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A63154 The tryal and comdemnation of the trustees of the land-bank at Exeter Exchange for murdering the Bank of England at Grocers-Hall. Before Sir J.H. L--d M-r, Sir S.L. R-r, at the Old-Bayly. Neale, Thomas, d. 1699? 1696 (1696) Wing T2155; ESTC R223763 14,012 5

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The TRYAL and Condemnation of the Trustees of the Land-Bank at Exeter Exchange for Murdering the Bank of England at Grocers-Hall Before Sir I. H. L d M r Sir S. L. R r at the Old-Bayly Jurors and Witnesses Sir W. C. Sir W. S. Sir VV. G. Sir H. F. Sir I. E. Sir A. T. O ah S ck G H I. C. L. P. R. L. T. I. Counsel against the Murderers K G. Clerk of the Arraigns Cryer VV. A d. Mr. B coe attending to hear the Trial. Ant. G ot coming in accidentally R. VV. a Volunteer Witness The Indictment THe Jurors upon their Oaths do say That the Trustees of the Land-Bank at Exeter-Exchange not having the Fear of the Mighty THE before their Eyes but moved and seduced by the instigation of Sense and Reason the Bank of England at Grocers-Hall in the Ward of Cheap London intending to kill and murder on the 10 th day of August 1695. upon the Bank of England aforesaid in Peace from all their Creditors then being at Grocers-Hall aforesaid did make an Assault and with a certain formidable Weapon called The Settlement of the Land-Bank inrolled in Chancery An. Dom. 1695. containing Ten Skins of Vellum in length 24 Inches and in breadth 22 Inches in both their hands then having then and there unto the Bank of E●gland aforesaid on that part of their Head where their Brains should lie with both their Hands aforesaid one Mortal VVound in length three Inches and in depth two Inches did give of which said wound the Bank of England aforesaid at Grocers-Hall aforesaid did languish until the then next Session of Parliament And the Jurors aforesaid upon their Oaths do say That afterwards to wit in the said then next Session of Parliament the Trustees aforesaid the sooner to kill and murder the the said Bank of England upon the same Bank of England then languishing at Grocers-Hall aforesaid did make a further Assault and a certain poisoned Arrow made of Copperas Galls and Raggs called A drawn Clause for enabling the Trustees of the Land-Bank to purchase the Reversions of the Annuities in their right hand then having out of their right hand aforesaid into the H se of C ns then sitting did shoot from whence the same Arrow so shot did rebound upon Grocers-Hall aforesaid and the Bank of England aforesaid then and there languishing upon the same part of the Head did smite And so the Jurors aforesaid do say That the Trustees aforesaid the last Session of Parliament aforesaid to the Bank of England aforesaid at Grocers-Hall aforesaid one other mortal wound did give of which the said Bank then languished until the end of the said Session of Parliament And the Jurors aforesaid do say that before the end of the said Session of Parliament the Trustees aforesaid the sooner to kill and murder the said Bank of England in and upon the same Bank of England at Grocers-Hall aforesaid did make a further Assault and another poisoned Arrow made of Copperas Galls and Raggs called A Bill for Establishing a Land-Bank in both their hands then having into the same H se of C ns then sitting out of both their hands aforesaid did shoot which said Bill did then and there grow into a certain formidable Engine called An Act of Parliament And the Jurors aforesaid do say That the Trustees aforesaid the last Session of Parliament aforesaid at Grocers-Hall aforesaid with the Act of Parliament aforesaid in both their hands then having the Bank of England aforesaid at Grocers-Hall aforesaid then and there languishing upon the same part of the Head one other mortal wound did give of which the Bank of England aforesaid at Grocers-Hall aforesaid until the fifth day of May 1696. did languish and then and there languishing died And so the Jurors aforesaid do say That the Trustees of the Land-Bank at Exeter-Exchange aforesaid the Bank of England at Grocers-Hall aforesaid did Kill and Murder against the Peace c. Cryer Sir VV. C. To the Book Trustees VVe Challenge him Sir VV. C. Bear Witness I go in dread of my Life Counsel I bar Challenges for there