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 â—â—w the Child decline and therefore I was of Opinion that he shoâ—â—d be weaned and I sent up word that if they did not take carâ— 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 â—â—r London and I have Letters by me that are dated the 4 th of â—â—â—e which was Thursday that told me my Lord was come to Town â—â—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.
I DO appoint Dorman Newman to Print the Tryal of Henry Baron Delamere and order that no other Person presume to Print the same March 20. 1685 6 Jeffreys Canc. THE TRYAL OF HENRY Baron Delamere FOR HIGH-TREASON In WESTMINSTER-HALL the 14 th 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 LONDON Printed for Dorman Newman at the Kings Arms in the Poultry MDCLXXXVI THE TRYAL OF HENRY Baron of Delamere Die Jovis xiv to Januarii 1685. Cl. of Cr. SErgeant at Arms Make Proclamation Serj. at Arm. O yes O yes O yes My Lord High Steward of England his Grace doth straightly charge and command all manner of persons to keep silence and to give ear to the King's Majesty's Commission to his Grace my Lord High Steward of England upon pain of Imprisonment Then the Commission was read his Grace and all the Peers standing up bare-headed Then the Staff being carried between Garter King at Arms and the Gentleman Usher of the Black Rod was with three reverences delivered upon the knee to his Grace and by him re-delivered to the Gentleman Usher of the Black Rod to hold during the Service Cl. of Cr. Serjeant at Arms Make Proclamation Serg. at Arm. O yes His Grace my Lord High Steward of England doth straightly charge and command all manner of persons here present except Peers Privy Councellors and the reverend Judges now assistant to be uncovered Cl. of Cr. Make Proclamation Serg. at Arms. O Yes My Lord High Steward of England his Grace straightly chargeth and commandeth all Justices Commissioners and all and every other person and persons to whom any Writ or Precept has been directed for the certifying of any Indictment or Record before his Grace my Lord High Steward of England That they do certifie and bring in the same forthwith according to the Tenor of the same Writ and Precept to them or any of them directed upon Pain and Peril shall fall thereon Then Sir Edward Lutwich one of his Majesty's Sergeants at Law and Chief Justice of Chester delivered in his Writ and Return at the Clerks Table The Writ of Certiorari and the Return thereof were read in haec verba L. H. Steward Call the Lieutenant of the Tower to return his Precept and bring his Prisoner to the Bar. Cl. of Cr. Make proclamation Serg. at Arms. Lieutenant of the Tower of London return thy Writ and Precept to thee directed together with the Body of Henry Baron of Delamere thy Prisoner forthwith upon Pain and Peril shall fall thereon The Prisoner was brought to the Bar by the Lieutenant of the Tower The Writ and Return thereof together with his Grace's Precept and the Return thereof were read in haec verba Cl. of Cr. Make proclamation Serg. at Arms. Sir Roger Harsnet Knight Sergeant at Arms to our Sovereign Lord the King return the Precept to thee directed together with the Names of all the Lords and Noblemen of this Realm of England Peers of Henry Baron of Delamere by thee summoned forthwith upon Pain and Peril shall fall thereon The Sergeant at Arms delivered in his Precept and Return at the Clerks Table L. H. Steward Read the Precept and the Return They were read in haec verba Cl. of Cr. Make an O Yes Serg. at Arms. O Yes All Dukes Earls Viscounts and Barons of this Realm of England Peers of Henry Baron of Delamere who by Commandment of my Lord High Steward of England His Grace were summoned to appear here this Day and are now present in Court answer to your Names upon Pain and Perii will fall thereon The Peers summoned were called over and those that appeared standing up uncovered answered to their Names each making a Reverence to the Lord High Steward Cl. of Cr. Laurence Earl of Rochester Lord High Treasurer of England L. H. Treas Here. Cl. of Cr. Robert Earl of Sunderland Lord President of his Majesty's Privy Council Lord Presid Here. Cl. of Cr. Henry Duke of Norfolk Earl Marshal of England D. of Norf. Here. Cl. of Cr. James Duke of Ormond Lord Steward of his Majesty's Houshold He did not appear Cl. of Cr. Charles Duke of Somerset D. of Som. Here. Cl. of Cr. Christopher Duke of Albermarle He did not appear Cl. of Cr. Henry Duke of Grafton D. of Graft Here. Cl. of the Cr. Henry Duke of Beaufort Lord President of Wales D. of Beauf. Here. Cl. of Cr. John Earl of Mulgrave Lord Chamberlain of his Majesty's Houshold E. of Mulg Here. Cl. of Cr. Aubery Earl of Oxford E. of Oxf. Here. Cl. of Cr. Charles Earl of Shrewsbury E. of Shrews Here. Cl. of Cr. Theophilus Earl of Huntingdon E. of Hunt Here. Cl. of Cr. Thomas Earl of Pembroke E. of Pemb. Here. Cl. of Cr. John Earl of Bridgwater E. of Bridgw Here. Cl. of Cr. Henry Earl of Peterborow E. of Peterb Here. Cl. of Cr. Robert Earl of Scarsdale E. of Scarsd Here. Cl. of Cr. William Earl of Craven E. of Craven Here. Cl. of Cr. Richard Earl of Burlington He did not appear Cl. of Cr. Louis Earl of Feversham E. of Feversh Here. Cl. of Cr. George Earl of Berkeley E. of Berk. Here. Cl. of Cr. Daniel Earl of Nottingham E. of Notting Here. Cl. of Cr. Thomas Earl of Plimouth E. of Plim Here. Cl. of Cr. Thomas Viscount Falconberge L. Falconberge Here. Cl. of Cr. Francis Viscount Newport Treasurer of his Majesty's Houshold L. Newport Here. Cl. of Cr. Robert Lord Ferrers L. Ferrers Here. Cl. of Cr. Vere Essex Lord Cromwell L. Cromwell Here. Cl. of Cr. William Lord Maynard Comptroller of his Majesty's Houshold L. Maynard Here. Cl. of Cr. George Lord Dartmouth Master General of his Majesty's Ordnance L. Dartmouth Here. Cl. of Cr. Sidney Lord Godolphin L. Godolphin Here. Cl. of Cr. John Lord Churchill L. Churchill Here. Then his Grace the Lord High Steward addressed himself to the Lord Delamere the Prisoner at the Bar in this Manner L. H. Steward My Lord Delamere the King being acquainted that you stand accused of High Treason not by common Report or Hearsay but by a Bill of Indictment found against you by Gentlemen of great Quality and known Integrity within the County Palatine of Chester the place of your Residence has thought it necessary in Tenderness to you as well as Justice to himself to order you a speedy Tryal My Lord if you know your self innocent in the name of God do not despond for you may be assured of a fair and patient hearing and in your proper time a free Liberty to make your full Defence and I am sure you cannot but be well convinced that my Noble Lords that are here your Peers to try you will be as desirous and ready to acquit you if you appear to be innocent as they will to
convict you if you be guilty But my Lord if you are conscious to your self that you are guilty of this heinous Crime give Glory to God make amends to his Vicegerent the King by a plain and full discovery of your Guilt and do not by an obstinate persisting in the Denial of it provoke the just indignation of your Prince who has made it appear to the World that his Inclinations are rather to shew Mercy than inflict Punishments My Lord attend with patience and hear the Bill of Indictment that hath been found against you read Read the Bill of Indictment to my Lord. Cl. of Cr. Henry Baron of Delamere Hold up thy hand L. Delamere My Lord I humbly beg your Grace would please to answer me one Question whether a Peer of England be obliged by the Laws of this Land to hold up his hand at the Bar as a Commoner must do and I ask your Grace this question the rather because in my Lord Stafford's Case it was allowed to be the priviledge of the Peers not to hold up their hands L. H. Steward My Lords this being a matter of the priviledge of the Peerage it is not fit for me to determine it one way or th' other but I think I may acquaint your Lordships that in point of Law if you are satisfied this is the Person indicted the holding or not holding up of the hand is but a Formality which does not signifie much either way L. Delamere I humbly pray your Grace's direction in one thing farther whether I must address my self to your Grace when I would speak or to your Grace with the rest of these Noble Lords my Peers L. H. Steward You must direct what you have to say to me my Lord. L. Delamere I beg your Grace would please to satisfie me whether your Grace be one of my Judges in concurrence with the rest of the Lords L. H. Steward No my Lord I am Judge of the Court but I am none of your Tryers Go on Cl. of Cr. HEnry Baron of Delamere thou standest Indicted in the County Palatine of Chester by the name of Henry Baron of Delamere of Mere in the said County of Chester For that thou as a false Traytor against the most Illustrious and most Excellent Prince James the Second by the Grace of God of England Scotland France and Ireland King thy natural Lord not having the fear of God in thy Heart nor weighing the duty of thy Allegiance but being moved and seduced by the Instigation of the Devil the cordial Love and true due and natural Obedience which a true and faithful Subject of our said Lord the King towards him our said Lord the King should and of right to bear wholly withdrawing and contriving practising and with all thy might intending the Peace and common Tranquillity of this Kingdom of England to disquiet molest and disturb and War and Rebellion against our said Lord the King within this Kingdom of England to stirr up move and procure and the Government of our said Lord the King of this Kingdom of England to subvert change and alter and our said Lord the King from the Title Honour and Kingly Name of the Imperial Crown of his Kingdom of England to depose and deprive and our said Lord the King to Death and final Destruction to bring and put the fourteenth day of April in the first Year of the Reign of our said Lord James the Second now King of England c. and divers other days and times as well before as after at Mere in the County of Chester aforesaid falsely maliciously devilishly and traiterously with divers others false Traytors and Rebels to the Jurors unknown didst conspire compass imagine and intend our said Lord the King thy supreme true and natural Lord not only from the Kingly State Title Power and Government of his Kingdom of England to deprive and cast down but also the same our Lord the King to kill and to Death to bring and put and the antient Government of this Kingdom of England to change alter and wholly to subvert and a miserable slaughter among the Subjects of our said Lord the King throughout his whole Kingdom of England to cause and procure and Insurrection and Rebellion against our said Lord the King within this Kingdom of England to procure and assist and the same thy most wicked most impious and devilish Treasons and traiterous compassing Imaginations and purposes