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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A63179 [The tryal of John Hambden for conspiring the death of the king, and raising a rebellion in this kingdom at the Sessions-House in the Old-Bayly, London ... 30th of December, 1685 ...] Hampden, John, 1656?-1696.; England and Wales. Court of King's Bench. 1685 (1685) Wing T2193; ESTC R4697 75,252 56

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THE TRYAL OF John Hambden Esq The 28 th day of November 1683. Ann. 35. Car. 2. Reg. John Hambden Esq being brought up by Writ of Habeas Corpus from the Tower of London and there being an Indictment preferred against him for Misdemeanor His Majesties Attorney General prayed that he might be A●●igned upon it which was done in this manner Cl. of Cr. JOhn Hambden You stand here Indicted by the Name of John Hambden late of the Parish of St. Giles in the Fields in the County of Middlesex Gent. For that you being a Pernitious and Seditious Man and a Person of a Wicked mind and of an impious unquiet and turbulent Disposition and contriving practising and falsly unlawfully unjustly maliciously turbulently and seditiously intending the Peace of our Soveraign Lord King Charles that now is and the common Tranquility of this Kingdom of England to disquiet molest and disturb and as much as in you lay Sedition within this Kingdom of England to incite stir up and procure and the Government of our said Lord the King in this Kingdom of England into danger to bring And that you the said John Hambden your most Impious Wicked and Seditious Intentions aforesaid to fulfil and perfect and bring to effect the last day of June in the Five and Thirtieth year of the Reign of our said Soveraign Lord the King that now is and divers other days and times as well before as after with Force and Arms c. At the Parish of St. Giles in the Fields in the County of Middlesex unlawfully unjustly maliciously and seditiously did assemble your self meet consult conspire and confederate with divers evil disposed Subjects of our said Lord the King to the Jurors unknown and with the said Persons did treat concerning your said most Wicked and Seditious Compassings Imaginations and Purposes aforesaid to be executed fulfill'd and brought to effect and further that you the said John Hambden your most Wicked Impious and Seditious Contrivances Practices and Intentions aforesaid to fulfil perfect and reduce to effect then and there viz. the last day of June in the 35th year aforesaid and divers other days and times as well before as after at the Parish aforesaid in the County aforesaid with Force and Arms c. falsly unlawfully unjustly maliciously and seditiously did consult consent censpire and confederate of an Insurrection within this Kingdom of England to be made and of procuring and providing Arms and Armed Men to be prepared in divers places within this Kingdom of England your same most Wicked Impious and Seditious Intentions and Compassings aforesaid to fulfil and perfect And that you the said John Hambden your most Wicked Impious and Seditious Intentions aforesaid to fulfil and perfect and bring to effect afterwards viz. the last day of June in the 35th year aforesaid at the Parish aforesaid in the County aforesaid with Force and Arms c. falsly unlawfully unjustly wickedly maliciously and seditiously did consult agree and consent that a certain Person to the Jurors aforesaid unknown should be sent into Scotland to invite and incite divers evil disposed Subjects of our said Lord the King of his Kingdom of Scotland to come into this Kingdom of England to advise and consult with you the said John Hambden and others the aforesaid evil disposed Subjects of our said Lord the King in this Kingdom of England concerning Aid and Assistance to be expected and supplyed out of the said Kingdom of Scotland your said most Wicked Impious and Seditious Intentions and Compassings aforesaid to fulfil effect and promote in manifest contempt of the Laws of this Kingdom of England to the evil and most pernicious Example of all others in the like case offending and against the Peace of our said Soveraign Lord the King his Crown and Dignity How sayst thou art thou Guilty of this High Misdemeanour whereof thou standest Indicted and hast been now Arraigned or not Guilty Mr. Hambden Not Guilty Upon which Plea issue was joyned between His Majesties Attorney General on behalf of the King and Defendant and Bail was then taken for the Defendants appearance the next Term. Hillary Term 35 and 36. Car. Secundi Reg. In the beginning of the Term Sir Thomas Jenner Knight His Majesties Serjeant at Law and Recorder of the City of London Moved for a Tryal at the Bar in the Case between the King and Mr. Hambden which was by the Court appointed to be on Wednesday the 6th of February in the same Term. Die Mercurii 6. Februarii 1683. Anno Regni Reg. Car. Secundi 36. Cl. of Cr. Call the Defendant John Hambden Mr. Williams He appears Cl. of Cr. Gardez votrez Challenges Call Sir Charles Gerard. Cryer You shall well and truly try the Issue between our Soveraign Lord the King and John Hambden Gent. and a true Verdict give according to your Evidence So help you ●●d Jurat Sir Charles Gerard. Cl. of Cr. Roger Jennings Esq Jur. Henry Hodges Esq Jur. Joshua Galliard Esq Mr. Williams We challenge him for the Defendant L. Ch. Just What is your Cause of Challenge Mr. Williams If your Lordship please to let him go through the Pannel we will shew cause if there be not enough left without him L. Ch. Just No shew your Cause now it being against the King Mr. Williams He has an Employment under the King He has an Office in the Forest and that we say is our Cause of Challenge L. Ch. Just What then if he have Mr. Williams My Lord We suppose then he is not an indifferent Person to try this Cause L. Ch. Just Ay let me hear that now proved and defended by any Gentleman of the long Robe that that is a good cause of Challenge Shew me what Law there is for it Mr. Williams To be of the Kings Robe or Pay or Sallery is an exception in any Case wherein the King is concerned L. Ch. Just Shew me any Law for that if you can Mr. Williams I know you are a Lawyer Mr. Wallop It is the Opinion of my Lord Coke in his Institutes that it is a good Cause of Challenge L. Ch. Just But there is the Opinion of all the Judges in Henry the Fourths time against it Mr. Wallop It is my Lord fol. 156. L. Ch. Just But I can cite you three or four Books and you have them all together in Rolls Abridgment Title Challenge where he sets down four Books one after another That it is no cause of Challenge even to be the Kings Tenant and there is a great deal of reason for it For if that were a good Cause of Challenge mark the Consequence then all Persons that hold Lands in England hold them mediately or immediately of the King and so the King could have no Free-holders to be Jury-Men in his Cause Mr. Williams This is a more special Cause of Challenge than that L. Ch. Just What can be greater than that of being the Kings Tenant Mr. Att. Gen. Especially when all the Land