are so many Quirks in the Law about them that if they are admitted I 'll quit the Court Mr. R r Gentlemen Murderers Pray be not so rough in your Behaviour for you 'll fright the Jury and Counsel out of Court VVhatever your Resentments are let your words be soft Learn Meekness and Malice the true Accomplishments of a Courtier Trustees VVell Mr Cryer Execute your Office Cryer Gentlemen of the Jury lay all your Hands on the Book together All hands on You shall all Swear your selves VVitnesses and Jury-men in this Cause All kiss the book Cl. of Arr. Gentlemen of the Jury You are to try this Issue against the Murderers at the Bar. If you find them Guilty or that they fled from it Enquire what Guineas or Mill'd Money they have If neither Guilty nor Fled say so and no more and hear your selves give Evidence Cl. of the Arr. You Murderers at the Bar hearken what I shall say to you You stand here Indicted by the Name of Trustees of the Land-Bank at Exeter-Exchange For that you c. How say you are you Guilty or not Trustees Not Guilty And we desire our Plea may be Recorded Cl. of the Arr. 'T is Recorded Trustees Now Mr G pray take Notice that you have Indicted us by the Name of Trustees of the Land-Bank at Exeter Exchange and by that Name we have pleaded and this Plea is Recorded and now we are a Corporation upon Record to sue and be sued by our common Name Sir VV. S. G ds Bl d Mr G what Blunders do you make this was their first stratagem in the House of Commons to make themselves a Corporation by being called by Parliament Trustees of the Land-Bank in the Clause they offered for purchasing the Reversions of the Annuities but we found it out and so the Clause was withdrawn and now you have made a fine mornings work of it and be damn'd to you for an Old Blockheard Counsel This is the first time I have been called Blockhead in Court since I been a Common-Pleas Attorney but if they have any Exceptions to the Indictment let them take advantage of it after the Trial I 'le go on to the Evidence and I believe Mr S ck will go through the whole Cause Mr. R r If Mr S ck can go through the whole Evidence you had best set him a join'd stool and let him stand up in the middle Cryer Mr S ck please to mount the stool Vp O ah Sir VV. C. And I 'le stand on the other side of these Gentlemen Murderers for I don 't like their Challenges Counsel VVe will begin with the Settlement Mr S ck pray give the Court an Account what you know of The Settlement of the Land-Bank at Exeter-Exchange Mr S ck Account I can give no account what it is I thought you could give the best Account of
Imprimis We devise to our own Members when they shall have paid in their whole 100 l. per Cent. our Fund of 100000 l. per Ann. charged and chargeable nevertheless with the summ of 1200000 l. for which it stands Mortgaged by Bank Bills in full satisfaction of all their great Expectations from the Probity and Skill of our Directors advising them to accept a Redemption thereof by Parliament whenever they can have it Item All our ready Moneys before any of our Debts paid we give to our Executors herein after named upon trust that they shall from time to time until the first day of August 1696. lend the same into the E r upon Condition to defeat the Establishment of the Land Bank And from and after the said first day of August then to lend out the same into the said E r upon security of Promises to Establish our Executors the next Sessions instead of the Land-Bank and for such other Premiums as our said Executors can get to themselves for doing thereof And we do direct our said Executors to continue the Stock and Pensions already allowed to our fast Friends they know where And after all our ready Moneys so disposed we leave the residue of our Effects for payment of our Bills and Notes at such days and hours and in such manner and proportion and with such preferences as our said Executors shall think fit And we do hereby Constitute our Directors Executors of this our Will giving unto each of them Power out of our Cash to discount their own Talleys Bills and Notes at Par and the Bills and Notes of other our Creditors at the highest Discount they can get for the same And our Body we commit to be buried with all privacy lest our Creditors arrest our Corps In Witness whereof we have hereunto set our Common