of Vices and is a prophane lewd debauchee This Keeling is brought in as the first Witness against Mr Bateman tho' his Evidence touch'd him no more in Law than it did every of the Jury-men and it is remarkable Page 1. c. of the true Account c. that in the four Informations which he at several times gave in to Jenkins Mr Bateman is not so much as once named and yet we here find Keeling a witness against him The fore-mentioned bitter and malitious History doth likewise present us at large Page 34. of the true Account c. as it did Keeling's with the Information of Lee the dyer against Mr Bateman therein Lee swears that he told Mr B. a story he had from Goodenough of our Rights and Priviledges being invaded and that some Gentlemen had taken into consideration how to retrive them c. That Mr Bateman thereupon told him he must have a care and speak at a great distance that he was willing to assist if he could see but a Cloud as big as a Man's hand And that Mr B. told him that the Duke of Monmouth told him the said Mr B. that he was glad that he came acquainted with those Protestant Lords and that Mr B. assured Lee that the Duke was very right for the Protestant Interest and that we need not mistrust him And Lee added in that Information That Goodenough told him that they must seize the Tower and take the City and secure the Savoy and Whitehall and the King and the Duke The Case as to poor Mr Bateman was much altered between the time of Lee's giving the foregoing Information and this Tryal for at first the managers were for hanging Goodenough of whom the Author of the True Account pag. 55. saith that he with monstrous Impiety maintained and recommended the Murder of the King and the Duke as a pious design and a keeping of one of the ten Commandments and the best way to prevent shedding Christian Blood rather than Bateman and to that end Lee's main force was then bent against Goodenough but now it being found that Goodenough and the City Juries of that day could hang Alderman Cornish and Bateman and also Sr. Robert Peyton could they have catcht him the story of a Cloud as big as a man's Hand is expatiated and breaks in a dreadful storm upon Mr B. That of the Duke of Monmouth's being right for the Protestant Interest is now mightily improved and Bateman made to have said The Duke would engage in the business and had Honses in readiness c. And that he the said Bateman would take an House near the Tower in order to surprize it c. As matters were at first concerted the Evidence ran thus Goodenough told Lee that they must seize and secure the Tower the City the Savoy Whitehall the King and the Duke Now Lee swears and Goodenough backs him in it that all this discourse of seizing and securing c. proceeded from Mr Bateman To conclude the whole was a hellish Contrivance to destroy the most valuable men of the Age and with them the Protestant Religion and the wicked History I have mentioned is a lying most malitious Libel upon the great and noble Names and Families of the D. of Monmouth the Earls of Bedford Leicester Essex Shaftesbury Argyle and others and also upon the present learn'd Bishop of Salisbury and therefore seeing that Author doth not unwrite it 't is pitty that 't is not condemned to be burnt by the hands of the Common-Hangman And should it receive that deserved Sentence the Executioner is hereby advertised that he may find the Book in Custody unless escaped since the Prince of Orange's Landing and also in Irons it being affixed very fairly bound with a Chain not far from Newgate at Sadlers Hall with an Inscription on the Title Page The Gift of Mr Nott of the Pall Mall Remarks upon the Tryal of the Right Honourable Henry Lord. Delamere upon the 14th Day of January 1685. Before the Lord Jeffryes Lord High Steward on that occasion SOon after the defeat of the Duke of Monmouth in the Year 1685 a Proclamation was issued requiring my Lord Delamere to render himself which his Lordship accordingly did and upon the 26th of July 1685 the Earl of Sunderland Secretary of State committed him to the Tower for high Treason The Parliament sitting in November following the House of Lords began to enquire into his Lordship's case but were quickly after prorogued to the 10th of February following and never sate more The County Palatine of Chester did at that time furnish the Conspirators with as good Juries as could be pack'd in the City of London by Sr John Moore 's Sheriffs as is well known to the right honourable the Earl of Macclesfield my Lord Delamere Sr Robert Cotton and many other eminently deserving Patriots of Cheshire Thither was a Commission of Oyer and Terminer speeded and an Indictment was preferred against his Lordship before Sr Edward Lutwich Chief Justice of Chester and the Bill was readily found against him by a well prepared and instructed Grand-Jury Thereupon his Lordship was brought to Tryal before the Lord Jeffryes High Steward and the following Peers viz. Laurence Earl of Rochester