aforesaid to fulfil and bring to effect thou the said Henry Baron of Delamere as a false Traytor then and there to wit the said fourteenth day of April in the first year abovesaid and divers other days and times as well before as after at Mere aforesaid in the County aforesaid falsly unlawfully wickedly and traiterously with Charles Gerrard Esq and other false Traytors to the Jurors unknown didst assemble thy self gather together consult and agree to raise and procure divers great summs of Money and a great number of armed men War and Rebellion within this Kingdom of England to levy and make and the City of Chester in the County of the same City as also the Castle of our said Lord the King of Chester at Chester in the County of Chester aforesaid and all the Magazines in the same Castle then being to enter take seize and surprise and into thy possession and power to obtain and that thou the said Henry Baron of Delamere afterwards to wit the 27th day of May in the first Year abovesaid falsely unlawfully wickedly and traiterously didst take a Journey from the City of London unto Mere aforesaid in the County of Chester aforesaid thy traiterous purposes aforesaid to fulfil and perfect And that thou the said Henry Baron of Delamere afterwards to wit the fourth day of June in the first Year abovesaid at Mere aforesaid in the County of Chester aforesaid in further prosecution of thy unlawful most wicked and traiterous purposes aforesaid divers Liege People and Subjects of our said Lord the King to the Jurors unknown with thee the said Henry Baron of Delamere and the aforesaid other false Traytors to the Jurors unknown falsely unlawfully and traiterously in the War and Rebellion aforesaid and in thy traiterous purposes aforesaid to join and adhere didst excite animate and perswade against the duty of thy Allegiance against the Peace of our said Lord the King that now is his Crown and Dignity and against the form of the Statute in that case made and provided How say'st thou Henry Baron of Delamere art thou Guilty of this High Treason whereof thou standest Indicted and hast been now Arraigned or not Guilty L. Delamere My Lord I humbly beg the Indictment may be read again L. H. Steward Let it be read again Which was done L. Delamere May it please your Grace I humbly beg the favour to be heard a few words before I plead to this Indictment L. H. Steward My Lord Delamere I am very unwilling to give your Lordship any interruption but
according to the Methods of Law which must be observed in your Case as well as all others You must plead to the Indictment before you be heard to any thing else L. Delamere May it please your Grace I have something to offer to your Grace's and their Lordships consideration which is a matter of Law L. H. Steward I know not what matter of Law you have to offer If you have a mind to demur to the Indictment you may L. Delamere Will your Grace please to hear what I have to say and then I shall submit it to your Grace's Judgment L. H. Steward I would hear what you have to say my Lord with all my heart if I could But I must then pass by all the Forms and usual Methods of proceeding and that without any advantage to you too and that I suppose your Lordship will not desire of me Ask my Lord Whether he be guilty or not guilty Cl. of Cr. How sayst thou Henry Baron of Delamere Art thou guilty of this High Treason whereof thou hast been indicted or not guilty L. Delamere I beseech your Grace to hear me what I have to say I shall not detain your Grace very long but I beg your Grace to hear me L. H. Steward My Lord Delamere I must keep you to the known Rules and Methods of Law This is not your time to speak but to plead in your proper time you shall be fully heard whatsoever you have to say L. Delamere If your Grace please I have something to say which concerns all the Peers of England in point of Right L. H. Steward My Lord you must either plead or demur to this Indictment that is the usual Practice before any thing else can be done L. Delamere My Lord I have a Plea to offer to your Grace and my Lords and it is with reference to the Priviledg and Right of the Peers of England L. H. Steward If you have any Plea to offer it must be received my Lord. L. Delamere My Lord amidst the hardships I have lain under by my frequent Imprisonments and close Confinement L. H. Steward My Lord Delamere You must keep up to the Legal Method of Proceedings In Cases of this nature I would as far is possible for me to do indulge a Person of your Quality and in your condition but withal I must do right to the Court and not permit any Breach to be made upon the Legal Course of Proceedings You must plead or demurr to the Indictment before you are heard to say any thing L. Delamere Will your Grace be pleased to hear me tell you my Reasons why I offer you a Plea of this nature to the Indictment L. H. Steward My Lord if you have any Plea put it in L. Delamere Will your Grace be pleas'd to accept it as I have done it It may be it is not so formal because I have had no Councel allowed me to peruse and sign it But as it is I here offer it to your Grace's consideration L. H. Steward Ay put it in Then it was delivered to the Clerk L. H. Steward Read it Cl. of Cr. The humble Plea of Henry Lord Delamere to the Indictment of High Treason against him now to be tryed by the Lord High Steward and Peers here assembled THE said Lord Delamere saving to himself all benefit of Advantage of any further or other matter of exception to the Generality Incertainty or Insufficiency of the said Indictment and all matters and things which do or may concern the same for Plea hereunto saith That he was by his Majesty's Writ Summoned to this present Parliament which began the Nineteenth Day of May last and attended his Duty there as a Peer of this Realm That for High Treason supposed to be committed by him during the Sitting of the same Parliament he was the Twenty sixth Day of July last committed by Warrant of the Earl of Sunderland one of his Majesty's Principal Secretaries of State to the Tower of London That the Peers in Parliament assembled taking Notice by his Petition of the Ninth of November last of his being absent from his Attendance in Parliament sent a Message to his Majesty to know the reason why he the said Henry Lord Delamere a Peer of that House was absent from his Attendance there Upon the Tenth Day of November last the Lord Treasurer reported his Majesty's Answer to the said Message viz. That the said Lord Delamere was absent from his Attendance in Parliament because he stood committed for High Treason for levying War against the King this last Summer testifyed upon Oath and that his Majesty had given directions that he should be proceeded against with all speed according to Law The House of Peers not being satisfied with this Answer the Debate thereof was adjourn'd till the Monday morning following On which Day the Lords resuming the Debate concerning the Lord Delamere and the King's Message after some Debate the Lord Chancellour by his Majesty's Command gave the House an account what Proceedings had been against the Lord Delamere since his Majesty's Answer to their Address concerning his absence from the House which was to this Effect That the King had given Order for a speedy Prosecution of him That the Treason whereof he was accused was committed in Cheshire and that being a County Palatine the Prosecution ought to be there and not in the King's Bench as it might be if the Treason had been committed in another County and that therefore his Majesty had given Order for a Commission of Oyer and Terminer into Cheshire in order to the finding of an Indictment against him for the said Treason And that accordingly a Commission of Oyer and Terminer was already sealed and if the Indictment be not found before the end of the Term the said Lord Delamere's Prayer being entred in the Kings's Bench he should be Bailed All which Proceedings do more fully appear in the Journals of the said House of Peers to which the said Henry Lord Delamere doth refer himself Afterwards that is to say upon the 〈◊〉 Day of 〈◊〉 the said Parliament was Prorogued by his Majesty unto the Tenth Day of February next as by the said Journals it doth also appear Upon all which Matters the said Henry Lord Delamere doth humbly tender this his Plea to the Jurisdiction of your Lordships in this Cause and doth humbly conceive your Lordships ought not to proceed in the Tryal of him upon the Indictment of High Treason now before you And that for these following Reasons First Inasmuch as it appears by the said Petition of the said Henry Lord Delamere and the several Orders of the Lords and the King's Answers to the Message of the Lords thereupon That the said House are already possessed of his said Cause which is for the same supposed Treason for which he was at first committed and which is the same Treason for which he now stands indicted before your Lordships And for this Reason your Lordships as
care that no injury be done to the Law and truly I take this Plea to be altogether dilatory and I suppose your Lordship is satisfied of it and will not insist upon it L. Delamere If your Grace please It was alledged and agreed in the Case of my Lord of Bristol that the Cause of a Peer in time of Parliament properly belong'd only to the House of Lords And that which possessed the House of Lords of his Case was as I apprehend no more than is in my Case a petition upon the account of being absent and there the Lords claim the cognizance of the whole Cause and nothing was done but in the House of Lords And as to the Instances your Grace has mentioned of my Lord Cornwallis and there was another of them my Lord Morley this Question was never under Debate in those Cases therefore I suppose they cannot be admitted as Precedents L. H. Steward But my Lord it would have been an Errour in the whole Proceedings if this Court had not Jurisdiction And sure the Judges who are always called to assist in such Cases and who in matters of life even in the Cases of common persons are so tender and careful that there be no irregularity in the Proceedings would not have let things pass in that manner had they been erroneous L. Delamere My Lord I think no other Precedents are produced but those two and there the Question was never debated L. H. Steward I only put you in mind of those that were lately within memory but no question of it there are a great many more Instances to be given Mr. Attor Gen. I pray your Grace's Judgment to over-rule the Plea and that my Lord may plead in chief L. Delamere I hope your Grace will be pleased to assign me Councel to put my Plea in Form and that I may have time for it that they may be heard to make a solemn Argument in Law L. H. Steward My Lord if you insist upon it and think it worth the while to have Councel heard we will hear them L. Delamere I submit it to your Grace I only offer it that I may not be