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A53380 A display of tyranny, or, Remarks upon the illegal and arbitrary proceedings, in the courts of Westminster, and Guild-Hall London from the year, 1678, to the abdication of the late King James, in the year 1688, in which time, the rule was, quod principi placuit, lex esto : the first part. Oates, Titus, 1649-1705. 1689 (1689) Wing O35; ESTC R16065 100,209 272

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Lane and had promised great Rewards to them Then the Cause was opened by that most incomparable Person the honour of the Law old Sr John Maynard now first Lord Commissioner of the great Seal whose Ability Integrity and Desert have kept him from a Seat upon the Benches of Westminster till about the eighty eighth Year of his Age when Heaven set the Law free he spoke to this effect This Cause is of great consequence there hath been an horrid and abominable Conspiracy against the King the Nation our Religion and the Law The first discovery of this Conspiracy came from a single Person who stood single and discouraged a long time and there were endeavours to discourage his further discovery when it stood so Sr Edmundbury Godfrey having taken his Examination then the endeavour was to suppress it and that by no less a wickedness then the barbarous Murder of that honest Gentleman that being accomplished they strived to baffle and defame him when dead All this while he stood single it fell out by the mercy of God that Bedloe made a further discovery and publick Justice has gone upon it Then they attempted to corrupt his Testimony with Bribes and Rewards and Reading who transacted it is attainted of it scelere tutandum est scelus Having gone all these ways they return again to see if they can disgrace and baffle the Evidence of Otes and Bedloe by scandalizing them with foul offences especially Dr Otes and that was thus Knox tampered with Lane a Servant to Otes to accuse him of the Horrid Sin of Sodomy In order to it there were Letters wrote by Osborne who is run away but contrived by Knox. It happens in this case as it did long ago as the Historian told us multi ob stultitiam non put abant multi ob ignorantiam non videbant multi ob pravitatem non credebant et non credendo conjurationem adjuvabant To this Sr Creswell Levens the King's Attorney-General added This is a counter-part of Mr Reading 's Case only it seems in this to differ that it exceeds the Original In the proceeding upon the cause it was proved that Lane upon his first coming to Dr Otes in November 1678 had a design to accuse him as he afterward did of Sodomy a Crime above the common standard of Villanies That he declared whilst he was with the Doctor that he hoped in a short time to get 1000 l. That Lane sent for Sr William Waller that he might confess the whole Contrivance to him declaring that he was pricked in Conscience for the false Oaths he had taken That Lane and Osborne had confessed before a Committee of the House of Lords and also before Sr William Waller and Justice Warcup that they were suborned by Knox to swear falsly against Dr Otes and Mr Bedloe and that he had given them money to do it That Knox made Lane and Osborne swear Secrecy and to stand fast to the Instructions he had given them That he went to the Sugar-Loaf in Pickadilly and took Lodgings for them and lay there with them and promised them Money and Preferment and told Lane that he need not doubt but the Lords in the Tower would acknowledge their Kindness That Lane and Osborne said they were going from Dr Otes that they were sworn Brothers if the one did go the other would and they should get Preferment and have 100 l. per annum and 500 l. in Money As to Knox his endeavours to blast the Testimony of Dr Otes and Mr Bedloe it was proved That Knox endeavour'd to suborn H. Wiggins to accuse Mr Bedloe his Master That he proposed to Thurston a Servant to Dr Otes to be very kind to him if he could find any thing to Swear against his Master That Knox to invite VViggins to betray and accuse Mr Bedloe said The King knows Otes and Bedloe to be great Rogues and when he has got what he can out of them he will hang them up That when Knox Lane and Osborne were Prisoners in the Gate-house for this contrivance Knox offered the Vnder-Keeper a Reward to allow him to correspond by Letters with Lane and gave him three half Crowns desiring him to speak to Lane to stand fast to him and then they should be two against one for he fear'd Osborne had betrayed them about the business of Dr Otes That Knox and Lane and Osborne went to Justice Dewy and Knox told him he was advised to come to him to take an Information against Dr Otes and that they went to Justice Cheyney upon the same errand That Lane had been kept the last Summer at the Lord Powis his house had 10 s. per week