Lord high Treastrer of England Robert Earl of Sunderland Lord President of the Council Henry Duke of Norfolk Earl Marshal of England James Duke of Ormond Lord Steward of the Houshold Charles Duke of Somerset Christopher Duke of Albemarle Henry Duke of Grafton Henry Duke of Beaufort Lord President of VVales John Earl of Mulgrave Lord Chamberlain of the Houshold Aubery Earl of Oxford Charles Earl of Shrewsbury Theophilus E. of Huntington Thomas E. of Pembrooke John E. of Bridgewater Henry E. of Peterborow Robert E. of Scarsdale William E. of Craven Richard E. of Burlington Lovis E. of Feversham George E. of Berkley Daniel E. of Nottingham Thomas E. of Plymouth Thomas Viscount Fanconberg Francis Viscount Newport Treasurer of the Houshold Robert Lord Ferrers Vere Essex Lord Cromwell William Lord Maynard Comptroller of the Houshold George Lord Dartmouth Master General of the Ordnance Sidney Lord Godolphin John Lord Churchill Who being called over and appearing the High Steward began thus My Lord Delamere you stand indicted of High Treason by a Bill found against you by Gentlemen of Great Quality and known Integrity within the County Palatine of Chester the place of your residence and the King has thought it necessary to order you a speedy Tryal My Lord if you know your self innocent do not despond A Complement which Jeffryes never put upon any Man before For you may be assured of a fair and patient hearing and a free liberty to make your full defence He then ordered the Indictment to be read which was to this effect viz. That my Lord D. as a Traytor against King James the second the 14th of April last conspired with other Traytors the deposing and death of the King and did
made a particular submission to his Royal Highness for his misbehaviour towards him His Majesty and his Royal Highness received so much satisfaction that upon his Royal Highnesse's desire and entreaty His Majesty was pleased to Pardon the said Duke and thereupon did order Mr Attorney General to stop further proceedings against him but ordered he should proceed notwithstanding against all the rest of the Conspirators Copy of the Paper mentioned in the preceding Informations was wrote by King Charles the seconds's own hand who imposed upon the Duke of Monmouth to transcribe and sign it I have heard of some reports of me as if I should have lessened the late Plot and gone about to discredit the evidence given against those who have dyed by Justice your Majesty and the Duke know how ingeniously I have owned the late Conspiracy and tho' I was not conscious of any design against your Majestys Life yet I lament the having had so great a share in the other part of the said Conspiracy Sr I have taken the Liberty to put this in writing for my own vindication and I beseech you to look forward and endeavour to forget the faults you have forgiven me I will take care never to commit any more against you or come within the danger of being again misled from my duty but make it the business of my Life to deserve the Pardon your Majesty hath granted to your dutiful Moumouth Copy of a Paper delivered to the Lord Keeper North the Lord Chief Justice Jeffryes and the Attorney General by the Lady Armstrong on behalf of her Husband Sr Thomas Armstrong I am informed that by the Common Law of England any Man that was outlawed in Felony or Treason might bring a Writ of Error to reverse the Outlawry which was to be granted ex debito Justitiae tho' it may be the sueing forth such a Writ of Error to the King might be by way of Petition As in a Petition or Monstrans de droit for Lands And so it was resolved in Ninian Melvin's Case Co. 4. Just 215. Next by the Common Law if any Man were in England at the time of the Exigent awarded and went out of the Realm after that and before the Outlawry pronounced he could never assign that for Error that he was beyond Sea at the time of pronouncing the Outlawry And the reason is because he was here at the awarding of the Exigent and might reasonably have notice of it On the other side if any Man were out of England during the whole Process and pronuntiation of the Outlawry it was never yet a doubt but that was Error and might be assigned for Error either by the party or by his Heir at the Common Law and so continues to this Day and was not long since adjudged in O. Kerney's Case the Jrish man But that Case differed greatly from this O. Kerney being a Friend of Holy Church who came in two Years after the Outlawry Then comes the Statute of 5. 