Seal the 4 th day of May 1696. Trustees Where was your Bank buried M. S ck Why Fools Don't you hear 't was a private Funeral to conceal the Body But here 's a Copy of their Epitaph Sir W. C. Old S ck blows 'em Faith He swears the better for being heated a little The Epitaph Cl. of the Arr. HEre lyes the Body of the Bank of England who was born in the Year 1694. and dyed the 5th day of May 1696. in the third Year of their Age. They had Issue Legitimate by their Common Seal 1200000 l. called Bank Bills and by their Cashier two Millions of Sons of Whores called Speeds Notes Trustees Well we are satisfied the Bank of England is dead but must 〈◊〉 your witness to keep his Stool for one heat more while we cross-examine him to prove the Bank of England Felo de se. Mr. S ck I don't know what that is Trustees Why that your Bank murdered themselves and if so their Effects are forfeited and you as Executors cannot have them Mr. R r Mr. G. What do you say to the Law in that point Counsel 'T is Crown Law but it may be so for ought I know and therefore I cannot advise the Executors to give any Evidence Mr. R r Look you Gentlemen at the Bar have you any other Evidence here for we cannot force Men to swear against themselves that is to make them all Felons de se. Trustees Yes here is the Inquisition post mortem taken before the Justices of the Peace because the Body could not be found for the Coroner to take an Inquisition upon view of it and we pray it may be read The Inquisition Cl. of the Arr. London ss AN Inquisition intended taken at Grocers-Hall the 5 th day of May 1696. before A B C D c. Justices by E F G H c. Jurors return'd sworn and impannell'd to enquire into the Cause of the Death of the Bank of England who upon their Oaths do say That on the last day of the Session of Parliament in which the said Bank was established the said Bank then being in Health the Directors of the Bank aforesaid the fear of the Laws of the Kingdom before their Eyes not having but moved and seduced by the instigation of Covetousness and Folly at Grocers-Hall aforesaid the day and year aforesaid intending to evade the said Act of Parliament did devise and frame several unlawful Engines called Cashiers Notes and with the Engines aforesaid did draw in several great summs of Clipt Moneys and certain peices of Wood called Talleys whereby they came indebted above the summ of 1200000 l in contempt of the said Act of Parliament And the Jurors aforesaid do say that in the Session of Parliament then next following the Directors of the Bank aforesaid the Love of Truth in their Hearts not having but moved by the Fear of Punishment with intent to impose upon the subjects of this Kingdom at Grocers-Hall aforesaid a certain false Libel called an Advertisement did devise and frame in these words following or to the like effect viz. The Directors of the Bank of England do hereby give Notice that they will lend Money on all real securities at Interest of 5 l. per Cent. and the same false Libel into the Gazette did put And the Jurors afore said do say that the Directors of the Bank aforesaid their Promise not regarding the Moneys aforesaid did not lend nor have hitherto lent in decepit of the subjects of this Kingdom And the Jurors aforesaid do say that the Directors of the Bank aforesaid in further prosecution of their Covetousness and Folly being ignorant and unskilful in Forreign Exchanges and having no Goods or Effects in Forreign parts did undertake and contract for the remitting of great Summs of Money beyond the Seas And the Jurors aforesaid do find that the Bank aforesaid having by their Cashiers Notes and remitting of Moneys as aforesaid contracted great Debts at home and abroad out of their further Covetousness and Folly did deliver a Memorial for procureing an Act for recoining the silver Moneys of this Kingdom and reducing the price of Guinea's in hopes thereby to recover their losses by their remittances aforesaid and also fondly fancying that their said unlawful Engines would have drawn in unto them the Moneys recoined and the Guinea's reduced in the same manner as they did the clipt Moneys And the Jurors aforesaid do say That the recoining the said silver Moneys did occasion the greatest part of the Moneys then in the subjects hands to be drawn from them in order to be recoined which contrary to the fond Conceit of the Directors aforesaid after the said 4 th day of May 1696. did occasion great Demands to be made upon them at home and from abroad for payment of the Bills and Notes in currant Moneys And the Jurors aforesaid do say That the Bank of England aforesaid their form●r Trespasses and Debts calling to mind and despairing of the Payment and Forgiveness thereof on the 5 th day of May 1696 between she hours of 12 and 1 of the same day at Grocers-Hall aforesaid a certain desperate speech by
