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cause_n	day_n	good_a	lord_n	2,583	5	3.5431	3	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A63161	The tryal and conviction of Sr. Sam. Barnardiston, Bart. for high misdemeanor at the session of nisi prius holden at Guild-Hall, London, for His Majesties Court of Kings Bench before the Right Honorable Sir George Jeffreys ... lord chief justice of England on Thursday, Feb. 14, 1683.	Barnardiston, Samuel, Sir, 1620-1707.; England and Wales. Court of King's Bench.	1684 (1684)	Wing T2164; ESTC R30169	21,088	35

THE TRYAL AND CONVICTION OF S r. Sam Bernardiston Bar t. FOR HIGH-MISDEMEANOR AT The Session of NISI PRIVS Holden at GUILD-HALL LONDON For his Majesties Court of KINGS BENCH Before the Right Honorable Sir George Jeffreys KNIGHT and BARONET Lord Chief Justice of ENGLAND On Thursday Feb. 14. 1683. LONDON Printed for Benjamin Tooke at the Ship in S. Pauls Church-Yard 1684. I Do Appoint Benjamin Tooke to Print the TRYAL of Sir Samuel Bernardiston Baronet and order that no other Person presume to Print the same Geo. Jeffreys THE TRYAL AND CONVICTION OF Sir SAM BERNARDISTON BARONET FOR HIGH-MISDEMEANOR AT The Session of NISI PRIVS Holden at GUILD-HALL LONDON THere being in Hillary Term last an information in the Court of Kings-Bench preferred by his Majesties Attorny General against Sir Samuel Bernardiston for a very great Misdemeanor upon Oath made that he was so extreamly indisposed that he could not appear in Person without danger of his life the Court were pleased to respite his Recognizance which he by order of the Lords of his Majesties most Honourable Privy Council entered into the last Vacation to appear in this Court the First day of this Term and to allow him the liberty of Pleading to the Information by Attorney which he did And Thursday the 14th of February 1683. being the Session of Nisi Prius after the Term holden for the City of London and County of the same was appointed for the Tryal of this Cause and accordingly then the same came on and was tryed before the Right Honourable Sir George Jeffreys Knight and Baronet Lord Chief Justice of his Majesties Court of Kings-Bench in this manner Clerk Call away Cryer Cryer You good men of Nisi prius summoned to appear here this day between our Sovereign Lord the King and Sir Samuel Bernardiston Baronet answer to your Names and save your Issues Cl. Thomas Vernon and his Fellows Vous avez plein Inquest Call the Defendant Sir Samuel Bernardiston Cryer Sir Samuel Bernardiston come forth or this Inquest shall be taken by your default Mr. Williams He appears Cl. Gardez vostres Challenges Swear Thomas Vernon Cr. You shall well and truely try this Issue between our Sovereign Lord the King and Sir Samuel Bernardiston according to your Evidence So help you God Cl. Percival Gilburn who was Sworn and so the rest The Names of the Twelve were these Thomas Vernon Jur. Percival Gilburn Jur. Edward Bovery Jur. William Withers Sen. Jur. James Wood Jur. Robert Masters Jur. Samuel Newton Jur. George Torriano Jur. Kenelm Smith Jur. Thomas Goddard Jur. Thomas Amy and Jur. Richard Blackburn Jur. Then they were counted and Proclamation made for Information in usual manner Mr. Poultney May it please your Lordship and you Gentlemen of the Jury this Cause is between the King and Sir Samuel Bernardiston and it is upon an Information exhibited by Mr. Attorney General wherein he sets forth That there having been lately a Horrid Plot discovered as appears by the Convictions of those that have suffered justly for it and by the Evidence that has been given of it has been made so apparent that I do not question but that no man but who either has a hand in it or else bears a good will to it doth at all scruple the belief of it Sir Samuel Bernardiston the Defendant intending to scandalize and vilifie the Evidence wrote a Letter wherein are contained these Sentences The return of the Duke of Monmouth to White-Hall and his being received into extraordinary Favour of his Majesty hath made a strange alteration of affairs at Court for those that before spake of him very indecently now court cringe and creep to him His Grace complained to the King of the scandalous misrepresentation that was made of him in the Mondays Gazette upon which the Gazetter was called to accompt for it who alledged for himself that a Person of great Quality sent him in writing the words therein recited commanding him to put them in the Gazette Yesterday being the last day of the Term all the Prisoners that were in the Tower upon