6. Edw. 6. Cap. 11. and enlarges the Law for the benefit of the outlawed person and gives him liberty to assign for Error that he was beyond Sea at the time of the Outlawry pronounced which he could not do by the Common Law if he went away after the Exigent For if he went before the Exigent that was Error by the Common Law before the Statute and so continues Then comes the Proviso and saith That he must come in within a Year and render himself to be entituled to the benefit of that Act which was to assign for Error that he was beyond Sea at the time of the Outlawry ponounced So that upon this State of the Law and my Husbands case he being beyond Sea at the time of the Process and at the time of the Outlawry pronounced It is conceived he is well entitled to assign this for Error at the Common Law without any aid of the Statute tho' the Proviso in that â—tatuâ—e should be ruled against him which with submission it is the opinion of many learned Persons in the Law that he is within the intent and meaning of that Proviso for many Reasons too long to trouble your Lordship with now Therefore I do hope that this Case of my Husband 's being the first Case that ever any Man was executed upon an Outlawry that did not desire it may have that weight with your Lordship which it deserves Holloway a little before being in the same condition refused a Tryal and so was executed upon the Outlawry And do hope that your Lordship will so advise the King in matter of Law whose Counsel you are that my Husband may have a Writ of Error granted him and Counsel assigned him to argue these points as by Law hath been allowed to Criminals in Capital Cases with whatever else shall appear upon the Record of Outlawry produced which as yet my Husband nor any for him ever saw Colonel Sidney's Plea drawn by Mr Serjeant Rotherham PRedict Algernon Sidney dicit quod per Statut in Parliamento inchoat tent apud Westm octavo die Maij Anno regni domini Regis nunc decimo tertio ibi continuat usque tricesimum diem Julij tunc prox sequen ab eodem tricesimo die Julij Adjornatum usque vicesimum diem Novembris tunc prox sequen Intitulatum An Act for Safety and Preservation of his Majesty's Person and Government against Treasonable and Seditions Practices and Attempts inter alia Ordinat inactitat fuit per Autoritatem Parliamenti predicti quod null Persona sive Personae virtute Actus predicti incurreret aliquas penalita tes in Actu predicto mentionat Nisi Ipse vel Ipsi prosecut esset vel essent infra sex Menses prox offens commiss indictat esset superinde infra tres Menses post talem prosecutionem aliquo in Statuto predict content in contrarium non obstante Et predictus Algernon ulterius dicit quod ipse proseeut fuit commissus Prisonoe Turris de London pro Offens in Indictamento predict mentionat vicesimo sexto die Junij ultimo preterito non anta ibidem continuat Prisonar huousque Et quod ipse predict Algernon non fuit indictat pro aliquo vel aliquibus Offens in Indictimento predict mentionat in fra tres Menses prox post prosecutionem predict Et hoc predict Algernon parat est verificare unde petit judicium si ipse predict Algernon quoad aliquod Crimen sive Offens in Indictamento predict mentionat quod Crimen vel Offens non fuit Alta Proditio ante confectionem Statuti predict respondere debeat et quoad omnes Proditiones Crimina Offens in Indictimento predict mentionata quae non fuere vel fuit alta proditio ante confectionem Statuti predict idem Algernon dicit quod per Statutum in Parliamento tento apud Westm in Com Middlesex in Festo sancti Hillarij Anno regni Domini Edwardi nuper Regis Angliae tertij
Trayterous discourses and boastings of the Factious and Malecontent Party which I encounter I mean not Papists for I know not one Person avowedly so about London as tho' the whole Nation were ready as the Men I talk of vainly flatter themselves by a unanimous and universal consent to degenerate and apostatize to Popery and Slavery But Methinks they should be too early and too quick in their expectation that the English Nation should no sooner see the Yoke of the Oppressors in a most wonderful manner broken by the immediate hand of Heaven but it should tamely submit unto nay Court with them the intolerable Yoke of France and that at a Juncture when it is thrown off by a Bigotted Popish Prince who has been for a long time an unhappy Instrument in the hands of the Bloody Tyrant of France to the oppressing and destroying the most antient pure and best Christians upon the Face of the Earth the Vaudois That we have such a Race of Animals walking and that with no more than two Legs apiece amongst us is too well known to be denyed or dissembled and one would think that their Practices which are so grosly evil and eminently dangerous should not be countenanced or defended but which is to be lamented they have their powerful Abettors and Patrons and therefore 't is to be wisht that their Edge may be blunted and their effronted Impudence duely censured Sir As to these Collections if that may be any invitation to your throwing away a very few hours upon their perusal I do assure you that I have made them with all due regard to Truth and am not conscious of one Mistake or untruth in the whole Work my Care in that point has put me to much trouble and some charge for where I doubted I have travelled to receive true and certain Information of matters of Fact and such Materials as I wanted which were upon Record I