allowed him That Knox was to have 30 or 40 l. to carry on the business and that Knox Osborne and Lane were to be rewarded by the Lords in the Tower for their evidence against Dr Otes and Mr Bedloe That Lane being taken Knox sent for Osborne and carried him in a Coach to White Fryers That the Papers relating to the Conspiracy were delivered by Knox to Dangerfield and went about to the Lords in the Tower and afterwards to Nevil alias Paine and were by him amended and then delivered to Knox again The Case appearing so very clear upon the Evidence the Jury without going from the Bar found the Defendants guilty Whereupon they received this merciful Sentence Knox the principal who is now at this day in a better station at Court than ever he was in his Life or could ever have hoped for Fined two hundred Marks to be Imprisoned a year and to be bound to the good behaviour for three years Lane fined one hundred Mark● to stand once in the Pillory and to be Imprisoned a Year Notes upon the Tryal of John Tasborough and Ann Price for Subornation of Perjury in endeavouring to perswade Mr Stephen Dugdale to retract and deny his Evidence about the Popish Plot with an intent to stifle the further Prosecution of the same At the Kings Bench upon the third of February 1679 before Sr William Scroggs Sr Thomas Jones Sr William Dolben and Sr Francis Pemberton Judges of that Court. The Jury were Thomas Harriot Tho. Johnson Char. Vmphrerile Tho. Earsby Richard Pagget John Greene Edward Willford Richard Bull Joseph Ratclaffe Richard Cooper James Supple George Read. THe suborning attempt of Knox Lane was succeeded by another of the like nature carried on by two Popish Engines Mr Tasborough and Mrs Price which being likewise happily detected they were prosecuted as follows The Indictment was to this effect That Whitebread Harcourt and Langhorne and others were convicted and attainted for Treason and that Dugdale had been a material Evidence against them and the Defendants knowing this and contriving to stifle the evidence of those Treasons did before Harcourts Tryal suborn and endeavour to perswade Dugdale not to give evidence against him and after the Tryal solicited him to retract the Evidence he had given and promised him large Rewards
Evidence He further observed very pertinently that Whitebread and Fenwick were present and heard the whole of the Evidence given by him upon the Tryal of Ireland that they were Tryed six Months after and in that time might have provided Witnesses to falsifie his Evidence they knowing what it was He urged that his Case was hard his Testimony having been received with credit And the Jury upon convicting the Jesuites being told by the Court That they had found an unexceptionable Verdict That all the Objections against the Evidence were then fully answered that there was nothing that the Prisoners had been wanting in to object which could be objected and that the thing was as clear as the Sun And that yet after six years he must be called to an account for Perjury in that Testimony of part of the Popish Plot with which the King and Kingdom four successive Parliaments all the Judges of the Land and three Juries were so well satisfied He further observed the several attempts to baffle his Testimony viz the Murther of Sr Edmundberry Godfrey who took his first Depositions and the contrivance of Payne Farewell and Thompson to make Sr Edmund Felo de se Then he produced these Witnesses viz. Cicilia Mayo who swore that she saw Dr Otes at Sr Richard Barker's House in Barbican the latter end of April or the beginning of May 1678 and that he came again thither within a few days and was frequently there That she remembred the time by a particular circumstance viz. her Master Sr Richard Barker's being sick all the Month of April All imaginable art was employed by the Chief Justice and the King's Counsel to perplex and confound this and all other the Witnesses for the Defendant by impertinent and puzling cross questions but she honestly and very boldly stood to it telling Jefferies that her Evidence was the Truth and nothing but the Truth to which he in a scoffing taunting way replyed Ay no doubt of it thou swearest nothing but the Truth She further added that the Defendant came in a disguise in a white Hat and coloured Clothes and went to Sr Richard's Ladies Sister Madam Thorold now in Wales who said to him Mr Otes I hear you are turned Jesuite and We can have no Society with you now That a Servant of Sr Richard's one Benjamine Turbet since dead law him at those times and told her that he was turn'd Jesuite That he Dyned with Dr Cocket and Madam Thorold both now in Wales and with her two Sons since dead and two Daughters now in Lincolnshire at Sr Richard Barker's House three or four days after his first coming to the House in the latter end of