, 36 Chables II. l684.— /or High Treaam. j 20(i 



or. of Genesis, where he made his exposition 
—Truly, I have not any notes 

I.C. J. Then hark you, friend, baie you 
spoken mth any body since that 14th of Sep- 
tember that did take notes ? 

Wharlon. 1 am not acquainted much with 
them that were his constant hearers, that did 
t^e notes. 

X. C. J. But answer my question that I ask 
yoa ; did you erer discourse at all about this 
matter, and with whom ? 

Wharton. I came thither by myself, 1 say ; 
I had not much acqaintance with them. 

JL C. J. Nay, do not pre?aricate, friend, 
with tiie court, but speak the truth out plainly. 
I ask you in the presence of Almighty God, 
did you ever speak with any body since tlie 
14th of September about this business ? 

Wkartm. Mr. Ilndson did speak with me 
about it. 

L, C. J. Did he read his notes to you ? 

Wharton. Yes, he did. 

L.C.J. It is a Strang thmg*, truth will not 
come unt without this wu%-drawing. You can- 
not help this canting for your life ; this is cant- 
ing, if ymi would know what csntinff is. Did 
ym erer speak with Hales, or Atkinson, or 
tr Smith about it. 

Wharton. 1 do not know Atkinson or Hales, 
1 know Mr. Smith, but I nerer spoke with liim 
about it ; nor he with me. 

JL C. /. >Vhen was it that Hudson and you 
spokelngetber of this thing ? 

Wharton. It vras last Thursday. 

£. C. J. Did he come to you, or you to 
him? — Whmrton, I met him. 

L. C. J. Where did you meet hiro ? 

Wharion. At Hotherhith. 

L. C. J. Did he speak to you of it first, or 
you to him ? — Wharton. He spoke to me. 

JL C. J. Then I ask you (and remember, 
though yon are not upon your oath, yet you 
veto testify the truth, as if you were upon 
voaroath) did he mention any thing of Jero- 
vma?^Wharton. Yes, he did. 

L C. J. Of Jehoshapliat? anti of Abime- 
lech? 

Wharton. Yes, he did. 

L C. J. Did you mention any of these things 
10 him? 

Wharton* Yes, Sir, I repeated nnore then 
(Un I ha>e done now. 

Att. Gen. Was your meeting accidental or 



Wharton. It was accidental in the street ; I 
^well below him a great deal. 

Att. Gen. And where was it? 

Wharton. We were talking in the street. 

Just. Withins. Did not you go into some 
hoasr? 

Sd. Gen. Had you any discourse at that 
^ of being present at the trial of Mr. Rose- 
" €h r 

Wharton, Mo, I did not know any thing of 
ittiU I nw the Subpoena. 

W. Gen. Before vou discoursed with l/uu 
^^ you remember all these things ? 



Wharton. Yes, I could remember them aa 
well as he ; and a great deal more then. 

Alt. Gen. Then cannot you remember wliat 
was done the next day ? 

Wharton. No, I cannot. 

Att, ixcn. How came you then to remember 
so well what was said that day ? 

Wharton. Bccaus^c there was a reukUikabU 
passage, that 1 had never heard before ex* 
pounded. I had not staid at tliat time, but 
that he was expounding of a very remai'kable 
thing, which 1 had never heard expounded be* 
fore. 

L. C. J. Have you any more witnesses, Mr. 
Rosewell. 

Res. I have some witnesses to call more, if 
your lordship pleases, to testify concerning my 
life; and that J always prayed for the king, 
that God would crown him" with grace here, 
and glory hereafter ; and that he would re* 
move all his enemies from him. 

L.C. J. Ay, Mr. Rosewell, first remove all 
his friends from him ; and then remove his evil 
counsellors. 

Hot. Pray, Crier, call Mr. Charles Arthur. 
[But he did not appear.] 

Just. Withins. Come, it seems, be is not 
here, call another. 

Ros. Call Mr. Tliomas Jolliff. [Whoap. 
pcared.] 

L. C. J. What ilo you call this man to? 

Has. My lord, this person I call to testify 
with iv?spect to my conversation and carriage 
towanls his majesty and the government. * 

L. C. J. What is yoiir name, Sir ? 

Jolliff. Thomas JolKft'. 

Just. Hoi. Where do you live. Sir ? 

JollifT. In Mary 3Iagdalen's parish. 

i. C. J. Why not St. Mary Magdalen's ? 

llns. He is my neighbour, my lord. 

L.C. J. But, I suppose, he thinks tliat 
would have made the name so much the longer ; 
or else, he thinks that there is popery in calling 

it 80. 

Jolliff. No, my lord, 1 have called it a hnn- 
dred times, and a hundred times, St. Mary 
Magdalen. 

L. C. J. Prithee then do it again, it will 
never be the worse for thee, I dare say. Well, 
Mr. Rosewell, what do you ask him ? 

lios. Pray, Sir, will you testify what 
you know of my conversation towards the go- 
vernment, and particulariy towards his majesty ? 

Jolliff. My lord, in the time of indulgence 1 
have heard Mr. Rosewell once, or twice, or 
niore ; and I heard liim pray for the king, and 
the peace and welfare of the nation, as heartily 
as ever 1 heard aiiv minister in England in my 
life. / 

Ros. Pray, Sir, for my conversation; Did 
you ever heiir any thing of my disloyaJty or 
disaffection to his majesty, or the government ? 

Jolliff'. No, Sir, 1 never heard any thioff of 
any disloyalty, or any sucii thing in my Hie ; 

* See Hnrdv'v case as referred to in the note 
to p. 197. 



QUI If 

m 

mail 



I 



I 



but ftll the parUh will g-ive you an ac€ount^ 
that you have bt^haved joursetf* as an lionesl 
lUAn ; aurvil I [lever knew (lmt« ettlier iu i^tiril 
or deed, you were necuaeil of iitiy di^layaltj, 
Aod, njy lord, it' you |>le.i^ Ui j^ve me my 
oath, 1 ivill swear it ; tor it is tlie same thing 
to me to te.stify liere iti such a court under ao 
Oiit1f« or without it; fw I ought, I know^ to 
^ Itify the truth. 

Hos. My loril, I am oonfident lliut what he 
B he would swear : and he is a very hoticst 



L, C. / Well, Mr. RoHe^vell. if you have 
anymore witiiesfteK, call them ; aod make what 
mnarks upon the evideijee you pleoiic afler* 
ward»» tor this is Dot llie time tor umkio^ re- 
marks. 

Rot. 1 humbly thaukyour lordship for your 
gr^tt favour. 

L, C. J. I do not speak it to cramp you 
Id your time ; but call your witnesses, and then 
make whnt ren^arks you will : For God forbid 
we should hinder you from taking your full 
time ; toi' you stand here for your Ufe. 

Rat. U Mr, Winaacot here ? [He did not 
»ppear.1 Then pray call captain Hichard 
Cottoo, [But he didnot apjicar.] Cult Mr, 
Thomas Fipps. [Then capt. Cotton appearwl.] 

Rot. Thus prentleman, my lord, hath known 
me for severaTy ears. Captain Cotton, 1 pray 
Sifi will you sneak what you know ot my coU' 
versalion and life, and loyalty, i»1th respect to 
the king and g-overnment ? 

Cotton. My lord and gentlemen of the jury, 
of late I have not fre<[uented I^fr. iio«eweirs 
company, or his cotip^egation ; but when the 
door stood oiiea> without opposii lion, I have been 
tliere ; and have heard him pray for the kin^ 
and government several times ; and bless God» 
that we live«l underso peaceable a prince, when 
all our neighbours were in blood and war. 

Roi. Pray, Sir^ have you ever heard, that 
aither in word, or deed, I should ever declare 
tglklit his majesty or the government f 

Cotton. No, I never heard any siucU thing 
in my lilc ; but what I heard now upon this 
trial up and do^ n the hall, as I was walking 
below , 

Just. IViihim. flow long ago is it, that you 
speak of. Mr. Cotttm/ 

iJot!itn^ I was abroad most of thptirae at sea ; 
but this was three, or lour^ or live years ago. 

Just, Wifhm. iVbai lime was that 1-' 

Ct/tt&n. It was in thetiAie ol'thc indulgence. 

Just, Withins. Ay, then, it may be, be could 
speak kindly enough of the government. 

Ros. He has knowa me thessaten years. 
Have you not, Sir? 

Cotton. Y'esj I believe 1 have* ever since you 
came thither. [Then Mr. Fiupeieame in,] 

Ros. This gentleman has known me sere- 
J*! years, have you not, Sir f 

tippt. Ye», Sir, 

Rat. Pray, Sir, will you give my lord and 
the court an account what you know of roy 
life and conversatiou, and of my loyalty or dia- 

tnjf«!t V tJi th^ IriiMT Ijy tfOHOfiillftilflt f 



F'tppi, My lord, I have known tbia 
man divers years. He lived in Wtllabirci, _ „ 
there he ha J tlie reputatKin of a rery Itooest 
man, af^ood )»cholar, and a \m\\iK man. I nearer 
heard him preach in my liti T • 

go to conventicles; butt ht^ 
where I have heard hiui priv ; 

and there be pr\i yed very earno- * 

and governiuent, fort! ' • " 

I came to London h» 
hds been herein Lou^ 
has bpcn often in m > 
tbf late tmjcs, the Btt I 
bo<ly did take liberty to say what li" 
of the king and goveiTiment ; 1 !• i 

often in his company, and heard hiLii &pt.ik 
with a great deal of respect of tlie king, ami 
of the govenim«uit, and ihauk God for the h^ 
berty he did cujoy, and the protection ho bad 
from the govi^rnment \ but I never li ' ' n 
speak an dl word of the governor ^ 

life ; and I have known him as much <^A «AiM.ir) 
as any other man that was not his bearer ; he 
was always reputed a very ingenioua man, 
and that is all I can say* 1 never heard or 
knew any thing of ill ot him inmv lile. 

jRflf. Pray call »lr, Caleb Veenng. [Wlio 
came in.l Sir, you have known me aerenl 
yt^rs. Pray be pleased to te^iiiy to mj lonl« 
and the court, what you have known of my 
conversation ivith respect to his maje^y aiid 
the government. 

Vccting. My lord, I hare known Mr. fiooo- 
well these several years ; and I hare bec» in 
company with him upon the oci t ■ rrccir* 
ing money on account of rem id of 

mine ; and likewise have bearil M^.i ^^'iHtetiy, 
when he preached publicly ; and never tievd 
any thing from him that reflected u(>on the |r^> 
vemment, or shewed any disrespt'H to tlie king. 
I hare beard him pray often very hcariily for 
the king, and he never mctldltfd with any pub- 
lic busintss, nor spoke of any news wluk 1 wia 
eonceroed with him, 

Ros* l^y, Sir, did you ever hear of any ill 
I should speak of my sovereign ? 

Veering. I have ficanJ him often pray for 
the king and government \ and I nevar hemrd 
any man say that he did otherwise, or that ever 
he ftpoke an ill word conceroin*.*- any of thofti* 

Rm. Call Mr, John lJiiLh<.<ock. (Who aum 
in.] — Sir, you area gentleman that hti*^*' t^t.^wT* 
me lor several vearsi \ pray, will ^ 
what you have known concerning niL 
you have heard or known any ill of my con- 
versation towards the king, pray speak it out« 
and let me be shamed before God^ and lliii 
gpreat assembly. 

Hitchcock, I have known him, my 
several yeai's, and have heard him formerlj 
though not of late ; and when I heard Vn^ 
he used constantly to pray for the Ling ai 
govenimenl ; I never knew him to s{h i«k ai 
thing against the king and gov t)rnmctu in 
life, but always sp4>ke very w orthily of tliei 

Kof, Have you heard me oftou pray for tli« 
king? ^— 



i 



9D9j ' STATE TRIALS, 36 Charles II. l684.-/or Nigh Treaton. 

HHcA€Ock, I have lo, Sir, a great many 



[210 



Ros. How long' is that ago ? 

Hitchcock. Alwut two or three years aj^, 
nv h>n] : and I never knew him to be but a 
fWT worthy gunth*man. 

Rm. Vnkf call Mr. Michael Ilinmati. 
C^bo caroc in.] Mv lord, here is another 
HEDtSetnan that hath known me several years, 
my, Sir, will you speak what you know of 
■y cooTersatiun, with respect to his majesty 
aid Ibe gvi\iTument ? 

Himmun. My lorJ, I have known him many 
jwi, and been in hjs company sr-vnal times, 
Mincrer ficanl him speak any'thin*^ of ill rc- 
IHb^ to tlic king or government. 

Jm. Pray, 8ir, have you not liecn (upon 
use occasions) present where I \m\v prayed ? 

Uiftman. Yes, Sir, 1 have hcanl yon pray ; 
■i I have heard you pray for the king very 
bnitfly. 

Bm' Have vou heard of any evil I should 
otfKr say or do ? Or any thin^ by word or 
ini against tlic king or government ? 

HinmaH. No, never in all my life, one way 



Mm. Phiy call Mr. Nicholas Wanlcy. [Who 
CHKiD.] Sir, you bate known me lor these 
Wtn years ; pray will you be pleased to 
ifaBtiie triitli of what you know of my con- 
hbmmb, with resfiect to the king and govern* 

lUty. My lord, I have known the pri- 
Mffttthe bar sc^veral years ; I have been 
ipfHMli IB Ills coin p my ; and never heard 
titt^oltB in word ;i^»mst tlie khig or go- 
VBOBril it my lile ; but have ot)en heard 
!■«■& dial the kiu£r niigbt live, and have a 
l^faidiiro»pen>iis m^n : I never heanl him 
■f aedi worci ot the governnunt in my life ; 
k<«hny% when he sftokc of it, it was with 
difherrspeirt that anv person cnuld do. 

Mm. bid y ou e\er fiear from anv utlicr per- 
Mii dinMTtly or inilirectly, that I [iu\e spoken 
Rieetively upon his mnje^ty ? 
WnUgy. Never in my lite, my lord. 
Mm. One w ay or cither ? 
Vfl«/f». \o, not any way at all. 
Mm. rny, call ^Ir." John Stnuiff. [Who 
jffttrcd.l * Sir, you arc a geiuleman that 
IlKknowu mt.' iiianv ^oarstiMi, w <>r IJ ycai«, 
tWiievc. — 6'-'r»'/f.e. \es. Sir. \ 

. Mm. Praj, wiii \< 111 tell my loni, and the i 
}qr, w bat you know of nu> with respect to i 
I^Mia^iuur in word or deed, in rtltriiicc to I 
JK Majesty, nr t hi' government f j 

Aroa^.'Sir, I hate heard you teach several 
iKsfonnc-ri^ ; I wris not at this time indeed 
jh wbirh yoti rkow staml accuseti) at tlipt 
jMk : But* I never heard you sjwal: u wdrd 
■B'iM' hia mujcoty, or the government ; liiu 
always prayed very earnest! v for his ma- 
r. * ' 
L Did you ever hear tlu«t I sltfuild iiay 
fcin^ iU'of the king or (>'o\L'rnuitMit '' 
rmig. No, never. 
Mm. CaBMr. Joho Cutloe. [Who appear- 
TOuac 



ed.] Sir, you have known me too very many 
years: What do \ou know, pray, concerning 
ray behaviour towards his majesty and the go- 
vernment? 

CutfiK', My lord, I never knew him sjKMik 
one word disrespectfully of the government, 
or the king, in my life ; though I have known 
him some years. 

Rot. Did you ever he-ar from any Ijod}*^ else, 
that I did speak ill of the king or government 
directly f»r indirectly i* 

Cutloe, Mi», never a wonl, I assure 3'ou, Sir. 

lio'i. Have you been where you have heard 
me iiray tijr his mnjesly ? 

Cut he. Yes, Sir ; I rememlier at Bristol 
once occasionally 1 heard you in the time of li- 
berty : otlii-rwi-ie I canitot suy I have heard 
you. But 1 never hc«Fil any thing against the 
government *, but you always behaved yourself 
loyally and |>eaceaLly tint 1 know of. 

lios. Call Mr. Charles Melsum. [Who ap- 
peared. J My lord, 1 call this gentleman, who 
will accpiaint you that he lived with me many 

{rears in an honourable lamily, a pei-son of qua- 
ity of this nation, one of the JIuu^erfbrdB^ 
where, my loni, I was tutor to sir Ldward^s 
son for near seven years ; a gentleman well 
known for his great loyalty to the king and go- 
vernment : So that if I had been such an 
enemy to the kini^, or so di8affecte<l as these 
people would make me to be, sure he would 
never have entertained me. Pray, Mr. Melsum» 
will you phrase to acquaint my lord, and the 
jury, how many years 1 was in thatikniily p 

MtfiunL Seven years ; and I was above 14 
myself. 

Ras. Pray, what do you know of my car- 
ria^ in that honourable family, with respect 
to tlie king and government ? 

Melsum. As far as 1 know, for my Hie, I 
will declare. I do not remember he did trouble 
himself, or meddle or make with any man's bu- 
siness but his own. He was a man that kept 
iiiurh to his study : And when he came* up to 
prayer, heprajied licartiiyibr the king; and had 
tiie rfO(Ml wonrorall his neighbours tlicreabout. 

l\in. Have you ollen heard me pray for the 
kinir .' 

J/' <•'/.'. 1 liive heard him a hundred times 
pray \<,\' l!ie kir^:^: I never missed pniyei'S when 
I J wu <i at huiuf; and it was his constant practice. 
i L. C. .'. Dill Ik ]>niy in the lauiily then ? 

MiffUitt. \ Cs", h.rdid. 

L. i\ J. i)i«l he I'M- iti go to church ? 

.'/i />■.•'••. N »*s, hi* wont t" clniirh, to the be- 
^iiir-iiiitr ollh'^ prayMs ; he did Irequi'ntly at- 
t**ud d'vini"*«*T'. !v«f. 

L. ( . J. I»id In n.cei'.ctlic sacrament in all 
ll>:»t tJ|»ii.' .' 

Mil.M't;. Vrsj I hilio*.- ].u diti ; I cannot 
savit dip ciy. 

.h'fi.. 1 \* ;fs u vniv \:\i\i uttriidi r upon the pub- 
lic iiiinistr\ . Itisnc)\v Jmw iid<»z«'ii \ cars ago; 
it w;i«j ill tin- yr:if 1» t^. my Pud, and so doMii- 
wavd. Sir, yrMi k:io\v i u:u; a coustr.lit at' "i 
duntnpim thV ini.iiM y ot the church, and iii<^ 
worship of Cod lli'.rv. 

P 




ill] STATE TIUALS, 36 Cu arlrj 11. l684 Trial vj T^ma RdiiweU, [8M 



I 
I 



I 



L 



Z. C* J, Did you ever hesir him umke tuie 
o/lburoinmon-prH^er liimseU'in the tiiuiily ? 

McUuhk I caiiuot hay he did. 
^X. C\ J* Well ; bare )ou any more wit* 
I«R, Kir ? 

!<;^. Ve5, my lor*U Pray c«U Mr. Hubert 
Medham. [>V ho an|«etiTd.] Hej c is another 
e:«titleifiap, M>y lord, tlittt Uvecl id iliat i'auiily. 
Vrsky^ Mr. M^dham, ho^v lusg did yottlWeui 
that hoDourahle rainily ? 

Mtdhum. Abont folii' ye&rg. 

J^fJit, Was thut iu the liiue thai I wm lb«re ? 

Mtuihnm. Yes, it ^vns* 

Jl^. Pray then, Sir, will you declare what 
ycm kuoivufmy conversatiun in that fiinilly 
with ri'iJpcet to the jiubhc ? 

Ahitff • ^'' ' "' '♦ - ! jrrcal while ago ; 
but lit i«: ldjdaKv»>8 keep. 

tn thi '^j^ ..... . r uH chaplain to my 

kdy Jlung^tTtord ; and always prayed for the 
king at lMiI^ tituc of prayer, 
Y Ji*'*. Did you e\er hear that I should speak 
Of declare any thing i&guinst the kfng' or go- 
▼emiTiont, in all my lite, all my liaie, oryuur 
lijlie that I was there ? 

Mai ham, 1 must needs say, I tie^er did hear 
auv »«iich thing In my lifu» 

Jitsl. Ihd, But ilVas not the pray era of the 
church tlipt be used ? 

Mcdhtnn. J cannot say that. 

L, C. X Did \ oil ever hear him use tlie 
paversof ihr"'-..- t. • 

Mcdhum. I r thai I heard ^ was lliot 

f?hichna« um: . , lein the femily* 

L. C. J. Btit pmy apeak plain ; cFid he use 
the c^mvoioii-piiiyer f 

Alcdham, 5? o, my lord ; I eaanot say he used 
tht cormnon jn-aycr. 

X. C J. 1 tell you what I mean ; Did he 
out of the book of the Conuium^prayer? 
^edhmn. >io» my lord, J • ' that. 

C,J, D*ist t Iron take ht' prayer 

'' ', ers urthe churcn 

i/i*. My loifljj he does not know 
,f believe j 1 liehtMc be does not 

Yes, 1 nscd 1o attend upon the 
soiiid iVIi% r{03*ijw«ll. 

' '!i«i. ^Vdl,8ir, have you any more 

witnesses f 

Roi. Yes, my lord ; pra)^ call Mr«» Atme 
Broadhurst. ['fhen Mr. Wiunacott appeared 
and rtffered hmiteJf*] 

WinnacoU. >ly lohl, I heurd I ^va^ ealkd j 
• ttd am come as soon as I coubl g'et iu. 

Hoi. Ay, Mr Winnacott, you have known 
me many years ; I desire you woid<l testify 
what you know concei'uiag'my conversatioii 
fttid behat'iotir. 

WtnmicolL Formerly, when 1 heard him 
I tir-ver heaitl him apeak a wonl a^ainiit the 
kins.'- *>r •rrit*>rnment; uid it %^ some three years 
a^ earj him. 

' • you heard of any tvll that I hiive 

i4iit or done agfiiiiAt the kin^^ of the gavemmecitf 

Wtrmacott, No j but I hafclt«U^ IlitfldWti 
pray for hia majesty. 




4 



JuHt. Wukmt. Well, there la your Other vrit 
ness Anne Broadhurt<t ; what aik you her ? 

fifli. 2*Iy lord, this was a servant that lif e< 
several yejin# in my fanulv* Pray, Nan» 
many years did you hve tCere ? 
Broadhunt. Four years, my lord. 
Kof. Pray declare what you know of mctoi 
my family, lUth respect to the king aitd go- 
vern menu 

Broadhurst. 1 hare generally heard you twioi 
a- day pray in yoor family ; and I nerer heard 
you pray in my life, but 1 beard you pF*y it 
eamaidy for the king as you did lor your own 
souL This I can declare during the' time that 
1 lived there. 

Roi. Did jou erer hear me speak evil oftlie 
kiogf in my family ; or reflectively an the go- 
vernment f 

Brmdhttr$i. No : you always prayed for 
the kini^ ^as I say) as earnestly as mr yoursdf 
or yf^ur family, 

Rus. If you know any ill carriage in won! 
deed towards my sovereign, 1 desire you 
speak it out, without favour or afiectioDj or aoj 
respect to me in the world, 

Broadhurit. No, I never did ; but hM% 
often heartl you heartily pray for him* 

Jufkt. Wit him. Pray, how lang ago is ibli 
Brmdhuvit. Two years ago I lived wil 
him. 

Roi. Pr4*Vi tell my lord again, how bog 
waii, and when that you lived thei'e. 

Broad hur%t. I lived there four years ; and 
is two years ago since* 

Just', Wit hint. Pray, how often were you 
church in that time? 

Broadtiurst, When 1 had occasion to go, 
did go ; but 1 did usually hear my masti 
when 1 dwelt with htm. 

JuiSi. IFithint, Well, who is your nevt wit 
II ess ? 

H OS. Cal I An ne Mati ni ng . [Who c&me ti 
Vou lived with me in my faauly i»evertt1 yeari 
Mnnnitig. Three years, ?Sif, 
Ron. Pray^ will \^\i dt^clare what ytni k^,. 
of m y cji r riage and beh a v io ur t o v> a rf U ih e ki\ 
andgofciuuieat, iamy faniily, whileyoutf 
thei e f 

Maffhi/i^^. My lord, he prayed for the kill] 
for his looj; liftj, in his family duties, monif 
atide\ Oiling ; and iu [uifate, when nc' 
lieard hiia but my^lf. 

L. C, J. \\\m% I you and he were at c» 
i(»y:elher ? 

Ahtnnif^g. My lord, I have gone by 
stud V -dnnr, iuid iittve heard him pray for 
kiiij^\ lonu*" lifi% when he knew not thai 
body heaifi luui, 

Roi, This, my lord, is more than 1 esrncctedi 
ibr I litllelhoiiL'^ * *1 * uiy body could give 
a testimony ol - devotion; ilmugti I 

never then on a,.. , ..ly for the kiug, and 

never shall as long as 1 live. 

Alonning* My lord, he prayed as 
for the kind's life as for bis own soul ; and 

have heard him ofUn prayittgi *md d< 

Cod to preserre him in his kiogdomi Itttd gi^ 





STATE TfUAIil, 36Charlbs1I. l6u.—/or High IntMA. 

tve buutl bun iosisl ii(K>n 

k not eiil of the kiosfi "Oi 

tin ir; for tli« birds of the 

Roi, Pray spuak the trntli. Dirt you ever 
he«r me utter an ill word or reflection upon^iis 
msuesty or ibe ^t>Teriiineut ? 
i^rnHg. No, tuy lurdi be was always 
ily for the kixig. 

8p€ak the truth of what you know ; 

I you would speak the trul1i,aod nothing 

i the truth, as if you wett ujioii your 



AfyniifTtg, I do speak the truth, and it ia 
^1 can declare, nui would, if I were to 
ft next moment ; and 1 vttn safely sMxar 



^It w^anaolJeiit aodcommofdy received 
f, [8t, TriaW 1. |nLS»ilui.] (derived from 
■ law, riTid wUlcU also to this ihy obtains 
-^f France) [Douuit, pidd. law. 
a- 8p. L. b. 29. c. 2.] that, as 
~ J J I M.^ t'd to any nristtn e r uce used 

I a neither siiould hebciiur- 
' ! lesljuiuny of 
jBby »^ deserves to be 

HiFcrrtiu, nj ijir innuMi ni Mary 1, (ivhose 
mente^ till Ler marriage \vith Pbiliti 
, s«?em to have been liumane ami ge- 
laa) [S*!e pag. 17] that when dio ap- 
iiA Sir tUcbard 'VIli'^hh rhi- f justice of 
n pleas, no, * ti»U 

tiidui^^lhf I "i *hd uot 

vriiuess to s^itak, oi any other 
ta be heard, iafavoitr ofthe adversair)', 
J part}' ; her [iii^hMi*:ii5's 
1 3 atM»e V er could \m hrou ^ h t 
ui liie suljject should be admitted to 
: and morcofer, thai the justices 
suadf ibernM-lvestosit ipjudg^- 
for her hi^huesii than liir her 



taijy 



LiiulUn^h. 11 1-2. St Tr. L or>7.] 
dsi in one partieulur iiistanee (when 
the (jut'Cirs loilifury sUiies \%us 
by statute Si E!i/. e. 4,) it was 
at any person, imijeached ibr such 
' shm\hi be received and udrntUi rl to 
any Uwful proof that be could, by law- 
jiness or oUicr\viie,for Itis discharg^e and 
?»nd in g-ijocnd the courts grew so 
> d of u dt>etj'ine ao uureason««lde 
Hid i^ that a piactice was gradually 

tfitroduLLil of txaiatniii«^ wiiuesses for the pri- 
T, but not upon i»3Hh : ['J Huliilr, 147, <_'ro. 
'\ tV jiieuce of wbicb still was, 

ar > credit to the prihoner'ti 

[TfMhiced by the croivn. 
x\ III 7i>.l protest* very 

i\i luitirnl practice: de- 
dwii;. ^ ul .11 iny act of par* 

Eaini i . nrru, iliatin cnmiDal 

flieH accused »houhl not have wit^ 

MMi^' I him ; and therefore there waa 

tnlao uiiuit iii>Mcin[ilia jurU against it. [8ec 
ik> ^ Ual. p. C. 2ti3. and hbsutumarj^ 204.] 
IftdlJac liau;se uf Comtiiouit were uu sensible 




Rai, Then pray^ call Isabella Dicke^on — 
[Who appeared.]* My Lord, surely I would 
uot speak evil of his majesty or the goviTument, 
m public in tb*' rnii<rr»'».4U(»nt when 1 prayed 
for him in my I I my closet. But here 

is another sers lived in my famil}* i 

Pray wHl vou speak wliat yon know concern- 
in^ my behaviour ill my family, with respect 
to the king and goverumcDt. 

Dickt'Jitm. He usefl to pray twice a-flay itk 
his family, morning' and evenings, and he always 

tkrajed earnestly for the kioi^, for his good 
tesitih, lont^ life, and prosperity. 

HiKi. Did you efcr hear Tue^peak any «vil 
fif the king or i^overiuuent in any respect ? 

Vkkcson. No, never. Sir, in my life ; nor 
do I t>elieYe you ever bad an evil' thought of 
thekintr, 

Ros. Pray then will you call Mr. James 
.ilkinsou. 

Just. THMiW. We have bad him alreaflyj ^ 
and I stH>|K>*je he is gone ; he is not here. 

Rm, I callhinmow iotetttity auotber thin^ 
if your loidT^hip pleases; and be is at hand 
my lord, 1 suppose. 

L. C* X You should examiueyour witnesset 
to^^^elher, but we will not surprisje ) ou ; we will 
stair. 

Just, Hof. Pray call any body else, m the 
mean lime, if you' have any other. 

L. C. J. ?iay, brother, it may be he Itath 
obst ned a method to himself* he is lor bii 
lite ; let him take it. [Then Mr. Atkinson 
came in.] 

jRos. That which I call you now for. Sir, is 
to testify what you heard lipon Ihe 30th of Ja* 
nuarj' from me, about praying for the ktngf ' 
and all that are in authority, 

Atkin&m. My loitl, he kept that day. I be 
30th of January, os a day of failing and 

ol' this absurdity, that in the bill for abolishing 
hostilities between England andScotJand, [Htat, 
4. Jae. l,c, I,] when felonies couirajtted by 
Englishmen in Scotland were ordered to be 
tiicfl in one of the three northern counties, 
tbty insisted on a clause, and carried it [Corn. 
Journ. 1, 5,19,13,15, U9, SO Jms. 1607.) 
again!»t the eflorts of both the crown and the 
House of l^rds, against the practice of the 
courts in Etigland, and the cypress law oi'Scot* 
hitid, [Ibid, 4, Jun. ir»07.] * that in all such 
' trials lor the better discovery of tlie truth, and 

* the tietter ii»h>rm»lion ol' the conscience si of 

* the jury and justices, thire shwll bf idloweil 

* to the parly arniigneil the l>enefit of such 

* credible wiinesfccs, to lie examinrd upon Oatlt, 

* as can be pt oduced for his clennJig and ju&- 

* titicalion,' At length by the statute 7. W. 3* 
V, ii. the same metisure of justice "as cs^ta- 
hlisheil throughout all the realm, in casfs of 
treason within the aL't ; and it i^as aJlerwards 
declartnt by statute t Ann. si, 2, c. 9. ihiit in 
;ilIcHses of treason and felony, all Wiine»sej« for 
the prisoner should be examined upon onih, in 
like maimer us the witaeSMi again &t hlui.^' 
4 Blaekst. 359. 



I 



t 



I 



I 



215] STATE TRIALS, 36 Charles II. 

pravcr ; and he preac'lied from that text on the 
1 l^iin. ii. 1. pray for kings, and all in au- 
thurity : And tnen he did assert iImiI kingly go- 
vernment was most a^ceable to the word of 
God, and the constitution of the government 
of England, which was the best in the whole 
world ; and had lieen so approved by writc^rs, 
Imth foreign and of our own country : And he 
did urge it as a duty incumbent upon all people 
to pray for the king aud magistrates, that they 
might * hvc a peaceable and quiet lite imder 
them in all godlluesk and honesty.' [Then he 
seemed a little faint and stopiiecf 3 

Rat. Pray, Sir, will you recollect youraelf ? 
My lord will indulge you a little. 

Atkinson. 1 have been acquainted with Mr. 
Rosewell these ten years. 

Rog, But, pray, Sir, what d» you remember 
of the application of that sermon upon the text, 
about prayinof tur kings and uil in authority P 

AthinMm. That persons were to pray for 
them, and to olH;y them, and that it was their 
duty. Tills is all that 1 can remember. 

J\(H*'. ^\ h.U d<.' y..i ic'!n«»!a1»cr of my in- 
vectives iigaiii^t lIiuNc* tli.f irarliscd the con- 
trary ? 

Atkinson. "Why truly us to th»»...c liiiii^x, he 
did highly condouui those pcrscui^ ihut hiid any 
ivav actcil again.st it. And f hrtve l;p::rd Iiini, 
iMitli in public and privale, inveigh against those 
that liuil any hand in the murder of the late 
kin^, and condemned the fact as a diabolical 
design. 

Ko.;, Is3Ir.Smitlithcici? 

Afkhtson. f was very ill <iti Sabbath-day last, 
and I tliouq;hi I should nothawroinroutunw ; 
and I would not, to th« best, of my reixicm- 
brancr, speak a lie, us I am in the pn'sonce 
of this hoiifiiindile court, and in the presence 
of God, touhoni 1 must give an account ano- 
ther day. 

Ros, Go<l will reward you for what you 
come to do f»r an innocmt ])< -rson this day. 

Atkinson. 1 never licaid an ill word a:;*iiinst 
the king or governmeut drop from Mr. Jtose- 
wellinmy hie. I am not upon niy oath, but 
know myself to be bound to dr cjurc and tell the 
truth, and nothing hut the truth. 

Ros. lam conhdent, my lurd, he would not 
speak what he would not svvcur. 

L. C. J, The jury are judge.-* of that, 31r. 
Rosewell, 1 must leave it to'them. 

Roi. Pray, Mr. Atkin.>un, was 3Ir. Smith 
with you ? ' 

Atkinson. Yes, and I have scnl one to cull 
him. 

Ros. Pray, Sir, let measky«»u as to what 
MistrcfiS Smith ^.1vs, that I should soy of the 
recorder being muile a j ui Ige ".' 

Atkinson. 1 never heard youspcuk any such 
wonls in my life. 

Rot. V[Mi\ the last day of August last, at 
Mr. Shed's house, she says, that 1 did use 
that expre^ision. 

Atkinson. As to Shed's house, I was then 
sick, and was not there. If my lord will giv e 
Bie leave to look upon my note-book, I can 
tell what day 1 was there. 



1634.— TriV/ of Tkmas Rcmeell, [il6 

Smith. It was at one l)anie1 Weldy's bouse, 
as I think, that you spoke about the mayor, 
and the sheriflii ; but what you said about fbolf 
in scarlet gowns was at Shed*s house. 

Ros. Was there any meeting at the meet- 
ing-house, since July last, upon the Sabbath- 
day ? 

Atkinson. Truly, I lie not able to it^member ; 
but if my lord please to give me leave to looL 
upon my note- book, I can give an account; 
for 1 writ down every day the place where we 
met. 

L. C. J. Prithee, look upon thy note-book ; 
for I have a mind to know something ont of 
tbat note- book. Prithee tell me what w as in- 
sisted upon the 14th of September? 

Atkinson. My lord, I only have a note of the 
day, of the place, and of the text. 

Ros. Pray, Sir, did you hear me speak of n 
great man in Grace-church-sti*cet at the upper 
end ; and that if it had not l>ecn for him, the* 
fire hail been qucncliird ? 

Atkinson. I never heard that expression froni 
you in all my life. [Then 31 r. Smith cams 
m.l 

nos. Pray, did you hear any such thing;,' 
Mr. Smith :' — Smith. No, my lord. 

Ros. My lurd, 1 can bring all the rest to tes- 
titv the siime thing, if your lordship viill let me 
call them ovt again. 

L. C. J. Do as you will, I would not restrain 
you from any thnig of a legal indulgcneeji 
that is fit to give to any -man in youroon- 
dition. 

Atkinson. What day of the month dojott 
say it was. Sir, that you spake of the recormr ? 

Rm. The :>lst of August, 1 think. 

AlUnaon. At that time I was sick, and irift 
not there. 

Ro$. Pray, 3Ir. Smith, have you ever heai4 
me priMcIi upon tlit* 30th of January P 

Smifh. Yes, Sir ; I have heard yon upoo 
that day, and upon that text, that we should 
pray fur kings and all in authority. You kepi 
it as a day ot uuuiiiiatiou, and you abhorred tiM 
r.ction of that day. It was kept very solemnly, 
tor the bewailing the horrid murder of our tale 
king. And you were so far from giving any 
Luuntenance to the action of that day , tbat joa. 
detested it, and preached very much affauHt 
it, and you have always preached up kingly go* 
vemmeut. 

Atkinson. Sir, you were asking me, if there ' 
were a meeting since July, in the mcetiug- 
h'Uise '.* 

Uns. Yes, l)ocaur:c she says there was on0 
npnn the lOlh of September. 

L. C J. h' youlouk uiMin your notes agaiBi 
Mr. Uusi: well, 'you will fmd it was the Idth af 
.August. 

Ros. Where were you upon the lOtli of 
August? 

Atkinson. I was at homesick then; itiii, 
written down, your lordship may sec it. 

L. C. J. Do you take notice where jotV 
heard the meeting was, when you were sirJtf' .-• 

Atkinson. Yes, my lord, I have a short timt 
of it. 



STATE TRIALS, 36 Charlus !I. l6S4.-*/or High Treasm. [US 

Hecorder. Not a penny that I know of, or i 

Any a^croent for it * 

Has. Pray, 8tr, will you acquaint the courts j 



i C, X Wbcre wag ihe meeting then ? 
f^itA?:!. In ihe tnc^i ^ tr;e, aa I heard, 
. a X P^y, recti! . If; and look 

I your book, h"*v '^ , ,. ,1 there ? 
ikinton. Mv^' ^ *be lOlh of Aug, 

2' J VVh'ta -i:„.Li take that note, 
your word, now t 

inmn. When my family came home, 
o<ly did tell me that day, or the next day, 
i;. J, Well, wJicre was u the time before" ? 
kuuon. The 3d of Aug^ust^ at Mr. Crook- 
'a ; the text was the Heb. xith 7> The 
the racetinff- house, myself at home ; 
tldca the 8Ui and 13th. 
My lord, these gentlewomen say, they 
seTeral meeting*. I desire, my lord. 
Be witnesses may be called. 
C. J. Call whom you will. Who do you 
I fint f 

, Tliomas How, My lord, I conW brings 
pJb of witnesses as tv this point. 
C. /. Well, there is Thoiiuis How ; to 
t purpose do you call him ? 
f- Bly lord, to te!stfty to that she should 
■ bcfcTtv sir George Treby, that Mr, How 
\ at a contenticle such a time, when he was 
Mil Bod tlipnrfnre I desire him, thnt he would 
flhaUr t lit truth of that matter. 

lina i will testify the truth a3 lar 

[kiiaw jr ; biit- ypnt thrtieteU' ■ 

t\ / How do voii know tkat ? 
r. So they %',m, 
.C* J* Thiit is no evidence ; and I lare 
rliat tl»ey said : If you know any thing 
'T«l y*»ir own kuowiedge, speak it. 

,_. 11l^ offered 

.CI/- 1 tell you their oflering signifies 

Iw. My lord, it is an year and a linlf a^, 

* *^^'' ^* '* ^ never so long ago» if it 

I they Httid, it signifies nothing, H 

^ etrideuce ; but if you can say 

ir own knowledge, you say 

tiie we will hear it. 

' some questions 1 desire 
« to Mr Recorder. 
J * .. fifder be really to answer 
Eh all my heart. 
n *f* r, 1 ile&ire you would 
nee to testify, whei her 
B13 teeming >!rs. Baihoe ? 

ICJ, Who IS she? 

My lordf it is whether there was not a 
"cle »wom before Mr. Reconler against 
'athoe :' 

^1 cannot well tell, Mr, Rosewell. 

on>irtion before me (;*s I remera- 

r r.iif ^^ 1^ !nfce for a eonvenlicle j 

i I • witneJs told you just 

t ijud IT [1 oiii iic'f own conffssjon* 

Oo you l<now any thing, pray, 8ir, of 

ntiun that was made upon that cod- 

r. No, Sir ; ynn do not think, snre, 

I I stake compoaitiona, or know any thing 
h«io? 

%9. Was Of I the mc^tjeyy^ir, patd back 



bow that matter was really ? 

Recorder, ^\t%, Bathoe came to me, and ^ 
said, she was mistaken if any f^uch worda did 
pass from her ; for indeed there was never any \ 
such conrenticle as Mrs?, Smith swore aha had < 
confessed. Upon that I sent for 3Irs. Smithy , 
and bid her consider of it, whether there 1 
really any sucli conxenticlc ; and Mrs. Bathoe 
had brouffbt her appeal and it is dependini^ ^ 
now, and will be beard the n«Btt (][uarter« 
sessions, 

Ros. Prav, Sir, did you tell her, that sbo 
misiit have Ker money again ? 

Recorder, I did tell lier, Mr9, Smith wa»' 
mistaken, and did not insist upon if, and she 
would have her money returned again. 

Ros. Pray, 8ir, did you send yotir warrant 4 
foroneCartivriffht imder your band ? 

Recorder. Yon ask me a hard q\iestion ; I 
might send a summons for several pereonS| t i 
cannot remember all their names. 

Ktyii. By whom, I prav>8ir ? 

Recorder, i catiiKii leU who 1 sead all my ^ 
suramotis by. 

Roi. Was ft not by these two women, Mrt. 
Smith and Mrs. Hilton * 

Recorder, I cannot tell ; it may ho it might 
be so. 

Ros. Pray, Sir, what did you say to Mr- 
Cartwright When he came thither P 

Recorder. I cannot rcmc?mhfr pnilLCularYv* 

Ros, Sir, did you not ask him whathefiail 
to !^ay against ihe«e wHoessei that are produced 
against me ? 

Recorder. My lordVl remember, when Mr^ 
Cartwngitt carue to me, I did ask him socot 
such question ; for they had told me that liev 
had, by a person, been tampering with thetn 
to take them off from prosecuting a great niaogr 
persont. 

Ros. By whom were you told so, Sir ? 

Recorder. By ihemaelTes. I know nothing 
of it : But I tell you the reason why 1 sent for 
him i because tliey told me, ihcv went in dan- 
ger of their lives ; that they could not walk the 
streets in satcty, hut they hatl stones thrown at 
ilipm ; and they were ri^vo.'iched qs common 
inlbrmcrs, and Were beset hard with applica- 
ti on $ of money, to tiike them off from prose- 
cuting. And, among the rest, ihey conuilaioeil 
of one Cartwright, that he had been dealing 
with them ; and it was upoo ihat acr^ount that 
1 sent for him, to know what be bad to say i 
against them. 

X, C.J> These questions, Mr. Roae well, pet- ' 
haps, may Ik? bviter let alone. 

Recorder, I have aeen a letter that dots 
ihreiiten them very much ; but 1 cannot say 
whence it comes. 

Rm. My lord, 1 desire to ask Mr. Recorder^ 
whether or no he did not send lor some of my . 
wiiuesses ? 

Recordc r. I do not know your witnesses, S&*, 

Roi. Did you send for oot Riihard Oibha of 
Rotherbitb ?' 



Slff] STATE TRIALS. 36 Chabibs II. i6H4,^Trial of Itawm Bnn 

fetsed in truth they were not; 
[dications to compound for the foi 
they should have their money agi 

L, C. J. Prithe^i ask him in g 
does he kuow of her ? 

Harvey. Elizabeth Smith cam 
of mine m April or May last 

Alt. Gen. Were you by ? 

Harvy. Yes, I was by. Sh 
friend pf mine, I say, and she t 
she could swear against him, and 
for a oonsiderabte value of for 
conventicles — 

Z. C. J. What friend of thine 

Att. Gen, Where does that fri< 

Hai-vey. In Southwark. 

L. C. J. What is his name ? 

Harvey, One Games. 

L,C.J. What trade is he P 
A sail-maker. 
Whereabouts does he 



Recorder. Yes, he was eonitable at Rother- 
hith. 

Ras. Pray, Sir, upon what account did you 
tend for him ? 

Recorder, I did it, because I heard the con* 
atables of your nde durst notexecute their war- 
ffants, for lear of the rout of the people. 

L. C. /. I tell you, these questions were bet- 
ter let alone. 

Rot. Mr. How, that which I call you for, is 
whether Mrs. Smith has not offered to swear 
before a justice, that you were at a oonventide 
when you were not ? 

L, C. J. She says she does not know any 
thine of her own knowledge. 

Roi, She cMlTered it a year and a quarter ago, 
before sir George Trebv. 

L, C. J. Were you by when she offered any 
sochthiiM^? 

Ho», fwas by, when she was before sir 
George Treby ; and she went into a yard, and 
offer^to inform against one Mr. How for 
being at such a conventicle ; but 1 was not the 
man, she said. 

Rjos. My lord, she had sworn it. 

X. C. J. No, no, she had not sworn it, slie 
only offered it, and for aught I perceive, she 
is a very careful witness, to see that she does 
not fix upon the wrong person. 

Ro8. Then if it please your lordship, I de- 
sire John Townsend may be called. £Who 
came in.] Pray, will you testify what 
you know concerning Mrs. Smith's swearing 
ihat Mr. How was at a conventicle f 

Tuwnsend, Sir, 1 will tell the truth as near 
as I can ; I cannot tell the day, it was about a 
year and a half since, that he was out of town 
of the lx>rd's day, and that day was remark - 
able, for I met him coming to town, and it was 
about the ereuing, about nve of the clock, and 
that day they hi^ brought him some notice of 
« warrant for the seizing of his goods, for that 
he had been at meeting: Now he, understand- 
ing when they were to make affidavit of it be- 
fore sir George Treby, he desired me to ^o 
with him thither, and I went with him, and he 
asked her if she knew the man. There he was, 
and I was, and one more, and there came one 
Stranger : And we went out to the light, and 
ahe looked upon all of us, and knew never an 
one of us. 

X. C. /. You use to go to conventicles, all of 
you, 1 warrant you f 

Just. Wit hint. She was not much out in her 
conjecture, I dare say. 

X. C. J. But she seems to be very careful, 
that she did not swear against the wrong fier- 
•00. And (speaking to Mr. Townsend), If she 
had sworn that thou hadst been there that day, 
I warrant you she had sworn true. 

Rot, Is sir George Treby here ? [He did 
not appear.] Then I desire Mr. Thomas 
Uarvcy maybe called. 

X. C, J, There he is; what do you ask him? 

Rut, My lord, to prove that this Elizabeth 
fiknith swore that strml pertona were at se- 
TttalooBfoitidif, wUokalM aftsrwaida eon- 



Harvey, 

X. C, J. 
wark? 

Harvey. By St. Mary Overy's 
he came to me, and desired me, i 
meet and speak with her ; I me 
it was about the Exchans^, at th 
there was she and anoUier felU 
She told mc she could swear aa^aii 
such ; and desired me to give 
drink, which I did, and then she 
story, and demanded either 10 c 
and that that should take her off 
ing against them. I told her, 1 c 
thing to it ; but I would acquaint 
I did, particularly, Mr. Games. '. 
not fit to give her any thing ; wh 
returned to her. She tidd me si 
])oor, and if she could have but sc 
would declare who it was that v 
but upon reasonable composition 
had offered to swear^ she would i 
had taken the copy from a sister i 
I think, she said her sister's nan 
Farrar, as I remember. 

X. C. J, Did she offer to swe 
against you ? — Harvey. No, my 

L.CJ, You know tliat Gam 
don't vou ? — Harvey. Yes, my h 

X. C. J. Does he use to f requc 
constantly ? 

Harvey. I do not know that, 
have known him many years. 

X. C, J, Do you live near liim 

Hiircey, No, 1 do not. 

Rot. Fray call 3Ir. John Cat 
Mr. George Norton. [Mr. C« 
peared.] 

Ros, 3Ir. Cartwriglit, I desir 
please to testify what vou know ] 
ing Mrs. Smith, who Lutli testifie 

Carf, My lord, nuiv it please 
the t2d of July last, 'Mrs. Smitk 
together from seven o'clock in th> 
half an hour afler eleven ; and 
we went to a constable, one Alex 
in Aldersgate-street ; and from 
went to Moorfieldi to kwkfinr 



"A 



STVRl miALS, 36 Charles II. l684.-^or High 7V»rmi. 

ce; but there was none : And from 
re went into 3Ioorfiekls again, and 
neimtman.wboni we supposed was 
neeting; andtbismanwc followed 
f almost an hour's time, that it was 
time of day tbat it now is tiiat I am 
Hiatdaj she convicted Mrs. Batboe 

I meeting in ber house ; when she 
e, and another man, that she never 

hooM of Mrs. Batlioe ; and then 
me morning tliere was one Rice 
it was convicted of a coiifeuticle at 

, Dpon ber oath. 

Sow do you know tliat? 

I I was told. 
But it may be yon were told a lye ; 

oly speak what you know yourself. 
rheu, my lord, several times she 
M to coDTict with her, when I never 
•meeting ; and also, she has of- 
irict with me, when I have been 
ihe hmth not been there ; and she 
DT wife to convict one Dod^s mect- 
editcfa, and my wife refuserl it, be- 
vs not there. 
Were you by when she asked your 

■y end please your honour. 

Who did youteli this first to? 
aeyou bunted along with her, why 
go and roniplain, when she had 
■ propositi such a thing to you Y 
jbrd, I did not so well understand 

did you first of all tell it to, I 

Jhl of all told it to one Smith. 
Was this before Mr. Rosowt^ll was 
kr ? — Cart, It w as afterf* anls. 
Did you go to Smith, or did he come 

waa throuG:li aiiothcr^s means that 
i peak witli Mr. Smith. 
Wbowas that? 
(was throiigii u OoUlsmith's means. 

What i^ His niur.e .' 
Gi name ia Ferrv ; he lives in New- 
L 

, Huw can^c he tu ur'i'ici>:tand it, to 
together? 

ieeaiise he luidiTstoorj tiial I was 
Smith thai tmiL tl:iit shr; e-onvictnl 
MC^and was CMncoriK-ii »iiit iier. I 
•vany thiusf <if 3Ir. l^o^c ivi: A that 
L 

Ki ibe DOttell you, she would do as 
me? 

fk^ did offer mc this ; that if 1 would 
Wver anv met'tiii^'-, slif woiiln coii- 
IPlagh litie' w:is n<tt tiien;. 
U.f/bo didst thou icll a thinp^ of this 
ff^tif to Mr. Smith, aiul that Ciuld- 

I it first to that Mr. Smith. 
VIkb these witnesses ant I thin^ 
bs dondfLl never put any j^cat 
tttMrn ThttK come to serve a 



[SSS 

turn, and never make any discovery till you 
are taken. 

Ros, My lord, you may observe it was her 
common practice to convict upon a report, 
nor havinv any eye or ear witness. — 

L. C. J. Well, I will observe what he has 
said ; but I tell you what I think of it. 

Cart, 8he has asked me to do it several 
times. 

X. C. J. AH that I can say to it, is, it seems 
she looked upon thee as so very a knave, as that 
thou wouldest have done sucfi a thing* ; and, it 
may be, she was not mistaken. 

Ros. Then call Mr. George Norton. [Who 
appeared.] I call you as. a witness, to declare 
what you Know of Mrs. Smith's importuning 
you or any one to swear c^ainst meetmgs. 

Norton, Yes, she has oftcretl to swear, 
but 1 cannot say with him ; for 1 was not pre- 
sent all that time. All that 1 can say, is, that 
she owned she was never at Mrs. Batboe's 
house. 

L. C. J. So she says still ; and it agrees 
with all the rest of the evidence : It was only 
hear -say. 

Ros. Then pray, will you please to callJohii 
Holison ? 

L. C. J. There he is : what say you to him? 

Ros. My lord, 1 bring this witness to testify, 
that Mrs. Smith swore there \\ as a conventicle 
at such a place, when there was none. 

Hobson, Sir, there was none since I came 
into the house, to my knowledge, 

L.C.J, What house? 

Ros, At Mr. liales's ; she swore there was a 
meeting upon the 13tli of July. 

Hubson. There was none to the best of my 
knowledge. 

Just. Withins. We must not convict people 
of perjury upon such evidence. • Indict her of 
pcrjurVj'if you have a mind to it. 

L. C. J. 'Where is the instrument-maker f 
Atkinson ? Bid him send me his book. [Which 
was done.] 

L. C. J. Were you at every meeting always 
that he preached at ? — Hobson, No, my lord. 

L. C, J, Then there might be many meet- 
ings that yon do not know of ? 

Hobson, I live next door to this Mr. Hales. 

L, C. J. You used to go frequently to hear 
3Ir. Uosewell, did not you ? — Hobson. No, Sir. 

L. C, J. [Having fooketl upon the book.] 
Was there any meetmgthat you kno^v of, the 
l.'Jthnf JulyV 

Hoh.'U)u. \one there ; he lives the next door 
to me, 

L. C. J. U'as there no mettinf/- no where 
there -awa^ ? 

Uohsini. Not that I know of. 

L. C. J, She swears to that day, at Mr. 
Halfs's. 

/i<).v. Ay, and to tho very place. 
• L. C. J. Do you know oiu.^ Hodgeson ? 

Atki/ison, ll'is Hudson, loy lord. 

Hohaon. No, my I'inl ; J do not know him. 

L. ('. J. ^\ovv \ou ever at his house at au^ 
meeting ^ 



SeS] STATE TRIALS, Stf Charles IL i6S4.«-7Wc2 of TImm Ibm 



Hobton» No, ray lord ; I never was at any 
aieetiiig thefie two years. 

Rot. He liTes next doorto the house. 

L. C J. There may be a meeting next 
/door to my hoosetwenty times over, and I not 
know it. 

Ros. Then, pray, call John Crook. [Who 
came in.] Pray, Sir» do von know whether 
there was any meeting at Mr. Hales's the 13th 
of July? 

Crook. No; I never heard of any such thing 
bat what was according to his own use amongst 
his family. I liye under his roof, and never 
yet did know that.tiiere was a meeting there. 

JRm. Pray, call Sarah Whibby. [Who came 
in.][ I desire she may be asked, whether Mrs. 
Smith did not swear there was a conventicle at 
Mr. Hales's the 13th of July: and whether 
there was any such thing ? 

Whibby. lliere was none. 

X. C. J. That you know of, you mean. 

Whibby. I am certain of it. 

X. C. J. How came you to remember the 
day particularly? 

iVhibby. I can tell you by a very good 
token ; because the chimney of my honse was 
on fire that day. 

X. C. J. nfow do you recollect it was the 
13th of July? 

WhUfby, Because there was a neighbour of 
cur's, that is a waterman, that was sent for to 
wait upon his majesty ; and I went that day to 
call him to quench the fire ; not finding him at 
home, I went further to call more help. 

X. C,J. How can you tell that it was the 
13th? It might be the '^Otb, for aught you 
know. 

Whibbi/. No; it was the 13th. 

X. C. J. How can you tell that ? 

Whibby. Because tueie was another meeting 
on the 2ath day, for which I paid 20 shil- 
lings ; and I can remember my chimney was 
on fire that day. 

X. C. J. \Vhat day of the week was it ? 

Whibby. It was Sabbath-day. 

X. C J. Why, if my chimney was on fire 
the 14th or 15tb, it may be I can remember it 
a little while, but how came it that you do re- 
member it so long ? 

Whibby. ItwasthciathofJuly. 

X. C. J. How can you be sure of that ? 

Whibby. Because it was the Sunday before 
the meetinff at Mr. Bowen's. 

X. C. /. Where was the meeting that day 
your chimney was on fire ? 

Whibby. I did not know then ; but I knew 
since,it wasatMr. Hudson's. 

X. C. J. Then you have been instructed 
about it. But pray do not think you come hero 
to serve a turn. 

Whibby. It was at Mr. Hudson's. 

X. C.J. Was there a meeting on the 13th 
of J. sly? 

Whibby. By relation there was ; but I was 
not at it. 

Ro$. My lord, I bring her to testify there 
was no meetmg at MrTiiales's that day. 



X. C. J. We know wellodough 
linff saints can lie. 

Whibby. I have answered the tr 
I know. 

Ros. I only ask her about Mr. 

X. C. J. Sne shall answer sdch 
the court shall thmk fit to ask her 

Rot. How far is your house froo 

Whibby. Next door. 

X. C.J* How far is your houi 
Hudson's ?—IF*t*5v. A great wa' 

X. C. J. Wasit half so fiu* as' 
fetch the waterman? 

Whibby. That was but three d( 
Mr. Hodson's is half a mile, I 
mile. 

Rot. Then, pn^, call Anne Cc 

Just. Withint. Well ; what do 

JRoi. Mrs. Smith hath sworn, tf 
a conventide at Mr. Hales's the 1 
I desire to know of you, wheth 
such an one, or no? 

Coliim. The 13th of July then 

Rot. Upon your certain knowlc 

CoUint. Upon my knowledge 
none ; I can justify it. 

X. C. /. Not there you mean, at 
but do yon know there was an^ 
else? 

Collins. No, not to my knowled 

X. C. J. Do you know Mr. Ho 
there any there that day ? 

Collins. I know one Hudson. 

X. C. J. I thought you liad sail 

Collins. No, it was Hudson. 

X. C. J. Was there any convei 

Collins. I cannot tell any thing 

Ros. Then, pray, call Sarah 
Susan Bathoe. [Sarah Bathoe a] 

L. C.J, Well, what say you to 

Ros. That wliich I call Mrs. 1 
to pro?e that Mrs. Smith was mi: 
she swore that Mrs. Bathoe pen 
venticle at her house the 20th of 
which Mrs. Bathoe was convicted, 
lier appeal. 

X. C. J. You do mistake, Mr. R 
says, that Bathoe confessed that tl 
a conventicle at her house, as she 

Bathoe. She has convicted me. 

X. C. J. Ay, but it was upon 
sion. 

Bathoe. No, I ne\cr confess! 
thing ; for I had none there at t 
did confess any such thing. 

X. C. /. Had you ever any c 
your iiouso ? 

Bathoe. Tliat is not it that I a 
to now. I desire to be excused frc 
that question. 

X. C. J. Then I will not bcliei 
talked as long as you preach. 

Hot. There was an api>eal t 
lonl. 

Att. Goi. She is not a witnes 
own ease. It would be a fine tl 
4 



fiSS ] STATE TRIALS, 36 Charles II. 1 684.— /or High Treason. [9SS 



womaii's story slioald pre? ail here a^iiist posi- 
tive testioiooy. [Then Susan Bathue came 



kid 



Im. Mrs. Smitli hath sworn, that Mrs. Ba- 
Iboc had a couirenticle at her house the 20th of 
Julv. 

L, C. J. No ; she only swears thai Mrs. 
Bathoe coalesscd it ; hut herself was not there, 

Jtof . Did you confess it ? 

JLC. J, So matter what she says; it all 
l|ieu with that testimony that she has now 
givefl : tills matter, it seems, is depending^ u|K)n 
SB apfieat, and so she testifies for ficrsclf. And 
vkra I ask her whether she ever had any cou- 
Itsiiile at het bouse, she will not tell me ; 
vbich induces a suspicion, that she does not 
MM fi>r a fair pur^iosc, but only io serve a 

Bm. Pray, Mrs.8usanBathoe, was there any 
Wh coorenticlcff ? 

B§tho£. There \«as none. 

L C. J. Why, I tell you, you mistake still, 
k Souih swears that Airs. Batlioc confessed 
to her, that she had a conventicte, but slic 
she was not there. And take all to- 



fHho', Ktring' she will not answer ^Uieihcrshe 
OThad a cum enticlc ; and so it may bo «nily 
tMake just nf the day : or she might teU Ikt 
i^Wany thinir Appears; and for oug-lit 1 
%■» Hales has had convent id cs : and what 
Mtti to the purpose of \^hiohyouarcac- 

Mai Call Mr. John Feme. [lie did ap. 
fnr.') II7 lard, I desire 3Irs. llathoe may 
MtfiiMaT. 

jCC/'Let her stay then. What do you 
olAiijaiafor ? 
Mm, It'ntty |>ri)\eslie has compounded ron- 
Pray , Sir, citi \ ou know whether !\lrs. 
bath e«iiiipoundt'd with Airs. Bathof, 
conviction, to set by the pruseciitiou ; 
fliHn. Isathoi* was prevailed with so to do? 

hrme. >1r^. Fiathoccauic t<i me nboiit r. or 
■4ysaj^i ; s:iys she, I niiist *^v\. you to *^o 
^■t to the Ht^cunlfT's. I uiu pi-i>ini?(-'l ruy 

S again that was paid upon il:o ai»rM'al*l 
t. I wasi j^Iad to hciir it, and w:iit with 
ht\ UH'time appointed ^as five or six o'clock. 
IvMthi-it: a little after tive ; and Mrs. Hmilii 
maot there, thut was one uf the v> itue^scs 
i|lB her c'jrivictioii, Eli/.ubcth Siiiilii, for \ 
, Britd her with a notice to att( n<l the Ui.-forucr. 
Vcvcre iIktc a second time, al the Bccordor's 
teibrralHim si\oVlock ; «he w^usnot roiiu*. 
W«mfited hard by, an>I wr-ittii thi:d Liinc ; ai.d 
iiilbevi -IS iht-ix-, ai'd <lcsiped my sister lo *>.- 
btrthkt she wa^ r.otthcn- ctulirr; but she 
ilMldouU but she should have hrriMUTicy ; 

to *e the Recorder. Mr. Utrorikr 

liifRcral above with him. We waited an b^iir, 
Witfif. Mrs. Smith went up and my sis- 
wot up w'tiii her, or ti^llout-d her: uii«), 
ilheRcGonler to her, arc not \ou ihu 
npnthitwas %vith inesuch a lime, with .Mrs. 
■■»? Yes, Sir, (says she) I was. Says 
WkMmifle vu.maka surji haste away P 



I 



Upon that, Mr. Courthopc steps forward with 
the l>ook ; Sir (says he) I have paid it in to the 
clerk of the peace, Thtm, says the Ilcconler, 
it is out of my hands, 1 can ^o no further: 
but promised a1\erwai*ds to speak with sir 
William Smith, the chairman of the sessions, 
about it. 

L. C. J. I can make nothings of all this. 
What a business is here ! 

Feme. 8lie seems to be a rash woman, ready 
to swear any tiling;. 

L, C. J. Oh dear. Sir ! and you seem to be 
a grave, prudential sort of a man. 

Ros. If she did not swear that this nieetinnr 
was at Mr. Hales^s, why was he convicted for 
that meeting P 

L, C. J. I know liothing of the conviction 
at all ; it is the first time that I have heard 
of it. , 

Hos. Then if your lordship nicase, we desire 
to have the rt»coril of It read ; here it is. 

L. C. J. Make it appear that she sw ore, and 
that what she swore was false ; and then you 
say soim'thing". 

lio:f. We desire to 'have these copies of re- 
cords read. Here it is ' per Testimonium 
' Kjizabethflc Smith, or per sacramentum.' 

L. C. J. Prove that she swore it. 

Jio!'. My lord, v.'o had a very gracious an- 
swer concerning the petition that my poorT^iii: 
delivered to his sacred majesty in reference to 
her coming to me ; wliir!i his majesty granted 
with a great deal of compassion. He remitted 
it to your luixlship, and your lordship did second 
it, for the having the use of what records should 
he necessary for my defence. And tiponwhat 
application \vc made to the Attorney- Genera!, 
it WHS readily granted: but for the searching 
of the records, we ha\e desired the Recorder, 
an- 1 cannot have it. 