wanting to the support of the Peers Priviledges I assure your Grace I speak not to put off the Cause for I am willing to come to my Tryal and I have reason so to be for I question not but to make my innocence appear L. H. Steward My Lord I tell you what my opinion of the Plea is but if you insist upon it to have your Councel heard I will hear them L. Delamere I have no Councel here if your Grace please to give me time to send for them and that they may prepare to argue it Mr. Attor Gen. No my Lord If your Grace will hear Councel I for the King must pray that it may be done presently for a Plea to the Jurisdiction is never favoured nor is the party to be allowed time to maintain it but he must be ready at the time it is offered L. Delamere Pray My Lord how was it done in the Case of Fitz-Harris his Plea was a Plea to the Jurisdiction and he had four days allowed him to put his Plea in form and to instruct his Councel L. H. Steward I am not able at present to remember what was done in such or such a particular Case But according to the general method and course of Law the Plea to the Jurisdiction is not favoured nor time allowed to it but the party must be ready to maintain it presently Mr. Attorn Gen. But with Submission my Lord That Case of Fitz Harris is nothing to this Noble Lord's Case neither There was a formal Plea put in in Writing and drawn up in Latine and a formal Demurrer joined and thereupon I did take time to speak to it But with your Grace's favour by the Law the Prisoner must be always ready to make good his Plea if he will oust the Court of their Jurisdiction L. H. Steward Mr. Attorney If my Lord Delamere does insist upon having his Councel heard it is not fit for me to refuse hearing what they can say Mr. Attor Gen. But that must be presently then My Lord. L. Delamere It is my Duty my Lord to submit to what your Grace and my noble Lords shall determine I would insist upon nothing that should offend your Grace or them Mr. Att. Gen. If your Grace pleases You are the only Judge in this Case in Matters of Law For these Noble Lords the Peers are only Tryers of the Fact Therefore I appeal to your Grace's Judgment and pray for the King that this Plea may be over-ruled it being vitious and naught both in Form and Substance Lord H. Steward My Lord Delamere I must acquaint you That according to the Constitution of this Court Matters of Law are determined by Me as the sole Judge while I have the Honour to act under this Commission But if your Lordship insist upon it to have your Councel heard God forbid that I should deny it You. I will hear what your Councel will say and afterwards I will according to the best of my Understanding deliver my Judgment Lord Delamere My Lord I have never had any Councel assigned me Lord H. Steward My Lord If You have any Councel ready we will Hear them Lord Delamere If your Grace please to assign me Councel and give me Time to send for them and them Time to prepare I will obey your Grace's Directions but I could have none here ready because none were assigned me Lord H. Steward My Lord You cannot by the Course of Law have Councel allowed You in the Case of a Capital Crime till such time as the Court where You are called to Answer is apprized that there is some Matter of Law in your Case that may need Councel to be heard to Inform their Judgment and which they may think convenient to hear Councel to For if in case any Prisoner at the Barr shall before-hand be allowed to have Councel to start frivolous Objections such as this and we all know that there are some who will be easily prevailed with to endeavour to pick Holes where there are none and to offer Matters foreign from the things whereof the Party stands accused and upon the Prisoner's bare Request Councel must be heard to every trivial Point the Courts of Law would never be at an end in any Tryal but some dilatory Matter or other would be found to retard the Proceedings But it does not consist with the Grandeur of the Court nor your Lordship's Interest to let such a frivolous Plea interrupt your Lordship's Tryal However if your Lordship has Councel ready I will not refuse to hear them Lord Delamere My Lord I hope the Priviledge of the Peers of England is not frivolous I assure your Grace I do not offer this Matter as if I thought it more conducing to my Interest than my Tryal now No my Lord it is not for my self but for the
an entire Confidence in your Resolution Fidelity and good Affections to Him that You will not by reason of the Prisoner's Quality and nearness to You as being a Peer of this Realm acquit him if he shall appear to be Guilty My Lords I have one thing further to mind your Lordship 's of That according to the usual Forms of Proceedings in these Cases if your Lordship's have any Questions to propound wherein You would be satisfied as to any Matter either of Fact or Law your Lordships will be pleased to put those Questions to Me and I shall take care to give your Lordships the best Satisfaction I can Lord Delamere My Lord High Steward I beg the Favour of your Grace I may have One to write for me Lord H. Steward Ay by all means Let my Lord have whom he pleases to write for him Then Sir Thomas Jenner One of His Majesty's Serjeants at Law and Recorder of the City of London opened the Indictment thus Mr. Recorder May it please your Grace my Lord High Steward of England and You my Noble Lords the Peers of the Prisoner at the Barr Henry Baron of Delamere the Prisoner at the Barr stands indicted for that He as a False Traytor against the most Illustrious and most Excellent Prince our-Soveraign Lord the King that now is not having the Fear of God in his Heart nor weighing the Duty of his Allegiance the Fourteenth Day of April last at Meer in the County of Chester did maliciously Conspire with other False Traytors to the Jurors unknown the Death and Deposing of the King And for the better and more effectual fulfilling of those his Treasons the said Fourteenth Day of April at Meer afore-said did Maliciously and Trayterously Assemble Consult and Agree with Charles Gerrard Esq and other False Traytors to Raise great Summs of Money and procure Numbers of Armed Men to make a Rebellion against the King and the City and Castle of Chester to seize with the Magazines there And that afterwards the Twenty-Seventh Day of May last he took a Journey from London to Meer aforesaid to accomplish his Treasonable Intentions And further That upon the Fourth Day of June in further Prosecution of his Trayterous Purposes at Meer aforesaid he did encite divers Subjects of our Lord the King to joyn with him and other false Traytors in his Treason And this is laid to be against the Duty of his Allegiance against the Peace of our Soveraign Lord the King his Crown and Dignity and against the Form of the Statute in that Case made and provided To this Indictment may it please your Grace and the rest of these Noble Lords my Lord Delamere the Prisoner at the Barr has Pleaded Not Guilty and for his Tryal has put himself upon his Peers We shall therefore call our Witnesses for the King and if We prove him Guilty We do not question but your Lordships will find him so Mr. Att. Gen. May it please your Grace my Lord High Steward of England and You my Noble Lords the Peers My Lord Delamere the Prisoner at the Barr stands Indicted for Conspiring the Death of His Majesty and in order thereunto to Raise a Rebellion in the Kingdom My Lords In proving this Charge upon him we crave Leave to give your Grace and your Lordships some short Account by Witnesses that we have here of a former Design that was previous to this Matter for which this Noble Lord stands here accused And We shall not trouble your Grace and your Lordships with any long Evidence because it has received many solemn and repeated Tryals and as to the Proof of it has been Confirmed by as many Verdicts But We do it rather to give some Account as an Introduction to a Material Evidence by shewing That Cheshire which was the Province of this Noble Lord was One of the Stages where that Rebellion was principally to be acted and that preparatory to it great Riotous Assemblies and Tumultuous Gatherings of the People were set on foot by the Conspirators We shall then shew my Lords That after the late Duke of Monmouth the Head of the Conspiracy went beyond Sea especially after the Death of the late King frequent Messages and Intercourse of Correspondency were sent and held between him and the rest of his Accomplices abroad and their Fellow Conspirators here at home And particularly We shall prove That a little before the Rebels came over last Summer into the West the Duke of Monmouth did dispatch one Jones who was one of the most considerable Agents in this Contrivance to come from Holland into England to let his Friends know that though he had intended to go into Scotland and begin his Work there yet now his Resolutions were for England where he hoped his Friends would be prepared for him And with this Message and Resolution of his Jones was to acquaint some Lords who they were the Witness will tell your Lordships but among others this Noble Lord the Prisoner was one And to acquaint them besides That he would immediately set sayl for England whither he would come so soon as he could get That he had a Design to have Landed in Cheshire where he expected to be most readily receiv'd but finding That inconvenient they should have notice Four or Five Days before-hand of the Place of his Landing which he intended should be in the West And among the Directions that Jones had to give to those Lords one was That they should immediately repair into Cheshire there to wait for the News These Instructions Jones had given him in Writing but Sealed up with an Injunction not to open them till he came to Sea and then he was to peruse that Writing and deliver his Message according to his Instructions And in that Writing was the Name of this Noble Lord as one that was principally relyed on to carry on the Rebellion in Cheshire And We shall give You an Account That the late Duke of Monmouth did look upon Cheshire as one of his main Supports and upon my Lord Delamere as a Principal Assistant There My Lords This Message was Jones to communicate to Captain Mathews and Captain Mathews was to transmit it to this Noble Lord and the other Persons that were concern'd with him Jones arrived with this Message here in England upon the Twenty-Seventh of May And I must beg your Lordships to observe the Time particularly But Captain Mathews to whom he was directed was not to be found nor Major Wildman to whom in the Absence of Captain Mathews he was to apply himself as You will hear more fully from the Witness 's own Mouth Thereupon he sends for one Disney a Name which your Lordships cannot but know he being since Executed for Treason and one Brand whom your Lordships will likewise hear of and they meet with this same Jones who communicates his Message to them and they undertake to deliver it to the Persons concern'd Captain Mathews being out of Town and Major Wildman