April John Butler Servant to Sr Richard witnessed that Dr Otes came to his Masters in disguise in the beginning of May before the Plot broke out hereupon Jefferies demanded how he could be able to swear to the precise time and vexed him with repeated questions the demand of reasons for his remembring the month tho by the way no such question was put to any one of the twenty St Omers Witnesses to which Butler answered that he was called to witness it about six or seven Months afterwards at Ireland's Tryal that he remembred the time by the token that in May Sr Richard was sick at Putney whether he went the latter end of April and stayed a fortnight The Solicitor General endeavoured to confound this Witness with abundance of Questions very little to the purpose and Jeffryes with little reason called his Evidence a wild Story without Reason Upon which the Defendant said Truly my Lord I do not find you were so strict in the examination of the St Omers Witnesses or bore half so hard upon them as you do upon my Witnesses Mrs Mayo being again and again interrogated and thwarted with apparent design to confound her did declare that she did see Dr Otes in May 1678. and that she spoke nothing there but as in the presence of the Lord Upon which Jeffryes said We are all of us in the presence of the Lord always and she retorted And shall answer before him for all that we have done and said all of us the proudest and the greatest here Philip Page swore that he could not remember the precise time but that Dr. Otes came to Sr Richard Barker's in a disguise when Sr Richard was sick at Putney whereupon the Defendant did well observe that the St Omers men did swear through-stitch but that his honest Witnesses were cautious it being so long ago Mr W. Walter a Minister swore that he met Mr Otes between St Martins Lane and Leicester-Fields in a strange disguise and that he did then observe the Elm-Trees in Leicester Fields budded forth as big as Hazel-Nuts so that by that token he reckoned it was between Lady-day and the latter end of April and that it was near a Year and a Quarter before the time when he was examined about this matter at the Tryal of the five Jesuits which was the 13th of June 1679. The Attorney-General called these Canting Witnesses that beat about the Bush and spoke of Uncertainties Then the Defendant proceeded in his defence and offered these Objections to the Validity of the Evidence brought against him 1. That a Papist in a Cause of Religion is not to be received and believed as a good Witness and this case did surely require Witnesses above all possible Objections against their Testimony But. Here Judge Wythens interposed saying Is not a Papist as good a Witness as a Dissenter Which was answer'd by citing Bulstrode's Reports part 2. 155. viz. A Popish Recusant is not to be admitted a Witness between party and party which was also my Lord Cok's opinion Wythens replyed May a Presbyterian be a good Witness Mr Otes and Holloway who had help'd the Blood-hounds to murder Stephen Colledge said Or would Mr Colledge have been a good Witness Mr Otes Most certainly by the rules of Law the Testimonies of these Persons ought not to have been offered in this Case to delude the People And it may be well observed here as it was lately in relation to the Popish Witnesses about the Birth of the pretended Prince of Wales That the Civil Law so fully concurs with our Common Law in rejecting Enemies to be Witnesses in the Cause of their Enemy that it denyes credit to what they may testifie in the cause of their Enemy with their dying Breath after they have received the Encharist That is the general Conclusion of the Doctors of the Civil Law Inimicus etiamsi in Articulo mortis constitutus accipisset Encharistiam repellitur a Testimonio Causae sui Inimici Objection 2. To the Testimony of the St Omers Witnesses was their education bred up in a Seminary against Law. To which Jeffryes answered Every Man that is bred a Dissenter is bredup against Law. Whereupon the Defendant saying My Lord I have not offered any Dissenter as an Evidence for me Jeffryes in a