the late Sham Protestant-Plot were discharged upon Bayl. Mr. Bradon who prosecuted the Murther of the Earl of Essex the Information put in against him in the Kings-Bench by Mr. Attorney for a pretended Subornation c. was not prosecuted and his Bail was discharged And the passing Sentence upon the Author of Julian the Apostate and the Printer of the late Lord Russels Speech was passed over with silence Great applications are made to his Majesty for the pardoning Mr. Sidney in the Tower which is believed will be attained and that he will be banished The Lord Howard appears despicable in the eyes of all men he is under guard at White-Hall and 't is believed will be sent to the Tower for that the Duke of Monmouth will accuse him concerning the Testimony he hath given and the Papists and High Tories are quite down in the mouth their Pride is abated themselves and their Plot confounded but their Malice is not aswaged T is generally said the Earl of Essex was murthered The brave Lord Russel is afresh lamented The Plot is lost here except you in the Country can find it out amongst the Adressers and Abhorrers This sudden turn is an amazement to all men and must produce some strange events which a little time will shew And then he goes on further and saies in another Letter these words I am to answer yours of the 27 and 29 th past and truly I cannot but with great sorrow lament the loss of our good Friend honest Mr. John Wright but with patience we must submit to the Almighty who can as well raise up Instruments to do his work as change hearts of which we have so great an instance in the business of the Duke of Monmouth that no Age or History can parallel I am now throughly satisfied that what was printed in the Mondays Gazette is utterly false and you will see it publickly declared so shortly The King is never pleased but when he is with him hath commanded all the Privy Council to wait upon him and happy is he that hath most of his favour His Pardon was sealed and delivered to him last Wednesday 'T is said he will be restored to be Master of the Horse and be called into the Council Table and to all his other places and 't is reported he will be made Captain General of all the Forces and Lord High Admiral c. he treats all his old Friends that daily visit him with great Civilities they are all satisfied with his integrity and if God spares his life doubt not but he will be an Instrument of much good to the King ' and Kingdom He said publickly That he knew my Lord Russel was as Loyal a Subject as any in England and that His Majesty believed the same now I intend shortly to wait on him my self It would make you laugh to see how strangely our High-Tories and

of such an action or thing So in Informations for Offences of this nature we say He did it falsly malitiously and seditiously which are the formal words but If the nature of the thing be such as necessarily imports malice reproach and scandal to the Government there needs no proof but of the Fact done the Law supplies the rest If the Fact were indifferent in it self then to make a Crime of it the accidental Circumstances must be proved but it needs not where the thing implies malice in its own nature You would have the Jury find he had no ill Design in it he did it with a good intent I warrant you Mr. Williams All I would ask my Lord is but this L. Ch. J. Do you think he did it to serve the Crown If the Jury will take it upon their Oaths that Sir Samuel Barnardiston wrote these Letters to serve the Crown you say something Pray ask them that Question Try if you can make them believe that Mr. Williams Mr. Williams There is no Evidence given about his malice L. Ch. Just Yes the very thing is Evidence of it self Mr. Williams Pray my Lord let the Fact lye upon its own weight There is no proof given of any of these aggravating things L. Ch. Just How shall any man prove another mans malice which is a thing that lies only in a mans mind How should any man know that I am malicious against the Government but by my Actions Mr. Williams I lay it before your Lordship and the Jury L. Ch. J. No proof can be expected but what the nature of every thing will bear Mr. Williams Then I pray this my Lord that I may be at liberty next Term if we be convicted to urge this and observe in mitigation of the Punishment that there was nothing of these things proved L. Ch. J. Urge what you can in its proper time but offer nothing here but what is fit to be offered Mr. Williams Here are mentioned in this Information though it be by way of Inducement yet they must