fetcht from thence and therefore the certainty of matters here told must atone for the want of Method and delighting Language I had the Promise and so I thought assurance of some things at least as valuable as the best things in this Tract can be esteemed to be but some Men are too zealously intent and busie in their private Affairs to be publick-spirited though I remember the time when they were eminently so therefore to touch that Point no further at present I shall only say I have done Vt potui and wish that some other Person who could have done this to more advantage had undertaken the Task I am what I alwayes was and ever will be SIR Your Honourer and most humbly-devoted Servant July 10th 1690. To the Publick-Spirited READER 'T Is not my design in this Address to commend this Pamphlet or to invite Thee to throw away thy time or money upon it for I must tell thee truly that tho' the Matters here treated of are worthy of any Man 's considering and are not to be forgotten yet the Disadvantages and Discouragements which I have been under in compiling the History thereof have been such that when thou goest to read them thou will I doubt meet with disappointment and fall short of the satisfaction thou mayst promise thy self for it will appear short immethodical and very confused but I did my best here is a geat deal of matter brought into a narrow compass and the thing had heen something valuable if some Persons had furnished the Materials which they promised and others had in time found leisure to lend what I at last obtained but they came late to my hand so that I could not methodize what thou here findest better or otherwise than thou seest If thou dislikest the Book upon these or any other Reasons thou mayst let alone and then there 's no Harm done And And after this fair Caution thou wilt buy and read it and the nature of the thing should render it any way grateful and thou canst find in thy heart to employ a little time in a Work of this kind in wich I have quite tired my self I do here present thee with Heads sufficient to fill a Folio viz. The Tryal and Case of him who is the best Pattern for Magistrates in England That of the Right Honourable Sr Thomas Pilkington most happily at this time Lord Mayor of London with the Duke of York wherein a Hertfordshire-Jury gave the Duke 100000 l. Damages His Lordship's Tryal with Bolsworth wherein a Surry-Jury gave the Perfumer 800 l. Damages The Tryal of Sr Patience Ward upon a Pretence of Perjury but in truth for putting the Inscription upon the Monument notifying to the Ages to come that the Papists burnt London The Tryals of Sr Trevor Williams Mr Arnold and Mr Colt with the Duke of Beaufort The Tryal of the Grave and most Pious and highly learned Mr Baxter The two Tryals of the Reverend and eminently learned Divine and incomparable good English-man Mr Johnson the Confessor for the English Liberties The Proceedings between the Duke of York and Mr Covert of Chichester wherein 100000 l. Damages were given to the Duke The Prosecution of Mr Aaron Smith for his honest and undaunted Assistance of Stephen Colledge at Oxford And for his not Witnessing against Colonel Sidney according to the Advice of Sr A. P. The Tryal of Mr Gutch of Bath with a Bishop The Prosecutions and Tryals of Mr Roswel the Minister Mr Whitaker Mr Wilmer Mr Culliford Mr Best Mr Samuel Harris Mr Joseph Brown cum multis alijs My good Friend I have here cut thee out Work and therefore not to detain thee from it I bid thee heartily Farewell The CONTENTS REmarks upon the Tryal of Mr Braddon and Mr Speke in relation to the Murther of the Earl of Essex pag. 1. An Abstract of Proofs made before the House of Lords in relation to the Earl of Exssex's Murder pag. 31. Remarks upon the proceedings in the King's Bench in the Case of Fitz-Harris pag. 52. Heads of the Speeches and Resolves in the Oxford Parliament about Fitz-Harris p. 57. The Protest of the Lords upon the Refusal of the Impeachment against Fitz-Harris p. 64. The Indictment and Plea of Fitz-Harris in the Court of King's Bench p. 67. Tue Arguments upon the Plea p. 75. The Tryal of Fitz-Harris at the King's Bench Bar p. 122. The Libel given in Evidence against Fitz-Harris as it was read to the Jury p. 127. The Examination of Fitz-Harris by Sr Robert Clayton and Sr George Treby p. 149. Remarks thereupon and upon Dr Hawkins his Sham Confession published in the Name of Fitz. Harris p. 153. Remarks upon Mrs Gannt's Tryal p. 159. Mrs Gaunt's Speech p. 166. Remarks upon the Tryal of Mr Joseph Hayes p. 172. A touch of Mr Roswell's Tryal p. 199. Remarks upon Mr Charles Bateman's Tryal p. 201. Remarks upon my Lord Delamere's Tryal p. 217. The Fanatical Presentment of the Cheshire Grand Jury in 1683 against my Lord of Macclesfield my Lord Delamere and twenty