Justice he hath endeavoured to take off the credit of our Witnesses and he would have you believe that he is a very good Protestant though he does the Papists work I think it a great piece of arrogance for him to take upon him the Title of a Protestant when he hath abused that title by such unsuitable Practices I cannot but reflect upon the condition of this Man whose onely hope is that you should now forget your selves and become as ill as he is But as that cannot be presumed so I shall not need to say any more to you After the making of very long Speeches to the Jury by Sr George Jeffryes and also by the Lord Chief Justice North to the same effect with the Solicitor's The Prisoner minded the Lord Chief Justice that he had omitted to mind the Jury of several material things evidenced for him but his Lordship answered That he had repeated to them as much as he could remember And so the Jury having been for a short time sent out and returning it being about three in the Morning they brought in the Prisoner Guilty The Lord Chief Justice North coming to pronounce Sentence said I think the Court were all very well satisfied with the Verdict and the Jury did according to Justice and Right I thought it was a Case that as you made your own defence small proof would serve the turn to make any one believe you Guilty and so he was sentenced to dye as a Traytor At the place of Execution upon the 31st of August 1681. he behaved himself with great Courage and Constancy and expressed himself to this effect He professed in the presence of the Living God That he was so far from being Guilty of those Treasons falsly sworn against him by the wretched and mercenary Men Dugdale Turbervile Smyth and Haynes that he never spoke so much as one single word of those Treasons to them or either of them or ever heard them spoke till sworn in the Court. He declared that Haynes had discovered to him that the Parliament was to be destroyed at Oxford and that Fitz. Gerald and his party had a design to murder the Earl of Shaftesbury and that they did endeavour to bring Macnamar over and said that then it would be well with them And they would not be long before they had Shaftesbury's Life That as for what Arms he and others had they were for their own defence in case the Papists should make any attempt by way of Massacre He took it upon his Death that he was never engaged in any manner of Plot or Conspiracy against the King the Laws or Government or knew of any except that of the Papists That if it had been true that he was to have seized the King he knew not of so much as one single Person that was or would have stood by him in that attempt That Masters was unjust in what he swore in omitting the material part of the discourse about the Parliament of 1640 for when Masters cursed them and the last Westminster-Parliament and charged the Parliament of 1640 with beginning the War and cutting off the King's Head he denyed both and told Masters that the Papists begun that War and that the death of the King was the fatal consequence of it That Sr William Jennings also did him wrong for his words were that he had lost the first Blood for the Parliament and wish'd it might be the last That he was reported to be a Papist but he declared he detested Popery and that he had lived and dyed a Protestant That Secretary Jenkins my Lord Killingworth and Mr Seymour when they committed him did interrogate him to many things that he should be privy to against the King Mr Sevmour saying that Colledge did know the Lord of Shaftesbury the Lord Howard and Mr Ferguson were also engaged but that he answered were it to save his Life he could not accuse a Man of them nor any other Person whatsoever That upon the 23d of August the Messenger who brought him the message of his Death told him he might save his Life if he would confess who was the Cause of his coming to Oxford and upon what account And that he answered him that he came voluntarily of himself rode his own Horse spent his own Money and neither was invited nor had dependency on any Person whatsoever and had only one Case of Pistols and a Sword and that had the Papists offered to have destroyed the Parliament as was sworn they would that he was there to have lived and dyed with them That when he had said this to the Messenger though the very truth he found it was not that he wanted and so left him with a Curse He concluded I dye by the Hands of the Enemies of the great God his Christ his Servants his Gospel my Country to which I willingly submit and earnestly pray mine may be the last Protestants Blood that murdering Church of Rome may shed in Christendom And that my Death may be a far greater Blow to their Bloody Cause than I either have or could have been by my Life The Lord God Almighty save England from Popery and Slavery bless the City of London and unite all good Protestants in the Nation Amen Amen Notes upon the Tryal of Nathaniel Thompson the Popish Printer William Paine Brother of the famous Nevil Paine and John Farwell upon the 20 th of June 1682. before the Lord Chief Justice Pemberton upon an Information for Writing and Publishing Libels importing that Sr Edmundbury Godfry Murdered himself THe Conspirators from the very first discovery resolved that the Popish Plot should be turned to a Presbyterian Plot pursuant thereto the credit of the Evidence especially from the time of the Dissolution of the Oxford-Parliament in the beginning of the year 1681. had been with matchless Impudence and Virulence traduced and run down by the scriblings