that because you are a Lawyer Counsel A Lawyer so I am I have been a Barrister ever since I was Eight and Fifty but I never read that Settlement nor never will for 't is against the Prerogative and the Scriveners and therefore I and three other Conveyancers have made an Oath never to have any thing to do with it Trustees Come Gentlemen You shall not want your Evidence here is the Settlement against the Prerogative and Scriveners Counsel Let the Court do as they please but for my part if you begin to read it I 'le be gone for I know there is a Trick in it and they produce it here to draw us in to be guilty of Misprision by being privy to it being as I say against the Prerogative and I offer my Opinion as Amitia Curie that you cannot safely read it Sir H. F. Ay G s Bl d I 'le hold 3 to 2 't is against the Prerogative Sir VV. S. G s Z nd We won't hear that damn'd long Settlement I remember they brought just such long things in Parchment to Grocers-Hall to have us lend Money upon Land in Lancashire and made us all as mad as Devils Sir H. F. D mn ' em I would not read it for Five Pounds Mr. G. H I perceive here is like to be a Debate about the Contents of this settlement but with submission if we prove the settlement to be the Cause of the Death of the Bank of England it will be sufficient though we prove not the Contents of the settlement Counsel Ay ay 't is enough Come Mr. S ck do you believe in your Conscience that the Settlement of the Land-Bank at Exeter-Exchange was the Cause of the Death of The Bank of England Mr S ck Ay on my Soul and Conscience do I for we were at that time in as good Health and Credit as one would wish Money was brought in to us all day long as cheap as Neck Beef we gave nothing for it but little bits of Paper called Speeds Notes Mr. R r. In what manner do you apprehend the Land-Bank impaired your Credit Mr. S ck Why every one said that if that succeeded it would draw the Cash from us because their Bills being Mortgages on Lands would be esteemed better Security than our Cashiers Notes which were given out contrary to Law and had no real Security Mr. R r. Mr. S. ck Consider we are trying a Murder and not a Trespass The Land Bank might do you an Injury but you must prove the Mortality of the Wound Mr. S ck Why Sir you must know that at that time our Bank was as bigg as they could tumble with Expectation of being the sole Bank of England and having the Power of giving Laws to the Kingdom and the Land-Bank Settlement just then starting out our Bank took a fright miscarried of their Expectation fell into Fits of the Mother and never claw'd it off to their dying day Counsel This is full Evidence of the first Wound Pray Mr. S ck give the Court and the Jury an Account of what you know of the second Wound by the Clause brought into the House of Commons for enabling the Trustees of the Land-Bank at Exeter-Exchange to purchase the Reversions of the Annuities Mr S ck I don't know any thing of it Counsel VVell do you believe in your Conscience that this Clause was one Cause of the Death of the Bank of England Mr. S ck Ay on my Soul and Conscience do I. Sir W. C. Nay I am sure of it for I remember something about a Clause about something at Exeter-Exchange and I believe that must be it and I am sure my Stock fell 50 l. per Cent. upon it I am sure I have lost 1000 l. by their damn'd Clauses and Settlements or one thing or other Counsel Well well there 's the second stroke proved and now we 'll go on to the Act of Parliament Counsel Come Mr. S ck give the Court Mr. S ck Nay I think I can say the Words my self now I O ah S ck do believe in my Soul and Conscience that the Act of Parliament for Establishing the Land-Bank was the Cause of the Death of the Bank of England Sir W. C. Well sworn S ck Faith