found the 12th of July and Mr Glover proved a Copy of the King's Proclamation against Sr Thomas dated the 28th of June 1683. Then Ezekiel Everis was sworn and testified that in August 1683 he was at Cleve in Germany with the Lord Grey who went by the name of Thomas Holt and Sr Tho. A. came thither by the Name of Mr Henry Laurence and shew'd him a Bill of Exchange from England upon Mr Israel Hayes in Amsterdam for 160 l. odd Money and that it was for 150 Guineas paid in England and he told him it was drawn by Joseph Hayes and it was signed Joseph Hayes and the Bill was accepted and he saw Israel Hayes his Letter to Sr Thomas by the Name of Laurence which mentioned the sending the said sum to Cleve The Common Serjeant Crispe then delivered a parcel of Letters into the Court and swore that he received them of the Lord Godolphin and they had been ever since in his hands The Lord Godolphin then testified that he received three Letters produced in Court from Mr Constable Mr Chudley's Secretary who told him they were taken about Sr Thomas that one of them without any Name mentioned 150 Guineas returned to Henry Laurence Constable testified that he was present when the Scout of Leyden apprehended Sr Tho. A. and that the Letters were taken out of his Pocket and he himself delivered them to Mr Chudley who sealed them up and sent them by him to the Lord Godolphin Charles Davis testified that taking Boat from Amsterdam to Rotterdam he met Israel Hayes and Sr Tho. A. coming to take Boat and Sr Thomas went with him in the Boat and he told him his Name was Henry Laurence Davis added that he lodged a Month in one Briscowe's House at Amsherdam where there was a Club every Thursday There were Mr Israel Hayes Mr Henry Ireton one Wilmore Emerton Dare and some other English Merchants and he heard them several times abuse the King at the Table The Attorney General then shewed Mr Hayes a Letter saying It may be he will save us the labour of proving it but Mr Hayes disowning it Mr Walpoole was called and Mr Hayes said he was my Servant and went away after a rate that possibly would not be allowed Walpoole testified that he served Mr Hayes almost four Years and three quarters and did believe the Letter to be Mr Hayes his hand Mr Hayes said My Lord in matters of Treason I hope you will not admit of comparison of hands and belief for Evidence The Chief Justice answered Yes no doubt of it Mr Hayes replyed It has not been so in other Cases that have not been Capital as particularly in the Lady Carr's Case The Chief Justice said that is a mistake you take it from Algernon Sidney but without all doubt it is good Evidence Judge Wythens said Comparison of Hands was allowed for good Evidence in Colman's Case Mr Hayes answered That with submission vastly differs Those Letters were found in his own Custody This was not found in my possession but in another Man's and in another Nation Sr John Trevor Counsel for the King said This Gentleman was a Trader with the East-India-Company and made Contracts with them which are entred in their Books We will compare them with the Writing in this Letter The Common Serjeant then called Harman and Brittle and demanded of them where the Books were and they produced them Harman testified that he knew Mr Hayes and that he made several Contracts in 1683 and that he saw him in September 1683 subscribe his Hand to a Book of the Companies shewn to him Brittle testified that he is Porter in the Street to the East-India-Company and that he saw Mr Hayes write his Hand to a Book shown to him Capt. Piercehouse produced a Note Query if not the same Peircehouse in the Pannel of the Jury which he said was Mr H. his and that he supposed it to be his hand and compared it with the hand in the Book and said that he delivered the Goods upon it and Walpoole then said he believed it to be Mr Hayes his hand Then Mr Sturdivant was called and they shew'd him the Letter and he said Here is Joseph Hayes writ but I do not know it to be his Hand The Common Serjeant warmly said that Mr Sturdivant swore he did know Mr H. his hand before the Grand Jury but Mr Sturdivant affirmed the Common Serjeant was under a mistake Then Sr John Trevor called for Mr Hardresse but the * The Common Serjeant as hath been elsewhere observed upon the discovery of Keeling's Plot in 1683 boasted what work that Plot would make when it came into the City We now have him pulling it into the City by Head and Shoulders and find him in this Case appearing and exerting himself in a three or four sold capacity viz. the Manager if not Contriver of this prosecution and a Counsel Solicitor and Witness against the worthy Citizen now designed to destruction Common Sejeant answered That he was out of Town before he could be served with a Subpena Then the Letter was read it was subscribed Joseph Hayes and dated the 31st of August 1683. directed to Mr Henry Laurence senior at Amsterdam and began thus Sir at your desire I have sent you a Bill c. The Letter and the East-India-Books were then shewn to the Jury and to the Prisoner Mr Hayes denyed the Letter to be his Writing and said 'T is very strange I should not know my