of L'Estrange and of Heraclitus ridens and the Intelligences of this Thompson now before us so that by this time a multitude were infected with the poison of their Works and seduced into a belief that the Popish Plot was a Sham nothing but a thing raised by the Protestants against the Papists however it still remained upon them to wipe off the Blood of that Martyr the worthy Sr Edmundbury Godfry which was more then One Thousand Witnesses against them and now they judging matters to be ripened for it with effronted fore-Heads set to the Work as will appear by what follows The Information against these notorious Criminals Thompson Paine and Farwell was to this effect That they well knowing that Green Berry and Hill were Convicted Attainted and Ex●…uted for the Murther of Sr Edmundbury Godfry and that Prance Bedloe Brown Curtis Skillarne and Cambridge were Witnesses for the King against them and that by the Coroners Inquest taken upon view of the Body it was found that he was Strangled and Choaked they to subvert and elude the due course of
charged against them touching the Proceedings against Sr Thomas Armstrong Then Mrs Mathews Sr Thomas Armstrong's Daughter was called in and examined what she knew of the Prosecution against her Father And Sr Robert Sawyer then Attorney General being named by her as one of the Prosesecutors After she was with-drawn he was heard in his place to what was objected against him and then he withdrew and upon debate of the matter it was Resolved That Sr Robert Sawyer 's name be put into the Bill as one of the Prosecutors of Sr Thomas Armstrong Resolved That Sr Robert Sawyer be expelled the House for the same Saturday the 25th of January 1689. The House being acquainted that according to their Order Sr Francis W●thens Sr Richard Holloway Mr Graham and Mr Burton attended at the Door th●y were severally called in and examined touching the Prosecution and Proceedings against Sr Thomas Armstrong And also the Executors of the late Lord Jeffryes that were attending at the Door were likewise called in and asked what hey had to say why Reparation should not be made out of the Lord Jeffryes Estate to the said Sr Thomas Armstrong's Family No Persons appearing as Executors to the late Justice Walcot the House was acquainted that he dyed Intestate and had not left an Estate sufficient to pay his Debts After the Persons before-mentioned were heard and with-drawn Mr Blaney was called in who gave the House an Account of the Proceedings in the Court of King's-Bench upon the Awarding Execution against Sr Thomas Armstrong And then the House proceeded upon the Amendments made by the Committee to the Bill for annulling the Attainder of Sr Thomas Armstrong And after having inserted the Name of Sr Robert Sawyer as a Prosecutor and resolved That the sum of five thousand Pounds should be paid by the Judges and Prosecutors to Sr Tho. Armstrong's Lady and Children as a Recompence of the Losses they had sustained by reason of his Attainder the Bill was recommitted upon the debate of the House to the same Committee Notes upon the Tryal between Sr William Pritchard Alderman of London and Thomas Papillon Esq. at Guildhall upon the 6th day of November 1684. before Sr George Jeffryes Lord Chief Justice of the Kings-Bench THat Mr Papillon was second to none in his zealous and undaunted opposition to the wicked attempts of introducing Popery and Arbitrary Government is very well known and deserves to be for ever remembred with honour None out did him in a diligent and faithful discharge of his Trust in several Parliaments In the Year 1681 there appeared a Race of Men fond of Vassalage and Slavery to that degree that they made Addresses of Thanks to the King for breaking two Parliaments in the compass of three Months meerly upon the score of their steady Resolution to extirpate the Popish Plot and Popery One of these fawning Addresses with promise of venturing their Lives and Fortunes to maintain this Violation of the Constitution of the Government having been presented to the King by Sr William Pritchard Sr George Jefferies and others Mr Papillon in abhorrence of it promoted and personally prosecuted a Petition to the Lord Mayor Aldermen and Common-Council praying that the Thanks of the City might be returned to Sr Robert Clayton Sr Thomas Player Alderman Pilkington and Alderman Love their worthy and well deserving Representatives in the Oxford Parliament and shewing That as matters then stood the Papists being animated in their Bloody designs by the hopes of a Popish Successor a Declaration to have frequent Parliaments could not attribute to the safety of the Kingdom and the composing the minds of Protestants but that it must be the sitting of a Parliament so as to search the Plot to the bottom to Prosecute the Conspirators and provide suitable