L. C.J. You are much misinfiirmed inthat 
I will tell you ho'v it was: Yom* wife und A 
yoiM'LT niau came to me, a matter of a fort- 
niglit ago, and did tell :iie. there were srver:il 
■ree:»ri!s, thiit wen* necess'oy for your de/eiu'i-, 
ami iln* iKv-'ircKr refused to let > oil luMceopiis 
(»f liieiu. I toI:t her then, Codtoiliid but thut 
\i)U sliouM h:i\i* .-ill manner of helps from n- 
eo;<ls, that wrre neccssriry for your trial ; and 
thereiipoii I did ivipiire my brother Jeiiuei\ 
who is Itf^cnrdcr, to atteml to shew cause, why 
Ih* did refuse tv» Ivt ymi have any records thai 
\«iu til'. light iu;.'ssary for your defence: Ami 
lu y-avi' uietliis li»r onWerj'lliat they were w.- 
<!M-.l>«.-.l e«>nviciiuns, :ind were retuvn«'d to the 
si'-.^i'Mi'" if peace ; some toSarre\ , uiid soiiu' 
into ill.' lloi'X, ami svnue w.MT ill "lu; clerk of 
ilir jj- ;•.(■». S hands. *\ hereuji.ui I told your 
\ni*» . it *:he woulil iro to the i l(il» of tli*' peace 
t'Tecjjiiis of the re< ordf;, iftht-v i!id not reudiiy 
givr \(»u eopi-.s :'.lj, our eliaiiie, I uoiild make 
tluiii ilo it, if .siieVaiiM* to eomj'i;i:ii to me; 
and it' tiny would not, I would l.iy tiieni by the 
heeN. \\ ln:ii in\ hiolhi r J«-mier e;iuieto' nie. 
said 1, I hi'lieve that which they have a mind 
to, is to know upon whi»si' testimony the con- 
victior.s arc made. -Novy that is tio part of th# 

U 



9S7] STATE TRIALS, a&CaABLis^lL iSU^—THaU/Thomat Rt^twrtl, 



conviclioa ; tnil tlitl we tbought ouj^ht not to 
lie grautei). Sqt in there any law tor it ; for 
that is to open a way to tite taiupi^ring with 
the kinr> W]lni>s^!!^. Ailcr ihk, theSre i»ii«t 
Mr. WaTlopf that came and moteU the court of 
Kingf's Woch about this txialtfr ; aii<i we jLfavc 
hitn the Rame anstver, that for any one to dls- 
«0f erthe k\»^*ti j^iUicssw beibn> thc^ eorae to 
trial i^as not to be allowed by law. If Mr, 
Attorney had come here, arwl wiid, pray, gi*c 
IIS a list of all the witiu'>ses that Mr. Hiosewdl 
will oiakc use ol* at his trial ; we shouM have 
denied his niotmu. <jihI Ibrbid l^ut that tlit; 
mritoesses you brio^ sbouhl be heard ; and that 
tlie witnesses they brin|^fihoutd be heard ; but 
Hre tnuRt prevent tampering wilb the witnesses 
on all sides, 

Boi, If the wilncases are snppiTssed, it is 
inpoiflsiblc to encmiiiter their testimony. 

L. C.J. What do you roe^ia by snppreaaing 
the tvitnesses ? They are here proilured* 

Mm. Their n&mcs, my lonf, upon the records. 

X. C J. Their nanica are never exposed, nor 
«uffjit to be. 

nv$. >ty lord, it is that which must enable 
Ave to mal^e my itefcnce. If we could have 
tlieir names, w% CMilA prove them peryured, 

L, €. J. It c«DDot ne by law. Yon have the 
wine benefit that all the rest of tlie king's sub- 
jects have. If any one be convicted of trcasou 
by witnesses (twenty in number) we never 
^iter them upon the record ; and ti* any be 
aeijuittcdf the testimony of the evidence upon 
that a<Mpiittal is never entored upon record. It 
may be in your matter^ it was not upon the tea- 
tiiiinuy or wUnesst!s that the convictinii was; 
lint upon the notoriety of tb*' lact, ur by con- 
Cession, as in the cuFf t»f Mrii. Bathot; ; that 
was by confession, and wrtne«»soiJ. Th<- noto- 
ri<*ty of the fact» or tlie coutes«>ioh oftUc piiiiy, 
are oU, and each of them sufiicicnt to make a 
er>nviction by record. Yon have tliesnmo li* 
bcHv that every sidijecl ha«. 

ifojL MrCourtbopeisthelleeovder^s clei^^ 
that saw the convictions in the tieiL of ll^ 
peace's hand* 

r.. C. X We cnnnot tell tliat, without tjie 
rli »k r»f tJie peace was here, 

lioi. Pray where is Mr. Charles Walker? 
f He appeared »] 1 desire you, hir, to testify 
whftt yrju know conccToing the coiiviction t»f 
l'fi/alnjth Smith upon Mr- Hates* for a con* 
vtiitic'le at his house the 13tli of July. 

llV*7Axr. You had a copy of itftom the 
clerk of the jujace ; 1 made it out. 

Rom, Of Mr Hales and Mra, Bith'^e, do 
you mean f 

Wuikrr. No, only of Mrs. Batlioe. 

Ein. Then 1 suppoHe we may have it; and 
thi^ clerk will testify it to be a true copy, 

IVnihrr. Thisi<i a true copy. 

L. C. Jf, Then tualte what use you plra e of 
It W ill yon Iwive it read f 

l?oi» No, my ford, not yet, If your lord- 
shr- ; ' - I'desire Ktchord Drew may he 
* u I we ver, if your lordship w%U let 

\kiw. .v.v> .iiui paf!!t>j^e in it^ that 1 ctiuaoi so 





pt^ 

so? 

would 
>k t3fl 



well read, it is ilk court b^' ^ 

Crown reads.] * Memomi 

♦ ralem Sesi^ionem pacts pro Loin Muhl ^r\ 

* timo dieOctobiia, tricesiino sexti»» \c.' 

L. C. J\ What do you make from t!j 
Here is a record of the conwction^ which sayi 
tl«it by two eredible w itm^scs^ unCi the no-=' 
toriely of the fact she \iascunf icted 

Ho*. Pray call Rieh«t.l Ih.-.* rvviro 
came in . T PVa y Hi r, \v 1 1 
M rs , 8mit]i *s prat-tice in n i 

Drrw. Upon the lltli ol July iiLst tbi 
was an aei^uaintance of mine, llj^t «ho did 
tend M'as at a moeiin^ 

L. C. /. Who was that that did pretend so ? 

DretP* Eli7iibeth Smkh ; and vtie would 
have bad some money of him. He eaoM l» 
\%ye^ atnl asked my advice. Yes^ said I, 1 
)ou lijul better ^ive her money, than to 
the ha/.ard of swearin*^ a^atma you : So 
did» He took roe alontf wiiii him to a 
where they were to meet, where she tnolt 
shillings, and pr<ocaiscd lie should come inti» oa 
further trouble »1>oat it r 

X. C^ J. Hail he ber ii at a eonventicle or not t 

.Dreii'. That 1 cannot say. 

L. C. J. Do you believe lie was, or w ;w! 

Drew. My lord* I eaaiMit say tliat he 
or was not. 

X. C J, But that IS not the nucKiian I ajiJi 
you : for you would not penwifwie him to ~ 
her money, if he had nothi-eu al a coiivvtil 

Drew. My lord, 1 did not know whetliar 
was, or was noL 

X. C* J. I ask yon agpain, did you believe 
i;i as or was nt»t f 

Dreu\ I believe he mif;ht, by hJv >- ■"* 
wilhnjf to take my advico ; tbouf^'h 
was a base thing to give her any moii: 
a matter. 

Rat, Prav, call James Howard. __ 

L. C, J. There he is ; what would you Iti 
with tiim. 

Ros. ^I> lont, I crave leSTi* Hrst to ntik M 
tress Shaft oe ; Are you Mr HiUonn wilbr 

Smith. Yes. 

Ros. Then 1 desire IVfr. Hmvard may 
what he know s < " (♦listrtss 8mi 

But Hrst, wlii* ire you ,* 

Smith, GeOP^r nniu* s. 

Hoi* What then do you know df her, 

liofuurd. r was once drinking a cup of 
ill Grub-street, where she did lake a parcel 
money in the concern of the king, my loi 

X, C. X Prittiee, speak up : In w hat 
cem P 

Hofwtitd^ $1ie look a bribe in the eoacem 
tliekin^. 

X. C.J. What dost thou me^m? 

liowwrd. Uf a person that had breti H 
meetina. 

X. C. J. Priibc5e, what bribe wan It T 

llouard* About II or 12 siiillinys^ 

X. C- X Prithee, of whom was it? 

H ' 'I* he man t never saw, vm 
woiii 1 came in by chance. 

X. V . .■ . . *v V ioo^ ajio \%\Sx\& ? , 




^29} STATE TRIALS, SG Chari.es IL J 6Si.^for High Trtifsom 



HoKCTxL AlH>ut the middle of July last. 
L» C J, Who ditj you di$cor«r tbis luttlter 

Homnrd. My lord, I was only drinkiiifT a 
oip nf ale ; ami 1 disecovered it to Mr. Dreu , 
wmat inillcd last. 
Jl C. J, Was Mr. Drew one o£ them ? 
HcnrairJ, No; Mr. l>rew 1 tirii nciitiainted 
; tie is 111^' aeighboiir. 
L\ /. W lieo were you at ckurcU last ? 
tfc«K«rt/p The last Lord's day. 
/*, C. J, WbettJid you receive the sacra- 

tiarard. Hy^ord, t ocfCf did* We have 
10 piiri»fa -church at pn^ent ; it is now *- 
kidob^. 

/* €, J. Where do yon live? 

Motparti. lo Mugwell street. 

L. C X Uaie you no {>ulilic preaching' in 

isb? 

I do hear Br. Fo\*ler, and Mr- 
too, eotnetiiues. 

That is» V hen there is no eouveu* 

ipose) iu the way. That Mr. Hinytliies 

dwler are both very well known, 

t$ Mr*. Anne Farry here ? [She did 

ar ] Pray call Mrs. Anne H i^jjirenson. 

Aneai>t;d. ] Do you know Mi^. Shaftoe, 

ridtoB* as fihe is called ? 

M y lord , 1 ha v e v cry Uttl o kno w - 

a^it ber ; I Itave known her hut a very 
litil^. 
.Bail What te^^timony can you give of her 

CUBWIMlJiOll r 

Bm$auon* Smoe I have known her, 1 have 
h^xmmmt lil thinga of her : iiut 1 cannot 
9ptak to any thing^ of mine own knowled^. 

X. C J *Wfi\% so jieople may say a great 
■M8I i^fyou that you do not deserves 

nartih iiii^ of. 

Hm. Call Aane Carter. [8hcdid not appear.] 
Idatie sir John Talbot would please to fie ex- 




Mt appear 



J. C. /. Here ts sir Jolm Talhol by nic. 
iKof. Sir, i desire you would please to testify 
tslhr court and the jury what you know con- 
' '•' ■" -iventation of nui^tress Sbaftoe^ 

Mrs. Hiltno. 
.-„.. .».iA>£. She was a aenrantt that 
my bouse a great many years ; but I 
t tise to converse with her. 
^Soi. No, Sir John ; but what do you know 
' her conversation while she hved in lOur 
wumf 

% /. Tafbot. AH that I know of her, is, 
ifce had nov^y good character in the family. 
L (', X Do vou know any thing of your 
«wnk ■ ? 

Sir As to any thin^ of my own 

bowknigf J I cannot speak ; it is all no other 
in hiear->«av from all the family. 

. C. X But I ask you what you know of 
r own knorwledge, Sir John. TeU us tl»e 

tlUr* vnii yOUnilf kuOW. 

It was the complaint of all 

l^le house, that she was guilly 

^ ttihay to and stories io the taimly. 



Jloff. Was she reported in the family a Ire- 
tjuent lyar ? 

Sir / Talbot, She had that cha^-acier in tl>c 
family; all the servants ('omplaimtd of it. I 
only inow of other ihinj^s siuce she v% as gone 
out of the family ; and lliat she has been coo- 
cerneil in an odd sort of practice<» about at- 
tempting to steal away a younof lady. 

L. C. J. Do you know of a of your owa 
knowledge f 

Sir X Talbot, I had it frotn herscH; and 
upon her own af&rmation. 

£. C. X What wtt» that ? 

Sir J. Talhvt^ It was alnjut the practice that 
had beeii set en foot of chL^atinq: people of 
raone}' for procuring Ibrtuiwis ; iiuriiculariy 
eoncernincrltie daughter olone sir H airy Jones. 
And there have a great many gentlemen Inrca 
abused about town in that 'matter, and made 
beliete that this woman had an interest in her, 
and would put this great fortune into their 
hands : I have not been privy myself to a»y 
of the negociatioos, 1ml 1 have understood 
iherL* were such practices; there was one 
Salem and she that wei^e engaged. 

L, C. X Look you, sir John, Do you know 
this of your own knowledge ? For %ve must 
not hear evidence to take away people's repu- 
tation by hear-say : If she hnth confesseil 
any thing* to you, you may speak that, and 
let MS know it. 

Sir J. Talbot. My lonl, if it be not too long 
to give yon tlie circumstances how 1 came to 
know if, [ will tell you what 1 have been in- 
formed about it. 

X. C. X No, that k not evidence, sir Jolm ; 
unless you know it yourself, or had it by her 
confession. 

Sir X Talbot, IMy lord, I do not come here 
as a voluntary evidence, but I am here called 
upun. And J "in v lor<l, I think I ought to give 
my lestiinunv, Tlu ntan's hie be concerned. 

J., C. X iind s^ ought %ve who arc upon onr 
oatlifj, to insist n^m it, that you give legal evi- 
dence, what you know of* your oivn know- 
ledge ; and 1 ask you here again, whtdher 
what you relate he of your own konwledge, 
or what was by hear-say ? 

Sir J Tot hot. My lord, 1 had notice sent 
me by a letter, That there was a gentleman 
come to Thistlenortb with a coach and four 
horses, with a design to steal Mrs. Jones. I 
cannot ftemembcr vmether there was any name 
to the letter, but soch a letter was sent, and 1 
was to inquire about it of this Ellinor ShaiV>e, 
who was engaged in the design. I sent to 
her to come to me, and she did come; and 
told me that there had been such a practice of 
one Salem, and she would bring a ijentk'man 
to discover the whole business, and she did so ; 
and brougtrt this Hilton (by whose name, as 
her husband, she owns hersett^, and he came 
to me, and gave me a note of several gentlc- 
men'.s names that were toaccrticd in it j and, 
t behcve, I have a book wherein their names 
are, 1 then asked. Why she did let it sa 
long rem, and the busi&ess go oa »a ^ ? Mr. 



931] STATE TRIALS, 36 Charles II. l684.— TV-ia/ f^ttomai Rauwetl, 

Hilton did confegs, that one particular fj^entle- 
inan had been kept in treaty, who was a coun- 
try-man, and came to live ui town, and was in 
town the greatest part of the winter upon this 
de4>!vii ; and did walk that way, expecting' that 
this Nau Carter should hrhigf clown this Iieiross, 



eto that they mitjrht have an opportunity to steal 
iier. Mr. llihnn had no otner way of an- 
phmtion to me hul by this Shafloe. ; and he 
(lonfissed himsflf, that he was a party con- 
cerned in tho dcsif^ii. 

L. C. J. Ay ; but what did Udton*s wife 
say ? For wli'at he said is nothing^ to the pui- 
jioso in this point. 

Sir J. Toihot. 81ic is one that I had no com- 
munication with, nor couTcrse, while slie was 
in my tamily, othcr\vise than as an ordinary 
servant ; but this same Mrs. Junes was my 
ward. 

L. C. J. Did she confess she had any desi^fn 
in this matter ; or was to have a reward tor 
scttinfijf the matter on foot ? 

Sir J. Tulbat, \o, my lord ; she did not 
particularly confess she had any hand in the 
desii^^n, but it was that which several other 
persons have come and inquired since of my 
tiinuly abiiut ; who have told me, that there 
ivas one Shafto^, otherwise Hilton, that was 
cpnccrned in it. 

L, C. J. That is no evidence, Sir John, 1 
inust tell you again. 

Sir /. Talbot. My lord, I cannot make the 
evidence otherwise than as it is. I tell you 
>vhat I know. 

X. C. J, You understand yourself so well, 
sir John, that you know it "is not evidence ; 
;ind you arc not to talk of what other people 
havetoid \ou. 

Just. }i'Uhin$, How long did she live in 
your family ? 

^■ir J, Tfiihot. I cannot tell how loni^, my 
lord, but 1 believe she was there ten yrai*s. 

Just. Withins. Th^t is a strange thing, that 
you sliould keep an ill woman so long. 

Sir J. Tttlhot. My lord, v ilh your permis- 
sion, she was a S'jnant when thi't child came \ 
to me, )ind when the mother died ; and my I 
wife did not think tit to put her away ; s<i she 
came and staid v»ith the child as lonp^ as my t 
wife could keep her ; but at last bhe did fa. '< 
Oitnit ditfei'cnces in the family, lies, and stories, ! 
and was found to be a pers«)n not fit to live in { 
the family ; and therefore my wife was afraid '. 
to keep tier any longer and put her away. j 

£. C. J. Well, i\lr. Rosewcll, have you any I 
other witnesses !* 

Ras. Pray call Anne DilUnarham. 

J.. C. J. \Vell what do you ask her P 
. Hot, My lord, I bring this i\ it ness to prove 
coneiTo-ng Mrs. ShaAoe, alius Hilton, that she ' 
off CI ill to sweur against people, as being at 
Vou\t..itiL'!e.'i, uliom she had never seen. 

DiiUngham, ^9^e lodged in my house, . iid 
is a VfM-y ill woman ; and asked nie to hwcm * 
^ racetiugsthat 1 nevtTrkncw anythimrof at 
•U in my life. I never was at meetings but \ 
l^lmt thvteoii yoar^ a^ { asked her why I J 



should s\vcar, or what I coold swear to ? 
told me, 1 should have a share of the mi 
if I would swear to what she said, whet 
wore right or wittng, 1 should have a slia 
I would but swear. 

L. C J. How long ago is this ? 

DiUingham. Two years ago. 

L. C. /. Who did you tell this to first i 

DUlingham, My lord, I am subpo 
here to give my testimony. 

L, C. J. That is true ; but who did 
tell this, that you Ulk of first to ? 

DUUn^ham. My lord, I never told it t 
body but her, except it was to my own 
banil. 

L. C. J. But why would you keep t 
a secret, and not tell it to any body ? 

Viltin^ham, Why, my lord, Tdo not i 
it for any malice to her jat all, I assure yo 

L. C. J. Where do you live ? 

DiUin^ham. In Long- Acre, at the Gn 
Ball. 

L, C. J. If you live in Long-Acre, 
came you to discover any thing of a n 
that was transacted at Uotherhith ? 

DiiUnghum. 31 y lord, I know nothing 
of my own knowledge ; but what she } 
have |)crsuaded me to. 

X. C. /. But how came she to talk ti 
about a matter at Rotherhith? Or, yon to 
any thing about her ? That 1 desire to k 
and how you came here ? 

Dillingham. One Mrs. Peirce, thai 
neighbour, asked me what I knew of 
andso would subpoma me, because she k 
at my house. 

L. C. J. How long did she lie at 
house.'' 

DiUingham. I cannot tell ; I believe 
half a year. 

L. C. J. Well, what iHwame of her ? 
did slic U^have herself? 

DiUinghtim. My husband turned her 
the house, and would not entertain her 
cause she kept compnny with a man thi 
none of her liusband. 

L. C. J. Why, can you tell when they 
niarrif d i* 

DUlinehmn. She went as the wife o 
George IJilton, when she was nor married 

L. C. J. How ! Was sho not married i 

lJtUin"ham. No, they witc not ms 
then. He was not her husband then. ' 
are a great many of our neighNiurs tha 
say more than 1. She is a naughty 
woman ; a very ill woman ; if I sliould ca 
whore, 1 believe she might trouble me ti 
but I believe il to be true 

L. C. J. Have you any nwre witn 
Mr. Ri sewell 1* 

lifls. .\'', II' \ li>rd; hut I hope your kn 
will i^ive me icavc to say something t 
court aijd jury. 

L. C J. Mr. Attorney, have you any 
vtitnesses to call tor tbe'king ? 

Att. Gen. My loni, we have some 
qcsscs to support the credit of thc^e witn 



23S1 



STATE TRIALS, 36 Charles 



that we ha?e produced : But we do not tliink 
tbeffe is any »eed ; nor that it is any way di- 
Biaisbed by the defence of tlie prisoner at the 
ter. 

L.C.J, Do as you please, Mr. Attorney ; 
fo en your own way ■ 

' Att'Grn. >o, rny lord ; we shall trouble 
TOOT lordship no further with any evidence. 

L. C. J. Tlien, 3Ir. Rose wolf, let us hear 
vliat you ha%e to say further li>r yourself; for 
alltlie wiuifftses ha^e been heard, of one side 
ia4 the other. 

Mr. Hmttnreil. My lord, and dear country- 

noi, who are to hemvjud^ in this cause this 

Aiy, what I now speak, is with resjM^ as much 

to their precious .souls, who are concerned 

cidKr in prusri'Ution, or tryini^ of uic, as my 

mfaf<:ty. There is not a man of you of the 

'jmy\ thc.ig-h you are stranpfers to nie, but 1 

••wl by down my life to-morrow to save 

laeof your souls, if I mi^ht bean instrument 

Iktffin : How much more then all of them, 

i the mnsMderation be taken of the worth of 

li inniortal soul ':* Your lordship knows, and 

iai teosibk', liow unlit I am now to do such 

iflhiof as this is, in the company of so many 

laned raitleiiien of tlie loni; robe. 1 ha?e be- 

Inttd uready t<io much of my i^'norance in 

■^liainf, and 1 hcj; your parilun for it ; and 

Ibably than k your fordship, and the court, 

fcilkiiBdol^encc tliat j^ou nave shewed to- 

MiiiBe in my infirmities. You are, my 

M Mil the presence, so in the place of the 

niM, the judjii^e and lord of all, at this 

«]: \m are Clohim, I have said ye are 

«l4; wbMe propei-ty it is to help the weak, 

Mi <p « yiM K>nat<r the' innf>rtMit ; therefore I 

ttktdki apfilfig-y in reference to my own in- 

■wat ii , and niv ^rrat inability to sum up the 

fMbthat have bren in this cause. If you will 

|M»y m*akn%?NS in competition with their vast 

M»m, who arc of counsel for the king^ 

ipOM mtr, and my i^'norance in the laivs of 

^ bntf a:n*in<t their arreai kriowle<lg^e ; 1 

«»r4Hii cxniTt lo he overtlirown, notuith- 

■»^".'iio . '-e is very innocent, and 1 have 

Wit.-* •! i:'.- •ve'Sence of (rod the trulli of 

■f bfar: «lr . f..i\ . An'l if 1 were to be calh'd 

•iHeliftr *,! i!)/. .J- si C-..d, the jiu|;^re (if all 

*fe«th. ''..t-jr.-: I nU .p, I shoiilft ^jieak the 

■■^th" ••». i-j; I »?ii'.t, airl .. » <itiiir. fain 

•■■fck a lyi iv hfith a base, ami a vt-ry \% irked 

fcuff; nadtli-: I " i:*.ke thai liurieth with urc. 

•jTrp - \ V.'i 'ill lujis. An'l I ]»i-ay Ciodcon- 

'•wth**.- I'l-ntli «n»ucn •'u'nin they have 

••!»«!♦•<! .'f\ :;I*ummI me hat thev inav rcpri t 

jflkirnin : m hich (I bU>s ' Ind) { l;:i\c pray« •! 

■filrsn «ii"-.i il ivs f:ver hiiico 1 was coiifinnl, 

I II ill (zikI Willi tiM'i'.s, in rharity to 

vr:|.. And ! Wi-lit-ve I ha^e prayed 

^^- — Jus maie'^ty in ime wicrk, than tlsi'v 

■•^d'/otf ri ;iil il;i:ii' lives, 'i ii''y are n<»t 

.■»lia5'<» tr.'euds. hnt his ciKMiiit s in hriin^iny;- 

•fclte^atii'Bs against ihosr that an* his inu-, 

iMri, asid Innocciit subjects, as I am, niv 

pikwnretH. 

* M Wre, my lortl, I woukl first observe the 



AKsferliis 



II. l684.-:/or IHgh Treason. [S34 

variations that are in their evidence. In the 
iirst place, Mrs. Smith swears, that the text 1 
preached upon was the C>lstchapter of Genesis. 
And hei'c is .Mrs. Hilton conies, and she swcari 
afterwaiHls,thatit wasthe i>Oth ; herein they 
\'ary. Then I sujtpose, my lord, if they vary 
and differ, in law they are not two witnesses^ 
but difTerintr so are both of them incredible : 
And I thhikthc Statute haw of this land is, 
that a man must be convicted upou the oath of 
two credible witnesses. 

Next, my lord, here is mistress Smith 
swears, that these things were delivered, which 
are char<!fetl in the indictment, all together in 
the morning-e.xcrcrise, in the foi*enoon : Whereaw 
your lonlship hns iieurd from several witnesses 
(and I do not know one man of them but fears 
a lye ; and would have sworn to the truth of 
what they have spoken. They tell vou) how 
every passage that these people woufd pervert, 
must come in, and how it was divided. I hope 
your lordship will pardon the infirmity of two 
or three, a few illiterate men, that are weak, 
and could not so well instruct themselves to 
speak in a court of justice upon such an oc- 
casion : But upon the whole matter, they give 
such an account, all, that it cannot be pre- 
sumed, or thought, that they should agree to 
speak any thing that was not true. And 1 am 
confident, there is not a man of them,'but would 
take his oath (as I said) of the truth of what 
he has here declared. And they have declared 
that there were two distinct exercises, as 1 havo 
protested in the presence of the great God. 
That in the mornmtif was upon the 20th ot 
( jencsis : And the other in the aftiTnoon (there 
hi'ing an hour that past between) was upon one 
{^articular verse of a chapter in the Epistle to 
the Hebrews, quite distinct from the other 
tliscourse that was in the morning. She not 
only varies from ihc truth, hut also from her 
f«>llow-witnes$, that it was all in one exercise. 
This I submit to your lonlsliip*s and the jury's 
consideration (these worthy gentlemen that 
are to judge of niy life and death) whether 
they are two credible wimesses thus varying. 

Thn-e he several other things, my lord, thai 
iKH^ausc of my pr(>sent infirmity, 1 may uot so 
readily call to mind ; hut which ought to be re- 
c.illo'fand recolhricd, as in reference to the 
lirr-Non, w hr.sr house we met at. One says it 
was (>:u- ciipt. Dauii'l Wehlv's: .Another that 
it wa^ our Mr. Daniel's, l^herein again they 
vary ir ''cfi:ivn«'e to the person ; and if they 
are'oiit in one thing they may be out in another. 

Smith. I can say nothing about hLs name ', I 
ncvn* was then: in my life iM-tore. 

L. ('. ./. >listri*ss ! uiistnss ! You must not? 
inten tuit him : he is upon his dclcMK'e for his 
life. 

Ko.v. Thru, m\ lord, she sa\s that my text 
in the attcriiooti uus u])on a 1*:alm ; and 
then.' was no sui'li lliiii^-, as yoin* hirdship has 
had il partirnlariy nunW :i|ii)car tn you. 1 
have ingenuously told you thu te\i aiitl the 
truth : I li:iM> spoki'U it from uiy heart in the 
prebvnce of tlie j;i*oat Clod ; and ui»on what 



S35J STAT£ TRIALS, 36 Charles 1L i6S4,.^Trial of IHomm Rouwell, [236 

occasion e%'ery passaj^e that they haTe wrested 
was spoken : And your lordship may thereby 
perceive how most abominably they nave per- 
verted my words. Now, they having wr»ted 
my words that are innocent in them^lves (so 
itir from being treason, that I do not know 
there was any fault or crime in them ; being 
only plain scriplural proofs of doctrinal pro|K>- 
positions in divinity, without those applica- 
tions that they have pretended to), certainly 
your k>rdship and the gentlemen of the jury 
will consider what is most probable or likely ; 
what they have declared, or what you have 
beard from the several witnesses that 1ia?e coiofts 
in lo testify concerning me. 

My lord, I was going to s^ak somethiog to 
your lordship of the great wickedness of their 
making the application of what was innocently 
spoken and meant, to the late king of England, 
and his present miyesty whom I daily pray for, 
and always did, whatsoever these witnesses 
have declared concerning me. And your lord- 
ship has heard my maid testify (whicli I little 
expected) that I used to pray fifr the king every 
raoming and evening in my own house ; and 
God knows that to him I have addressed myself 
for him daily: And more than that, she heard 
me (when I thought none hot the God of hcAven 
himself had heani me) pray for him in my 
ck>set. I would desire your lordship and the 
jury to consider, whether these are not the 
criminals (and not I), that they have ooada ap» 
plication of innocent passages, and wrested the 
words, that were plain and innocent in them- 
selves, to a wrong meaning, to make me guilty 
of High -Treason ; apply lug them to his ma- 
jesty, when I never uiicuded, or thought the 
least of any such thing. 

Mv lord, I doubt not but there have been se- 
vrruf that have joined in it, that have helftcd to 
frame and forge this accusation against me. 
And there is that which T suggested to your 
lordship in the morning, in the beginning of 
this cause : These |>crsunK have not only, or so 
much sworn nic a knave, hut a perfect fool 
and a madman, to speak such absurd, incohe- 
rent, inconsistent, solccistical, and nonsensical 
things. I believe there is no man of common 
sense and reason, no genth^man that is here 
this day, that cum imagine that a person, that 
had the use of couunon sense and reason, should 
speak such absurd things as these are. Be- 
sides, my lord, I ha\e brought witnesses, se- 
veral of them, to testify there never was any 
such thing spoken by me, as they have trsti- 
tied against me, and nilsapplii^. I have like- 
wise proiluccd scv(M*al |H-rsuns to gi%'€? evidence 
of my usual and constant pracrticti with relation 
to the king and govern meui all along, my con- 
tending fur monarchy, and against anarchy, 
which did too much reign in these late days uf 
confusion, which I remembi-r by very sad ex- 
perience, though I was then indeed biit a child. 
And when I came to he a man, I used always 
to observe the .SOtii of January, :uid the 20th 
«vf May ; preaching upon thosc*da> s, and press- 
in^ people tu ouedicuce : auJ inveighing 



af^^ainst those that had acted against their prin- 
ciples, and were rebels either agamst his pre- 
sent majesty, or had been concerned in that 
barbarous act agamst his royal father ; which I 
did utterly abhor. 

And, my lonl, mcthinks it should have heco 
very unlil^ely that a man, that should make it 
his common practice so to do, as I have terti« 
tied concerning myself, should fall under wch 
a suspicion and accusation, as I now am ; or, 
that such on one should fall into such a solecism, 
as the words tliat are testitied affaiust me mart 
import ; it is very unlikely. I leave it to the 
great God uf lleaveu to Viodicate my inoo- 
cency in the matter ; which 1 do not question 
but he will do. 

Then, my lord, here are several gentl< 
of the church of England, that have 
concerning my conversation. They have had 
acquaintance with me many years, some of 
them near 20 years ; the kast 8, 10, or 18. 
They never heard an indecent word, with ra- 
pect to his majesty, or the govemmeiit, fidl 
from roe; any unwortliy reflection upon either 
of them : But my constant practice was l» 
pray for hb majesty with all eametlnen ani 
solicitnde. There arc several of tbein fan* 
tlemen of repute in the city. There era pir- 
ticularly two persons, that belonged to an hi^ 
nourable famdy in which i lived eo mmf 
years, who give a testimony what my convcfw 
sation there was, and my constant practice if 
praying for the king, while I was there. Thii 
your lordship, and die gentlemen of the yarfp 
have heard aiid observed, I doubt not. 

But, besides that ; your lordship and thejnry 
I hope, obsen'c as to these people, who nraw 
against me, what my witnesses have testified, 
that they would swear any thing, and finw- 
swear it : and what a character is given can*- 
ccriiing one of them particulariy, yourloniihb 
has heard from that wortliy gentleman, nr 
John Talbot, whose face I never saw befoin H* 
was in this place. And by tlie last witnea^ 
you have a testimony concerning her lewd can* 
versation. And siiveral other witnesses pratn 
she would swear any thing for them, it they 
would swifar fur her. So that it appears aht 
would, and does swear at a venture such and 
such conventicles ; only unon hear -say, and 
mere report : and that she lias taken moncgf^ 
and made some comp(»sitions too. These thin^ 
f must refer to your lordship, and tlieae worthy 
gentlemen who are of the jury. 

Ifthf-n, my carriage and conversation te ' 
well known in the world) be compared wilk 
that character that is given of tliese persons, !• 
niiibt humbly submit it to your hinlship, anA 
the jur^ , how ihr they arc to bcbelie%cd againil 
mc ; and might argue from the incrcdiUTity eC 
their testiinuiiy : but your loniship cannot bnlr 
remark it. 

31y lord, it is very strange, that these t«# 
women sliuuld exactly remember these words* 
They agree in every paiiicular circumstanco* 
I durst appeal to your lordship, and the jnrf^ 
particuhiriy to thejnry, if now the}" would on-* 



m 



STATE TRIALS, 36CHAlltKs IL l6u.—f€r High Treason, 



r338 




ilateke M rapcti upon tUeir notes^ the words 
ibiihiT^fo o4le» been repeated liere ; and whtt- 
iber tfcoe is any of Ibcn woulil be able to agree 
kiitliie|MUtieiiUirwqrds? They have an in* 
"'*' t memory, that couM so exactly agree 
thnt tbcae wen the i^ords. f do 
*usto yuur lonUUip. For, my 
n 1 i . f'ss ot my defence very much, 
Itely upuii Uie incrcdiluliiy and improbabi- 
ft kill evi'u ibf iiupus>ibitiiy of llie cvideni-e 
1 tWy ba^** t:tv(*i», I liuiiibly submit it, 1 
wy. twyour bnkbip, anil these gentlemoA ; 
tlulkai^cH with thtfUt and the great God of 
Emtfii, ^]iom 1 prBy to direct ihem. 1 hope 
tiiBy will rtHifiuler the lite of a man^ and the 
ittirtb of blood. My loni, however I am repre- 
waled ih»day^ 1 know mysiLf to be a iaithful 

aKt to his majesty ; and to the great Gtid 
^ eaieti, wbose I am, and whom I desire to 

tfy kid, 1 will now, if you pleaie, i&genu - 
■_ ^ ^^-_j^^y crime, if it were any» 1 have 
Dtly preaching in my congrega- 
liatt,iKilol*yie scriptures, and it b true, as your 
Mdup ««ct, the chapter came then iu course 
to be expottodcd : which 1 useil to do, to let the 
undefstand the scripture, as well as J 
I ; lor th« people perish for lack of know- 
! ; and it i!i by the kno%vle<tge of Jesus 
^ 'i V must come to hit? and salva> 
know is life eternal. It has 
**^jr lo expound the scriptures to 

mf h Ui£ presence of the great God, before 
ilapeftk, towliom t can appeal for the 
landmiegnty t»f what J «iay,tliat Godiiefore 
ibotu we must uilsiaod (all, Whose faces I see 
' slulJ meet, und see one another, at the 
tribunal)^ It ii to this God tliat I appeal 
Itdlhv truth of my heart in these thing;;, 
lad, tny lord, 1 shall continue, as I have done, 
kMtevi^ God diiiposeth of me, to pray for the 
lilriii'} ssof his majesty : my usuai 

_ and evcniog^, being-, that. God 
rn uim with grace here, and fflory 
tJicreafter. And this I shall do by 
^'' ^ ' d unto my dyin^-day ; for my 
-Mch things OS have been tM*. 
i..i^ thi*i day 
' lord, 1 have dealt tu^ plainlv ivitb 
■irn\ thi- inrv, n§ I ca«. My in- 
'..' to leave my whole 
'■'■ with tliese worthy 
country lilt o<, who, I do not 
V i\ jitst rompa*»sion and con- 
e, under these circum- 
Mid| and to all the cir- 
Uicus tlialtuve been made out in this 
ttM this Jay. 

L C. J. '* ' 'ley, will you please, or 
f m1' tht: i i^eli to say auy thing in 

ittef ; 

^Oen. Bio, my lord, we leare it entirely 
r lordiyp. 

C. J. GGitlemen of the jury, thif case 
k|| bcU a long ttuie ; and, gentl«meQ, f must 
liyQu, nob^yougiitlo think time too long 



in a case of this nature, wherein the gotcm**^ 
mentis so much concerned on tli« one sidef^ 
and the life of the prisoner at the bar on thi 
other. * Et de vita hominis nulla est cunctatia 
' lOTiga.' I think no man ought to appreliend 
his patience too much tired in finding out tlii 
truth in the case of a person that is tried tor bii 
life. However, gentlemen, by the way, I 
cause the case has been long, it is fit that th 
should be sonie recollection made of it ; 
in order, ns near as 1 can, that I might lielfi 
your raemoriejs in the evidence that hath 
given, both for and against the prisoner at th 
bar ; I would endeavour, as well as 1 can, 
repeat at least the substantia] part of it to you | 
and in c.i&e any thin^ that is material he onut 
ted, God forbiJ but it shouhl be supplied 
any one that is able for to give any assistanc 
of that kind y for V cannot pretend to be »o eX4 
act, as to give an account of the whole eviJ 
dence myself But, gentlemen, I must teT^ 
you it isa duty iocumwent upon the court, i 
give you all the assistance that can be in 
matter of this nature, and I will do it with i 
much integrity, and with all the care and cau 
tion of doing no injur%% either to the prtsone 
or to the king, lietweeu w'hom we are to be in«( 
different, both, you, and the court, as possibU 
can be, that there may be no wrong done oi 
the one side, or on the other ; and, according 
as the prisoner lumsolf both said, w hat 1 sha 
!«peak, I know I Kf^enk in the presence of tb 
great God of heaven and earth, who is to 
the judge of all men. We are upon oar oaths 
and you are upon your oaths ', and we arc all t 
us bound by our oaths that we have taken, to 1 
guided in ibis weighty affair (for so I must call 
it) by the evidence that has been given to tis i 
this time, both against the. prisoner, and fo 
him. For certainly there cannot be a thing i 
greater concern, nay, even in point of oom« 
passion, than to see any man come to be ac-^ 
cused of so high a crime as the prisotier at 
the bar is now tried for. And he must have a 
strange obdurate heart and conscience, tliat 
cannot so far participate of tlic comofton sym- 
pathy of hun\an n.nture, and his fellaw*Gmt«i 
tures^as tocumpas*sionateany one that i 
in such cireumstauces as the prisoner 
But then, on the other hand, the denials of tha 
prisoner at the bar, with all the imprecation 
that he has made, and at! the affirmations tha 
he has offered of what lie has formerly done| 
and all these things of his appealing to 
great God of Heaven about his moocency, tha 
I must tell you, of themselves, they are not 
weigh with you ; for jour business is to ktiow^f) 
according to the oath that yon have taken, 
whether you have eiidence given to you 
(since you a re sworn upon this trial) to satisfy 
vou that he is guilty according to that evidence, 
^ that if the attirmation of the person ac42 
though attended with never so many uap 
tious one way or other, be offered to persQiMi^ 
are in your case, as jurymen, it is not to wc 
with vou at all one way or other, if it be o„.^ 
the atifirmation of the party accused j for if so^ 




180] STAtE TRtAJLS, SG CiiABLES IL l€U^T}*iat^'I%ammm$meN. \i 



I 



I 



IbMillierttiVfl aid never be anj gfuilty f^ieraon 
bftiu^lit W-riifp i»rtv 'mrv wliatCTemer ; or any 
Of I any^a<^^i€at, or 

be if hisr Q\%n aifir* 

mitiilii I iiiii I iiiini, hmtM^ii^ and hii own com- 
MtodBltioiis of [itinscir, woutd be nitfiiaii^nt to 
■equit liictK iirn\ set aside liia aecu^alioh. ^ 
tbat hi»w yon arc 10 {(ti accordifi;^ to tbe evi- 
dd ~ l. And so are we, a^aicuit this per- 

i4K: lV»re you. 

<it_!iiHni>°ii^ lamsjlsay tliat it is very unto* 
wiird, and, I bope^ by this cause there v»Hl be 
ftimmiiig giveD^ at Least, to other persotii:* that 
Ibere k&ve \t^n too many notorious tmnB^ 
grsMOtB of the law in this mcnter of convett^ 
tidoi. 1 Bpeak that, not to affect this ease at 
all; but 1 speak of what the nation haih hail 
Intlao woftil ex^i^rience of, ds to tUefiCsetiittouE 
meetiD^f thiit tire, and have bec^o contiuiiallv 
kept up in opposition to the laws ; and I speak 
tiothtn^ a« to the rneeting that was at this time ; 
hui I *pcak it, that others may be warnwl for 
futiire tiroes ; for always miiiK^hief attends the 
nptm and public traoagresaion ot* tiicj law. God 
lorbkl, hut that people should uorsbip Uodj 
aodserrte him, ai i * their own cf>n* 

•cieocies; iberufoi lia been so indtiK 

gttA to tbctDf m t<» L : \ t> iiiLm leave to e^xcroi-^e 
ibfirrdigioii in othci munnerthan us i^donr in 
thecbitrvli of Eugbitd; providi-H ''■ - ' 
any oirasiou «jC tumuU ; but tli:*^ 

ahtfir* tive^ except those, of the s.i..., ,..\, 

Iteting ttjgethcr ; i^hich yon knoiv the act of 
pafkament Imth provided lor. And the truth 
of it is, the rta^son of ibe Ltw i* very plain r 
For yon all know, who at*e|rcntJlrnKV oi'<]na- 
hly f that ibis law^ as well as another law, that 
has so great a rehuioii to the cTiS^ bHbre you, 
liwes declare, that from I hes* . of ae- 

dition and tiiclion rurif eatici i.c clubs 

and cabalK of discontented, uic^ui^ir j)eople, 
dtaaiTectetl tolhelawsb'Jth of chiin:h undiitate, 
Wasllie^rcat mi:afebicf and cnidiLsiuti (fmt W]i«? 
tMrOQght upon us, and ivhich at Unifxtli brtiu|^'^lit 
IB into thethstmctions of tb« ' ' ^ , 

Gentlemen, I mustt^ay hk lo yon, 

tbat wbatsoevcrtlie prisoner «. x.r thinks 

Dow> tliat Wcased martyr kin^: iU»arb s the list, 
was by such means brought to that bovrid, qc* 
nursed, murderous death and (Tud ', 1 cannot 
Qftllitl«s«than so, in relation to the persom 
that brought him to it, nuder the prtitence of 
religion. It was the cry of I'optJiy and arbi- 
tnty power, of whicJi he was no way gnilt;\% 
tlkuug-b that was insinuated into the rViinds of 
•iiiy fieople, those ignorant souls, that wcxe 
eMtly £aptrra|ed with a base 1 ye : but th:U wok 
lb« I Many of yon/ ' j rm, that 

m» Aigy remember ii ": ; and 

many oi >iiu mfe« and eami<pi duk jmveseen 
and raadlneiiisliiry of tliose times, ami hare 
hien so eonTennnt with the practice of thejte 
people suice, tliatyou arvabte to make ujud|^* 
lacttt in the matter. Ail these sort of ibhigs 
wet but pfetmces, and Mr jhcws of djingwous 
■ad §edili«tis people ; that which vitis tnoit 
tlMgeDoiia to\is»tthftltiiius,ttDtl |.ani apt to 



fe will be s^ 
peop1<i come i*t ■ 
dition, iti> 
Fnr, a rati. ; 

It a^iost tiie i 
' i of the citshtoTi 

the Uiutiii^ any dnim in t 
well known these Mr*» Hte 
laction* that luit^ 
lh«re lo in<3F>nse 
rillanic3$ cbat tjo: 
us we know ; b- 
UH into thnt 
time^: At: 



kiai^^m chain«i, 

iron ; and raises ( ^ 

of scripture-, that were ci i 

quite tar other purpof»(!s, i<> 

prsf^ices, to make |»oople kih . 

aootntnd, itnder pretence of ^/i 

tecting the anointed of God. iiut mIm 

tbcy tneun byit'^ Prrty, how did lUejc^ 

come t4» t)\ \: ' : ' , 

pery, whi ; 

ntl luannur i»i r* iif^i^i^'ii, tnnu r n 

1 1 tut? t^M that you jfrew to ! 



to- 



Ihey cuine all Uito ofhie^ and the more < 
va^nttbc ni(»re im trrrtd ; no that 
t he bf (^Kio ^\xtu\ I r p ro v ide at^ I 

by a seixjud >' n. trdueiiiu^ i 

some sort of onler, in i^«t* 
jesty (whom I pray God t^ 
orer IIS ; and sr» ott^lit all U'\ 
pray), what a uiiM-rabk condith 
in ! And I may call it a sr 
hvUtiT the re^urpcetion oi 






U, - ..,. 

SOTS of it V 

were the |!i. 
Gerulemen^ I 

Tnv\ -i, t!):it havr i 

king, have {nkvu not ice, that t 
. all the tnischief hath lH<en > 
Akid iliui the (i^reat iucc^ndiaries of all sorts j 
boiliou wr-rp tltr^e. \'^'\\*^ took njton fli 



known to you nil, that I must leave to 

and tr I - ^^'. i.-i ,j|*ane^ to Ih 

case, ' ■ iti!T>; ttM 

ibnt t not jibet orassiist in any 1 
tii ' , or that is known to her 
! 1 they think; far the 
M *:pon Tt one f line or aontlu 
them prvtetul wbat th«y will, Aa lb at 
1 



941] 



STATE TRIALS, 36 Charles II. l6S4.-:/or /%* Treason, 



mi 



t1«nan say^, he undertook to expomul, and 
teach his people the koowlcdsre of the f lOrd : 
the kiiowledi^ of the Lord is a very ^ooA 
li-sson to he learnt, and to ho tauq^ht all pco- | 
j)le; but blessed be God, we thank him for ■ 
it, we have chnrchmcn of as gfreat learning | 
(without an V reflection upon the gentleman at | 
the bar) as lie can pretend unto, and fiien as ' 
pious and virtuous ; and perhaps we may say I 
at this time, with a little more confidence' than 
ordinary, that we have as learned a clerify as I 
crer was since reliipon was kno\%n within* this ; 
kingdom. And, Goil be thanked, these men ; 
are not only learned for then\^lves, but they \ 
exttt themselves for the jjood of others, for the I 
satisfaction of that duty in whicli they are > 
nnplovcd, by their due and constant attcn'ilancc • 
npoD the worship of Go<l, in their places of • 
worship, the churches, which are by law np- • 
|ioiated for it: and we need nut run nito holc&i, ; 
aod comers, and conventicles, and clans, to un- 
derstand the word of God, and the practice of 
our duty towards him, or towards mm ; br- 
caasewe have churches to apply ourselves to, 
where we may learn to know God, to ohcy 
bin, and theni that are put in authority under 
him ; which I am sure is a duty incumbrnt 
npon evary preacher of the woril of God to 
insist upon, and press, and ur^c. And I am 
lure, wnouoever pi^eachesata conventicle, can- 
not with a safe conscience preach oUidieiico to 
the civil magistrate ; because, while they are 
in that very preachin<r, they are actin|>^ (lis- 
oMience ajgainst his laws, iii retard what they 
do, is against the authority of those law s, under 
which they live ; and no man ctm preach well 
afifaiost that which he knows in hu own con- 
adence, at the same time, he is practising him- 

So that. Gentlemen, I must tell you litis is a 
wonderful dangerous tliiiiti^ ; and thcrofore 1 
give it as a caution to all people to l>eware liuw 
tlifv break the lauK, by jjoingfto such meet- 
ing^ and conventicles as these are ; fi»r it ivill 
hare at the lonpf-run, one time or other, a very 
dinsrerous issue. And there Ik another tliiu«^ 
which is wonderful danuerous too, to see what 
shoals and cruuds of i>eopl(> cokiie to thcs4' :?oi1s 
Qi'nieetincfs ; people of all sorts of mean tractes 
aod professions. And how easy is it, if a man 
bis a mind to insinuate into some kIIIv, i^^^no- 
rant people, common, illiterate fellows, (hut 
cm neither write nor read some of tln'ni, \ it 
thereby to feel their puis**, to see whelh'-r ility 
«ill swallow down such a thinpr, or such .'tp-.J- { 
lenceat first 1* For they dirl not iu the l.-.te | 
times bei^a with open reijeltion, and pr(\'t(.'Iiin«f I 
the doctrine of deposinjy of princes, t-r hrii-.y;- j 
ia^them to the block ; hut tn(*y tht d w\{\\ ^c•• 
veral previous ways, and as the l>:.it mih!:, , 
lod was snckcnl in, they attcm])tcd to try i'ln - 
ther. Tliey applitrd themselves [iiTiUuully 
to pursue the temper of their ainlitorv ; ami ! 
therefore we must ha*e a ijreal drul I'f cave to ' 
Irerent all such mischiefs as these are for the 
lature, that they may pive no eonntciraiice tn 
•ich, who pretend to be expositon>, but arc 

VOL. X. 



very ill ones of the scripture ; and t'lereby 
inslil into the minds of men siieh danirerous 
and lu-rnirii-us doctrines; that the snipture 
may not be perverted, to give an authority t«» 
Kucli desp<Taie ihings as these are; for we 
have known over and over how easily peopl-j 
are drawn into mischiif in this ai,'e,'cvcn by 
the very same train that they were in the timo 
of the late rebellion. 

Now, g'cntlemen, these thingfs being pre- 
mised, I would take notice to you, that th« 
thinir now before you, is a question of a dif- 
ferent nature from what I have now spoken of* 
It is not the <]ucsiinn that you am to try, whe- 
ther he preached at a conveTiticle or not ? or 
whelherthedoinijf of that wliich he did in so 
preachiiij;', is ai^ainsl the law or not ; but whe- 
ther he did at »fiy nuf'tin*^ (especially as to the 
time that is pailit ularly sjiecified) .speak words 
of the same suhstaiice! to the same effeci and 
intent that are coinpn*'ed in the indictment.' 
Forfhouf»*ii he did preach at n conventicle, and 
the-ehy did tranpfrrc^s the law : yet in rase 
he did not preach to the suh^taiicp' of i^ jiju is 
contals:ctl in this indictuic nt that hath been 
read uiitoiou, and that I.e is accused of, he 
must be acquittcfl. That I mnst dor-lmo lo 
>ou iorlaw, as no doidil it must i>p ai'know- 
letltfcd by me to he; tlHTelon* you :ire to 
take care, upon your ccmseiiMi'.'es, t i try, and 
consider whi.-theror no v«:n believe th*^e three 
witnesses, that have been produced Ri»;ainKf 
him. swear true, orareg-uilty of \^ilful perjury. 
For,indo\niri;»ht idaiu Knglisli, they are gfuiliy 
of pirjury. if he be not ijuilty of the Worifs 
laid in the indictment. One of the two is cer- 
tainly true; either they are gf"ihy of perjury, 
or the prisoner at the bar is t^uilty oi' tiic trca 
sun laid to his change ; I pray Gtuldiivet yoU 
in your enquiry ; lor it is a iiue.Niion, 1 must 
i.eeds ••-ay, f»f \ery •^resit dirii%-ul{y. 

Gentlemen, fur tiic inti'Uti.-n of a man'» 
heart] UMist tell \un i[:is tor \ji\\\ us to \\w 
eoinpiiv^iitjr and ima'^iuinu;' oi tin; drath of xV.m, 
kinjuc, it is not to bo di:.coveiX'd but by sonic ae 
tion ; MMue wcird, or o\eri-act, there uiiyht I'C 
to interpret the tecrti imai^ination of thelieart. 
It is impossible to diseo\er or disirlose tlie iuui- 
irinution of iiiiy nni;'s heart, except we Ik* di- 
rected to that cliscovcn- by wonis or actions. 

Now, jjenilemen, words tliut in tiituiselve!> 
\\vi\ bear a jrorid (..(instruction, and are ^uod 
words, yet coopled. with actions that are e>ii, or 
otlier word*; that are evil, these very word» 
may Im' i« di*covt ly of tl.e c»ii iiiiSi'Viiation that 
is in a inaii's iuart. As \*> r: j.riSi myself in 
a \ciy f-iuiiiiar lixuuii.l" fov tlje perpoct-, that 1 
ni-uv niul.c tiiiitosas plain as i oiui. i'or that is 
i:i V «lesi4ii. ;uid ouj^ht to be cveiv one's that is 
cur.eernet! in &ueh a m.v.ter a:; tliis. Because 
we liavc; i.:ul .seincdicourse concerninj^thelat^j 
Mrvh.-il n:ariyr kinir i'lu.rUs tlic I'iiat, he uas 
here brouiLihi to a shaujbies efju'otice; for 1 
cannot e::il it a c<)ui t of ji;- lice, however they 
called it a l.i;rh court ; and there w as a kind of 
moekerv "r j».»ij:iyiitry of a tii;\l. lie was ar- 
raigned* and tried fof treason, aod a new na- 

K 




STATE TRIALS. 36 Ciiaelbs XL l^Sl.—Triai ^ Thmai fbmwflh [ 



I 
I 

■ 

I 
I 



tiooal treofiou, oevcr yet invtriitcd aor knovTii of 
Wfor^ umoug^t us, irc^oson ogaiasst liis peojilc ; 
I gay, noiv and uevtr tliought ot till tbtse lun- 
ch erly fello^T^ that sjjruug out of tlj<^ jshattiMc^, 
crime to nut it in practice ; ercctin'j w hat iliey 
called a »l^U court of justice, but v%hicli wus 
truly to lie called a bigii court of injustice ; and 
thea* they %vcrc to have sorwe come uud cry 
J»i*»tice, juMice, justice upou tlie kiu*f. Gen- 
lltmeo, justice k a ^ooa word ; but if ibat 
word be usceil and suoken ks it was in that cftse^ 
m order to bring tlie king to his daitb, that 
wbicb was g i^ood word, and if otlitTwise u^d« 
had been ti proper woid e\cQ at that time ; 
tliat l^^ if Applied to gooil purpose, to set the 
kin«j und the aaiioo free ; yet beiii^^ applied to 
tlie ill iQ^iu*^ Uiftt sucred martyr to so borrld 
and bai'lKituos n dt^atb^ tbttt was plain down- 
H^bt treason \ aiid I inaike no diHiculty rn the 
world (nor can »ny man tbat UDflenituQds any 
thiut^) that it was so by law ^ and it was an 
Ovcrt-4vrt sufi3cient!y^ iudicaliug the ioLcntioD 
of all [mrsons tbul were therein concerned to 
put aud btijiy^tbrkin;^ to utter death and de- 
jitruetion ; atid all these fclhm&tbat made use 
of that ^<Hxl wonU Justice, justice, pi&iiee. 
Were all imdoubtetl Iriiilor*; raukiog use of it 
i^r that ill purpose. 

GeiUhinen, agkin ; suppose if Mr. Cook 
was a mail of luw^ lliut was sulicitor of wlmt 
they calltd the commouweahb at that liiue, 
solicitor to the state {I only speak ibis to e\- 
luin my min<l,) if he coniei* (when ibc kin^ 
ad just ground to dispute the authority of 
that conn of iujuslicef ilutt be was drii-^iTtd to, 
and refused to pleml) and docs pray jud;:toc[it 
Hl^atDst the kiiij^, as he did , nuditwj^ proved 
•thb tri«l, jtidgnient aloue uu^'ht be tlicre 
meant :i,s tcntliui^ to c^'^usc the kiiig» us well 
%H to wnlcnc* him to dv^ulh ; yet he being theie 
prayitij,^judHrinent ii^amst the kin^'. and vvhich 
was afterwards at Ins [nay er so i*rofiouurcd ; 
that sheweil what his upiokin of tue word he 
Qscd wag at tbat titne ; and that tiiade Ijim a 
traitor, and was an ovcit*act to discover his 
guilt. 

Why, io, grntlcioetu I am to tell yon, though 
tt»ei<e are wurds that may be used iu a scriptu- 
ral wjiy vti'Y well» and to lery jg^ood purpose; 
yet if they lie aoplied to a» ill purpo:-je, they 
may be u sutfifient indicution of a man's con>- 
lia'ssin;^ and imncfinin^ the death ami de^ruc- 
lion of the kii*;:^. Therefore, ^utletnen, you 
ar <^ <: I. whether if iu thi» case,* he 
»-! iirdsj of destroying our ene- 

i; .. .lu^ to OOP principles, tliey have 

I. Lon to the f Miner words ; and whe- 

li _ Lie not expositors of t lie mind of 

this pei-^ou, tlie privHM'r at the bar, of eom- 
pa.'jirtiig' and Ima^inhi^ the death aad deslniC' 
tiou ot the king'; and I do this on purpose to 
TDfoind yu'i of what i» necessary to let you 
inlo the i]nc$Uon, 

Nou for tht: tcvtim©nj agftinBt the prisoner at 
the bar y«ui Imve three witnesses. First, you 
have >Iv3. 8m lib, she dues directly swear that 
$he did ftie^uently, sevual tiiae^, *^o between 



t 



1 



the 13th of July and 

hear Una prisoner at it , 

coui'euticlrs or places vi nveetioi^. ^he tellf 

you the particular days: J^he tell^t you a» Ut 

ehe, thit she heard him the '>Oth of M ' 

8he heard htm anoiber time Ibo unh of. 

accord injj to the \tehl of her rememl 

She he ud him aj^ain the 17th of A^ 

14th of Anarust, the " " ' _ 

heard btni the luh « 

cording to the hestot ui^i 

both tells you the time an 

heaiil him preach a t il- 

that she sayB as to tV 

she speaks of the lit: ^ , hi 

the tlay to which the mdictment doca rrl 

sindlhi!* she tlot-a ftay [Kifiitively, tliat i^^on 

iTth of Auc^ustjte pruyed that he mighl 

forgivenfor not pray lOLf for the kin^r; ai^d 

that she would hate you to uir! 

would insinuate, tliat he did oul 

the king". 

HosoicH [Turning to the Jury.] I made 
tif the wonis of 8am neU God forbid tUtt 
should cea»e to pray for him. 

L. C. X Sir, you must not talk to the 
now ; 1 urn direclingof theui« 

Rotrttr/l, My lord, 1 beg \onr pardoii| 
\vi%ii to set the tuatter right. \i %vus mia-j 
prehende^l* 

L. L\ J All this is antecedent to Uie 
for uhich he is accuaed j and you gee li^ 
swer to it, from a text ofscriptmi! that 1 
to you. which he did not rc^pt at with dit 
pray for the king ; but tbat he thought tl 
dutV always sa to do. 

'then £he 1(1 h you pnrtkcutarly : 
time,, which. I think, wii8 at the ho 
FanlShed, I caiuiot particularly ten oj 
the name, there was a talk of the R 
and of the lord mayor of the city of 
but that was before'this f nne. And aJ 
the first and Uie second witneas, two 
more, give you an accnunt though thi 
ne\cr there but then : That he began 
about the tire, and tliat he should say th< 
gr«at man at the coiner of Grace-i 
streetf 1 need nut name his name, for yoti 
know him very welt ; that he met with a 
man, though mdeed he was not a p<H 
was n bibuuring man, a carpenter ; 
U'gan to talk much concerning the lnt\ aiui 
did iiay, that in cuse it had not lieen lor 

trej*t man, there had been no ?; ' 
rein London ; nor if it had i 
lord may ors and sheriftk after u . , . 
been no ;»uch thing as the 6re in Scuiihwi 
andUupping, And I take notice t<; i ili 4 
tlie same place, which was Shed*s I 
they spoke of, there is Mrs. Fsn« 
uhiun diei-e is not the least objection that i 
hear oi" ; She agree* both in the circumi 
of place and time, and of the words?, and to 
diiiloi^ue about Grace- church -street, «nJ 
carpenter, aod to the previous words, thai 
Avas not a poor man, and the like, and nl 
the discouTsa rcUtuig to Uie tires of Lobi 



f(5] STATE TRIALS 96 Cn arlbs il. 1 684.— >r High JVeasm. 



\2i6 



mm HM ivooni ; wiiicn ail tne uiree witne 
te jon have beanl, sjieak to ; thoagfh 
WMof what I mentioned before, vias anol 
tee; And this is at the hou«e of one c 



y andWapping, and likewise relat- 
ii|ta the lord mayora, and aldermen, and 
aerifi; these discourses were at that time. 

Giiilluueii, the next testimony you have, is 
irthetewitiie9sestbatspeakof the time that 
ilia the record ; which all the three witnesses 

tlic 
another 

^ _ jne cap- 

Iriilluiiel ; one says, captain Daniel Weldy. 
Btf thai it was a captain that was then at sea, 
■ ibiB ; for this gentleman bimsdf, Mr. Rose- 
vol, does not deny that this \ras at capt. 
MlA hoiue ; and that he did pray for him, 
■Mv then at aea, and tor all his family ; 
■i slftfae witnesses speak to the same time. 
Thnsh indeed the first witness did say, that 
A»dM not know but it migfbt be capt. Daniel 
Wddy; hot she likefi'ise said, she did not di- 
Mtff know hb name. But she directly swears 
lille ?ery words that are mentioned m the in- 
tenent. She does directly swear that Mr. 
Ilftivcll preached upon the 21st of Genesis. 

Sdwy as 1 remember ; though Mr. Kose- 
did tbinky there was a difference between 
Atcfidence of the one and tlie other woman 
Ami the SOth or S 1st, yet it was only upon her 
iHKBbraoce,'ns well as she could, and she 
ilMt positirely swear it was in that place, 
hUffWifag to the best of her remembrance. 
Utkesenond witness, Mrs. Hilton, when she 
Itoili swear, she said it was either tlie 20lh 
#flil; lot in so many words she did directly 
MBviUk he should i>reach, that the people 



^ imisillnig to the king on purpose for the 

»tf fte king's eiril ; but the king could 
it; btit yve are they that the people 
linrfi fck to for the curing of all their evils. 
Wki «e the Tcry same words in substance 
itt atinthe indictment. 

lit fciy same words in substance, says 
teitfhv,^e second witness ; the same day, 
Irttinme place, did I hear Mr. Rosewell 
AlMsyi these words; and they co further 
M At ssme witnesses both swear, Hilton and 
MA, dial Mr. Rosewell should say, we 
wicked kings together who 
Popery to ct»me under their 
ean be compared to no other per- 
pt widced Jeroboam. Mrs. Smith s.vrars 
words directly, and Mrs. Hilton sa^^s, 
mks there was the name of Rehulioam 
hut she is sure there was mention 
tvo wi^ed kings in the same words as Mrs. 
Tliey go yet further, and say, 
tkc one and the other of them, that he 
W the people would stand to their prin- 
faedidnot doubt but they should over- 
tficir enemies as in ancient times with 
hnnis, bndcen platters, and a stone in a 
The two witnesMs, both Mrs. Smith 
IS. Hilton, swear to the very words, and 
•^tD the sobstance of them ; and if thcjrc 
*^tesMneKttle yariancein some few of 
V^jOiat win signify notliing, if the sub- 

bendes these two wit- 




nesses, there is a third witness, I\lrs. Farrar, 
against whom (that I can see) there is not the 
least exception in the world, if you n^meml>er 
any, you would do well to consider of it ; you 
may be better able to rccollfct what lias wen 
s|K>ken or offered, than 1 can in so long a time ; 
and you ought to e*)do:ivour (l>cing men of un- 
derstanding, and good onality) to rHrrsh one 
another's incnioi'ii*s, and malic what ol>srrva- 
tionsyoucan; which 1 perct-ive you ha^e 
taken*^ notes about, some of you at least. 

She does directly swear as to the business of 
the king's evil, the same wonls that the other 
two have sworn, about (locking to the king to 
cure the king's evil, which he could not do : 
but they were the pncsts and prophets that 
could cure the maladies of the people. And 
as to the second words, she swears that ha 
said, there had been two wicked kings that 
had suffered popery to come in under their 
noses. And sne swears in the third place, that 
there was likewise an exhortation to stand to 
tlieir principles, and that they should over- 
come their enemies. She does'not indeed par- 
ticularly tell yon about rams-horns, and the 
platters, and the stone in the sling, but only of 
standing to their principles, and overcoming 
their enemies: Wiiichl would have you par- 
ticularly to take notice of, it being the material 
part of the indictment to make these words 
treason. 

Now, gentlemen, give me leave to tell you, 
there is a great regard, and very great, to be 
had to the circumstances in this case, to see 
how far these things are to be tacked together. 
First, you rememmsr the witnesses wen' exa- 
mined*aprt ; and it does not appear that they 
have talked together; and there was all the 
care taken that possibly could be, they should 
be out of the couil and out of one another's 
hearing ; so that there was as much endea- 
vour to detect the falshood of their testimony 
(if it could be) as possible in any case, ercn in 
the very most minute circuinstance. Mrs. 
Smith swears, that Mrs. Hilton came to her 
house on Saturday night ; that they went to- 
gether to the house of this capt. Daniel upon 
the 11th, about seven of the clock ; that they 
were there before Mr. Rosewell catne in ; that 
there was a lower room in t}iehont>e ; and a little 
higher thei*c was a little room ; and then tliere 
was a room up two pair of stairs, where them 
was a bed ; that Mr. Uoscwell stocnl upon tlie 
stairs, but they both sat upon the IkhI, together 
with one of 'Mr. Rosewell's own witnesiies, 
which was the mathematical instrument- 
maker, and that he was in a mourning- rioke ; 
and that there was particular iiotifre taken of a 
pair of shoes given by Airs. Smith from under 
the bed to tlie child of tliat mathematical in- 
strument-maker ; and that there was nrayer 
made tor capt. Daniel, the master of the house, 
who was then at sea, and for his child and fa- 
mily. There were these circumstances, every 
one particularly asked of the witnesses, and 
sworn to by them in the very same wonis, the 
same manner cd* posture, tbs same thuigs done 



247J STATE TRIALS, S6 Charles II. l684 — Trial of Thonm Rosewell, [2i& 



huth as to the rnoiu, the bot], who sat upon the 
hi'd, tlif moiirnin)^ doke; the plucking off anil 
dehveriiicr of the shoes; that I may appeal to 
yo.r iiirmories, it" they did not ag^rec to a little 
rxiictly. 