own hand May not Counsel be admitted to plead Whether comparison of hands and belief are any evidence in Criminal Causer I have been informed it hath been denyed to be evidence The Ch. Justice told him he was under a mistake some body has put it into your Head and pussed you up with a vain Story there is no such thing 'T is a Fiction a meer Whim only said by Mr Sidney and no ground in the World for it Mr Hayes replyed Was it not so in the Case of my Lady Carr there is a Record of that I suppose The Chief Justice affirmed it was not so and said Don't talk of it * It was in Trinity Term 1669. Anno 21 Car. 2. there was no such thing at all Comparison of hands was allowed for good proof in Sidney's Case We must not alter the Law for any Body Mr attorney General said Besides this comparison of hands We shall give an account of the Correspondence of the Prisoner's Brother and that he received the Money of him and then said Mr Common Serjeant Where had you this Papery The Common Serjeant to show his care and zeal in this matter said Pray have a care of the Papers and then gave evidence that he had them from my Zord Godolphin and said This is an Account of the Receipt and Disbursement of the Money Shew it Mr Constable Constable said This is one of the Papers was taken out of Sr T. A's Pocket It being shewn
That if any Judge Justice or Jury proceed upon him and he found guilty that you will declare them guilty of his Murder and Betrayers of the Rights of the Commons of England Hereupon the House came to these Resolves That it is the undoubted right of the Commons in Parliament assembled to impeach before the Lords in Parliament any Peer or Commoner for Treason or any other Crime or Misdemeanour and that the Refusal of the Lords to proceed in Parliament upon such Impeachment is a denyal of Justice and a violation of the Constitution of Parliaments That in the Case of E. Fitz-Harris who by the Commons has been impeached for High Treason before the Lords with a Declaration That in convenient time they would bring up the Articles against him For the Lords to resolve that the said Fitz-Harris should be proceeded with according to the course of the Common-Law and not by way of Impeachment in Parliament is a denyal of Justice and a Violation of the Constitution of Parliaments and an Obstruction to the further discovery of the Popish Plot and of great danger to his Majesties Person and the Protestant Religion That for any Inferiour Court to proceed against him or any other Person lying under an Impeachment in Parliament for the same Crimes for which he or they stand impeached is an high breach of the Priviledge of Parliament This matter thus agitated in the House of Commons was countenanced by a Protestation of many Temporal Lords which was to this effect That in all Ages it had been an undoubted Right of the Commons to impeach before the Lords any Subject for Treasons or any other Crime whatsoever That they could not reject such Impeachments because that Suit or Complaint can be determined no where else for an Impeachment is at the Suit of the People but an Indictment is at the Suit of the King As the King may Indict at his Suit for Murther and the Heir or the Wife of the Party Murthered may bring an †Which was always to be preferred and upon notice thereof all Prosecutions at the Kings Suit were to stop till the Prosecution at the Suit of the Party was determined Appeal And the King cannot Release that Appeal nor his Indictment prevent the Proceedings in it It is an absolute denial of Justice in regard it cannot be tryed any where else The House of Peers as to Impeachments proceed by vertue of their Judicial Power and not by their Legislative and as to that act as a Court of Record and can deny Suitors especially the Commons of England that bring legal Complaint before them no more than the Judges of Westminster can deny any suite regularly commenced before them Our Law saith in the Person of the King Nulli negabimus Justitiam We will deny Justice to no single Person yet here Justice is denyed to the whole Body of the People This may be interpreted an exercise of Arbitrary Power and have an influence upon the Constitution of the English Government and be an encouragement to all Inferiour Courts to exercise the same Arbitrary Power by denying the Presentments of Grand-Juries c for which at this time the Chief Justice stands impeached in the House of Peers These Proceedings may mis-represent the House of Peers to the King and People especially at this time and the more in the particular Case of Edward Fitz-Harris who is publickly known to be concerned in vile and horrid Treasons against his Majesty and a great Conspirator in the Popish plot to Murther the King and destroy and subvert the Protestant Religion Monmouth Kent Huntington Bedford Salisbury Clare Stamford Sunderland Essex Shaftesbury Macclesfield Mordant Wharton Paget Grey of Werke Herbert of Cherbury Cornwallis Lovelace Crew This Protest