Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	case_n	king_n	law_n	2,786	5	4.8506	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A63214	The tryals and condemnation of Thomas White alias Whitebread, provincial of the Jesuits in England, William Harcourt, pretended rector of ]ondon, John Fenwick,procurator for the Jesuits in England, John Gavan alias Gawen, and Anthony Turner, all Jesuits and priests; for high treason: in conspiring the death of the King, the subversion of the government, and Protestant religion. At the Sessions in the Old-Bailey for London and Middlesex, on Friday and Saturday, being the 13th and 14th of June, 1679. Published by authority.	Whitbread, Thomas, 1618-1679, defendant.; Barrow, William, 1610-1679, defendant.; Caldwell, John, 1628-1679, defendant.; Gawen, John, 1640-1679, defendant.; Turner, Anthony, 1628 or 9-1679, defendant.; Corker, James Maurus, 1636-1715, defendant.	1679 (1679)	Wing T2248; ESTC R219768	109,846	92

in Oates or Bedlow's power to shew that Commission this is just like that of the Bill of Exchange neither does it in any of the letters Fenwick Here is Mr. Hilsly my Lord. Whiteb. My Lord we pray we may have the favour that they may be sworn Lord Chief Just North. By law they cannot L. C. J. N. In no Capital case against the King can the witnesses for the Prisoner be sworn but I will say this to the Jury That they are not sworn is because they cannot but the Jury is to take great heed of what they say and to be governed by it according to the credibility of the person and of the matter Gavan My Lord if you please to give me leave my Lord Coke in his Institutes sayes expresly That there is no positive Law against it his words are there is not so much as scintilla Juris against it L. C. J. No. We know that the constant usage and practice is so and you cannot produce any man that in any Capital case had his witnesses sworn against the King L. C. J. My Lord Coke says otherwise That the evidence should be so plain that nothing could be answered to it and therefore no evidence should be sworn against the King Gavan My Lord those are the words of my Lord Coo. L. C. J. You argue against the known practice of all Ages L C. J. No. There never was any man in a Capital cause sworn against the King The common Law is the custome of the Kingdom and we are bound to know it and must all be governed by it Whitebread In mr Ireland's Tryal pag 35 36. he says he came over with Sir John Warner Father Williams and mr Hilsley from St. Omers Mr. J. Pem. Nay you must not resort to the printed Tryals for evidence Fenwick If we can prove him perjured at any time I hope we may L. C. J. Suppose upon the taking of those printed Tryals they mistake shall mr Oat therefore be thought guilty of perjury If you have any thing to ask of your Witnesses which you can apply to the evidence given now you may Fenw. Mr. Oates did not you your self own then you came over with mr Hil●sh Dr. Oates Ask me any question about what I have given to day and if the Bench think it rea●●nable 〈…〉 answer it Fen. My Lord he 〈…〉 m that he came over with these persons in which he is for swrrn L. C. J. He is not convicted of perjury and therefore that must not be urged Fen My Lord we will prove by witnesses that were at the Tryal that he did affirm so And I do desire now to know ●f you M●●● whether ever you came over with mr Helsly Dr. Oates That which I said then and that which I say now is because you should not puzzle your selves that one Mr. Hilsly did come over with us when we did Hilsly My Lord I did not L C J How can you tell Hilsly I left him at St Omers L. C. J What say you Mr. Oates Dr. Oates 'T is true mr Hisly did leave me at St. Omers because he went out a Sunday morning and I came out of the munday morning but I overtook him at Calis Hilsly my Lord that is false and I have a great many here that can prove it L. C. J. What Religion are you of Hilsly I am only to serve his Majesty L. C. J. Are you not to serve God too Hilsly I am first to serve God and then his Majesty Mr. J. Pemberton Are you a Catholick L. C. J. Are you a Roman Catholick Hilsly Yes my Lord I am Mr. J. Pemberton Be not ashamed of your Religion do not deny that your Provincial here can give you a dispensation for what you say Hilsly I hope a Roman Catholick may be a lawfull witness L. C. J. Yes I deny it not This is that you say you left him at St. Omers you must call more Witnesses to back him Master