Thfcii ihcy beir*n to enquire further concrrn- 
ingf ctlicr expressions of Mr, Uosewcli at other 
times: SoiiU-thiii<^ aiioul people in sirarlet, and 
«uiiutii:u^^ iilHiutoantiiiir: And Mrs. Smith tells 
yoa thnt hedid speak something ahoutcaii I iny; 
ih:a ijo was talkinq^ concerning that uoni ; says 
he, I will tell you what that cantins^ means, J 
\\t'ntnot joni^ a;^ thn>Uii;'h a cathedral, wlicre 
the- organs aie, and there the people were ira- 
tlified tui^ether ; and they were sin^^iiifif the 
Isold's {irayer, and 1 tlo not know uhat 1 heard 
tSu-msiiig/and I could not hut laui^ii out ; and 
he hrukc out in hisst^-imuu into a lie ! he ! he! 
tlur i- eantinu'. This, they su> , was his e.v> 
pivsMun at that time. 

V> lull .Ui's. Hilton came in, she tells you 
the very same words, even to a very particular 
phrase, which I iiad forj^^ot before, that he saw 
the men in white gowns thatwerc sini^ing-, und 
which he counted canting-. It is very true, 
tiiere is no such thinj^ mentioned in this indict- 
ra<enc ; hut only it is offered hy the kin>j;*s coun- 
srl to shew the temper of the man, and how he 
usually used to preach. 

As t'oncerning the story of Sampson and 
Dalilah, that is sworn by hoth wiMiessi-s, that 
Uiere was such a discourse ; for he began to 
talk of our king's keeping of women, and lie 
hoped they would hring the same destruction 
ii|H)n him that they lirought upon Sampson ; he 
)iu|)ed it wouhl so fall out with our king. How 
far it is true (they both havhig sworn it) you t 
arc the judges ; they have din-ctly sworn it, 
and to all the circumstances huth of time and 
place. 

(ientlemen. There is yet another thing that 
is material tcM>, though a small minute eirrum- 
stance, and that is about this same iViul Shfd, 
that they lvi>e spoken of. When the first wit- 
ness caiiie ill, he chid her f<ir coming in her 
pattins, and bid her pull otf her paitins, ibr 
tliey wiaild It-avt^ >ueh :in inijiression there, 
that people would he apt In discover that there 
was, or would he a nici iin;; ; und therefore 
vhc promised, when she caiiu' any moi*e, that 
she wouhl he suiv to leave oif her patiiiis. And 
il hi proved, that INIrs. Iiiil in and 3li's. Smilh 
were in ihe room abo\e, and Mrs. Tarn^rwas 
ia tlie r.)om he low, and it d(K:.>> not ap|M>ar that 
hhc was actpiainted with tii;.* rest. She had 
heard hiui several iimcs. and tiioiigh .she did 
not see him thai day, he hting up two pair of 
btaii-s hi;;her, yet she sv\ears directly to the 
6aine words, the substantial part of them that 
Iheother two witnesses spoke of. So that I 
Must say, if in case they have contrived this 
story to lake away the hfe of the prisoner at ihe 
bar, tb.ey h:i\e contrived it with all the dcivil- 
i;4iest subLliy that ever any could do, or that 
I'ould enter into the minds of any neople. You 
are the judges of the fact, 1 pray God to direct 
^ tfUi that you umy detect the truth ; Tar bo it 



from the Court, or any body, to desire that - 
any thing but truth should |ircvail ; fur it were 
far l)etter a thousand times that a handred 
guilty men shouhl 'esca^ie, than one innocent 
man should sufler. But on the other side, far 
be it fn»m any man, that is u^Kin his oath to 
t\o his duty between the king and the subject, 
to he moved hy compassion, or any things of 
that nature, to do agamst the evidence thatia 
given in ojien court ; unless he lie satisfied that 
tlie evidence is falst;. For in this case I say 
again, either you niust fnid the prisoner guilty 
of what he stands charged with in the indict« 
inent ; or else you must fmd these three wit- 
nesses guilty of wilful |)erjury : and I pray 
Ciod again to direct you what you are to «M 
in it. 

Gentlemen, as to the testimony that has been 
offered on the behalf of the prisoner (I would 
follow the same method that has been taken, 
both in the evidence given by the king and 
the prisoner, as near as we can) : first, yon 
have had brought by him half a dozen (for I 
would not injure him as near as 1 could om 
tittle) that have given you an acc4)unt of « hat 
he said at that time.^ There was HudsoUt 
Hall, Atkinson, Smith, Hales, and Wharton ; 
I took their names, as near as I could ; and ill 
these people do directly say, they were preient 
nt that time, and they heard nothing spoken of 
the late blessetl martyr king (?.harles the finl, 
or of reflection upon* the government ; but all 
that was said of the king's majesty, that ninr 
is, was in his prayer, wherein he did pray for 
him ; that they heanl nothing come from Ur. 
Rosewell concerning the king's evil in the 
maimer that the witnesses speak of ; but whal 
was spoken, was spoken of an<ither kiog*, in 
relation to Abimclech king of Kgypt. and not- 
relating any way to the disease they <&llcomr 
monly amongsl'us the king's evil. It istntTy 
one <»f them does say, (which is a word thai 
has obtained very mucli anmngst some sort if 
pciple), that when he prayed for the kingi hn 
prayed for his deliverance from evil com* 
sellors : and under thes(> woi*ds, evil ooui* 
M'llors, and deliverance from them, we knoir 
what lM,M:amc of that so oUen mentioned princt 
now, king (.*harles the lirst. Under that prt* 
fence they would remove all his friends troM 
him ; and when he was letl ahme, they could 
ciLsiiy do what thc-y plc:usetl with him. Manji 
with pretence of great pitv and zeal tor tM 
king, cry out, that all that tliey complain of^ i| • 
not «>f vihat the king docs ; him they think la 
l>e a wonderful guod man ; it is not he, butUi 
evil counselhns, that they it-tlet t U|hid ; and 
so we must ii,:;ht against these cv il couusetlon^ 
and when vtx' have laid them iLside, and h« 
elands alone, then it will lie easy to ser%e hitt 
as they did his father. Whatsoever the pre* 
tensions of such words are, we know what th|( 
designs oi'the [Hopie, that made thu same liri^'< 
tence heretofore, came to; and I pray uodl|^ 
that there are not the same designs on fbit 
still ; nay, that that wa.s not the design of tkii 
prayer of tlie prisoner at the bar. 



S19] STATE TRIALS, 36 Charles IT. i684.~/or High Treason. 



[250 



Gentlemen, tbey give yon a particular ac- 
connthnw he preacnecl upon the SOth of Ge- 
nnis ; and they speak as to the 2cl anil 7th 
Tciws of that chapter, and what discourse he 
InkI upon them. Bnt truly, it is pi'etty strangle 
(as >lr. RuaetvcU himself objecteii even to you 
ortliejury very well), can any one of you re- 
nipmber so exactly the words that were spoken 
u these witnessea have sworn ? And truly he 
IKite a very material question : hut then the 
qa.^ion turns the other way ; how come all 
yonr witnesses to give such an exact account ; 
ttil except the second man, wliu intleed did 
itimnut a blundei* or two, your six witnesses, 
«tn to the texts of Scripture, to" the vory 
phrases that were useiJ, particularly to the 
woni tremendous ? They arc all as exact its 
(30 he. It is strange that five poopje slinuld 
■jfree in all the circumstances ; but why should 
it not be as much helievahle that throe should 
hare as exact a memory as the other five ? 
Nay, and I will tell you, what is prett}' stranu^ 
tool that theiie people must hear, andremeinl^r 
just what was said upon the I4th of Septcndter ; 
but that which was said upon the text the time 
before or atler, that they cannot s(» well re- 
member. It is plain, they have Ikm^h dialopie- 
io; with one another; and it is plain, that 
luoe people can neither write or rcail, nor re- 
member, DUt how they shall be sure to serve 
the present purpose. 'That seems to carry an 
objection in it on the other sitle, as the kmg's 
cwDsel say ; and it seems the more reasonable 
OD oor side, why they should remember so ex- 
actly, as the}' have sworn ; because (say they) 
I tluti dav, wfien we come home, we cullcil lor 
I pea, ink, and paper, and set down these words. 
\ the substance of which we have now hero 
suoru : so that that does shew you we had 
nason to remember, what we have testiticd 
agaiast this person. But what is yet ifreatcr 
tbao all this, it cannot be imagined (sviy the 
iiio^'ft counsel) that the prisoner's witncs<«rs 
are so much to be believed, since they ii^ive no 
account of what was spoken at any tiiiic ticfore, 
DOT any time since. 

Ttieu, gentlemen, there is another reason, 
Bvs Mrs. 8niith, I came on purpose to see who 
V'as at the conventicle ; though 1 had \iccn at 
iereral conventicles before, yet I never heard 
meh wonls spoken. Says3irs. Ifiltdn, I v.as 
^lad to be gone ; and teils you of her uuwil- 
lincfness to btay there, having never he.'U'd such 
vuids spfjken a^^ainst the govcnnnrnt before ; 
>rjt therefore she set them down imuiediatuly 
t^w)i)ii as they came home ; and lliey wmt to- 
^Miier to the Bull and Mouth, the Quakers 
DKilins^near AIdersgat«? nHcrwards ; and thut 
lliatilay, or the day following, they Mcnt to 
Mr. liecorder, and gave him an account of 
»hat had past in their knowledge. This is the 
tQsvverthat isgi\euby them to what the pri- 
snr.tr's witne<$sc!; s;iy : hut you are to weigh 
this testimony of bcith sides. For I must tell 
you, {VfuLh inVn, though these witnesses, that 
^ \w tiic prisoner, are not upon tluMr oaths, 
}it ihey are as much under the obligation of 



giving true testimony, as they can be by law ; 
and you ought to have regard to their tes- 
timony, how fur it is consistent with reason and 
with truth. S4nne things they differe<l in ; 
some things they heard in another manner ; 
wheihcr \ I iu may believe such things may slip 
out of tlieir memories, or how tliat is, you 
are to consider of it. This, gentlemen, is "the 
first part of the evidence that the prisoner hath 
given for himsi'If. 

Next, gentlemen, there is another part of the 
evideiiCK, and that is fnim the fifteen witnesses, 
one Mr. Jollifi', captain <^otton, Mr. Fipps^ 
Mr. Veering, l\Ir ilitehr«»ck, Mr. Hinman, 
Mr. Wanly, Mr Strong, Mr. Cutloe, Mr. Mel- 
sain, Mr.' Medhani, Mr. Winnacott, Anne 
Broadliiirst, Ann<* Mnuning, Isabella I>icke- 
son ; all these were called to his reputation ns 
to his behaviour and conversation towards tlie 
government. They tell you they have known 
him a long time. "^It seems they frequented 
the hearing uf him sometimes, when there was 
an indulgence and a di«pensatum for such 
meetings, then they went to hear him, and 
then he used to pray tor the king ; and it has 
i>een oljserved, that^ it may be, meeting with 
favour and kindness from the king and govern- 
ment, he might be very ^^ell pleased with the 
kin^ at that time ; though that turned to the 
prt;judiceof the govenuuent (us we all know^. 
hut whether his cou)pk-\ion altered towards 
thi' govtMiiiiient, when it was thought fit to 
restrain that iudulgenee, that ynu have to con- 
sider. They say, they know nothing of harm 
by him, and'that mav'be true ; no moi-c do 1 ; 
ami I presume you do not ; il you do, you will 
t( 11 us. >'('U and 1, pray Ciod we had never 
lit^ard of any thing t>f harm come from him, 
with relation to the king and government; but 
you have heard what has been testiiied by 
these* witnesst's. 

Th(>n there came two wime^sses, that lived at 
sir K^Iward llun<rerford's when the prisoner at 
the bar lived there; ; one <»i' thi'Ui iivcti ten years 
theiv, the other four. And ihey give you an 
account, how he was usenl to pray (not accord- 
ing to the; Common l^i-ayer) but he used to go 
to chun'h, and he did prny for the king very 
farneslly, an«l heartily, as they say ; he came 
there in*thi« year Itio'l, and he'coutinued there 
seven years,*uud they always lookeil upon him 
to hir well-inelined to the government. 

I'liHi yuu have an account of three servants 
that liveil in the house ; one hved four years 
with him, and that she frequently beard him 
pniy for the king (for I would not willingly 
forget a word that should make for the pri- 
: son. r's advantag(r), she siiid he prayed as ear- 
nestly for the kuig as lor his own sold, with 
as nuich zeal and eariiestnt^ss as he could do ; 
tikis is what she says And the second lived 
with him three years, and she does remark 
pai'ticularly, that one time benng ill private ia 
his own closet, at prayer by himself, she heard 
him very earnest m praying for the king : so 
thai he 'w(»uld urjje it as iinprobable, and un- 
rcabonable, to beheve, that it he, in his private 



I2h 1 1 STAT£ TRIALS, 36 Cif ARLBS II. 1684.— 7riW of TkomMi Roaeweii, [ 

not but that, for any things yet nppmrs, 
woniatj, that is here Imiught as a wit 
Acainst Mr. Rnseweli, did »wpar true, ihat 
o3ier woman did confess to her, that there 
sach a conventicle ; they indeed have en 
vonred to eriiice there was no such con 
tide. 1 must leave it to you ; for nothing 
pears clear of the one side, or the other. 

Then, gfentlemen, as concerning brrtal 

with, and about one Games; wherein you 

an account |pven you by one Harrey, an 

advised to give money, rather than ti 

troubled ; bat they would not gire mo 

Now, tor that the whole ans^ver (that il 

be given together) is, that you know tha 

set'utor, iu these casis, has a share out ol 

penalties that are incuricfl by conventii 

; and though it may be that it wm not so 

, done by such iiilbrinations to compound pi 

■ tits, J et it is no evil thing : lor if 1 will cfa 

I to inionn, or not intbrm, there is a right h 

I to a part of the [lenalty arising from the otfe 

and though it be not a commendable tt 

yet it is not a criminal thing lor me to i 

i>ound it ; for I do not obserre that thei 

prored to be a people that do use to go to 

Tcnticles. 

Then, Gentlemen, there issomethingtob 
served conceminsi^ tlie evidence of Cartwtv 
He comes and tells you, that he was by, aik 
of the persons that uent along with Mrs. H 
to several places, in ordiT to make convic 
of persons for couveuticles ; and she n 
have him swear such and such conventi 
that sl^e would dictate to him ; aud she 
misetl. mil! oM^red to swear fur the con«i 
ul' cinivoiitidt^s, vvh«.n she was not tliere: 
thi<i ^«as a tyrvat while ago ; but nobody I 
a woid of ii till now. and that when Mis.H 
%^us i'!i:r«>irL'ti in this prvsecution agaiiMI 
Kost'vifll. Now when wc meet with this 
of |»t\»|»lo, we ou^ht tu consider of the n 
i}t' \\w\r t'vidtiice. It is certainly a ver^ 
priibubk* ihiu:r. that any penon'shoukl i 
.Hid toll hr»u, I >»iil b^« -^ilty of perjury, 1 
be fojNiv%inu for ynu, if vou will be furs 
Km* im*. h iMu' Liaxdly1)e beiieved that 
IhhIv ^hoiilif si\ 41,1 III a tellow, that you i 
likolv ciu'i«\;!i to detti*t any such thing 
■«h»*uUl Iv :iT hi'i jil\ jniay:e': And it had 
h:Ni!':t\ ^ »'l«.- lidd Ue« Ail lionest ma:i)to 
JiNivnvivd iiii"* i" d uij:^i<irate imoiedii 
III.! lU ivv.'-.l i. St' as V.y^i the vitlainy si 
li,i*K' ' v« ;»J!.iishcd; Ui. t lo cuiue and SC 
umi inH'it ^MK-U .iiM:ii, just as this is. Andt 
i»'if, -iuiliiM,.it, I Fo'^x't like *i!vh accid 
WIIU.W.M-M. lii.u MXiii V ilivp '^as it were) e 
\\u' K !p;ius, inj \tt,' caij iiavo no acei^untof 
»H ii'if > ...I LUC lo s;ir s7uctor\ reason 
It* .uiiKi* III 'fy.\ V uiukviii'sdiscoveiy. 
%ou ii.t»t' -»v%«i u ... », r *4.'n!cs!«e«, that wer 
J-i.-, iii.a ijov ,iMiic nx-ouut ol* her beha 

III (llt'M lll.lllCIV 

tt i«» I Ik- otMot^ttoii that ihev talked of, 
Hi*. 1 11(1 »i .h,ly, ^tirvi^l wictiesMsgiveT 
•»-»HMM.i ..| ihe uinnrr First of aU, it is 
•|.|^y vi.i bv ili«i ^iiu4 tiMi i!i prtMluofsd, 



family, nnd by himself, should so earnestly pray 
for tfie king (which was never intended to tie. 
heard by any ImhIv, and ciunr to be thus heard 
by nceincnt), he sliould in pnhtie, l)efure a great 
congregation, utter such witrds airainst the 
king and government ns art; nrctcuded against 
him. This is the use ho makes of that. 

Then, gentksmen, you have likewwe aAer- 
wanls, the ti^stimoiiy of those two witnesses 
that have been exaniiniMl before, that is, Mr. 
Atkinson and Mr. Smith ; that whereas you 
seem to say, says he, I matle a great reflection 
ii|K)n the late kmg, and his presi*nt majesty ; 
it was so far from that, that I used to teach 
upon the3(Kh of January, and then to preach 
obedience to the king, and to pray fur the king, 
and make 8har|i inveetives and refluctii»ns 
upon those that had been (*onc(>med in that 
horrid, barbarous nuirder of the tare king, of 
Messed memory ; so that 1 eamiot be tliousrht 
to encourage siieh things as these, when I used 
to |ireaeh to my auditory such doctrine, as I 
now U'\\ vou ot. This is the substance of that 
ftart of tfie evitlence, as near as I can remem- 
ler, anil weollet*t ; you have taken notes, gen- 
tlemen, yom-selvi*^'; you will be able for to 
make obsenations, ai*cortling to what notes 
you have taken. 

Then, genilemen, here are 18 witnesses, 
that he has ealletl, to endeavour to persuade 
you to a dislielief, and gain a discredit as to 
the witnesses that are produired ai^inst him. 
Now as to that, which was oiKreil by the first 
iviUiess, How ; thut w;is but by a l:»'ar<Jiy, he 
knows nothiutf of his own {xpoiili- !^'.» : I'.-V mv 
bivihiT. sirTlioir.us Jri.:\.-. ho irive<; \oua*;i 
a*\\>u:it of a'! ifie rjik'sti«^« , that Iu- Mas asUrd 
ai»om ; ihal >l:e v.v\c:- »Iid s: v ili.:t slio v. as 

1»ie>fni di ihv* onvv'iilu w. «u!l iIkxi >!!>;. i;aihv»i* 
lad ivtifossi'tl It lo b»*r; an.l i!r»«Mi tbii *on- 
fessiou slit' \» lis eouMiiol Nvw »4en:loMion, 
it is a vei\ i!Mto\vi!tl thui^ us ilu I'^uu-r. i'mi 
Mrs lkuhiH\ ii i** i»'iin, i'mnI u« I;.»^i* Ok'.^vu 
m lie's, aiul she ssiiu' widow oi .i non-%vnt'orii}iM 
pre ae Iter, and ilu*s uoiuaii v*;in no tar fn»in s;i\ . 
m«.r, lhHt<«h4> i>;is klifie, ili.ti slu-onU ti*Mst*i-«l 
uj\M It, ibai '^li>. UathxM- tniil .-iMiti-vNttl it lo 
her. 5h» lik«."wiNr you l».i%*- Uvii iol«l coiuvrii 
mg that bibiiiu'vk oV >lr M.i'^"^. I'lo \*t»iii%'mtcle 
at hi> hoOM', *>ii ibo lolh n .lii!\ ; it n:is v» 
iHr f»\WM h<*r s%%fajn:;[ ib.tt *li |l.'»% w .i* ilu-u-. 

tiUt ilUiM*;i| tK' \%U% llU1lllOil«\l, \tl sliv' M IllM'il 

beJoiv > ;• ti»x»r^v IHvbv u» suimi il'.ti ilio^- *».ix 
any siK-it v\*tiiiniiele. or ih.il iu- \% i> ihe m v\ . 
bhedid iK»t k(K»\% ihv loan, mh\ i««tiM n.*i xti\ 
any tbui^ to Imo Vud mv NumIu-i .l«-:t|t^t 
being ivtvuK\tl »h '.i i*u-iv lu.^lii Iw » iiii.,( ikv, 
that ih«*re lui'jhi tK :i«>%0( ii itnitcuiu !«• .u \|i-. 
IkI!(hvN, vivnl at i.ti i-* ho «**iiKi m i«iMiV. 
it; but it seems ii «%•'« |ia«i it>oii> fnui mii* lu,- 
i*U*rk of ihe peuiv''^ h.i'uU . I i'a'M»»i ,.i\ mi 
thing lo Ii' but il >o4i alt- vioviuU ill II ihiitt 
wa:« u<»«iuch tHUivcatiek* ni uti, <«ll ih.ti i.m H«< 
said, IS, thai ilu- old woman St IuhI h« i «« Ji. .ui.t 
my brother Jeuiicr, ;m lit <iti .m--« «*iiiuuhIwiu«u 
between them, did reMolv« tu ik» m hat hu i «*kilil 
aail proinistfd to .s|H;d4 lo ih% i^lmk ^u kh«' |iv««ii* 



STATE TRIALS, d6CHAlLLESlL i6B4^'-for High Treason. 



[234 



■ acooventidethe ISib of July, and 
Hr. Hii49on*s ; but indeed it was not 
•let's; aiid it is not alludg^l here by 
it was so. And tor tbat other, my 
saner gtt es you an account, tbat upon 
ma of Miv. Bathoc there was a con- 
bul there was no such conviction of 
llw case, but only of Batlioe ; us ap- 
ke record which hath been proiiuced. 
gentlemeo, the next question is con- 
le derk <^ the peace, and the writing 
talk of; which makes nothing one 
ke other. Then there are two wit- 
!ew, ami the other man, that met witu 
an, Mrs. Smith, in Grub-street, in 
make a composition tor penalties 
to con7entick» ; and they find out a 
t used to go to conventicles, and thev 
lim into a composition, and so much 
IT9 iverc paid perhaps, and be ought 
aid more : But it is plain, he used to 
icfiticies ; and it is pretty odd that he 
pwked up on a sudden there, on this 
rater, to discorer these practices, at 
IMlion of the prisoner at the bar, who 
fh a distance on the other side of the 



aen, as for Mrs. Higgenson, I 
Pigr tkia, she says nothing to the pur- 
ii cither material for, or against the 
lar flhe aud, she knew notliing (if her 
_ i ; and all that she did say, was 
I mod reports, not by way of down- 
'' against the person she M'as 

g'nst. And, gcntk^men, you are 
iAt hearsay and report is no evi- 
lut itmust*be what the witnesses 
' of iheir own knowledge. 
pt IB a worthy gentleman, sir John 
|i as to whatsoever he said, or any of 
f loM him, except he knows it of bis 
iMge, that is no manner of e\ idence 
mk» off the credit of Mrs. Hilton, 
[jhe herself did say (if it can he tc^sti- 
against her. If she coiifest 
I any (K'sign, or was cnj^i^jift'il in 
e to Getray the vouni; lady sir John 
i of, that indi'cJ hi a very evil tiling. 
ever were the apprehensions uf 
rning her siiare in that matter, or 
m fittle thiui^ that they talked of oon- 
iMtfeas Hilton, before she intermar- 
m swnify but vcTy little in this mat- 
i when we ask sir John Tulbot the 
, Iw cannot gi%e any satifsfactory ac- 
|pi| for be says plainly, he hud no con- 
|..witb her. ' It see'ins it was not a 
|ii wlule slie lived there for ten years 
^ 9md it is pretty hard to imagine in 

Bif sbe nad been such an e> il per- 
wwld represent her, in that time, 
Pl araeued, so far at least, as that 
■ Aiiaiarged the service long be- 
r John Talbot is a person that 
mAI to permit any thing of ill in 
Ml yd withal, he cannot know 
Wk Wf vHPre than any of you, of 



irregularity in the family. If indeed they had 
questioned any of the servants, that were more 
conversant with her, and taxed her of any 
thing that was oil, tlien it had been a much 
more probable exception ; but to have people's 
reputations blasted barely by tittle-tattle, and 
stories, ai^r persons arc ^one out of a fiekmily, 
where they have lived lor many years, is a 
matter of very dangerous conseijuence ; and 
any man in the world may be imured in his 
credit, if such a thing be permitted. What sir 
John Talbot upeaks of his own knowledge, that 
is evidence, and wo woidd liear it, and give all 
due regard to it : But what was siioken of con- 
cerning Hilton, belbrc she was married ; what 
the rest of the servants said concerning her ; 
or the general reputation that she had in tho 
family ; that is no evidence at alL 

Gentlemen, in the last place there is a wit- 
ness produced, one Dillingham ; and she pre» 
tends that sbe is a woman of a very ill repute*- 
tion ; and tbat she would have hired her (as 
she would have it believed) to have sworn 
against several people. Now as to that, sho 
would have done exceeding well to have made 
a discovery of this before this question ; and it 
had been ner duty so to do; and not now to 
come, anil drop *in, just when this question 
comes to be delNited before you : That, gende- 
men, draws a suspicion along with it, and a 
very great one : But I must leave the whole 
matter to you, which 1 do not question but you 
will examiue, and look into, as well as yon 
can. Thus I have offered the evidence that 
has been ^veu on the one side, and on Uie 
other, in point of fact. 

Now, gentlemen, there are some remarks 
made by tlie pns<»nerat the bar (as God forbid, 
but he should have the advantage of whatso^ 
ever can be observed upon the evidence given 
against him), that is, he makes a difference 
between the testimony of the one and the other 
of these witnesses, about tho 'JUth or 21st 
of Genesis: that the one said the 2l8t, the 
other the 20ih. Now, it is to be observed, as 
has been said, that she that said the 20th, which 
was the second witness, Kaid it was either the 
QOth or the 21st; and Mrs- Smith said it was 
so to the best of her remiinibrance ; but it ap- 
pears to l)e, and so I perceive, by all the wit- 
nesses, ui>on the 20th ; so that as to her it 
cannot be very material, because she does uot 
swear jvositively cither the one or the other. 

Then gentlemen, there is another tiling, 
that is, that she should talk of one Weldy, cap- 
tain Wcldy, or captain Daniel Weldy, when it 
seems his name was not Weldy, but Ins name 
was captain Daniel ; which I think can go no 
great way in the ca^*. She is not acrjiiaint* 
ed with the man himself; she tolls you one 
part of his name right ; describes the house 
mail the parts of it; and speaks of the cir- 
cnmstuncc of his bcinic at sea, and l>eing prayed 
for by Mr. llnscwcU ; thc^rein they do both 
fiffcec : So that, though she apprehended that 
his name might he. Daniel Weldy, yet it is so 
far right enouyfh that it was one captain Daniel: 



256] STATE TRIALS, 36 Charles II. 1 684.— Trw/ of Thomas Rosewell, [256 



ani) that there is a very small minute differ- 
cucc, that it will make little one way or other. 

Tlien, g'entlemeii, he insists npon the differ- 
ence between their evidence ahnut thai cir- 
cumstanec, wiiether it was all upon one entire 
subject ; or part one part ofthe day, and part 
the otiier. One of them sa\ s it was not an 
••nlire tliwronrse; tor that about the rams- 
hoius, and the broken platters, and the stone 
in a slinjf, was aflcr two o'clock, alWr the in- 
' ten'al that had been, and the space of time be- 
tween the disconrse of the Kinsr's evil, and 
those other thing's ; and therefore, says 31 r. 
Kosewell, whereas she pretends that it uus all 
8|)oken at the same time, just as it is laid in the 
indictment, that cannot be : and so it appi ai*s 
npon liisown evidence. Now, suystliat \\ omun, 
I cannot so well tell, whether it was forenoon 
or aAernmm, and truly they mi{<fht call it fore- 
noon, liecanse they had neither eat nor drank ; 
nnd says the woman, we n-rkon that iu? i'mx'- 
noon till ailer we have ilineil; and !>lie cannot 
t».ll whether it was in tlin I*salins, or whrllier 
it was npon the chapter ; but it was in that dis- 
course that he held that day. She does trcnc.- 
rally apply it to the whole; and that in the 
day's discoui*se (alt uhich time she staid, till all 
was over) scieh words did pass. Voii ha\c 
■heard the ditference that is between the two j 
.witnesses, and you did well to consider of - 
it, if you think there isanv thing material in it. 

Cxentlemeu, f must confess it carries a notable 
soil of testimony in it, of which you are jud<i;es 
and \%ill wei;>-li it acconlinsr as it oujs^ht to be 
wc'L'^hid, First, That these jwojile sliouhl 
liU'Kilv hit together concerninjj tlin kin:^\s evil, 
and thiit there was such a discourse iu is l;iid in i 
the Indictnsent about it, and of the nnmhetVs i 
prayin;^fi)r the people for the cure ofthe kind's I 
evifand then they should be imuKHliately healed . 
AntI (>n tlie other side it is ju-etty strange (a** he I 
urires for himself) that that should lu* per^eit- ' 
ed. uhicli he spoke conc<'iTiin&f the prophtt^s 
prayinsr f"r Ihi; kinj^, antl thrreupon his hand 
htinjr healed, wiierehy the prophets ha\»* the 
honour (as he says) 'sometimes by i>rayer, f»f 
eitrhii^ the kiug^'s evil: so that sometbin<r or 
other, thi-re is in the matter, thatirives a mi<^h- 
ty coi!iit«'iiance to wii:it the witnesses s]ieak. 
There i-* a eertnin sort of occasion (riven (:is one 
would s;iv)for sue!i expressions as they have 
testified, \n his dlseoui'ses. 

Then, when they come to talk concerniii«»" 
the rams-horns and the platters, the witnt^ses 
say, we heanl iiothinL;; coneerninjf platter*, 
mueli Itrss of pewtrr platters ; no, it was 
broken pitchers, and tliat was occasioned hv, 
and iiad relation to a tuxt (says Mr. I^osi'well) 
about Gideon, how easily he discomfited the 
Philistines' army, and there was no such thifig" 
as any discourse coneprning" the kin*;, or the 
^vcrnment or any relatlou thereunto; it was 
only a phrase ustd by me in the pulpit, to shew 
how great a matter ini^rht be ilone by little 
means. And so hkewise conecniing' the stone 
in the sling, that being an oceasionul instance 
too what great xniracles ha>e been br<>u;;ht 



about by little means and circnmstances : 1 
have instanced in that (says he) how Daviil 
killetl Goliath with a stone out of a sling, nnrj 
that our 8a^ iour Jesus Christ cured the blint] 
man by a little spittle mingled with clay. So that 
he u'ould insinuate, that those words that wen 
spoken \\ere not with any such intention as tlu 
king's counsel would make it, and as the indict 
ment insinuates; but only in a common, ordinary 
preachment, as inferences from such and sueii 
scriptures. And whether this that be talks of! 
was the discourse he held at that time ; oi 
what the witnesses sjieak, mu5tt be left to you ; 
they having sworn it. And this,*as I talce it, 
is the substance of the evidence given by the 
one and the other side. 

Then, gentlemen, Mr. Rosewell put tbe 
question in the moniinn^, and he seemed to in- 
sist very much up(»n it in point of law, that 
the dis'.'oui'ses of a madman cannot lie treason. 
It is true, tliat such discourses cannot lie trc- 1- 
sou, if you lake madmen in the true sense, 
that the law conunoidy takes it. All iraitor«, 
all knaves, and villains, ar<' somr> way, ami in 
some sense, matlmcn ; for no |>ersou can act 
with any roison in any such aflairs. Treason 
is not to be connnitteJ upon the foundation of 
rirason. TluMx-fore uj)Ou his asking of tlie 
question of the witnesses, what reason there 
was for him to ns4* such expressions ; I told 
him, >ou did it, ac«!ording as the iDdictmcnt 
says, which is drawn according to the prescripts 
ofthe law, by the instigation ef the i\f\\\ ; yon 
did it, not only \% ithout reason, hut against rea- 
son. Jlut if t \U'. bare say hig that it \« as against 
rc>ason, and that i heir fore a man m us a mad- 
man, would srne the turn, them would lie no 
traitor aceordiiii^ to that rule : liecaiisc every 
traitor would Ih^ a madman. Every traitor is 
a madman ; hut cvary madman is not a traitor. 
A Uiadman m our common acceptation, is one 
that is c.:!pii\atcdiii his senses, not one that id 
corrupt in his will and utlections, which must 
he the d(*fmition (la traitor : so that the argu- 
mcut, I must tell you, is fallacious. Every 
man, that is depravcMl in hih' mind and afTections, 
is a madman, so as to he an enemy to the go- 
vernment, or to mankind ; hut he is not such 
a madman, as is commonly meant by thai 
word ; one uhose winds may be mistaken, 
because of some disorder in his understanding, 
so as to \h* excused from the accusation oi 
trrtason. Then lore u hutsoever cons«|uencc 
there may be ui'ihv. thi.C;*^, 1 must tell you,al 
men that talk afur this rate, that this person i:r 
accused to talk in his pulpit, they are every one 
traitors, ami so madmen ; for <*'ory traitor is c 
madman: and if in case Mr. Kuscueil b* 
guilty, he is in that sense a madman. If i - 
true, in other thini^s you fmd him a man u 
very notable un<lerstan.lii)^, a man of a ^er^^ 
threat insinuation, oiic that Ikis a gi-eat deal o 
Imowlcdi^o in tlu' lor.i^ ucs, lookiil upon to li« 
a very IcMiiod aud ir.tri iiioir-« man ; whu wa 
thou'^ht tit to l»e a tulor Xat Sir Kflward Hun 
^erfbrdVs children ; and h.ts luul very mauy 
Icuined discourses, and shtwu hiiust;!!' to b« '. 



Salt] STATE TRIALS^ 56 Ciiahles IT. l684.— >r High Treason. 

ntn of f ery (rreat |Hirt9. Tlioiiijrli, if he be a 
traitor upon thb evidence that is ^iven, lio is, 
■eo nomine/ a traitor, and consequently a 
■adman, for preaching and publishing sucli 
iietrioe as lhi:», that nill not serve tfi ixcusc 
him from his treason : but the rather, liettausc 
he Bi a man of so much learningf, it aggi-avates 
the treason, as it muse needs do to any body 
bthe n'orld that considers it. For he iiiuier 
that pretence otferingf to preach bis doctrine as 
fBipel-trutli to ij^iorant people, it seems, t'.00 
cr more, of all trades and persuasions, whose 
hh it Has, acconliuj|r to law, to have been 
then at c&urcli ; men of strcn<^h and ability of 
Mf, as t}iey appear to be, for the service i)f 
Ifeffovemnient ; for these people to bo <!c- 
kuraed into rimtIi doctrines as these, of stand- 
ia? 10 their principles a^inst the guvernuifcut, 
ibraMfe learned the man is, the greater and 
UKker is the crime of that man that is guilty 
if it God kno^s whether that be Mr. Uose- 
■iell*»case, and you that arc of the jury arc to 
lrj:it: to do it under pretence of preacfiingtlie 
Md is the worst way of doing it Uiat could 
K taken ; tw quote scripture for rebellion adiJs 
todbe crime, as it did to that of those black ^il- 
hi»ibat were concerned in the murder of our 
hteifrfad Ki'Vereign, who has been so often 
■otiooed ; they were geaerdlly the preaehrrs 
if the laie tiiues tikat contributed to that horrid 

GoidemeiL. it in notoriously known to you hi 

ttiuiu^ed late hellish conspiracy against his 

Mid and most merciful majitstv, our so\e- 

Rjip that now is (%i horn I pr^.y 6«m] long ia 

f^BK^mayjs) those that had an hand in the 

■tantiMi to destroy liiui.and his r(»yal brother, 

nvifit&t ruariy of thcui black -coat dissen- 

mii ihe church of England ; and I cannot 

■/ 1 luMw any one mcniber of the church of 

bflaad that had any band in it at all. How 

■ttv of them stand now (x>uvicted by outlawry 

ftr that bUiody treasiiU, I won't say all parsons, 

hi gfner^lly all of them diss<>nters ; and we 

hmm these are th(»se l>ase, pn»digate viilnhis, 

a%s uiaile ii^c of in these base sinks of re- 

\ntl tliev are the common sewers of 

, tlie9:c coijvi'ntii'K's are, and of treason 

cf*nspiracy ag:ii:ist the government in 

rh and s.ate. (jod be praisHt, we h:i\e a 

a on tliat teaehr.s us niuch b;'ttf r, a religion 
UUied hy the hi\«s of the land, and \\itli 
tetdectrncy of uorship, and care of t!:*? soiils 
if tteii, that !nav bring us all to heav( n, h\ 
Acjf.aceof fioii, ifwc please to her.rlun To 
Aedictatf-'i < f ir, and to mind \thnt is injoined 
Mb«ur du*v hy the law ; hut when peoolcj are 
MBedehi.Ud by the insinuation (d* such f:d.s(> 
Inehers ami run into faction and diseonlcn^, 
kithe\ wiU ^tjf,u rnu into relicllion too. Ami 1 
ytakthis, tb'- raiher to deter and j^ivc w::r:»- 
Iflo oth«T peopif, to have a cnro how they 
IMm sear «uch plaics, and sueh pnictices, 
llBto afiec't you. 

n, here you have hail three wit- 

czandbcd against the prisoner, who 

I Mcnsed for a crim* of bigh-trcason. 1 



[258 

nmst confess, I have taken up a great deal ol 
the time; and a great deal of the time was 
taken up before ; but there is no time too long, 
wherein a question of so mighty moment us 
this is, is to be decided : the government, thk 
preservation of our king, the preservation 
of our religion, the preser\ation of our laws, 
are all concerned : for by the destruction 
of our king, and of our govermcnt, our re- 
ligion, and all that is neur and dear to ns 
in the world, will run a great bastard, if not 
come to a total destnietion ; and I am sure 
it did come near to it in a former time, by 
thi.s very suil of way. Tiierefore I injuin 
you, in t'ic presence of the Aimif;hty t«od, let 
neither di- nittasurf, nor any soit of personal 
imimositvj in any tlung. Hint has been contract- 
e<l by hearsay irom abroral, nor any imngina- 
lions that have lieeu suggesied here without 
proof, any way direet you" in the consideration 
of this cause against the nrisoncr at the bar. 
Hut go accdrdlng to the evidence that has lK*en 
here before you, en the one side and on the 
other side. For as on the one side you arc 
not to be corrupted by common talk, or any 
prejudice against a portj or a faction ; so ai"e 
you u(/t to be inlsicd by any affirmation, or 
rcHeetion, or com.jient that the prisoner has 
made or said for himself, other than what is 
supported by the testimony of these witnesses 
thai he La] ;;i*oduecd, an** A^ liuse evidence is 
left lo you to consider : for you must not be 
led by any circumstances, or by discourses, 
but what is sworn on the one side for the king, 
or testitieil on the other for the prisoner. And 
theret()re I can with all frei dom and zeal for the 
government, and all tine compassion to the 
prisoner at the bar (whom with ail ni}' soul I 
am sorry to see accused, or indeed any man, 
of s'ueh a criuh") leave this matter entirely n[ion 
the evidence that has been givi-n. And tfiougli, 
I say, 1 am sorry to see him accused ; yet 
such transgressioils arc aggravateil now, when 
u«* live in" an age, wherein we ha\e all peace 
and plenty, while tho rest of our neighbourii 
are \^ allowing in their bltMid round ahont us ; 
son\e Me hav<! hrtird o\\ are brought to the ne- 
cessity' of calinjx tlu» most fi'aijy and basest 
animals, that never was designed for the food 
of m:in ; 1 say ^^heii all our neighbours arc 
giJ.jiMing under thi' miseries of war (blessed be 
(io»!\ ue live and sleep i\\m \\\ under our own 
\in(s ; v.r <-i)oy the b<nefii <d'hi'ing subjects t«» 
a gr?.<-i()u>. king; we enjoy the full e\tf nl of 
our l.iur, \\]ii<;li are surli'ient to stfin-c* our 
libcrtirs and [»roj)ertie:; ; ?T»d no man cjui Iw 
l-roeyiit (no, in»t rne ni' {Uv. uH-anest sul.jt»i'ls 
ilu" king liiis; to Mi.ieh an miMnuly md, ln!l hy 
tlie tmi' ujttliods (djuMiec 

lie is lo he trail by \on, i;rntlenien, ^ho 
are gent Uiuen tjl^jualily of !?•!• louiity ^I'tre 
the fact is alledgr d to l«- t.mujittrd; against 
whom he mioht hn\<' madr- hi-. ei»allenges aiuf 
exceptions, W he hiul :.nv n*a>o!i, as he di«| 
ag:iinst the others, are .n!iug to the libert\ the 
law allows him, without any reason. Si> thai 
you staud indiUbruU between the king and the 

S 



iB0} STATE TlllALS, BG Chahlrs if. 1684.— TriflU/ JhmaM R&saffeU, 



I 
I 



ndisouor at the bar, to try tills niusi% whrther 
he be tfuJlty, or not guilty of the treuson uf 
^bit b he sfantlti accused. In case the late its- 
lentJed rebi-llionfi ami iusurrections had tiiken 
ll» '1 cftect, accoidiii^lo ifu* dottrme 

JM these stTnions, of sUuulmcf li> jirn- 

f': ,■,-;... . ." ,. ' ,: ^. 

«^m' one of iheni might le nctunUy tTigaged)» 
1 snv, ill cn«e sucli a ihiijg hud Wen, U»ere 
had teen nothing but eutlmg; of ihrtmtij ; there 
hjid heen nojisstice for any sohjcet ro have e4- 
necte<l ; nn methods, or pn>ceedin|j^ ot laiv ; 
but destruction would have come upon tis like 
«n annrd mau. 

Therufure, gentlemen, as the evidence ba^ 
licen lotiL', so I horn? ynn will g;ivc me your 
pardon, that I h.'ive been tlie longer in insisting 
ttpon it ; and, according to my beflt understand- 
tD|t and memor\\ 1 have g-iven vou the best 
Hecount I can, both of the evidence for and 
oguiust the [imontr. You nw judges of the 

ffi^* ""^' ' V fiod direct}' on, and ifiiideyou 

i»' lices, that the truth may be 

di. - L.^ i :^ ,!;urverd»cl» 

HjoscwcIL lilay a loyal subject speak, my 
lord ? 

L, C. J, No, Mr* Kotewdl ; after the Jury 
art* cliar*ri«d by Ute court yuu arc* not to say 
any thing, l^v*ear au olfic«?i' to keep the Jury. 
[VVbich u as done,] 

'i'ben tlip Jury withdrew into the usual njom 
far such j>urfK>sca, to consider of tbdr Verdict ; 
and afU'rH'Hrds they returned into court. 

CVitA of Uh- Crown. Crier, take the appear- 
ance of ifiejury. 

Crkr. Sir George Sheers. 

Sir OtiWMC Sham. Here. 

Crier. Vous aveic Sir George Sheen, 3tc, 
fAnd »o of the rest. 
«yCr, GentlemeQ, are you agreed in 
ymir Verdict ? 

Jury, Yes, 

Ci. flfCr, Who shall say for you ? 

Juri/. Our ForemutK 

Ci\t'Cr. Thonjas llose^^ell, bob! up thine 
hand, [Which be did*] Y'ou i»f ih** jury, 
look upon the prisoner. How sny you ^ Is be 
Cuilly of I he uit^h- treason whereof be stands 
htdirtiNl, or \n\, Uuiliy ? 

IWrmun. Guilty* 

VL of'Cr What gtuxk or ehattetji, lands or 
Unementft, btid he at the time of the bi^b- 
tri'tiMtri ( uiiiii.int d| or at any time ciince, to 

I 'AL\ that we know of. 

Mot, ibt'O iliv Lord liave tnercy upon the 
jury ! My lord, I huintilj rec]Ue*it this favoui » 
lb HI ibcy may be aske^l icparatim^ wbetlier 
tbev he all rd'fhe Mame opinion* 

/*. C\ J. That i» never dorie> Mr. Hosewell, 
uoUhm ihiin< \h* unv dilferonccT suggfcsted from 

tnl to tliem tlieinselves ; 
4$t 1 Urti V iicai a umny timci iJlc j>iry gt by 



the major part ; and I VfoM kli9«^ 
ihty be all of that opinion* Therefore 
they may be asked that question* 

t. C. J, You umsi be eootented* Mr 
well; in case there neie any dttft- 
i»liouhl hi-ar of it from ainoiiq'st tb 

CLofCr, T 1 V ^ 

the court has f 
Itosewfll in t/n.Hv «it n** 
be Jjtunds inilictetl ; but i' 
chattels-, Urids or U'neui< 
b)j(rh-ttea$ioii LMitnmitteit^ ^cc, 

ymtr knowledge, and so \ - ^ ; 

Omnet. Ves- 

C7, of' Cr* Gcnlletnen, the ooari - 
you. 

L. C. X Marshal, you mu'*t take liiin 
your custody, Wing now ' i 

ifjw, Mv lord, I wout'i jeg', fw 

jur> ' ■ :i luselves, thai Itiai ipiestiow 
ben- ji. 

L, I, . 7 \\ r uiu«(t not induing any it 
tiouiS* It is not iisuh]. Yon miiv ask Ibem, 
you plea*ic ; see wbt**' -^ *^'"* *vill 
We nuisit (JO «cc<irdi i jrms of 

Roi. Then, my Im^., ,. ; ui«--;t ot-nt] 

estates wer* joined in one, In f 

conditions with that man of th> 
possess the wbole« 

L* C. J. Mr. Roscvrell, ^e mvisi h$,Pt 
reflection* upon the jnry. 

Then the pnsoncr wa<t tnketi i^aVt tli4 I! 
court broke up. 

Die Lnme 24 Nov, lOa^i, B. lU^/i. 

DOMlNt.S UliV V, ROSEWELL. 

Til is day Mr HosewcH beiag brought up 
the court, to receive sentence, tlie isoiift 
ceeded as follo\rs ; 

X, C. J. Brother Jenuer» bare ytm m 
tiling to move ? 

Scij. Jenntr, My lord, wc wait uuon 
prisoner at the bar, lo desire jud^men 
conriction that wa!S here the otbi.i 
'tifason. 

A^'ainst the prisoner ftt the tnr 
you mean : 

Serf . Jm n tr. Yes, Sir . 

L, C* J- Then call him to bl-j ju< 

CV. of^ Cr, Tlnjmas Rnsewell, bo! 
hand. [ W bich he did ] Tliou hast 
dieted tor big'h- treason^ in compasfttn^ 
iuiBgining the deoth of the king', and thi 
verAioti of the i;overnment r Upon tin 
dictment thou hast been arraiofned : V\ * 
arrarpnneut thou hast pleaded Not 
And tor thy trial thou hast put thyself 
God and thy countn^ ; which country 
found thee O'^uilty . Wliat hast thou to sa^ 
thyself, wherefore judgment should not 
(fiven a'^ainst thee, to die accordiii}?: to the biir 
[Then ne wa* made to kneel and rise a| 

Roii'ucif, My lord, I humbly 
that your lordship will not give 
Jig^ainst me upon this indictment, o 
thv circumstanocs of it, I bti?e, niy li 



ht^'trfasi 
L. C. J. 



M] 



STATE TRIAIA 36 Chables 1L l6S4,— >r High Treaim 



I id tliU bdoour^Me court, in the presence 
-'•-*• *^ '♦ ftrp scare Kev of tiearfSf my 
4" ; tut I baTe been found 
li^ .. II \vlu>m lUe Lord have 

I : iny detestation anil 

, II in my Tery soul \ 
W I do humbly bf'^; your lord&hip and the 
^ttrt to com|]aisioiiate'tny preHont condition ; 
^^'*tlj biiinbie snbmissron to your lordsluiit 1 
enter iotn my disrx>ur3« unon that 
taesds ; for 1 would be M\ taken thus^ 
gttt io this convietion to deny the thesis, 
■ was guilty of spesikine Biich words 
in the indictment. Bui U(M>n the 
-1 r nz that 1 ivere g'uilty, I 
tliAt these wordfi, as they 

vt lai^., * IVeaiion. They are very 

Cnlob mod ugly vrords; and nmy be a very 
DisdciDeftnour inlaw (if true, whicli still 
i over and over again insist upoo)» but 
not treason. And I lieg your lord- 
tio oie the fuvour to let the Indict- 
* re«d once more, 
J. Ay* with all nny heart. 
Rot, I huinbJy tUank ^our lordship i I de- 
t »ay be read in Latin. 
. C. J. Ucad it to him in Lutin* 

' t$, Juratorc^pro Domino Uege suptT 
encam suutn pr;r8entaQt, SfC, 

[Tbc wb^le Indictment was read] 

Btfv* 1 humbly thank your lordship. There 
DC things that 1 shall ofler to your lord- 
iKiTes^ of judgment out of this indiet- 
ii\A I request your lordship to bear me 
K Ing hert' fur my liie. I pray 
lie arrested for theie causes; 
rnot any crime !»ufficiently set forth 
Jftbip to ^?e judgment upon, My 
Jgliy take it fur y;rantedf that in all 
I oi treaiion there mu»t be some par- 
r of treason ussig^ned ; uud that it 
cient tadjctnient in j|p^neraT» that a 
intend to depose the kinjj, or to raise 
liun, n ith out some Overt- act poMtii^ely wi- 
] to b*' linnrhv that person ; the jfeuenil 
IfcittioQ 1: ai) iudu cement to the 

1 I luattepi that set forth the 

r LretiiH»tK are tl»o«e that mnke 
, upon which the court and tJi« 
piooeed. ^o\i\ my lord, if that 
er^ timt b altedged, lie ins^ufScIent, 
nhie submission, thoug'h there be 
ny such sorts of facts proved, and 
jury, the party i^nuot be con- 
rfreasoD : For,' in this case the 
I same adtrantagc to except iigolnst 
B particuliirs alledged^ to prove the jfcneral 
fffci^c««..ri tFV-ncon, 851 acainst the gneneral trea- 
in II' \ with humble submission, my 

hrt^ V- \\ that the matter here sug- 

. as will evidently anpcar 
yfafli i ii !o offer to your lordship, 

ftn4 utjii pruiei pal objection that I have, 
i«t the inuueudos, which are so many, 
^mr$os^,in these words that are allcdged 



Hl^ar 




against me. These inuuendos, my lord, I say, 
are nought and void ; aud t presume that it 
will be allowed to mc, upon reading of the 
words by themselves, as had and as foolish as 
ibey are. >V^ithout these iimuendos there 
could nothing be made out of such words as 
these are, neither trt^ason* nor any thing else. 

Then, my lord, in the second place» laying 
asitlc the innuendos^ I muiit insist upon the re- 
pugnancy and instMisibility of the words laid in 
the indictment, being in Latin » and such Lahn« 
as I believe your lordsViip never saw ; au^ 
upon these two points, 1 de.sire that judgment 
may be arrested, and I humbly pray counsel 
may be Assigned uie to make them out m bet* 
lerTonn, 

L> C. X What say you to it, brother Jenncr, 
and the king's couosef? 

Serj. Jtrrtwer. 1 cannot see that he has al- 
ledgedany objection, which hei-e requires an 
answer from any of us, that are of counsel for 
the hing. 

L,C. J. Yes, brother ; raethinks h« does. 

Att. Gen, Ifhe docs pretend to object against 
any of the overt -acts alletlged in the indict* 
ment ; 3'our lordship observes, this indictment 
is upon the statute of the 13tli of this king, 
wherein words are made treason, if they in- 
tend any hurt or imprisonment to the king-s 
t»erson. For his objection as to the hmuendos, 
ic dues not assigu wherein they are repugnant, 
or insufficient, lie does a«isign in particular, 
indeed^ th lit it is insuflicient, being a general 
crime ; which yet he does not say is not suffi- 
ciently laid ; for it is said, that he did compass 
and imagine the death and destruction of tlte 
king : And, to eifect that compassing and ima* 
giuatiopt he did speak such and such words, 
which by the statute are made treasou if they 
tend fo attempt, by preaching or writing, any 
imprLsoumenc or harm to the king's person. 
Then for him to come to talk of, ' standing to 

* their principles,* after he had spoken of * two 

* wicked kings together,^ meaumg the laie 
king,andthe present, and that, ' then weshould 
'overcome our eotunes,* what is that but 
preaching in order to raise a reheUiou and in- 
surrection, tending to the destruction of the 
king, and his government ? All this is laid in 
the indictment ; the jury iind it spoken ma- 
hciouslvt and with such an intention as we 
have hud ; and therefore we think that it is suf* 
licient. 

L, C\ J, Uut, if I take the gentleman right 
(for 1 tell you befomhand justice must be done 
to all people im partial! Yi the crime is a very 
great cnme that he s»tuiids uccu^d of; and 
the jury have found him guilty of ilie crime 
laid in the indictment: But, if I take him 
artg^ht] he does not say that wonis are not 
sumcient to create a treason, but the words 
here, as they are laid in this indictment, are 
pot sufficient : And as I take it, there is no 
great dilHculty in the matter ; but the wonia 
would have been sutlicienl to have supported 
the accusation, if they be well laid. But the 
f^uesttoti is, whether the wordt» that you have 



SS] STATE TRI ALS» Sff Charles 11, ifiSi.— ThW of Thomas Rmwir, [S 



bid here, be so po^ lively a65rine4l to hare been 
okeii bj the prisoner and to rcbfe to tlic j(o- 
nimtfnt, ns tUey ought to be in un indicitricnt 
li%b ti-easoii f 

Att.Gcn. That the inilictmeiit rou&t make 
Pill ; aud the jury have ibuud him ^liJty, ac- 
li^rdiuif tn tht^ iiiJictnient. 

X. C X But that b his objection, they arc 
[jiot soin the indictment. 

AU. Gen. My h»rd» they are laid as the 
ritnesses swort; Iheai : as your lordiihip can- 
Hoi but remeraber. 

L. C. /, That they are net positively af- 

Brmed, but only tiDedgeH under an innuendo; 

liat is, he s[»okesuch and such \%ordii, whereby 

be compared Uic king* t<» Jeioltoam, and tlic 

lllke ; and we had two w ickcd kingia tojycther, 

|bl3t if we would stand to out principles, wo 

ibould overcome our enenutii, innuendo the 

lu^, 'i'he alletlging erf the w orJs spoken 

I in the indictin<mt vh positive, if tliere be bofli- 

[c)ent matter in the words to make them ap- 

I Bihcabte lo the government, so as to make it 

llreasiQn. Bm if you #>nlv *ay, he spoke I hem 

t^tmtendo «(0 and sa, ihat itj not pL>siiive enougii 

To make the indictment good. 1 take it lue 

Bbjeetion rims ifiut way. 

Urn, My lord» I hmnMy thank your lord - 
^^brii tin* exiifaining- mv niraninir : it is so; 
/„ L\ J. ^ In T .. e.is«^, tf yon 

ay the dffcno.r nd such words, 

"ymi do not hi> u , p them of tht 

plamtifi; in7iuni<f(\ ;ifl; in repent- 

^ rdfs vvt> n ' I * . V . . . - , i t re , i i y o u had 
|ht it in the tndtt'tment, that having dis* 
fe oi thr itttc king and this king", he had 
ti^cii ih<"HO words?, • We ha?e now had two 
r* wicked kir.^s, &c.- you ehmi had bruughi it 
[liome to htm : but you do not lay it tlial it wau 
oken of them at all, but onty in'th* immvndo ; 
■^tfls you ougfht to say, first, That he s^pokt- 
I btc king", and this kinij ; and then said, 
Nave hud two wicked Unv^s tog^*ther, in- 
fmucitdo^ I he Jate king, and this king. 
' An. Gt:n, My bird, 1 do not know how we 
I could have done it bcUer th»n we have done* 

L. C* J. lx>ok ye, w^e give no opinion ; hut 
^thc objection has weijjht in it^ upon m) word, 
I Ai I told vou before, in common rasi^s, an ac- 
i tio« of fhc! case ibr word**, or tl\e like, ynu 
ritiitxt lay a communication coocemijic'*^*^ 
Ffilainlifr, or an intiumdo^'iM not be asutficient 
[ aierfiient of its lieing; spoken of him. In en 
' I of ihf ciise for words, till utlhiu these 
In or eif^ht yearn, they wen* obliged to lay 
r the plaintiff; and of hi<% tnide ; 
I me him, were bp<»kt-n of him 
ill Mtrii u iitut' such word^, l^<s thnt h^ was a 
^ <?beatin{r knn^u; wher*.* the woni knave would 
1 Ix^ur an action, n hnre innucntjft WmiW not do, 
tikiii wdH nr»t tnoTigb. But, now I confess, 
klmncedtelaratUius nre made a littli^ more con- 
1 ci«(e, you need only ^y * dixit ile qnaTente,* 
bwudi «nd Huch wonk" without a Voitoffuiuffif 
fliul you must 5ver it t'j be spoken of the plain - 
Ltilf. 1 never thou^it it |fnod in snth a cose, 
, ^ My of a merchant, tie is a tiattkrnpt knare 



{innuendo the plaintiff), unless be say he ^ 
of his ti'ade and merchandise, t^o tbat the 
jcrtion does seeno to carry rery niucb 
iu it, 

SoWior General (llr. Finch). My lord, 
ynur lordship would ^ive me k*ave, 1 woi 
endeavour lo ansvrer tne case as yt^nr loidjjl 
has pni it ; for, my lord, no donht m all coi 
nion actions of the rase for words, it rnuai 
averred lliat tlie words wei*e spoktn (tc jn 
of the ptaintiff; hut the first partol 
ment, m tliis case, shews that the v 
be spoken of the person of tiie king, ;-i 
late kinijr; tor it says, be did cunfi[ 
death and destruction of the I 1 

(Mise him from hisy:Ovenmieii( 
that traiterous, wicked inienutiii ^pi i 
intcnttotte lie did speak these words of 
veriimeot, ♦ We have bad two wicked 

* together,- meaning Ihia king and the 
king- 

Z. C, J. If you bad said fto, that be «^ 
these words of the king» you had an«wV 
mv objection; but the conspimcy of the d 
ol' the kin^ bein^ only a general form 
treason, will not make gotnl an mdicf^ 
of higli treason -, but yo^ must vh»-w 
acts or words to evince and prt V '\ 
his intention; that he did eit 
and Siucb words, or did KUch - > 

It i% not a gfu»d indict meul to » 
■; , for he spoke fv ' 
■ > c4iiTy on hi<i 1 

..... ....J such v..n,t. of .,.. ^„.,..._... 

mtist be potiitn d, 

SqI Grn, V\ , mv lord 

*■ et ad ea!^dem net and as | 

* rimpleud&s,* he spiike % 
Wehaveha^l two wicked kmgsi togclht!f» i 
uurndo this king and lite late. 

L. r. J. You ha%e innuf.nd<i^'d\% UM ttiib 
T do doubt ; for all the fncts are laid imdi^r 
iiinncnd<Xi MiUiout a positive avcrtnenL 

Alt. Gen, My lord, I think it isasfuUy U 
as il |)ossibly eouM be. 

L C. / Come, Mr. Attorney, if an casrt 
common artions for %» ords there \m ^ueh «iyi 
nc^s reipiiretl, ten time^ more ought thcru 
be in an itjdictment of treauon, where a maj 
life, and all, h so much concerned. 1 am i 
i»ati.%lied, I aa^biire you, that this indiHiBrnl 
well hiid. thotJgU I give no opinion ; but In 
justice wo oujjht to aswgn him counsel to ma 
out his ohjcction, 

Ati. Goi. Alt this, my lord, is only in 4fU 

LC^J. Mr. Attorney, * Ue vi' 

* nulla est cnnctfttio loiig-a.* I thin^ 
to as5«tgn him ^ ^1 the rest or my m 
!hcr!arcofi' loe. 

A(t. Gen. *.' i tti. :ij read colonel Siilne 
Trial, '^ and the [odictment there, and tbej 
find it the siirue ibing, 

L. C* X 1 cannot ttll whetlier there arc 
such innumdin there, 1 believe noi^ b 
know not il'Uiere were, if in ease it had 1 



* SeeTol % t>. 8ir, of ibia CoHectM. 



STATE TRfALS, sSCharlbs 

»H in aiTMt of judg^m^t^ what ihe court 
M b»?e dooe thctt* But I think we oaght 
tft Mi^ lum counsel to make out Uts ob- 

• Tery fact thftt makes this 
rTH'^' up sedition and reLcllton 
iruj we saVi to effect it, 
ii< rn his pat pit, we have 
together, raeaniogf 
huvc su^ei'eil Po- 
ne uiidei tiirir noses; hut, if yop 
■your pnnctplejf, meaning ihepeo- 
■" irour coeniies;, meanlntr 

PI '3t. 

" f!o not say that he 
^«ke ' I :^ : iliis you shoukl 

ii :.,.:- :i:espcnkiiigot these 
fy^iy overt- act ; ari<i if he did not 
rof ttie kiojf, ^ hicli yon ought to 
at Otily hy way of mnurndot thai cftn- 
* think, be m* (jo<hI, lioi' sofiirient. 
J«i». H'tMinT. I take It that these are the 
m wonls that are to noaiutain ihj*i indict- 
. and the <piestion is. nhellier 
hare t>een averred that they 
okc=n otiii ' .rs? 

, J. We any opinion, Mr, 

' jir-L liuii Keemti to he $oinc 
t and weii^lit in the objec- 
» K r-vt' li urjTUfcd, uud iheretbre 

An. t . ■.. , L. uk your loidshsp, 
. £. C, J. We (fo ihnik !t Ht to Jook into it, be- 
w© nrue^tnl any tariher in a case \rherc a 
'^ttn^thie 18 cOTicprnotl, 
Ritt, 1 prny find lo bless yourtordship, 
t' i you have na ntn^d to thank 

'^ :u do justice lo a!l men. 

fU*i, Uui 1 <U sire to rti tiro luy hearty thanks 

' jfour lordsihip, for exphiniuf*' and maktntf 

I tny iinakilfuhief** in the law Avould 

nil me it} do, God be your reivarder 

Ft* C. /. Well, who would you bare to be 
ponsel f 

fif yonr lordship pleases, ftlr. Wallop^ 
hpxfi-ii. :nu\ Mv. Thonms llaraptield. 
rf- C u as^ii^T^ued of counsel for 

I veil, I ihink It IS noe im- 

k»', Oju^o this occ*j*i*>o, to take no- 
liiai H in my mind, relating- to your 
I In^c^use f observe it is a matter of great 
itioii, and *so ^^•ds M your tnirf, and here 
Rt rrowii " " ' now; vhat as thii^ 

undr if t! I nt (ulU out to be a 

Dent, unirii is the question that 
btfffore the «*ourt> so that you 
;,.,4..,.,^^t of high -treason paijsed 
■r according to that jud^f- 
[ik,.„ ...., ., , inc of thf?se 4CK) people 
sr yotif auditurs at the time that these 
lilt are thus found and a<1jnd^ed to bij 
Oo, w^rt? spoken ? And 1 siieak U for the 
of all eon?entiok'rs» and frcipieolers of 
•fb mertinj^, (ts tht^se are. If yoo, that are 
tttpTOfberf . and tcaebere, the mouths of such 
s, do utter treason, and so they 



n; 1684.— /or High Treai^n. 

conceal that treason, what a condition are thejf 
In? What are they guilty of ? Therefore,! 
)>eople will consider, they would do well 
think, that when they go to such places, th 
go at a great peril ^ being to answer for thetii-i 
selves, ^lieir lives and estates, upon the pru-i 
dence of the expressions, to say no more, tba( 
come from the teachei^, I only put 3'ou m 
mind of this, because I would have all standers*) 
by, and the auditory, which 1 sec is lery i^reafJ 
ill mind, what danger and risk tbey run in lliitl 
offending the law, ^^ 

Htn, My lorrK 1 do hcUeve, that 00 one iM 
the world^ besides these witnesses, ihut heri^ 
were produced ag'amst me, can ever testify the 
lenst disi"e&[*ctifiil woid spoken by me of tb 
late king, or of his present majesty* 

L, C. X Well; when will you be ready J| 
gerit!emen ? * 

Mr. Palkxfcn. My lord, we desire to hari 
as much time to prepare ourselves as we can. 

£, C /. TVo or three days time will servCbJ 

Att* Gen. It Ls ^t we liliould kttow wha 
points they intend to insist apon, that we 1 
prepare to arwwer them. 