was no sooner made upon Munday the 28th of March 1681 but the Parliament was instantly dissolved Well The Parliament being dismissed Fitz-Harris must be Hang'd out of the way and the Term approaching Scroggs the Chief Justice who lay under an Impeachment for Treason in Parliament is removed with marks of Favour and Respect being allowed a Pension for Life and his Son Knighted and made one of his Majesty's Learned Council and Sr Francis Pemberton being advanced to the Seat of Lord Chief Justice the Business of Fitz-Harris is brought before him and Justice Jones Justice Dolben and Justice Raymond and proceeded upon in the manner following UPon the 27th of April 1681 an Indictment for high Treason was offered to the Grand-Jury for the Hundreds of Edmonton and Gore in Middlesex against Fitz-Harris whereupon Mr Michael Godfrey the Foreman in the name of the Grand-Jury desired the opinion of the Court whether it were lawful and safe for them to proceed upon it in regard Fitz-Harris was Impeached in the late Parliament at Oxford by the House of Commons in the name of all the Commons of England Mr Attorney General then said That Mr Godfrey and two more were against accepting the Bill but the body of the Jury carryed it to hear the Evidence and that thereupon himself and Mr Solicitor went on upon the * A new way of dealing with Grand-Juries to procure the finding Bills of Indictment Evidence and spent some time in opening it to the Jury and We thought they would have found the Bill but it seems They have prevailed to put these scruples in the others heads Then The Lord Chief Justice Pemberton said your scruple is this here was an Impeachment offered against Fitz-Harris to the Lords which was not received and thereupon there was a Vote of the House of Commons that he should not be Tryed by any other Inferiour Court We do tell you 't is our Opinion that If an Indictment be exhibited to you you are bound to enquire by vertue of your Oathes you cannot nor ought to take notice of any such Impeachment nor Votes and We ought to proceed according to Justice in Cases that are brought before us This We declare as the Opinion of all the Judges of England Then the Jury went away and afterwards found the Bill Upon Saturday the 30th of April Mr Fitz-Harris was brought to the King's Bench-Bar and Arraigned upon the Indictment whereupon he offered a Plea in writing to the Jurisdiction of the Court and the Chief Justice said We do not receive such Pleading as this without a Counsels hand to it Upon which the Prisoner desired the Court to assign Sr Francis Winnington Mr Williams Mr Pollexfen and Mr Wallop for his Council which was accordingly done Upon Monday the 2d of May the four Council moved the Court to have longer time for drawing the Plea and that they might have a sight of the Indictment as necessary to the drawing it but they were opposed therein by Mr Attorney and the Court denyed both Then Sr George Treby and Mr Smith were also assigned as Council for the Prisoner at his request Upon Wednesday the 4th of May Fitz-Harris being brought from the Tower to the King's Bench-Bar
sufficiently instruct such who have not seen more secret Memoires But let us come to Examine their Actions which are a better proof of their hearts were not the Duke's Servants and Confidents all Papists Witness his Talbots Patricks and other Irish Teags were not the Duke and such of his Creatures as were known Papists promoted to all publick Offices of trust both at Sea and Land Witness Bellasis now a Traytor in the Tower did not James by Coleman Throgmorton and others hold open Correspondency with the Pope and Cardinals and could Charles be Ignorant of all this Nay he lik'd all so well that he hardly employed any about him but Papists as Clifford whom he made Treasurer or employed any abroad but Persons of the same stamp Witness Godolphin whom he sent Embassador into Spain as he did others elsewhere what more obvious than that though the Duke's Treachery against the Kingdom and Protestant Religion be fully made out and the People and Parliament seek to bring him to a legal Tryal yet Charles obstructs Justice and will not suffer it How can this be but that he is joyned in Will and Deed in all the Duke's Villanies and that he is afraid to be discovered and found out to be a Papist and a Betrayer of his People and the Protestant Religion If he was heartily concerned for our Religion would he not oppose a Popish Successor who will Infallibly overthrow it Can there be any thing more evident than that he continues the Duke's Adherents and those who were advanced by him in all Offices of Trust And hath he not turn'd out of his Council the most Zealous Protestants such as Shaftesbury Essex and others and introduced in their Rooms other meer Tools or those that are Popishly and Arbitrarily affected Hath he not modell'd all the Sheriffs and Justices throughout England in subserviency to a Popish Design Was not Sir William Waller and