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A63176 The tryal of Henry Baron Delamere for high-treason, in Westminster-Hall, the 14th day of January, 1685, before the Right Honourable George Lord Jeffreys, Baron of Wemm, Lord High Chancellour of England, constituted Lord High Steward on that occasion on which day, after a full hearing, the Lord Delamere was acquitted from all matters laid to his charge. Warrington, Henry Booth, Earl of, 1652-1694, defendant. 1686 (1686) Wing T2189; ESTC R23568 84,177 92

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my Journey so soon nor with such privacy but that I had notice there was a Warrant out to apprehend me and knowing the inconveniences of lying in Prison I was very willing to keep as long out of Custody as I could and therefore I went out of the way and under a borrowed name When I came to my house in Cheshire there were not above 5 of my own Servants that saw me all the while I was there and I saw no body but them but while I was there my Wife sent me an Express that as to the Warrant she hoped it was a mistake and there was no such thing but my eldest Son was very ill and if I intended to see him alive I must make haste up this was the occasion of my quick return and I shall satisfie your Lordships by Proof that I came thither in that manner to avoid the Warrant and for no other Reason L. H. Stew. You say you went to see a sick Child in the Countrey L. Delamere May it please your Grace my Mother that is here wrote me word that my Child was not well L. H. Stew. Pray what made you come back again so soon L. Delamere Because I had an Express sent me by my Wife that my other Son vvas like to dye L. H. Stew. Call your Witness my Lord. L. Delamere Mrs. Kelsey who came in Pray will you give an account what I said when I came down vvas the occasion of my coming so privately and changing my Name Mrs. Kelsey My Lord heard he said there was a Warrant for taking of him up and he gave me that for a reason besides his little Son in the Country was ill L. H. Stew. What she lived in the Countrey did she Mrs. Kelsey My Lord I was in the house with him L. Delamere If your Lordships please my Mother may be examined L. H. Stew. Yes with all my heart She sate by him at the Bar. L. H. Stew. Pray Madam will you lift up your Voice that my Lords may hear what you say Lady Delamere My Lords This Child of his that was in the Countrey was more than ordinarily pretious to him in regard it was born to him at that time when he was an innocent honest Man as he is now a Prisoner in the Tower for high Treason above two years ago and I think it increased his affection to the Child that God had given it to him when he was in that affliction My Lord I knowing the affection that the Father and Mother both had to the Child my care in their absence I thought ought to be more exercised about him The Child sucked but I ●●w the Child decline and therefore I was of Opinion that he sho●●d be weaned and I sent up word that if they did not take car● quickly and look a little after him I was afraid he would go i● 〈◊〉 Consumption Upon this my Son came down I saw him not indeed because he was very private all the while he was in the Countrey but while he was there it pleased God to visit his eldest Son with a dangerous distemper upon which my daughter sent for him Post if he intended to see his Son alive And thereupon I think he made what haste back again he could L. H. Stew. Were you in the same house with him Madam Lady Delamere My Lord I say I did not see him all the time he was there I only tell you what I heard L. H. Stew. How long was he in the Country Lady Delamere I cannot tell exactly that I think he was not above two days L. H. Stew. He must be but one day by computation of time L. Delamere Pray My Lord I will satisfie you in that point presently Mrs. Kelsey vvill give an account what time it was that I came down and vvhen I went avvay Mrs. Kelsey My Lord came down upon the sabbath-Sabbath-day night and stayed there Monday and went away the Tuesday morning L. H. Stew. Look you My Lord the 27 th of May was upon a Wednesday that night you went out of Town and wont to Hoddesden Thursday which was the 28 th you came to Hitchin at Noon Friday was the 29 th Saturday the 30 th Sunday was the 31 th then you came to your House Munday the 1 st of June Tuesday the 2 d then you came away and upon Wednesday the 3 d you were in Town so says your Brother L. Delamere It was so my Lord. L. H. Stew. Which way did you come back L. Delamere I came Post through Coventry my Lord and that was the time that Hope speaks of that I told him I had come another way into Cheshire when I came down L. H. Stew. My Lord you say you went down to secret your self from a Warrant that you apprehended was out against you and that made you go a by-way how came you then to come so publickly back the ordinary Post Rode L. Delamere If your Grace please I have told you I had an Express came from my Wife that told me it