JL. C. /, Yes, \es, that must be, but I 1 
ceive his main objection is, what I tell ; let him^ 
be brouq-ht hy rule hither, upon Thursday, be«H 
cause the »:oun may have time to consider of | 
what shnll be said on both sides. 

Rati. My lord, these gentlemen are Strang 
to me ; hut I dare rt^ly upon them, tron 
the character I have heard of them, that thej 
will do tne all the justice tliat they can. 

L. C, X Well, they are assjfjned of couns 
for you. But 1 eon Id not forbear giving tha|^ 
hint that I did, ibfil this might bea warmng t« 
people, how they transgress the law in gtnsg 
to such meetings. 

Die Mercurii, 26 Novembris, 1684' 

Bex rcr, Rosewell. ^j 

i. C* X 3Ir, Pollcxfen, hare you any thio 

to move i* 

Mr, Folleifen. My lord, I have one word to 
move for myself, and the others that are ap> 
poiote(l to be of counsel for Mr. Rosewell. W«^J 
rJniik it our duty to apply ourselves to youiLj 
lordship for this favour ; thai, to enable us tb* 
belter to do our duly for the person for whom 
we are assigned, your lordship and the cour<r j 
would plea^ to order that we may have a copy' 
of the indictment. We do 3cknof%ledge, that 
It is not an usual thing lo have copies griuiieii 
(thought there be no express law that we know ^ 
against it) in capital matters, but where any I 
doubt does arise upon the petining the indict* ( 
ment, and counsel \s assigned to enable them to 
do what is fitting for them to do for their clienly' 1 
copies of the indictment have been granted ; 
particularly in the case of Fitzharris, in order 
to the plea that he was to put in ; and I my^ 
self was one of tb^ counsel at that time. 

i. C. X Mr- Ptdlevfen, I make 00 doubt irtH 
the woihl, it is in the jpower of the court to 
order a copy of the mdictmeot, if tbey eeo 



96SJ STATE TRIALS, dA Charles II. \6U.^1Vial of Jkmai Roseweir, [264 



laid here, be so positively affirmeil to have been 
spoken by th^ pilsner and to relate to the go- 
vernment, asibey ought to be in an indictment 
of iiiL^li-lreasnii f 

Ait.Cen, That the indictment must make 
(mt ; and the jury have found him guilty, ac- 
cordinar to the indictment. 

X. C. J. But that is his objection, they are 
not so in the indictment. 

Att, Gen, My lord, they are laid as the 
witnesses swore thcni : as your lordsJiip can • 
not but remember. 

X. C. /. That they are not positively af- 
firmed, but only alleilged under an innuendo ; 
lliat is, he spokisiifhaud such v.ords, whereby 
be compared tlic king in Jcioboaiu, and the 
like ; and we had two wicked kings together, 
but if we would stand to our principles, we 
should overcome our enemus, innuendo the 
king. The allcifging of the words spoken 
in the indictniont is positive, if there be suffi- 
cient matter in the words to make them ap- 
plicable to the government, so as to make it 
treason. Rut it you only say, he spoke them 
inntirndu so and so, that fs not positive enough 
to make the indictment good. I lake it the 
«»bjcction runs tfiat \¥ky. 

Rm. My loni, I humbly thank your loi-d- 
ship for explaining my meaning : if is so. 

Jr. C.J, In an acCum on the c.iSk\ if yon 
say the defc-ndant ?fpaJco such and such words, 
if you «lo ot lay it that he spile them of the 
jdatnlid'; inv\uuni\ The nlainlifl*, in repent- 
ing thi- voids uf.i't ^o. S) hfrc, if you had 
bronchi it in the ii'ilivtnient, that having dis- 
CfHirse o, t'.M ititv king and this king, he had 
sp'^Un til. sf: wiird.s-, * ^Vi- lia^r now had two 
•wicktd kif i;s ^<*' you lh«-n had hrou;u;ht it 
hoint to liioi : hut Vini do not lay it that it was 
spoken of th:>ni at all, hut only in* the innuendo; 
vhureas yoiiouf^^h tosay.firNl, That bespoke 
of the late kirg- and Uiii kin:; ; and then said, 
We have hnd wo wickw kin«,'s- together, in- 
vuutdvy t!ie J.ito kifii;, and fin's king. 

Att. (itu. M\ lord, I do n(»t know how we 
could have dom'it hiiiiT than wc haw done. 

L. C. J, l/iok ye, we j'iu- no opinion ; but 
the ohjfrtion has w tight in it, upon my word. 
As i told you before, in comuK>n rasi-s' an ac- 
ti »n of tlio case for word*?, or tlic like, yon 
must lay a communication eonrc nii.iif the 
plaunirt', or ati ^n1nfzndo^^l\\ not 1k! a sufficient 
a^ennent oi' its licinar s[ioken ol' hiui. fn an 
action of the (Tse for wonK-, till witliiu tlu*»c 
seven or light jxarji, they were obliged to lay 
a Coilwfvit'.m M (ht- plaintiff, aufl of his irai!*/; 
and that to defame him, were Npokin of him 
at sneh a time such word*«, a-? tdnt hv was a 
rheaiiug knave; whew th." v. on] knaio would 
hear an action, a bare innucwU* \\ uild not do, 
that \\%v* ttnt nsOKs^li. !?ut, nou* 1 cimfiNs-, 
since detlamUons aft made a little more con- 
cise, you need mAy ^-ny **h!t {\v qiiUTente,' 
Kueh aufl Mich words' without a Coifotptium, 
but you mustavtT it t'.* bi» spoken of the plain- 
tiff. 1 never thought it good in such a case, 
to say of a roerchant, he is a bankrupt knave 



(innuendo the plaintifT), unless be say he wgolae 
of his trade and merchandise. So that the ob- 
jection does seem to carry very much veigbt 
in it. 

SoUcitor General (Mr. Finch). My lord, if 
y(mr lordship would give me leave, I would 
endeavour to ansn-er the case as your lordship 
lias put it ; for, my lord, no doubt in aU com- 
mon actiant^ of llieca-^o for words, it must be 
averretl that llie woi*ds wei-e spokeu de pemonm 
of the plaintifl'; hut the fu^ part of the indict- 
ment, m this case, shew tliat thf^ words mint 
be s|M)ken of the jicrson of the king, z^A of tba 
late kinijr; fur it siiys, he did conspire the 
fleath and destruttion of the king, and to de- 
fNise him from hi^i government, and to manifest 
that traitcrouR, wicked iutentioti of his ; Em 
inientione he did speak these words ot tlie go- 
vernment, * We have had two wicked ki^ 
( ti^ether,' meaning this king and tlie M 
king. 

£. C J. Kf you had said so, that be spoktf 
these words of the king, you bad answeraf 
mv ol»iection , bu the coaspiracy of ll«! deitV 
of' the king bi-iug ojily a general form for 
treason, will not make good an indictnieiif 
of high treason ; but you must &hew aooie 
acts or w ordb to evince and prove that that itJW 
his intention ; that he did either speak mh 
and such words, or did such and such actinfJ 

is not a good iudiciment to prove that faHl 
ron^pLrc» for he spoke such and such words. 
Lilt Ihmt to carry on his conqiii-acy he didspeak 
such and such wordb of the government, that 
must bi* pohitivi Ij allcdged. 

Sol. Gf-fi. Wc do sfl my lord ; for we taff^ 

* et ail easdf -m nelandas proditiones,' &c. * pe- 
- rimplendcs,* he ^poke&uch atHl such wom^ 
We have had two wicked kingn together, m- 
iiuendo tliis king and llie late 

Ij, i\ J. You ha\e innuendo^ J it too mutk^ 
T do doubt ; for all the facts are laid oudier HI 
ianucndiX, without a poskiTcaverfnent. 

Atf. Gni. My lord, 1 think it is as fully luif 
'as il pissilily could be. 

L C. J. Come, :^lr. Atloraey, if in casei «f 
coinnKMi actions for words there be ?fuch strict* 
ncas rtipiired ten timet^ more ought lherc?t« 
he in an niljctment of treason, wUerw a man^'f 
life, and all, is sn much Cfjacemed. f am not 
siitiAfud. ] assure you, that ibis indictmtiit ia 
wHt laid, though 1 give no opinion ; but in aH 
JMstic4? w<' ought to asidgu him counsel to make 
orU his ohjrcti.m. 

An. Oi .!. All tiiis, my lord, is only in debj. 

L. C. J. Mr. Attorney, '• Lie vita hominoi 

* nulla TNt cunrt'i io loug^' 1 think we ou^ 
u> as>iiiin liinv cot n^t and the rest of my mo* 
ilitTN- are of t'.ial opinion too. 

Att Gfii. Lot them read rotoncl Sidiwj^ 
Trial," and the Indictment there, and tbeyV 
find it the sanu- thing. * 

L. C. J. I cani<olt*.n whether there are aow' 
such iut.uendos th(Te, 1 behove not; but a 
know not if tln^e wei-e, if in case it had [ 

« Sec vol. 9, p. 817, of this Collectiov. 



8S5] STATE TRIALS, 36 Charles II. 1 684.— /or High Treat&n. 

iwfcd in arrest of judgment, what the court 
vould haf e dooe then. But 1 think wc ought 
10 assign him counsel to make out his ob- 
jection. 

Sol Gem. The very fact that makes this 
tnason, is his stirrinp^ up sedition and rehcllion 
vilhin the kingdom ; and we say, to effect it, 
Iwbad these expi-essions in his pulpit, we have 
Bwbad two wicketl kings togetlior, meaning 
tUf king and the late, who have sufici-ed Po- 
MT to come under their noses ; but, if }'0u 
vii stand to your principles, meaning the [ieu- 
ple, we shall orercoroc our enemies, meaning 
the king mntl government. 

L C. /. Ay, but you do not say that he 
ipeke thfse words of the king : this you shoukl 
Hie nki at first, because the speaking of these 
vffds b the very o%'ert-act ; and if he did not 
tfak them of the kiug, wliich you ought to 
lAm, hut only by way of innuendoj that can- 
MC, we think, "be so good, nor sufficient. 

JiBt. Wiihins. I take it t!iat tliese are the 
mm words tliat are to maintain this indict- 
■m of treason ; and the question is. wliether 
Iky ought not to have Ijcen averred that they 
vnt BMcen of the two kings ? 

L, Cm J. We do not give any opinion, 3Ir. 
)r, but because tliere seems to be some 
doubt and weight in the iibjcc- 
taifWc desire to have it argued, uud therefore 
vMian him counsel. 

Xml I humbly thank your lordship. 

I.CL J. We do think it fit to look mto it, be- 
Anevefiooeed any farther in a case where a 
■■■?■«» concrrncd. 

Km. 1 pny God to bless your loiilsliip. 
L'C.J. Na\, you ha\e no nectl to thank 
o» ; iBridesin^ to do justii% to all men. 

Xn. But 1 desire to return my hearty thanks 
ii mr lordship, fur evphining and making 
iV what my unttkilfulntrss in the law wuuM 
■M fftnoil inc to do. Gud be your rewarder 

LC.J. Well, nho would you have to be 
J»ir counsel .' 

Rm. If \f nil- lordship pliases, Mr. Wcillop, 
Mr. Pollexten, and Mr. Thomas ISaniptiolil. 

^ £. C. J. \jcX iheui be assigne<l of counsel for 
Mm. Rut. Mr. ftoscwell, 1 think it is nnt im- 
(ra|i»T fur ine, u|ion this occasion, to take no- 
i« ef this that is in my mind, relating to yo!ir \ 
lAir, because I uiiserve it is a matter Of great j 
ilfi«.Ution, aud so uus at your trial, and here i 
»» great crowd f:f people now; that as this 
itei ts found, if the indictment falls out to be a 
fMd iisdit tmcat, which is the question that 
wtm dt.*fH'n<i> before the court, so that you 
OHM to bavf- iud(rmcnt of high- treason fMissefl 
■1^ you, and to suffer according to that judg- 
■m. what uill become of these 400 people 

%m we.t your auditors at the time that these 

Mf^B, that are thus found and adjudi^ed to be 

hHWv, were <;poken ? And I speak it for the 

rib of all conventiclers, and frcqiient(*rs of 

~ 'l Bwmigs, as these are. If you, that are 
«. and teachers, the mouths of such 
Df, do utler treason, and so they 



[S66 

conceal that treason, what a condition are they 
in? What are they guilty of ? Therefore, if 
people will con>i(lpr, they would do well to 
think, that when they go to sucli places, they 
go at a great peril ; being to answer for them- 
selves, their lives and estates, upon the pru- 
dence of the expressions, to say no more, that 
come from the teachers. I only put you in 
mind of this, because I would have all standers- 
hy, an<l the auditor}', which I see is very great, 
ill mind, what danger and risk they run in thus 
oflendingthe law. 

Rtn. ^ly lord, I do believe, that no one in 
the world, besides these witnesses, that here 
were produced against mc, can ever testify the 
least disrcs[)ectful word spoken by me oV the 
late king, or of his present m«ijesty. 

L. C. /. Well; when will you be ready, 
gentlemen ? 

Mr. Poticrfen. My lord, we desire to hare 
as much time to prepare ourselves as we can. 

L. C. J. Two or three days titne will serve. 

Alt. Gen. It is fit we sliould know what 
points they intend to insist upon, that we may 
prepare to answer them. 

L. C. J. Yes, yes, that must be, but I per- 
ceive his main objection is, what I tell; let him 
be brouufht by rule hither, upon Thursday, be- 
cause the court may have time to consider of 
what shall be said on both sides. 

Ras. 3Ty loni, these gcntlcnu-Ti are strangers 
to me : hut I dar^ i\Iv upon them, from 
the character I have heard of them, that they 
will do me all the justice that they can. 

L. C. J. Well, they arc assi^^ned of counsel 
for you. Hut I could not forbc»ar giving that 
hint that I diil, that this might lie a warning t(v 
people, how they transgress the law in going 
to such meetings. 

Die Mercuiii, 26 Novembris, 1681 

KeX VCr. ROSEWEI-L. 

L. C. J. 3Ir. Pollrxfen, have you any thing 
to move :' 

>ir. Fof!f\fcn. My lonl, T have one word to 
rnovi* for niyseir, and the others that are aji- 
••oiiUe-.l to ho of counsel for Mr. Rosewell. We 
think it onr duty to apply ourselves to your 
io.d.ship for this favour ; that, to enable its the 
i'tttcr to do our duty for the person for whom 
\\c arc assigned, your lordship and the court 
would p'easc to order thnt wc may have a copy 
of thr indicUucnl. He do acknowledge, that 
it is not an usual thin<>- to have copies granted 
(thought there he iu» c.xpnss law that we know 
at^ainst it) in capital matters, but \Uiere any 
iloubt does aiisn upon the penning the indict- 
ment, and counsel is assigned to enable them to 
do what is fitting for them to do for their client, 
copies of the uidictment haie hfcn granted ; as 
particularly in the ca>e of ritzliarris, in onlcr 
to the plea that he was lu put in ; and 1 my- 
self was one of the counsel at that time. 

X. C. J. IMr. l*olle\fen, 1 make no doubt in 
the world, it is in the power of the court tr* 
order a copy of the indictment, if they se€? 



£67j STATE TRIALS, 36 Cuaelbs II. i6%4^^Tiialof Tkmim fUmweli, [968 

ttaiue ; but. if }'0U remember (for you were of 
oouDsd in tlwt cause too), it is not to be pnoted, 
because it is asked. For my lord Russell had 
no copy of the indictroentp though lie insisted 
rery much upon it: And it was m the case of 
FitKharris granted, that he might particularly 
apply his plea (if he had a mind to it) to the 
inuictment ittM'If. 

Mr. PoUexfcn. My lord, I do not desire a 
ropy of all tlie whole indictment ; but of so 
much thereof, as may be enough tor us to 
know the foundation upon which we are to go. 
1 do remember wc were called in, in my lord 
RusselFs case, upon the point of challeng^e, for 
want of frecholuers ; but that was not in the 
point of the indictment, and there I cannot see 
what we had to do with the indictment ; but 
here we must understand bow it is laid really 
in the indictment, that wc may apply our ar- 
guments to the case ; and that 1 bene? c was 
never denied. 

L, C. J. Look yc, if you speak to me pri- 
vately, as to my own particular opinion, it is 
hard for me to say, that there is any express 
resolution of the law ui the matter; but the 
practice has been always to deny a copy of the 
indictment. And, therefore, if you ask me as 
a judge, to have a copy of the indictment deli- 
vered to you in a case of high -treason, 1 must 
answer you, Shew me any precedents where it 
was done : For, there are abundance of cases in 
the law, which seem hanl in themselves ; but 
the law is so, because the practice has been so, 
and we cannot alter the practice of the law 
without an act of parliament. I think it is a 
hard case, that a roan should have oonnsel to 
defend himself for a two-penny -trespass, and 
his witnesses examined upon oath ; but if he 
steal, commit murder or fblony, nay, high-txca- 

son, where liie, estate, honour, and all are con- 

ccrneil, he shall neither have counsel, nor his 

witnesses examined upon oath : But yet you 

know as well as I, that the practice of the law 

is so ; and the pnietice is the law. 

Mr. PolUxt'en. My loixl, we heard the other 

day the indictment* read, and so may have 

some little account of the indictment ; hut we 

desir<> such a copy as may enahic us to ar^^ue 

aswRoujrhtto do, and as the C4)urt will e\|H.'Ct 

from us, U'liig as>i{^niMl by the court. 

Mr. Wallop, My lord,* if we Khould offer 

any thiiig tliut is iii>t in the indictment, it is all 

one as ii' we heltl (uir rui)<i|riies ; and if we have 

only a lo<*.se account ui' the indictment, that 

may be as bad as if we had a false one : and 

therefore wc desire, to the end that we argue 

ad idem, that your lurdship witli please to fa\our 

us, that wc may have a copy of so much oi' 

liie indictment, as upon which our objections 

may be grounded. 

L. C. J. Mr. Pollexfen, you may remember 

a particular case, I have forgot tiic name, but I 

belief e you may remember it ; where a prisoner 

at this bar desired to. hare the indictment de- 

Lvensd to him to read, hut it was denied him. 

It is hard, I confess, and so are many other 

thipgv in the law j but 1 am wonderfully 



tender of making precedents: tad thereforp, ii' 
it has not been practised, I do not see how we 
can dp it. 

Just. Withins, That is the usual practice, 
my lord ; but it is m the power of the court 
sure to grant a copy ; or, at least, of so much 
as is necessary tor them to apply the m ieiv fi 
to. There have been many cases of rourdcni 
where they have had copies of the indictment 
in order to move in arrest of judgment, at this 
case is. 

Just. WaUoi. But have there been aDjio 
high treason i* 

Just. Withins. 1 do not take it that then p 
any difference between the one case aod tb 
other, they bein^ both capital crimes; aiii 
counsel being assigned, they must know wlMt 
they are to speak to. 

t. C. J. 1 would know when ever a com 
was granted to enable the (wrty to more iQ 
arrest of judgment. 

Just. Withins, My lord, when there if A 
motion in arrest of judgment, and counsd pi- 
signcil, that is a thing the^ ou^t to bMNfi 
how to demean them^vesm their ai^gunoMpilk 

3Ir. PoUexfen. My lord, we sumnit ft # 
you. We desire the favour that we may Ac- 
quit ourselves as we ought to do, ami ap thi 
court (we know) expects from us. 

JL. C. J. As iar forth as I could do, hmg in 
the case of life, 1 would indulge you : m I 
tell you, I am lotli to be the author of praee- 
dents in cases of this nature, one way or odi^ ; 
especially in this case, where I know VM 
cannot but understand, by what was firnf 
here the other day, what tiie objectioii is, tad 
where the stress of it lies: every mao aldw 
bar must needs understand it. 

Mr. TolUrfcn. My lord, we know peflpio 
have various understandings ; and the caie ii 
many times variously stated, not only in ow 
minds, but in our books. 

X. C. /. Well, we know you nndentanl 
yourselves well enough : and what w« oouii 
grant, we would. 

Just. Withim. It may be Mr. PollesAtf 
does it only to make way for an excuse, wk« 
he comes to argue, that he is not so well pv^ 
narcd as he should have been ; but we knsjf 
liim well enough. 

3lr. Pollcjrftn, But, my lord, if we miiBlkp 
words of tiic iudictinent,we hope your lordplap 
will not tliink us im(icrtinciit, in having uadk 
this motion, which is lor ourselves, not for oiv 
client : and therefore, wc hope \ou will pardai 
us, if in ease we mistake ; which we ooali 
have had no colour to have desired, if what mf 
had to sav, wore guided by a true oopysf 
the reconf. 

No co[)y was granted, nor rule made. * 

* h\ Stat. 7 Ann. c. SI, s. 11, it was c»» 
acted. That alter the decease of the person wipf 
pretended to be Prince of Wales durmg the flk 
of thehte king James, and since pretends i| 
be kmg of Great Britain, and at the end oTAi 
term of three years after the in 




IJ STATE TRiAtS, 36 Charles \h 1684.— >r High TreMsm. 



[270 




DoiitMts Rrst vtr. Rosewell. 

KibvMr ni>^i tvrll was liff)a«rht totbe 
I cotitisel assigned 

AUop. Msky It please vo«r lordship^ I 

n*e\ for Mr. Roiiewelh by yoor lord- 

{ippfHiiUtieiil, be being here a prtsoner 

II ihc demise of her 
ir«*ct, aslhesaineis 
i gUiMi>> ittiiLtca, xc A^hcQ any person is 
iodktiFd for hi^li trtusvMi or misprbioo of 
UWOii, a liii iA'xha ^Uoesses that shall be 

aeoid on the trial for proviDtJp the said in- 
■ml, and of the jury, Qietuioning' tb« 
DiaMm, profanton and [» I ace of abode of the 
Hilirftiiefii^ >uid luioi^, be also ^iven at the 
i%\i >y of the iudictment is 

I Ik: r nidicted, aod that copies 

^ictitietiiA i\}v the offeuces aforesaid, 
I llMl, shall be delivered to the party 
I ten days before the trials and in pre ■ 
I of two Of more crtdible witnesses, any 
iitrary notwithstoiidinpf. 
t. 7 Ann. c* 21, extended 
"■IBpri^iiegc^ i^nich had be«n g^ranted by 
ML 7 W. 3, «. 3, and was first a^^ted upon 
Gordon's Case, a.d. i7Bt» io 



pomnioti'luw no prisoner in e&pilat 
ft^% iniitlt'd to a eopy of the indictment 
B\ V of the proceed in ens against 

|1 »t>6« it is true, hiive upon their 

tet! on a copy of the whole 
rtMi \ Itmh been ct>ii«tantly denied , 

' It «1» 4ktii«!4l iu Ihe case of lord PtPston and 
(be fivo other i^entlcnien indicted with him, by 
^"^ ^ littiouB opinion of the judi;es present, 
'ared tliat it never hail b«^n jtrratitetl, 
\ ttm^tnt\y demanded. And Itn^l Pres- 
•aid that it was grtinted to lord 
,1. f.^A i.v„ iu„t heaod«*)me others 
if lb* I . ere of counsel for 

tl||tlo(l^ .— .>'L «.,... i.iiu to denmud it; 
' FoA, sailh he, we knew he could not have it 
*hy law.' Lord Predion* not ^mtisfied with 
flui iii«wer| prayed that coun^l mi^^ht he as> 
hitit to arjnir tlmt point; which the 
aitimoiislv -i bebg", iheynid^ > 

i Ihat woi I i i a debate/ 

p«tatute of 4(3 K. I>, which had been 
imtlfj insSated upon by prisoners in the like 
tm^ was mxnth pressed m this. It is not in 
{te inKmi? th«< Httlutes, but an attested copy 
ftn fhe roll woM tetkA at the nrisoner's remieal, 
Ihl if firinted in the triaK it plainly reialeth 
in such records in whi^V '''^^ -nhject may be 
in tiltt ed, as ^ truittv't - '^ upon tmes- 

* fiao» of pf irate nghi:' .../. .. .i^ctetli, *ThBl 
' dl ytnam shall for the future have free ac- 

* Qte to fliem, and mav huve exempUficationa 

* •f tliicm w hethf ■ ' c for or aeai nst the 
*teBj.' Tbit Hn -lion of the whole 




now at ihe bar. jMy lord, I am informed (for 
1 have not seen the proceedings itor heard'! 
the indictoient read), that it is an indidmeiil?] 
fbr treaBOnable worda ; and many treason 
words ; and likewise, as 1 take it by iaforma* 
tion, these words are aopfiad by divers innu»L 
t^fiiioi ; 9o that, for augrht I can apprehend bjrtl 
what 1 am informed (which I must still keen! 
to) it is so uncertain I insensible, involved^ and ] 
intricatei tliat no safe judjrment, as I humbl j J 
coDceife« canlt 'U it, € 

My lord , to c I ' - iMvords ; first, if ynuii 

please^ I shall Ftaie lucm as disciiarged ofthe , 
innuendos^ and put them to your lordship / 
barely and nakedlyi as ihey are'in the indict* i 
mcnt^ and as they were sworn, and are to boil 
aup^MVsed by the conviction to have been spoken* | 
The words are these, as they stand dlseuargtil'l 
of their inuuen^ojr : that ^ the people make ft^ 

* fiocking" to tlie king", onder the pretence €M 
*- httalin^ the kiog^'s evil, which he could naft^\ 
^ do ; but we are they to whom they oug*!!! 1 

* flock, because we are priests and propi 
' that by our prayers can heal the dolors 
*■ g^riefsof the peuple. We have had now 
Mnckod kings together, who bave sufiere^l 

* Popery to enter under their noses ; who cmtl 
» be H' > > no Qiher person bat the 

* wir' I inm : and if they would i 

* to tlni. t"'^" 'I'lt'Sj be did not*feur but tltejrl 

* should overcome their enemies, as in former f 

* limes, with ituns-horus, broken platters, an 
' a stone in A8ling.^ 

These, my k»rd, are the words nakedly ia j 
themi»elves ; and tliese are said to be spoken ia^ 
a public assembly, where (hey were likely f»l 
do hurt to the government, Thua, I say, they i 
stand without nnv of the innutndos, Now,^ 
though your toi'jship will have, and justly i 
ought to have, a good account given you of^ 

** In the caae of Chamock, King, and Keys,^ 
whose trial* came on after the passing this act^ 
and about a fortnight l^i'ure it took pla<v, they { 
were denied a copy of their indictment | - 
though they argiietl with a sjTeot deal of pla 
sibility, that they were within Ihe reason 
e^juitv of the act at that time, an much asl 
would have been if their trials had been I 
on a tbrtnight later. 

'Mn these cases, and tn the case of tlie as« * 
saaaines, whose trials come on lieforc the com* 
roenceftient of the act, the prtsoners, as soon 
as they had pleaded, liail copies of the ^ 
delivered to uiem ; and their trials were' [ 
poned, that they mi^rht be better enabled to 
conduct themselves with regsni to their chal* 
teages. But this the court declared to be 
■Mtier of favour, and not of right: and coun 
and solicitors were permitted to attend themim ( 
prison previous to their trials. This likewist.^ 
was an indulgence, w^hiehtbey could uotckim < 
of strict right, and which in bad tiuios hatli i 
been genendly denieil,'* Fost. Cr, Law» i»£8, ^ 
«99. [ 

tl^, ttio, pp« 1 , 3, 930 of the eMIt bvok, Mi J 
East's PL Cr. oh. «. a. 48^^!. d^ 



ri] STATE TRIALS. 36 Ctt ARtES II l6S4^^Trial of 7Uma$ Rcatutif. [S 



I vvortU m these, how lUey canie to he 
n, even uking- tbem as ttiey stuml tlis* 
linrgiHl of ihe vmuendot; yet 1 buniUly con- 
Pivet vriili subtntssion^ th«^ tlo not contaiti 
ny iaieftiion of (lepcK»tDg^ or' ^ the 

insff aiu) so can bateiui trc^si>> mIiou 

|ti tucin : ami then \yur lordship* i >-in>|)«&c, 
FiH likewise exjK'Ctto l»a%'e a gfO<id at'tHnint of 
tliese wori|}j, in another respect^ how ^oids^ 
which la the hearing of ihera bare!y ami 
ily sjiokeiYi could nol carn^ a irpuMkrinhle 
loti ; I say, how it cou\e% to pnss ihai in 
irititiK' ot** them down in ati itidictraent, 
bey bctfiiiic high- treason. 
My l*jr l\ tliest' wui<N. us llirv stand dis- 

, extmva- 
1 It r towards 

»tiren^y. ihuu treason, N» that a* ihcy stand 
f^itboul further e,\[»laiialioti by au tnmtet/fin^ 
lii^y are fierfectly iiiseniiible^ and one cannot 
tl\ M bat they refer to, or whom ; and if th^ 
Ofdx, Ej vi lermini^ wilbout further avcr- 
uetit, cHjutain no treasonable intention and 
fti ' 1 I ntly have no treason ; 

and bard to main- 
, ^ji'i xj, I in- ,ioiiijMy in nhichlhey 
irere spoken, bein^' m»t into l^tin in an indici- 
«iit, they liihoiiUl OL^otne tjf''»^riu ili. y not 
Nig trt'&kon at Hotbcrbith» yy ' \vei^ 

olcen: bow t bey sboubt bi> tr «im at 

lingatoni or bere, where thk-y aie dressied n[» 
a anotlier form* Indeed, t know no way that 
I can be doB<». but by abiding: some other worris, 
some other bamT And, my bird, I snjnK*»*c 
_ was ko done by lho!»e who framed this in- 
ij<.ifnei!t that is Before your lordship* by iu- 
ting" and adding tbts uiuttitndc of ittnvendM. 
But I Bup(io«e, Uien, they that would insert 
I trtnucndoi must bate a ^ood warrant to 
I til era: iov if lliey are mserte«l wiiboui 
nnt m law, then it must be acknow ledgfed 
uie ))i;tt the indict metit is not |food ; ami f 
llitmblv conceire it tu be a rule in law^ tbattto 
nnuetttio can wammtably be inserted in an 
Indictmatit, intbrmation^ or deckration, u\n>u 
action of the case for words, unless the 
leleiidaiit fn^ him^ielf be averred, and that 
ectty, to bave mentioned a pertiornn certain, 
I wboiti those wonls may be rvterred ; aad it 
i uoi slide in by supposition, but it must 
' in tbe body of the Uiiicour!ye of the dc 
ndant. And tbe rttason i^ evident in all eases 
r slander* anil particularly in these of tria- 
ble uordti ; for how could Uie hcnrer under- 
I whofn the preacher meant* or be tiiat 
neonrsed so and so, and so be itiHuenced to 
ebellion* uuleaa he had nametl the perAon of 
I be spoke, as here, unless the fletendant 
■med tbe kinqf* to wbotn tbe wordii lie 
b should be referred? 
My lord, tbe treason of the words is in 
It trring up sedition and rebel li on ; and if then 
the words cannot tenuinate upon tlie king, 
and tlie hearers roul*! not collect that to be tbe 
intention of the flneakcr* these wordi» couiil not 
Inilueficf a people to rebeUiou und seiiition. 
And acGordipg to Ibis rule, I conceive tliat most 



of the ififiucndm in this iQcbctuictil ue ] 
warrantable. 

For, my lord* as to ihe first w^ 
Ibem in order, tboui^h I take ir, ttr 
moat reuiote mutter from thi 
yet lot us strike otf \hv^^ in- 
ahm^* if we can, T 
iSic, Ibe piK>p!c(ni' 
lord the ! ' 

cure tbr 

Here Iht in^, ,,f: 
in J? the suhj«*cts of ( 
hud never 1 
but tbe 
tbe Moril :, 
my lonl, i» als 
cndo ; and ii 



rh, with 
1 of a naughtji 
warnnt of 



etidcaTourmg to give an orig-inal certainty 
umfrtaio words ; which is more than ibe oS 
ot^ an innucrtth will allow or warrant. I i 
my lord, it always heara a bad face, irb 
woi" lear with ani/tnii(/)</o ; and f 

no vnn in the brcifuunfif ^^f 

but ■ ' 

to I 

Orih.'. i'.'i i> iiji.il li unniii-iw in- ll^rM in tii 

Populus iiuiy intend any people, it may tat 
the Fiench i>e*"il*^ *^"' VJng to the Fr 
(and he does I i^'s evil in Ih 

nmnner : na>, i to it* as a sole 

him* \ns predecessors^ and successpra ] 
only put that for an instance) j and 
innutndott if you observe tbem, anc «(f ' 
nature, Tbe words first appear without . 
light but what these ^upiKwitions givf 
and therefore, I say, they ai c to be raj^ 

Fiut now, my lord, 1 come to thai \ 
more paiitcular* ^ Nos babuimua nu 
*int: '• imul;' * We (me 

suli -) • hare had two i 

kiuj^. V ^ Cbarlfcitbe Fir 

tbia kiau TSow that we say is s 

If ether V I jewas no i^n^MiSm^ 

feingfs, TV or i^oci 

bad, befnj ■scours*:, f 

in^ to the olli ce o t a n j 
are lo be appliad. My hi i 

foL U* B. liaitbis case. 

John Jeames brings his action against A5c 
under Uutlech* tor speaking iU* 
words concerning bim to oneJoL 
*^ Uau|; limi (pr&edictum J<k 
innuendo) he is full of the ; 
the French pocks) I marvel ^ 
dictum Johunncm IlAnner in}i \% 

drink with him (prv*-'" " m. i. 
inniHtido) 1 will pi' 
pocks {innuendo the : , . i , . 
motion in an e^t of judgment^ it was ref»p|« 
by tJie court, that jn every action of thu 
for sbmder, two tbingh are re^juisite. Piij 
that llie {lenson vvbo is scandalised be 
S!iecondly* That the wortls spoken be app 
slduder. Tbe ufilce of an tnnueuJo ts to- 
sig^o the same person that has lieen nan 
fore : And is iii eflect, instead of 
But it camiot make the person certatti^ 
4 



its] 



I before. In the present case, it 
m enient that the pluntiflf did speak tbe 
earliof the defendant. But at to the secood 
iaf, it did DOC appear that the words spoken 
ii mean the French poeks ; and words are to 
heti^Hi in muiiori 



•Mich. 41. & 49 It!gin« £yz. en bank le 
Rtv, entre John Jeames pi. & Alex. Rut- 

Le jininiitRi ooniit que le defendant, ct un 





STATE TRIALS, 36 Charles II. i684^^ High Treaaw. [274 

And I humUy conceive this book is a most 
pregnant authority, that states the matter 
truly, with a judgment of law, and the reason 
of it; and all the books that come after this, 
borrow their light from what is laid down as 
the rule of law is in this case ; as there are an 
infinite number of them, which I shall not 
trouble your lordship with particnhuising ; 
only just to name some of them. 6 Co. SO 
Hob. 45. and 2 Cro. 136. wherein they say, 
that althoueb the plointifl'be particularly named 
by a special name; yet if the declaration ooaoea 
to name him in an action of the case for wordSf 
at the first appearance with an tnntiejic/o, then 
tlwt innuendo is void ; thougii his name be ex- 
pressl)r alledged in the very words, yet they 
will reject that innuendoy?^ not doing the pro- 
per office of an innuendo ; and that judgment 
shall be arrested, though the jury found that 
the puty spoke such words ; And this is upon 
the rule in 4 Co. before- mentioned. 

Now, mv lord, to Apply this rule in the 4th 
report, to the case before your lordship, we say 
there was no mention at all before ot any two 
kings ; nay, not of any king, in his discourse, 
to which the innuendo should refer ; and the 
innuendo being joined to tlie wonis first spoken, 
without any discourse laid concerning such a 
person, or averment to be spoken of such au 
one before, the innuendo cannot give any cer* 
tainty to that, which had no such original cer- 
tainty ; that bein^ against the otfice of an t/i- 
nucndOf and so is to he ivjcctcd. And the 
meaniDg of the books, aud of that great rule, 
which 1 first cited, is this, that the defendant 
must himself, in his discourse, first set up such 
a light about tlie words of the person concern- 
ing whom they are spoken, that the intention 
of the speaker may with case be collected; 
then comes the innuendo with a beck or a nod^ 
as it wei-e ; and that coUecrtion is to be the nulus, 
to shew who was meant ; but it is not sufficient 
to give an original certainty, where such a oer* 
tainty is not fixed before the innuendo comes. 
The defendant himKelf must set up such a 
light as will carry the intention to the end of 
the discoui-se. 

Then it is said. Duos iniquos Rega, in the 
])liiral number ; meaning the lute king Charles 
and lii*$ present majesty ; now king Cnarlea the 
first WBi^i never pretended to be mentioned be- 
fore ; why then, according to that rule, as to 
liiiu the in/iutnJo signifies nothing at all ; and 
then it must be taken in eoumiun undcrstanil- 
ing, * We have now liatl two w iekeil kingys to- 
ifi'tber,' innuendo^ <»ur s(»vereiijn loid the king 
that now is, agiiinst whom the trc :im>!i must he 
sail! to be connnitttrd : btit tliis i*; mmv harsh, 
and inst-nsible, autl iiii)H>ssihle ; ii is irjish, in 



vw. wiMHK^ *Z*°^ eonierenoe de le plaintiffe , 
U drfwdinl .dii. plaintifie al dit John Bonner 
* huig him* (pnadictum Johan- 
iDDnendo) ' he is full of the pocks' 
the French pocks) * I manraile that 
i^mf (pnedictum Johannem Bonner innuendo) 
■i0ea&' [Bl * or drink with him' (praedictum 
MMneni Jleenaes innueodo), I will prove 
to he ii full of the pocks (innuendo the 
fflMKhpodss). Le defendant plead non cul- 
|tfr, ct fait troTe.pur le plaintifie, et damages 
■Hw: Et luit move en arrest de judgment 

eki ditB perob oe fueronc actionable. Kt 
lHBlfe<|iieenGhescun action sur le case 
ClMdcnma perob, deux choees sontreqni- 
1. One le penon qui est scandalize soit 
Mmu t. Que le scandal soit apparent per 
In f i l i mennes. Et pur oeo si un dit 
D precedent communication, que 
eiits de J. S. (il ayant divers) est 
Fekm on IVaitor, &e. icy pur le 
nnul action ^t; et un 
■e poit iaire ceo certain : Issuit si 
iment : > 1 know one near about 
e nolorions thief,' ou tiels sem- 
i qoent le person est un soit nosme 
. come si d^x parlant ensemble dc 
JlClWdit. « He is a notorious thief:' La 
JlftiB wm ooant poit monstre que la fuit par- 
Jmi ie ley entre les deux, etque ]*un lUt de 
*iy: * He* (innuendo pratedictum 1. 8.) ' is a 
^MainB thief.* Car le office de un innuendo, 
ete^eHteincr et designer mesme le person 

S'bI Boame en certain devant : et en effect 
eafieu de un (pnedict') mes un (innuendo) 
SipiiCftire person certain que fuit incertain 
ilMt: Car aerrk inconvenient que actions 
^ Jpim — intnine per imagination d'un entent 
[•KpRi^A^appicrt per les parols sur que Taction 
, mce est tout incertain et subject al 
ooniecture: Mes si un dit aJ. S. 
art a Traitor,' fire, la ' constat de Per- 
et action gist : Issint icy en le case al 
leant le defendant et Bonner ad par- 
4m pi' donques quant le defendant dit 
him :' La (innuendo) voyle denote 
lepertOQ nosme devuunt : Mes si le de- 
■uins ascan parbnce del plaintiffe ad 
* knag him,' &c. la nul innuemlo vo\ le 
fieile person certain. Quant al 'i. si coine 
^^mim) ne poit faire le person certain que 
mMaia oevant, issint un (innuendo) ne 
kvkeiatlcr on sence des psmds inesines : 
•nt le defendant en le case a I 
intiiie ; « That he was full of 
~e the French |iocks) 



m 9m qoant 

.Ad ilainti 

PMkiJCmii 



cest * iniuientlo,' ne fliit son prnp-.c ofiice, car 
ci'«) eonieude a exleiulcr a les iri^ncrul puruls, 
' rhe poeks,' ale * French iMieks,' |ter imagi- 
nation d*ini I'litfiit ijiie nc'st apiuirent per 
aseun precedent paioU, a que Ic ' iumieudo' re 
ferrer; Lt les parols me;iiucs secra prise Mn 
* mitiori sensu.' 
T 



975 J STATE TRIALS, 36 Charles II. i6si.~TMl o/Thomat RMtwell, 



a]| respects, both of grammar, and reason, and 
law ; It is insensible, because it is im|io6Stble ; 
and it is impossible because you must else 
make two kin^ to be one, or one kiii^ to be 
two, and tbc innuendo must serve both ways ; 
which, I believe, your lordsbip will hardly un- 
dertake to do. 

And besides, my lord, there is another incon- 
sistency in these words, * knbuimus nunCy^ 
that's contradictory ; hubuimus refei-s to the 
time past, and draw^ one way ; nunc to the 
time present, and draws another way: and 
when there are such inconsistencies anil inco- 
herences, how can any man make a judopiuent 
in this case, where the lite of a man e8[iecially 
u concerned? 

But, my lonl, if huhnimus he tliat which he- 
ingf first shall take pUce, then these words 
reTer to any two kings thnt wc have h?.d, under 
whom Poper}' hath been let in ; and so we must 
run back i'rom Ilarrv the 8th, up to the con- 
quest, nay, Iteycmd the conquest, tn»the Saxons 
and other former kings, to the first that estah- 
lishcil the Christian relipon, which was then 
aubjec^t to the Papacy. And it will he hard to 
construe them wicked kings for m doing at 
that time; as any man's reading, thai knows 
any thine of tlie^ history of Kngland, will ea- 
sily tell Tiim. So that' it is unintcnigible and 
insensible, e\'cn that way ; and, to be sure, if it 
be 80, that we luive had two wicked kings toge- 
ther, refoning so far back, it cannot at all con • 
cem the present king. 

My lord, I shall be short: I only stale these 
things beinre yoii, and ivcoinniviid them to 
your lordship's fousi<lcna1i"ii. Theu vume 
these words, which ii seems nrc most i-elicd 
uiwn. ♦ If they would stan«l to their prinriplcs, 

* he did not ♦piestion, but thoy should be aide 

* Inimicos suos vinren-,' hmnvniio the kin;: :ind 
the government. Tliis is iho niosl insf nsibl.*. 
as I apprehend, of all ; and it is iti th;* fatal!* ".; 
part, it being there that the trcai»on must li>-, 
if there be any. Now, my lonl, \\q tivst s»a^ , 
there is no mention at all of any enemies 
throughout all the words pretcdt-Kl ; there is 
DO averment that the king was enemy to any 



My lord, I ^hall cite no books more 
have done. I humbly' conceive, that ] 
that great rule in the book 1 first men 
and the reason of the thing together, > 
subsequent authorities that I have citec 
they stand so fair antl clear to avoid this 
ment, that to tiouble yoiur lordship i 
were to embroil the case ; therefore 
say no more out (vf tlic books. Rut t 
is a firm, rrasonablc, undeniable nde, 
must rule all cast's that come under tl 
son of it. .4nd I never heard tliat bo 
ever contradicted ; but all subsequent 
ments were agreeable thereunto. 

Just. Withim. U'liat folio is it, Mr. \ 
in the 4th Rep. ? 

Mr. Wallop, Folio 17. B. 

Just. Hollozcaif. It is 's Case, h 

Mr. Wal/op. Yes, Sir. My k)rd, 
stripped the words of the innncndos. 
will not, I am sure, put, nor can an in 
put such a violence or force upon wore 
make them treason, when in tliemselvi 
have no such meaning. Innuifndos 
follow the meaning of the wonis as the; 
the reconi, and not to draw the meaning 
wonlsaiW the innuendo; for you wi 
(especially in case of life) press worda, o 
them to speak more than willingly the^^ 
or intend. It is not the practice of the* 
to do, to make any such stretches, 
niniis emungit, elicit sanguinem,* 1 
wrings the nose too hard, will draw ibrtl 
that is the rule of thai great lawyer, i 
Coke, who applies that saying to th< 
straining of words; l>eyond what in tliei 
they naturally and easily will bear. A 
plu::) that God is not well pleasod wi 
emupctions : n.'»r iJors the lew of the 
all allow it. hut ahsoluiely Ibrhids it, 
!:iw orKn-rhud spoaiis thus, • Indubii 
, n^rnlilKiv;, l>enignior senPU9 est prsfei 
i in all duinous, unco'.iain, and genera' 
tliomost hcni^'u and candid inteqtretati 
I l)o taken: so that if there should be 
about ill r\sc vords. what si;nse they b< 
it that the king was enemy to any ' in, the law of Ku;'!and do?s injoin yo 
body, or any bod3^ to him : and there fore the ■ ship to ta\r \\io \vl\y iUm Wffi on the ngl 



innuendo^ for this reason, is to bi i>(y^(:i;.'d ; and 

the rather, in that il unLkcs the king and his 

subjects to be enemies one toimotlipr; vihioh i 

is an imputation that ought not to he aiiiniited ; ! 

and. I dan' suy, will not be hy your lordship. 

Therefore, in this ease, to put'sucli a sense in . 

such a weighty matter, beiug u nsattcT (.f fact, '■ 

upon such uncerlaiuticsi, witiirtut an\ further I 

averment of the intention and ni< aning of the 

speaker to be so and so, and without an\ thing 

hut such innttendotj is very hurd : tor n(>\r ! 

pcrluips tl.ejur\ only from this innuendo v. t-vc I 

pcrsy.uicd that* all tlicnko things pointed n|Km I 

the king and the govcrinnent ; and dil tidvC it 1 

that the lav/ was tm ; that the ivords intendetl ; 

us much : then do they give their verdict of a ' 

luattf 1 that was never aVerred, and tor want of I 

an avcrnifnt could no^er be put in issue, so ' ^ 

tliat the parly could hare a trial, whether he ^ iiou of the Vase 

were guilty as iliu indicliueut sa) <» 



and iiiuko tl: > most j'.i« ourihie const 
that can he ot iljciu. We ..■ly ihon the 
as [ coi^coi^c, siariiliii-,'' qniu; othcrui 
wiih(»ut \\ic tn.njendi, an- insensible, 
nncovtain, to nhat t'.i\ shoidd lu> ap| 
to whom : and iIkm) it thoic >«hoidd be ) 
though indirnd in one respect I ihink 
non*^, \etif th«>re should remain a doul 
your lordshi|) iiud the court are to ta 
vJtich is iiii- uKtst !iiild and grntit: May 
biruingthcM' words. 

My lord, 1 hhall not trouble your 1 
fin-tlicr in th:> matter, tor I think it is 
its own ligiii. and those tew touches 
li:ivc i!fi^rn of that gcneial rule, Lsap 
th.r praliculnr case iKfiirc yourlordsh: 
I dn r;i qutsti<;n, but they \vi!l be ap] 
ycui lordship and the court in their oo 
therefore 1 Ia3' it 



STATE TRIALS, 36 Charles II. 1684..— /or High Treaaom. [21S' 



»'• ftet, •nd hoRibly pray, that the 
Bt BMv be armted. 

'oMeWen. M y loni, T am assiffnetl hv 
1 tube of couiiS4'I for Mr. Roscwcll, 
mer at the bar, ami therefore humbly 
our k»rdsbtp would please to spare me a 
tbe same side with Mr. Wallop. The 
It is, this part of the indictment, hath 
I, aocordiiiff to what our information 
hy Mr. iVallop; hut lKN:ause there 
! many words in the inrlictment, and 
e ao, aonic of a higher nature than 
Acft fe r e I hes^ leave to put the words 

Las they lie, and 1 shall endeavour, 
istfioD to your lonlship, to shew what 
re in themselves treason, and what are 
■m, thoagh they may be a great mis- 
oar, and highly punishable by the law 
the court. 

Mnd, thoufE^ the statute of the 25 Kdw. 
provide that for the convicting of any 
WDy there shall be an overt-act,' yet I do 
I, nor <lo I think, but that tliere may l»c 
bat are an overt- act, and consequeutly 
, within that statute; but then what 
worJs these are, is that which 1 would 
^ afler to your lonlship to discourse of: 
' bml, it plainly appears that words in 
btiy that are very evil and wicked, 
Mt tnaaon, nor ore to lie punished by 
f Aat statute of the U5 Kdw. 3. As in 
^117. and iUr,. iU}^\\ Pine's case. '^ 

£ there spoken by I'liie arc most evil 
I wordi, yd by all the judg-es of 
jfttkay are am'ecd niit to be treasnii. 
t^itlf hnrti, iora furtlicr determination 
IjpiiM^wbat ^\o^d:i:l^c treason, and uhat 
fv ae leave to inc-.itiun the statute of IS 
^vfiich 1 uiiilerMund to be the statute 
vbich the prisoner is indicted, and the 
of that .statute : lor the tirst 
is treason, aud the second 
mat treason, but only misdemeanour: 
M second brunch ol' the statute says, 
any person siinll maliciously and ad- 
' foUiih or alHiin the kin^ to l>e an 
tar a papist; or timt he endeavours to 
IBS Popery, or maliciously and advisedly 
tfa^y printiui;, pix'achin:<^, or expressly 
Bg, publish uitcr, ordcL'laru any words, 
an, or other thin^rs, to stir uo the pcoph; 
icdor dislike of the kiti^'s pi'rsou, or tho 
itei government ; then he is disabled to 
Vcurcisc any piuce or utfice, civil or 
y,aod be liable t<» ^uctl further punLsh- 
aa by the comiuun luw^ oc statutes may 
Ukti in such casos ; by wliicdi, I take 
>f sning to be Hue and imprisonment, 
1^ poniihmeut ; but not the punishment 
kttppaiated to th.; judgment of high-trca- 
fMKofliibor membLT. 

My lord, I humbly crave your 
(jadgment whether this shall be per- 
Mllie ooiiDsel slioidd enter into such 
mi'wm ikm. The question, 1 take it, 



fjpL 1^ f. 9M| of this CoUectioD. 



that your lordship appointed to be 'spoke to, is, 
whether this indictment as to ibrm be sufficient 
tor your lordship to i^ivc judgment upon ? But 
Mr. Pfdlexfen is yfoin&f into that which is a 
far ^eatcr point; whether these words ab- 
stracted from all their innuendo are treason, 
or no ? My lord, the piisoner did not move 
that in arrest of jud$:^ent; and" whether voiir 
iords!iip expects any such thing shoulil be 
spoken unto, that was not moved "or stirred by • 
him, I must submit it to you. The jury found 
that these words were spoken with an intent to 
depose tbe king. ^Vhether that your lordship 
will permit it to be argued, whether such words 
are tn-ason in their own nature, is of quite ano- 
ther consideration. 

Mr. Fu//t.r/t/i. Good Mr. Attorney, Pray 
spare us. \Vecome to shew that if in their 
nature they import not matter of treason, then 
the innncndos cannot help them, so as to- . 
make tre<ison of them. 

Att. Gen. Tndy, my lord, I did not un- 
derstanil that it was your lordship's pleasure 
the counsel should have liberty to argue any 
such thing, as whether the words be treason, 
Iming found to be spoken with such an inten- 
tion ; but whether these innuendos have suf- 
ficiently lieen laid to maintain the indictment in 
point of form. 

Mr. iW/cM/t/i. If 3'ou leave out the words 
imnicndo'd, then sure we may s[)eak to the 
words themselves. 

L. C. J. I Milk yon, 5Ir. Attorney, either 
you mistake Mr. Pollexfcn, or I do : For I take 
It, that he is entering into the consideration of 
these words as they arc laid in the indictment ; 
that are uncertainly laid, so as that they will 
not support an indictment of ti*eason. 

All. Ocn. My lord, he is arguing, that if 
tlu^y «ere spoken of the king, yet they woul(i 
not be treason. 

L, C.J. Mill ho say so? 1 dare say, be 
vi!l not. 

Alt, (Jen. He is arguing upon the statute, 
what words are treason, though spoken of the 
king, and wliat not ; \\hicli i take it, is not the 
question now. 

Sol. Ucn. My lord, we humbly offer it to 
your lordship, whether it be according to your 
lordshipVs rule and intestion, that he was to 
argue wluihcr the woi-ds were treason ; or 
only whether the form of the indictment, as to 
liie inr.ucntioSf was good and suiticicnt. 

/.. C. J. 'J'aking the words to be sufHciently 
set forth in the indictment, and found by the 
jury to be spoken of the king, esi)ecially the 
last words: Do you think we would suffer 
that question to be debate<l, whether they were 
treason or noli' Ciod forbid. 1 will not sit 
here to hear that ipicstion at all so uuich as 
made or put, Pll assure you. 1 took him not to 
argue at ail any thing that way. 

Mr. Po/Zci/trt. Pray, my lord, hear me; 
I am going' only to this; for 1 would not 
offer any thing 'bc^yond what is lit for me to 
offer, and for the court to hear : But this we 
say, that the words, the effective wor^ki, are wi 

4: 



t79] STATE TRIALS, 86 Chables IL l6M.--Trial ^ Thomoi Roumdlj [2M 

80 siifficieotly laid in this indictment, as to 
make tbcm amount to treason, I am only 
going to that. 

L, C. J. Ay ; that in the stiiisrinip ]iart of 
the iiuestion, :uul su 1 understood aim before. 

Mr. FoUerftn. My lonl, I only mentioned 
thatiof the statute, that there were two sorts of 
words there taken notice of; to shew that I 
thoii^t these wurds were nut within that branch 
that is said to lie trt-ason. 

L, C. J. Well, jfo on. 

Mr. Folic rfin. I will keep myself to the 
first clause of the statute ; for what I mean, is ; 
this, Tluit if these words come not witliin that ! 
fuvt branch, which niak^ the treason, then ! 
^our lonlship rannot {^ive judji^'ment upon tliis ! 
mdictment. For thoufrh, my lord, it may be ' 
these words are extniordiiiary ill, and being ; 
spoken or preached, may have an ill sense ur 
meaning with them ; yet I would observe to 
your lordship, there are other penalties and 

Suuishments provided for some sort of words, 
lan there are for others. 

But then, my loni, let us consider the words 
of the first branch of this statute. If so be any 
person does com[)ass the death, or bodily re- 
straint, or other harm to the king's person, 
or to deprive the king, or levy war against the 
king, &c. and this compassing and imagina- 
tion does express by printing, writing, preach- 
ing, or malicious and advised speaking, they 
chall suffer judgment of high- treason. Now 
tfien, all that I would come to, is this, that this 
same treasonable printing, writing, prcac^hing, 
or speaking, must be of such words as shall 
intend the death, bodily hurt, restraint, or im- 
prisonment of the king's person, or levying of 
war. 

My lord, having said this, the next thing is 
to come to the words themselves, and to take 
thcui as they are in themselves, without the 
innucndosy and see what the natural sense of 
them will be : And we will take them in the 
natural order as thov are laid in the very in- 
dictment, and found by the jury. 

The first passage of them is, * quod Po- 

< pulus,* i^c. (meauing the neojik* of Hngland, 

* the subjects of our lord the king) ^ made a 

* flocking to the king (meaning our said lonl 

< the king that now is) to cure the king's evil, I 
f which lie could not do ; hut we ^re they to 

* whom they should come, being Priests and • 
f Prophets, that by our |>rayers can heal the ' 
« griefs of the people.' N(»w, my lord, with 
humble submissHm, it is plaiii that as to these 
words, they have not in theiuselves any ten- 
dency to treason at all, whatsoever rejection 
they may m^ke upon tlie king ; they are the 
wonUof a priest niagnilying i.is own oiKce, 
and his power with God *Ahiii«;lity ; hut they 
do not come up (I tliink; to this crime, ibr 
which the prisoner at the bar stands accused. 

Then the next wunis tliat follow, are these, 

* Nos habuinius nunc duos iniquos R* gcs 

* insimul, qui i»eriuisenint Homanaiu super- 

* stitionem intrare in eorum cons)>ectu, Jkc. and 

* who oaa be likenad to none but wicked Je- 



* roboam.' My lord, these, I do acknowledn 
are very wicked and bad words, espcdiulj 
if they must be applied, as the indictment bu 
set them forth, to the itte king, and his prs* 
sent majesty : Yet these very words (under 
i'avour) will not amount to the charge of bicli 
treason. 'Vhcy deserre very severe puniu- 
ment ; but they seem not to conoe up to soy 
thin^ of an intention, or compassing, or » 
signing the death, bodily hurt, or imprison- 
ment of the king ; or the lerying war s({^nil 
him. This I speak, my knd, with submiMoni 
and 1 believe your lordship may be of the saon 
mind. 

But then, my lord, the next wor^ that 
follow, are the words (1 suppose) that are rdiad 
upon, to make out this accusation ; * Quod si 

* ipsi starent ad fundamentalia, ipse 

< timebat, dkc. That they should eve 
' their enemies, as in former times, with i 

< horns, broken platters, and a stone in a sliiy.' 
These, my lord, seem to be the words in wkidl 
the crime consists. Now, my lord, if tbcN* 
words in themselves are so uncertain, or aadi 
as do not tend or relate to the present kij|y, ar 
the present government, to stir up seditMin ar 
rebellion against them, then they will noi bt 
treason, because they do not so reute. 

Now, my lord, these words, if you take thai 
alone without the former clause,^ Noa baW- 

< mus nunc duos iuiquos Rem insimul,' te, 
closed with the innuendo^ Uiat he meant fim 
late! 
can 

government, 
art. Which way can it bef 'If they 

* stand to their principles, they should ofai* 
' come their enemies:* How can thev be i»» 
tended to be meant of the king, and nialoval 
subjects ? Then let us consifler the words tw 
go nfoi-e, whether they will help any thing tr 
no ; ' habuinius nunc duos iniquos Regea ia^ 

* biinul'. These words of themselrea, atii^ar 
the innuendo, do not express what two knfB 
are infant by them. If you take the wwii 
strictly, that' * We have had two kin^ avw 
togeilier, insimul,' as the word signiQca^ i| 
must l»c iwo kings at one and the same liflM; 
But take it in the English phrase (as perbuA 
thoy would ha%e it turned into English), « Wm' 

* have luul now two wicked kings tOKethart^ 
(meaning the late blessed martyr, and Eia now 
majesty), then it must be, we* have had imw 
two kings successively ; but it is a 
thing to render such Latin into such £ng 
wluch s<>eins to he, in the nature of the i 
theinseh os, such as will bear no such senaa ac 
construction as thqt. And then, the ' qui papt 

* iniserunt Romanam superstitionem intraie \^ 

* eorum cnnspectu ;* if the first words do Ml 
in themKelves exprfss what kings were maaai^ 
these words that follow can gi\c no manMrfl 
certainty to them at all : For here is nal ft 
much as any innuendo; nor can the 
that follow them * (qui assimilari poasiiut,' ^ 
which can be likened to none but wicked Ja 
boam) in any sort, shew iny ^:ertfunlv |q \ 



lea witn tne tnnucnao^ inax ne means ma 
\ king, and this, 1 see not possibly how thqf 
1 be said to relate to the present king aai* 
ernraent, to make them treason within ihii 
. Which wa\ can it be ? 'If they wwU 



STATE TBIALS^ S6 Cicahles U. 1684.— /w* High TrmM. 



[98S 



lOB to be tppUed, or Ofliitnte whom 

r tint which is the next claii8e» if the 
k of ell; 'Scduipsistarentadfiui' 
J &€.' * Ipi* in all ordinary con- 
in of epeech lo all language, being 
lA to the former words (and so I thiqjc 
le ia the grammar is and will be read by 
eaaoBaUe person that reads) must refer 
Best aateoedeat. And then, who are 
hit are last spoken ofP It must be the 
ached kings, let them be who they will, 
rare meant by those wicked kings ; for 
is no other person that does intervene, as 
B ef, to whom they should be referred, 
■mer words are spoken in the first per- 
■d pkirmi number : We have had, speak- 
the Dame of himself, and they that were 
riitors, and then to come with iDfi, after 
I MBtioned two kings, who h^ suffered 
!y to eome in, and were to be likened to 
changes the form of the whole 



diotment has not pursued them, hat has 
of that, to be quite 




L It sbonid seem, according as it is 
i the indiisCment, to run thus, and then I 
i |— f lordship to consider the sense and 
■vef them ; ' We had now two wicked 
pstagwilifi, who have soflfered Popery to 
n nnder their noses, we cannot compare 
■to any but widced Jeroboam : And if 
^vaaklatand to their principles, then he 
ht but they shonkl ovei-conie their 
I in former times, 6cc.' Why then, 
" ^ to qprammar, and ordinary 
a relative, must refer to that 
i before, there is notlitng in all 
ihdorc, but. We, tliat is, lie and 
|i|iblhat iM^ni him, and the two kings 
nbifeke cd'; and the two kings being last 
bi(itmii&t ill ali grammar, I say, and 
^Ae anderstood of the kings. Then let 
1^ what sense we can make of it; 'We 
mhsd two wicked kings, that have per- 
jtol popery under their iiuses, that they 
ite compared to none but wicked Jero- 
■ : and if they stand to their principles, 
M not fear but they (the kin^s) should 
HMse tlieir enemies.* In all onliuary and 
toduming, I cannot see how tliey can 
li^ hot the ipii must retier to the regett ; 
ihin * £orum fumhitiiontaliic, ipfwrum 

a* if you take these wonis, as they do 
if they have any sense or meaning at 
etfMm, this is the profier and natural sense 
■nniiig of them. 
^Mia pretty hard to apply the *• Nos ha- 

fc.nnnc du(n» iniquos lieges,' to the 
•tarent ad fundamenuiia.' lu all 
f be spoke it thiis, if it continued on 
e, which I can say nothing to, 
speak to the words as they arc 
r indictment, < And if we do but stand 
, I do not doubt but we shall 
r enemies as formerly,' &c. But 
I of ihe person, and, according 
l4»nstnictioo, we know bow 
The other seems to be 
fof the words; but the in- 




them wstead oi uhm, &v uc 4UU0 uwum.hot., ■ 
nosing them to have been spoken as the juiy 
nave foimd them. 

But, my k>rd, if they do not well bear that 
sense, which I think they sbuidd properly ami 
naturally hear, if they had been right laid, the 
question then, whether we can make these 
words, as they are laid, to bear any such sense^ 
as the king's counsel, by their innuendoi^ 
have placed upon them ? that is, if they, 
meaning his auditors ; < should stand to their 

* principles, then* thev should overcome their 

* enemies,' meaning toe king and his loyal sub> 
jectS. Truly, my lord, I cannot see how that 
can be, how ip$i should be me ; I and mine 
auditors should stand to their principles. 

But setting that aside, come we then to the 
main words. « He did not fear but thay shouM 
overcome their enemies.' The gvM force of 
these words lies in the word enemies. What 
is meant by enemies? For all the rest without 
that, would not signify any grest matter, with 
submission to your lofidship, as I think : And 
therefore here cornea the great harden, and 
that which is the sharp sting of all this indict- 
ment. And to make enemies to signify the 
king and his subjects, my lord, is a very won* 
dcrful innuendo, as 1 believe ever wss attempt- 
ed to be made. So it seems to me, with submis- 
sion to your lordship ; the word enemies itself ii 
a word of so large comprehension, that it reaches 
to a great part of the world. God knowa, man- 
kind is so very uubappy, as that every one 
hath very many, and too many enemies. Who 
is not anenemy f A man scarce knows ; it is 
well if he does. And this is a thing that'a 
mighty hard, that so general a won! should 
have so heinous a particular application. 

There then rests the buruen of the case, 
whether inimico$ should signify the king and 
his loyal subjects. If in the natural grammar 
the former words of *• Ipsi starent ad funda- 
*• mentalia,' be, as I have shewn, to be referred 
to the duos Reges as the last antecedent, then it 
inuKt mean, thst the duo» Reges would over- 
come their enemies, and then there is no hurt 
in all theiie words, but whatsoever was spoken 
is very commendable, and very allowable: 
But if you would take it otherwise, 1 see not 
how it c*an be done without the greatest strain 
in the world of so general a word, to make 
mimicos mean the king and his subjects. 

Now, my lord, let us see how they intend to 
help it out, and tliat is, by these mnueudet^ 
The nature of an innuendo bath been already 
opened to your lordship by Mr. Wallop. I 
shall not repeat sny tiling of that which was 
said before, for that 1 cannot take to be any 
service to the prisoner st the bar, to take up 
your lordship's time in repetitionR. The hooka 
have been cited, and reason itself will direct to 
that ; for must ni»t a man be convicted by hia 
own words, as well as punished for them f It 
is not, sure, the skill of the dork to put in an 
innuendo^ or of any one else, that shall be eon- 
struedto make my words tu hafo any other 



S8S] STATE TRIALS, ^6 Cuarlbs II. 1684.— Ti-ta/ of Thmuu kosewcli, [S8^ 

seiuie, than I that spake them intended them in. 
If the words are not clear, why then tliey can- 
not affect the auditory, so as to have any evil 
influence upon them, to incite tlicni to sedition 
or rebellion; for sensible words must influence 
sensible men: But words that arc insensible, 
can have no influence at all upon rational crea- 
tures. «Then shall an innuendo make that an 
offence, without \s hich it was not an offence ; es- 
pecially so ffteat an oflcnce, as that ot* high- 
treason? Surely not. 

