Selected quad for the lemma: day_n
Text snippets containing the quad
|
ID |
Title |
Author |
Corrected Date of Publication (TCP Date of Publication) |
STC |
Words |
Pages |
|
A31233
|
The Earl of Castlemain's manifesto; Manifesto
|
Castlemaine, Roger Palmer, Earl of, 1634-1705.
|
1681
(1681)
|
Wing C1245; ESTC R8304
|
54,743
|
145
|
t'other day that I was bail'd when my Commitment mention'd High-Treason in the highest nature and therefore I cannot doubt of less favour now that it runs in a more soft and gentle phrase Besides continu'd I give me leave to acquaint your Lordships that my Councel are of opinion that I have the Law on my side It is strange your Councel should tell you so reply'd the Ch. Justice My Lord says Mr. Sanders to me your Sollicitor has I suppose wrongly inform'd you and then Mr. Scroggs turning to me desir'd I would name the Councel This Answer of theirs a little surprized me for I thought a Lawyer that takes a Fee advises me to proceed as I propose if he forbids it not according to the common Axiom Qui non vetat cum potest jubet I speak not this with any reflexion on these Gentlemen but to show how high the storm was when Lawyers themselves fear'd to countenance their Clients if their Case seem'd in the least dubious or disgustful Desiring then no Disputes with my own Councel I addrest my self to the Judges and after they had again told me that my Request could not be granted I said I was sorry that I had been forced thus to trouble them that I knew they would pardon it since that excellent Court was the only place which men in my present condition were to fly to that I should always acknowledge with a great sense the favours I had often received of their Lordships that I did acquiesce in their Judgment and could now with satisfaction go back to prison having perform'd the duty which I thought my self obliged to that I hop'd no misfortune of mine would be a prejudice to others And lastly I entreated them to remember that I did again and again demand Tryal for being wholly innocent I would not wave it were there as many such Witnesses against me as could stand between Westminster and the Tower Their Lordships received what I said very civilly adding again that they were sorry they could not relieve me and so I presently return'd Fees again demanded Some few nights after the Gentleman-Gaoler came again to me in Mr. Lieutenant's Name for his Fee I answer'd I thought I had already satisfi'd him in that point but if it were otherwise I could not help it for I had no more to say He repli'd to this effect That the Lieutenant would use means he believ'd to have it and locking the doors departed Next morning I was hardly drest when one of my men came and told me that the Lieutenant passing by had called for the Warder who presently returned with this Order That for the future he was to be in the Room whenever I gave or received Visits I bade him do his duty for it was equal to me who heard my discourse but I would nevertheless shortly know by what Authority Mr. Cheek dealt thus with me Therefore as soon as the Council sate I sent a Petition to the King and Lords in which I shewed them what Mr. Cheek had done and withal that it was contrary not only to the practice of the Tower but to their own late positive Commands that his pretence for his arbitrary proceeding was because I refused him those Fees which I had already paid and so I stated my Case I added further That supposing I had been his Debtor yet I knew that that illustrious Board would never suffer them who had the charge of Prisoners to be their own Judges and Carvers This was publickly read but the King thought fit not to order any thing thereupon for there happen'd also at the same time other Petitions about Fees and his Majesty as I was informed had hints before-hand how prejudicial it would be to his Officers if he countenanc'd those that refused the paying of them But tho' he order'd nothing as I said in this Affair yet I believe the Lieutenant was advis'd to be a little careful of what he did for he seemed afterwards not so rigorous as in the beginning and truly for my own part I thought by this his more civil carriage he was convinc'd that I had Right on my side and consequently that he would not pursue the business any further Within a while after 1679 80. Hilary Term began and asking then the opinion of some Friends what I had best do they told me That I had sufficiently acquainted the Court with my desire of Tryal that doubtless the King's Council had already resolved whom to try and whom to bail that it would perchance disgust them to be further pressed by me because it might shock and interfere with their present measures that my best way was therefore to expect their pleasure and that certainly I should in course be either suddenly brought to Bar or bail'd I was no way averse to this Advice knowing that if the worst came to the worst the following Term being that of Easter would put me in statu quo and truly I found no help till then Therefore resolving to be no longer behind-hand I order'd my Councel to demand Tryal on the very first day of the said Term Easter Term 1680. and to have it recorded also This was done accordingly and on the last of it my Bill being found by the Grand-Jury I was to be try'd or set at liberty in Trinity Term which beginning within less than three weeks after I thought it not worth the troubling of my self or friends to take the advantage of the late Act as to Bail in the mean while When this Term came Trin. Term 80. I was forc'd to a very unusual trouble and charge viz. to move for my Arraignment and to pay for the Habeas Corpus c. which brought me down Now the reason why I thus pressed on was because if the day of my Tryal were not appointed which I knew could not or would not be till I were arraign'd several of my Witnesses might fail me in coming to Town and then if Mr. Attorney at the latter end of the said Term should tell me he was ready I must either enter these Lists unarm'd or take it as a mighty favour to lye in Prison till Michaelmas So much then for the Preliminaries and now for my Arraignment and Tryal My Arraignment and Tryal ON Tuesday the 15th of June 1680. My Arraignment and Tryal I was arraign'd at the King's-Bench Bar for intending to disturb the peace of the Kingdom to kill the King levy War and alter the establish'd Religion to the Superstition of the Church of Rome to which after I had pleaded Not Guilty and put my self upon my Countrey I was remanded to the Tower Wednesday 23d being appointed for my Tryal About 8 of the clock that day I was again brought by Mr. Lieutenant to the same Bar and towards 9 the Tryal began with the usual Proclamations and Formalities Sir John Cutler was Foreman of the Jury and next to him Sir Reginald Foster but when Roger Jenyns of Hayes