was a mistake as to the Warrant but my Child was very ill and I must make haste up L. H. Stew. Have you any more Witnesses my Lord L. Delamere Yes my Lord I desire Mr. Kelsey may be called He came in L. H. Stew. Well what say you Mr. Kelsey My Lord came down upon the Sunday night at 11 of the Clock and stayed at home all Monday and on Tuesday morning at 3 of the Clock in the morning he took Horse ●●r London and I have Letters by me that are dated the 4 th of ●●●e which was Thursday that told me my Lord was come to Town ●●e night before L. H. Stew. Whose are those two Letters Mr. Kelsey They were from my Lady and Mrs Vere Booth and both came by the same Post L. Delamere I shall call one Witness more My Lord to prove that my Child was sick here in Town and the time and that is Sir Thomas Millington who was his Physitian Sir Thomas was called and came in L. Delamere Pray Sir Thomas can you recollect your self what time my Son was ill last year Sir Tho. Millington My Lord I was sent for to my Lord Delamere's Son upon the 28 th of May and I found him then very ill and he continued so for two days Insomuch as I told my Lady Delamere his Mother that I thought the Child would not escape I told it likewise to Sir James Langham who is my Neighbour in Lincolns Inn Fields what they did upon it whether they sent for my Lord Delamere to Town or no I cannot tell but I know punctually this was the time by reason of the Bills I wrote are dated on that day otherwise I could not have remembred the time but the Bills being sent me from the Apothecary I find that date to them L. H. Stew. Pray Mr. Attorney will you call Edlin again or Vaux either of them Mr. Att. Gen. Here is Edlin my Lord. L. H.
Delamere Mr. Heveningham is my next Witness My Lord who I desire that he would please to give your Grace and my Lords an account when he remembers to have seen Sir Robert Cotton in Town Mr. Heveningham My Lord It was a more than ordinary occasion that makes me remember the thing and the time so particularly I was engaged in a dispute in the House of Commons about my own Election and that was upon the 2 d of June then was a Case debated in the House whether a Mayor that was elected a Burgesse for any Town could sit upon his own Return it was then carried he should not and the next day which was the third of June another question came on whether Sir Joseph Williamson was duly elected and returned and I remember at that time I was walking with Sir Robert Cotton in the Court of Requests and Mr. Neal came out of the House and told me that it was carried by five that he was not and then Sir Robert Cotton was with me L. H. Stew. So you speak as to the 2 d and 3 d of June Mr. Heveningham My Lord had it not been upon this particular occasion I could not have remembred the time so exactly L. H. Stew. You give a very good token for your remembrance and my Lords hear what you have said L. Delamere Will your Grace please that the Clerk of the House of Commons may be called and examined to the Journal of that House when it was Sir Robert Cotton preferred his Petition and that will fix the time as to what Mr. Ashburnham and Sir William Twisden have said L. H. Stew. Call whom you please My Lord. L. Delamere It seems he is not ready but I hope I have given your Grace and my Lords sufficient satisfaction that Sir Robert Cotton was not there at that time that this fellow speaks of I will now go on and prove Mr. Offley was not there neither and the first Witness I call to that shall be Sir Willoughby Aston whom I desire your Grace will be pleased to hear speak in his place L. H. Stew. Well what do you say Sir Willoughby Sir W. Aston My Lord I desire to be guided in what account I shall give by the Questions that shall be asked L. H. Stew. What is it that you ask Sir Willoughby Aston L. Delamere Pray can you remember Sir Willoughby what time it was and whether about the latter end of May last or when that you know of Mr. Offley's being at your House and how long he stayed there Sir W. Aston I can give an account of his Motion for ten days together but that perhaps may be more than is necessary L. H. Stew. It will not be improper Sir for you to give as exact and partiular account as you can of the times Sir W. Aston If your Grace please I will do it L. H. Stew. Pray do Sir Sir W. Aston Upon the 26 th of May which was Tuesday at night Mr. Offley and his Lady and some of their Relations came to my House upon Wednesday the 27 th of May Mr. Offley was so sick that he kept his Chamber and his Bed all day upon the 28 th of May which was Thursday he was so ill that he kept his Chamber all day and rose about five at night and I then waited upon him and sate with him 3 hours in his dressing room on Friday the 29 th of May he went to Church that day was employed a great part in Devotion upon the 30 th of May which was Saturday Mr. Offley and his Lady went and a great part of my Family went with them to one Mr. Pickerings six miles off my house there they dined