Besides, my lord, all our books are against 
making any such construction. Unll's Abr. 
1. part 84. There is a whole b«»d-roll of them 
to prove, tliat innuendas will not help, where 
the words in themselves have any inocrtainty 
in them. The bare setting down the words 
with innuendos are not an averment sufficient 
to maintain an action, or an iudi(*tment. The 
cases there urc indeed upon actions of the case 
for wonis, which in reason are under the same 
rule. 

For, my lord, there are two ways to apply 
words that are uncertain, to bring out the true 
intent and meaning of tiiem, to \f horn they 
are to be applied ; the one is by a colloquium 
precedent, and where there is a colloquium 
preoedcut of such matter as will lead in the 
ause of the words, which iiithout it were not 
to be understood, thcrp the laying that coilo- 
quium makes the wonls rnnic to be sensible, 
and there is thij» reason for it, whenever that is 
done, the colloquium uaist i*oine in evidence, 
and must be proved : But I never yet know an 
innuejidoolfeved (o be proved. AnolIuT way is 
this, where* \vori!.> 'jlvv. i'.iid in a drclaratiuti with 
an averment pre cetlcnt to he spoken of sneli a 
person, then the woids, uiili an intmcudo afu'r 
that averment, ^hc^v stitliciently what Ls meant 
by them. If so be soaudaloiis words are spo- 
ken, as to say, ''Thy landlord, your brotlier, 

* your mastor, \oiir servant, your son, is a 

* tliief,* or tile !il;e : In these cases the words 
in themselves do not express the man of whom 
the scandal is raised, but they give such a de- 
nomination of the man, that may by the hearers 
he siiflicienily known. >Vliy then, in that 
case, if in the declaration it is averred that the 
plaintjtt was his lanillord, was his brother, was 
his master, was his servant, was his son, anil 
that thesif words ^\ore spoken of him, aiid 
tliereby it comes fh be made apparent to the 
court what is meant, and who is meant, thai is 
well, and all tiiat nnistl>e ]iroved to the court 
upon evidt ace, or the aciion cannot be main- 
tained, by such means as this it is made plain 
and demonstrable, tbat there can no doubt re- 
main, either v. ith the court or the jury, to whom 
the injury is done, and of whom the scandal is 
uttered. And these are the only two wa\s 
tliat ever I could observe were allowed to be 
suiiieienc to maintain any such action : And 
there the inuutudo comes very properly in to as- 
siiil the averment, or the colloquium. 

But now, my lord, here in this case, here is 
nothing of that kind, but only a bare innuendo 
that such and such were moBBt, without either 



a colloquium that there was a discourse coD' 
cerning such and such persons, or an aremiMit 
that the words were spoken of the persons. 

,My lord, I cannot tell what precedents they 
willofler to vour lordship of former or latter' 
times. We nave had but very little time to 
loi^k into it, and have not that recou rse to the pre- 
cedents on the crown's aide that the kuig*! 
counsel have. But, my lord, for precedenli 
that may have past sub silcntio ; witnout hiT* 
ing the question stirred, I suppose, will not 
be allowed by your lordship, and the court as 

Erecedcnts against as. But 1 think there will 
e no instance given, wherever any such 
thing cams in question, that ever jadgnMBf 
was given against the defendant. 

My lord, this seems to be the sense and na- 
ture of the words as they are laid in this k* 
didment, stript of the innuendoi, and jovr 
lordship knows what a case we have now be- 
fore you. We are in the case of the life of » 
man, which is much favoured in law, and if 
there beany doubt or uncertainty, your lord- 
ship will lean rather towards the isTOurabl* 
side ; and if, according to tlie rules of knr, 
words to make men criminal shall not ho 
strained, or forced beyond their plain, natani 
meaning, sure they shall not to make a nun 
capitally so : For the greater the crime n, th^ 
greater consideration the court will hoYO to tee 
tnat there be no strained, forced constmctioM 
to bring the life of a man in danger : And 
therefore 1 humbly pray that judgment mj 
be arrested. 

Alt. Gen. Alay it please yonr lordship f 
am of eounsi>l in this ease for the king : and 
notuitiisiauding any thing that has been laid. 
I do conceive, that there is high-treason wdl. 
alledged in this indictment, of which the pri- 



soner is fuund guilty against whom I 
niand your judgment. 3Iy lord, there is agieal 
diirc.-x'iioe in this matter ; that is, whethct 
the words nrc treason, as they were spoken If 
him, Kud whether or no this treason, admitlaitf 
it to bo trea<;on, be well disclosed by this iih 
dictmcnl - For, my loni, I think to preach md 
public BS^einbly, that ' we have had tiNi 

* wicked knv^s togetiier, who have pennitlii 

* Po|iery to ttome uadcT their noses,' and thM 
{ to go on with it to * Stand to their principleiP 
' (for so the wv)r(b are laid in this indictrnM^ 

* and they should overcome their enemies li 
^in tbrmer times, »ith rams-homs, brokM 

* |datters, and a stone in a sling,' is a 
high aggravjition of sttch words. And, 
lord, if you re.iicmher the evidence, as I 
not you do, it was all spoken in a publio •#• 
sem'bly, before 4 or 500 people, and they 
spoken without any words intervening r 
soever. These \\ ere the only words that 
spoken relating to this matter : So that 
mubt carry their own pregnant sense with thev 
of exciting the people to stand to tlietr an' 
against the wicked kings, or else they ara 
no signilicatlon. And thns they are laid m 4 
indictment, and fonnd by the jury to be opahk 
positively to stir op the people against tfiaki%r 



STATE TRIALS. 36 Charles IL l684^/or High Trmon. 



[386 



cat him, and to nue rebellion within the 
on. This, I say, is positively afQrmed, 
id dMm in the indictment. *But, now, 
icr or DO these words arc in point of ibrra 
I, tint the court must understand tliem 
dation to the ktn^ and government, and 
■igomait to st'u: up the people, is the 
m I . For if they be so, then they are well 
laop'port this conviclion of treason. 
vlorlbaC,my lord, I would only first 
bey must either import treason in them- 
« or they do not If they do import trca- 
I rhriiiiiliiiii, no addition of the person 
raio^ whom tliey were spoken, as that 
pcre spoken of the kinff, will mend the 
or make it better. Though it be laid 
■I much to be spoken of the kinff, and 
e Bcrer m> much averred, yet if it he not 
a to disturb the government, or to raise 
Ml and insurrection, tlie adding a thou- 
imea that it was spoken * de Domino 
Se^' vouhl not avail. They confess they 
■• pracedents to produce, and I believe 
Ihej have not : And so they only go by 
€ migunnent, taken from actions upon the 
br wards : Whereas there is a great dis- 
f m die case between actions of the case 
■ii^ and informations or indictments tor 
I Art are criminal or capital ; and I know 

£*il look into the precedents that are in 
ihe entries, and m the reports of in- 
ptfm or indictments, they will find it is 

amwtry seldom, or rarefy done, it being 
^maa to no purpose, or as perfect sur- 
ip^HbTthat such or such a thing was 
lHbk^1leI>Draino Rege dc GubeniRtione.' 
Ihflmaal cases, and not capital, it is com- 
l^tfl^ of which tliere are multitudes of 
■■i: That such a one lieing of an ill 
^li fMe oommotion in the kiiu^om, and 



^mUotky sfioke these and these words. 
pM the constant form in your lordship's 
lordship can remember in the 
\ that were, or the indictmeats of 
H that had spoken words relating to the 
^if York. I can remember when your 
H^ wed to say, * Never consult me, but 
nr the ancient prrcL'diMits,* which I dare 
rtribe to say are all thus, and so I shall 
p.lgr and hy, it has U'cn in indictments of 
n: And though, perhaps, one or two 
H at any time be otherwise <lrawn (nf 
kjct we can find none), yet, this hath ! 
Mbaeooatant form i'or any tbing that I can 

eit kof very great consccjucnce to say 
m 9i day, that what has for hundreds 
■mtaselher been the constant practice, 
'Wf^ Jf indictments and informations, is 
|ppi^ it were to turn all things topsy turvy, 
MMhr jgieat confusion in prosccmtioiis, 
■anmclMae of the law, in criminal mat- 
haB therefore shew your lordship that 
'i a certainty as the taw does require 
" 1 that the words 

must have 
I down in the in- 
HiliBelhBgelse. 



WmXty practised, and thai 
bwva such, tliat they 
rwhat we have laid down 



But then they do lay down ^is fbr aground, 
which I think I may grant them veiy easily, 
and yet it will signify nothing to what th^ 
mean ; I would wipe ott* all these innuendoSf 
leave diem out of the case, for 1 never expect 
any heJp from them at all ; and then 1 do 
agree that an innuendo^ without a strong, ur- 
gent averment that the people which hear the 
words spoke, and the court that are to pass 
judgment upon them, shall say forcibly ap- 
pears from the words 'themselves, who was 
meant, aiid what was meant, will not support 
the indictment, nor has the verdict tbrtitied it 
at all. 

But they tell you in actions of the case^ if 
John-a-Stilcs be*^ called a bankrupt, if he will 
bring an action against the party that spoke 
these words, he must aver andamrm, that they 
were spoken * dc Querente,' of that particular 
person that doth bring the action ; and so it is, 
the law is so, and the reason's plain, because 
there are many John-a-Stiles's perhaps, and 
the plaintiff that brings the action is but one ; 
and therefore, if he does not shew that the dis- 
course was of that John-a-Stiles, who brings 
the action, it is uncertain who was meant, and 
cannot be supported by a bare innuendo. But 
I take it in these cases, wherever the prece- 
dent averment is necessary, there must be a 
distinct proof of tliat averment, as if John-a.* 
Stiles be called bankrupt (in the case I men- 
tioned) and he brings his action, and avers the 
discourse to he dc Qucrente ; and he calls wit- 
nesses, who prove the words to be spoken, that 
the defendant did say John-a-Stik^s was a bank- 
rupt ; and the court demands this question of 
the witnesses, but do you know what John-a- 
Stiles the defendant meant ? and lie shall an- 
swer, no, we only heanl the party say John-a- 
Stilcs is a bankrupt : it is apparent' that evi- 
dence will not support the action, fbr that aver- 
ment must be proved, that he that brings tlie 
action was intended, and that there was a dis- 
course concerning him. There must be. I 
say, the proof of ihc avcmient to make up that 
cerUiinty of the application of the words, which 
the law re<[uires. And tiKTctbrc in what case 
soever it lie, if the words he the only proof, or 
if the words carry suHirient in themselves to 
shew of whom they were spoken, it is ridicu- 
lous to say there must l»e an averment that 
they v.ere of such a one ; because words cannot 
prove theuiselvps. 

For, my lord, wlicrover words by sti-ong 
and pregnant intend mvnl do cnrry slander, and 
of such u particular per^nn, there the lHi(»ks 
are express th.-itthor<* uteds i ' averment, that 
they wen; suoketi (»i;' such a one ; as in the 
case of Fleetwood and (uric, Hoh. 'Jt>7, which 
is a rule lor ail causes n[Kiti a< iinn^of the case 
for words. Sir Mii«»K Floctu immI bring receiver 
of the Ci.urt of W jirds, h.in'/lit an action of 
the <-asc Jii^Jiinst Curl;'. Inr ihjit he (ha\ing 
sjicech with one \\ hoicwdotl) did ^peuk of the 
piuintirr these wonls, Mr. Llcri-i\i'i- (Innuendo 
the plaintiff) had drceivrd and cu/rned the king. 
&c. JUe did there alledgc the words W be 



,..r^., 



and 



987J STATE TRIALS. 36 Charles IT. \6B4.^Trial ef Thmmf Ramtell, 

mwkvio of tbe pkintiC In that case, upon 
Not Guilty pleaded* it wu fouad for tbe plain- 
tiff, and it was niored in arrett of judgment, 
that tt did tiot appear by the wordti spoken, 
Ibat they were spoken of the piaiutin : tor, 
Mr. Ileceiver bad no propriety to tJiat purpose ; 
HHithe Innueftdv ^voulci not' make it certain, 
when it appeared to ibe cauit, that the Hords 
would bear noceriatQty, tjiough he did ailed j^e 
the words to be fpokeo ot' tbe plaiDtitf in ihiit 
case ; because there may be many deceivers, 
0r teceivera, and he must prove it particularly 
vpokea of hunsetf But tlien tbe book is 9%- 
press, that allcr a verdict, thoup:h lie did not 
aver it waa apoken of him in bis office, yet 
judg-ment should be giveo for the plaintiff) be- 
4cause there is a nregnant, v iolcDl, certain sense, 
that may l^d tne court and heartens to take it 
so to be meant, and cannot be ctberwi«e ima- 
giiied ; and therefore the court will not ima- 
gioe it. Ai if a man spoke of an attoruey, 
&ai he ia a knave, and spoke not of \m prac* 
Itee ; why then the action won't lie : but if b** 
he named an attorney ia the diclaraticn, and 
the bearers knew him to be an attorney \ in 
Uuit caie, it was ruled not necessary to have 
Any such avennent ; for tbe words tliemseives 
ditf import it iu tbe origins I case, that it was 
apokco of him in his office, by the word de- 
ceiver ; that having an aJlusioo atul ironical 
tmrnmUmimt to the name of his ofiioe ; and in 
the •tber case, because the hearers knew him 
to bean attorney. 

80^ my lord, upon these ground*, juilgments 
have gone in those casew, which ihey them- 
selves do so much rely upon ; actions* fur the 
case for words ; wherever the words import 
presnantly such a sense, there does u^t need 
aucVi an averment. But I shall shew tliat in 
informations and indictments this cannot be ne- 
cessary » and the reason seems plain : tor here, 
as we bave laid it, and as tbe truth is, we all 
know it, there ia but one king and ffnc g-ov em- 
inent ; and when w ords are laid to be spoken 
to cxuitt commotions, or rebellions, or iusur* 
WmMmiBf thev are but external declarations of 
•the msA i tne treason that he is chariged with, 
that is inward, it is the thoughts that are trea- 
■on. Bat it is true, the laying that alone, that 
he did so compass and imagine, without some 
ftutward declaration would not be good in an 
indictmetjt, any more than the outward de- 
claration without the inward intention. But 
the treason is, that he did imagine to raise 
lebeUioo and war within the kingdom, to 
atir up tbe people agaiost the king, and to 
depose the kin^, and brio^ him to death, anil 
deprive him of hiii crown and dignity ; and 
then goes the indictment on, and savs, to the 
end that he might effect thi^ treason,' he spoke 
Mioli and such words, whieli by that new law 
(that Mr. Potlexfen mentioned) will amount to 
tresaon in speaking, 14 wdl la writing, I say^ 
it is positividy charg^ hi the indictment, that 
he did thus and thua speak la stir up the people 
lo rtbeUion and war agsiDSt the king ; and 
then coaae the words, if tndetd any collateral 



^//, oV 



words be spoken, which its tbetr <»Wn 
import not a tendeni y to incite and sttr up thi 
people against tbe king, it would he luuig^ 
with ifintttndm ; and so it would he, ?f then 
were twenty averments. But 1 think that thi 
is as strong an avpjinent as can l>e (uhat 
all know lo be true), that there is hut one I ^ 
and one gOTerniiient. And then he spnkd 
words in a public .ij^stniddy, * We have I 

* ;«nd so, and li ihey would do no and j 
which carries forcibly and preg-na 
sense, that it cannot be rntended to T 
agiunst any one else, but sgainiit 1 
the government; especially now 
diet, when thr '■- f -^ ' ^^-^ ^- o 
raise up tbe ; 
discourse is 1;. i. 
teoditig that way 

Wy lord, we are now upon i1>e fot 
iudictnieot* Put tbe case 1 1 
expressions in it, as I may gr 
if the greatest part import treason, sedil 
rebeUion, and are laid to be done to incil 
people to rebellion, and so foood by tbej< 
then the indictment is well lairl, And Judgi 
must be w-ivcn for the king. The ftrrt^ 
are highly derogatory to the king, and 
be understood tg V- spoke of him. If iIm , 
BOiier had thought these words would not title 
been treason, if be had demurred in 
by that, as the jury tind it now here, 
have confessed tt V) bave been sp( ' 
king ; for it is said, he apoke it to 
and he spoke it of tbe people of fin[ 
to say that Populuf^ may mean th 
France's people, as Mr. Vvallop wool 
certainly no man can think that : For wh< 
speaks m English, to an English auditory 
public assembly, That the people um" 
docking to the king, how can that kiag 
the king of France ? and how can the 
people, by any iateodmeiit, but a very fMgo 
and fiti-avige owe, be iu^ * rtijf 

the French people st^ ^ 

for lo be cure<l of tlie km- 1. ^'^- *'« 

himself sai^s) the Freneh " >mkA* 

power? No, That does fix a ^„ut.^ .iUily up* 
our own king. 

Pray, let us consider then, what 
can the intendment of these wonla ' 
low, * We liave had now two wic! 

* together ?* As for that objeetion of th« 
hmmul, that it meaa» t^i^ ether at one 
tiiat sure can have very little in it, it baifljf* 
he taken according lo i'nrpm^»n uudtfrfttal^f 
in our dialect ; and in r 1 n iay irabi^ 
bad now two wicked i. uar, every ^ 
will underatand it, we Um m-ni one aft« »* 
other, because we have but one king •* • 
time. 

And then, ray lord, if the latter words *•• 
left out, with submission, I r-m.-.^,%« u|iOfi ^ 
authorities that are in our "♦« ^^. 

would ha* e been treason u, niMtuXt^ 

25 Edw. 3, For, my lord, in a pubiie 
biy of people, which is an unlawt\xl iMf 
as this waS| to speak t uch woi^ df tilt 





889] STAtE TRIALS, 36 Charles If. 1 684.— /or High Treason. 



[290 



wAnld he treason. For put tlir case, lie hail 
collected a number of amitHi men al lluunslow 
lleath, and there ex boned tliein to stnn<l to- 
Ifcther ; that the kinij wat« a wicked prince, 
aoil had niis^jfrn ernetl himself in the ailminis- 
trai'An nf ttic trnvi ntmeiit ; I think that would ; 
be iifM>x»ii ^HiJjin ilie law. IK the new sta- j 
ti!»:\ li> sny the kiiii/ is a Pupiit, pbiinly is a * 
Pr. '»..•;• ••/#■(.• ; Irit to vay th*' Kinjf is a ^ticked 
kiufir, aii«t hns niisgo^trned iii»'ise!f in intrt)- 
duciRs: Popery j th.ii in a bt«*i> further than j 
whai. the act nrw:«;«; i V\rtiwnhr ; for vhe«ie : 
veiTurds to stir ;i|) tlie {»C'»;)le apfainst the king", 
«[iect<i.My prea«:!iH= ! i'l a p'lblie asKcmbly. 

Tiien, Lny hud. you v. i\\ i::ke all these* \^onls 
to^etli^-r ; first. P.'f.r ho \v\Ct :\xt\vu away that 
great authority, a»:d ^j^reat i»ov.er that tlie f«i»d 
rfHrjiveii hath ::'Voii to tlio V\\\<i^ in cuving" : 
the kind's evil, and deflurd hiui :o lie a ' 
nickc'd |ir:ni'e, by suiii^rlnjr Popery to come | 
\ inder hiss nose, end that l)e was to be compared ] 
j ttnone Imt wicked Jor'»boaui; nnl thee, to I 
' abort tlie people lo **taiid lo thvir priueiides, | 
( ad he <1h1 not dou' I, nut they .she-.dffcnerrouu' • 
tbeir enemies, wLu-t can b«» plaiijcr Treason? ; 
For it is plain, that he did speilk to the people, 
to the congrefjfation ; ai'.d thai can n^ vt:r In^ 
MDden»»ood othcrwi-e by thf* eouit, nor by the 
ketrers. For that intevjiretation, that the kin^ 
shouhl overcome his enemies, it is forei^ and 
ridiculous, and not to i>e ima^neil by any 
body, tiial has, either sicnse or ix-ason* about 
tliem. 

But, my k>rd, I hh.all leave all this (the Jury 
having now found it) to shew what preeedt^nts 
v^e <^Hlld prepare lor vour lordslii|> ; how 
thinus 1^ tdis nature, have bten used to Ije 
drawn: For we have miide, fur the Hitle time 
we had, as ((oimI a search as we c:ui ; anil 1 
have found several: And iitdecl, I cannot fuid 
one otherwise, than as this is. And for late in- 
fbrniations and iDdictment*;, if vou cxniMiuethe 
clerkn that now are, tluy will toll you, that 
there is not one othiTwise : But ti<at if it b<' 
said to be done with an intent to raise rebel- 
lion or war njpiinsl the kinv;^, or sedition, or the 
like; and then say, lie spoke h\iv\\ uiiM sneh ■ 
wurds, that is suHirient. l*Mt f will sli<w your ■ 
lordships soxi\^ aneieuier prereilents, soiue few j 
which will .shew how tiie iiiactice \\<a^ hereto- 
fore. I 

The tin.t is 3 11. a. Hut. 17. in tl.i^ Indict 

nent against my l.)rd Grey of hii^h-tn ason 

ifter the (general eharnfu of in.ii-luiiHti:;^ th( 

, destni.-tion and dtatli of the kiii;^, and sub- ' 

Tersion of the g-ovfrument; it is said there, , 

i that prodilurir he did spcik ili{-se words, ! 

* That the kin-^'s grace sli(ndd l;e dri\ vu out .d" j 

* tlie rfului, and tin- pr.ixe's jfrr.cc should I 
'never '»u% cet.d.* .\i».! \\ is not uvprml that ] 
these \i oris uore sjmUj :: of jI:..» kiii'^f, and ol '. 
theprinc*'. Uf>v wns ilieiv an;, lu-i'! \\ sliouUl bo . 
irwtd ; li»r the w.irds pl::i' !y ijoj'oit thev '• 
•ere s|Kiko'.i of ihem ; r.iuJ iUv. i . , ni'j; it, that It 
was to rarse sedition wiiliiu tlJ* realm, wns 
ntticient to make thcui hiufli -treason. 

' Then the uea^t is my lord Cobhaiu's Case, 

VOL. S. 



1! Jac. Scssione Ima ; for it is one of the great 
records that lie in the che.<tt^ amongst the' Ar- 
cana. Uut by tlie iHiuk in the otiice, we have 
a copy of it ;' but thei-e is the record in the 
chest, and there it is, * i'osteaque 12 die Juuii, 

* ultimo piroterit, ac diversis aliis diebus et vi- 
' cibus, tarn posteaqunin antea, dixerunt, s.Scc.* 
(for there are 4»tlier del'< ndants), proditoric 

* there will be no t^ood till the kinif' (meaning^ 
our sovereign lord the king) * and idl hiscubbi, 
(nieaniiijtr the children of our said lord the 
kin«:) ' were quite taken away, 'Ncc' I leave out 
tlie t«^r'nend clia:-j;e «»f t!o'*niaehiniition and 
contriviiio^of the dt-.'iih oi tbe king; init to the 
intent to elf; et iIim! feaso!*, i.;ifh wenis wei-e 
spoken without \\vy :i\crjner.t. that they were 
sjiokin *<!.•: resfo."' There ^^asno meii'tion of 
the pr<i»eny of the kiiijr before; or that the 
eubbs that w *•!•<• sji'iken oi'wi'i'O ihe kiiiir's chil- 
dren ; lii'iiher would the vur.^ls * regalis iiro- 
' genies' answer t!io Kn^iu^h word ' ciibos ;' 
which was a u ord jduisivcly mentioredby him. 
Hui in that case it wis hVid to lie a good in- 
dictmfiit; and sir Viuiter Kaleigh was con- 
demned uptin it.* 

Anotber is Williams's Case ;f and that's 
very like our fa>ie in the l'.:st pr.vt ; that is, the 
first words iiisisitd up-'^u are Isi.id positively tf» 
W sjjokon *d* kire; ,!:'i;ves, by an innuendo, 
Pas.-.h. 17 Jat". i?.t. 1". tl:":vr I'fier the ' Ma- 
' ehinatiS el ir.terdri:.:. \-<'.' ii is laid, that he, 
such a «!-^y «;fSemeo.l>v»i-. * ;iv.» M!;>riiM!evisavit' 
a trea-oiiable boil* called I* i'::5jm\ Ass ; where- 
in there are .^\\i\\ r.i.ti such irassages applied to 
the kinir by the iw«.<cw</<>. Tbe*re is nothinj^ 
said of that, to be spoken of the kingp, * de 

* rege ;* but the words of the book carrying" 
their own plain sense and meaning' in them, 
that tlii>y must b^ intended of the king^, and 
the goveVnment, that was suftieicnt to maintain 
the uidictment ; aiul be was execuled. The 
innurnf/us are not inaterial. If it can have no 
oilier sensc>, that is eiioegh to maintain the in- 
dictment. 

lily lord, in Fitzharris*s Case,§ which your 
lordship sr.id jdl the eonrt rtinember; part of 
iIh^ li'/. ! v; laied to the duke of York, l)y the 
letUMii J.) of y. and sometimes only called by 
the letter K and the king hiniseU* by the letters 
CV/. And the innuendo is, meaninp^ our so- 
vereiq^n lord the king ; and there is nothing 
avei-rVd in that case, and ind(?tHl there can he 
iKithing averred ; for by the unpoit of the things 
it must have that sense. 

Colonel ISidney*s <'ase,|i my lonl, youMl 

* .Sre '.ol. 'i, p. 1, of this Colbetion. 

f *<et; vol. V, p. lOUo. In Shower's Re- 
port of this Case ol Itosewdl, tht; ( Iiief Justice 
IS rtp-CMMitiMl lo lia\e said to the king's comi- 
sil, in WilliaiuH'sCnst", '^ the book was de«li- 
euiod to tlie kir.ij; and, I \m\\ teil you, that if 
\on U:\i\ laid it t'.iat le- sptdvc tbov'e words of 
the kiiijr, *uul yy.i bad pr.>\ ! onlv the words, 
I would ii:\(''i:rt ;i to •Ik'Ji'.v whether ihey 
belii^cd I'.ioL iio v:}»'»lvi' the word- of the king*.'' 

§ Sec vol. tJ, p. CU3. It See vol, 9, p. HIV 
U 



991 J STATE TRIALS, 36 Cuaelbs 1L 

fiuil to be the same : thciv's no avermeDt ; but 
the wonis of the libel are brought in witli an 
innuendo. 

And you have another indictment at Salop, 
SI Car S. One Pitt was indicted of hiah- 
treason, and con\icted for these words, * Ifthe 

* kingshduld hanff or banish an^ of the papists, 

* his throat sh«tli be cut.' This is laid in the 
same form in ilie indictment, as we ha?e it 
here in our case. If you please it may be 
read that he did ' ad?isatp, proditorie,* speak 
aucb and such words, * if the king,' meaning 
our sovereign lord the king, witliout any pre- 
vious discourse of the king, or saying it was 
•poken de rege, * should bang or banish any 
' of tlie pa]>it4i* (quasdam personas mala dis- 

* positas, &c.' innuendo) * nis throat sliall be 

* cut' He was convicted, I say, and I think 
was executed, though I cannot directly tell 
that : but this is the record ol* his conviction. 

So I take it, it is, with submission, that the 
precedents go all along, both in criminals that 
mre not capitals, in indictments and informa- 
tions ; and also in indictments for high treason. 
The charging the words to be spoken to stir 
up sedition and rebellion within the kingdom, 
without the help of any averment whatsoever, 
18 sufficient ; that is a strong implication tliat 
Ihev are spoken of the king and government. 

And, mV lord, as to these words they could 
■ot be laid otherwise, than they are in this in- 
dictment ; for this is all that the persons tliat 
are the witnesses swore was spoken. Your 
lordsliip remembers it, it was so, when they 
B'ere here, tliey could swear no more. So that 
to have averred that he K|>oke to them ' de 

* rcge et gubernatione,' would have put a proof 
upon us, that our witnesses woulci not nave 
come up to. We must have proved a discourse 
of the king and government, and a swearing 
of the words would not have been a proof of 
that. The jury has found that this was done 
to stir up sedition, and to levy war ; there- 
fore, I conceive, according to the constant 
course of tlie precedents, there is no need of 
any averment; but the wnnls are well laid, 
«nd well proved, and he well couvicted. 

To say, that enemies is a very <veneral word, 
and that we have enemies of all suits, and that 
therefoiie a bare innuendo cannot make it mean 
one more than another, is odd in tliis case : 
Ibr I would fiiin have any mau assign me what 
sort of enemies he could be thought to mean. 
In such a discourse he could not inea spiritual 
enemies; because the instiuiuents hat tlu*y 
were to be destroyi^d with, were carnal wea • 
pons, broken pitchei-s, and a stone in a sling. 
These arc not tit for overcoming spiritual ene- 
mies ; but they must be such enemies as can be 
destroyed by such instnimenls, camul entinies 
that are to be vant|uished by outivard force. 
And tlien what enemies can such a public, un- 
lanful assembly have, but the govemnient .'' 
AU that arc oi'tLeirown sitleand party are none 
of their enemies. And it cannot be taken dis- 
triUitivelv, that evary particular man has his 
mfiiuyf tuat is a Ibreign ondorstandiug : but 



l684.— TKo/ of Jhmm RoieweU^ [S9f 

when be spoke to the congregation in a con- 
venticle, that tliev should overcome their ene- 
mies, being so unlawfully assembled, that must 
be the government. And bad he not told ^oa 
before, who were the enemies that he plainly 
meant ? He had said, that the king was a 
wicked man ; and according as he represented 
him, an enemy to God and man by introducing 
Popery into tne kingdom. And you are to 
consider the time when, and the place where 
these words were spoken. We know that in 
these conventicles it has been the constant cry, 
that we should be all over-run with Pdnery, and 
the like : and therefore, that is coniuteraMe b 
the case. 

Mv lord, I make a great difference between 
wonfe spoken in private, and wmds spdun in 
a great and large assembly. It is tne nme 
thing as if it had been spoken at the heed of 
an army ; especially when people meet con- 
trary to the laws of the land in defiance of tko 
government, and gather together in tncbgrMi 
multitudes ; and have such diaooursei and 
opinions broached amongst them. 1 cannot 
see truly, how it is possible to have been better 
laid, being sworn directly as it is laid ; woA^a^ 
pecially being ibund to be all spoken to die" 
tlie government, and to raise sedition 
rebelRon. Thereibre I must submit it to ^ 
lordship ; and pray your judgment agaiMlbt 
prisoner for the king. 

SoLGen. My lord, I b«flrlpareto add out 
word on the same side. That which I rinJI 
apply myself to, is to shew that thia is a i 
good indictment, in the form of the in ^'''~ 
and that upon this matter which the { 
proceeded against ; for it could not be better. 

My lord, the tact charged upon the | 
is as Mr. Attorney has opened. Then 
were spoken in a ccniventicle, *• The peoplit 
« make a flocking to tlic king to cure the unn 
' evil, which he cannot do,' lee. These are m 
words upon which the prisoner was co 
mitted : tnese are the words u|M)n which 
is proceeded against; and these are the woi 
wliicli have been found against him. Ani^ 
my lord, more words than these are nH 
alledgeil to be spoken by the prisoner, nof 
prov»l to be spoken by him at bis tliol 
upon this indictment. Therefore, if 
uordsare high- treason, this is a good in 
ment in substance, if it proves so too in i 
.'\nd whethtT these words are not themselfot 
treason, 1 shall not now speak, but bhall on^ 
go to shew, as 1 said, thai it is a good indielf* 
ment in point of furin. Fur these words am 
his crime, as sp<»keu in tlii^t conventicle; an4 
the only crime of whicii he was accuoed, and 
of i^hich he is found q^iiilty. 

Now, my loi-d, lei us sec how the indictmcil 
is. He is charged uitli compassing, lan^- 
gining, and intending to raise i-ebelUon, adi -* 
levy war in th«i kingdom, and to depose Atk 
king ; and to bring' the king to dcstnictiiNI| 
that is the charge of high treason, in tbekiai. 
of it. Now, as that is the diarge, it ia A 
absolute necessity to alledgc . an OTert*ii% 



STATETRIAL8» 36Chahle§ II* i68l.— /<^ High Treason. 



fsgf'j 



irludt miHt t^ |irov^ tt>o ; atidiftlierc be not 
tftorerVact^ the indict oi^ot isoauglif. Well, 
thia, the trrtson is coin{»ju»Mifig theaejtth of the 

111^ to rai«« ^ition, and levy 

uve oTert-«rt churgetl \i\w^ 

\\\h}\ to bring such Kb wicketrmirposes 

1I» be diti traitrroutly speak, [niUlbh} and 

^be words of the act of [lattiiiineni, iu 

IS Ci. f ,1 in no unlawful assf^mhly, in the 

■pesfuce of diveri of the kind's Ruhjocis^ these 

ord« that I rcfteated before to your lordship. 

No»r, my lord, I ask ; are these words trea- 

[too ID l|icfiitel?pft« or «re they not ? If they 

of theriificK^efl^ then the indictment 

dj g9od in form, witliout saying-, that 

! the words of the king, or of the 

e of En^laod, suhjects of the ktoff. For 

they do imp»rt thiit of theni salines, or 

fdonoi. !fil r«ortitof them«elres, 

rsijing thai ! L them of the king-, 

the people, would have been imperti- 

idle, i>pcaii*j*^ it is a tliiog- manilestly 

f iiaelf. If they do not jmport this of 

then bad it been charged, that 

W«T« tpoken of the king and of the 

pvople, this must hare been proved. 

TbtfQ 00 then, my lord : if it must hare been 

»fcq^ it mu^ have been prored either hy the 

Uiemitetres, or by something else. If 

m* to be proved by the words them- 

rn \ why then it returns to the ohl question, 

f •« nee<i not altedge it. If it were to he 

tjtei by fomeihing else, then the fault is not 

I di« indictment, but it must be want of other 

r thin what our witue-sses would pro re ; 

lun iure, would have been a very 

I in us to ha?*^ drawn upon oorsches. 

*ilie vftiv^s ittiport of themselves the 

to be of the king, and of the people 

'^i ; then it is (dain they make the 



words, that they do not import in themseUe 
flucli a rneauintj. And Oierefore, 1 thmk, with'] 
suhinissioD, 1 have m.iinlainod iho formof thtH^ 
indictment beyond all tHjnlradktion ; and not-, 
withstanding all their objections^ it is a verj" 
tfood form without the words * dixit de re^e» vc 
de populo/ 

Ah Mr. Attorney said, it is necessary, mj 
lord, in actions on 'the case for dander, to avcf 
* dixit de querente/ because he most ascertairi^ 
the nerson of whom the words arc Sipoken, t<i 
be the very plaintift'; for there may be divert 
of the same name : and you must always, upo 
a record, ascertain the person, to entitle th 
])laintiir to the action : but where ivorrls ar 
pregnant, and fuU of themselves, there 
no averment in such a case ; which w ithou 
sucli pregnancy w*ould be necessary, and if m 
done, the action would faiL As, iu that i 
that was cited by Mr. Attorney of sir M\\^i 
Fleetwooil ; if it had been that the words wef( 
sir Miles Fleetwood has deceived the king:, 
would not have borne an action, unless it ha 
been averred to have been K}K»keQ of him as ( 
cozening the king in his office : because ge 
nerally to say a man has cozen etl the 
will not bear an action, it is so loose. Du 
when he says, Mr, Deceiver ; the ironical nt« 
of that shall not excuse him, but rather < 
monstrate both who, ami what he meant ; that 
it shall be applied to htm, as doing it in his 
office. And, bemg so, it must necessarily be 
understood to be a verj' great slander ; 'and 
then it needs no averment. 8o says the bfxk. 

Ho that where words are plain and full, c.cn 
in an action on the case, there reriuires no 
avenuent : but in indictments, they being for 
offences against the government, the very an- 
cient forms used will govern the case, as well 
as the reason and nature of the thing ; that no 



of themselves, and there requires no | one can be meant, by such sort of wonU, but the 



iivvndii. 

As oow, for instance, my lord, to change the 
words a htile, to illustrate the case; as sup* 
t ti ha4 been charged in the indictment, 
I bo bring his wicked purposes forth to effect 
edid speak these words in such an tissembly, 
^vicure to yourselves arms, and make your- 
"" idy by such a day, and go to nhiie- 

ad kill the king ; would any man have 
ETf, that it was nece-ssary that we should 
Jtn the iiiitictment that he '' d)x:it de populo, 
^ '*?iide R-^gt?,* so and so ? No, cei-taiol v, it ia not 
ttrosoary, because the words plainly import 
iMr own meaning* 

So here in this ca»c ; if the words them- 
Mlvct neeevtarily import to be sf»oken of the 
loigt it is as impertinent here to say, ' dixit de 
* R^^ dixit de populo,' as iu that case ; because 
K b no more than what thf y necessarily and 
naturally import of (luinsclves ; which shews 
that this averment, tiiat thev would have, is 
alaolutrly immaterial ; and, if Jt had beeu 
ihirgrd. would have reqtitred some other proof 
ikMI the words themselves. And so the tault 
^BUttol b«» at they would alletlge, tn the form 
•Ctlkt btomeut y but m the substance of the 



king and the gov ernmcnt : and for that I rely 
upon the precedent* that have been cited, that 
the fonns wew always thus. The precedents, 
with humble submission, where the overt act 
laidiu th(? indictmcMit, i;; by words s[>oken.that 
it is said, * dixit de Domino Rege,' ^c. There 
is not one that dues ever carry it so, but the 
forms are constantly iu the same manner with 
thi< that i-i now before your lordship, without 
such averment, as carrying plain surplusag* 
10 aver that which the words necessarily im- 
port. 

To say, my lord, in this case, as we bear i 
objected on the other side, Thai these lorm 
passed ' sub silentio/ and no such olyt*ction 
was ever made, I say, that is no ohj'-'ctiun to 
our indictment : fur the at gument sui^e turns 
the other way ; because the forms ha%«* been 
constantly in this manner that ours is, thcrdbro 
tl is assigned, that what they otfer, is no ob* 
jection at all ; for, douhtksx, m so long a tract 
ot time, when so many learned men sat on tlio 
bench, and »c many learned of the king's <Miun- 
sel attended the king's courts, and so many 
persons have been indicted, tried, and sutfcred 
upoQfuch it dictments, who would have saved 



995] STATE TRIALS. 36 Charles II. l684.— Trtri of Thomi Ratemlh [996 

their lives, no doubt if they could, by ninking 
Kuch advant^igt" oC such an exception ; that is 
a strong arj^uuii-ut, that it was never thoug^ht 
an exre|)ii«»n. So that, besides the reason <if 
the thiiur, ttio {iiwcciiuiis art' uli witli us, which 
hatii a!\v;iv.<> lii-vu ai.'.:ur.iUe<l a good artfuincnt. 

r»iy lord. iiaiT::! !ii;iuy of us remember the ! 
ir.ili.' tiii^nil-i i*:' iutier liiUL-s : paniculari y that of { 
coloiK'l Mdney : lhou!;jh there is another overt- | 
net UiU iii tlial iudicniient t<>o, yet that is no- 
thiii'j to this ej;«L\ 11' there hi- but one overt- | 
act laid in tlie indictment, it mnst bn proved > 
by t\v<i uitnessvs ; but if theie be several overt- 
acts laid in the indictment, and one is ptuvHl 
by one witness, aod tlie other by anotluT wit- 
ness, that is suHieietit to maintain the indict- 
inent. In 3lr. Sid:ie;/s case there was to 
one fact but one witness ; and tbercfore it was 
nt\xrssarv to lay snotherovcrt-eet, which was 
prcviMl by otla-r witnesses. And one overt-act 
comos to this point that i:« now in cpiestion be- 
fore y<»ur lordship. It is in this form dirf»ctly 
M'itJiont an\ averment that the words were spoke 
or written "*• de Kegfe or de Ilegimine,' but that 
the book contained so and so : and the tliint; 
itself speaks itself of whom it was meant. If 
therefore the words in that case, being" proved, 
were necessarily to be applied to tlie go- 
vernment of Enjifland, there need no averment: 
No more does there here. 

My lord, not to trouble your lonlship 
fiirther in so plain a case, the pri*ce<lents bein^ 
thus, and it being knoivn to l>e the constant 
practice in point of form, I would tain Know 
what they would lia\e had us done. The wit- 
nesses swear these are the words, ar.d there ] 
arr. no more ; how thou e:ui we frame a hitler , 
indii-tmi'Mt, than iiptin the words that tln^y • 
swtMr were i.p<ikeni* 3ly lord, we pray \our j 
judgment for tlu* kinj^. " ' \ 

jL, C. J. >Voll, ha> r \ on done ou Imih sides ? ! 

Wr. AlUy.niti, Ye.s, n:y lord. j 

L. C. J. Truly fur nj\ j)ari, I think this is , 
a ease (d'l^^rent c;;)ns(.M'iMUCe on the one si.le, 1 
and on »i»e olher. I hear i; is suid theiv are j 
abundance oi'preertU'nts in the ea&<', utiw. ha>e I 
been itu-ntiiMud, and it is n< ix-ssary wa sluuild ■ 
look uj«'.ii ihi'sc precrdi'uts, hcline we <!e!i\er ! 
nn\ ah.xolulc jjpiiiicn. JJjit. tn:ly I n;a..t bay, '■ 
IMr. Attdrnrv's prretMlcnts hu\c with m?i^ci'v 
Jiliie weight*. And I mustilifl'er iVom Mr. M- I 
turuiy in antdher thin*; : tor if i:: t-iuic the last 
wcinls v.Arc out ol" the ea^**', of * s*».Hli::;j lv» ■ 
•their principhs. and o\e:\N:i.;ijiiv ihcir one- '• 
' mics,* do \<Mi liiink, that hcenisr it i^: s;.i.| jn I 
tilt' ion* pari of tin- iii'.irtuii n'l tli.ii W \\.Ui\m"\ | 
tiie d^.ath of tin Wiuir, i.n.l to raiv n-hciliuii. j 
and tlu'reloH' sij'l, lfnri' * wan* mn wjoke*! 
* kiiiys uho m:1!'« r.il t'!>|.t ly lir.ilti il . i.-nosis, . 
and wiTV ti» b:? iikenrd ii> Jn-ib'-ani ; lij..: tisul , 
wouM U* a g^immI indietii:;*!*! for hl<;!i liC-aMUi '.' 1 
TIk'o it wni' plain tin* mX of parl::'i..i ut, i;; j 
r'ar. '2. was n»ade to no purpose. I'er thou:;ii 
1 doubt not in the least, v.'onls nia^ be an oven- • 
act (A' lii^li-ti'f ason, in compassin;^ the death of - 
the kin^, upon the stal. of C.> i:ldw. 3. I make ■ 
no ditiiculty iu the world of that: so was my 



lord Cobham's case, and so w]pve the 
in Harry the eiyfhth's time, * We will drire 
the kin{j^out of England,' or any things of that 
nature: 1 say, that woidd be an overt-ad 
sufficient to bfin{; a man within the compaaaf 
the statiite of *i > Edw. 3, because those are 
ex'pn^ss words tending to the death and de- 
struction of the kintf, the deposiu^r him and de- 
priving him ; and they call him the kuig. But 
if a man comes and says, That such a one, 
with a pu!*pose and intent to destroy the king^ 
said these words. That the king could not cure 
the kin^jr's evil ; that's not such an overt-act at 
to make ^ood an indictment of hi^h-treason. 
And to say, that the kiiiif introduces Pc^ieiy 
under his nose into the knigdom : why it if b 
very lii-^h crime, but it is prescribed by the act 
of parliament to be prosecuted only as a .iiui> 
demeanour, and punished b\ Pramunlrc, If yon 
look into that statute, you w ill tinci which waj 
the words shall have*a tendency, that are to 
convict :i man of treason ; that is, that teirf 
to the imprisonment, bodily harniy death ar 
destruction of tln^ kinv^, or laisiuflr iuiiurrectioB, 
and rebellioii : or levying; war within the king- 
dom, that is hii^h -treason, hut words thatM 
nut nceessurily tend to any such things ; ■• ti 
say the kiri^ is a IV.nist, introduces Popery, ■ 
iHrnishly udecti.'d, phrases that some people de? 
ii;rht in : tl;at has a peculiar punishment ap« 
poi:ite<l to it by this act. And tliis is all takeo 
uureof, to shew the judm^s how tuey should 
proceed, kun^ careful of leaving;: it loose, in n * 
^rcat 3 case as hif^^h-lrcason. And tlie |Murii>-' 
nient seems to be the more careful in il, fao- 
causc they make the treasonable words such M 
oiiVnce, cJnrinpf the kiujL^'s life only. Now, ■• 
Tilr. Solieilor puts the case, by way of illusti»* 
lion, in oJier words ; 1 make no dnHculty, bfll 
to hid men pre pare arms, and ^) to WhitebaUi 
and kiii thn kinir. would he rauk downngfat 
tirnson. Would any man in the world 
to aver, t!:at that were an overt- act ? No i 
\Wi\\\r wiM'hl. l)ul if I will say, that to< 
pass aud ima;;ine the kind's death, he bid I 
rise up and p* to AVhliehall, and they 
(k.crtome tiieir enciuies, does that import tilt 
kin;;? There is no necessity of that. The kiag 
cannot b(.' said to be an enemy, unless it bf 
plainiv declared b\ the party himself who lli 
iiK':.nt. And th( n t> say, how' could it be madt 
b« :'i'.( t*. no floiibt oi'it. il nuL>:ht easily be madi 
b. tl( r ir i; luui h. : a i oii.sidered of. * For if yoa 
hu(i f m:i}" a:id u\t.riri!, that these Viords Wfll* 
sMOi.i u r;:ji< '.ri-lii«^ the king" and the [teople «f 
J.nu^l:.>!il, 4 js-.'uiiiU il v.oidd have made it mora 
cert.iiii. ( do :ui! h.Mid myscif now in luy o|dv 
nioM, liy M iiat i now tfdfyou ; but I ani only 
IiK ..ki-.iL^ t!ie nutter. If you had said, tliat M 
b:!i«i, if I'.c will .stand i<) our prineiplesy we sbal 
ili'>.in>\ ti!'.'!ii, I ili!:ik it \\\\i\ made the caio 
stiOii;;t:r If ii times : hni you have not sodoMb 
Indeed, I um u-.?t so iiiud in n:y imagiDatk% 
av tile counsel \\)v the prisoner seem to bo|- 
* That we have had iwowiekcHl kings tOflh 
^ ther, who have suffered Po|)cr> to eoiue vaS^ 
' their noses ;* that thercibrc we must run it m- 



S97] STATE TRIALS. 36 Chablss 

II ki>g Etbeibert, and I do not know who ; 
m, thftt plainly in common English s[)cakiDpf, 
■cans two kings successively ; and it must be 
■ade a strange, furceil construction, it' wc 
thoold interpret it, tbat he did not s|ieak these 
Mda of the late blesaed Martyr, and his pre- 
snft majesty. And liecause eueinies is in the 

ell number, therefore to make it nonsensp, 
uae one is destroyed, if. the wonls had 
well laid, as they mi^ht, therefore it 
have no relation to him that was left, 1 



n. iGU.'^for High Treaion. 



[298 



•ly, wodM make a stniifre furce«l constrnc- 

tiBB. Tbat nii<;ht be well enough, if the 

u m A i had been pro|KTly laid. Jiut wlieii 

TMCome to s|>eak of etieraies, innuendo, the 

by and his subjects? how can tbat iMssibly 

kef For you had talkeil of nobody before that 

Ihqr are said to have a displeasure to ; and 

J without sayin!^ that the kinG; is an 

y, to say, ' Stand to your urincipk^s, and 

*jm shall destroy your enemies,' innuendo, 

Wt kiD^, is, I doubt, to stretch it a little too 

fe But whereas I have put the words, how 

Ittakthey should have been laid; says Mr. 

i#Biw, Tlie u-uth is, Uu'y were uot so spoken 

•ysa wouM have thcni laid, hut they are laid 

alltty werv spoken, antl as they were sworn ; 

lis a point of fact to lie left to the jury, 

r they aimed at the kingr and if^i^eni- 

■M^ar not. Do you think that an answer 'i 

V« it fKmld bo the same argrumcnt in an 

HiM if die case lor words : Where it is 

flMitaMt be ' dixit de quercnte,' you do so 

•ii ML Mt declaration must aver It, and 1 

■■ft|H«a it toil. Iff do not say it, though 1 

IHStd^dnt will not maintain tlu: action : if 1 

diSNltaod not prove it, it will not uiniutiiin 

lliMvation ; all is naupiit: and what is 

. .* in this case ? if vou hail said it, that 

ave directed the jury plainly, u|M)n 

ibe words as laid in the indictinent, to 

i w hat was the intention o« the party 

% Ane wonls. These are things (I must 

Mi6») that wontieTfuliv xtei^rh with uio. It 

■•moof: of capital oflencc, when: t!ie life of 

• ■U is concerned. If the preciMlents have 

flssBe so, thi-rc is some wei{;ht in that : but 

if w precedents lie only such as yuu have 

When of, words directly tellings who is meant, 

fhgr have n«i manner of'likeiiess to the words in 

Miiaifiilnient, because tliere tliey could ni:vcr 

ilHrt any thiu^ else. 

u ibe wOkX |ilar.f>, I am stumbled at another 

tiw, 3lr. Attuniey, and ihut is, the dirlcrcncc 

; if tte persons in one ]Kirt of the wrirds, and 

ftlSlbcr. Yon have be^un in !!:(; first piTson 

|knl| * We have had two wiek<jii kin^ to- 

'MMTy' and as tlic l^atiu words arc,'* Nos 

*falaiiniis nunc duos iniipiits l(>i(cs in«iniuK* 

■laArrwards you say, and if the\ , i/^M, * will 

' ^^mk Ift their principks, he did not donht hut 

Mr should ot crconie their eucmies.* It hud 

■tWai til ha\e laid them, as (et rtaiuly in 

MB iiiidtiiitandin)() they must he lK.lie\cd 

onr 
ould 
applicable. 



■MhcB, * If you or we will Mund to 
■ffka;' and then the my innueado wo 
him vore icotibb lad applicable. . 



Sol. Gen, But, my lord, it was sworn ttby 
the witnesses, that he said. If they. 

L. C. J. The wonts say he preached, * Wc 

* have had,' that In, ho atid the congresTtition 
assembled, and then it is aUer^vards turiicfl to 

* they.* \ make no diliiciilty in the worltt, but 
that * we have hiul t*vo w irked kin!;s toyiHlier,' 
was intended of the late kin^ and this; and if 
it had been ailed v:c(l, that ahtTWurris hu had said 

* we shall overoomo them/ and a jury had 
found tbat these word'- were spoken with sucti 
an intention, as is laid in the indictment, it 
would ha\e bi'en treason. But both in gram* 
mar ami ii'astm, when you come to siiy, and 
si ipi^i tS c. [iray, to whom should that relate ":• 
What is the Kn^ish of ipsi ^ Is it we, or 
they ? If it ht; they, in the tiiinl iierson, the;Aj 
are no thinl persons spokir:n of, hut the two 
kings, and tliey arc the last antect^dcut. For 
my pail, it does stumble me, it U a thinn- of 
great consideration. 1 M|>cak not, as 1 said, to 
bind myself in opinion ; but 1 think, if ye had 
put the word uo^ instead of iy^si, it bad come 
nearer to the understanding of i.-ien, both in 
grammar and iseiise. For 1 exclude myself 
and them I sped; to, if i put it in the third 
nerson, and your innuendo (I said) can uo way 
help it. 

Aif. GcH. Truly, my lord, I did not think 
that that did rot ii|Km your lo:d.ship at all, as 
any oi.jcetii.n. 

L. ('. J. It tloc-s rcit, I assure you, Mr. 
Attorney. 

5ii/. (jcn. If wc ha'l done othcnrise, wc 
should not have htid it as the truth is, and the 
Latin does not alttv' the cu.se, for the word 
sMokcij «as 'TUcy.' 

L. ('. J. '\\, Ijut certainly he said, no 
duuhr, > voir or • v,i/ if you will stand to 
your principles, il'.N iiohM use else. 

^;/. Gen. IVIy b.rd, I tal;e that to be well 
enoutyh, for here an* three sentences. The. 
first is, * That the peoph* make a th»ekin(r tr» 

* the kinsf, &r. cju<d populns, Vc* The iievt 
I is, *• quod nos habniu.'.is. \c.' And then the 
j thinl i«!, * fpiod si ipsi.' Now * ipiod' go- 

j verns tiio particular seiitrnee, and it being a 
j p-urticul.ir .sentence by itself, v.ith huiuble 
! subuiiissiun, it isgootl in gi-an.r.sar, und in sense 

I U)0. 

i J., C. J, Sup|»ose you were to speak it in 
i Kiiglish. Mr. !SolieUi>r; suppo:;e you were to 
I spwik it, * Now we ha\<' had two wiekcfl kings 
■ * together, wh«» lia\e bufiered Popery to cunio 
j * under their noses' (meaning t!ie late king and 
', Uiis), there pi rhaps the innutndo is sen^ble, 
J and, no douiii of it, then he must UKuUtbeiii : 
lMittoKa\, If they Mvillbtand to tluir prin- 

* ei|:les, ih.'v ^!r.l\l overc»mie their ein.ini« s,' 
pi-av to uhom <Ums that * tliey' relate? 

^o/. Grn. iVTy Txinl, with humble submis- 
sion, >ou put the cas<- f.f an entire spee^-h, 
made in the person of the i»reaeher, and the 
congrr/falioii, and as the \\oi-ds were spoken 
all at one lime. I would make it an entin^ 
spr((h too; but it seems to be se\eral sp;i- 
tcuce:>, and therefore that differs the case. For 




] STATE TOIALS, 3(J Charles II l6u,^Triai if Thmtu RmmU, [S(»- 

ifl« tyrant, &-e. yet Ui«re tt it said, and ex^ 
prmij ttTerred, 'tJwt be nioke tlic wonb • de 



I 



tiking it that these arc thrw distinct scniences, 
they niigbt b« f^poken iii a s^^Ferai inaaner by 
varying the p^rsun* and so they ivcre si w urn. 
Ami su|i(>oj)e \\it lid,)! only s|»ok(f ihe lust wor<ii, 
aft indicUiitnt tor thi-i in the iliird perMn had 
been a good iudicLtiK-til : aii^l tf it haid betm 
diariyreii in that caK4% * t^uod dixit ©t a!*8«rinl» 

* quail si ifisj, (Scc.^ and then in evidetii^c, come 
ami prove tbe^e wurdu, would uot that have 
been |f(Kid ? 

L. L\ X Truly, 1 think, Mr Solicitor, if the 
mdicUtient for these bwt words aUnje liad been 
in the third person, it is aqii<*%non whether 
tbit mig^ht hare been a yfood iudictineoif if ytni 
bail cmne in evicfence, autl proved* that he ha<1 
faid of* flic kioy und |fOveminent, * Ifyou will 

* stand to your principles^ you shall overcome 

* your enemies.' Though' I deliver no abso- 
lute opinion of that, because tliere ou^rht, f 
tiiiak^ to have bpen an averraent, that they 
w€rc siK»keu of the kin^» and the people. 

SoL Gen. In an entire spetTh, my lord, 
there the relative must be applied to the la»t 

teoedeiit| acGordiurr to grammar. 

L. C- /. And I thmk it must be taken to be 
an eotiie speech, aud you lay it in the indict- 
ment lo be so, and then the relative must go to 
the last antecedent, or ebc Dr, Busby (that so 
tong^ ruled in We^t- minuter- school) taught me 
quite wrong, and who hail tried most of the 
g^mmmurs extant^ and used to lay down that 
aji a podttive rule in ^ammar, thatch e relative 
must refer to the next antecedent. 

Just Wdhins. Mr. Sohcitur, ifyou make 
it several speechea, tlicn it is ten tiraea worse, 
Ibr then the latter part is so uoecrtain, without 
ati averment of whom the words were spokeo, ' 
ibataure tt can never be made ^lOdr 

SoL Gen. Suppose it had bf^eu * ulterius 

* dtxit,' would that have made it a distinct sen- 
tence ? If it would, our proof it may be was, 
that it was aa entire speech, but yet 'consisting 
of sereral santences, and must have the com- 
mon understand iu^^ as to their relation one to 
another. 

Att. G€n> This objection of • quod h»i, &c.* 
wa5 not moved by the prisoner at Uje oar, and 
therefore we did not expect to speak to it, 

L. C. J. It is started here now by the coun- 
sel. And it is a question truly with tne, whe- 
ther tbia can be any way aetisibly applietl, as 
you would have it. Surely the tnnucndo can 
never make it go<»d, 

AtL Gen. My lord, I say flintf all the in- 
nurndiii out of doors, th« word;^ Tti themselves 

II do it. 

L* C J. Why **ten we most sec wfaather it 

a good indiotiii : int of form, or ra- 

ther in point of OS you have kid 

lii*^e words, will » mi n. .-cl^ mu' they were spoken 
' de vpge.* It is a quesLiou of great weight 
and oouoemmeijt liotli to the Vmg and to the 
pfisoner, and therefoi'e we must txuce good time 
to eansider of it. before ue deliver a settled 

inion. But V , you very well re- 

tuber thatSta;-^ ^aa otherwise. For, 

though the words Were, tl^a Viof of England 



rege, 

Ati, Of! ^ 
in arrest ui 
now ^tart» : .\ 
huve moved for 

I ome.it 

,.. .nrt ill 



! Sidney ha- • 1 

. that* th^ r 

not sure, llti ungut 



I 



M..; , .r. Atttifuey General]^ 
not up to tiiig. Whcsre 
them^4res that the kin£ 
meant, or any way circumstantially, it d 
necessarily imply that Uiey be m**ant of n4 
one eUe, und that would be goodwi 
averment. Which was the case i>i 1| 

Sidney, where the matter declared in the Uhkt 
was plainly down- right relatini^ to the goven^J 
ment, that * if be did so and so he mtnnt ns-" 

* nounce his crown,^ and the like. Ilow eaa 
that be applied to any but the ' * Tht 

* people of England have comi: vjoaf- 

* dom to his power, ScqJ Why, **>" « ut* rl bt 
interpreted that any body else ts meant f 

Att. Gtn. When will your lordabip please 
to give judgment ? 

L. C. X Mr. Attorney, wt will consider of 
it. It is usual, in cases of\G&& difRculty than 
this, to take time of consideration, t do not 
say, but that looking upon the precedeote, per* 
haps I may alter my opinion, and thert^ore do 
not sneak this to bind myself: but we wiU 
consider of it. 

Ati. Gen, I look upon it that t!te gOTfrn^ 
ment is greatly concerned in this matter, i 
than ten such as the prisoner at the bar. 

L. C. J. It is tnie» Mr. Attorney, ibe 
Tern ment is greatly concerned, and the prt4 
soner is greatly cxmcemed, lor bis alt is a 
stake. I do say a good bdictment might ban 
been made, I am sure. 

Sal. Gen, This is the best we conid mak*, 
for we had no proof to make out any avvmiadt 
because these were all the words he sai^. 

Att. Gen, Afler the jury have found tba 
words as laid in the indictment, was rt ever 
asked of a jury, ' These words were spokeo 

* of the king, or they were not, but jrou banc n«* 
*■ said that they are spoken of the king, for ft is 
' not laid in the indictment ?* Would that etcsr 
vitiate the verdict ? 

L, C. X Mr. Solicitor, pray, would you 
have us give judgment, that the jury < nnlif nut 
find that the wordis were spoken of il 

Mr. Fofierfen. The jury have not l f i i 
they were spoken of thcliing, for thertj ia ii<» 
such thing averred « 

Ait. Gf ft. Nor they have not foun«i 
he not spoken of the king; btit 
found thrin to be spoken to stir np setittioir 

SoL Gen. We are never hound by law to 
aver * that' that we cannot prove. And there- 
fore I put all upon that dilemma ; either the 
words imjHirt of themselves to be st»okf<i af 
the king, or they do not. If ihey d<i not* If 
we had said, ' dixit de dotnino te^,' it looit 
have been proved, and that would have becB 
to have left it to the jury whom he did ! 
And if they bt not aalf-evidenty God f 




301} STATE TRIALS, s6 Charles II, i68-i,->r High Treaion. 




|iiiy iM] be cluirged to find out iuch a mean* 
ny; but if they ant •elf^cfidcmi ibey need no 

Jofl. Hoi. Tnily, we iUink it may be g^no** 
ffiiteooe to « jury, and it is every tJay tfotie in 
cUfK of actions for vronts. It is leVl to the 
jiiry to caD«ider, wheiber be ixit^ut tbe plain- 
US, Joliii*A-8lile9t or any utber : and th« ewi- 
droee 19 lidped by tbis, or tbat circumstance, 
tiwre the words do not naturally nnport it. 

/ust Wtikvt. I do think tliat' tbe averment 
dui ibe^ words were flpokeo of tlie king', is a 
pojat of fact that ought to be arerred and 
pro»«J. Mn^ht not the jury in this case have 
iHal tbcy wort? not st*ok«*n of the kinif ? 
If they had touml that, i«hv they wiruld bave 
•ennltcd htm ; if xUey h»d loiuid tb«y were, 
and you bad not allt^ilged it, uhy then they 
htd fmmd mure ib&a the imUctment would 
Wmd tliem to* 

/^ C. J. WeU^ tills is only by way of dia* 

C0un>e4 not that we bt«d our«elve« by our pre- 

opinion. We uuuii Jottk upon it. We 

Ijfive our judgment auddenly in a case 

nature. 

Nofth. Wtl] yaur turdahip please to spare 
■It line won] ? 

L. C. J. Ay, Sir, let etrery tnan be UearJ, in 
€Md'm aaifiew ' 

flh* Nvf tk, Bf y lord, m U> ibts ohjection » ' quod 
* ns* idalfeS to the two wicketl klii)^ spoken 
<M JMlbefofv, tUfli (?annut be: for you take 
mtUetllhfti Uiese worda (?f tlietwo wicked kiu^a 
ffilite III tile fAle kiD^, aud to the present, as 
Ubc iodielnafit i«yi. One of the kin^ is dead, 
so llitil ym cannot understand it to he of the 
ivfoitta^ that should overcome their ene- 
a liiti till} therefore it must he the people. Tbia 
^■^JBpdtia' bctnga nouu of ruultituae, aud taken 
^^^^M |il«tml Dumber* l^tsi will ?ery well 
I oMeioic 

L C /. Mr. North, the ar^raenttuma both 
way« Ufoa tltat^ and certainly he did not rx- 
mam btsisclf aller that rate. It k so Wmn a 
UO|^lli[|felber indictment, ^ truly I bare 
i9roe i««D. For my part, I would know how 
it enoie to ^si, tiiat v^e abouM not bate as 
itKh certainty in indictmeots, as we hare in 
uf*oo die case ? 

Ocn. My lord, there must be certafnty 
casea, and we think there is ecftain^ 
b in tliia lor your lordship to gii^e judg^- 
Mit npon, 

JL C. J. Mr. Attorney, I believe if you sat 

our places you won hi not iltiuk so. All our 

oks rtsfuire j^reattT cevtaiiuiejiin indietmeuU, 

llflm to acLionn on iUe. r:tse : nay, in causea of 

iblifiaUire, we are iKitmd by our law books to 

^aC counsel for the pii^oner, which we are not 

b «ini c«ti!6€^^ where the prisoner may clioo^e 

hm aiwn counsel. And we have not one act 

tfpafJ«iiuii'£*t Ui U*f\p ihe defect of forming in- 

feii H in civil ojctioDs, but fitiJl 

aall ^ lie in Jeofails, there i» an 

<Va^l«iHi res, to shew that our 

ianannri |» uncertafnti^ or in- 

m iQ€m» where tba lile of a man 



was concerned. This iseetna to carry a gveat 
considemtion with it. 

Ait, Gen. IMy lord, I wa« yery wiUiDg and 
denirous your lordship should assig'n the pri- 
soner thy* learned counsel, because we did &up- 
posQ ihey would have produced sotoc preca* 
dents of a l»etter form than thi^ : bat tbey hsTe 
cited none, 

Z. C. J. And you hare cited never liuch a 
case as ibis, Mr. Attorney. And if we can 
find no other like case, we must be governed 
by the reason of the thtng^. 

Alt^Gen, My lord, we hope you will ex- 
peiljte it for the sake of the ^vemment. 

L, C, J, Certainly, I think it is very uu* 
certain who are meant by eneniies ; it may 
be Wr Solicitor, Mr. Attorney, it may be the 
court, no body knows who it is : for every 
body knows » that to preachera in oimventialaa 
aufl to thoMC ihat meet there, the judges, and 
aN that are for the support of the laws, may be 
reckoned to them as enemies. But when it 
is so uncertain who are meant, how can we 
supply it by such an tnntiendo : That ihera 
mig^ht have been a good indictment framed 
upon such Words as these, as he in all proba- 
bility spoke them, and he justly found guUty^ 
is no Question with me at all. And (as I sauI 
the otlier day, for the sake of the auditory) if 
he be guilty of speaking such words, and o 
treason in ii(>eakmg them ; what will tjhey be 
guilty of that were present, and heard the 
words spoken ? They may thank Go<K that we 
have a gracious king, that dues not take all the 
advantages the law gives him against thosa 
that break his laws. 