Dr. Chamberlain and divers others turn'd out of the Commission in and about London meerly for being Zealous Prosecutors of Priests and Papists Doth not Charles all he can to hinder the further detection of the Popish Plot And doth he not to his utmost discountenance the Discoverers of it and suffer them to want Bread And doth he not in the mean time plentifully encourage and reward Fitz-Gerald and all the Sham-Plotters Whereas Dangerfield had 8 l. a week whilst a Forger of Plots against the Protestants he is cast off with scorn and in danger of his Life since he laid open the Popish Engineer Is not Charles so much in love with his Popish Irish Rebels therein treading in his Fathers steps that he promotes Montgarret Carlingford Fitz-Ratrick and others who were the Heads of the Rebellion to Honours and Preferment tho' Charles took the Covenant and a Coronation Oath to preserve the Protestaut Religion yet hath he not palpably broken them He made large promises and protestations at Breda for the allowing a perpetual Liberty of Conscience to Non-conforming Protestants but he soon forgot them all To what end was the Act which was made soon after his Restoration prohibiting any to call him Papist or to say he was Popishly enclined and render such as should offend Guilty of a Premunire but to stop the Peoples Mouthes when ever he should Act any thing in Favour of Popery as he was then resolved to do Is it not manifest therefore that Scotch Oaths Breda Promises Protestant Profession Liberty of Conscience War with France saving of Flanders is all in Jest to delude Protestant Subjects Is it not apparent that breaking of Leagues Dutch War Smirna Fleet French measures to favour their Conquests loss of Ships War in Christendom Blood of Protestants reprieving of Popish Traytors is all in earnest and done in favour of Popery And are not his fair Speeches his true Protestant Love to Parliaments just Rights and English Liberties his pretended Ignorance of the Plot and his Hanging of Traytors to serve a turn but in meer jest Are not his great Debaucheries his Whoring Courtiers Popish Councils Cheating Rogues Hellish Plottings his saving of Traytors his French Pensioners his Nests of Whores and Swarms of Bastards his Macks his Cut throats his Horrid Murderers his Burning of London and the Provost's House too his Sham-Plotting his suborn'd Villains his Popish Officers by Sea and Land his Struglings for a Popish Successor his agreements with France his frequent Dissolutions of Parliaments his buying of Voices his false returns all of them designs to ruine us in good earnest and in favour of Arbitrary Government And is it not in order to this Blessed end that you see none Countenanced by Charles and James but Church Papists betraying Bishops Tantivy Abhorrers barking Tonzers Popish Scriblers to deceive the People and six the Popish Successors Illegal Title Are not Jesuits Counsels French Assistance to conquer Ireland subdue Scotland winn Flanders beat the Dutch get their Shipping be Masters of the Seas And are not facing a Rebellion the letting the Plot go on the endeavouring to retrieve the Popish Cause by getting a Popish pentionary abhorring Partiaments who shall betray their Country enslave posterity and destroy themselves at last means only to save a Popish Trayterous Successor and a present Popish Possessor James and Charles are Brethren in Iniquity corrupt both in Root and Branch and who study to enslaver England to a French and Romish Yoke is not all this plain Have you not Eyes Sense or Feeling Where is the Old English Noble Spirit Are you become French Asses to suffer any load to be laid upon you And therefore if you can get no remedy from this next Parliament as certainly you will not and if Charles doth not repent and comply with it then up all as one Man O brave English Men look to your own defence e're it be too late rouze up your Spirits remember your Predocessors remember how that the asserting of their liberties justified both by success and Law the War of the Barons against wicked Councellours who misled the Kingâ— And will you now let that go which cost them so dear How many oppressing Kings have been deposed in this Nation as appears in Records referr'd unto in that worthy Patriots History of the Succession were not Rich. 2 d. And Hen. 6. both laid aside not to mention others was there ever such a King as this of ours was not King John deposed for going about to imbrace the Mahometan Religion and for entring into a League with the King of Morocco to that purpose Though Mahometanism and the King of Morocco were no such Enemies to our Rights and Liberties as Popery and the French King are Is it not time then that all should be ready Let the City of London stand by the Parliament for the maintaining of their Liberties and Religion in an extream way if Parliamentary ways be not consented unto by the King let the Counties by ready to enter into an Association as the County of York did in