Counsel Sworn he swears as well as if he were serv'd with a Subpoena And for all Sir W. S. call'd me Block-head you see I understand Evidence and now I have nothing to do but to summ it up which is in short That the Land-Bank murdered the Bank of England for which I pray Judgment Trustees And we pray the Verdict may be given before Judgment Counsel The Verdict is but a Ceremony with which the Court may dispence Mr. R r. Nay Mr. G we are Counsel for the Prisoners and will do them Justice therefore I am for the Verdict before Judgment Trustees Thanks for Justice Then Mr. G. before your Verdict prove the Bank of England dead Mr. S ck I have the Evidence for that about me Here 's their last Will. Counsel This same O ah manages Evidence almost as well as I do Come read the Will Cl. of the Arr. KNow all our Creditors by these Presents That we the Governour and Company of the Bank of England being weak in Body through the Wounds received from the Land-Bank at Exeter-Exchange to whom we lay our Death but of as good sense as ever we were finding our selves impaired in our Credit and Reputation and despairing of Recovery do make this our last Will and Testament First We bequeath our Soul to the Devil in order to serve the Publick out of our Creditors Money And as to the Qualities of our Mind we dispose thereof as follows viz. All our Skill in Foreign Exchanges and our Probity and Candor in making up the Accounts of the Loss thereof we give to all and every of our Directors except four or five jointly and severally to hold to them and their Successors in Tail-Bank as Heire-Loomes and indelible Monuments of their Skill and Probity for ever All our Obstinacy and Blunders we give to our present G r. All our Oaths Impudence and Lies we give unto our present D G r and our D r Sir H. F. to hold in joynt Partnership during their Lives and the Survivor to have the whole All our shuffling Tricks we give to our D r Sir W. G. All our Cinicalness and Self-conceit we give to our D rs I. W. and G. H. equally to be divided betwixt them share and share alike as Tenants in Common All our Blindness and Fear we give unto our D r O ah S ck and we also give him five Pounds in Money to buy him a New Cloath Coat a New half Beaver Hat a second hand Periwigg and an old black Sword to solicit with in the Lobby and also to buy him a pair of Spectacles to write Letters to Lords with And as to the residue of our Temporal Estate besides the said 5 l. we dispose thereof as followeth
the mouth of their Governour did attempt to utter and in the attempt thereof then and there instantly dyed And so the Jurors aforesaid do say that the Bank of England aforesaid on the 5 th day of May 1696. between the hours of 12 and 1 of the same day at Grocers-Hall aforesaid of the Payment and Forgiveness of their former Debts and Trespasses utterly despairing then and there of Despair dyed Trustees There 's our Evidence But because your Counsel is not used to Crown Law we will be so fair to inform him that the Executors may traverse the Inquisition if they please being not taken super visum Corporis Or if he can prove the Bank of England Non compos mentis at the time when they gave themselves the strokes they will not be Felo de se. Counsel For your advise of Traversing which is matter of Law you may keep it to your selves for I know 't is as troublesom as Challenging the Jurors But for the Evidence I 'll try it Mr. S ck Can you swear the Bank of England or their Directors to be mad at the times they evaded the Act printed a Lye to the Kingdom and ruined their own Credit by Laws procured by themselves Mr. S ck Nay in my Soul and Conscience I think we were all mad and bewitch'd too for if you did but see our Hall upon a Pay-day you 'd think Hell were broke loose Trustees Yes yes they say you keep Watch and Ward there to defend your Cashier from your Creditors and your Directors from the Devil Mr. S ck O ho I know whereabouts you are you have read the Letter to Mr. L ck have you but did you never read Our Payments defended against it Trustees Yes yes Defended Vi Armis Mr. S ck Well and han't I spoke Lattin in my Letter to a Lord Hic Labor hoc opus est Trustees Yes paying your Bills is hard work Mr. S ck Hard work han't I made it easie by general Directions to the Subjects to do as they did before the 