Sdi. Gen, I^Iy lord, y ou r 1 ordsh ip tvas pleased 
to mention Sta ley's case io me. As 1 do re* 
member It, it is not as your lordshlu says : but 
it is, That he, to perfect his wicked 'tjeason 
(speak iiig of the king) said so and so, Now, 
if an aveiincnt be necessary, this is a naughty 
averment ; for it is not positlvaly averre^l that h* 
did sjK^ak of the king. 

L. C. .r. Well, we will look upon it. And 
I would ask you, >Ir. Solicitor, wnether if he 
said (as it is most likely be did) If you wdl 
stand to your principle^'; and you put in ai 
t/>«, whether that would be gfi>od ? 

SoL Gen, My lordi we put it in as the wit- 
nesses swore it, 

Zr. C.J. Theytlid ^wearthc words accord- 
ing to their apprehension ; but no doubt of it, 
in common form he must speak tljem as I 
say. 

Alt* Gen, They swore the words so; and 
we could lay theni no otherwise, 

L. C. /, 'Well, Mr. AUorney, will you moTc 
any thing? 

Alt, Gen. No, my lord. 

X. C. J. Then we will consider of it. And 
take 3'ou back the prisoner $ and yon shall 
have a rule of court to bring him, wheti tiie 
court is ready for judgment. 

Then the prisoner was carried back to the 
King^s- bench ; and no judgment was given 
that temi ; but the oext t^in Mf. EoaeweU 



303 : STATE TRIALS, 36 Charles II. 1684.— TriW ofThema^ RosewelL [304 



pli adt-'l the kinijt's nanlon at the baroftlic 
c«.Miit of Kiri^*s beiicii : niid ^^as discharg«»tl.* 



The tono>\inij is a Corv of the said Paudon : 

Hex v. UnsKWELL, for iJigh-Tivuson. 

^lidr, 36 Car' 2 Rot. IJiJ. IJ. 11. 



coadunatiouihiis, nii^iirivinnihiis. ronit'deratinii- 
ihus, talsis Hl|p<;:uiliis, tranHurcsisionibuji, riot', 
roiit\ riMiMitionibiis, escapiis, coiiteitipt', faU 
sitat*, ne|r|ifjnL>iit* cnut-4*le&iiteiit\ maiiiitenent*, 
o|iprcssioiiii)ii8, cambi|)artii$, doceptioiiibus, ac 
nltis, inaleiactis, ofieii8',et iiijur' quibu«cuiir|iip ; 
npcnon acccsisar' eoruindeni, infra L*nin* prae* 
dii:t*, tam infra Hbcrtat', (|ii:iin extra, per quos' 
cunr|iie ct qualitercuiiquc iiabit' fact*. |>erpe- 



Ii(n\ extitit pru'hciitat'. Surr. 5S. Juratbres, 
vc. The whole iiidielmiiit as in the TriaL 

Uu«id qtiidi'iii iudiela:nentuiii Dominus Rex 
iiiiiir ('(H-aiii CD |io>tcn, ctTiis do causis, reitire 
ia-it '.MT.iifmiur, Vi*. I'erquod pnecept' Itiil 
\ 'y cum' (n-u'dit-r uoii otmti\ Ve. quin caperet 
< u.ii, si, S:o. ad r«'siKiiideiul\ Vc. Et niodo, 
sciP, d>e Jtsvis i>ro\ post t tin sept imanasisanrti 
Mieii;.;'lis, isto eodein termiittt, coram Domino 



Surry, s*. Alias, seil' die Martis, sciV S4^ptimo trat\ si%e eoiiuiiisHa, et per (|iios, .vol per quciii, 
die Octohris, anno regrni I>omtui nostri Caroh ciii vol qiiihus, quando, qualiter, et quomodo; 
tfcnindi, Dei «p-atia, Anirliie, Scotiiu, Franciir, ac de aliis artituliMrtcircumstantiis pnemissa, 
et Hibernixe Kp<;is, fidei dcfcus*, \'C. tricesinio et eoruni, aliquod \cl aliqua qualitercucqnt 
sexto. Per quandam inquisiti(»neni eapt' pro coneerP.en% plenius i eritsit', ct ail easdeiu pro- 
sereiiissimo Domino Reiri; upud Kiii^sion sujicr dition<'K, et alia prteniistia aiidiend* et exami- 
Thames, in coniitatu JSiiit*, coram tiiMiryio naiid* ;i:isi(tn*, st riiudum le«>-cm et consueiu- 
Com' Herkley, rr:ir«"isco VV vtlu»ns Mil*, inf dincm rcjyni dicii Dom' Koo/a Angliee, per sa- 
tfustic' dirti IKouini Uc^i> :td placita coram cramcntiini diiodccim jiir' proboriiiii ct ie^- 
ipso Re^clenend\i«isi£rn* ; Thoma .Icnuer Mil\ iinin hominum com* pr»dict\ qui adtmic et 
un* S^rvi^a' dicii Daniini Ueu'is ac iei^cm, nc i!:;d*'ni jiuat' ct nni^rai' cvisten* ad inquireiMr 
Hecm*<l-jtor civitai' Londtm ; Adamo Brown, pro dicto Domino Rc£^t*, et corporc com' prse- 

Har', Francisco Vincent Bjir\ Kdvardi» EiViiii '" ' - *'*' ' ^' ' 

Mil' ct Bar*, Jaco!»o Clarke ^lil', ( -i^risloi hem 
Buckle MiW llichardo licath Si-rvicn* ad j 
legem, Pctro Rich, <'t Stephano Har^n\ \rni', • 
.fustic* dicti Domini Rejjris, per hie.-f:*; pntc!:t4 n , 
ipsins Domini Rtifis cisdem .IiisJic' pra-iio- 
luinat*, Oi". qnihuseuiupie trihns \cl plmihiiN | 
porum, sub tnagno sii^ilto d'cti Domini Rc;:;;is 

Anjjliie.confe^-.t*, :id iiujuir: nd* p<:r sacramentuni , — ..,., „.„ .^„„„„. 

probornm«.t lc.;^alium h'»miuvmi com' praidict', ■ Rc^fc a|*ud \» lMui', lenil' prjcdict' Thomas 
ac alii'i viis, modis, tJ inediis, quihus melius I Rii-t-.i. !1, st'.h coshhI* euhtod* ])hsoD' dc le 
sciverint aut poterint t.mi iniVa liherfat', i{uain j (lat^iioub:', \Vcslmini;!', in emus custod' 
cxlra, jM-rqnosrci v« ritas i.mImis sciii poierit, ! pnianKa f\ cuusa praMlii.1' coumuss* fuit f ir- 
dc qnibusruiiqiio p!»Mli«i*Mii!Mi«., J|♦i^;M•isionih;•,^ j Pit*' Invvis dicti Domini Rci^i?* de Habeas 
prodiiioninn, insi.ui « i-ou.bas, ri!n.:ri«i!?il,ns, , Corpc^, ad Mihiniend' ct r»?cipiend' ad barram 
conlrafractuii^, lon.'iirMi.nir'.fnlsisiUl.rita'ii-n- inr Jiuri' in p:-o|,na))e>v>n*sua,qui committitur 
ibtis, et alii-. !:».! •■ta»' Mioncla; hnjii*; n -^'i;! \n'4iiit\ I .Man', Vc. Va Matim dc pnemiikVis ei siiiierius 
ac aliornni K '^-nifnuu, sive domii)>.»ium qnor- I iiupi.-ii'. all 'pmr. qualiter se velitindcac- 
umcmiqne; ac de tpjii:iiKf'iniqne irnir(lri.s, it'- , qnieti'.r:, 4i::.mi. Mi.cifl :psi.' in niiUo c^t iude cul- 
loulis, homicid*, iMtirfcctioiri ifs. lMiri;Iav\ = jiabiliN. .ct iii'!.- <lc bon<» (-t malo ponitsc super 
raptibtis mMl'crum, c«'n!»nLfuti.>:jil.us a<* con- | p'llriani. i^^^.• \imi' inde jur' ooraiu dicto 
\enticulis iilicitiK \eriM>ruin prolationiiMi^c. l)nniini) R< ^'t apud Ur>im\ die Martii* in 

- - - ! ju'lal'' sancii 'ViJUlifii, per qiHK, ij^c. Kt qui, 

'^ This case is reported al«JO in :J "Moili'm .'i j \:c. ad nr.f^n'. \.i\ uiiia, .Vc. Idem dici 
jnd li Shower lit. The lormerol'thosi- nrpoits. ; dal' c..;t pr.vh'' 'fii«»;ni. EtustTWt 11, sub rustod' 
after briefly noticin*jf the ari^fimu'iit.s ibr and ; prii.-iai* ci:stodi.> pi-ison' dt> le Ciatchouse 
a(fain«it the motion in am ^t oijitd^'mi lit. pr<)- ' U(*sim' iteriun <-(>niiiiis.<', saha cu»U>- 
cerdsth'i^ •* Curia; ucnls n>a\ he :mi overt e<!, i dliTid* quouMrui*. \r. .\d qui-ni quideixi diem 
but tlicn the;, nuistbcsor-crlaln ami positiva«< ! iiarli.-: in o<.t:.i.' .>^*v<\ !Vlartini, coram Do 
plainU to dci.oL* ilir inl<Miii<»Ti oflhc -•— ^ - •"•••■• »*"• 
Jf a man should tdi ano'hcr tii.4t 



s|K*:ik»-r. 
lie would ] 

drive the kin-/ n\\\ of I'.mxiai.d, the:*, t-.c; •..•> !n» 
a\ermt'iit tint surli \v,»r,I^ were .n|'o1:vmi dc 
rejfc, heciusc thc> lend unnicdiauiN to dep'»sr ! 
thekin{;, \}y\\ if he had s:»id that he would 'jry» i 
to U'hilehall and d«st.ro\ his cneniii-s, liiai is ; 
not treason withoui an a^criiient. ,'itii^iiK'i?t i 
Mas arrebtct!.'' ; 



nuiii Rerf apusl >>c»»t»u', vcnit prwdict* 
Tl!«iin:> ii'»s#».vi*!l s;'.b i I'.stod' pitefat* 
ei'.*i«Mr priso!!" li*' li (ia...l.MU4f Wcstiii' proB- 
dici'. viriulc Ir.cvis i;u*.Mu:i lic^^is de Llalteis 
Co!pu>. ad Mib|!..io:;d', \c. ad hiirram hie duct* 
in p'.'ojirii pervaip sua, tpii i i>nuinttitnr Marr*, 
Vc. I'.t jiir' pradiii' per \ic* com* predict* 
nd l:«»v» impanciii!,' ». \:Kt' %en\qui ad ^critatem 
.lectV 



p.*umi5Sis ilicnti' elect', triat' et jin'ar, 
In 2 SSbowcr it is riifhtly state I, thai the i ilicnnt supi.r safn'mentuiii sumn, qu«»d pne- 

' diet' 'I'homas Ro>fwell est culpahilis de alta 
proditione pne(iici\ in indictament' ]irsedict' 



prisoner was pardon*".!, .mid at the ciid of the case | 



th«. reporter says *' Tamcii quuuc c»f the l.iw ; 
for the sticn^li ol the prisoner's defence «m 
bis trial as to ihe fact char^'tl v\ps thoi:tcht the 
In.'st of his ca.se." St-ethe reports of these eases 
iu Leach's ftlitions ul' Shower and Tiiod. Rep. 
ttud tbti Editor's notes and refertuccs> thereto. 



specitieat', modo et f< rma pront per indieta* 
mcnt' prtT-^lict' Hupc rins \ (.rsus cum suppuuitur. 
Ft quod idem Tho* Rosewell t(^mpore perjie- 
trationis alta! proditionis pra;diet\ seu unquam 
l>08tea, nulla nabuit buna seu catalla, terras, 




J'tiriiiii'iiuiii!* 

ii si ijuitl 
curia hit; 
prrtcetlere 

Fnmciffi, 

r, ^c. jwr 

»' tlat' apitd W'cstm' vice- 



fdasifit, wc per easdem literas p«tente9, 'pro 
m^ hmt€A\ et successor' suis (iardoDabttl» f^ 
nikl«dbiti «C relaxabat eidem I'hom^e Hopewell ^ 
I TiiouiK Rosewetl luiper de jmroch' 
* Hr^Ms^ in com^ Hurt' C'lerrco, seu quo* 
lim nnmine vel co^Dumiiie, seu m\iii- 
lonunis, aiU loci^ idem T. 
.<^3tur, vocetur, sive nim- 
Kr, *ui iiu[fi.v acwbauiv^ censebatur, Toca 
nr£ mint upa!iutUE', omncii proditiones, 




EMJtli' 

Wettlki* I' 



fat' Thomas Hose well in 
»d»« jam iilr* olap^\ in 
Ls, cmum ipso Rttije apad 
t* si?e iiUinctMiiii ; ac 
....i tjiauienr, jiidid;i,iunvic- 
iiiones, exectiLioneu, impiiso- 
Mttn ni^, H niniu's iilins [icftias et 

Mn&i iitMjut* supf r vel vrtsM^ ipsiun 

jW^. sHi, dr, pi'o, sive roiiceriteii* 

freniitfsifiiiieurvirtiiii aliqtio IiuIjIi^ t'M'i\ leddit*^ 
•(Ti» adjiujii^at*. rtit iri pivstrnini huljen i\ red- 
^£Did% lmc'icind% - li<-tir>d\ neritoii om- 

d soDgiila 11 L. . iis dirhim Thomam 

itiooe ;cu oLtaKione pneinisvf»nim, 
li({OorV%f I iiticii|ii«i pi^>iiiu)L'^ut\ stive 

.If. 
ip» I lit , ler- ! 

■ISetljr II iu (uUtro habere; 

tjUri^ ?sw)re5 dicli miper ( 

W((J»« pulrnHl in iiUufii. [ 

ttBUfiMiuc pacis ipkiUA tiuper H^i^^if*, rpiiP ad I 

tam ntipsT !l« jr*:m vcr?n»; |)rn:'tht' Thnmam j 
ttfim^ ' ume \ 

ct fintiiLiu a oup4.r lU_:i£« ^i iude i 

filial H our , f tmsdem htiras patent*. 



comitrs^ Jostic*, Dani^oa, aitt alios minifttrtvi 
ipsiiw nuper Ue^ii/ lirtriMp, sea fiuc<>t?«mf' 

Mtoiiitn^ cK-'Ciisioue pnviuwbor*, fcu corutn 
ali^ujun, iTiolc^tt'tiir, arcHvioiictur, |K*rti]ii>rlur, 
Kcu in alifjiio ti^a\etiir; \olens ijuud ra'dcia 
hlem? aiitt! paU:nt\ quod oruriia tt smcruhi 
pra^imfta KUperivts riiciiiioual', l»on\ Ijiui^ 
%aHd', Miif<cieni\ ni effectual * in lege sin! et 
eriiit, licet crimitia ft ott'erw' prndin* mitmii 
oertc I5p*><'i|if^i' exii»tut)l ; tjUfHlipie j^ardvifimio 
J i la in or: i ' dicti nuper R* ; oi, 

iuti:frprct ulicetur m betj« o 

iiO»is*i, pn> rjn.KfJii ^'ine pn'iar i no* 

tiwr Uo«ewell, ae Letur et alloretur 

in onmihus cur' u+^ ^ n^^y^x Regis, cili»(|u^ 
alirpio brcvi de alloeatioiie in ea [mrt^ pniis 
ohtent* Siive obtinend\ non ohstaot* stanit' in 
pariiatTienIo, anno rpi^ni diet' niiper Reg'ta 
decimo terlio fact' ct edit\ et npu obstante 
atiquo defect^ aut aliquib us defcgiibusin eisdcin 
litem patent* content^ aut aHqtio alio staiitt% 
actu, ortlinatione, provisioned proelaraatione, 
Bivc restrictione^ ant atiqua alia re, cuuiia, vrl 
muteiia f|uac\mqne in c*jntair* iiide m aliquo 
non obstante Itatanii-n quod dicuis 7boina« 
'* II tal' bon' et su^r' sccitntut' de s# 

end^ a dal' lilerar^ piilent' pranijct* 
-^ii^t uicium nupcr H« sjcni, h«i*cd\ et sne» 
i?««ores snos, et cunctiun populnin snum m. 
veniat) quat' appuuLtuat' et iiniitiit^ ent iwr 
Capital' Justic' de ottr* praid* pro trm}ir})t» 
exi»siten,' Et idem Tlwmas Rohow ell prof ert 
hie in cur* Uterae patentespracmls&a tei^iiltcantes 
in h:cc vurba : 

Carol VB senindu», Dei gratia Anq^lii 
Scotiic, rranciiu, et Hibernian Rex^ tidci di 
tensor, 5cc. omnibus ad qims prseseotes lileras 
nnstne pervenerint, anhitem, 8c » at is, quod 
nos de gratia nostra specially ae ex ceita 
^ientin, et m^ro mom iioMns pardonaviuiuSf 
remisinius, et relaxavimus, u ' enteis 

pro nobis, ha.Tedibiis, et sticc i A>stni 

]»ardouainus,reuuUirunfit et re! . itomee 

Kosewell, nuper de paroeh* dt^ l.'i I; '. aie*>m' 
iSurr' Clerico, sen qutMHUique aliu» £ji uuhc vel 
coiriiotnine, seu adilitioue nornitus, ant loci, 
idem Thinnasi Rose well sciatnr, censeatur^ 
voeetnr. mxe nuncupetur, out nuper seiebatur, 
cen^ebafnr votTabatiir.. sivenuncupab.itiir, omneg 

Jiroditionfs qua^cunque, undt i i nma** 

l^osewell, in tennino saneti.M:< i idt' 

elMpK*, in enria nosiraeoram noln-^ apud \Ve*1 
monast* tent' ronviel* mc aUinrt* liiit ; acou 
' nia ft ■ ^ ''■'■;,; ^ • ■ ','.■: 
I eonri 



eS^H 



•iPHIf*^ lUKl^ 



J,^*Ll^^.^, 

•c super vel ver^u^ i| 

■- -^ <^^j !>"' -'^^^ 

p*:** miosis, seu eoruiu ul 

rfMidit\ sive iidjudicaiS ani i , 

reddendo faciend^ sive adjudicand^ nee no 

Onsnia et singula utlo^ar* irersus .ItcI' Thrtmnii 

Hoscwell, ratione seu oecHsion 

seti eoruni aliquonitn vel alim 

sive in iM>8teTum promulgaud\ ac oitiuia e|-| 

ornnimod* sect\ quert'l*, torislactirr', impetiti« 

om^ et demand' quiecimqu^, qutt uim 



Sfl] STAT£ TRIALS, 36 Charles tl. l684.— Trtbl of JoKpk Hkifes, [80i 



tpMun imtime fnemiKoram, seu eomm alicujos 
b«Mmm, habemiHi, seu in futuro habere po- 
teriimitf, ant hmred* ceu successor* nostri u1k> 
modo haliere poterint in iutaro, seetanMiie 
pflcii nostrv, mut ad nos v«nas pnetat' Tno- 



Rosewdl pertineat, sea pertinere po- 
toriat ratiniie pnemtiaorani seu eorum aliquo- 
rum Tel alicnjus ; tt fimiam paoem nostram 
ci inde damus et . eoncedimin per prasentes, 
volentet quod idem Thomas Rosewell, per 
ViceooraitoB, Justiciar', BaUivos, aut alios 
miniatrOB aostros, haeredmn, ku sucoessor' 
DOttronmi, t>ecasione pnnniasoniin, seu eorum 
alicujaB, moWstetor, occasionetur, «u in 
afiqno graretur. Volent* quod has liters 
vostne patentes, quoad omnia et sinifala prse- 
minaaaperius mentionat', boose, firmse, valid', 
•■fficieBt% ct effsctual' in lecfe sint et erint, 
lioet crimina et ofTens' pmhct' minus eerte 
•pedftcat' ezistunt, quodque hsBc pardonatio 
nostra in omnibus curis nostria, et abbi, inter- 
pretetur et adjudioetur in beoei&centissimo 
aensa, pro firraiori exoneratione prefat' Thonme 
Rosewell, ac etiam placitetur et alloeetur in 
omnibus cunis nostris absque aliquo bi«vi de 
allocatione in ea parte prius obtent', eIw ob- 
tiaend*, non obstante statut' in parliament' 
asBO legni nostri decimo tertio fact' ct edit', et 
non ob^nt' aliono defect', ant aliquibus dc- 
feetibus in his literis patentibin content', aut 



aliquo alio statnto, acta, ordinatioiiet'pmiaioiie, 
proclamalione, sive restrictione, - aut aNqua alia 
re, causa, Telinatcria quacunque in ooDtrar' iiiia 
in aliquo non obstante ; ita tamen, oodd dttA' 
Thomas Rosewell tal' bon' et safficwn' Mea- 
ritat' de se bene gereod' ex nunc erf^ noa, 
hcred' et successores nostros, et canctnm po- 
pulum nostram inTeniat, qaal* appmiclMlf 
et hmitat' erit per Capital' Jastic^ de curia 
prsdicf pro tempore existcn'. In enjosm 
tttstimonimn has literas nostras fieri fiilMsi 
pateotes, teste meinao apud WestfflOBUl' 
vicesimo octavo die Janaarii, amio regni m*- 
tri trieesimo sexto. (Per breve de pnvHa 
sigriilo.) Babkbr. 

Super qno vb' et per cur* htc intelleet' om- 
nibus, et singulis pnemiss', cons' est per eof 
hie, quod predict' Thomas Rosewell (sob on- 
ditione mentionat' in literis patent* snjgcrisi 
recitat") de ahis proditionibas predict' mta- 
dictaoient' pnedict' superins specificst' exoM- 
neretar, et eat inde sine die. 

On the Back of the Pardon is written M Al- 
lows: 
Ista Charta nlaoitatur, allocator «t ii filii 
tatnr de record' ooram I>omino Regv lodd 
Westm' terroino sancti Hilar', anno regni tH* 
mini Jacobi secmidi nunc Regis Aiifl' Ue, 
primo. 



' That he being: & f«lsc Traitor agiinBt Ifae 
« king, &c. the Slst of Aoj^ust, intha SSlh 
* year of the king, knowing sir Thomaa ina* 
« strong to have consptrni the death -of thi 



310. The Trial* of Joskph Hayes,! at the KingVBench, for Hjgh 
Trea'ion, in corresponding with Sir Thomas Armstrongs aa 
Outlaw for High Treason : 36 Charles H. a. d. 1684- 

]Vf K. Hayes was brou^t by Habeas Corinis, 
upon the 3d of Noveiuber, lG8>i, from the Gate- 
houRe, and H-as arraigned upon an Indictment, 
tA) this effect, viz. 

* See Sir Thomas Armstrong's Case, p. 105, 
of this volume. 

f '* In Armstrong's pocket, when he was 
taken, a letter was fonnd writ by Hayes, a 
banker in London, directed to another name, 
which was believed a feigned one : in it credit 
was given iitm upon Hayes's corres[ioudent in 
Holland for money r he was desired not to be 
too lavish: and he was pnimised, that he 
should be supplied as he neede«l it. Here was 
an abetting cf a man outlawed fur treason. 
Much paias was taken on Hayes, both by per- 
auasioD and threatening, to induce him to dis- 
cover that whole cabal of men, that, it seemed, 
joined in a common purse to sup|4y those who 
0ed beyond sea on the acxnunt of the plot. 
And they hoped to know all Monmouth's 
friends ; and either to have attainted them, or 
at least to have fined them severely for it. But 
Hayes shewed a fidelity aud courage far bc- 
joimI what could have biecii expected from such 
a man : so he was brought to a trial. He 



a alnnig defence. The letter was not exactly 
Klie kis haad. It waa boC add w iw a d to Ana- 



strong, but to another person, from whomte 
perhaps had it. No entry waa made of it ii 
Lis books, nor of any sum paid in upon it. Bal 
his main defence was, that a banker rTsmhri 
into no person's concerns ; and therefore* wkm 
money or good security was brought him, hi 
gave bills of exchange, or letters of credit, ei 
they were desired. Jeiferics pressed the nufi 
in his impetuous way, to find Haves guuty il 
high treason ; because, though there waa Ml 
a witness against Hayes, but only |iiiemM 
tions appeared upon tlie proof, yet, JefcM 
said, it was proved by two witnesaea that ihl 
letter was found in Armstrong's poekct ; aed 
that was sufficient, the rest appearing by cl^ 
cumstances. The little difference hetweoi Um 
writing in the letter and his ordimury ■ 
was said to be only a Icint to hide i^ i 
made him tlie more guilty. He requwed Ihl 
jury to bring him in guilty : and «aM« thai Ihl 
kmg's life aud safety depended upon thia Hiall 
so that if they did it not, thevexpaaed ^ 
kii«r to a new Rye-Pbt; 
vaoaoeMLWishi 



, tiievexiMMiltM 
with aiharcHMi 




• bur, •»**•" 






10^ 




fSrHigh T^fwmn- 



taCbrt, aod mjn; 

AtiJ ttViitiU ir.«iii I 



UfOD ibc 21st of >ovcuiber, 1684, he wj$f 
brwu^jhl to Iritil, l»elurc ibe lord cfiiel' jUfUve 




ictj/" 



Burnet's 



a* « ctli^^n lltut b^ £ieflcries] 

i lit km ftmtcnleii f L.«s«n ; anil 

ai the irot, ap|i«i '4 biro otf 

viii Ibe jonr : wlitCiliv II r I 

•A iiMnn i' t4f r at Mt QC^-^ r 

Hv «pniiti^ lit tlie 1 H ^vas not seen 

becofno friends. Upon ^^ 

•*l, «, p. toy, 8vi> milt (if t W«. 
•• Nwf. 3, 1084* Jciseph Hnves 
VMftlv Udbctts Cnrpufi friMo ihc 
%^ Koifl^'ft-bctich tuir, and Mfa« t&rrat^:Laii on 
«ijiMMi*M uf high tr«aioa, tor cointiirtiui/^ 
^^^* Mii reliBTUif sir TlioiiMuK A 
ft loi^ U> wliifth bt {i4«wleil ^ 



■Bt^yi truU by a uiry of r 
Ai^a4i^ alt#<T u rtiulK*ri*rtr u;i 
llr ctvf r«Ml* 



rli.i 



vo or 
ti<»ma« 
^ g>miff by ibe iiain«? of Henry 
iBmnmm^ and Mi»t they had stsea a bill 
itefad W ocir Jos liiiyes ftnr 161/ 5t. an 
Mr. Itnkci'lfai r^, Utm^ U\o money for 1,00 
pnaM p^iil m l^mioti; Uitm xh^ve wu.h a 
ying iho ttme, ilireck;J lo Heniy 
Bubmxiiied JiMiepli Hayeti^ whie)i 
■botti m T. Arn>«troii(^ wheu he 
ttufciwi; iWa wii* t*' '^* ' ' *'''"' '■" "* ^"iic?r** 
badky CMslbatH I ■■■U ^ 

•ba hy CMiamarictg u ... j:si of 

Uik TW jA mm a^a defetici^ was in utuking' 
' I on ibe atideiiea which \> ei-c very per* 
aa «lan b# €jdl«d »iov<<-.ral persona who 
'lia laymlt}', cmiit anc] Minvioiir ; 
Itba jtirj, olC ' s be- 

lli cnmu in a;i Not 

ba traa diJchxir^eLl/ «\drciuuii 
L'i ** Bnd'HMoricalllutatiori, ' MR 



L. 


ruetit nms thus: 


Ji^ " 


phits R.'iye^ nnpcr 


OOtl' 




►fwnr" 





Jf (IVi 



.Sopu% 



den, Jofia < 
B 

Th« Jury 
Danit:! Mkn 
Daniel Tew 



1,!,.-^ Ili^Uo 



luik't- WiltiUi^. 



■ u ib 



Wulle 



I rid 

4 

re* 






?!Worn were, 



reg' 



b- 
■ U^cta 

i' 3ia* 

et 

^u 

Dooi* 



* spiravuise ct iaiagiiuil 

* destruction' diet' Don*' 



Samuel Shesfijirdy 

t. Adam BeUwpy» 

> Dewaft, Eiiwai'd 

Ell word Checke^ 

Then the ladictineDt being read, Mt* Bol> ' 

* ponderans, s«d iniitigatioae diabobca oiot' «il 

* seductV iiiu i i.-.rk wMjisu etdtbitain, i^t uatur- 
' alcm veru* et fttld* subdrl* 

re tinetui 
> stuif int'. 

' mfjnt«iiir^, Hiule^tai^e, et ju i 

•i rebeUion* cuntva *1 

re et mo>ere^ *»i u 

^ Hum :' ' : 
*diaM 

* not]liiit% tf>rou iii]||K nm it4;rii 

* f'Oncre, dtjicera. e( dcpriyarei > 

* He^eii) ad fiaar destrtictiou* ..o», 
' poncre, 31 die Auj^tii^ti, annt* 

* Curuli secundi mmr Hr .' in 

* a pud parocb^ ^ 

* wai'da de Basfci^ i 

* quenflam Thomaiu /Winstfoni; uupt^r de Loo^ 

* doD Mlbt\ ut faii^um [iroditor, proditoric C4U|* 
V fuisse mortem et fintl* 

Reu-', el pro eadem 
proditi^ ■■■■■V |»r«d^ 

Johajir cto 31 

die Aiij;*i-n .uiuo rt'L: «i»ri i"»iu ito'^is n 
23 siipmd', ct diversib uV dii-bus^ rt »iaJ 
tain autea qxuun po^tea, npinl | 
^liebaeP B^H^iiihiiw, in \v:uil:v : 



ncti 1 



' 1 m cor- 
catic' SLUT 



't. 



^ tuiiq el ibidem pru 
' tntione^ etmantileiiiioji' 

II* sd centum ai t|i Ubia^ 

monel' Ai^^i^ mat i uosio, el 

et solvi c^u:i.oiij coulna 

lum, ac contra |iaeem diet* 

I'oiii . cumn*> el dicniiat* sitaa, 

'ikc.nt A formam slutuli/ >k€, 



311] STATE TRIALS, 36 Cuablu II. l6U^Trutl ^ JoKpk Hagn, [SlS 

ttetiy as counsel for the kio^, opened it to the 
jiirv. 

Mr. Atf4}r,i€ff Ofintral^ *Sir Robert Sawyer.; . 
KiUiv Sir Thomtift .IrrnMron^ )i»l fled, tbe'pn- j 
contT TvWf^eA and aid«>d him with money, and 1 
thit, after he was indict^!, and sued 'to the j 
Kxifrtnt ; iN^KiiJes, a pmchiniatkin followed | 
ii|wiii liiK flight, which was a sufiurient notice \ 
t^i oil th<: Icin^'f* subjects. Sir Thomas went | 
hy the name *A' Henry Lawrence beyond sea ; 
by that narnc the prisoner held a corrwpond- . 
eiifc with him, and sent him a letter, dated the , 
'Z\st of Aij(.ni>.t. and tells hiTi, he bi.d sect hiw 
tthilltjf f ?:.;!. an r/«: for Vi^^t. drawn upon hU \ 
hr!iiii<?r, l«,:u»-l il»;v< -^ who was ac^iuaiRted ; 
Ufilh sir Th'iiiiT,. If it ^x-re not for these re- 
fti'iviiijr jin/{ hoi:r.".,l.iwc: r-f tr&itors, they would 
nut lurk at Anrtiiiari*, as ihev do, I'Le letter | 
viitNtik* :i avjui -iir 7 !i'»r!:ab. and we shall prove . 
it ij* the ;>.•.■ -'.riM-'^ it uwi- writing, and that sir 
Thorn :i*; ur ••:■. tA t*;t ftjom-y. 1 hope you will 
tuki; cfiP-, t,y ( »• ri\ ictinyr this ^i ntleman, to i 
Ktop ihi- I'MiriViii;, V. iiich ivsiu-s so much supply j 
to llir.w trail.,,.* Y,\^'^ j„;k i.Ijr*ad. 

3«r. /y'lf/'..-, i!; :ii iiifiriiiefl, that he never 
kni»\* sir 't noTrKis j.i liis life. 

Th#ii iJ." liidii;tiiu;!jt a<|aiDst sir Thomas was 
reuil, which was found tliu r^th of July, and 
Mr. tilover provf.d a copy of the kiniL^s pro- 
clamation against sir Tiiojuas, dated the l^Bth 
of Juno, VJ'fVX 

TIm'u Kzikifl Ercrls was sworn, an«l testi- 
fieil, that in Au(ruxt IGiiS, \u'. was at Clcrc in 
Cjisrniany, with the lord Orey, who went hy 
the name of Thomas Holt, anH sir T. A. came 
thiihffr hy lh<; ii.'ii;ir- of 'Ir. Hrnry l^urence, 
and slii:wid hini a Kill of ('xchaii^r^T fi-om Enr^- 
hnid, upon Mr. Isra« 1 II;»y's, in Ainsirrdam, 
lor l(>u/. odd mom;} ; and that it \%asfor lAO ' 
guineas, p;ii«l in Mii^^latd : ami he toM him, it ; 
wioi diiivvii li V .}o.M|i!i I iuyci, and it was signed i 
Josi ph H;i\( s ; and tlic lull wns accjptf d, and 
1h! kuw Isia<.l llay« '.V If:'.^ r to sir Thomas, by 
th<* nunu: of l/nMixiu...-, whirh uionlioncd th'j 
9cndin^ th^said Mini X't ('!< \f. 

'I'Ih- t'oiiniioii S .jtuii ((.'risjK') then d'-li- 
TeriMl a parnl of h-iu-rs into tin' ccinrt, and 
fiivon* that h" rrcrivi.d tin ni of thf lonl Cfodol- 
idiin, and tlit-y Ind hct u cvd* since in his 
(inndN. 

'i'lit* Lord (iiulo/j hln t!ien tcMificd, thai he 
riM-fivrd thri-<- IrtlfM's iiriidiir(d in court, from 
Mr. t'onMaliic, ."Mr. t'liiidl<y's secretary > who 
toM liiia tiicy \tt'i-r tal. S) aitout sir Tlit)inas, 
tli:iton(M)f thi-ii\. I'.itluMit a:iy name, mcnliom'd 
l'iC»i;nin ;nl'nt;'.! {u i.{<iu\ I.aur('!iC»\ 

Vofi.'.t h!i !■ ■liti; 'I, Xi.r.i hi* \va> pitscut, when 
thr Seoul nf i*ul».i ,(;•;. i-f Ik nilr-d sir T. A. 
and thai ihr !(iLiis v.'-." 4 d^on out of his 

IMii*l;i;i, :ind iit* hinroill iI. 11\(m'C(I tlicm to Mr. 
I'huillry, wini M,a|c4l th- in i:;i, and sent them 
by him', to till' lord tiO;!i>'plii:). 

VharUi Duris tvs(ifi«(l, tiiat takinpf boat from 
AmKtrrdaiii to Ucti^ rdam, !ic met Israel Hayes 
and air T. A. tomii'ir to take Imat, and bir 
Thomas i^int witli him in the boat, and he told 
tlwiik hiv name u as Henry Laurence. Uavis 



\ 



added, that he loA;^pd a month in one Bria- 
cnwe\ house at Amsterdam, where there waa a 
cluh eren* Tfaurviay : there were Mr. Inad 
Hayes, Mr. Henry Ireton, one W'ilmore, 
Emerton, Dare, antf some other Enj^ish mer- 
chants ; and he beard ifaem ^et eral times aboM 
the king* at table. 

The Atturney General then shewed Mr. 
Hayes a letter, savins*', It may be he will 
sare us the labour ot^'proving it ; biit 3Ir. Havea 
disoviniosr it, Mr. Ualpol^ was called, and Sir. 
Hayes said, lie was my serrant, and went awav 
after a rate that possibly would not be af- 
I'jwed. 

WulpoU testified, that he seired >Ir. Hayes 
almost fuur years and three quarter*, and dad 
beiieve the letter to be 3Ir. Hayes*a huid. 

Huyts. 3Iy lord, in m^itters of trcsaoo, I 
hope \ ou will not admit of compariaon of hndi 
and belief, for evidence. 

L, C. J, Ves, no doubt of it. 

Hayes* It has not been so in other casw, 
that have not been capital \ as pmrtictilariy ■ 
tiie Lady Carr*s case. 

L, C. J. This is tf mistake, yon take idnm 
Al<^emon Sidney; but without all doubt il M 
jftiod evidence.* 

Jud^e Withins. Comparison of hands w 
allowed for $^ood evidence in Coleman's CMCf 

Hatftt. That, with submission, Tiitly dif- 
fers ; those letters were found in his own cm- 
tody ; this was not found in mv posseaBon, bot 
in another mau's, and in anotlier nation. 

Sir John Trczvr, couusid for the king. Tbii 
fl^entleman was a trader with tlie £ait- India 
Company, and made contracts with 
whicli are entered in their books ; we will c 
pare ihcm with the writing in this letter. 

The Connnon Serjeant then railed Hannan 
and Brittle, and demanded of them where the 
Ituuks wvYL' ; and ihev produced them. 

lltiriiunt toslilied, that he kucw Mr. Hayei^ 
and ili'tt he mide several contracts in 1689^ 
and that he sau him in September 1683, iub- 
bcrihc his hand to a book of the company^ 
shown to him. 

iiriuiv t< siifiLH], that hi' is porter in the alreil 
to tin: E.ist- India Company, and that he saw 
Mr. na3L'S write his hand \o a book shewn H 
him. 

Capt. rUrcehiHse produced a note, which be 
said was I>lr. Iltiycs^, and that he suppoaedil 
to Ik; his hand, and compared it with the hand 
in tiie hiHik, and said, that he deliTcred the 
{^oods upon it : and \\ alpole then said, he b6» 
lii-vcd it to be Mr. HaycVs hand. 

Then i\]i*. ::itur(jlirajit was called, and thejT 
showed him the letter, and he said, Here u 
Joseph Hay v.> writ, but 1 do not ktiow it to b6 
his h.ind. 

The Common Sorjcant said, that 3lr. Stm*- 
dtvant swoi-c he did know Mr. Hayes's handp 

* See the 1^:ocee<lin^ in Sidney's CaW| toL 
9, p. nu\ of this Collection. 

t As to the truth of this assertion, See Coh; 
man's ca^, Vol. 7, p. 1 of this Collcctwn. 



313] 



STATE TRIALS, 3(>Chablb8 



befare the grand jury; but Mr. SturdiTant af- | 
finned, the coinmoa scijcant wgs under a : 
wftike. 

T1m» sir John Trevor called for Mr. Har- ' 
iiHiL ; but tli« common seneant answered, ■ 
Tbat be was out of town before he could hh , 
lenred with a subpcena. 

Tben the Ljettcr was read, It was snbscribe<l . 
Jouph Ilayea, and dated the Slat of Aug^ist, | 
1683, directed to Mr. Henry LAurence, iieiiior, . 
U Amsterdam, and began thus, * Sir, at your : 
ttcdre I bare seut you a bill,' <kc. 

The letter and the Easit- India books were 
tben shewn to the jury and to the priKoner. 

Haya denit-nl the letter to be his writinii[', and 
Hid, It is very strange I should not know my 
•va hand ; may not counsel be admitted to 
ihsd, Whether comparison of hands and be- 
bf anp anj evidence in criiuiual causes ? I 
kfc been infunued, it hath been denied to be 



£.* C. J. You are under a mistake ; some 

My has pot it into your head, and puffed 

m Dp with a vain stnry ; there is no such 

br, It is a fiction, a meer whim, only said by 

■r. ndoey, and no ground in the world for it. 

Emm. ' \Vas it not so in the case of my 

Uj Carr ? There is a record of that I suppose. 

L C. J. It was not so. Don't talk of it *, 

Ibtftvaa oo such thinff at all. Comparison 

iff ¥■!• was allowed for good proof m Sid- 

Wff^ OR: We must not alter the law for 

■7 Mr. 

Jit. Gen. Besides this comparison of hands, 
«e Aaflgive an account of the correspondence 
rfike pMouer's brother, and that he recei\ed 
the MMey of him. Mr. Common Serjebut, 
Wloe ha'd you this paper ? 
Cm. Serf. I had them from my lord GodoN 
*'''~ This is an account of the receipt and 
Dent of the mouey ; shew it 31r. Con- 



Camsiab/e This U one of the papers, which 
wm taken out of sir T. A.'s pocket. 

It being sheun to the Jury, one of them de< 
■aided, Hhcih«rr au^ one proved the hand that 
win that note? 

' Ati. Ctn. No ; but Everis swears, that sir 
T. A. shewetl Iiim a bill, subscribed Josepli 
Haves, for so uiain^ hundred Guilders. 

Cbbi. Stij. He says, it was 160 odd pounds ; 
WW, the sum of this note is Itil/. 5s. which is 
#• change of 150 guineas. 

Ifoyrt. Here is nobody proves this letter to 
%i mv hand, |Kisiti\ely : they o:dy prove it by 
fimilitiide. and comparison, and belief. I cou'- 
^•me thtrre is but one uitnpss, that that letter 
Vli found in «lr T. A\ hands. Everis says, he 
W a bill had my name to it. »Sir, you <!id not 
Iww me, n«'r e* er saw my hand ? 

tx€ri$. No, never in ni^life. 

Bmf€t, It is only an evidence of reputation, 

'heard it nas my bill; you saw no money 

ii vpoo it. Hid you t 



* k was in Trinity-Term 1669. Anuo 31 
MiClSid. 418. 



If. 1684.— /9r High Trtawn. [SU 

Everis. No ; but I saw a letter from Mr. 
Israel Hayes, that gave some account of it. 

Hayes. All this is hut similitude and circum- 
stance : and T thought in case of treason there 
ought to be two witnesses, and ho|)e you will 
let it be so here : here is no evidence but the 
letter, anil that is not ivto witnesses ; there is 
no bwly has proved the-* knowingly' in the in- 
diccment, that runs, that I knew sir T. 'A. and 
his treason : that ought to be proved, but I am 
sure it is not. Your lordship says, that the 
indictment and the proclamation are sufficient 
notice that he %vas a traitor : that may admit of 
counsel to det*ate it ; there ought to be wit- 
nesses tliat could shew me to be concerned 
with him ; which nobody in the world can: 
prove, or that I ever saw him ; and that wit- 
ness, who says, he saw the bill, or this letter, 
does not know that I wrote it ; there are them 
that say they beard of money paid upon this 
bill, but there is not one of them says, he saw 
any money paid : and these are several wit- 
nesses, every one to a several thing. Here is no 
proof but by the East- India porters, and those 
who say, they believe this letter to be my hand ; 
nobody says, he saw me write this letter, or'had 
any correspondence with sir T. A. If thq^ 
pretend there was money paid beyond sea ; is 
this indictment well laid, for it is laid to be paid 
in London? The payment of money beyond 
sea can be no evidence of fact upon this indict- 
ment: for the jury of London are to enouire of 
matters arising in London only. If 1 am to 
be tried for payment of money beyond the sea, 
the fact should have been laid tliere, and the 
trial ought to proceeti upon the statute of 3.S 
H. 8. cap. 2. The indictment should be taken 
hy special commission from the king, and the 
trial be in the county that the kuig should 
choose. 1 desire counsel upon this point. 

L. C. J. No, it is an idle whim, and I would 
fain know the counsel that put that foolish no- 
tion into your head. 

lluifis. If you will allow me counsel, yon 
shall hear who they are ; I have been informed 
the law is so. 

L. (.'. J. We are of another opinion: if 
any u himsical notions are put into you, by 
some enthusiastic counsel, the couitis not to 
take notice of their crotchets. 

lliit/ts. The witnesses are strangers to me ; 
there is one tliat has been sworn, to whom 
I li:ivc paid several thousands of |)ounds, who 
sjys he does not believe it to be my hand. 

'Then he? called ]>Ir. Sturdivant, who looking 
upon the letter, said, I do not believe it to be his 
hand, I ha\c had dealings with him, and he 
hath given me many receipts. 

Hnj/cs. There have bt^eii a grcnt many for- 
geries ; and this letter is foi^eil : lh«»re have 
been forgeries so like, that the [>ersons them- 
selves have not known their own hands. Every 
b<jdy knows that a hand may be countcrfeiti'd 
very like: in Mr. Sidnoy*s cas<?, Mr. Wharton, 
a young gentleman, not above one or two and 
twenty, said, He could undertake to coun- 
terfeit any man's hand whatsoever. I am not 



S15] STAT£ TRIALS, 36 Cha^rlhs II. i6S4.— Trto/ o/Joieph Baga, [S16 

m man of that quality, to g^ive sir T. A. 150 
guineas. 

£. C. /. We all know you have been a very 
active man, a hiisy follow a!>out the city ; as 
forwai-d a s^*ark as any I know of a'^rcat 
while. I rioirt know what you talk ofyoui* 

Suali'iV, but w c k:»ow ■, c v: qulililicatious ;*you 
av4iaiway; ht:c:! t;u?iiuii5 unil Uirbit lent against 
the kiii;^ 1111(1 <;(jv; :-:)Uii.;it. 

Huyts liieii aliiiuiL'J, that ho neither gave 
nor le:;t, nrr rciiM'ijttl any sum of money to 
this i»cr8on ; anil tlien eailul Mr. Lau>;Iey, 
who ti-siiriul, tl..;l ;i Utter was counieri'citcnl 
and a bill of ExLh:i!i^\.' ur: l^o/. and so v'»x:ictly 
like, tbat if he li.ul noL known oi'it I'Clb.c he 
saw it, he nuist luive ov nit! il for his h;=r.d; 
anJ the party that \yJw\ th-j !u:*i:'jy, i^airi it in 
his own wnaj;' ; torhentxer <ircw nn^ such 



bill. i\ir. i/ounnnn MoiJLid! liad my' books 
seve'aldavs in hia ir^U'is. wheiv thsre is r.n 
account of ,10,000/. I'ctwccii :ny Iroiker anJ 
me ; ami if I would stt my haV.d to s'lc'i a 
letter and bill, and write my n:u:ie at length, 
is it not as reasonable tiiat I siiould pnllhc nuiLe 
of Lan.Tnce in jny books? and if it weivj there 
he would appe:ir. Indvod Iilu* is ;:n account 
prodncfn] of di\ers -x.icels cl ir,o;iey disbursed 
m little sums ; but 1 -ipju al to tiiJ merchants 
whether any bill ofExclianGre Mas ever paid 
io such pareelt.* No iortij^ir bill was ercr pui<i 
by 3/. or 3/. or 20/. at a time ; it inusl bt^ paid at 
the day, or it \till be pruttsttrd. IL.'i-e is a com- 
putation of a sum like to the sum in the bill ; 
out tiipse are su[)positions, and not proof. 

lln^n Mr. Hayes calb'd .VMerman Jef)i'eys,.to 
speak to his reputation aiid eonnrsation ; who 
said. That ho had known him many years, and 
never knc w ony hui t of him. 

L. C. J. Have you been at any of the elec- 
tions at Guild-hall for mayors or sheriffs, 
when Mr. Hothet, and Mr. Cornish, and them 
people were chosen ; and hu\e you seen Mr. 
Ha} cs there, and how he bebaveil himself? A 
very forward active man, I will warrant you. 

Aldermau Jtfinys. I su|)|»o>e I may have 
seen him there, but I cuunoi say any tfiiug^ to 
his behavir.ur. 

Then Mr. Hayiis aiVM Mr. Pellet, Mr. 
IJoyd, Mr. WitheVs.sjai. Mr. Witlicrsjnn. and 
BIr. lfut;:h W bite, who ^ave a fuir account of 
his deal in;; ami comers.ition. He then said, 
that he w ould trotdib? thu court with no more 
witne^kses. 

Mr. Atforneif C aural then said, that he 
would call on(.>uirncs>« more a^ninst him; and 
ordered Attirbury the nuv-'ieni^'T lo bo swon., 
and the letter va's sbtwet! lo h:r»v 

Attcrbuni. I ;ip;»rehendo<l Mr. Ha} es, and 
brouLCht him I" loi'C the kin^f, and was 
presuit wli( n th«' leiUi v. .is shewed to him ; 
and the kii.^ and Lord Keeptr North press- 
ed him to own whetlwr it was his hand, or 
no ; and he snid, he shu«dd say nothing: tu it, if 
they could j)rtive it upon him, well and good. 

Huiftis. Ili« mai( sty was not there. 

AUcrbur^. As 1 remember, the kmg was 
there s I imu*;iue the lun^; was ibere. 



X.. C. /. I was there, what be saja. w 
true ; von said, I am not botmd to aocine 
myself^; it is true, you did deny that jon 
knew Laurence or Armstrong ; and it is at true, 
you would not abeolutely deny the letteff* 
but Slid, you were not bound to accuse your- 
self. 

Hayes. My lonl, I did hope, tluit in point of 
law, my counsel should have been heard to 
those things I mentioned, and I wish you 
would favour roe in it ; [but that beiny denied 
him, he addressed himself to the jury t"] Motbbg 
has more troubled me, sinoe my continement, 
than the imputatiou of high-treason, a thing I 
always detested ; I never knew any, toe 
Iv^ast thing of the conspiracy, hut by the trialf| 
or other printed papers -, not one of the con- 
^^{•iraiors, who have come in, or been takeo^ 
have charged me in the least ; nor did be him« 
.':if accuse me, with whom I am charged to 
have this coiTespondeuce. Gentlemen, 1 de» 
Miti yon to consider, that it is my Uib is con- 
corned, and I beg you would consider whal 
tlie^c witnesses have testified ; they are not 
posi-ive in any res|>ect, nay there are not two 
to any one thing that is charged: ConstaUt 
s:i}s,* the letter was found among sir T. A.'s 
papers ; he says no more ; and here are not 
twj witnesses to that: Everis tells yoU| he 
s:iw this bill, b'.?t did not know ray band; there 
isnobmly tells you 1 wrote this letter, but it is 
fon-id in another man's custody, in 
nation. 

Gentlemen, it is very hard, that by « ^_ 

risen of hands a man's life should he in danger ; 
when, in lesser crimes, it has been denied to be 
gT)od evidence ; and none of you can escape 
the same danger if this he allowed to be eri- 
dence ; for your hands may be counteifeiled as 
well as mine. 

If there had been any probability of mj 
knowing him, it had been something ; out there 
is not one that testifies that ever I knew him, 
nor indeed did 1 : there is a great deal of cirr 
cmnstaucc made use of, upon the accotmt of hk 
actpiaintance with my brother in Holland ; bu^ 
it is strani^e there should not be some evidence 
of a fnrtlicr correspondence between him and 
me, if there were tiiat intimacy that such a 
letter as this doth imp<nt. 

I must, with reverence to the divine 
jesiy, say, acd I call Gwf, angels, and 
I to wltne.NS the rrui!i of it, as 1 shall answer it te 
him, biitire whom, for ought 1 know, I am 
qniekh to appinr, that I neier in my lifespoka 
with sir T. Armstroni^, nor was ever in his 



company, nor ever wrote to hiiu, by the i 

of Laurtnrc, or any other name; and I do so- 
lemnly say in the presence of God, that I never 
gave/sent, lent, paid, or onlered to hi; paid, anj 
money, directly or indirectly to air T. A. or 
H. Laurence, or to htm by any other name, or 
to his use ; I speak it without any comitcrTeiting 
or eqni vocation. 

Gentlemen, there have been overturn, if I 
woiihl say some things, that my life mighibe 
saved ; and it is not to be bvlieredToial | 





STATE TRIALS, 36 CffAllin n. 1684.-:^ Higk TVmmh. 



r»» 



f>lB llw fiaioe cif mj life, if b]r ipialtiiig 



b)4t do jt^ti 



MIA^IIlte? 

L. C~ X Ay, bai J^n mait say those things 
tkU warn 4mpm» um At f^)t vu lo hear ; ymi 
•Ml feot iiBimate, is if t ^ men! would 

■ Witkf a&J fliicb rttmfnvt Ik of. 

^K Htfjrri, l^'i^ n 111 me 

^^^fcj. If 1 idl yrtM^ 

^H|^M Kbs< |i«rlui|tjs you It til be vt^ry tinwiHtng 
^^^Hiri «Ni ID^ word, it wilt he very u»plea> 
^^W^ Is Inbt It; y<J<u h»d t>etter let tho^ 
Ikttfi alanr, for you will butdnm it load upon 

Utfn, 1 bfteedi y4>iir limlship k^ ti«ar 

L C X V«, 1 wtTl lieftT yon» provided you 
Uiq^ witliiii doff bouttds ; but we must not autfer 

0^pcr. I «hy n^ihingr but tbis^ tt has b«on 
iii ate, llMi the wsy tos&re my life is to coii- 



r 



C (X X A« you represent it, it is a reflec- 
li iMi ibc gtjTcrnmifut— you talk of over- 

ihMbc Imi niftd« vou ; do tiot make tii€ 

ital I bay^no muia to aay. 



[^•ffidr 






♦i«fe/ *tid * 1 think^* or * I liuve 

inMm^ I knnw yiiii ftre mj' fHlow- 
^•cHt rf4T<jti M !u7- tiDTiK. :iniT of the mme 
J hojjt* you 
I any pre- 
I III*, i wiii>ftrtial I'ffso- 



tilt* 4 or ftOOOr 
■nnicsxj r ajtiU, f#fy t(C««ptltf>' 



llbfti: 



uod. imdc!ft»0k lO 

Bfr. Il«yc»» thtl-tt pftrdoii >.;HMnu »h 

. OO ifukiflwi 10 lli« kmg^^ and looo to 

r^ Iraft Ii0 •^.nvufili deobu-«d, that the 

mi fcfoard httn tb«rciii, tnd lotd bitn, 

►^fc* •*! Ajf^'JHMl. that bi- hi\d l>^.TlfM- invr 
mh(r^ 

boll, 

, _J* dk) f^tertiiTtt ilKMiid tiol hurt Mr, 
iijn/* Fanaac EJiiiiMi. 



nn. I say, Mr. Foraler by n^me told mf ^ 
*•• •« on wiy for me lo escape, but by 

L C J. You hfu\ best call Mr. Forstcr, to 

IfeM \ *m \\t' rnrnf* tn till v<jii«;o • if VOU dO, I 
^- i Of 5000/. 

^ : vmi bad 

li^aNivar, or i shaii ^twi .»i>d of 

• ^■d*J erf *cnT!»^W\ th;^t is 

fi Ikl, liiat wa?t the 

^» T h«iT<» d»*rl»rcd 

I ?^ '^^^ ^ ^ ^^ *^*^ srtkmuit 

I. and n<^i an ii! i 



le«?e tbe tu«tt€r with you ; T am snrt^ tbtt If 
God help mp, J*nd deliver me in tliw cxig^iey, ' 
that it is hcf* and you undti' bim, that preftTf« 
my life-^ — 

Geutlcnirti, The great iooertaiuties, impro* . 
babilit)i?s. imd consequeaees in tbis casr^ 1 hope 
wtll 1^ wei((bed by you, aod maJee you wm 
better to consider the proof, which is made by 
oooe but such as are stranj^era to me ; since, 
tbeu, l)> lie not, I bo^ie you will weigli 

it, heiih V it agmnst me : we must aO 

die, stul 1 .uu sure it will be no grief to you 
tn acquit a man that h innocent. I leave it 
with you ; tlie Lord dirtrt you, 

5Ir. lUcotikr^ (8ir Thomas Jeeui«r*) 11w 
treason charged on the prisoner is ^* that sort, 
t^t if he be guilty ^ he wilt l>e a jimt exampfe 
to terrify others from doing the like ; tor if 
traitors had not per^on^ to supply them with 
money abroad, it may be, they would not baT« 
so much courage to run away. We have si- 
tif^fied you that sir Thomas ^mstrong was tn- 
dieted ; that an exigtmt was gone at^atust him 
upon that account j here was a urocUiiiatioUt 
and sir Thomas Arnistrong namecf in it ; and so 
the Recorder re]»entet1 the evidence of the wit- 
nesses, and eonchided : Gentlemen^ We think 
that his defence Imsljeen so little, and our proof 
so strong, thai y<Hi have good ground 10 find 
him c'uilty. 

The Litrd Chjf Justice then summ^ op 
the matter t4) the Jury : 

Gentlemen of the Jury, This is an iQiicf> 
ment of iii(;h- treason against the prisoner at 
the bar; and yon are to try it ai?eording to 
your evidence* The priwwJer'si aifii-matiori ©f ^ 
his innocence 16 not to weigli with you. Nay* 
I must tell you, I cjmnot but, upon this ooMi- 
siou, makf a little reflectioii upon seTeml nf 
the hoi: ntfTTS, thai ly, with 

a* m II c , . impreci' j ce upon 

t \\mn^L I r ' s .oiy treasoD ; 

but ihrunhi ^ ty good aer* 

that \u'[{. ' ■ \ notun^ 

one of tl ill ihi« 

i:>Mfvr. ilirl -n'Mfiu U? SO tkf 

1 >i that they nhould 



and all tbit»uu- 

. 1 of religioti ; pay, 

. r ofHiiother of lie 

r a fuU 

of haf' 



I" ' ■'"- 

(\ .rr :,:,!,: 

1 * ' ' ' VOU O.J I I IT- 
CO aspirators^ [lord iiv 
and evident proof » and [ 
io^ an band m it, when he ooniea upmi llie 
brink of fleatb, and mas to answer for that hor- 
rid fact* before tbe great G^h), b« blessed At- 
mi^cy r4od, tUt he died by the band of tbe 
■ r<nd did not die by 

-wl, at the place of 
I \»f-ini"n, iiifii ne n<e<i a irailor ag^insl tbe 
king and government, rather than died o mar* 
tyribrhts religion f " -nk it ncocssary to 
make •loroc reflei ; ; when mtin.'^un- 

th>r rh^^ nriH/*nee ui -- -v,- •!• "^'^ 'townd up to 
to lb ment rlif^emses, to di4tuTb 
Ihi- L-^t 'Muniment, Ift dqs tfoy tba 
*^ <<er bb sacred : 

ui ^ , and lo «abveK«iiri 



319] STATE TRIALS, s6 Charles II. ibSi.— Pr/fcAflrrf t. PapUlim, [320 



gi«n, and liberty, ant) pro]ierty ; and all Ibis 
carried on upon pretence of doiiiji^ Gut) {ifood 
■enrke. You are to ^ accnnlinsif to evidence ; 
as the blood of a man is precious, so tlie |^o- 
vernment abu) is a prt-cious thin^ ; the lile of 
the kinfl^ is a precious Chinj*', the preservation of 
oar religion is a iNrecious thing', and therefore 
due regard must on had to all of them. I must 
tell you, in this horrid conspiracy lliere were 
several persons that bore several parte ; some 
tbaC were to head and consult; there was 
a council to consider ; otliers were designed to 
have a liand ia tlie perpetrating of tliat horrid 
villainy, that was intended u|)on tlie ])ersons of 
his sacred majesty and his ro^'al brother, and 
witlithcm, upon tlie persons of all his majesty's 
loyal subjects that acted with duty, as thc}' 
ought to do ; there were others, that were to 
be aiding and assisting (as in the case of the 



prisoner, if you find bim guilty) aiding, abett- 
ing, assisting by money, or otlierwise, or har- 
bouring any of those persons that were con- 
cerned therein. Then he recounted the Evi- 
dence given against the prisoner, and made 
such n'Uiarks uimn the same, as bethought fit. 

The Jury witndrew, and sfient two hoars in 
consiidrratiim of the matter; and then return- 
ing, gave their \eixlict, that the {irisonsr wis 
Nut CJuihy. 

Att. Otn, BIyLord, thongb they have ac- 
quitted him, yet the evidence is so strong, that 
J hope \oiir Lordship and the court will tliink 
fit to l)itid him to his good l»ehaviour daring 
his life. 

L, C. J. Mr. Attorney, that is not a proper 
motion at this time. 

80 the prisoner was discharged, aAer he had 
I been imprisoned fiveniontlis. 



311. The Trial between Sir William Puitchakd, Plaintiff, and 
TriOMAS Papillox, esq. Defendant, at Nisi Prius at the 
Guildhall of London, in an Action upon tlie Case for a false 
Arrest: 36 Charlks II. a. d. 1684. 



Kntenihcr 6, 1081. 

LaTZ(/o», «^SlR Wm. PritchanI, late lonl 
mayor of the city of I^oniion, having in ii):ister 
Term last brought an {in ion u[ion the case, for 

' For sevnril partiirulais «ii'the proceed iiigs 
in ihi^ i'ity of 1.4<ndori with which this Case 
is ecu meet od, s«t the Note to ihe Case of 
SSachcverell and others, p. 29, (»f this volume, 
and tho Cases and Notes there refcn-ed to. 

The following pitssa^es arc from Narcissus 
Luttreirs MS. '' Brief Historical l{elation,"&c. 
in the Library of All St)nls' College, Oxford : 

** April, ltJ83. Mr. Papillon and Mr. Du- 
bois luiving gi\'en onler for a writ to be taken 
uut to arrest ilie I^ml Mayor, sir Dudley 
North, one of the sheritrs, :uid several of the 
aldermen, in an action of the rase lor a \\i\^ 
rrtum to a mandamus dinx:ted to them for 
the swearing thriu two sluritrs of London ; 
and the sheriff buing concerned, the writ was 
«li reeled to Mr. Urt>me, coroner of London, 
who uccordingly %u'nt to theiu to acipiaint 
them thori'witli, and desireil an appearance, 
or that they would ;;i\ e bail, which, they re- 
fusing, he execultMl the writ, and carried them 
very civilly to his own house, and kept them 
there till ten at night; when one of the city 
Serjeants came with n^rit and arreste<l the 
coroner, and carriiMl him away prisoner to the 
Counter, refusing to take bail, so that he was 
forced to lie there all night, during which 
time the lord mayor, &c. walked home. Tiiis 
thing had so surprised sonie persons, that the 
Tories reported the Whigs had seized the lord 
mayor and carricil liim away, and the lieuiu- 
nuicy of the city met, and ei^bt companies 
wari onlered out immadiatdy tor th« liecurity 



fj&lsly, maliciously, and without nrob:«blecuBe> 
procuring him to be arrested ana impriioncd ia 
his mayoralty, against Tliomas PapiHoD, oq. 
the deVenriant pleaded, Not Guiltv* and thera- 
upon issue being joined, it ouinc tliis day to be 

of the city ; this affair affords variety of talk, 
some condemning it and others approTing it^ 
according to the diOerent tem^iere of persom. 

** Nov. Cth, 1634. f u the afWrnoon, a trial 
was at Guildhall, before the Lord Chief Justioa 
Jeffreys, on an aclitni brought by sir WiUiam 
Pritehard, lute lord mayor of thecity, agaiMl 
Mr. Papillr)n, for i a using him to be amsateA 
during his mayoralty : and the jury, to tht 
amazement of all, o-ave 10,000/. damam. 
Since wliich, Mr. Pa;)illon hath thought mti 
alnicond, as being nuieh the safer for him." 

. At the end of " A M:Vih Collection of Papart 
relating to the ^lv:^(nt Junctin-eof Affairs ia 
England,*' Ve. pnblislir-.l in the year 1689^ 
there is iv.v;f riid, 'An Advertisement,' aiitil 
culled, ^ oi'ihe !<• :irniii>y- :uid Uhetoric of tha 
lale L«n-d ChaiHfllor .lolirrj^s,* as followg: 

'' Tliiiv.' is laicly pulilir.i'.i-d, the trial of Mr. 
PaTiiilnp, by \vhi( h it is niaiiifest that the then 
Lord Cliif.'t'Jiisiice Jefireys had neither leant- 
uvj^ law, nor g(;od i.'iunn. rs, but more imiM* ' 
dencH than ion c:ii*ii;d whorrs (as was said of 
him by kinir f^'ii'rlo the Stcunil) in "^^lyny 
all thoic W'lishy (iii.'.ons uho voted for Mr* 
Pnitillon and Mr. Dubois, cullinsf them a pared 
of factious, pragmatical, sneaking, wbiniiici. 
caniiiig, sniveling, prick-eared, crop^ean^; 
atheistical tltJIous, niisculs, and scoundrels, AnS 
as in p. W, and othiT plRci^ in the said TridI 
may be seen. Sold by Uichard Janeway, mi 
most booksellers." < 



STATE TRf AI* 36CtiARLES It. l684.— /or/n/tr ArrtnU 

idi 
;. ,„, ^., : , . lUc 




, Josejiij 






me out of itiind, 
vij office, in the 
1 city, according" 
'U\ru ho wns to 



i^AiVtl'<^ ^^ I'^^h tlay of Ft!bruary, in 
ifci JMjfftr ufbr* vaSif. ili(- ffeflnrfant fur vexa* 

■ \ IdU'titl or 

• ► pirtintiff, 



■ttfcr 



J 



ol ILm 



id to the 
"loii ; by winch 
I tMiroiit;r ta Uike 
ifr««ni: ' ' i! 