Laws against the impending Evils and that nothing else could be effectual Further This Gentleman having in the same year 1681. greatly added to his guilt by baffling the Popish designs upon the Lives Liberties and Estates of all Protestants in the attempt upon the Earl of Shaftesbury He exerts himself in the year 1682. in the defence of the great and undoubted Right of the Citizens to chuse their own Sheriffs but now arbitrary Power being by the aid of ill Men become rampant and uncontroulable he must be sacrificed to their Revenge Mr Papillon having been duly elected one of the Sheriffs of London and Middlesex he brought a Writ of Mandamus out of the Court of King's-Bench to command the Mayor Aldermen to swear him into the Office that being disobeyed he is advised by his Counsel that he is entitled to an Action at Law for the wrong done him he sends in a respectful way to the Mayor and Aldermen requesting them to give voluntary appearances to his Action that being refused he proceeds by a legal process to bring them to answer him at Law whereupon Sr William Pritchard being arrested by the Coroner of London to whom the King's Writ was directed and detained some hours upon his refusal to give an appearance to Mr Papillon's Action Sr William brings an Action against him for thus arresting him and demands 10000 l. damages wherein he committed a great over-sight for had he ask'd 100000 l. the usual damages given in that day he had not failed of it with the following Jury which tryed the Cause Bartholomew Ferryman an old Informer one of the Jury of the Guildhall Riot Thomas Blackmore One of Dr Otes's Jury and also of the Riot Jury Thomas Symonds William Whatton One of the Riot Jury John Greene Thomas Amy One of Sr S. Barnardiston's Jury Joseph Baggs Daniel Chandler John Reynolds John Allen. Joseph Caine and Will. Wythers junior Fathers own Son. Mr Mundy opened the Declaration to this effect That the Plantiff being Lord Mayor and to attend that Office in the diligent Government of the City The Defendant envying the happy Estate of the Plantiff and contriving unjustly to disturb him in the Execution of his Office did to vex him not having any probable Cause of Action against him maliciously prosecute the King 's Writ out of the Court of King's-Bench against him directed to the Coroner of London commanding him to take Sr William Pritchard at Mr Papillon 's suite in an Action of Trespass and did procure Mr John Brome The Coroner to arrest him and that he was detained in custody six hours To the disgrace and scandal of the Plantiff and of his Office Whereas in fact he had not any just Cause of Action against him to his damage 10000 l. Then the Attorney General told the Jury that the action was brought to vindicate the honour of the Chair from such Affronts as these which in no Age till our times of faction and confusion it ever met with and he said We shall shew you that there lay a further Malice in this case and that there was a design in it against the Government This design was laid to carry on the great
Plot against the Lives of the King and the Duke and for subversion of the Government The end of this business was to have had a commotion for the accomplishing their great Conspiracy but Parturiunt Montes For after this Tragical Out-cry their own Witnesses only proved that Mr Brome the Coroner went to my Lord Mayor and told him that he had a Writ against him at the suite of Mr Papillon and another at the Suite of Mr Dubois and prayed him that he would please to give an appearance and that upon his refusing to do it his Lordship went in his own Coach to the Coroner's House Mr Serjeant Maynard then offered to the Jury That my Lord Mayor if he mistake in his Office and doth not that which belongs to him to do he is as much subject to the process of the Law as any private Citizen That the question they were to try was Whether Mr Papillon had probable Cause of Action against the Mayor That the Case was thus Vpon the contest about the choice of Sheriffs the Judges of the Election certifie to the Mayor and Aldermen that Mr Papillon had most Suffrages thereupon he conceived himself rightly chosen and that surely gave him a probable cause to proceed upon it and if so no doubt he might well take the course he did here is no Arrest without legal Process nay their own Witnesses say there was an offer to take an appearance without an Arrest but that being refused the process of the Law was executed He had no other course to take but to bring his Action against the Mayor This course he took here is a great deal of stir made that a Coroner of London should Arrest my Lord Mayor he might do it lawfully doth this prove that this was malitiously done Have they proved any particular discontent and malice that was between them No the quite contrary appears did