Oates sayes 't is true you left him at St. Omers but he overtook you at Calis Dr. Oates This Gentleman lost his money at Calis and Father Williams did relieve him by my means Lord Chief Just What say you to that Hilsly Why my Lord yes it is true I did lose my money there but it is nothing to the purpose for I will affirm I was never in the ship with him in all my life Dr. Oates I desire he may be asked whether he be in the degree of a Priest or not L. C. J. That would be a hard question to put to him to make him accuse himself It would bring him into danger of Treason Mr. J. Pemberton He is a Boy very fit to make a Jesuit of L. C. J. How could he then come to know this Hilsly I confess 't is true that Mr. Oates did never come over with me And I have Witnesses to prove that they saw him there next day at St. Omers and two or three several weeks after Sir Christopher Levins Mr. Oates hath another Circumstance to prove it by Dr. Oates He went away from us by the way and did not come up with us to London Hilsly I know how he understood ●his There was a Gentleman that the Witnesses will prove he was very familiar with the 2d of May that told him L. C. J. Is that Gentleman here Hilsly Here is one here to prove it L. C. J. And did he tell him how you lost your mony Hilsly Yes my Lord I suppose so L. C. J. I speak seriously I do not understand how he could come by these things Parry my Lord I can testifie if it were lawful for us o wear and prove that he was at Saint Omers that day when he says he came over L. C. J. What is your name Parry my name is William Parry L. C. J. What Country-man are you Parry I am a Flintshire man L. C. J. When was he at St. Omers Parry He was there that 25th day that day he says he came over L. C. J. Was he there all day Parry He did not stir thence all the day L. C. J. How can you tell that Parry I din'd with him that day he went into the Infirmary he did not go out of the Colledg he was sick Fenwick Mr. Parry how long did Mr. Oates stay there at St. Omers Parry He staid till after the 20th of June I am sure for on the 20th of June I know he was present by a very good circumstance he was at an Action of ours a Latine Play Dr. Oates My Lord as to the going into the Infirmary at that time I deny it My Lord if your Lordship please I will shew that this Gentleman is not only a Votary of the Jesuits but hath been one of the Sodality several years And they have Dispensations and are bound by an implicite obedience to say what the Jesuits bid them who are their Superiours L. C. J. What say you to the 20th of June the time he says

may be tried twenty or a hundred times Lord Ch. Just You say well it is observed Mr. Whitebread but you must know that you were not put in jeopardy of your Life for the same thing for first the Jury were discharged of you it is true it was supposed when you were indicted that there would be two Witnesses against you but that fell out otherwise and the Law of the Land requiring two Witnesses to prove you guilty of Treason it was thought reasonable that you should not be put upon the Jury at all but you were discharged and then you were in no jeopardy of your Life Whitebread Under favour my Lord I was in Jeopardy for I was given in charge to the Jury and 't is the case of Seyer in 31. Eliz he was indicted for a Burglary committed the 1 st of August and pleaded to it and afterwards another indictment was prefer'd and all the Judges did declare that he could not be indicted the second time for the same fact because he was in Jeopardy of his life again Lord Ch. Just Surely you were not in Jeopardy and I 'le shew you how you were not suppose you had pleaded and the Jury were sworn Whitebread They were so in my case Lord Ch. Just T is true they were but supposing that presently upon that some accident falls out a Witness is taken sick and be feign to be carried a way or for any reasonable cause it should be thought fit by the Court to discharge the Jury of it that they should not pass upon your life are you in Jeopardy then Lo. Ch Just North. I would have you be satisfied with reason and the course of Law that other mens lives are under as well as yours The Oath the Jury take is that they shall well and truly try and true deliverance make of such Prisoners as they shall have in charge the charge of the Jury is not full till the Court give them a charge at the last after evidence had and because there was a mistake in your case that