\ ktm no 41 

M W^I>*U .^♦. ..,.-,, ;V v..iM ->i.^y 

l^dsy* of Baxter t \h^n nivxx follow 



» Aiul 

\ tW rrtkirii 
bilKyoCAli. 

4 ibtn* iIk* I 



t. f.n.l.ut 



\ {>lra of 
I rther 
hI Ik*. 
. the 
id, at 
1*1 Ni. AJiltJir<l 
the WHffJ of 



ijlr 



lAJd I'Tirtjr e cf 

, t» iW 4i«57*«''^ r l(iP 

Mid «jlii€«-, toi jils'j ttj Uir ma- 

Ci p^.^itiilti-r ;,rji! ;,'iuvjnt(' of lllt^ 



. M Uir 



f t l> c pifc nt 4imj*rww>^ «iliMi6- 



, :m\ Va 



BR 






* Paiicbiv 
* London, u. ^ 

* nuper Major ci* i 

* Papillon in custnir Sliii\ lWc, i/vo vo itiilelioet, 

* ijiKKi cum duodecimo die i*eliniafii^ unno 

i Domitii Caroli s^^ctindi nunc Kepris 

,e, ^c. tricesiuio quitito, ipjie idem VVil- 

" uriMius Pritrhard, ac anita, et ahimie per 8^* 

' rwnil' nnjoscs rx tunc pro\' .supitrid' ejttiAit 

* ftlajor ctvilal' lAMidon piH!d\ in oHioium Ma- 
*jorfttUfi illius debito luodo el^cl\ pnfiect% et 

* jurat', ac Becundum con&nctudinein civilnl' 
^ London, piu'dici', a tempore cujus coDtrar* 

* menioria hominutu non existit, in eadetn 
*■ itsitat' et approbat' o§ieium suuon Majoratus 
*- jUius indies intendi debuit^ per assidunm dHi- 

* pent' ipsius Wilhelmi in reg'iniirte civitat' 
*' iljiusf per ipsum secuHdiiai deb] turn otHcii 

* iiui pned^ exequend', et pcrtbrmand' ad bo- 

* noreni et dicrnitat' ad officium illud spectaut' 

* ft periini!n\ p rird ictus tamenThoniasexijgt cut 

* unuH lie fJkiiiiiLrtt' civitat' pr3Ed\ et sub regt- 
^ mine diet L AVilbelmi, virtute oiircii eui prae- 

* ibcti, prtemiiisor' non iijniirus, s*'d niachinans, 

* ct ittlse ac mulitioao invldens felici statui ip- 

* sins VVillielini in officio 8uo pnedicl', necnoo 

* ipi^um VVilhehnuui in evecutione officii ilUus 
*■ minuK juste iiiquleiare ei disturbare, lirtediclo 

* duodecimo die Kebruarii, anno tricei^iiQo 
' quinto supradieto, idem Thomas PapiHoo, 

* pro vexationc prtefat* Wilhehno adhibend* 

* (eoilem Tboma adtunc non habentc aliqiiata 

* k'S^tjmum vol protKibilem eausam artioms 
*• verms ipsnm H iUielinum) iiil»o et malitjose 
' pfoseqnut* fnit e:^tra citr^ dieti Domini li*i^^ 
*• coraiD ipso Regie nunc babit*i aoilioiti apiicl 
' We^tfoon' in coni^ !Vtiild}e«*ex udtuBC t^l tfluuc 

* tent' txifiten\ quoddam bi-^te ipsiaa Dom' 
' Reg* de alias Capias versus if*siini Hi]h«l' 
' muoi, per nornen VVilbelnii Pritcbard^ Mifitisy 

* adtunc Coronator' civitul* I^xudou* prccd* 

* direct^ per tpiod qtiiilem breve ifkrn Dotuiiitit 

* Hex nunc tulem tunc Ctironatori pr{i«cepit 

* quod caper' ipsnm Wilbelmum Pntchard, si 

* invent' tbret in civitat' London* pncd', ^ 
'^ euni salvo custoitiretf ita quod btberet corput 

* ejus coraoi Domino Begi? apud West' di« 

* cnr' prox' post quindenani Pai^cki* 

* ex tunc pnix* Mequcnd% ad resj^den* 

* prft'tat' Thomce PapiHon, per nomcn Tbootes 

* Pupillon Arniiger', de placito iranagTM', 

* et quoti idem time Coronator babrr^t iW 

* tuDc brere iltud. £t pra»d ictus ThoiiUtt 
^ Papillon, e% uUeciort nequilia et oialitia^iia 
' prxtx»gilat' versus ipsum U ilhelmuni, po3t€i 

* et ante retom' brcvis prfcdicti, «ciiKi?t| vic<» 

* limo quarto die April is, annn trie tN» mo sit* 

* pradicto, apud London' pra^l ' . in pa* 

* rochia sanctse Mildredw V ir^ nlietnt| 
^ in waAlft de Cheap^ Loudon, pni^dictum 

* breve de alias capias cuidem Jobanni Brome, 

* Gen\ adtunc Coroaator' civtl^ Loudqo piv4' 



»2S\ STATE TRIALS, 36 Charles II. \6S4^Priichdrd v. Papillon, [3S4 



defcn Jant hos ploadcil, Not Guilty. If we that 
«rc of counsel fur the phintiff', shaH prove this 
inattiT unto you, «^entlriiieii, that r.e have laid 
in the (Inclaration that lias been opciictl unto 
you, you are to tiiul for the plaintiff*, and I 
no)ie \vill repair liim in duinages for this af- 
front and injury. 

AitorntijG eu era I. (Sir I lobert Sawyer) . May 
it please y-ouv lordship, and you t^ttenien of 
the jury,' I am of counsel in this case for the 
pbiintilt'; and this anion is brougfht, ^utlciDen, 
to vindicate tlidionour of the chair from such 
affronts as these, which in no age, till of late 
days, our times of faction and confusion, it 
ever met with : that by a ]M>rson that is a 
citizen of London, and one of the commonalty, 
that ougfht to have paid submission to the loni 
' mayor as his chief inaipstrate, and was bound 
ISO to do hy his oath, as a freeman, should, 
without cause of suit, arrest the lord mayor of 
the city. That there whs no probable cause, is 
evident by his not proceedinc: in the action, 
that he had thus brought. But, gentlemen, 
we shall shew you in the course of our evi- 
dence, that there lay a further malice in this 
case, and thai thcii^ was a design in it ajyainst 
the governnienl. For we shall ^ive you evi- 
dence, -that this desii;'n was laid to cany on 
the flfreat Plola<raiust tlic lives of the kin;;^ and 
his brother, and fi>r the subversion of the jjo- 
▼ernnient. For they eonirived it s«», that they 
would imprison the irtiiyor, and then, ihou(;;ht 
they, the loyal citizens will interpose to rescue 
hiiii. and then tbe r»arty should rise to assist the 
ollicer, lie havin-^ tjeroniii.'iii'.nfewF authority, 
and heiTi^ in the cxenjiio's <::' ili*. kinn'-^ wiit. 
(especially if it he coTisieier^-il tliou \»iio \\t\s 
coroner) and so a public e<i'!ir.iniio:i would ii* 
made a ^neral nui tiny, and ilmt wouM l>r» a 
fit opportunity, in the coiifr.siou iA' t\ni eil\ 
wantinj^ its cfiief tjf >vei*!ior, of ckiiuji- what thuy 
di**i«fned. Gcnlk-nieu. ne shall prove ;.ll th:.t 
is laid in the deeiiuatian ; and liken i>e that 
the end of this busjiiips-^' v as to Ijave Inal a voi:\- 
motion for the accomplishiyitr ^heir i:;rent e«fn- 

* existeu\ delihenn il exeipiend', nc adlune ri 

* ibuN.'iu npud "Wilfii'lmuu* adtunc Maj»ir* ci- 

* vitat' I^Kulon prad', r.t piv-Jcrt', existeii\ 

* pnctcvru bnvis illius pr«' «:t»rp* suum capi ct 

* arri'st;»ri. «e in prisona Nub cust(»d' tjusdeui 

* tunc iJoro/iKtui' per y.paiiiun sex horarum, e\ 

* tuncprox* S('ij>ieu\d('tiuMi uialitiose ft minus 
•juste pro4*m:i\it, in vitupemtion', deroffa- 
' lion*, v.i vili'ieiidiuni pra-dicti Wilhelmi ct 

* ollicii M:>joratu;i ipsiiis W ilhehn* praul, ne(;- 

* non ad damnuiu, pru judieiuni, et irravamtn 

* ipsiuK U ilhelini iMnn:t> it', ubi rcvt-ra, et di* 

* tacto pic^dii'tus 'fimmtis L'apiltou, prje«lieto 

* tcinporr. captionis, arrestionis. et detentionis 

* ipsius Wilhehn' in prisona sic, ut pru fert' 

* fact*, nonhabuit alii^unm justam vel prriba- 
• *• bilem causam aetioius versus ipsum Willicl- 

* mum in pnx*ni!Skis pra^d', unde idem WiUiel- 

* mus die* quod ip<<e dctcriorat* est, ct damnum 

* habtttad valenl' decern millc librunim, etindc 
f produo* soctttu, dec' 



spiracy, as has been opened. That sir William 
Pritchard wasarresteu in his mayoralty, I sop- 
pose will be ag^reed, or else we shall prove it. 
Mr. Ifiire/. 1 es, ves, we ajyree it. 
Solicitor General. (Mr. Finch) Then we will 
^ on and prove the manner of it. Swear Mr. 
Gorp^es, and Mr. Keeling. [Which was done.] 
31 r. Keelinfjf, pray, will you tdl my lord, and 
the jury, were yon made a special bailiff to 
arrest sir William Pritchard, when he was 
lord mayor, and what did you do iqion it ? Tell 
all you know of it, and what was deseed 
by It. 

Keeling, My lord, all tliat I know of it is 
this : It was upon the 94th day of April, I 
have the warrant here to shew, 1 met with Mr. 
Goodenoujifh, at BIi^ IlussePs the cook, in 
Ironmonger- lane, and several others wew 
there ; and I went away a little while, 
came a^iu : while I was gone from 
they put my name into the warrant, and \ _ 
that warrant, 1 did arrest sir William Pkil^ 
ard, who was then lord mayor, at the snit of 
Mr. Thomas Papillon, I sup]K>se this is Um 
gentleman [pointing to the det^dant.] f bad 
no order for it from Mr. Papillon, nor efw 
spoke with him about it ; but 1 bad order iVom 
the coroner, i%ho, upon the arresting him, took 
my lord mayor into his custody. 
Alf. Gen. Where was mv lord mayor 4]iea? 
K*clins^, At Grocer's- hall. 
Att, Gen. Wq«i that the place ho kept Iw 
mayoralty in ? — Keel in;:. Yes, it was so. 

Sof. Gni. What %vas h'j doing when joaiT' 
rcMed hiui ? 

Kcefiii^. There was soruc disturbance imon 
il, amonp^ the oflict-r.? and poople there. The 
curoiier caui'^ up to hitn and said, Sir, I bsre 
; a writ ai;aiiisl ^(lu, 1 pr.iy you wonM please 
to ciw an nj>]\ aviuicc at the suit of Mr. Tho- 
mas Pnpilloii, niid another at the suit of Mr. 
John Diibois, and soiut^ words there pa.«sedbe- 
tw< en him :;nd the ceroiier ; and my loid 
maydf refu/m*; to give any appearance, the 
coroner. Til r. Uroine, bid ns*exe<*ute OfRi 
ranis ; upon whieh 1 came up to my lord i 
and touched hnu upon the shoulder, ond i 
I arrf'st you at the fiuit ot Thomas FapilhiB, 
esq. and" one 1 Vrnandd tiurley arrested bin 
again, at tliesuil of Mr. Juhn liubois. 

Att. (ifn. \\ hot did you do uhh him, wbcn 
you had arrestttt him i* 

KfdinfS. The eoronei* dismissed us, and, It 
1 take it, carried him home to his house. 

Att. (Jen. What instructions had you wiMt 
to do, in <\isc he made any resistance, and- dil 
not submit to the arrest r* 

keeling. I know of no instructions about Uf 
such thing. 

Sol. Gen. Who was by, pray, when 
were given } ou to arrest my lord mayor f 
Ktrlins. *tioth the (xCKMleuoiiglis. 
Alt. Gen. He in the Proclamation, 
mean, and his brother ? 

Keeling. Yes, liichard and Fnoicis i 
nough. 
&l. Gen. And who else, pray T 



385] 



STATE TRIALS, 56CHARLEd 11. l6S4u^for false Arrest. 



[326 



Keelinr. Several that I did not know. . 

•Attm Oen, Can you rememher any body 
ksiiLes the Goodchou^s in particiilar P 

Keeling, There u as one , a tall our- 

chudlcr, and a gr&iX many tliat 1 did not 
kaow. 

Sol. Gen, How many do you think there 
were ? And where was it ? 

KetUng, I behete there wrrc about thirty 
v fiirty, and it was at Russcl's tlie cook, in 
faanmonqrer-lane. 

• Ait, Oen, Did they all come along with 
yoa 10 Grocer's Hall, to arrest my lord mayor ? 

JCrdiur. No, my lord, they did not. 

&/. Gem, l>id any of tlitiin, and which. 

Ktetimg. Sir, 1 will tcU you who did eome 
ti my kml nwyor's. There was the coroner, 
fanoa Gnodenough, Ferdiuando Burlcy, and 
i^Hlf : and after my hird was arrestc<l, the 
MMMT hub us be |(one, and he would look 
iAbt aj lord mayor. 
Ml ben. Whither did you go aAer that? 
MmUng, I went to sir Harry INilse's directly . 
. Jft. Gem, Did not ypu expect an opposition ^ 
had joa not some discourse what you 
d doin case there was an opposition ? 
iBpbw. No, I cannot tell any thingr of tliat. 
itt. 6eB. You say, there was a mcetiufir, or 
■■ril^at Rusaell's, of forty people ; had you 
MlAnemne consultation what was to be 
!■■, 'day ionl mayor did not obey the arrest ? 
JUm^ I do not remember any thing 
Mi ikm^ at that time. 

Au, Gem. Was there at an^ other time 
Mr? Or did you hear any ol those people 
4nBv the Goodenoup^hs, or any of them, 
nkm ikej would ha\e «JoHe iu case they were 

itdmg, I do not remember any discourse 
tf ■i4uinir« before or aller. 

LCJ, (Sir George JeflTeries.) Pray, Mr. 

faring, let ine sisk } ou a question or two. 

Vntyoueier employed by the coroner to be 

•^mbU baililTlo arrest any body, before this 

Hrmneakof, thatyoa arrested sirHil- 

iMPrilrliani:' 

Xsrlisf . No, ray lord, I never was. 

Li C. J. Then pray rcTollect yourself, who 

«ne at that niettuig, when, as you say, your 

IBS was put into the warrant fur this arrest ? 

EuUtig. 31 \ lord, when I went away for a 

illt whue, l' left these |)Ci-sons particularly 

hi I did name, the two GocnU-nuuglis, and 

f •■ Bnrtou, I think, and one t-roniptuu, and 

AttlsUow-cluuidlcr ; there were to the nuni- 

kvof ihiny or forty, thai L tliJ nut know ihoir 

L, C. J. But pray, how came you to be 
ia this service then? Mere you a 
__ lintonntheu.' 
Knfaf. Yes, at Wauping. 
^ C J. Good now, now cafne you to be 
§9 id in aiTCStiug my lord mayor, more 
iMgrdber of those thirty or forty that you 
•m there then? 

. i went there among them, but did 



not know then that I should be concerned in 
this business ; and 1 went away a liitle while, 
and when 1 came back they told me, that my 
name vtbs put into the warrant. 

L, C. J. Pray, tell us the whole story, how 
you that were a tradesman at Wapping, should 
come to be employed as a bailifTto the c«)roner 
of London, to ai'rest my Ionl mayor ? There 
must be some particular Viid in it. 

Att. Gen. Mr. Keclinpf, tell the court and 
the jury the v/hole story, and what it was that 
brought you into this. 

Keeling. I\Iy lord, Mr. Goodenough told me 
I must be concerned. 

L. C. J. Ay, piithee tell us what Goode- 
nou^i desired you to be'conccnicd in. 

Keeling. U|>on my coming back to the com - 
]>any that was at RusseiPs, Mr. Richard 
Goodenough told me 1 must be concerned in 
the business of arresting my then lord mayor, ' 
sir William Pritchanl ; said I to him, Mr. 
Goodenough, this is foreign and remote to luy 
business, to be concerned in such a matter as 
this, it will seem very strange for mc to do it. 
He presseil it upon me to do it, and says he. 
If you will not do it, you will be a man looked 
ill upon, and it will be taken strangely from 
that party ; he meant, I suppose the discon- 
tented party, the faction, or what you please 
to call it, that were not contented with the ad- 
ministration of *tlie government in the city at 
that time ; and he urgred it upon me with a 
great many arguments. I opposetl it with 
much vigour a good while, but at last he pre- 
vailed upon me to go along with the coroner ; 
and Frank romlenough, his brother, said he 
would go with me, and he did so ; and we 
came and arrested my lord mayor, as I told 
^ ou before. 

L. C. J. Where did Mr. Goodenough press 
you to be concerned in this business, as vou 
say .^ 

Keeling. At Mr. RusselPs a cook in li*on- 
monger- lane. 

L. C. J. How came 3-011 tliilhcr ? 

Keeling, lie; sent me a letter to meet him 
there, licwasutiuo before to be concerned 
in it, but I did not comnly with him in it. Mr. 
Richard Goodenough it was, and Mr. Ash- 
hurst, 1 think it was aUlcrniau Cornish's son- 
in-law, was 1)} . 

L. C. J. U as \elthorp there ? 

Keeling. jS<i, my Ionl, h** was not there ; 
but they did not procce:! then, becaiiso my lord 
and his brethren we»e gmie out of town, to 
>\ait upon the king, I think ; :iiid this uas si\: 
weeks or two months bcfoi-e this meeting ut 
Russell's. 

Sol. Gen. Pray, .Mr. Keelin;;, recollecrt your- 
self. Had yoi! anv (hse<Mn>e \uih GimmIc- 
nough, orany b<idy els**, what ih'M"ons<H|iiciice 
of such an arrest would he :' 

Keeling, 'i'lu'v ti)hl iiu', my lord mayor, 
and court of aUkTiuen, i)u<l iiia:!f an ill return 
to the MandumiL^' > tli.n were a»«.r\eil for ihcin, 
for the swcarin;^^ of Mr. Papillon and >ir. Du- 
bois sherilfs, aatl thci-tfore Mr. Papillou ami 



3S7] STATE TRIALS, 36 Charlbs U. l6B4.^Pritckari v. Papilhm, [SH 



Mr. Dubois had srood cause of action againil 
Utem: and GoockuouKh said, he had Order 
fhmi them to arrest ray lord mayor upon an 
action, and dcsu-ed me to be concerned. 

Sol, Gen. But pray, remember what you 
said beiore, Mr. Keeling, nrby should the dis- 
contented party, as you call them, be concerned 
antl be angry with you, if you did not arrest 
uiy lord mayiir? 

Keeling. *The particular argument that he 
useil with me to persuade me to it, was this, 
Thut 1 liavingr a trade and dealincf among^ that 
sort of peofile, they would think ill of me if I 
did not do it. 

Sol. Gen, But why should the party be 
an^y with you, if you were not a uailifT to 
avi^est my lord mayor, at the suit of Mr. 
l^niilon Y 

Keeling, I did not know the reason of their 
nnij^er ; he might have something in his head 
that he did not reveal to me. But that was tlie 
argument he used, The party would think ill 
ofnie. 

8erj. Muynard, If you have done with this 
witness, I would ask him a question. You say, 
Sir, that Goodenough told you, the discontent- 
ed party u'ould be angry with you if you did 
nut do it. l^pon your oath, was the discon- 
tuitcd narty named ? 

Keckfig. No Sir, but that party of which 
Mr. Goodenougl) and I then was ; and they 
were the discontented party, I think ; for they 
were so discontented, that they would have 
killed the king and the duke. 

Atl, Gen, Tliat is an answer, I hope, to 
your fiucstion, Mr. Serjeant. 

L, C. J. I thiiikf when he names the Good- 
enou|[^hs to be of the party, nobody ([uestiuns 
but they were discontoQtcd. 

Sol. Gen. He has explained will enough, 
sure, what he meant hy thf^ disrontentetl |>arty, 
those that were so discontented thai they would 
have killed the king and the duke. * Those 
were the promoters of this action, and Mr. 
Keeling must engac^e in it, or they would be 
displeasc^d. Now, my lord, we shall call Sir 
Harry Tulso and sir Uobert Jcileries, to shew 
whatthe coroner did. 

Keeling. I arrested Sir Harry Tulse after- 
wards. 

Then Sir Hariy TuUc was calletl. 
Mr. Ward. !\Iy Ion!, wo d<>sire sir Harry 
Tulse n»ay not Im: su oru, we have an <jxcep- 
tion to iiis tcstitnoiiv. 

L. C. J. What IS your objection ? 
Mr. Ward, Uc are infurniid, he and the 
rf^tof the court of nldermen havr joined their 
nurses to carry on this suit, and then, witii 
submission, he is not a go.id witness. 

L. C J. Ask him that <piesiiou, upon a 
Voyordin*. 

Then he was sworn upon a Voycr dire. 
Mr. Williams. Pray, Sir, is there any order 
of the court of aldermen to lay out money for 
this cause, out of their joint purwn*, or the 
p«blic Ci^ Mock ? 



Sir //. Tulse, Not that w« know of. 

Mr. Williams. Pray, Sir, do you 
whether sir William Pritehanl laid out moiiie|r 
in it, or who else doth ? 

Sir H. Tulse. I cannot giTC a positive an^ 
flwer to that, who iayeth out money upon it, 
nor do I know of any such order as you speak 
of. 

Mr. Ward. Sir Harry Tnlae, though yon 
know of no such fonoai order of the court of 
aldei-men, yet is there not some directioD b^ 
tlic coui-t of aldermen about expondiug moniw 
in. a joint way ? 

Sir //. Tulse. I assure you, Sir, I kuovr no- 
thing of it 

L. C. J. Come, he has s^iven a full auwer 
to your question, swear bun. [Which wai 
done.] 

Mr. Holt. Sv Harry Tnlae, now you wn 
sworn, pray, will you giy) an account of wbnl 
hapi»ened about this matter, tvithin yonrkwnp* 
ledge ? Pray, tell the whole story. 

Sir H. Tulse. My lord, about four of tko 
clock in the afUirnoon, this gentleman, and tMO 
more, came to me to my own house, and ho 
(Ud arrest me (I mean, Mr. Keeling^, thai wm-. 
sworn here before me) at the suit of Wrm 
l^iliou; and another of them did vnttLnm 
at the suit of Mr. Dubois: Said I to then, 1 
do not know tliat 1 owe tliem, or either of tbaB« 
a farthing. But what must I do P he toU mi^ 
it was only to giire an appearance. 8ud V 
gentlemen, I shall oonsider of tliat Thai, 
suvs he, you must go to my Lord Mayor* Whp^ 
w6ere is lie,) said 1 f Said he, he is m the ent- 
tody of the coroner, at his house. Where, M^t 
1 ? He is gone to Skinner's- Hall, nid h» 
This is well, said I. So I called for my Mn- 
to hring my cloke. Then they told me, if 1- 
pleasefl, tliey would take my word till to- 
morrow morning, if 1 would promiaeto appeon, 
I told them, they mi^ht do as they pleasea. So 
tliev left me ; *and 1 went first to mj LevA 
Mayor's house, hut found him not there ; M B 
went down to Skinner V Hull, and there 1 
found iny Lord Mayor all alone, and no aklo^ 
man, only the offieers. I asked his ' 
how ho came there ? He toUl me, he 
rested by the coroner. I asked him how long 
he had been detained ? And he sail I, but a littlo 
time : And indeed I think it could not be leogy 
tor I met his coach coininL<: haek from ftkin- 
nerVHall Yihtn 1 went. Vt'tei* that, lie WM 
detained there till about eU-ven of the clock or 
thereiilKiuts. This is all that 1 know of it 

L.C.J. What hcrame of the government 
of the City all thut time ? 

Sir H. Tulse. There was presently a ffreefr 
niM^e iill about the C'ity con«*crnlng* my Lord 
Mayor's lieing arrested, and abinidance of pe^ 
pie were gaihercMl together al)oin the door, bnfe 
there came a compaiiy of soldiers of the trained 
bands, nnil they kept all quiet. There weregreil 
apprehensions of an uproar. I saw noftiin^ e# 
hurt done, though. And I a.Hked Mr. Himm 
the coroner, who was by, am I a pri<Knier toOT 
lor J waa arrested to-day, by n wa 



Iv be fnMB joQ; Says kr, I luiTe » writ 
' you, and now yon ar# bort, I cannot 
iRhtiR von have ffiven t 



[SSO 



hiy«n^po, ^ ^ ^^ 

Si ft took inyMtf to he detained there with ray 



s given an appearance. 



Uri ^Uyor in enstody, and staid as long aa 
hertaid, and went aivay with him. 

Mr. SUcorder^ (Sir Thomas Jenner.) 8wear 
^. Wdb, the Gommon crier, and iir John 
ftak. 

Mr. Wellt was sworn. 

Mr. Recorder. Mr. Common Crier, were you 

il my Lord Mayor's house when this hubbub 

was made ? IPray tell my lord and the jury 

what voo know A' it. 

Mr.' WelU, Yea, I was ftbere. 

Ifr. Hoit. Then tell what pasC 

Mr. Weilr. I was not in the Halt where my 

Imi anyor was, but in another room by: and 

teeMesK came running in to me, and tokl 

■^ I auBt coBw to my lord mayor quickly, 

ftiba wan aireafead by some people. When* I 

ciHi^ I Ibond there were none of the sheriffs 

iflnnlhac oand to arrest people, bat the room 

HiM of oUmt wraonB. My lord mayor bid 

■iliAetheairord, and go along with him, for 

teiMUpA Ulmw was not then ju^ at hand. 

Ivfcai hb lordahin whither be was going? 

1^ eHsner naid, he wm his prisoner, and 

■■I ft '''V ^'^ ^^^' ^ ^^^ house.' My 

laivifvbidine presently send out the om- 

MtonHBon a hei|tenancy, which I did. I 

Mn4 Ai caroner and his men to be gone ; 

', ^ou let my lord alone, and go 

~ieaa? No, be said, except my 

an appearance, be must go 

f aAk liina. I then asked him whither 

wi mmat fip ? He said, he had no place 

»eiPB hoaseto carry him to, and thither 

WMI ; where when we came, my lord was 

n little roem by bimsdf, where were 

ntm-aeif and tiie coroner, as I remem- 

ht. Wy lord nutyor bid me (^o and see fur 

Mnaea Edwards and sir Harry Tulse, and 

■f kri oinyor that now is, and so I went ; 

bt I Iband they were arrested too before I 

1^ CL /. How did my lord go away from 

Ifr. Wtfis. In his coach. 

iff. Oen. Were you by when he went 
■Jf f And who was there? 
1 m, Welh. Mr. Brome, the coroner, wns 
I MAere when my lord mayor went away, but 
I iae was Goodenough. 

L,C.J. Ay, he was in trusty hands upon 

|B|WM^. 

Mt.Cen. Urn soldiers prevented tlie de- 



mUl, 



\ ^^ari so they lef him go agnin 
I m. Recorder. Swt 



r;- 



Swear sir John Feak. [ W hicli 
l!lir John, what can you say to ibis 



V J. Peak. My lord, I had order from the 

*%BKy, to rmae my regiment upon the 

tf vy lord mayor'a being arrested, which 

li • nrr Kltle time, and came ^^irh my 

' ^MYf where I heani my 



lord mayor was, and prerented any atir, as it 
was feared there would have been. Bot Mr. 
KeelUigi I believe, can tell something more of 
the desigm than he has spoken, for I remember 
at the trial of the Traitors at the Old Bailey, 
be did say, That after my lord mayor was ar- 
rested, they did intend something, but their 
hearts misgave tiiem when tttc regiment wa» 
up. 

X. C. /. That is nothinfr to this eause what 
he said there ; now he reuicmbi rs nothing of 
it. Have you done, "^^ntiemen, or will you 
call any more witnesses ? 

Aet. Gen. We rest it here, my lord, till we 
hear what they say to it. 

L. C J. Cume then, what ire you to say 
that are for the defendant ? 

Serj. Maymrd. May it please your lord- 
ship, and you gentlemen of the jury, I am of 
counsel in this cose with tho defendant, Mr. 
Papillon. I see, gentlemen, it is a cause of 
great expectation, and by that means thejr 
would make it greater by far, than indeeil it m 
hi itself But I suppose, you who are upon 
your oaths to try this issue, will duly weigh 
and consider what it really is. Gentlemen, 
the record tells you what it is, an action upon 
the case, whereni the plaintiff declares, that 
the defendant did arrest him, being then lord 
mayor, without any probable cause, and out of 
malice. Now, as to that, gentlemen, 1 con-i 
ceive and think, I may appeal to my Lord 
Chief Justice in it, for (firection in point of law, 
that my lord mayor, if he do mistake in his 
office, and do not do that which belongs to him 
to do, he is as much subject to the process of 
law and actions, as any private person in the 
city of London. If he docs any man an in- 
jury, or does that which is not ri^ht in his 
office, by which another person is grieved, he 
is liable to the prosecution of any particular 
subject the king lias, that is so grieved by him. 
Then they allege, that this particular action 
and arrest thereupon was prosecuted and <ione 
out of malice, and without probable cause. 
Now what have they provetl of that ? 'J1icy 
prove the thing done, that he was arrested at 
the defendant's suit, and that he was kept in 
custody six hours. Hut if wc can give yon 
any account of a probable cause for it, that is 
snfficii'iit to justify us from this action. Gen- 
tlemen, the (piestiou that you are to try is not, 
whether this man or tliat man were duty 
chosen into such an office ; but whether there 
were any probable cause for the dctciid.ant to 
conti'St altout the choice ? And herein the rnso 
will fall out to be thus: There was a difference 
in tlie c\Xy of Loudon, as is very well kiioun 
to every bodvi about the choii'c of sheriffs for 
the city, wherein the defendant was one of the 
competitors ; thf.re were, upon tlie noiuinution 
and election iu the hall, a qfrcat many mtirr 
voices or suffnu;|^rs for om? than for the otlu r, 
which was certitied to tlic c<furt of aldenurii 
and lord tnayor, as is usual ; but some contest 
bein^, a poll was deinandt^l and granted, and 
upou tliat poll, my lord mayor was plea^d v 



S31} STATE TRIALS, 36 Charles II. l6S^.^PHtekard v. Pillion, [3S? 

ileclare tlie election on one side at^nst Mr. 
I'apillon, who was yet aiipreheDdLiI, by the 
tint choice, to be one that nad most siUfrag'es. 
But several mectitif^s there were, and several 
common halls assembled, so that it was a con- 
tested matter, and, as I said, thei-e had been a 
report maile on the defendant's behalf. We 
insist not upon the riju;ht of election ; that has 
been otherwise deti-nnincd. L>ut u hen he is 
put in nomination by the electors in the city, 
and has many sulfrages, and he conceives him- 
self rightly chosen, and* they that are mana- 
gers of the ekection ^ivc such an account that 
in their jud^^fmeut he vius chosen, that surely 
was a probable cause for him to proceed upon 
it. And if there lie but a proiidble cause to brinjijf 
this to a question, no doubt he micht very 
well take the course the defcudant took. Mere 
is no arrest without legal proce<«ft ; nay, their 
own witnesses say, there was an ofler to take 
an appearance witliout puttinjjf it on so far as 
an arrest : if my lord mayor would have but 
given an appearance, there had be^n an end, 
iNit he did not think fit to do that, and so the 
|)rix:ess of law was executed upon him. Then 
nerc is the rase in short : A nian thinks him- 
self rightly and dtdy chosen into an ofHce^ and 
has probaulc n*ason so to think, for the judges 
of the election think so too, and deliver that as 
their opinion : so that though he is mistaken, 
as the event proves, \et he is not alone in his 
mistake, nor without* i^ound of Ids apprehen- 
aiou : then if it bi> (under favour) such a man 
has no other proceeding;?! to take in the world 
for settliuLf this mutter, but to appeal to your 
lordship, and that great court where your [nrd- 
ship Mt.«, to have' a writ to command the 
mayor, ur other iiropcr oflict-r to swear such a 
mail iiiio thcoi2ic'>. or shew good cause why 
he doth not. If \\w mavor, u|K»n tho re- 
reipt of the v>Tit, tlunUs lU to obcv it, and 
swears the man, all is \\eli : if not,' he must 
make a return of the writ, with the cause wiiy 
the command of li;^: urit)> hut oL.-ycd. Now 
the suiT^'siiou of the writ is, thra lui was duly 
cboseii uito such .in otiii'c. :ind therefore lie 
bad a fair way lo put this luatlrr to an eufi ; 
if he would have ie:urned he w ;:<j Ciii.rTcn, or 
not chosi'ii, ihcfL \\?A bern u:i rnti of the bu- 
siness, whirh hi* might ^umUi* i:..cur) to have 
done in obedicsi'jc to tin- ki:i<; s urit. What 
tlien follows upr^n his not doiiii; so '.' 'f he party 
that is grieved hereby, ht>s no o:luir cour:^ 
to take, but to hrin^' liN :utioii at;-ain*>t the 



person; zeal and earnestness to have right 
done, to a man's self or another, in a 1ml 
course of justice, is not malice, nor will mase 
the prosecution of tlie action unreasonable and 
^^rroundless. Have tliey proved to you, gen- . 
tlemen, any particular discontent and malice 
that is between the plaintiif and defendant? No 
truly, I think, by all the proof that has been 
offered, the quite contrary does Bp[iear. The: 
defendant took out a Afaudamus, directed to 
the plaintiif, which was not duly returned: 
what then doth he do next 7 Dotb he most 
violently arrest bim ? That, with submiasiony 
he mignt do, and no oflence in law : no, bot 
he doth not do it, but only desired from time to 
time, as we shall prove anon, that he would bot 
give an appearance, that would have put a 
conclusion to this dispute. There is no ap- 
pearance given: whereupon he is arrested, 
and detained in custody .six hours. If a man 
be once in the ofiicer's'liands taken upon legal 

(irocess, how long soever the officer kesfiB 
lim, is not at all to be laid upon the nenon 
that brings the suit ; tliat is to be lookea after 
by the otticer himself. Whatsoever was the 
usage in that manner, we are not to < 
for (though it is plain an ap|>earanoe 
have done all presently,) we shall profewe 
gave order to use all detereuce and reqwct in 
theworid. And besides (though I would not 
speak it to iuvalidau an}j of the evidence gavca 
about the right of elocution one way or other, 
yet) tliere l^ing a return of the defendant's 
election by the sheriffs to the court of aUrr-. 
men ; but they l>eing.of another opinion, gavn 
order that those that thought themselTfls ag- 
j grieved shonld take their remedy at law: 
which order we have pursued in that nyninr 
coui-se that the law has prescribed. And I 
hoiie it will never come to that, that a naa- 
(though mistaken) conceiving himself to \vKsn 
a right of artion, and suing out the Idng^ 
writ, shall suffer for so doing, uukss particiUBr 
malice be made lo appear. Here isagrat 
noise of dama^, and disrt*pute, and dtsgraen,- 
to the plainiift and his office, and be ha3 ben' 
pleased to reckon his onu damages at 10,000l« 
iVe sa\ he has siistaine*! no damage by any 
thing we have done, but we are qui^ Mt; 
guilty of this uurrasonable and malicious pip- 
stxrutifMi l-jid to our charge. And that we are 
nor iruiliy. tiie matter that has been opened, ««t 
ihiiik, v'ill sur.:cioiuly d<>clare. Fur if there 
nUM a Ci.iito^l abou; tlii* election, and the 



mayor fori*. This Ki\y\r>v ihi' di Jaulant took, [ rirt< rcturntd it as tlitir opinion that the de-j 



bv taking out :i w.it a^aiuM tlie idaintiii*: and 
w*hat was the eflVoi oi iliut wv'ii / U is indt*etl 
charged \wsv l:\ ll;«' onr.:iM'l on tlic ot!;»p side 
that there wiw a design of a di«icontented parly 
in it, aud 1 kii>>w not »ii:U, <ii]ii a gre:tt ^vzX ot 
stir made that a i-vkuntr o/ihi'iiiy ot London 
should arrest my b nl iivjor. ft may be it 
was not in rcvtitiuly dune, but yei if he 
thou'^hi he had good 'cause ofactiun against 
him,* he might do it lawfully. Doth this 
prove to vou, that this nas maliciously aud 
unmsiinalily done.' Malice must be lo the 



li'udaiit A^i^s chosen, though they and hn 
t«M» ^*pre iiiistakt'n. mh that might give a |inK 
iMblegrouiMi fo»- his pur^uiug the course he dM 
tiike.tind thevcr,> CAiiiitufaliKuuieu^aiHlthelor^ 
maj or. bltlding them take their course at bw, we 
sure shall nut be punished tor it. We did nsi 
priv^^rute our «|JCsiion iu any u.aIicious wajr*. 
but in tiiat course that the' law allows, wif 
taking out the king's writ, aud m c hope ihv 
latv will pnitect us tur it. , 

Sir. Wiiliamt. ^\ill vour lordship hm 
pUttscd to spare me a woril on the- 



STATE TRIALS, 3()Chaeles II. iGSi^^Jbr/ahe Arreut 



tWtci 



^^■ilil Mr. Scrjeatit Mayiiard. 1 um ot* conn- 
^K^i^t ' wiiti Air. PapilluD, the tie- I 

^^^|Et 'li(»D* Wtf do not insist iipm 

^^^nhr u" ''ing to assrrt <mr 

(1 vvc we r*f elected, 
. .,^, ami wc rested i^a- 
^ e C4^>me tiere now before 

Myniii|^v< in: whether we had any 

piiobtlite cause ol ojchun, upon ivbicK we mi^lit 
dot this nrucf'j^ mentjoned in the decla- 
|l ivhich IK a Capias upon a Latitat i* And 
p iiisist upon itf that ttiis actioa of lUe 
ttffV must fall u|R}ii the i^ue joined^ iCwe 
~ ouk mii^tf you^ Httd <jht'W that it was not ma- 
ilBimn> and without probable cau«c. And 
||0B|^i our cause of action ai; Ju'^t tlie plain- 
fSfSSw -' ^ the <'«eot not tu be a $c^^ and 
Mtfci< yet it it wore proliabte^ it will 

evade u.^ < .<^ ^^nv^ and that is att we laboui- 
for, TUi y do not alfen^pt to ph/ve, at least- 
•Re I hare not heiird any tiiioflr of it, that thi^TC 
lias All Sprees ujaiice, any tlun|? either snid 
ardoiie bylhedeiendanl, luotethaii the cau&iiig^ 
lo Ue arrcsteti upon this writ. It iit very 
know II, it wo«s iu the city of London a 
ttry Qiuoh cantroireikd questioHf whether 
Ht' ft^»p4Uun And Mr, Dubois, or sir Dudley 
uh aud Mr. Rich, were chosen shm-ifts of 
bo Y 1 would uol run over the history of 
dot loo wtU Lni)HU and rememl»ered, 
\ons that \s€v* m the city about it, 
vtcre so much disffati^etj with the 
5ir Dudley North and ^ir. Rich, 
•» tIij|>yHj^r them not duly elected, 
t have the court of kinjX^H bench 

^ nt of MandanTtts to swear Mr. 
Mr. Dubois^ Tbta Maud am us 
red for, and grauted ; and to this w rit 
Bttjor and aldermen, to whom it was di* 
iii^c a return that we were not elected 
of Lotidou, which return waa appre- 
Iddied to be talae ; and really to try the truth 
of lldi return, was tJic acticm brought againt^t 
tbepllAfilitr. A man that is injured by a talse 
fttwiit hath iudeetl no other way to right hint' 
•eH^ bat by hnnijinij an .icuud against thera 
thalflcmde it. Lpon this actum bi'oug'hl, I hope 
yog lire jottisficrd^ emitlciuen, from liie eviiienc« 
lint lias been already mveo, the dcfendtint 
pOMKcded re;;:u1arU and orderly, in a decent 
OHOncr sj'jHyiQ^ htmsielf to get an appearance 
tt^kk ai!tion. And ue shat) proie he did so; 
kif ftrtit, he took out a Latitat aghast my 
M uyiyc»r, aud by the attorney gave him 
Mtke ofit^ and desired an appearance ; w that 
ike <|Miertion in dii»pute mi^ht come to lioine 
But he was not pleaiied to ^ve 
ippcftnuice to that « rit, !io we took out a 
fty gave blm Oiotice ot it, and desired an 
but could have no appearance; 
ipoo we took out an Alia^i Capias, 
i4trii i*i thi^-^vrit Dientioner] in the declaration. 
ad tl r, who hasbt'en named, wa3 

tbcn I noold be called upon to make 

MOME return to hiK wrtt; which Ije acijuainled 
mj b>rd mayor w ith, and desired him lo ^ive an 
Hrjugb lie tdosi^ t& 4o ; the 



[334, 




officer wa!« constrained to arrest hilD* ta «xe^ 
cute tlie king's writ, and yoti hear how 
treated hhn with all dn^ respect, and ca 
hiin to liisonn house, where he «itaid son 
hours, and then went away, AH thift tin 
were wc witisfied with what was done, 
erpectcil no mure than an appearnnce, wh 
at lii^t was g'iven. Upon that appeamm'>e 
did de^'lrtre, in the be^inningr of Hillary 
Eastcj' term (83) : but it tell out, that in Easter J 
term (B.S) there was an information for a riotl 
upon ^lidsummer-ilay belbrt% abcmt this coit^j 
tested eleclion, came to be tried. And that.] 
i-oming to trial, 20 Mali, aud being' found tob%I 
ari<it, and the she ri^s Rwoni to he iluly cict tedy 
iJicreupon wa were abundantly satisfied 
we were mistaken, and under misapprehen- 
sions, and that our caust- of action ivould n< 
hold, and we did discontinue it. Indeed, 
we had jirAKceul<»vl our action after ihat« 
wouhl hare betu more like an ang'ry and i 
fiilly prosecution, anti the whole haM* had i 
worEe con^l ruction, than the tliin;!^ in itscll 
wnuhl brar. Hut when we found the opmioa 
of the court to be a^inst us alH>ut our eleclion^^ 
we imiuediaiety discontinued our action* 
Gentlemen » we shall prove thc«elo haf^e been 
our proceedings, and that, I hope^ will satisf;^ 
you, wc arc not guilty, according as we havi 
pleaded. 

Mr. Ward, May it ]deasGYourhirdshjp, t 
you, tjfeutleiTien of the jury ^ 1 am of counsel < 
the same side, for the defendant, and desire i 
be heanl one word, as to some thing?* tha 
have been said on the other fiide on this caus< 
There have been some tpiestions asked, that< 
tery much reflect upou the defendant, aud 
which I woidd take out of iliis cause. 1 shall 
take notice, tirst, what the questions wc 
and tlieu tpve them that regard and answe 
which they deserve. That which in un 
g^eutlemiE'n, by M'ny of crimination, in tliis < 
anj^ainst the defendant, and an unjust as well i 
foreign refleeiion, not at all coucerniu*^ tt 
cause, is, as if the defendant were acquainti><| 
with the insurrection and cou'qnracy that wa 
intended aj»-ainst the king's life, and tor sub 
version of the sjovernment, and procured lb 
plaintiff, then Jurd mayor, to be arrested, i 
fnrther and promote that inaurrectioti. But i 
that w as insinuated only tor rolkciion^s sake 
so i hope you, g^enllcmci], wilt l»e plaased I 
take notice, that not one word of any aa 
thini^f is proved at all« thiit the defeudant eve 
knew of any intended insurrection, nor tlu 
this »a« done with any such design : for eve 
their first witness, Keeling, from whott^ lieiiij 
employed by the coroner in the execution i 
tlie writ upon sir William PritchaT*i| the pbiiv 
tiff, they would argi|,e that }»orueihioar else wa 
devigned in it, doth g^ive a positive denial of an 
such tliincr now upon his testimony here. An 
Mr. Pupilion the defendant never knew bim i 
his lite, nor employed hiui in this busiiiesa, ud 
unlered thai be should be out ployed iu it, ua 
ever saw htm ; but the coroner ^Ave him 1 
warr«fitt9 axecuta* If, Ibor^bre, t^eeUn^ and 



333] STATE TRIALS, so ChablbsH. i6s«.— PnYdbirtf «. F^/oii, J3S0 

to ftiiy attorney, imil ixderum m appeamHs^ 
antl UKii, I hgpe, t]iepeaee<irUfte kiiigfdoni bad 
bem in no (leril fir«m audi a tlei^ii aa ibii 
anest Wkicli I ivould not have dicb- 
tkmed, nor ahould liave taken to be at all 
ooooenied in the isme nnw befbre you to ba 
tried, but diat I find them to be tttken iM6 
the questkm, when I hope you will oonaider 
they are no way uatenal to the ]ioint in cob- 
troreray. Now, p^eatleinen, in onr defeaoe 
against tiiis suit ot the phiiiitiflr*fy weahaHoaH 
our witneasca to prove what we have opoied. 
And oar -deienee wiU be in theae atepa : -fin^ 
to shew the inducement to our action agaiaaK 
the plaintiif : which will shew tiiere waa a 
probable cause. Secondly, give an aeoouM of 
tlie reverent cania|»« and behaviour towaHb 
the plaintiff in tlie prosecutiou ; how wMi ff»> 
iterated applicationa it was only deaired 4faat 
the plaintiff woukl give an apnearanoe, whU 
hewasnotpleaaed todo; aucl that-theroupa*^ 
witli great civility, the king's writ waa ODe^ 
cuted, as indeed i see no proof to the eooliM. 
For neither the coroner, nor those other paaple 
that ^ve their assistance to hnn, were dl all 
rude in their carriage to my lord mayor ; Imtas 
soon as the arrest was made, they were dX 
turned off, and the coroner staid alone widi 
my lord, and went with him in hia lordaUp^ 
own coach to tlie Skinners- Hall, wfaioh was 
the coroner's bouse. Neither waa tkave any 
thoig ill donoj after all tliis was past: iw, 
upon the plaintiff's appearance, the aow di^ 
fendant declared in liis action, and intaadad to 
pursue it ; but it happened that aft e i w aids , in 
a short time, these things suffered .ftom de- 
bate, in a trial tliat was hei-e about a riot it 
this election, where the question of the right 
and election was determined on the otficr side, 
which gave the plaintiff in that action, the 
deiendaat in this, satisiiiction that he was in a 
niistake; and so he tlionght tit to disctniti- 



Goodenonglt were ooncemcd in any ill 
ness, and liave takeu upon them to do that 
which they ought not to have done, that doth 
not signify any thing in this me, nor ought to 
turn to the defendant's prejudice. Nor, if any 
thkig were done by the officers, that were to 
execute tliis process, that were a Misfesauce, 
or a male-executiou of their office, that ought 
not to be impute<l as a fault in the defrndant. 
Bntfor this matter now before you, the case 
will depend upon this point chieflv, whether 
the now defendant had a rcasonalm cause, or 
probable ground, to bring an action against the 
phimtiff at the time when it was broi^ht, and 
this arrest mode i* For there is many a man, 
that at the commencement of his action, doth 
conceive in himself, he had a good probable 
cauise of action against another man, that in the 
event of things ftods he was mistaken, and 
hath no such cause ; and tliercupon desists the 
prosecution of it. Therefore the probability 
of the cause, at the time when this Act was 
doae, is the question you now are to try. For 
we are not now considering, whether tbat pro- 
bable cause did continue ami prove a good 
rause ; the event of this matter has proved it 

Siite otherwise. Indeed the original qnestion of 
is whole cause was, Who were only elected 
•hcrifis? And that at the lime of such election 
made a great number of votes ])assed for the 
/leiimdant, is, I think, very notorious, both vpon 
the lifting up of hands, and upon the poll. 
These thmgs we sliall offer to you, and make 
it ont that these gave occasion to tbe defen- 
dant to conloJt tlie election, and consequently 
to the bringing of the action that the plaintiff 
wan thus arrested upon- If then there were 
such tilings as these that we have opened, 
which gave a colour to coiitrovcit the right, 
and the defendant pursued the method pro- 
scribed by the law to bring it to a determina- 
tion, and there was no particular disrespect or 
incivility offered to my lord mayor, then sure 
there was no reason tobriiig this action against 
us. And that there was no indecent behaviour 
uaed towards the plaintiff, doth appear from the 
evidence that hath been given of the whole 
transaction. All that was desired of my lord 
mayor was but an appearance. For tliiii was 
indeed an action thi't did not require bail, but 
an appearance ; thougii. I nmst neeils sny, I I 
never knew any one ss) avtiNc to ir'ivc. nii ap- 
pearance to nn action as tlie plaintiif was ; 
for atler a Ijuiitat and Ctwias htken our. ai'.d 



iiuo tiint action, an<l proceeded no furthei^— 

L, C. J. No, Air. Ward, that waa not tha 
question detennmcd then. 

M\\ Wara. My Ijord, I humbly conceifa 
the issue of lliat cause did determine diat < 
tion— — 

1. C.J, No, no, r tell you it waa not the 
question. 

Mr. Ward. I must submit it to your hud- 
Khij». 

L. C .T. I pi'rceivc vou do not nndnitMd 
the question thnt was 'then, nor the qiu. ilii 



beiug frequently acquainted with it, ami at i tiiat is \mw. ' \ on have made a long 



length upon applicatian aOcr thcta'/.inp; out of 
the^/i» Cai;i<fi«,and many attendanroN, u ith all 
the deference and respect iina>j:iii»hIo. hoth to 
his person and office, not so much cs a bare 
nppi'arance could be obtaiped. l^)ion the opon- 
uii; of the declaration and the cause, you l:avc 
been told of the great dangci-s that ncre in 
the case, as to the intringemcnt of public 
peace, and the government, which has been 
Tcry much aggravatctl on the otiier side. But 
had the reasonable request of the defendant by 
his altomcy, or the officer, so ofWn repeated, 
baan but compliud with, it had been but s«iidlug 



here, and notKincf at all to Uie puqKiae: yi 
do noi uitdcrstcUid what you are about, I 'toH 
you it was no such question. 

Mr. WurU. My lord, I was onh' giving anac- 
rount of wiiat we should prove as to ttie iSut' 
ness of onr proceedii?j»>j 

L. C. J. iiut 1 must interrupt you, and %A 
yon, all }'nu have said signifies nothing. Mmk 
as to what you mention of tlic trial for tbe ntt^ 
I say, if tlierc he any electian to an oiBee aft 
any time, that is controverted or doubtful, y«K 

halve forms and methods of hiw tofl"^ ' — 

the coutro voTky— — 



m 



STATB IWALS, 96 Chables II. l6S*^orfabe Arrea. 



[335 



Mr. Wkrd, And weMij, with anbmission, 
■J lird, we hare only {mnoed tuch form and 

£. C. /. Toa are not to try rig^ito by club- 
liw, by riots, by Doise, and by tiimults. 
fluiiuiL, yoa are fnistaken, to say, that was 
tefsestiM upon the trial of the Riot No, it 
ttSMtthe qncstiDn, bul the defendants there 
w«n trM for a oolorions offence, and di«or- 
My tMnvkiMNis assembly, an assembly that 
M fte to have set us tc^thcr by the ears, 



ire you niii 
Wym will speak, 
hmL Do not 



AilisaB i 



moBt not talk after that rate. 
sk, apply to the business in 
uaJke sucli excursions, ad cap- 



N^ii/am, with your flourishes; tor 
I tbat is designed by your lonif ha- 
But 1 must nut suffer it. I i^ill none 
Dcl, nor 3'our garniture. Thebu- 
of the court, is, and bv the grace of 
9ai^ it shall always be my business, and so 
f^fkmM h9 the coansd's too, ' Servare jus 
Shim.' But I see you do not understand 
'AifvcatioB, and that makes you ramble so 
■Kt njoar discourse. 

Mr. Wmrd. My lord, I ilesire always to do 
•Wia^; and do it as well as I can. I know 
iVfWdl, and hope to apply it to this case, 
te ia aanestion of right there are forms and 
MAaft or law to be pursued, and I would de- 
ftiiaj ciieDt from this action, by proving he 
HiiBaB. that mKhod ; and when he apprc- 
baMktkad been before mistaken, hedesisted 

Aiwtebe bad begun 

' Lax I tell you, I perceive you do not 
MlartHd tlie question. 
.MLlFarrf. It' your lordship will jofive me 
lMelicx|>lain myself, 1 hope I shall satisfy 
jHrlwdsbip. 
L C J. Ind<^d Mr. Ward, you do not nn- 
iaMnd the question at all, but launch out 
Imi aa ocean of discourse, that is wholly 
aiiefram the mark. I see you do nut nader- 
ttadiL 
Ifr. Ward. Will your lordship please to 

karrae 

JL C- /. Ay, if you would speak to the pur- 
fm ; but 1 cannot sit here all nii^lit to near 
jm anke florid speeches about matters that 
mt foreign to the point before us. Come to 
fe«ncstion, man; I. see you do not under- 



M what you are about 
■r. Ward. My Lord 



L C. J. Nay* be as angry as you will, Mr. 
Wad, 1 do tell yon again, all you hare said 
hasliiiBg to ttie purpose, and you do not un- 
* the business. 



, Then there was a little hiss liogun. 

^C.X Who is that? What in the nnmc 
trfOad! I hope we are now past that tinic of 
humming ami hissing shall be used 
oTjustice; but 1 would fain ktM)w 



that dare to hum or hiss witilo 1 sii ' niav^r nhoi>t it / 



hissed or hummed ; and I do not question biit 
they hare as good a will to it now. Come, 
Mr. Ward, pray let us have none of your fra- 
graories, and tine rhctoi-ical flowers, to take 
the uople with. 

i^lr. Warfl, My lord, I do not do any such 
thing, but if your Inrdship would please to hear 
me, 1 would explain myself, I hope to your lord- 
ship's satisfacUon, and the satisfaction of the 
gentlemen of the jury. 

L. C. J. Hear you? Why, I did not in^ 
tcrrupt you, man, till you cafnc to launch out 
into extravfigant things that did not at all con- 
cern the cause. Keep close to the question 
we come here to tr\', and 1 will hoar yon as 
long as you will. I'^hc sinpfle question is here, 
W^hethcr there were a probaMe cause for your 
arresting the idaintiff, or not. 

Mr. Ward. My lord, we did apprehend, I 
say, that we liivd a probable cause ; but when 
we found our mistake, we discontinued oor ac- 
tion, paid costs, and have a receipt for them. 
This was it 1 was saying 

L, C. J. Say what you can, in God's name, 
that will con^tuce to the point in band ; but do 
not make the |jco:iIe belies c as though the right 
of sheriffs, or not sheriffs, were determined 
upon the trial of a rioi . 

Scrj. Muynard. There arc. these things that 
are proper to be con«idere«l in this question, 
whether the cause were probable, or not pro- 
bable ; and if not probable, whether malicioua, 
or not ? 

L. C. J. True, brother : if people will but 
understand their business, it is reduced to a nar- 
row compass ; but if they will not understand 
what it is they come about, they will rambia 
from the point, and who can help it? But we 
must keep to whr.t ir> before us. 

Mr. WUUamit, ^\'e shall make it out, that 
notliing" was dune hut very civilly. 

L, C, J. You uiust ra«ike it out, that nothing 
wns do;ie hat what you had probable cause at 
IcHst for. 

Mr. Williamx, We will, my lord, apply our- 
prlvos to that which your lordship directs. 
C'AX M\\ Brome, Mr. Courthope, and Mr. 
Cornish. 

Mr. Brome sworn. 

?ilr. Ward. l^Tr. Brome, are you sworn f 

HnmK. Yes, Sir. 

Mr. Ward. Hare you the WTits here ? TIjs 
Latitat and the t'apijis? 

Jiromr. Trulv, Sir, 1 have not ; I did not 
brlRif tlipm witli me, thry arc at home at my 
house ; if you ploasi*, I will fctrh them. 

Mr. ]} rrd. Pray, can you tdl, Sir, when 
the first \^rilwas rt-turnahic .'* 

Y.rome. In lliliry term. 

Mr. Wrrd. \Vl:cn you iKi.hli.-^t writ brought 
to you, Sir, ^vhat did 3"ii suv to my bid 



k« 1 wifl assure him, be he who he will I will 
■ hrthe heels, and , make an example 
L ladced I know the time when causes 
i» it carrMd according as the mobile 



Phvuc. 1 W(Mit to my I'»id mayor with ^Ir. 
Cloodrnoufjli, \\^\y\ dt^iri-d iiiv lord that lit* 
would apjM'jir ioii. .T"! M". Ci(»o(Ienoui;htn»d mo 
he lifid di.>^ircd of !;iui lii!.n«Llf bL-fo:'.*. But hu 



9S 



3S9] STATE TRIALS, 36 CuAm-ZS II. iSS^^PrUehsri v. Pdj^ltm, [MO 

■aid be would give oo appearaDce. If I would 
take bim upon the writ, I might do ap 1 
pleased, and he would consider, and do as he 
should think fit ; but he would not gire any 
appearance. I told him, I had writs against 
seFeral of the aldermen upon the sanue account, 
and that I would wait upon them also ; and I 
did so, and desired them to appear, and offered 
to take an appearance from thiem, and gave my 
lord mayor and them time to consider of it, 
and came again ; but they told me, they had 
considered of it, and would give no appear- 
ance. 

Mr. Williams, When was this. Sir ? 

Brojfie. In tlie beginning of Hilary term, to 
the best of my rcmembra[nce. 

Mr. Williams, What time did you give my 
lord mayor to consider of it ? 

Brome, About a week, or some nine or ten 
days time, as J remember. 

Mr. Ward, Where was it that you had that 
answer^ that he had considered of it, and would 
give no ap|)earancc ? 

Bromc. It was at the court of aldermen. 

Mr. WHliaiNs, M'cie the writs brought again 
tfi you ? 

Brc/ne. There was not time to make a re • 
turn tben, and so they let all alone till a httie 
before the U.«];iiming of Easter term, and then 
•ne day Mr. Goodenough, the attorney, brought 
me the writs a^n, and threatened to complain 
to the court ot me, and acquaint them, that I 
had neglected tlie execution of the king's \iTits, 
two of them. 

]\Ir. Ward, Upon your oath, Sir, did he 
threaten you, that if you did wA make a re- 
turn of the writ, he uoiiUl comMhiin T 

Bromc. lie said 1 had c.xiiostd him to tli«* 
complaint of his client ; and if 1 diil n'lt do it. 
he would com;iIain to the com I of me: if I 
would maki? a return, as I ou'^bt lo do, well 
anil good, il' not- 



GibsoB, and intreated him to let my lord mavor 
know, that I desired to speak with his lordship 
at his leisure ; aftervi'ards, when I came ap t9 
my lord mayor, he asked me> what wai mv 
business ? I told him the writs were renewed, 
at the suit of Air. PaniUon and Mr. Duboia, and 
I was pressed to make a return ; and I desired 
his lordship that he would he pleased to gire 
an appeerance. He told me be waa ready to 
aobmit to the king's writ, but would not give 
an appearance; thereupon the officers named 
in the warrant by my command did arrest him. 

Mr. Ward. 6ow often did you wait apoB 
my lord mayor for an appearance upon both 
tlie writs, before he was arrested ? 

Brome, Several times ; I cannot exactly tdl 
how oAen. 

Mr. William, Had you directions, if he 
would please to give an appearance, to take an 
appearance and not to arrest him f 

Brome, I had directions to take an appear- 
ance, if he would give it. 

Ait. Gen, From whom had you that durec- 
tion, Mr. Brome? 

Brotne. From the attorney Goodenongfa. 

L. C. J. Now, Mr. Brome, let me askyottft 
question or two : how long had you been ooro-' 
uer before ? 

Brome. About two years before, or there* 
abouts. 

L. C. J. Had you ever made any wamntf 
upon writs of Capias before? 

Brome. Yes, my lord, several. 

L. C. J. Who did you use to make ^r 
warrants to, to be executed ? 

Brmne, T never keep my warrants ; they 
that execute them have them. 

L. C. J. But answer me, To whom did you 
make them ? 

Brouic, To one ofthesherilTs officers com* 
inonly. 

L.'C. J. Then I ask you, upon your oatli* 
Mr. Williams. If not, u hat then? Did he ' did vou before this time ever make any war< 

^« ^*l .1 * : t?!„ l..^.L_^ ^' ^1 ,.-ll U i! . . 



use any other ihrcatenings, pray, Sir, but that 
he wo«ild complain to the court ? 

Brome, Mc did threaten to complain of me. 

Att, Gen. Vousay, Sir, he threatened you ; 
what aiiswor did you make to him ? 

Bromc, 1 did not use to execute writs myself, 
I told him : lUcreMj)oii lit- did pnipose two per- 
ikons to me, Mr. Kuelin«jr, and one Mr. Hur- 
Jeigh, for he told mn thu shcriifri ctiiccrs would 
not do it. 

Att. Gen. Pray, Sir, did you endeavour to 
get any of the sherijls oHjcers lo do it ? 

Bromc. He told me he could not get any of 
them to do it. 

Mr. Ward, Mr. Brome, what did rou do af- 
ter he had proposed those two jMTSiinii to you ;' 

Bromc. Aiier I had given tlinse w;Lirants 
to the officer he had named, I told hitn, i was 
willing to go once more to my lord mayor, to 
see if I could get an ap]tearancc of hini ^vlih- 
out arresting him ; so I waited on him at his 
house at Grocet's-hall, but found him then 
at dinner ; so I went away, and canie again 
about four o'ck>ck, and I 'first spoke to i>ir« 



rantb to any otluT person, till such time as you 
made time warrants to arrest sir Williara 
Pritchard ? 

Bromc, I have made several to the sheriib 
officers, that I cannot remember now particu- 
larl\\ 

L. C. J. But mind my question, man, and 
answer me diierliy ; for I expect yon should 
answer me positi\cly to it. Have you ever at 
any time made any warrants to any other Imt 
the sheriffs oHieers till this time ? 

Brome, 1 cannot remember that I have. 

L. C. J, How then came you at Ru»el1i 
house to discourse with Mr. Goodenongfa about 
who would be fit to execute the wnt, when 
you used to employ the sheriffs officers, and 
there were so many of them ;' 

Brome. He t<dd me he could get no one of 
them to execute it. 

L, C. J. But there must be something mort 
in it than ordinary, that yon and Goodenougliv 
and all those other people, ahoidd come to niMi 
about such a thing as this, to difioonrte md 
consider who should bo fit to be pot intoa i 



UX] 



tnlliM t; 



STATE TRIALS, 56 Charles II. i69*.—/or/alte Arral. 



f34« 



upovi a Opiiu, when be- 
' j-> make it lo thoet* that 



;i»-Ti til . ..^ ,. .-,....._ ..... 

I Im iKMniaalc'., i ,..*.^^ i i,.v ^.,.01- 

it. 
X. C» X Then iftu' t»p, if you ean, any one 
r 1 Vrtii litre taken the 

I «r til. ^ , Vhoce uame lo [lut 

V*-«, tny InnI, I can. 
L, C J* U« tlleii, let's hear it, wUeii ivas 



Bf^ 



1 dM 



mnj< iru 



I came 

iji v^iinin to put 



r 



JL C J. Uf--* .<;r..,.^ ;..... Ji,j he gtfu you ? 
J^*»#. Hr tiejt in writinjj. 

JCanfii^* fiifrr, mv turd. 
£ C /* %Vhat was the meaning of that 
«ivl thai was oi»pti l»y yo»»» ' *'»»* t^ie party 
fo laf^rTf if vou did not ariik^t my l»i d 
' Ibr that is "it, wbieb makc?s me so in- 
tiklA thiK uiatter, tiuw these people 



M«aaitt«u I 



lit to ft r rest 
u'tefi it : how 



^y i5on«Hcr witlj yourself, 

I rwrr. ir*^^^ ^ir P * . * m you ivere 

to I 

you -..r ,.M* .,,,1 

fj^U lo be drawn in, unrt eui^iiged to 
^kf^Eerling, I wtU tell > ou, u»y l<>riL 
LC^J. Ay, and tell us what number of 

m about thirty Or lorty. 
1 '> ttiie attutiij;' them f 

Xa&«^. lit£ wa« there same part of the 

L C^ X Wrll, what was the ixason that you 
k99ll|ei^gt3<i ahout thi« thiiiir? 
I vrrtit 
[r, Bremer 
MilaHiLlf 
lime. 
1 caxD^ t 
warraoi 



1 came 

:iy ;in 

con- 

i . that, 

> ,,.,-.„ 4.jsierte<t 

. ' fioroner, to ar- 

1 loril mayor. I 

»uccrnctl iu any 

. ly unwilitug' to 

tr. Kays Ulr. Good- 

11, Vou wiJi diiiobli^L' 

m^' ; ilu not doit. 