and returned at night to my House upon Sunday the 31 th of May I have a particular remark whereby I remember that Mr. Offley went to visit Mr. Needham upon Monday the first of June Mrs. Offley and the Women of my Family went to visit my Lady Brooks but Mr. Offley not being well staid at home On Tuesday the second of June he was still at my house there was a great deal of Company there and he was in the Company all the day long On Wednesday the 3 d I fell sick in the Morning about 4 of the Clock but Mr. Offley was in the house all the morning but in the afternoon he went to make a visit two miles from my house at a place called the Ware-house where the Ships ride at Anchor and upon Thursday morning which was the 4 th of June he went from my House Now if your Lordship desire to know any thing about any particular time about this Compass I 'le give you the best account I can L. H. Stew. Can you tell where he went when he went from your House Sir W. Aston He went directly home as he said L. H. Stew. Did you hear at any time that he stay'd by the way between his going from you and coming to his own House Sir W. Aston My Son went with him two or three Miles of his way and I heard that at Middle-wich he staid to speak with some of the Militia Officers that he met with by the way there at a Muster and afterwards went directly home L. H. Stew. Pray is the usual way from his house to yours by my Lord Delamere's Sir W. Aston No My Lord directly another way L. H. Stew. Will you ask Sir Willoughby Aston any more Questions L. Delamere No My Lord. Mr. Att. Gen. If your Grace please I would ask Sir Willoughby Aston one question Sir I desire to know how far it is from your house to my Lord Delamere's Sir W. Aston Sir It is about 11 Miles L. H. Stew. 11 Miles you say Sir Sir W. Aston Yes My Lord 11 of those Northern miles L. Delamere My Lord I have some more witnesses to examine to this point L. H. Stew. Call whom you please My Lord L. Delamere I call Mr. Gregory next My Lord who appeared Pray give my Lord an account when Mr. Offley went from Sir Willoughby Aston's last Summer and whither he went Gregory My Lord my Master went from Sir Willoughby Aston's House L. H. Stew. Who is your Master Gregory Mr. Offley My Lord. It was upon the 4 th of June at 9 of the Clock in the morning and went from thence to Middlewich and was at home at his own house about 5 of the Clock in the Evening as I was told for I did not go directly home with him L. H. Stew. Was he at Mere that day at my Lord Delamere's Gregory No not that I know of I was not with him L. Delamere Then pray call Thomas Kidd who appeared Pray were you that day with Mr. Offley when he went from Sir Willoughby Aston's Kidd Yes My Lord I was L. Delamere What day was it Kidd The 4 th of June L. Delamere Then whither went he Kidd He went the direct Road to his own House I never parted from him nor did he
would perform his Commands he told me he would be glad I did return as soon as I could for England and that this should be the Message I should carry to Wildman in answer to the Message he had sent him That he would come for England and he should either fight with him or hang with him and that was all he had to say to him I was coming away from him but he stopped me and told me he would not have me go out of Town till he had spoke with me again this was upon the Sunday accordingly I did go in the Evening to him and when I came he told me he would have me stay till Tuesday Morning for he was going out of Town and intended to be back again at that time but if not I should receive from my Lord Gray what he had to say to me He did not come upon the Tuesday but my Lord Gray did come and I think to the best of my remembrance Mr. Crag was with me he told me all he had to say was That the Duke intended to be in England within Nine days and that upon the Thursday seven-night after I came away the Duke would be in England and he bid me to remember to tell Brand that when he heard the Duke was landed he should acquaint Sir Robert Payton with it but not till he was landed for tho they did think that he would join with them when the thing was begun yet they ought to be careful who it was communicated to for fear it should be discovered and disappointed this was all that I had in command from my Lord Gray I came to Rotterdam and dispatch'd my business there and would have come away but it happened there were no Ships coming for England nor would there be any in a Fortnights time thereupon I returned to Amsterdam when I came back I went to see the Duke to give him an account how it happened that I was not gone for England the Duke told me he was glad I was not gone for now he had a further Message for me to carry and he would have me stay 2 or 3 days in Town for it I staid three days and came again to him but he told me he was not ready for me yet then I stayed two or three days longer till the 21 st of May to the best of my remembrance it was upon a Thursday that he gave me the