to withdraw from the place where he did at that time Lodge which was in Red-Lyon-Court in Fleet-street as I remember and betake himself to a private Lodging that he might be the readier for Action and to put himself into a better equipage for joyning in the enterprise he had bought himself a Horse and sent his Son into Ireland to turn all he could into ready mony and return it that he might be the better able to go through with the undertaking My Lords this was a great surprise to me for though I knew as all the rest of the World did that there were great discontents yet till then I never had any intimation of any particular design I told him I was going into the Country but should be glad to know how things went and desired him to write to me and gave him a little Cabala or Cipher to disguise the matter he was to write about and when I was in the Country I did receive several Letters which intimated something of a design that was going on and at last he writ with some warmth to me of a necessity we were under to enter into Action and of the readiness of my Correspondents for the stile of the Letters was that of Merchants for so was the Cant that I had given him But truly I was not over-hasty in my return to London because I rather chose to see what would be the Issue of what was then projected before I did intermeddle in such an Affair and so made use of all the delayes I could to retard my return and came not to Town till that week which determined the long-continued controversy in London Nay and then also avoided meeting with any body in any set-way till I could better see how things were managed and what event they would probably come to thereupon I would not go to my own House but took up my Lodging at Mile-end and lay there 3 or 4 days till the day came for confirming the new-elected Sheriffs and the election of a new Lord Mayor which as I take it is on the day before Michaelmas-day and Michaelmas-day When that day was over I could not find there was any intention of entring into any sort of Action I found indeed there were great murmurings in the mouths of all sorts of People and very angry warm speeches and nothing else So I thought the business was over for that time and thereupon away I went to my own House This my Lords was upon the Saturday as I remember Upon the Monday Morning Captain Walcot came to me and desired that he might have some private discourse with me in my Garden and there he told me My Lord Shaftsbury had withdrawn himself and that he did believe things were in a great preparation for Action I desired him to tell me what it was he answered me That he desired to be excused in that for I must go to my Lord Shaftsbury who would give me an account of the whole and withall he told me my Lord Shaftsbâ—â—â— had been much deserted and ill used by those Lords upon whose concurrence he had rely'd and that was the reason why he had withdrawn himself and kept himself so private I told him I did not know my Lord Shaftsbury had any desire to speak with me yes he said he had for he had sent him to me on purpose and he was to bring back my answer whether I would Joyn or no. I told him if my Lord desired to speak with me I would wait upon him and thereupon I went with him and he carried me to a place where my Lord Shaftsbury was retired in the City somewhere about Foster-Lane or Wood-Street at the house of one Watson When I came there after Salutation my Lord Shaftsbury began to make great reflections upon the misery and badness of the times particularly upon the issue of that great Affair the election of the Sheriffs which had ended so unfortunately to the terror of all good men For whereas before the great and sure resort of innocency was to the Integrity of our Juries when returned by fair and equal Sheriffs they looked upon the eagerness of getting those Persons Sworn that were then in Office to be a designe to intrap the innocent the elected Sheriffs being esteemed persons that would accommodate themselves to the humour of the Court and now every man must be run down for crimes that he was no way guilty of if the singer of the Court did but point him out to destruction The apprehension of this he said had made him withdraw himself not knowing how soon he might be seiz'd should he have remain'd in publick and he thought the danger was as imminent upon and likely to reach to others as well as to him and particularly to my self and therefore he said the sense of this danger ought to put every Englishman that had a value for his Country and any thing that was dear to him in it upon using his utmost endeavours to give some prevention to those calamities which were impendent over us and which threatned the destruction of all men that stood up for the rights of the people and this he said was his resolution My Lord In order to this he declared to me what Preparations had been made for the Raising of Force for this purpose he said there were eight or ten Thousand Men I cannot fix the particular number that he was well assured to have ready in the City That there had been divers Horse I think about Fourscore or an Hundred he named that about a Fortnight before had been by parcels drawn into the Town without being observed and these were in daily expectation to go into Action but through the unhandsome Disappointment of the Duke of Monmouth and the other Lords that adhered to him who were to have joyned in the Actiâ—â—â— and have set the Wheels at work in other Parts he was â—â—â—t alone to do the whole in his Province of London they being not ready to concurr according to their Engagement But as he should have the greater Danger so he should have the greater Glory and he resolved to go through with the Attempt or Perish in the Execution To all this Discourse I gave such an Answer as the nature of the thing required I told my Lord Shaftsbury I could not deny all those things to be true as he had represented them in his Discourse and that I would not distrust his Judgment so much as to suppose he would enter upon such an Affair without due deliberation of all the Circumstances requisite to it and so I would not question but there was such Preparations and that he had assurance of such a Force as he had spoke of whenever they should begin any Action But I told him something stuck with me and troubled me very much That in a time of such difficulty when the convenient Help of the Nation was all little enough to joyn in the Work he should stand by
himself and Engage in such an Enterprize in Separation from those other Lords of whose Help there would be so much need He said he could not help it they had appointed this time and that but now when it came to the push they were not ready to do their parts but the People were now in such expectation of something to be done especially in London that it was impossible to restrain them and as impossible to get those Lords ready to joyn with them I told him I was altogether unacquainted with the proceedings in this Affair and that all of it was wholly new to me But pray My Lord said I give me leave to Act that part in this business that I think will most conduce to the Successful Issue of it which is to be a Mediator between You and let me desire you to let things rest as they are till I have endeavoured to Create a better Understanding between your Lordship and those Lords of whose Tergiversation you seem to complain Upon this my Lord was in a great heat and express'd himself with great warming but at last with much ado he gave me Permission to go to the Duke of Monmouth and assure him and the rest of the Lords that were concern'd and tell them from him That if they would be ready to take the Posts that were assign'd them according to their own former Agreement and immediately enter upon Action he would joyn with them but if not he was resolved to go on alone This was as I remember upon Tuesday the Second of October upon the Wednesday Morning I went to find out the Duke of Monmouth but coming to his Lodgings he was gone to Moor-Pank where when I came I found several Persons with him I but after a little time I separated him from the Company and whispering to him I gave him to understand how great a Disorder I found my Lord Shaftsbury in and how great a Complaint he made of his being deserted by him and the other Lords engaged with him and what Resolution he had taken to set upon the Work alone My Lord sayes he I think the Man is Mad his Fear makes him lose his Understanding I do not know why he hides himself from his Friends that no body can telll where he is but as to that which he speaks of oft our forsaking him and breach of Faith he is mistaken For 't is true indeed we are about doing the Thing that he is so eager for but we are not for doing it so hastily as his Fears precipitate him to do and he must excuse us if we Comply not with his Humour to hazard the whole Undertaking by a rash beginning Upon that I said to him My Lord I shall not discourse the Particularities of the business with your Grace but this is all that I at present Address to your Grace for to be a means if I can with your Grace as I have been with him to procure a Meeting between you that you may Settle it with one another Withal my heart sayes the Duke pray let it be so for though my Lord Shaftsbury is angry without a cause yet I would not have him lose himself in a temerarious Undertaking My Lord said I I will tell him what you say and will see if I can work him to a Complyance with the Proposal The next day being Thursday my Lord I went to my Lord Shaftsbury again and reported to him the Discourse I had with the Duke of Monmouth and what Answer he had given to his Complaint of their deserting him He Reply'd It was false they had positively ingaged to be ready by such a time and had appointed the very Day but now they were off and would not tell when they would be ready and withal he told me he greatly suspected the Duke of Monmouth to have a secret Correspondence with the King I then desired him That he would please to consent to the Treaty that was proposed and give the Duke of Monmouth and the Lords a Meeting he in great heat Replyed No he would come no more at them It is strange my Lord said I that you should have such an Opinion of these Men that they would go about to betray you they are not Men of that size but he persisted in it that they had dealt perfidiously with him For after a positive Agreement when the Thing was brought just to the Birth they withdrew their helping-hand but he was sure in London he could Raise a sufficient Force to do the Work and if he were but once set on Horse-back he would Head them himself But yet he was willing to put it off for a Fortnight or three weeks longer if they would be sure to keep pace with him With this Proposal I went the next day which was Friday to the Duke of Monmouth