he Violently Arrest him That he might do and no offence in Law no but he did it not but only desired from time to time that he would give an appearence that would have put a Conclusion to this dispute Besides the Sheriffs having made a return of Mr Papillon's Election to the Aldermen they being of another opinion gave order that those who thought themselves agrieved should take their remedy at Law which has been pursued in the regular course the Law prescribes Here is a great noise of Damage and Disrepute and Disgrace and the Plaintiff has been pleased to reckon his own Damages at 10000 l. We say he has sustained no Damage The very Court of Aldermen and the Lord Mayor bidding them take their course at Law We sure shall not be punished for doing it Mr Williams then insisted that the Plaintiff's Action must fall if they shewed that it was not Malitious and that Mr Papillon had a probable cause to bring his Action Mr Ward then observed to the Jury that Mr Papillon had been greatly reflected upon That by way of Crimination against him there was a most unjust reflection as if he were privy to an intended Insurrection and Conspiracy against the King's Life and procured the Mayor to be Arrested to promote an Insurrection That this was only insinuated for Reflection sake and not one word of any such thing proved He then added that the Case before them depended upon this point Whether Mr Papillon had a reasonable cause or probable ground to bring an Action against Sr William Pritchard If so all that was desired was only an Appearance but that would not be given That the Jury had been told of the great dangers in the Case as to the Infringment of the Peace c. but had Sr William Pritchard complyed with the reasonable and oft repeated request of ordering an Appearence the Peace of the Kingdom had been in no peril from such a design as this Arrest Here the Chief Justice told Mr Ward a Person never esteemed to come short of Sr George Jefferies in any thing but Insolence and Impudence That he had made a long Speech and nothing at all to the purpose and that he did not understand what he was about and that made him ramble in his Discourse and did then in a raving and most impetuous manner repeat his expression six or seven times that Mr Ward did not understand the Business Mr Brome the Coroner being called to give an account of the manner of his Arresting my Lord Mayor testified That he had a former Writ in Hillary Term and went to my Lord Mayor and desired him that he would appear to it but he said he would give no Appearance That he gave his Lordship a week or ten days to consider of it and then waited upon him at the Court of Aldermen and had his answer that he had considered of it and would give no appearance That a little before Easter Term the Attorney brought him another VVrit and threatned to complain to the Court of him for neglecting the Execution of two of the King's VVrits That thereupon he went again to my Lord and told him that the VVrit was renewed and he was pressed to make a return and desired that his Lordship would please to give an Appearance and that he told him that he was ready to submit to the King 's Writ but would not give an Appearance and thereupon the Officers named in the Warrant Arrested him by his Command Then Mr Crisp the common Serjeant aiming at Alderman Cornish falls to interrogating Mr Brome who were present at the meeting when the Arresting the Mayor was agreed upon he having named two or three the Common Serjeant further pressed him to name others and then the Chief Justice explained the Common Serjeant's meaning by demanding whether Mr Cornish was there Alderman Cornish and Mr Serjeant testified That Mr Papillon and Mr Duboi● being at the Alderman's House their At orney came to them and told them that he had addressed himself from time to time to my Lord Mayor to get him to give an Appearance but he would not and that thereupon they told him it was fit the matter should be brought to an Issue and ordered him to get an Appearance if he could and to remember that the Lord Mayor was the Chief Magistrate of the City and that he should carry it with all imaginable respect and regard to him Here the Chief Justice and Attorney General made long and extravagant excursions running upon Alderman Cornish with abundance of Questions wholly foreign to the matter in Question and Jefferies told him that he had as much cause as any Man to remember the manner of his own being chosen Sheriff for several reasons that he knew A pl●… Indication of what he designed against this honest Gentleman And then his Lordship added that he only asked things by the by to satisfie the World what sort of Men these are that pretend to Saintship and with his wonted blustering Impudence said Do you think the Government will ever suffer it self to be