Message that I was to bring into England I came to him in the Morning and he told me I should come to him upon the Evening of that day and when I came there was a Paper lay before him on the Table and he took the Paper and sealed it up I cannot say he wrote all that was in that Paper but the Paper that lay before him was not finished when I came in and that he did not write while I was there I am sure but he took it up and sealed it before me and when he had sealed the Paper he told me I must assoon as I came for London see for Captain Matthews Sir Thomas Armstrong's Son in Law who lodged at Mr. Blake's in Covent-Garden and desire him to acquaint my Lord Macclesfield my Lord Brandon and my Lord Delamere with his design of coming for England and that he was resolved to set out upon the Saturday Morning after I came away which was upon the Friday he told me Captain Matthews was to send one Post to that place that was named in the Note to receive Intelligence of his landing and that should be brought to his Friends here immediately he designed should be 24 Hours before the Court had notice of it in Town and those Lords were to be in readiness that as soon as they knew he was landed they might repair to their several Posts to assist him I told him that I would deliver what Message he gave me and asked him what I was to do with the Paper he put into my hands thereupon as near as I remember he used these expressions to me I do by you as Princes do by their Admirals when they send them out upon any considerable expedition which requires secrecy in the management of it they have their Commission delivered to them sealed up which they are not to break open till they are at Sea So here I deliver you your Instructions sealed up which you are not to open till you are at Sea and when you have opened them and read what is contained in them I would have you tear the Paper and throw it into the Sea or otherwise dispose of it lest you be surprized and searched at your landing and my Papers found about you My Lord I asked him because I would be as punctual in my Message as I could what those Lords were to do when they came out of Town whether they should come directly to him or no he told me no not that but they should go into the Countrey and secure their Interest for him there I asked him then if Captain Matthews be out of the way and I be disappointed of meeting with him shall I deliver this Message to the Lords my self he told me no by no means for those Lords were Persons of Quality and that that was not a thing to be done by me what shall I then do my Lord said I if Captain Matthews be out of the way you need not question that saith he but if you meet not with Matthews speak to Wildman My Lord with these instructions and this as near as I can remember is the Sum of all he said to me I came away and came to Sea when I was out at Sea I broke open the Letter that I had given me by the Duke and I will tell you as near as I can what were the Contents of it there was written in it to this Effect TAUNTON in Somersetshire is the place to which all are to resort the Persons to be acquainted with the time of landing are the Lord Macclesfield the Lord Brandon and the Lord Delamere the place to send the Coach to is to Taunton to Mr. Savages House at the Red Lyon the place where the Post was appointed to return was Captain Matthews Lodging at Mr. Blake 's and he was to receive the message or if he did not he was to appoint one that should receive it or if it were to return to any other place that was left to him to do as he thought fit And this was all as near as I can remember when I had seen this I came to London and being very weary and tired when I came home I went to Bed Mr. Att. Gen. Pray tell the Court as near as you can what day it was you came Jones I came out of Holland the 22 d of May I came home the 27 th and looking upon my Almanack I find that it was the Wednesday Fortnight before the Duke landed that I came when I was come home I sent for Mr. Disney and
stop any where till he came to Middle-wich where the Countrey Militia were exercising and he just alighted off his Horse and spoke with Major Minshaw and some of the Officers but never so much as drunk by the way till he came to his own house L. H. Stew. What to his house in Staffordshire Kidd No but to Crew-Hall in Cheshire L. H. Stew. Does Mere lye in the Road between Sir Willoughby Aston's and Crew-Hall so that your Master might be there within that time Kidd No that he could not do L. H. Stew. Were you with Mr. Offley the whole Journey home Kidd Yes My Lord I was L. H. Stew. Were you no time from him Kidd No My Lord I was not L. H. Stew. What time did he come home Kidd He came to his own house about 4 or 5 a Clock at night L. H. Stew. And did not he go from thence that night Kidd No My Lord. L. Delamere Now My Lord I will prove as to my self that I was in London at the time as he speaks of And first I desire Sir James Langham may be heard to that He appeared