and had the same Answer from him that I had before but withal he bid me tell my Lord Shaftsbury That he did make it his earnest Request to him to give him and his other Friends a Meeting before he Engaged in this business For he found by his precipitation he was about to Destroy himself and all that adhered to him Thereupon I came to my Lord Shaftsbury again upon the Saturday and when I came there after a long and importunate urging all the Arguments I could think of I so far prevailed with him that he agreed to give them a Meeting upon condition that it should be the next day and because it should be so private that no notice might be taken of it he chose to have the Meeting at his own House where no body would suspect him to be and whither he would be conveyed under the Disguise of a Parson I went back with this Message to the Duke of Monmouth who did undertake that the other Lords should be there Lord H. Steward My Lord Howard not to interrupt you Did he name those other Lords If he did pray acquaint my Lords who they were Lord Howard My Lord Shaftsbury named my Lord Russel and my Lord Gray and a great many more that should bear their parts I went to the Duke of Monmouth and told him of it I say and he engaged that they should certainly be there But upon the Sunday Morning when I came to the Temple there I found a Message left for me That my Lord Shaftsbury had receiv'd an Alarum That there were some great Toryes lived near his House in Aldersgate-Street who were continually Spying about and so great a Company might make their more than ordinary Observation That this gave him such a Jealousy as would not permit him to Meet according to his Appointment Afterwards I came to a better understanding of the Reason of this and found there was some fineness in it which I could not comprehend before But after this time I never saw my Lord Shaftsbury for he removed then to other Lodgings So that what I now speak of him is only what I had by
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
he came to me immediately I told him I had seen the Duke and desired that he would help me to the speech of Captain Matthews he told me he was out of Town too then I desired to speak with Major Wildman he told me he was gone out of Town too then I told him I must deliver my Message to him and I told him this message as I have told your Lordships before and therefore left it to him to convey it to the knowledg of those Lords that were concerned he did seem to be unwilling and told me he did not know how to communicate it to those Lords and asked me why I would not deliver the Message my self I told him I did ask the Duke of Monmouth that very question whether I might and he had forbid me and ordered me to deliver it either to Captan Matthews or to Major Wildman and since they were absent I knew not any to communicate it to but only to him in order to their having notice of it He told me he would do what he could Mr. Att. Gen. Pray who were present when you had this Discourse with Disney Jones There was none present but himself then for it was the first time that I spoke with him after I came from Holland I told him there was a Post to go to receive intelligence which should bring notice of his landing 24 Hours before it could be known at Whitehall and therefore it were fit they should be in a readiness he did scruple at it and said he did not know where to get any one that could convey the Message to them but he would do what he could and concluded to meet at night in Smithfield and he did so and there were two Persons with him Mr. Crag and Mr. Lisle and another I think his name was Brand and he took me and Brand aside and did ask me where was the place that the Post was to go I told him where and then he did discourse of the Dukes coming over but I mentioned not any thing of the Lords but only to Disney and after an hours talk or thereabouts we parted I saw Mr. Disney once afterwards but what he did with the Message I cannot tell he gave me no account of it I did indeed before I went out of Town see him at the Half-Moon Tavern in 〈◊〉 I went out of Town and met the Duke of Monmouth at Lyme where he Landed and when I came to him I told him what I had done with my Message and how it happened that I could not deliver it to the persons that he had ordered the Duke told me he was satisfied that I had done what I could but seemed to be troubled that Matthews was out of Town And this is the sum of what passed in my knowledg as near as I can remember Mr. Att. Gen. Had you no discourse with Disney what he had done with the Message when you met at Smithfield Jones No because those men were Strangers to me and I had never seen them before Mr. Att. Gen. But afterwards had you no discourse with Brand nor Lisle about it Jones No not at all Brand I never spoke but once with and Lisle would not own that he was the man that was there Lord H. Stew. Have you any more questions to ask him Mr. Attorney Mr. Att. Gen. No my Lord. Lord H. Stew. My Lord Delamere will your Lordship ask him any questions Lord Delamere No my Lord I never saw his face before this time that I know of in my life Lord H. Stew. Then who do you call next Mr. Attorney Mr. Att. Gen. The next Witness that we call my Lord is Story Who was sworn Lord H. Stew. Well what do you ask him Mr. Att. Gen. Mr. Story pray will you give an account what notice you had of Jones's message and what was done upon it and what discourse you had with any body concerning my Lord Delamere the Prisoner at the Bar and with whom Story My Lord I had notice of it by one that lived at Bishopsgate who told me the 28 th of May last that Mr. Jones was returned home from Holland upon a message from the Duke of Monmouth and that he had agreed to go to Taunton and there he expected Mr. Dare or Mr. Williams to bring an account that the Duke was landed and he said that Mr. Jones's message was delivered to Disney in the absence of Captain Matthews who was out of Town that after Disney had received the message from Jones he went and had some discourse with my Lord Delamere and that that night my Lord Delamere went out of Town with two Friends and went a by-way through Enfield Chase towards Hatfield Mr. Att. Gen. Pray when was it you went out of Town Story Story The 28 th of May. Mr. Att. Gen. Who went out of Town with you Story No body but I overtook Mr. Brand that Evening Lord H. Stew. Pray repeat what it was he acquainted you with Story He told me that the day before Jones was returned home with a message from Holland which message was to be delivered to Captain Matthews but in his absence Disney received it and that Evening after he had discoursed with my Lord Delamere my Lord that night went out of Town and two Friends of mine he said went with him and did convey him away by a by-way through Enfield Chase towards Hatfield Lord H. Stew. Have you any more questions to ask him Mr. Attorney Mr. Att. Gen. Pray Sir had you any discourse with the late Duke of Monmouth at Shepton Mallet and about what Lord H. Stew. By the way Friend where is that Brand that you speak of Story He is kill'd I did not see him dye but he is said to be kill'd at Keinsham Bridg. Mr. Att. Gen. Pray what discourse had you with the late Duke of Monmouth about the Prisoner at the Bar Story I heard the late Duke of Monmouth say at Shepton Mallet that his great dependance was upon my Lord Delamere and his friends in Cheshire but he was afraid they had failed him or betray'd him or some such word he used and he said he could have been supply'd otherwise but that he had a dependance upon them Mr. Att. Gen. Pray what Office had you under the Duke of Monmouth Story I was Commissary General Mr. Att. Gen. Well we have done with you L d. H. St. Will you ask him any questions my Lord Delamere Ld. Del. If your Grace please I have a question to ask him L d. H. St. Ay with all my heart what question you will my Lord. Ld. Del. My Lord I desire to know whether he knows one Saxon. St. What Saxon does your L shp mean one that was in the Army Lord Delamere Yes one Thomas Saxon. Story Yes my Lord I knew him a Prisoner in Dorchester Prison where I was a Prisoner my self Ld. H. St. Has your Lordship nothing more to ask him but that Lord. Delamere No my
Lord. Mr. Att. Gen. Now my Lord we call some persons to prove that that very night when Jones came to Town my Lord Delamere the Prisoner at the Bar goes out of Town without any servant changes his name and goes a by-way Swear Vaux and Edlin Vaux was sworn Lord H. Stew. Well what says this man Mr. Att. Gen. Pray give my Lords an account whether you went out of Town with my Lord Delamere and when Vaux My Lord perhaps I may not remember the very words that I gave my Evidence in before but I will repeat the Substance Mr. Att. Gen. It is not so long ago but you may easily recollect your self pray what day was it that my L. Delamere sent for you Vaux The 26 th day of May and I went out of Town the 27 th Mr. Att. Gen. You are upon your Oath and you must remember you are sworn to tell the Truth the whole Truth and nothing but the Truth Vaux Sir I shall take care to do it as far as I can remember Mr. Att. Gen. Whither was it that he sent for you Vaux To the Rummer Tavern in Queenstreet and the next day I went out of Town with him Mr. Att. Gen. What day of the Month did you go out of Town Vaux It was the 27 th day of May. Mr. Att. Gen. What time of the night was it you went out of London Vaux It was about 9 or 10 of the Clock Mr. Att. Gen. What name did my Lord Delamere then go by Vaux He went by the name of Brown Mr. Att. Gen. My Lord I would acquaint your Grace that this is an unwilling Witness and we are forc'd to pump all out of him by questions Vaux I do tell you the truth of all that I know Mr. Att. Gen. How far did you ride that night Vaux To Hoddesden Mr. Att. Gen. What time did you get thither Vaux About 12 of the Clock Mr. Att. Gen. Whither did you go then Va. We went to Hitchen and I return'd back again the next day Mr. Att. Gen. Whither was my Lord Delamere going then Vaux To see his Son that was sick in the Countrey Lord H. Stew. What he told you so did he Vaux Yes my Lord. Mr. Att. Gen. What other Company went with you Vaux Two Gentlemen the one I knew th' other I did not Mr. Att. Gen. What was the name of him you did know Vaux It was Edlin Mr. Att. Gen. Pray was that the direct Road to Cheshire that you went Vaux We made it our way Mr. Att. Gen. You made it your way but I ask you whether it be the best way Vaux It is the freest Rode from dust Mr. Att. Gen. But I ask you a plain Question upon your Oath is it the best way into Cheshire Vaux Truly my Lord I do not know that Lord H. Stew. Pray who gave you directions to call my Lord Delamere by the name of Brown Vaux Himself my Lord. L. H. Stew. Was that the first time my Lord went by that name as you know of Vaux Yes my Lord I never heard that he was called by that name till that time L. Del. I was