I Ir. Hrom<^ io the company 

•Wm L.c->icrirHj^ii e^^iid mo to you ? 

lic^M^. 1 know nut tJiat truly, hut he waa 
liii^ is ibir rompany . 
L C* / IJuw many were (here in the roofn ? 
XtWm^. Ahoiit twenty^ or more, a« near aa 
ftaareMpber. 

L C. /. Y«»fi, Brome, did you ever, when 

|IB fVBiv««l a writ to iirn^si n maji» 4ud were 

Hl^aa iAiifurit >j(trai it^ <-all a coiiJtult of 

••ilyot In it^ before thia time f 

Mfwtm. iiow. 

LCJ,^ ^M>^ ii»> »-kdi-a-day thou wertoi 



innocent in all this matter m a iniekmg' chilif. 

Mr. Wiftiams. Was Mr. Papillon in the 
comfMiny, Mr. Keeling^ ? 

Keeihii^. No, he was not. 

Ati. den. Mr. Brorne^ pray answer me; 
when you had my lord mayoriu your custody, 
how€!arac you to discbarjre him out of aistf>dy f 

Brome, 1 was taken into custody mywif. 

Mr. Ward, Did my lord mayor give an ap- 
pearance ? 

Brome, I waa committed to die compter 
my Stir'. 

Mr* Willuiwi. Were you by when it waa 
agreed that my lord would give an appear- 
ance '<* 

Br^me, I believe not ; it was allenvards ai 
1 have heai*d« 

L. C. J. A-lack-a-day, it went stnmg'ely 
a^ioiit Mr. Brome*s stoiuach, all ibis diiK *( 
know it very well he had no tuitid to it at all, 

Alt, Gen, Mr. Recliiij^, did you hear any 
discourse between the iweiily' or llitrty that 
were in that company about thii» Utsiuess ? 

KecHng. 1 cannot say who in particular dis* 
coursed of it^ or what was said. 

SoL Gen, Wuh it discoursed of in the whole 
cdmi»any ? 

Keeling. There was some diicourse about it 
in thecompany- 

L. C. J. Y^o'u, Brome, were you ever ac» 
fjuainted with Keeling liefore ? 

Bnmie. I hnd the misfortune^ my lord, to be 
concerned uith him about some coal- works. 

L. C. J, Did you know that Mr. Burldgh 
before, that was tlie other hailiff? 

Brume. I knew him by sight ; 1 had no g^reat 
acquaintance with him/ 

L. C. J, Pniy where lived Keeling ? 

Brome, At ifasl-Smithlield. 

L. C, J. And where lived Burleig'h? 

Brmne. Truly, mv lord, 1 know not 
think at the other eiu) of the town. 

X. C J. But prithee, how vnmv you to joiil 
these two peojde lOK^cther m ilns bu!iine<i« ; 
the one from \Viipping, the other from Weit- 
minsler ? 

Brortte. Where the shtri^Bi were coucerned* 
as they were in this mutter, and tl^^refore it 
came to me, I thought it not bu proper to 
pitch upon the sheriffs officers, uor wouhl I bey 
do it, as he lotd me ; and especially it beingf 
to arrest my lord mayor, 1 did not thmk proper' 
to employ any one that Ibetl iu the city* 

L. C.J. But there were abundunce of peo- 

Ele that were not citizens, that w ere nearer at 
and, and nearer together, and liit-er for such a 
purpose than a tvarfcsruan ft:irlied ont of th« 
east, and I know not who out of the west, to 
arrest a man : there must be some utlicr mean* 
lag in it, 

Bromc, 1 £rave them the nomination, as 1 
used to do in like cases. 

X, C J. Upon your oath. Sir, waa it you or 
the attorney that namcti these per-sona ? 

Brome. He told uie he could tf«t none of 
the sheriflH officers to do it ; and I did n«it 
think it indeod proper for any of ihooi. 



^ 



3i3] STATE TRIALS, 36 Charlss IL l6^4^PrU€Urd 9. PttpObUs [SM 

liis attorney ; how he dioold oaurj oa lhi» 
matter. 

Mr. Cornish, My lord. That which I-^articii* 
Urly reniember, I shall fully and verv faith* 
fully declare. 1 was with Mr. Papillon 'Vjod 
Mr. Dubois, at my house. The occasion of 
their comings thither, I knew Dot, nor did esped 
either of them there; I myself cametroM 
Guild- U all, either from a court of aklennen, or 
from a committee ; and when I came home, I 
founil them there. We had not been many 
minuttis together, hut in comes Mr. Gooo- 
enough the attorney ; and he api>Ued himseif 
particularly to 31 r. Vapillon and 31 r. Dubois 
to receive their oi*ders v» hat lie should do ; for 
he said the time was almost spent, and he bad 
addrci^sed himself from time to time to my k>nl 
mayor, and some of tlie aldermen, to get Uieia 
to appear, but they would not. They told hira 
then, chey had j^iveu him what orders they bad 
to give Imn ulready ; that it was tit the mailer 
should be brought to some trial or issue, tbftt 
there might be an end of it. He pressed them 
then earnestly to know what he shoidd dot 
Said they. Yon are to desire an appearanot l» 
the action, and if he will ^ive it, take it, and n- 
member my lord mayor is the chief magiitrtli 
of the city ; and pray, cai-vy it wilh all ntftti^ 
and regard imaginable to him. 

Mr. IVilliums. You say, Sir, they M ' ' 



L. C. J. And why, good Sir ? 

£rome. I did tliirik so, truly* my lord. 

X. C. J. Why.^ Wiiy ? VVhai reason had 
you for it r* 

Brome, It was reasonable, as I apprehend, 
my lord, for me to think so, it being in a 
matter wherein the sherifl's were so much con- 
cerned. 

Sol. Gen. Bat did you propose it, or any 
one else in the company, upon your oath ? and 
who was it ? 

Brome. The attorney nam^^l them. 

Com. Oerj. It seems here were a great many 
pci'sons met at Russel's about tliis business. I 
desire, my lord, tbat Mr. Brome may name as 
many of them, as he can, that were there. 

L. C. J. Ay, as near as you can, name the 
twenty or thirty persons that were there ; for 
you living in the city, and having an acquaint- 
nnce among that sfirt of people, must needs 
know most of them. 

Brome. Why, my lord, there were both the 
Goodfuoughs, and Mr. Nelthorp, and who in 
particular else, Icanuot well remember. 

L. C. J. Yes, yes, I am sure you can tell 
more of them. 

Brome. My lord, 1 cannot sucar that I re- 
member any oUier in particular. 

Com. Serj. It seoms he has named some of 
those that are in the proclamation; pray, Sir, 
do you remember any otbers were there, that 
were in the proclamation ? 

Brome. I do noi remember any other of 
those in the proclamation were there. 

At.L Gtn. Can you remember any that were 
not in the proclamation ? 

Brome. There were several people that I 
knew by sight ; but I caunot remember their 
names. 

L. C. J. Nay, nay, pray open your eyes a 
little, and recollect your memory, and tell us 
who were tlieix* ; \ know \ on cau <lo it. 

Bvome. Mv loiJ, thcieVeiT many citizens 
that 1 knew by sigiit ; but had no particular 
acquaintance with iLcm. 

So!. Gen. Did you know a;iy of the com- 
pauy bosidrs thti Goodeikough>, and Keeling 
•nd'.Nellhurp ? 

Brome. 1 had litile acr|uaiiitauce with him. 

»Sc)/. Gtn. How come you to rcmembLr him 
60 particularly :' 

Brome. I verily believe he was there. 

11 con/ir. \\'«s Mr. West tlicre ? 

Broine. I cannot positively sny whciher he 
was or not. 

Mr. Williams. Swear Mr. Cornish then. 
[Which was done] 

L. C. J. You, IJroino, was Mr. Curnish 
there!' — Brome. Not that I kuowof. 

Alt. Gen. It is ^trunge we cannot l^rn who 
those persons were that met there. 

L. C. J. Oh those fellows have »tratige me- 
mories for their purposes. Weil, what do you 
call him for ? 

Mr. Ward. My lord, we call Mr. C^omish to 
give an account w-hat he knows of this matter ; 
what diructions were giren by the plaintiff to 



to take an ap|»iarance, if he could ^et it t 

3Ir. Cornish. Yes, and they dedar^l, thil 
their design was only to brings it to aD i«Qiil» 
be tried, and tliey would not inoatuponaoj 
thing but an appearance, if it might be omI. 

L. C. J. ^Vonderful careful and ctvil Atf 
were, no doubt of it. 

Mr. Corni>.'i. Thb h the truth, and the wliolc 
of the iruth, that I know of, relatiog to Ifcis 
matter. 

L. C. J. Mr. Cornish, you speak ef aome of 
the aldermen, that he said he had been with: 
wliat uMeinien were those ? 

Mr. Cor}tioh. There were several cif thwiy 
that he saivl he had writs ai^nst. 

L. C. J. Yon were an addennanthen; pity 
had he any writ gainst you ? 

Mr. Corjiish. I know not whether be had M 
no. 

L. C.J. But he (Ud not require an •ppcU'* 
anceofYOU, I suppcjse? 

Mr. Cornish If he had, I mnst have takfli 
notice of it to defend myself as wtdl at I 
could. 

L. C. J. Ay, no question but you wobI^i 
but wen? you askinl tiir an apneorance, or no? 

Mr. Cornish. I was told 1 should be Mcd 
among tlie rt^t. 

J.. C. J. But was there any writ ahewn to 
you? 

Mr. Cornish. No, my Lord. 

L. C. J. Then pray let me ask you a quel- 
tion or two. Did you ever know any mtm 
before bring an action, or sue to be sberif 
of London? You have been sheriff yvtumHi 
we know. 

Mr. Comiik. This wm a matter thatM 



»J 



STATE TSIAIA S6CBAttBS II. l6%*.—/or fal» Amtt. 



[S4» 



Im BUdi duputed in tbedtjr; tndaqaes- 

tMoh aii been depcDding upoa it, whether the 

^|fat wu to my lord mayor, or in the iherifrs. 

L. C. J. But the ouestion of right between 

Kkid mayor and soenfla, what was that to 
. Papillon ? Did you erer know a man bring 
m action, or sue to be sheriff? 

Hr. CamuJL Truly, he thai experienoeth 
At troufaie ol' it, will, 1 believe, never be de- 
■mtofit. 

L.C.J. But that iff no answer to my ques- 
Mi, answer me directly : did you ever know 
■f lach thing before ? 

Mr. iZomixh, 1 never did hear of any such 
telkaowof. 

L C. /. llow then came Mr. Pa{nlion so 
Aioiialy to desire it? 

. Mr. CemuA. I cannot answer ; what his 
■■0B8 were, I know not. 

Mr. WilUuim, It waa an action to determine 
iifMtioD tbmt was at that time so much li- 
%MiBd in the city of I.<onflon. 

Mu Gem. Mr. Cornish, pray, will you an- 
wm -mm one thing ; were you never in no 
snpa^ vkerein it was aj|[reed tiiis suit should 
lilnariit and carried on m their names ? 

■r. CamtsA. Mr. Attorney- General, 1 never 
wHad ar managed it. 

JU. Gen. Did you never hear it was so 

Hi-GmuA. It is knotvn to tlioosands, as 
■tikMlfaiow oi'it ; the matter was disputed 
if ail OMpanies in the city. 

Ml Gem. But jou do not answer to my 
yatia ; were you ever in any company when 
•Miamed that so it should be? 

Mr. Ctrnith. Sir, I tell you as well as I can, 
Atnnaer that was to be disjiiited by that ac- 
ting was the general discourse of all societies 
if flMa whatever iu the city at that time. 

I^C, J. It Is a strange thing, that one can- 
Ml girt a direct answer from these |)<H)pie, to 
W^ lUag one asks them ; I desire to know 
iW thinr nf you, Mr. Cornish : yuu have 
hwwn Mr. J'aptUun, the defendant, before this 

Mr. Cemish, Yes, my lord, 1 have known 
!!■ aaveraJ years. 

£. C. J. Was he ever chosen shcrilfof Lon- 
iM before? 

Mr. Carmish. Yes, my lord, I suppose he was. 

L, C. J. How chaxHie he did not hold then ? 

Mr. Carnith, I have heaid he fined, ns was 
MBmon and usual, when pei-snus* occasions 
vaaU not permit them to attend ihe ser\ Ice of 
Aa place. 

Im C J. He did M>, it is known to thousands, 
Myaa say, that he did. Mow, pray, let me 
Mk yoo auotlier question : was Mr. Bethel ever 
"* i aberiff befure th;*! time you and he were 
s together ? 
, Conuik, I do not know tliat he was 



-J^CJ. How is that? 

. Ci0muk My lord, 1 do not understand 
~~ If y or else I know nothing 



L. C. J. How, did yon never hear of that 
before ? For, Mr. Cornish, 1 do not speak of a 
thing that nobody knows ; alas, thousands, and 
ten thousands of people know that too. 

Mr. Cornish, My lord, upon my oath, I de 
not know that ever he was. 

L, C. J. Did you ever hear it 7 

Mr. Contiih. I do not know that ever I did* 

X. C. /. Did you never hear that Air. Be<r 
Ihel swore himself off, as they call it? Yoor' 
know what I mean. 

Mr. Cornish, I do not remember any tbioff 
of it. ^ 

L. C. J. Nay, nay, it is to the matter, I as<» 
sure you, Mr. Cornish, whatever you think of 
it. I ask you then another question, that lief 
something nearer your memory : lipon your 
oath, when you two were elected upon Mid* 
summer- day, was not that election vacated, 
and you chosen again within a wed(, or soma 
little time after? And was it not because you 
had not takon the sacrament, and tlie corpora- 
tion-oath? 

Mr. Cornish. My lord, 1 do remember tbert 
was a second election. 

L. C. J. And we remember it too w^ 
enough. 

Mv, Cornish. That war so btdy, that any 
citizen of London, or any one that lived her^ 
may remember the passages of those times. 

L. C. J. And you have as much cause tP 
remember it as any man, I assure you, for se- 
veral reasons that 1 know. 

Mr. Cornish. My lord, I think I haye reaaon 
to remember it. 

L. C. J. Lest you should forget it, I will 
enlitrhten you and refresh your memory a lit- 
tle : I ask you again, u[K)n your oath, was not 
your firsi eJeciion s(-t aside, because you had 
not taken tiie oaths and the sacrament? 

Mr. Cornish. There w ere two clectioni, my 
lord, I say, I do reiDcniber. 

L. C. J. Sir, do not prevaricate with me ; I 
expert a ]K)sitive ani^wer : Was not that the 
rcusoii, upon yuiir oatli ? 

Mr. Cornish. 1 cannot say that was the po- 
sitive reason. 

L. C. J. Then 1 ask you upon your oath, 
hud you taken the oalhs and the sacrament, as 
the law requires? 

Mr. Cornish. My lord, Mr. Bethel was a 
stranger to me, I did not know him before tliat 
time. 

L. C. J. Gentlemen, men must not think to 
dance in a net, and blind all the win-ld. As to 
mv own self, I know these things very well, 
without any of their assistance, and 1 only ask 
these things by the by, to let the world l>e sa- 
tisfied what sort of men these are, that pretend 
to sainti-'hip ; and yet, you sec, one can hardly 
^ct one word of truth out of them : let the law, 
m God's name, take place, and let every man 
prosecute bis legal actions ; but when, under 
the umbrage and countnmnce of bw, men shall 
desire to put themselves into offices, and places 
of trust, on purpose to disturb the goverot* 
ment ; do you think the govcmment will ever 



347] STATE TRIALS, 36 Charles II. iGSi.-^PrUehard r. Papillim, \3» 



suffer itself to be snivelled at, and overthrown 
by a oomiMmy of luch wbinine feUows ? Let 
tnem bias and bum, and make a noise and 
ado as they will; thanks be to God, it is not 
that time of day now : such thin^ have passed 
too much uncontrooled in the bwly of this city 
heretofore. ^Vhat, grentlemen, are yon baf- 
fling the law witli such pretences as these, 
now-a-days, and do you think to sham people 
into offices ? No, I tell you, villany was the 
foundation of it, and knavery the superstruc- 
ture; and it is high time it snould be told out, 
since I hear people begin to doubt of it as a 
question. 

Mr. Watii. Where is Mr. Serjeant ? Swear 
him. [Which was done.] 

X. C. J. Do not I know, as sure as I sit in 
ibis place, that Bethel did once before swear 
himself off? and that there were two elections 
of these two very men that year ? and that one 
of the reasons was, because tliey had not taken 
the oaths and the sacrament according to law? 
Nor would they ever have done it, we know 
them, neither Bethel, nor that very fellow that 
stands there, Cornish, neither, till they found 
it wouM contribute to the design of subverting 
the government; then these rascals could qua- 
lify themselves for an office, only to put the 
kingdom into a flame. 

Mr. Cornish, When the city chose me, I 
had good reason for what I did. 

If. C. J. Reason ! I tell you, the city was 
in great happiness and quiet, ever since the late 
times of rebellion and confusion ; every one 
knew his duty to his su|>ei'iors, and (lid it 
chcarfully and conscientiously, till such time 
as a couple of busy lellows came to get into 
the public offices. Let the whole parly go 
away with that in their tooth, and chew upon it, 
if they will. 

Mr. Williams. Mr. Serjeant, will you please 
to tell iny lord and the jury, what directions 
you heard the defendant, JVIr. Papillon, give 
about the plaintitif, how they shuuld treat 
him? 

Mr. Serjeant. My lordj I was in the count- 
ing-house at Mr. Alderman Cornish's house, 
when Mr. Papiltou and Mr. Dubois were there ; 
I went into the parlour to them, and Good- 
enough coming in, they fell into a discourse 
about this nctiou, that was brought by them 
against sir William Pritcliard, then lord mayor, 
and some of the aldermen ; and Goodenough 
gave them an account how far he had pro- 
ceeded in it ; he said, he could not get any 
of them to give an appearance, and the time 
was near spent, and he desired to know of them 
what he should do. Mr. Papillon and Mr. 
Dubois both did declare to him, over and over 
again, that it was their mind only to liave the 
matter brought to a fair trial ; and they charged 
him to look to it, to do nothing but what was 
legal, and carry it with all respect imaginable 
to my lonl mayor, as the chief magistrate of 
the city ; that he should by all means get an 
«ppearance from him, if he could, and get the 
conmcr, who was an olficer of the city, to go 



with him, and cany all things faiiiy tad df> 
centl3^ 

AtL Gen. Who gave these diractjoos, Sr^ 
do you say ? 

Serjeant, Mr. Papillon and Mr. I>iibQit» 
both of them did. 

Mr. Ward, Now, my lord, wc shall shew 
that we proceeded so far in the action as to de- 
clare ; but afterwards apprehonding ourselvcf 
to be under a mistake, we discontinued our 
action. 

Mr. Williams. And the costs upon the dii« 
continuance were received by my lord mayors 
attorney. Here is the declaratiou as it wae 
filed. 

X. C. X Ay,itmaybetherewasadedai*- 
tion filed, but not regularly. 

Mr; Williams, My lord mayor after ap- 
peared. 

L. C. J. How doth that appear in eri- 
dence? For the coroner says he himadf wae 
in custody, and knows no more of the 
afterwards. 

Mr. Williams. 1 believe yonr lordship i 
remember there were many motions ^ 
court about this matter, on the one i 
the other, and at leng^th in court it was i 
mised, and my lord mayor promised to gifeiB 
appearance. 

L. C, J. Prove what you can ; prore the 
appearance entered, and declaration reoeired. 

Mr. Williams. My lord, I only ofler this ■» 
an evidence of an appearance. 

L.C. J. A record, I know, is a good and 
fair evidence, shew that if you can. 

Mr. WariL It is not usual to declare tSltfit 
defeudant appears. 

L. C. J. A declaration may well be npoo 
an appearance ; but because it cannot be good 
without an appearance, therefore it cannot hn 
a sufficient evidence of it. 

Mr. Ward. We will prove the costs of the 
discontinuance paid and accepted. Swear Blr» 
Baker. [Which was done.] What do yoa 
know. Sir, of any costs that were taxed and 
paid ibr a discontinuance in this case P 

Baker. My lord, Mr. Aston told roe, he 
appeared for sir William Pritchard, then lord 
mayor, and had a declaration trom the noir 
defendant's attorney : so 1 entered up a diaooa* 
tinuance, and naia the costs, and have Mr. 
Aston 's receipt for them. 

L. C. J. He says well. Go on then. 

Mr. WiUiums. Aly lord, it is a thing that 
hath frequently happened, that after a man has 
brought an action against another, he finds he 
was mistaken, and hath no cause of action, and 
thereupon reUiK^uisheth his suit : but sure that 
will not make him hableto a suit. 

L. C. J. Well, pray go on with your evi- 
dence. 

Mr. Ward. My lord, wc are not now ofleruif 
to try the right of election, though th^ naUy 
was the foundation of the action that wehroogfatt 
but we apprehended that queation to be delsr- 
mined, and we acquiesced in it, when that trial ■ 
was over. Now, my lord, we shall dwifi IM 





STATE TRIALS. 56CHABLt»lL iCU.—f^r faUe Arr€$t 
J ooreHtrc rritUy chosen » we diil 

liveiifi to ibf t mlfJernien; arid 

i^mn n m retitni mude. 1 pnty lU^se may. be 

Tlia Ksafl&mus fttiil lleium ncre read. 

Mr. WiUUm. Then that which we shall 
f is lb« grouiids fttid reasons why we 
return wa« ftit'^*-, :mrl thereupon 
ictKKi. \\^ v^ |l(at at a 

bttUtbeid f<>r til- of sheriffs, 

fc MSMi^fil Wi« in riommattiiti, and had a 
ma i>unib«-r nf hands and voices for liim. 
P«T, ca!' ' iftert NeUon» Mr, William 

WiylilMsi' l^mnrd Hatiinson. [Who 

Mr* Warii. n* pray wereyoQ &1 

^C«mot«i Hall v>ir tricction of sheriffs, in 

Arfam, I wss at the Comfnoa Hall in June, 
Mtif *m Bli^suiumer-day . 

Mr< Witlimmi. Pray, Sir, will you tell us who 
mn thai m Dommatiot], and how they did 

Xrhfm. Ttiere were m tiomiDation for 
iMfii, he that It now sir Diidley North, then 
llr Biacil^ Mr, Box, Mr. PaptUoti, and Mr. 



lie. Wmd. Ptay, 8hr, who had the majority 

1 dill tee the |x>ll books after they 

Iff. IfiUMjm, Bat did you observe the hohl- 
twithm hxnd%? 



■Mil t» ' 



MinsT op of the hands, 
sheriffs given to Mr. 



^ S^r, upon 3'0tirvie\r, 
^ vere there many hands 

iV ^*^4 tliere were the tno«t hands 

Ivkivaad Mr Ouliois. 
Mr. Wi^^, What «nr yt^u then to the sum- 
of the poll* books, that yoti s^ioke 



Mr. Ward. 



I «lid see the books afl&r they were 
Was there a^reat number for 



Xdum* Yca^ there was the ^^rratest. 

G^ Strj, H hat books do vott mean, Mr. 

NtiMm. Tbe hooka in the f(heriff*fl cuatxkdy, 



^- Bat did y<»u h^-* 

Thai was in»oii ihr 

Mr. ITor^. Then which 

■ttf 

Kf ITard 



is Mr. ' Wight- 



ent at thtj corn- 
eal? 
J the dec- 



Mr mmmm. 



Wtfo y«a at the Gonxuan* 

day, 168'^ ? 



I uuiiol lay that| Sir. 



[850 

Mr. Wttrd. Then what is it you can say la 
this matter b question ? Did you lake any 

[Hill ? 

Wight tnun. I did take the pott in one of the 
books* 

Mr. Witliamt, Was there any number for 
Mr. Pa|iiHon? 

?*''■' ^- Tliere were 2100 and odd for 

P;i Dubois. 

sfm . WTio were i n nomination > sir T 
VV ' ' <• perRons polled for ? 

1 . Sir Dudley North, Mr. PapiUon, 

Mr. Ooliuis, and Mr. Box. 

Mr. Ward. What say you, Mr. Robinson ? 
Were you at this common-hall, in l©d9 ? 

liabtiison. Yes, I was. 

Mr. H't7^»i5. Who were named to be shenffs 
then? 

Robinson. Mr. North, now sir Dudley North, 
Mr Riilph Box, Mr. Thomas Papillou, and Mr. 
John Dubois, ihey four. 

IVlr. WUhamL What number had Mr. Pa- 
pi I Ion for him ? 

Hobinwn^ I never saw the poll. 

Mr. Ward. But upon the view in the hall, 
in vour opinion, did you look upon it as a doubl« 
fuf case which was elected ? 

Uobins&n. By the hands, I judged the ma* 
jority was murh. more for Bin Pap il Ion ami 
Mr, Dubois^ than for the other two. 

Mr- WUiitvns^ So you think in your jadg- 
meni ? 

Rifbinion, Upon my oath, that wai my opi- 
nion. 

Mr. Willionti. Well, my lord, We mmt rest 
it here, unless they give us further occasion. 

Aft. Gvn. You say the majority was for 
Papillon, and Dubois : pray was the election 
declared at that time by the mayor and alder- 
men, or WAS there a \^o\\ demanded ? 

Ralfinson. Mr. Aitomey, iirst the question 
was put for the persons, then tlie slieritfs de- 
clared their opinion, and a poll was demanded, 
and a poll was ^antetl, and the sheriffs went 
with tbe common wrgtianl up to tl»e court of 
aldermen, and acquainted them with it ; and 
thru they otl eurne down agttin^ aod declared 
that there should be a ptdL 

Soi, Gvn. Who were the aheiiffs then, pray 
Sir? 

RoUnion, Mr. Alderman Pilkinfrton, and 
Mr. Humuel Hbute ; and in tlie evening, after 
the i>oll mi-*li^^^'*i lit.* books were o umbered 
up, th* nvn upon the liu^ting*, 

anri d rs ; and then, as I re- 

-, the uumhei-s declared for Mr. PapiU 
Dubois was above 2iXK), and the nuro- 
hi,; ti«-c)ared fur the other two, was some hun* 
drcds under 20U0, 

Mr. Wurd, My lord, we leave it here-, 
L. CX Will you, thai are for the plaintiff; 
say any thing more to it ? 

An. Gev. Yes ^ my lord, we hare mora evi- 
dence to bring: io answer to what they ba?# 
brought here. My lord, that vthichthey would 
excuse themselves by, is, that there was a pro* 
batde cause > but that will fkil them, if it ba 



551] STATE TRIALS, 36 Chaklis IL l6S4.— PnteAtfrrf r. Papiiim, 



l%vt obscn^ed tth&t t!olh appear upon their ofiro 
tuimee. It is true, wljcic a man hatli a pro- 
i riifht^ he raaj sue* Hut this maitir (lere 
Dlend^d for, waa oerer !Ucb a right as a man 
ay iue fan No man can t ver thew, that 
* tbe vhrievalty^ an office of burden » an of. 
e of (razajd, and an office of charge and cx- 
Doe, cnv ui&n did erer sne, so little grounil 
rremoti'bad tliejr to bring this action tor tbi& 
And then ibr their titk to the office, 
0iat win appear but very weak. They pre- 
Ittaad tJiat my lord mayor and atdernien could 
Mot tr\ ilie'riy^ht who wat elected tjtily and 
Iti^htftiily, and tliey bring (hh action to try it, 
Liud then tliey produce ^ome of the racu that 
rilcld up their liandiij, and in their opinion!, ^cn- 
||)ecnt'n« they fay, the eUciion lell upon Papil- 
llon and Dubois. Hut, ^rentlcmen, that my lord 
r^ill U^U ynu is nothing at ail of title, but a poll 
yw demanded, and by that it must lie decrdrd. 
Then one of their wittiesscs tells yon a story of 
r bat the abcrifl'a did upon' the' ^Ih hut u\\ 
"bat is nothing too. For we tell you, and shall 
prove it* that thoee ^hcrifts did," in a riotouis 
t||ciantter, assume and take upon I h empires the 
supreme gfovei nmtnt of the City, and woiiM 
hntc excluded my lord may ^r from it* But all 
their procecdin^^ and dit that they call ti 
poll, \f(^H voi(K itm! can make no title to any 
tliuig at all. It was a ban* dispute of a fuctioim 
party, to snbveit the orderly governnii iJ r.f 
ihe city. I'litne was no probability of title 
or n^itt could l>e g:aia©d by it For the chief 
laaipsti'ate ot tl»e city, for the timeU'ii:^. * w r 
did direct the poll, 'and all the pi 
upon fdectiwu of olliccrs* And \ ,i 
iHd so iu ibis ca»e, we nhall proieto ytm iij^re 
was not any considerable number (tJta; i^^ not 
Iwent^ men) to ^i»e any prctetice of title to 
thisgcullenian, that thus «ued for this (diicc. 
Hut uidecd iu that UiOat riotous assembly one 
ol' them that ever was, they do pi'etend to lie 
e)e<;ted ; but we :>hull hhas^ that for that riotous 
aascmhly they were com itcttnl here as rioters 
upon an infoimntiou, and fined to the klnig; for 
it. And I couhl tell them of a like case of an 
illegal title; a man ji^oelh by a fiilse oath to 
g^ a poi*?<>>siou of g-oods^ takes out a capias, 
aitd with uti*crx, ^etluj'^ ijitoa house to ini-est 
the party I he th«/ii eurric^ a\^ay all the gX)od^ 
waA U|ion tlm pu'c ^ t^ would set up a pre- 
t^fte of title, ' ^rmntion ft»r a 

riot, he was sevii tit, Xn Pa» 

|)lllon, if he hntj ibr 4 h^^ a ufood 

title, or cau^ to hii i», he w^ul,i 

liaieemployed I s tu Ij or ..i 

redded in it, '• t[ ^ u 

Hhuisttbut 31i. vi.n-f.vi .1 . , > inn 

not live within the city, u ^ I ' ; . i' UL^to 
do in itj till brought into ofLr ,Xr tut, ^4,^aun- 
Ctrument of Mr. Bethel in hi« acticms, and a 
gT»";jt plotter in ttic Liir horrid and drradlul 
con^piriicy. An ^c, how h it ma- 

naged ? Nat by i -rl of wortliy man of 

ttie robpg or ijTuve citizetim, but by a cabal of 
thiny or tiirty riottfr?3, tno^ of them in the 
pr^afuatioQ proicnbed aatratlorf, ao^ run 
4 



takal 



Mi 



did 



away from Justice upon the di»* 
plot. All this ^peaks m:'— " 1 tbe'i 
malice, ihe lliin^^ itself <» pn 

title with «o little or ti . J. Fn 
plainly obfiene, there is no tiilc, but 1 
ous assembly to ground their pretence 
In the proKCCUtien of this action there i 

order, wh8t«#oeve"r they pretend, for to ti 

apj*earance, I immn by tha»c that renlly « 
at the bottom of the desti^n. For the Usi 
men at theconsnU at RussLra did not tue^jj 
be sure^ to g^ive ortlcr for an appeiuance, 
they had other work to do. An ap| 
would h*»i do Uieir work : for, as Mr, 
at larifc could explain it, they took i 
tnnitic^ to lise :ind make a mutiny^ 
advantnq:e of tli. iti^iImU. ^rKl diM»f< 
brin^ about ^ plot, They 

care tive-penr ippeaaancc : but ml 

the holdici^ were up, then the plot w as smAX^ 
ed, and tbrn my lord may gio homc^ if bt 
will, (jcniltmen, washairprove what 1 havt 
opened to you ^ though 1 am persuaded not \ 
of you but' know it as well aa; 1. 

Sif^ Gen. Shew the records of Ihe < 
tioD ot the Hot, 

L. C, J, Uotd, Mr. 8oUciton I t«Q yool 
fore ham), that as I stopped tl- r 
I lie trial for the riot as any 
the ri^dit ot election, or as any «i ,i >^ 1 1 
the question now before us ; so I i^u 
you T>, Hit. r * filer into tlmt tnntter. 
uf liftment^ convict ion j and ftcnti 

I 1 rs, makes nothintf, either tot 

ieclion, or this rif^ht of action. 
, as I aaid to Mr. Ward, it wm 
L.. ;(>;.( lo the purpose to mention it on thai i 
^ • it IS to no purpose, I mrrst toll you, lai 
!»oo it on the other sifk?. V<fT it was H 
\ mination of the point of rirrht one way < 
And he could not g-ivc it in evidence, i 
was a litigation ot the tiJ;\U--r in dispute, and 
upon the dti'i?^iou vif ' t r , i ' I whil " 

heapprehi'nded h«: 1 ' tt i 

a^ust hini^ and so m -«»'.«>. i^u, uici 
say» WHS I Kit ut all atfcciel by that 1 
Wily or other. For admitiiup*they hadi 
or yon had a rigfht, yet the gaining' 
tijfht must not be attt?uipted in a w 
tnanner, but they had a lawful way \ 
by their right, and if they pui^stied thi 
and g'ood ; if not, theu they timst take 
comes of it. 

At t. Gen. My loid^ that rigfht was insii 
on by (hem as the pi^bible ground of tbcif 
action ; and that, we iny^ wa$ no ngiit« 

L. C J. Theiefore it is to 140 purpose 
nrjrc it. 

Soi Gen. But, mv lord, with subo 
our answf^r '^ •' - - utlc la, that there i 
\ oohmt 0I r Ttd I his con> iction provoil 

L. C- . M ..:. Sidicitor, that is 
eridrnce one way or other. 

Sot. Ocn, If your lord <h in please, 
Htf ny s tlittr v«ry title, which id tb« ttumli 
the poll, 
£. C. /* LQtd ! thf thing ic as [ikln^ | 



tha 







, «titll0r a!*aLiiJst nr tor the 
I Seftcmtlne it for jfua, ur agam^t 



M ITtji, My kml, wt^ ■ubmit ia your Jorcl 
d^fV dtrectjims in it. Bitt thc'n ibi*( tv<^ ^y 




tiotr !5i rwfurrjj U 



tor fho 
. They 

' nt had 
*>r llie 

>ne hy this 
* M deter* 



clear the njrht ot €lecli<»tt 
anil Up tdiild hure iia 

' went a I it tie luntref» and 

' sheriifj pol) l>oak9^ or 

fc»iMbeT« talr««n r»iit (>f th^m, %rht?neiii ihey 

sxy iLfht our Atiicm, 

1 ei^jt^ 1 ' .<, Midi 

my Un t ihttt 

I be wsfttiner oi « au.^r ^m »LiK7n in the 
1 iiniiML, say we, ihiit wrw no port 4if 
ttr itaiiB at ikJlf ticn- ^^Jiv it »t n!' ''^ '^'^^"«rn 
1km ^MMin wC rt^bt mie w&y nur ni q 



q^tv lir »iieHlPfipfiii i 
M^ Tlirfi tEey wcfi 
4nd ts r* iUenci? the s 




^«Ai he % emims vrurium. 






lltL-^e are a.H the 

1'l>*' fivNt by tht*ir 

; for thnx* 

t njxm the 




illl 



\rt 



jury an oc 
We* 

MAltet «*ft» thr fi 
••t II mm» Mw<94fi 

M fwl t»f in &iiy tjtn4 V 
^•^ 1 UMok. fhi^cri- 
«if Ui^fff, III 
m «ll tfniQi; ttfi^A I 

^bfaift for dlimlil t ft M 'Mdy 1 1 

^Hi»«i» tfjcctevl W the mn^or 



f nyter knew a j»olJ" 

«iX yr»r< »iqt» ; 

rit rvcr ! kriftir, 

■ '*t 
I 

.W the 
a our 
tzTsee 



LiiiMfrr Aihi»t 



* inutmlty «liuU chocHHS aooihtx to jom 

* him, fof wlioo) tllty will [umwiji* And if 

* ihcrt; ari^e any dilfcrGtiCc t»ctAveeu iheni^ wli# 

* li elt3€U?d, m'not eleoted, it nha^ he deter • 
^ itittied in Uie satnemaoner fu it in so com- 

* ini»n counciL^ This is all the notice, that 1 
ftnd in any of the city books, that Jookji hke a 
deciding the eleclioi), when disfiutedi by a polL 
Now in anothn* chapter of that book^ where 
the common -council is Qkentioncd. it is ml^^ 
' U there he any divisioci of opacuons ta th« 

* common council, the coratnon-serjconl and 

* the town clerk sWl examine every man sti- 

* V ©rally, what Uieir opinion is, uUich is by 
ii\%^ or I *' way vf poll at this day tvhen we had tv com* 

V w«'iit I * tnoii-coimciK* But till that time that tlie 
poll woi between Air. Jenkii and s^ir Simou 
Lewis, I oerer knew any poll for sberit!>j, and 
that poll was taken immeaiatdy by telling oiie 
and the other* For my lord mayt}r mid alder* 
meiif at sofm as ever they cotne upon the 
boBtingy, make prockwation to have the lire* 
rtes acteiid for snch elections^ and Ujen witlt- 
draWf and leave the i»herifl'j3 and the commoB 
aerjeiint, 

Jtt. Om* Sir, the course is rery well 
kiiovvn, I »uppo8c, to the gentlemen of tba 
jury. But prny, did any persons poll at m^ 
lord mayor's books for DuImhs und Ptiipillou i' 

Toufi'CUrk, Not that I know. Astothti 
poll, my IwJ nmjor cau^ the common* 
to be adjouraed to !tiich a timci and afti.'r \ 

Sfnt for the commou-^itsrjfant, and niyat'lf, 

required us to go get books, to take tlifi poll 
for Mr. Box, Sir. Papillou, and Mr; DuUiia; 
as for sir Dudley North, he waa Dot to be polM 
for, he heinq chosen before, by the prerogiitiTA 
of ihc lord ru8yi>r, nnd my lord mayor and 
aldermen declared him ftdly ckctad ; and ti|»oit 
that he was calleil out by public proclatiiaii|^ 
upon the hustings, to eonie and take tbed^^H 
upon him, as is ti*^^ ' ' '•■ ■•• '• '^n'«e9^ But^^^ 
had directions to i 
lor >fr Box, Wi. . .. 
did so, and iovl 
iiicn^ and upon < 
all of us sealed up our liooki 
th«*m to my lord mayor, and at a common* 
hull allerwaVds lie did declare >Ir. Box to be 
clujsen the t»iher BherilV, U> lie joined with 
ifir J>iid!t*y North: the poll was, as it al^raj-s 
oii«rht to Im?, hy the dirtx-'liim of my lord niayor, 
ui.; ' It otficers/and not the 

jr f Lli6 jwll, without my 

UC'J. What say you to tt^ geniltfineiiF 

Have V'^*^* '*•" -MMiL* evidence i^ 

Sifrj i\ly Lciid ftad Gentlemen j 

III i« h :nudi Miid iu this cause that ii 

J totho nurpo!«c. An particularly, tbit 

the fdaintttl 'h cimuiid did last inskt 

upon, who took tlie poU, and wlio had right \» 

'2 A 




' lAkelhe poll 
iMr. Duboit; 

'T these three 
the Doll, we 

and oelivered 



S95] STATE TRIALS. S6 Charles II. 1 6S4,—Pritckgrd v. PgpUlim, [S56 



take the poll or not, ii not auy thing to this 

Siestion : this action is not- at all concerned in 
at matter. For whatsoever the dispute was, 
and whichsoever had the right, and because it 
was a dispute, some it may be, could not poll 
at the one, and othefs would not poll at tiie 
other, yet the liflingup of two thousand bands 
might make him think that he was cboseu 
aheriflf; and there lies the cause of his action, 
his apprehension of a right : your lordship did 
object this to as, Whoever bdore brought such 
an action as ours, and did sue to be sberiflT of 
London, a place of charge and trouble ? 

L. C. J. No, I did not make it as any ob- 
jection. I asked your witness, Coniish, that 
qnestion indeed, tor some reasons that 1 
know. 

8crj. Muynard, Tliat may be objected in- 
deed to 4he pru(k»nce of my client, Air. Pa- 
pillon, to desire such an office: but that 
proves nothing of malice in him against the 
plaintiflT, for if he were nei^er so unwise as 
to desire it, it' he had a ri^ht to it, or thought 
he bad, it is not a msdicious thing in the 
aye of the law, for him to take his legal 
eourse for it. And then the objection that is 
made of the instruments that wore used : our 
attorney Goodctiongh is in a plot: what is that 
to us ? There is not the least soituicion u|)on 
vs. He is a bad man : but that duth not make 
all his clients bad. liut the question now be- 
fore you is, first, Whether there ncre anv 
probability of a cawu; of action? SSeoondly, ii 
there were not a pn)bable cause ; yet whether 
that action was ^-oundeil upon malirc? What 
malice, I pray, is there in this aguinstmj^ ion! 
mayor, to desire an appcanince of him, when 
it is conci'ivcfl, thougii upon mistake, that 
there is cause ot'actiun ai^aiiist him ? We did 
Hot pa'ss him to give us bail to uur action, or 
tiirealen else to arrest him : no, it was a de- 
cent rather than an imrterciit application tu 
him. If, then, there he not l>oth ccincurring, 
want of title, or probable cause, and uialiix; 
too, this action uf the iilaintitrs is without 

f round. No man, that has any sciiic, if ho 
nows he has a clear title againsl him, will 
bring an action ; but tlious^h it should be clear 
against him, yet if he do bring an actiuu, but 
not vexatiously and umliciousl\, that cannot 
•object him to an a'.'tion • that uould frifrhtcn 
men from bniigiu<<f actions upon doubtful mat- 
ters, which ceriamly is lawful i'ov any man 
to do. Now, what malice is proveii in the de- 
fendant against Uie plaiiuin*, tlie jniy hoie are 
judges of. Jf we were criminal i\i tfie manner 
of our pn>ceedingK, they might roinv bel'ore 
your lordship in auother'uuy ; biil sun; this is 
not the way ; and if it slioufd he a«.-iiuu-il, and 
we likewise subjet-t to be punished a:* :i eri- 
luinal, then we sliuuhl Hutler txticc !'• / (he 
•ainc tault. Now, gent h men, upon this .11 tion 
we are nut to be OuhI ; but they, it'tln^y can, 
•re to shew what damages the |iluiut>(r»uh- 
laincd by our action ; and if what we hmo said 
do not satisfy you, that we liad probablo vimlsou 
fa wiiHt w« ilid» thcu you, upou your oaths, 



are to give him what damages you, in yoor 
consciences, think he has reoeived by it. 

Mr. W'iltiuiHS. My lord, if your lordship 
please, I would ask one question of Mr. Town- 
clerk, as to the right of managing tlie elec- 
tion. Sir, you have observed many common- 
halls for elections ? 

TowncUrk, Yes, Sir, I have for these twelve 
years. 

Mr. WUliams. Did the common-haU ever 
go to a poll upou an election, before this tima 
that you know of? 

Townclcrk. Never but opce for the electMos 
of sheriffs, I say. 

Mr. William, I speak, Sir, ofanyaortof 
poll ; for I suppose you do not call the holdiiig 
up of hands a poll. 

Tawncltrk. ,Mr. Jenks*s poll was the first 
that ever I knew for sheriib. 

Mr. IVilliamt. Well, Sir, was that managed 
by the sheriffs, or by my loni mayor, or by yon, 
and the common Serjeant ; or wlio was it by? 

Townclerk, Sir, the mayor and akkmcB 
withdraw, and leave tlie sheriffs to view tfat 
election by the hands ; and the corannoa sor- 
jeant propounds the question, " So many of 
you as will have," dec. — — 

Mr. WiUiumt, By whose direction dolh ht 
proL»ound the question, pray? 

iowncUrk, Jly the direction of the conunn 
hall, I take it. 

Mr. Williiimt. But if a question doariit 
upon an election, so that it cannot be decideii 
by the view, but they go to a poU, wiio is to 
manage that poll ? 

TuwncUrk, The officers of the eilyy by 
direction of the lord m:iyor. 

Mr. Williams, That |>oll you speak of, for 
Lewis and Jeiiks, was that managed by any 
body but by the sheriffs ? 

'IowncUrk, It was managed by the sberiffii 
anti the common serjcaut, in the aflCttstooinl 
maimer. 

.Wr. Williams. How! in the accnsUmtd 
manner, when you say that was the first tint 
ever you kneiv r 

ToiLiivltrk, It was so lor sheriffs ; but Xhtn 
have been pulls lor other officers. 

L. C. J. \\ hy, Mr. Williams, every body 
knows that well enough, that the sherilb ase 
coijcerne^l in the management of theelediaBt 
or the poll, us ail the rest ol* the officers of the 
city r.rc, under \ny lord ma^'or; and the 009* 
nioM Kcrieaut consults wiih the slieriffs i ~ 
and |>eopie about him, u|Km the view 

Mr. Wittiu/iifi, Tray, Sir, do vou reme 

the ele^-iiou ol\\Ir. Kctiiel and 3fr. Cornisbr 

Tuit }u it:rL. Ves, Sir, there was ft poQ 
too ; thill was the ycjir at'ter. 

I^Ir. Wil!!-iui>. VV ho managed that poll? 

T'r.ciicUf!:. The sheriffs, and the co 
serjeunt, and I, did agree U\ take it t 
two books, \t hereof one was with tlie< 
riff, and the other with the other sheriff, at I 
two ends of the hall. 

31r. Williutm. That tras taken in . 
Sir, was it noli* 



ill STATE TRIALS, 36 CllAaLSs II. 1684.— /«r/a/«r.4irMf. 



[3flt 



2A«tfii«t it one day* 

tio orderetl ^ou ta take tlic 



Tbmmkriu Yis, §ir, thai ^er of J e«i k9 w&k 

Mr. I4'il||g0ittu WcnrTOttcoticeniediiitmking 

lint fH.il 

r 
li 

fill tiui iti y ^ 

Ti»ii^/i«^. TrwJjr, I d'ul eoncem mvself as 
iskM I cqqIU iQ ttiose Itun^f^ : ntint re|»>it 
«i»iiiai|« t^ thr rtnirt nftU*^enn€n, I cannot 

It* I ui ii ; liul »i»mt ^n- 

I dlul |ira V ID£ to ^o tip to tlie poJl ; aud I 

I lrtiy«iir.-^( "- in 3/1 Kir oath » did the 

' ■ It > 
cXrrfc. i ira.i. Liiiuk ther did tioL 
► H^iiiiiu. Did my lord mayor direct you ? 

I tf^HiamA, Did tlie sheriAV mnun^re it ? 

I 5k r? t (!id It by »ir Itobcrt Claytofl^s 

liird iiiJiyar. 

^iy ior*l, all tliai me say to 

>#c 6ii*r not unw jHuvintj our rififhl 

itti<:K '^r l*rtitftrht uur nctioD ; tliat we 

I uti' r iiH, wf tiHisUi^n^e 

hmkm my or otbfr; yei ^v<^ 

^ir frsm y bavc a )> iihable 

Ml «f actio T ^ be a iloidiUul 

Hii iH;»i Kr. I «Mv i.-'- ' !. ^., ,, ;. 

Il»«t liifbt; for iiU I 

is troin Liber Ail»M., .xi.w .^.u. i» 
f dark. You, ypeutUniien , hear ^vliut 

was nghi, uud so not 
with i«liat my lord 




I •te tlM 



rM* 



. C /-• Mr* Willtanitf, yon talk of that you 
h aa «iiler«4?ind ; Tor niy lord ninnyur was 
■tdvfv «i th;)t tinu> of J« ikk^'a poll :* [ wan 



Alsi^rr Qc^liiu^ t' 

> aa&u.v. . 



t kuour the abe> 

Mr, Tiiwn- 

oni', and 
.^Img oftiif 



L C. J. Out you am out «lill. Bui for all 
,ikia la mitJtitig lo yi»iir right of action, ntit' 

I H^lwr* i, 1 must Iny it here, 

irf^tftttt ;)nd ^tr brouwrhi our 

but aftc>nv;trd9i ctiu^ 

. tiad oa right, wc dis- 

iiui di'»u^t4'd. 

It waaao far from Win^ thivr riKVit^ 

I «h'sa« you to " i«e witness, 

lay, hrlW' thcrcs «vas 

ug lUouitht 



tp«ilor aluYitj'^ 



HKn u uni 



' '>». W« were und^r an upprehen- 
ntlwtD, 
tvi'ould he: nn colour for atiy 

■il. 
: ^kvibmtt to your 



n'^ii^mumm. 



Ati, Gen, 80 do we, 

Seij. Muynurd. Wbfiber thifl action tirtmgbt 
by us, unBi malicious ? 

* Mr. WurU. My lord, Mr. Attorney doth 
cliallcn^^e the dctenitant to shew th»t his action 
(van brou|j^ht by ad% icr of counsd ; ire shall 
nhew it was with fro'»d nulhority of counseL 
Mr. Baker, can you tdl wbelliek' it waaby any 
aftvice, uud whos^e? « 

Mr. Baker. It was by the adtioe of Mr. 
Thuiupsoti* I^Ir. Foileztbu, aiid BIr. WaUop* ui 
I have beard, 

Atl, Gen. Hut you bear what Ke<Un^ -^aya, 
there was a paaty,* that were vd a consult about 
it« and that were concerned in it. 

Sol Oen. My lurd» we hu>c done on both 
sides, 1 thiuk, and submit to your lordship'i 
direction in it. 

L. C. i. Will 8oy of you s»y any thiu^ 
more ? 

3tr. WUliamM, No« mv lord, we hare done, 
we learc it upon thia evidence to your lordahip 
aod the jury. 

Aa. Gen. My lord, we have no more, to say 
tor the plaintiff. 

L.C, J. Then, gentlemen of the jury* af 
my brother Maynard said in tlie beginuiuii: of 
his deteoce in this cause ; so I i»ay now to you, 
to $et all things ^traiglit and right ; God for- 
bid, ilmt any be^t^ ftr tranapori of the timea, 
should briu:/ us into that condition, but that 
evtry subject of the kinj^^s. that hath a rufht 
cd brill i^uji; an action at law ai^ainst another, 
hh'iitld taive free liberty m to do. And Uie 
c<»urts of justice are now, and 1 hope, alwavi 
will be so open, that every one that would taks 
a remedy prescribed by the law Ibr a wron^ 
done lum, may be received to brmg lu!> actioOt 
n hicli ill a le|i(al remedy. 

And i am to tell you, gentlemen, iiiat nHich 
bus been said in i\\\^ case (which I |>erceive is 
by the #it)ncouni»eof puople acausr oi'gi*eal cx* 
pcctaii'in, as mv brother likc\vnye said^) which 
la not ut all to the ca$e. i am sorry truly at 
this time of tlay, that we should staafl iji 
need ot kucIi c&U!m^ a^ these, to Si^ttle and keep 
people in their due bouods and limits. But 
though mauy things bavu been i^aid tu the 
case, that are quite Ijesidea the natural Liueg- 
tiou, yet they havinjf been made *' icg 

upon that question, and because w be 

a case fif such e^rpectutioni I tbiuk it will be< 
come tup, iu the place wherein 1 am, to any 
something to you, and, according to the beat 
of luy uuderitaudiag, tell you what 1 appro- 
In^id 10 \i*i tht' Irgal part of it, stripped of what 
huUi no I'Llgtiuu at aU to it. And if J shall 
ofuit any thing that ia material on the onv si4e 
or the other, here are gentlemeu that a^re 
lea' 'le law, who are ot coimst'l hoth for 
til' lid the detendant ; and 1 ^^ball uot 

thii.» .» T -'< \i under any tort of prejudice lu lUe 
world, if they take I he liberty, aa they may 
fntely ilo. tonihrnui me, and remind m« of 
what 1 1 lu 1 may tuistakc. 

For, t " iHjiutii you* for my cTwji 

part, I would out htivv th« iaw ouuk tohmviest 



state: trials, 56 CuAtttEs if. l6i^.^PriUkati u P^piHon, 



Ifa aivy purpose InU tlit^ exact rule of jtuticr. I 
'foulil, to the best of my iii»«!«rsi:\>ulins;, in all 
Pfa.ses scrvartjm tUtXium, \ w? law and 

i>e rirht nf evei y man i 1 wnM 

have tuc Iaw of the kud to be the meosurr nf 
ny ow-a ntid nil other men's actions. And I 
L|i*^pe no man c^ti justly (i am sitrc Ida n»t 
I'^nu^v tUcy cnu) €f»mi^lain of any hrenthur iu* 
Wmsioii ihut is made in the coiirts of jn.t!rc, 
I either upon laiv or ng^ht. Bui all tlM'K<> thni 
lliavethe^i! I uiti of justice commitU'il to 

I lliifm liy til K^nl, do behave them Krhes 

Lirith all ih|iiii\ mi niipartiafity tuwurds nW the 
[ fcug:'s sulijLHn^ ; and the Ihw hjts ns loll ami 
liree a coiirhe, and juntii'^ dotli evtry whtre 
l^ke plac« n% mur.h ai can be d«^ reel by any 
ponesl and t^iwi nr^n. 

Genilemert^ in this rase, ihul you now are to 

fy^ 1 must first of all tell yau, that this busi- 

Hesa of the rig^ht of election, one way and tlie 

tther^ batb b<*en too much itiifisted on on both 

ideK, And I i»peak it, because thoug^h I niy- 

Nli^lf in my oun mind know what of it is true, 

tid whatnot ; Y«t J ctom.'cive it not ao proper 

I be tt lent ion ed in this case, it beiDff no lejH^ 

^^ ' : ' Ti) tbe point imjuestion. !?oiv ttis a 

d iibenl opon votttn ctbaerve, and upon 

^41^ < rill • to KtsfTer notning to be nr»^ so aa to 

|ia»eat>y vyeiyrht wiib you, but what is le^ai 

^ideuce. T)tat you ai*e only to mind, i^ntlc* 

Den. Ho thixi if 1 mention to you any (KHut of 

ct, that bath not been given in evidemr, as 

(laving' a true relation lo Ihia isiue, you are not 

■^D wind what 1 si^y to yuu about it. On the 

ther aide, I must hkcwise acquaint von, if 

Wrr be any dithcidty iu fM>int of Uw in the 

you are to obacrve toe direutiona of tbe 

ourt, who will be always ready to assist and 

(lirect you in it. Or the gentlemen, tiiat are of 

ounttel on tlie one side, or the other, may 

have tbe matter tbimd snecially, if they think 

"here is fact enong^h to be found to ground a 

|uestion upon. 

Therefore, g^entlemon J for tbe custouis of the 
Dityof London, as totbe mannerof eiectious, 
' who bath the rt^bt to roanafe them, they 
^e not at all material to this buainess ; and jf 
bey were, there i» never a one of you, but 
now it as welt nn we, or auy boily doth. I 
nys<lf bad the bauour to serve Uic city of 
uadnn in the places of common- Serjeant and 
onkr several yean: so long ago, that not 
Dve one or two, that sit tipou the bench iu 
be court of 111 den nen, have been longer con- 
versant in Ouild-batl, or know the customs of 
" ondon in those matters l)tMler ttum I do. 
It is notoriously known to aJI that [m\c had 

ny dealing in London, or bein . i ^ "•■ ) with 

Iny thing there, that till wit In v or 

even years- last past, the l^^nl u; -} ..^1 the 
ourl of aliAerxneii, and the common -hall use^l 
► go a birdiag fiir «heriffii (you very \^^\\ know 
inrhat the nbraae mean^,) and ix^rliap^ it wua 
not onc« m ten times, that tlioxe that w^^rc 
chosen sbtTiffs, held ; but generally every year, 
there w^ff* I know not iiow many eleciions 
on finmgoflr, or swoaring , or aotne rcasno or 



other ; ao that now and tbcQ iluere waa hit i 
sberifT chosen fur a great while iafireil»«r; 
nuiv and then never a one from Midzuiu 
day till near IVIichaelm&s. And the way 
to consider, such a one halii moat muneyl 
bis pocket ; Oh, tbeo put blm up f^v ali 
and I hen if be went ofl, then a»otoeri 
found out. And there was o&e old i 
vage, that used to keep n black book, thai i 
fqrnitth namfs for I know not how many eli 
tions. And who libould be sheriff, so |ks to ( 
vide into parties, and poll, was never a t^ 
tion before sucli time as Mr. Jeuks, that't 
speak oi; came to be put u\\ und thera 
dispute began ; then tbe faction btgao to 
pear* 

Now« if any man offers to tell ine, I ap, 
bended alwayV it was thesberitT^ right to i 
nage the |H>ir ; 1 woubl ask faim how thai i 
he a riglit that navtt was done bei'orie f 
them shew me any one instance of a polli 
sberifl* beJbre that lime, No, it waa 
ously known when the polls began ,jpat!acini.i 
not think the shrievalty auch an oifnoa, jU 
wa^ so earnestly to be coveted addl 
Poll^ indeed, tised to be berelolbre 
bridgemaslere places^ that afe plaets of i 
and advantage ; and so for aMOOncn^ and I 
like, those Tiave been ofloQ tn yiNlf T 

mine, gentlemen, we may i«ry welln 

them. But thi<i ofBee of aherifl, peonke isi 
not heretofore so ambttiouMi of, as to poll ft* ( 
but the city was glad if they could get 
worthy and tit fkerson to accept of tt« 

And tor the management ol the elediaii, ! 
all can tell the manner of it, us well 
thi:ig in the world. A tier my lord toaf 
tbecuuri of aldermen were gone off I 
ings, and retired to this place, ilio c. 
«erjeant staying there with the aherifl ^ 
to make as}^echto ttie com mon- ball," 
hearsal of what had been before said hy 
recorder ; and llien veoeived the nomin 
such persons as were to be put to the 
for election from the coniinon-ltalK A& 
tbe puttii^g of the qucstioD^ every man he 
his band for thcr&e that ht: desired ah 
chosen; and if it could be deci<M by 
the liands, well and good ; and the 
sei;|eant, cnnsuiting with the sberitfx an. 
about htm, declared their opinion^ that th 
tiou fell so and so, on Hxe one &ide tn 
other ; but if doubtful, or a poll deman4isil 1 
any one, then they used to lu ,ov f 

mayor what was done in tli i ha 

anti thereuj^Min they gave order lor [Uiiiirtng' I 
election, or gi'auting the poll, and used to i 
down 10 the hurtings for that purpose | 
one ever thought that either the coma 
jeant or the sbej'iifs, or any body elaei I 
lord mayor, had the power of those coufj 
Fur the commoo ball was always summo 
by precept J'rom the lor J mayor ; and when i 
bitarne^s was done, or was u» be put i>ff to e 
oUier day, the cnmmon crte r by comitiand fra 
the Umxi nuiyor nuikes proc^iamation * Y|j 
* good mea of the hvery, ^c, may deptii 1 




STATE TRIALS. S£ Charles lU l6&i^Jer/eUe Arrrtt, 



I 



«i|fti WMM^ an*! gi«9 your ^lleodaiioe h&rv 
* mm much & day, or n[Km liirthcT summonfi** 
Mi4y c^cr taikeU ol r*ummontn)(' a common 
ySihy^ Bfty body but tiiy lord ni«yur. Uc tlld 
kkf firtuftof iu» ofl&c«:, ami tie dissolved <ir ad- 
jiVMd it by firttio of his fjfti 

^ to Ik? o ipjcjui 



411 this 18 

any 
iary 



<- 



lictrti rii* Mr. 
111 tiiud iur itf wau ctioeen Aothi&jaiui- 



^•5 



Mr. C'«viMi, btt cvmes uui) gives evUleace 

4lililir nNlillMMI'«eii4;«ltt WA r ^ rr r| lnit€ 

lh» ■!• lliAi niau«4pcd Uie ch^ > • i inand 

iim al^titeshen^s. Ait^^ >i.i ..| thos€ 

iIhiI Iwte bt-en proilucetl uti t!ie 

till? pil^rifi 'it. But alas a- 

lofli^ ut r, r ibfm, they are 

lo tilt* (uni tufty or. 'Hie eonmiou- 

|iii«iii«i;ii» iH hut til jMit the ^itfstii>Q 

4iC the cttmmim oier. lii so 

■■d^ Ibal irlieo I i|iy«elf n^ati eouiRtoa fier* 

C, as 1 it«tHl t<i fwv'^ by I lie shope m Loo^ 
lli«l inK^i tt# cry, ' iiuiv ^oee, l^imwy 
if|ii« iair«^)l*j bart'.' It \t4«M^ pL^tn a roai) 
ll4ia^.lliJit currv hody k:un it hr t ^rc tbeiK; 
ikiip WMaqi nlty lt»tc eumeio be tuibraiigled 
^Mr6di«Bi» and tJiM^ionHi and lite heal of 
'"•• '"■ ^ ^jreat injihy 
it)w, aod so 
LS true. 8o 
Ji«kr i& hut dour- 
I t affect thiitCiiiic 



hath been mi^h- 
-1 ifiiftstevi UjK>ri 

'T: and that is, 
»ioa to 




•I'aAitTilT, Mn<l ' 




husi II h' > the 

, a» tbit it nr.-r 

siAnni hr a 4Ncnilii:_i- t j 

il u^H J fnay huvi' s ri '| 

"* »arii lliifH* ; yet I mu i i 

^ ti> attain ii) ttiat rigUl, am) laot go 
itay« ti? w;iHi 
^fflba*^' lutoyourhnn'^e* 

! y«0 l. «L» you** ma fin 

ly ibtftiirhii and iQi:nii 
> a Uaiil«# tnitiittc^* «' 
4) I oiotlaotiiiJik^ 

I mil of ^QBN«^ 

E bv my ri^nL, inf VI. n , n\ 

Dil^nctitii; you. Bui if 



"M 



^^■ir, ia4 km ba ptnu.*. 



pixill:.! 

W rtubt, utie way or oiiitir. 



To come thai to ibe issue, that here you a«p 
to try ; tJio point of iiib action before us re- 
volvo* itaieif iuto a nonow oom|Miss^ and is only 
this in short, which you ane to enauire of, 
whetlier or no the plaintiff was ari-esu^d by t)ft» 
defemlant without probable caiu»e, and inaU* 
ciiJiisly f 

Now matters of malice are ihifig« that re- 
main ilia inati*» he^rt ; and it is imposaililelor 
me to discover, wliether another man baih sk 
Dial ice anainst me, d' I do not see it in bis ac- 
tious. MiUice beitig: a thing tliat is intoroal, ia 
iMit else dif»certi]hie. 

Therefot'e you mugt consider die drciim- 
sftances that do attend this a<f -' ' ' 'n- 
dant, utid if so he tlicy are n on 

art? to tind for the plaattifT: bm n mr^ i*n \im 
defendant have offered to you any ciretim- 
stances^ that can prove, or coDvince you, Uiat 
he hmlaiiy prubahility of acauseuf aclioii, and 
thixt mil attenije^l >rith a malicious prosecution 
of that [irohable cause, then the issue is witb 
the defendant. 

Th*» iatherig^ht question, and the lair of 
tliJB action *, and the f>icl to make it nut oot 
way or oth^r i» iKivv tn judj^fmeot before yoiii 
upon the eridonee ihat bath been given ou both 

Now, ID point 0(f law, 1 an to tell vou^ aod 
tliat you iHUJTt ol^erve, that tliough f have a 
prolmble conjectural «:iiuAe of action against 
another man ; yet if« to obtahi mv end m ihalt 
I prosecute him malicioii&Iy, witji a desigii |o 
ruin bim, or to nut an indioruity upon bijn> Of 
the chanicter be heart* in the pubbe, or put a 
hardiibip or ditHculty upon him (I mean oard* 
ship and dtlHculty in ^Hiiiit of time)^ wbeo it it 
prot);ible the remedy may he had at anotber 
time, and the same thin^ done with leas injiiQr 
and lc?i£ trouble ; then an action will lie against 
11 1 e, lor hrin^in;^ my action in such a inanucr s 
tlioui^h it he true, that I had a conjectural 
canse of action against him. 

Ai ill the cHAe that was here in this court the 

other day t of Mr. i^winnocic against the (ler- 

jeantf thiU came to hlui, and told htm in bis 

^r, that he had an actioo a^iust him ; and 

tbii4 was upon lite excliang^c i thercu|)»a Mr. 

SvtinniHk hrinj^ bis action for this, a^piust 

thin n>a]i, for whimpering this in bis aar : if ba 

Imd prtniHl auy malidous iotenttojA to disgraoa 

himi no doubt the action wouUI bai'e ban. For 

tb<Mii^h tbi're mi^hl be a eauibe of action 

a^^inst Hwinnock, yet it that be maliciously 

[mriincd to t^rt him arrested « and held to bail, 

wliere no bail 1*1 reiiuiied by law \ or with an 

itttrtti lodtMj^rat^ hnii tipoii tlie t^xchangewheti 

I I hnvehoen door elsewhere, or at atio- 

ii.% thiii inie^iitBi' malicious proce