4th of May. Trustees Yes yes face about Gentlemen as ye were do as ye did yesterday as the Militia Major said to his Men. Mr. S ck Said to his Men you Fools you han't I named the Skill and Probity of the Directors three times in four pages Trustees Yes yes Three blew beans in a blew bladder rattle bladder rattle say that nine times in a breath if you can Mr. S ck Breath Fools han't I said Our Hall is well scituated Trustees Yes for a Den of Thieves as your Predecessors the Bankers of old made the Temple at Ierusalem But can you get no one else to write for you Mr. B coe An 't shall like your Worships I 'le write for you if you please R. W. And I an 't shall please your Honours Cryer Or I Master S ck Mr. S ck Where do you all live Mr. B coe An 't please you Sir I live in White-Cross-Alle● in middle Moorfields but I ply in the Lobby in Parliament time R. W. I live about Charing-Cross an 't please you but I ply here at the Old-Bayly in Sessions time where I meet with a Jobb of Testimony now and then Cryer Truly Sir I can't say I live any where but I am at the Grecian Coffee-house six hours every day Mr. S ck What Trades are you Mr. B coe Sir we Club together and write Journey-work in Partnership like Fidlers 't is no matter which of us you give the money to Trustees Why you 'l get a Clap together by mingling your Brains so Mr. S ck Well what will you have to write for us and against the Land-Bank this Sessions Trustees Nay they can write against No body but themselves Cryer Master don't believe them we wri●e as strong as mustard I wrote a Book against five Gentlemen in their Vindication I wrote Mr. I. A's Argument proved to be no Argument and assigned two Errors in hi● Settlement First That the Bills do not charge the Land Secondly That the Lands can never be discharged of them There 's a Dilemma for your Worship Master S ck R. W. O we are Old Dogs at Dilemma's we three wrote Mr. I. A's Plagiarism there 's a hard word for you and proved First That he stole Mr B coe ' s Notions Secondly That he did not write his own Book There 's Even and Odd with a Witness Mr. B coe And I si●n'd a Bond with condition to be void if the money were not paid at the day Mr. A d. And we write quick every one takes his part and we 'll run y● up 100 Pages presently all the same Stile Sense and Language R.W. And there 's no Hacks-nest in Town can under write us Cryer No! We go as near the Thumb as any Men I always write in my own Hair and Brown Paper Mr. B coe Then we care not what we say for we have nothing to loose but our Ears and the residue of Mr. A d's Hair Mr. S ck Well well I partly understand the Prizes of these matters We have had several things done in Grub-street Mr. B coe Come Master to be short we 'll leave it to your Worship but I hope you 'l consider that I have been at great charge in printing Books and breaking open Chests it cost me eighteen pence to a Blacksmith to come at the Cash in my Bank R. W. Ay that I 'll swear for I had some of the money for advice upon the Clausum fregit Mr. S ck You must deliver your Papers in the Lobby twice a week Mr. B coe Yes yes your Worship shall see us there every day if your Directorship please to put on your Spectacles Mr. R r. Come Gentlemen you must not make the Court a Market Overt to sell your Wares in Mr. G. have you done Counsel I have done I 'll let it rest here we have proved the Bank of England dead and their Directors mad and if that be not Evidence enough to hang 〈◊〉 Bank men I don't know what is R. W. An please your Worships if you want Evidence I 'll swear them into the Plot for you in my Band. Trustees Ay we had rather you 'd write against us twice than swear against us once Your Hand upon the Bible is as terrible as a Heroes upon his Sword Mr. R r. Gentlemen of the Jury do you want any more Evidence Sir W. C. No no. 'T would be a Disparagement to Mr. S ck to have any one joined with him Come honest O ah thou hast done enough for one day dismount the Stool and let me come up and give the Verdict up Foreman Cl. of Arr. Gentlemen of the Jury are ye agreed of your Verdict Iury. Yes Cl. of Arr. Who shall say for you Iury. Our Fore-man upon the stool Cl. of Arr. How say you Sir W. C. are these Murderers Guilty or not Guilty Sir W. C. Guilty guilty I am sure I am 1000 l. the worse for them one way or