called by the name of Brown at that time and I will give your Grace an account by and by of the reason of it L. H. Stew. Has your Lordship any Question to ask him L. Del. No my Lord. L. H. Stew. Then go on to the next Mr. Att. Gen. Our next Witness is Edlin pray swear him which was done Pray will you give my Lords and the Court an account whither you went with my Lord Delamere out of Town and when Edlin The 27 th of May last I was at the Custom-House and there came Mr. Vaux the Gentleman that was here last who told me he was going out of Town as far as Hitchen and asked me to go along with him he said he was to go that evening I asked him what time he intended to return he told me he was resolved to return the next day I told him then I would go along with him and we appointed the place of meeting to be at the Bell-Inn in Coleman-Street when I came there he said there was a friend that was going along with him one Mr. Brown we went as far as Hoddesden that night Mr. Att. Gen. Pray Mr. Edlin will you look upon that Gentleman that stands at the Bar is that he that went by the name of Brown Edlin Yes my Lord that is he Mr. Att. Gen. Well then what time did you set out Edlin It was very near nine of the Clock Mr. Att. Gen. Pray when was it that Vaux met you at the Custom-House Edlin It was about 10 of the Clock in the morning L. H. Stew. Pray did you hear or know upon the Road whither he was going Edlin My Lord I did never see my Lord Delamere before in my life L. H. Stew. But did not he tell you as he went along whither he was going Ed. He said he was going for Cheshire to see a sick Child Mr. Att. Gen. You say Sir that you went first for Hoddesden Ed. We did so my Lord. Mr. Att. Gen. Pray Sir how long were you riding that from the Bell in Coleman-Street to Hoddesden Ed. it was 3 hours I believe or about 3 hours and a half Mr. Att. Gen. Then you rid hard out of Town Ed. My Lord it was towards 9 of the Clock when we got on Horse-back and it was about 12 or a little more when we came to Hoddesden L. H. Stew. Well Mr Attorney is that all you have to ask him Mr. Att. Gen. Yes my Lord. L. H. Stew. Will you ask him any questions my Lord Delamere Lord Delamere No my Lord. Mr. Att. Gen. Then my Lord to confirm this Evidence and to explain it I shall call you a couple of Witnesses to prove that this Gentleman went by the name of Brown in the Cant of those that were engaged in this business that the name was known as his name by all the Party and called so constantly in their Letters and Messages Swear Tracey Paunceford and Thomas Babington Which was done Lord H. Stew. Which will you begin with first Mr. Att. Gen. We begin with Paunceford Pray will you give his Grace and these Lords an account what discourse you heard at Disneys concerning the Prisoner at the Bar and what name he was usually called by in your meetings Paunce My Lord I shall give as just an account as I can I was acquainted with Mr. Disney and the 14 th of June I was at his house Lord H. Stew. What June do you mean Paunce Last June my Lord and there were three more besides one Joshua Lock and a Country Gentleman that I have understood since to be one Hooper and there was one Halsey and being there Lock staid for some Declarations Lord H. Stew. What Declarations were those you speak of Paunce The Declarations of the late Duke of Monmouth Lord H. Stew. Were they Printed at that
in the Country to stir up the People to rise in Arms and if I would come to Gosworth his House upon the Monday after he would tell me more of that Business I went according to the time and there he told me a great deal to the same purpose and withal he shewed me a Letter that he had written to the Duke of Monmouth which Letter I afterwards saw at Bridgwater L. H. Steward Have you any more Questions to ask him Mr. Att. General No my Lord But if my Lord Delamere please to ask him any Questions he may L. Delamere I humbly pray he may repeat the Evidence he hath given against me for I have not heard what he has said L. H. Steward Turn toward my Lord Delamere and repeat the Evidence that you gave against him so as he may hear you Which he did to the same effect as before L. H. Steward 'Pray from whom did you receive that money Saxon. I received it from my Lord Delamere L. H. Steward My Lord Delamere will you ask him any Questions L. Delamere Yes may it please your Grace L. H. Steward Then the Method you are to take is this you must propound your Questions to me and then I will propound them to the Witness L. Delamere I desire to know may it please your Grace when was the first time that he declared this that he has now sworn against me L. H. Steward My Lord desires to know of you when it was that you first made known this against him L. Delamere And to whom my Lord Saxon. I suppose I told Mr. Storey of it first my Lord at Dorchester after I was taken Prisoner for the Rebellion L. Delamere When did he tell it Storey my Lord Saxon. I think it was a Fortnight after my acquaintance with him L. H. Steward Were you then in the same Prison with Storey Saxon. Yes I lay with him in the same Bed L. Delamere If your Grace please I would ask him another Question L. H. Steward Ay what you will L. Delamere I desire to know when was the first time that he made Oath of this and upon what occasion it was L. H. Steward What say you to that Saxon. The first time I made Oath of it was when I lay sick L. Delamere Will your Grace please to ask him where that was and when Saxon. It was before His Majesty's Counsellors that were sent to take my Examination in Newgate L. H. Steward 'Prethee I do not know when thou camest to Newgate it may be thou hast been there oftner than once Saxon. I gave my first Information immediately after I was brought to Town when I was removed from Dorchester Goal to Newgate L. Delamere My Lord I desire your Grace would ask him what time he came up Saxon. The beginning of the last Term. L. Delamere Then I desire to know my Lord whether he did remain a Prisoner in the Country all the other time Saxon. Yes I did so from the Tenth of July till the time that I was brought up to Newgate L. Delamere My Lord I desire to know of him whether I had ever imployed him about any of my Concerns that should give me an occasion of trusting him with such Secrets L. H. Steward What Business of Importance had my Lord Delamere ever imploy'd you about before this time Saxon. I was never imployed about any Concerns of my Lord Delamere's before that time neither was I ever in his Company but only then and then as recommended by him to him for they said they must make use of such as me to make their Designs known to the Country for the accomplishing what they did intend L. Delamere Recommended by him who does he mean Saxon. By my Lord Brandon L. Delamere If your Grace please I desire to know what the Business was that he was to do Saxon. I was to inform the Country concerning the time of the rising my Acquaintance abounded that way and by their Discourse they had got men in every Place to acquaint the Country when they should rise L. H. Steward Were you acquainted with any great Number Saxon. My Lord I was a Publick Tradesman in Middlewich and much acquainted with the ordinary sort of People L. Delamere My Lord he says he was sent for to my House I desire to know who was the Messenger that was sent for him Saxon. My Lord I did ask him his name but he would not tell it me he told me he was but Tenant to my Lord Delamere and had been imployed in such Businesses for my Lord Delamere's Father Sir George Booth he was a lame man in one Arm for he had his hand shot away at the Siege of Nantwich L. Delamere It was Tom Long the Carrier I suppose or some such Fellow or other that I sent for him My Lord I desire to know what time of Day or Night was it when he came to my House Saxon. It was just when it began to be dark the Messenger came to me in the Afternoon to fetch me thither and I sent for a man's Horse that lived near me and when it was brought me he asked me what made me go so late I told him I had occasion to go late and I should return late and the man stayd at my House for his Horse till it was late but I not coming home he left order for his Horse to be brought to him L. Delamere Next my Lord I desire to know when he came to my House whether he did alight from his Horse at the Stables that belong to the House or no Saxon. I did alight just at the Old Buildings and the man's Horse that came with me and mine were taken into the Stables L. Delamere 'Pray my Lord ask him who took his Horse from him Saxon. The man that came with me and he went into the house and brought out a Candle L. Delamere My Lord I would ask him whether the Door he was let in at was that which was nearest to the Stable or which Door L. H. Steward Do you know what Door of the house you were let in at L. Delamere My Lord I ask him whether it were the next Door to the Stable Saxon. My Lord I cannot very well give an account of that for I was never at the house before L. Delamere 'Pray my Lord let him recollect himself whether it were the Door next the Stable or not L. H. Steward Ay with all my heart if he can Saxon. I did not see any other Door but that I came in at and therefore I cannot tell which Door it was L. Delamere These Questions my Lord I take to be proper for me to ask and I believe I shall make it appear so to your Grace to be so by and by L H. Steward Good my Lord take your full liberty and ask what Questions you please for I know my Lords here will be all very well pleased that you have all Scope allowed you that can be L. Delamere