be proved things that are matters of Record but they have proved none of them L.Ch. J. Have you any of those Records here the Convictions of my Lord Russel and Colonel Sidney Mr. Recorder Those things are so well known I suppose they will not contest them Mr. Williams Sir I must lay hold on all advantages for my Client You have made them part of your Case pray prove them Mr. Recorder Truly My Lord We did not think they would have made that any Question and we have them not here They know it well enough to be true Lord Ch. Just If you have them not here go and find them if they insist upon it you must prove them I will stay till you fetch them Mr. Williams My Lord we would not hinder your Lordships business Lord Ch. Just No no It will be no hindrance I will do something else in the mean time This is a Cause of publick Example and Consequence and I will give it all the fair hearing I can Mr. Williams My Lord If you please there is I suppose no such haste of Trying this Cause now to hinder business and keep you here longer than needs This Cause may as well be Tryed the beginning of next Term. Lord Ch. Just No no I will make an end of it now if I stay never so long for it indeed the Defendant says I am down in the mouth 'T is true I have got a little hoarsness but I thank God my heart is not down nor I hope never will be to serve the Government Mr. Williams If they will they shall find the Letters without the Records Mr. Jones No no We must have the Records though it is true it is but matter of Form yet we must prove our whole Case Lord Ch. Just Well I will stay till they are fetched Let the Jury stand by and I will go on and Try another Cause and in the mean time fetch these Records Do not make two journeys but bring all that are mentioned in the Record Then the Jury were set by and the Court went on in some other Causes and about an hour and a half after the Records were brought and this Cause was resumed and Proceeded thus Lord Ch. Just Well come Have you those Records now Mr. Recorder Yes Swear Mr. Tindal which was done Is that a true Copy Mr. Tindal Yes it is a true Copy of the Indictment Conviction and Attainder of my Lord Russel I examined it with Mr. Tanner Lord Ch. Just Well put it in And then a word of it was read by the Clerk Mr. Recorder And here is the Record it self of the Attainder of Col. Sidney which was some part of it read also Lord Ch. Just What say you now to it Gentlemen for the Defendant Mr. Thompson My Lord I have nothing more to say than has been said Lord Ch. Just All this was well enough known Mr. Jones Ay but they would give the Court all the trouble they could by making them send for that which they could not deny Lord Ch. Just Gentlemen of the Jury Here is an Information exhibited against Sir Samuel Bernardiston and the Information sets forth this matter It doth take notice of a horrid Conspiracy a damnable Conspiracy lately hatched and set on foot for the Destruction of the King and for the Subversion of the Government That there were divers Persons who were Indicted and stood Convicted and were afterwards Executed for this horrid Conspiracy Among the rest there is notice taken of my Lord Russel for one and Colonel Sidney he went by that name Algernon Sidney I mean for another to be two of those Conspirators that were ingaged in that damnable Conspiracy for the Destruction of the King and Subversion of the Government Now Gentlemen That these Persons according to the inducement of this Information were so Indicted so Attainted and Executed as far forth as is recited in the Information is proved to you by the two Records which the Counsel on the other side insisted to have shewn and which have been now produced The one is sworn to be a true Copy of the Conviction and Attainder of my Lord Russel and the other which they produced was the Record it self of the Conviction and Attainder of Sidney So that as to that part it is plain they were Convicted and Attainted both the one and the other as Actors in that Hellish Plot. The next thing Gentlemen and which was so much insisted upon by the Defendants Counsel is this The Information takes notice that the Defendant Sir Samuel Bernardiston being a man of a Factious Seditious Disaffected temper towards the Government a man of ill Principles in order to disturb disquiet and discompose the Government he did cause several Letters Four in Number to be Writ and Published which Letters have been read unto you It hath been objected That in as much as the words Falsly Seditiously Malitiously Factiously and the like