the evidence was not so full as might be the Jury before ever they considered concerning you at all they were discharged and so you were not in Jeopardy and I in my experience know it to be often done and t is the course of Law the Clerks will tell you t is frequently done here and at other places and this is not the same Indictment and it contains further matter then that you pleaded to before And then if you will make this Plea good that you go upon you must alledge a Record and shew some Record to make it good and that cannot be because there is none so it will signifie nothing to you as you have pleaded it Whitebread I desire the Record may be viewed it remains with you I do only present this to your Lordship and the Court and desire I may have Counsel L. C. J. No not all there is no entry made of it Whit. I desire that Counsel may advise me for I am advised that according to the Law of the Land I ought not to plead again I hope your Lorships will be of Counsel for me L C. J. Look you Mr. Whitebread there is no entry made upon it and the reason is because there was no Tryal and there was no Tryal because there was no Condemnation or Acquittal if there had been then you had said something Whitebread That which I ask is whether I ought not to be condemned or acquitted L. C. J. No it is only in the discretion of the Court. For if a man be indicted for murder and some accident should happen when the Witness come to prove it that he should be taken ill and so be carried away should the murtherer escape Whitebread That is not my case you may do as you please L. C. J. But we shew that it is in the discretion of the Court to discharge the Jury upon such accidents and then the party is not in Jeopardy Whitebread I have onely pray'd your Lordships discretion in this L. C. J. You ought to plead and most plead L. C. J. North. I suppose if any of my Brethren are of another Opinion then what we have expressed they would say so Court We are all of your Opinon L. C. J. All the Judges of England are of the same Opinion Mr. Record T is the constant practise L. C. J. T is frequent in all places it is no new thing Whitebread My Lord I am satisfied Cl. of Cr. Thomas White alias Whitebread art thou guilty of the High Treason whereof thou standest indicted or not guilty Whitebread Not guilty Cl of Cr Culprit How wilt thou be tryed Whitebread By God my countrey Cl. of Cr. God send thee a good deliverance John Fenwick art thou guilty of the same High Treason or not guilty Fenwick Not guilty Cl. of Crown Culprit How wilt thou be tried Fenwick By God and my Countrey Cl. of the Crown God send thee a good deliverance Fenwick I was tried before with Mr. Whitbread our case is the same the onely reason why I presume we were not proceeded against was because the second witness declared he had nothing to say against us that was Mr. Bedlow who said as to Mr. Whitbread and Mr. Fenwick I have nothing to say against them if he had given the same Evidence against us as he had done against the rest we had been condemned and had suffered and so I suppose we ought to have been discharged L. C. J. No it was not reasonable you should be discharged it remains in the discretion of the court not to let a man that is accused of a great and capital crime escape if there be one witness that swears expresly do you think it reasonable such a man should go scotfree though there wanted two that the Law requires You were not in danger your lives were not in Jeopardy Fenwick My Lord we were in the same danger with those Three that suffered L. C. J. No we never let the Jury go together to consider whether you were guilty or not guilty we did prevent your making your defence because we thought it not a sufficient Charge C. of C. William Harcourt alias Harrison how say'st thou art thou guilty of the high Treason whereof thou standest indicted or not guilty Harcourt Not guilty Cl. of Cr. Culprit How wil● thou be tried Harcourt By God and my country Cl of Cr. God send thee a good deliverance How saist thou John Gaven alias Gawen art thou Guilty of the same High Treason or not Guilty Gavan Not Guilty Cl of Cr Culprit how wilt thou be Tryed Gawen By God and my country Cl. of Cr. God send thee a good deliverance How saist thou Anthony Turner art thou Guilty of the same High Treason or not Guilty Turner Not Guilty Cl. of Cr. Culprit how wilt thou be Tryed Turner By God and my country Cl. of Cr. God send thee a good deliverance L. C.