I humbly thank your Grace I desire to know of him who let him into the house Saxon. The man that came with me went with me just to the Door and let me in within the Door and I saw no other man but that man till I came into the Room where my Lord and those two Gentlemen were L. Delamere Was there no body else but we there Saxon. No you were so wise you would let no body be by L. Delamere My Lord I shall trouble this Witness no farther at present L. H. Steward Then Mr. Attorney General will you proceed Mr. Att. General My Lord we shall give no more Evidence at present but shall rest it here till we see what Defence this Noble Lord will make for himself L. H. Steward Then my Lord Delamere your time is now come to make your Defence you have heard what has been Evidenced against you and my Lords now expect to hear what you have to say for your self L. Delamere May it please your Grace a great part of the Day is spent and I would beg the Favour of your Grace that I may have the favour till to morrow morning to review the Notes I have taken and then I shall make my Defence L. H. Steward My Lord Delamere I had this very thing in my thoughts before I came hither this Day because I did foresee that this was likely to be a long Cause and the proceeding in it would take up much time I have a little doubt I must needs say in my own mind whether it may be done by Law I know very well if this were a Trial in full Parliament there have been Precedents to warrant the Adjournment till another Day though it be in the midst of a Trial and in the middle of the Evidence But this Court I take to be of the same nature though of a degree higher with the other ordinary Courts of Judicature and whether it be not obliged and tied up to the same Method of Proceeding with those other Courts where all Capital Offences are tried is a thing I am in some doubt about In those Courts it has not been usual to Adjourn the Court after Evidence given nay it has been sometimes a Question whether the Judges in those Courts after the Jury are gone from the Barr to consider of their Verdict could Adjourn themselves I say the Judges have sometimes made a Doubt of it though I know the Point is now settled and the Practice is that they may and do But this is most certain after the Evidence given the Jury cannot be Adjourned but must proceed in their Enquiry and be kept together till they are agreed of their Verdict this has caused some Hesitancy in me what the Law may be in this Case therefore I think it may be proper to consult with my Lords the Judges for I desire the thing may be considered and settled L. Delamere My Lord I humbly beg this Favour of your Grace but to Adjourn till to morrow L. H. Steward With all my heart my Lord if it may be done by Law L. Delamere I hope it may my Lord and I beg that Favour of your Grace L. H. Steward My Lord I should be very glad to comply with your Lordship's desires but truly I have considered of it and do doubt whether I can by Law do it In full Parliament it is clear it may be done but upon this Commission after my Lords the Peers are once charged and the Evidence partly given whether I can then Adjourn them till another Day is with me a Doubt My Lords if your Lordships please before such time as my Lord the Prisoner at the Barr enters upon his Defence I will with your leave propound the Question to my Lords the Judges and hear their Opinion what the Law is L. Delamere My Lord I shall hardly be able to finish all I have to say in any convenient time this Day L. H. Steward But my Lord if an Adjournment cannot be by Law I cannot help it L. Delamere There has a great deal been said and it will require a great deal of time to give it an Answer L. H. Steward Ay but if it cannot be done as you would have it we must be contented to stay the longer together for I would not abridge you of your Defence therefore my Lords the Judges if you will please to go together and consider of it and report your Opinions what the Law is in this Case and we will stay till you come again Then the Judges withdrew into the Exchequer Chamber E. Nottingham My Lord High Steward I do humbly conceive this is a Matter that concerns the Priviledge of the Peers and because it is a Matter that doth so much concern the whole Peerage I think my Lords here ought in some measure to concern them selves about it Therefore my Lord I have a short Motion to make to your Grace that considering the Consequence that the Precedent of this Case may draw with it since my Lords the Judges are gone together to consult of this Point of which I may say they are not altogether the sole Judges We may also withdraw to consider of this Matter with them because it may not be proper for my Lords in Publick here to offer what they may have to say to incline my Lords the Judges in their Judgments one way or other L. Falconberge My Lord I humbly offer this to your Grace upon the Motion that this Noble Lord has made that with Submission I take this to be a thing that concerns the Priviledge of Peerage only and I conceive the Judges are not concerned to make any Determination of that Matter I think therefore my Lords here ought to retire with them to consider of it L. H. Steward My Lords I think with Submission to your Lordships that this is a Question naturally proper for my Lords the Judges to give their Opinions in whether this Court as a Court of Judicature for the Trial of this Noble Lord may in the midst of the Tryal adjourn till another day And the priviledge of the Peerage cannot at all come in question here as I conceive L. Falconberg My Lord that we conceive is a point of priviledge which certainly the inferior Courts can have no power to determine L. H. Steward If your Lordships have a mind to withdraw you may Lords Ay withdraw withdraw Then the Peers withdrew and after half an hour the Judges returned and took their places as before and after about an hour the Peers returned to their former places L. H. Steward My Lords the Judges have you considered of the Matter that has been proposed to you and what is your Opinion L. C. J. Herbert May it please your Grace the Judges in obedience to your Graces Commands have withdrawn and considered of what your Grace proposed to them and with humble Submission they take the Question to be this Not whether your Grace may Adjourn your Commission from
one day to another for that is clear you may and has been practised for that is the Case of the Earl of Somerset and his Wife But the Question is Whether after the Prisoner is upon his Tryall and the Evidence for the King is given the Lords being as we may term it Charged with the Prisoner the Peers Tryers may separate for a time which is the consequent of an Adjournment to another day And my Lord the Judges presume to acquaint your Grace that this is a matter wholly new to them and that they know not upon recollection of all that they can remember to have read that either this matter was done or questioned whether it might or might not be done in any Case My Lord If the matter had been formerly done or been brought into question in any Case where it had received a determination and reported in any of our Books of Law then it would have been our duty to contribute all our Reading and Experience for the satisfaction of this great Court But being as it is a new question and a question that not only concerns the particular Case of this Noble Lord at the Barr but is to be a president in all Cases of the like nature for the future All we can do is to acquaint your Grace and my Noble Lords what the Law is in the inferiour Courts in Cases of the like nature and the Reason of the Law in those points and then leave the Jurisdiction of this Court to its proper Judgment My Lord in the first place where the Tryal is by a Jury there the Law is clear the Jury once charged can never be discharged till they have given their Verdict this is clear and the reason of that is for fear of Corruption and tampering with the Jury an Officer is sworn to keep the Jury together without permitting them to separate or any one to converse with them for no man knows what may happen for though the Law requires honest men should be returned upon Juryes and without a known Objection are presumed to be probi legales homines yet they are weak men and perhaps may be wrought upon by undue Applications This My Lord it is said fails in this Case because the Lords that are to try a Peer are Persons of that great Integrity and Honour that there is not the least presumption of their being to be prevailed upon in any such way and for that reason because of the confidence which the Law reposes and justly in Persons of their Quality they are not sworn as common ordinary Jurors are but are charged and deliver their Verdict upon Honour My Lord in the Case of a Tryal of a Peer in Parliament as your Grace was pleased to observe and as is very well known by late Experience there the matter has been Adjourned till another day and for divers days the Evidence being given in several Parcells and yet there the danger is as great if any were to be supposed of tampering But whether the Lords being Judges in that Case and in this Case only in the nature of a Jury makes the difference though in both Cases it is but like a Verdict for they give their Opinions Seriatim whether the Peer tryed be Guilty or not Guilty that they submit to your Graces consideration Upon the whole matter My Lord whether their being Judges in the one and not in the other instance alters the Case or whether the Reason of Law in inferiour Courts why the Jury are not permitted to seperate till they have discharged themselves by their Verdict may have any influence upon this Case where that reason seems to fail the Prisoner being to be tryed by his Peers that are men of unquestionable unsuspected Integrity and Honour we can't presume so far as to make any Determination in a point that is both new to us and of great Consequence in it self but think it the properest way for us having laid matters as we conceive them before your Grace and my Lords to submit the Jurisdiction of your own Court to your own determination L. H. Steward My Lords I confess I would always be very tender of the Priviledge of the Peers wherever I find them concerned but truly I apprehend according to the best of my understanding that this Court is held before me It is my Warrant that convenes the Prisoner to this Barr. It is my Summons that brings the Peers together to try him and so I take my self to be Judge of the Court. My Lords 't is true may withdraw and they may call the Judges to them to assist them which shews they have an extraordinary Priviledge in some Cases more before the High Steward than Juries have in inferior Courts in Cases of common Persons For if it be in a common Case no Jury can call either Counsell or Judges to assist them in the absence of the Prisoner but if they will have advice it must be asked in open Court in the presence of the party accused But now My Lords if you have a mind to consult with me in private as I now sit by Virtue of this Commission which is his Majesties Warrant for me to hold this Court I could not withdraw with you but you must ask all your questions of me in the presence of the Prisoner in open Court whereas if it were in full Parliament as were the Cases of my Lord Stafford and my Lord of Pembroke then he that were the High Steward might go along with you when you withdrew and consult with you and give his Opinion which I cannot do in this Case for I am bound to sit in Court while you withdraw to consider of the Evidence and am not to hear any thing said to me but what is said in open Court in the presence of the Prisoner except it be when you deliver your Verdict This I confess my Lords has a great weight with me and I know your Lordships will be very tender of proceeding in such a Case any way but according to Law For though you are Judges of your own Priviledges yet with Submission you are not Judges of the Law of this Court for that I take to be my Province Why then Suppose my Lords I should take upon me to do as my Lord Delamere desires and adjourn the Court and suppose the Law should fall out to be that indeed I ought not so to have done would it be any advantage to this Noble Peer if he should be acquitted by your Lorships after such an Adjournment might not the evil consequence of that be that he might be Indicted for the same crime and tryed again For all the Proceedings after that would be Void and lyable to be reversed And if on the other side your Lordships should think fit upon the Evidence you have now heard and what he shall say for himself to convict him after I have adjourned as is desired and I pass Judgment upon him as it will be