but gave no Evidence L. Delamere Pray call Booth who appeared L. H. Stew. What is this Gentleman's name L. Delamere He is my Brother My Lord his Name is Booth L. H. Stew. What do you ask him L. Delamere Pray can you remember what time in June you saw me in Town here Mr. Booth My Lord I saw my Brother here in Town the 3 d 4 th 5 th 6 th and so on to the 10 th of June and the 10 th of June I went out of Town my self I saw him sometimes twice or thrice a day in that time for I did not lodge above half a score doors from him L. H. Stew. Where was that Mr. Booth In great Russel Street L. H. Stew. How come you to remember the time so particularly Mr. Booth It was that day Sennight before I went out of Town which was Wednesday the 10 th of June and had it not been for that particular circumstance I had not remark'd it so much as to be able particularly to remember it Mr. Att. Gen. Pray Mr. Booth did you know of your Brothers going out of Town the 27 th of May Mr. Booth I heard he was gone out of Town about that time L. H. Stew. Why then when came he hither to Town again Mr. Booth I cannot tell but I saw him upon the 3 d of June in the Evening Mr. Att. Gen. My Lord it is not possible for him so to do in that time if he rode Post L. H. Stew. He did make a great deal of haste backward and forward that is certain L. Delamere My Brother does not know when I went but as he heard he says L. H. Stew. But pray my Lord mind the Objection that has been made for it carries a great deal of weight in it It is plainly proved by two Witnesses that you went out of Town the 27 th of May at 9 of the Clock at night and rode to Hoddesdon and the next day came to Hitchin about Noon then they left you and return'd back again to London that Night and you told them you were going to see a sick Child of yours in Cheshire how came you to make such Post-haste back again that he should see you here in London the 3 d of June Mr. Booth My Lord I am certain I saw him that day in the Evening and so on to the 10 th L. H. Stew. Did my Lord then tell you how your Friends did in Cheshire Mr. Booth I cannot remember the particular discourse we had Mr. Att. Gen. Pray Sir when did he tell you he came to Town L. H. Stew. You say you used to see him every day once or twice a day Mr. Booth Yes I did so L. H. Stew. Pray where was he the 2 d of June Mr. Booth He was not come to Town L. H. Stew. How long time was it before that that you had not seen him Mr. Booth I had not seen him of several days before L. Delamere If it please your Grace here is another Brother of mine that saw me at the same time and tho' he be my Brother I hope he is a good Witness L. H. Stew. Ay God forbid else what is his name L. Delamare George Booth L. H. Stew. Well what say you Sir Mr. George Booth My Lord I saw my Brother Delamere here in Town the 4 th of June by this particular circumstance which I cannot err in that the next day as I take it I went down with him to the House of Lords to hear my Lord Macclesfield's Cause which was then there to be heard upon the Appeal of Mr. Fitton and my Brother was in the House of Lords at that time which was the 5 th of June L. H. Stew. My Lord Delamere I think it not amiss to put you in mind of one thing which it is fit your Lordship should give some answer to Does your Lordship deny that you went out of Town the 27 th of May L. Delamere No My Lord I do not I acknowledge I did so L. H. Stew. Then it will be fit for you to give an account where you were the 28 th of May and so all along till the 3 d of June L. Delamere If you Grace please I hope I shall give you full satisfaction in that by and by but I have one witness more to this point of my being in Town at such a time that I could not be in Cheshire when this Fellow says I was and that is my Lord Lovelace L. H. Stew. There is my Lord Lovelace what will you ask him L. Delamere Whether he did not see me at the Tryal of my Lord Macclesfield in the House of Lords L. Lovelace I vvas in the House of Lords that day that my Lord Macclesfield's Tryal was and I remember I did see my Lord Delamere there L. H. Stew. But we are as much at a loss now as ever we were for what day that Tryal was does not appear What day was my Lord Macclesfield's Tryal L. Delamere The Journal of the House of Lords proves that to be the 5 th of June L. Lovelace My Lord stood just by the Bar and if I am not mistaken took notes L. Delamere My Lord I hope now I have satisfied your Grace and the rest of my Lords that none of us three whom this fellow has mentioned were there at that time at Mere when he says we were For my own part I do positively affirm and I speak it as in the presence of Almighty God that I have not seen Sir Robert Cotton at my house that I know of these many years and I believe Mr. Ossley was never in my House since I was Master of it And I do likewise protest that to my knowledge I never saw the face of this Man till now that be is produced as a witness against me I am sure I never spoke with him