a Duty incumbent upon me to pass Sentence on him if you convict him what will become of the Case then and how shall I be able to answer it as having done my duty when I pronounce a Judgment notoriously Erroneous and Illegall for so it will be if the Law prove to be against my adjourning This my Lords is a matter of great moment and worth the Consideration But in the other Case of a Trial in full Parliament the Lord that Sits where I do is only as the Chairman of the Court rather than Judge he gives a Vote in such proceedings and therefore my Lord the Prisoner did very well at the beginning to ask the Question whether I had any Vote in his Tryal as a Peer jointly with your Lordships If I sat in full Parliament I should without all question give my Vote as well as any other Peer but sitting here by immediate Commission from the King pro hac vice High Steward I acquaint you as I did him I have no authority to give any Vote My Business is to see the Law observed and fulfilled as Judge Certainly My Lords your Lordships and I and all mankind ought to be tender of committing any Errors in Cases of Life and Death and I would be loath I will assure you to be recorded for giving an Erroneous Judgment in a Case of Blood and as the first man that should bring in an illegal Precedent the Consequence of which may extend I know not how far M. Att. General Will your Grace give direction for my Lord to proceed L. H. Steward Yes he must proceed I think L. Delamere May it please your Grace and you my Lords it is an offence of a very high Nature for which I am this day to answer before your Lordships yet I thank God I am not afraid to speak in this place because I am not only certain and very well assured of my own Innocency no such thought having as yet entred into my heart but I am also well assured of your Lordships Wisdom and Justice which cannot be imposed upon or surprized by Insinuations and florid Harangues nor governed by any thing but the Justice of the Cause My Lords I can with a great deal of Comfort and Satisfaction say that these Crimes wherewith I am charged are not only Strangers to my Thoughts but also to what has been my constant Principle and Practice For I think that in matters relating to the Church and the things enjoyned therein few have conformed more in Practice then I have done and yet I do confess and am not ashamed to say it that I have always had a Tenderness for all those who could not keep pace with me and Charity for those that have outgone me and differed from me though never so far nay though of a different Religion For I always thought Religion lay more in Charity than Persecution While I had the Honour to be a Magistrate in my Country I did constantly duly and impartially execute the Laws and in every publick trust I was very faithful in the Discharge of it for I never voted nor spoke in any manner but as my Conscience and Judgment did dictate to me I have always made the Laws the measure of my Loyalty and have still been as Zealous and Careful to give the King his Prerogative as to preserve to the people their Properties and have endeavoured as far as in me lay to live peaceably with all men This My Lords was not only the Dictates of my own Inclinations but it was the Principle of my lather and the Lesson that he taught me I say of my Father who was so greatly Instrumental in snatching this Nation out of its Confusion and restoring it to its ancient Government by setling his late Majesty upon his Throne and consequently was the means of his present Majesty that now is his coming so peaceably to the Crown And this I may the more boldly speak because I speak it by good Authority because in the Patent that created my Father a Peer his late Majesty is pleased to say his rising was mainly instrumental in his Restoration I beg the Favour of your Grace and my Lords that I may read to you that Clause in the preamble of the Patent which I have here ready to produce Which was read and then my Lord proceeded as follows viz. My Lords I suppose most of your Lordships did know him and whosoever did so I dare say did believe him to be a good man For my part I did not know a better Copy to write after than his Example which I endeavoured always to imitate and that I hope will go very far to vindicate me from the Imputation of being inclined to any such Crime as I stand charged with My Lords it is now late and therefore I shall cut off a great deal of what I had intended to say to your Lordships that I may not take up too much of your time and come immediately to my Defence as to what I stand accused of And first my Lords I shall observe that here have been a great many Witnesses produced and a great deal of Swearing but little or nothing of Legal Evidence to affect me for there is but one man that saith any thing home and positively against me and whom I shall answer by and by all the rest are but Hear-says and such remote Circumstances as may be tacked to any Evidence against any other person but are urged against me for want of greater matters to charge me with and therefore I hope the producing and pressing of these things against me is rather a strong Argument that I am Innocent and that there have been mischievous and ill designs of some against me than that I am guilty for if they had had other and greater matters your Lordships would have been sure to have heard of them With your Lordships leave I cannot but observe to your Lordships an excellent saying of that great man my Lord of Nottingham whose Name will ever be remembred with Honour in our English Nation when he sate in the same place that your Grace does now at the Tryal of my Lord Cornwallis which I will read to your Lordships Speaking to the Peers he has this passage I know your Lordships will weigh the Fact with all its circumstances from which it is to receive its true and its proper Doom Your Lordships are too just to let Pity make any abatement for the Crime and too wise to suffer Rhetorick to make any Improvement of it This only will be necessary to be observed by all your Lordships that the fowler the Crime is the clearer and plainer ought the Proof of it to be there is no other good Reason can be given why the Law refuseth to allow the Prisoner at the Bar Counsel in matter of Fact when Life is concerned but only this because the Evidence by which he is condemned ought to be so very evident and so plain that
all the Council in the world should not be able to answer it My Lords I think the Evidence that has been given against me this day does not come up to this And I hope your Lordships will regard this saying of my Lord Nottinghams as more worthy of your consideration than the fine Flourishings and Insinuations of the Kings Council which tend if it be not so designed rather to misguide your Lordships than to lead you to find out the Truth My Lords I shall now tell you the method that I shall proceed in in making my Defence and I begin with Saxon for he I perceive is the great Goliah whose Evidence is to maintain this Accusation and if I cut him down I suppose I shall be thought to have done my own business therefore to that I shall apply my self first and do it if I can and I will in the first place examine several persons that are his Neighbours and have conversed with him what they have heard and know of him and first I desire Richard Hall may be called L. H. Steward My Lord Delamere if you begin that way to call Witnesses against Saxon it is fit he should be here to know what is said against him L. Delamere Ay with all my heart My Lord. L. H. Steward Then call Saxon agen Then Saxon and Hall came both in L. Delamere Pray Mr. Hall tell my Lords here what you know of Thomas Saxon. L. H. Steward What is it you ask of this Witness L. Delamere My Lord I desire him to give an account what he knows of a Letter that was forged by Saxon in the name of one Hildage Hall About the nineteenth of December in the year 1683 I received a Letter by Thomas Saxon from Richard Hildage wherein he desired me to send him the sum of six pounds odd money which I owed him I received the Letter and paid the money and to the best of my knowledge some little time after I met with the said Hildage at Newcastle who asked me to pay him the money I owed him I replyed I had paid the money according to his Note but he said he never gave any such Note and threatned to sue me thereupon I sent one Lord to Hildage that is here now in the Court and desired Hildage his forbearance for a while till I could get the money from Saxon back again and afterwards he sent again for his money and I sent to Saxon for it but still the money did not come L. H. Steward Did you ever speak with Saxon himself Hall No but with his wife who came to me about it but he acknowledged he wrote the Letter before John Lord. Saxon. Did not my wife tell you that Richard Hildage lent me the money L. H. Steward Nay you must not Dialogue with one another but if you have any questions you must propound them to the Court My Lord Delamere have you any more questions to ask him L. Delamere No my Lord. L. H. Steward Then what is it you would have him asked Saxon Saxon. I desire you would please to ask him whether or no he did not lend me the money L. H. Steward He who do you mean Saxon. Richard Hildage did L. H. Steward What say you did Richard Hildage lend him the money Hall No my Lord. L. H. Steward Look you my Lord Delamere the Objection carries a great deal of weight in it to prove him a very ill man if it be fully made out L. Delamere My Lord if your Grace please I can prove that he owned the writing of the Letter to another man L. H. Steward My Lord he does own here that he wrote the Letter and that he wrote it in Hildage's name but he saith the Letter he so wrote in Hildage's Name was by Hildage's direction and if so that takes off the Objection made against him L. Delamere I must submit that to your Grace whether what he says in that matter be Evidence L. H. Steward What Hildage did or did not is the main turn of the question in this Case for he might lend him the money and yet afterwards might say when he thought he might lose it that he did not send any such Letter and all this be true and Saxon in no fault I must confess if Hildage were here himself and should deny the lending of the money or the giving him Directions to receive it you would have fixed a shrewd Objection upon him but otherwise Hear-says and discourses at second hand are not to take off the Credit of any mans Testimony L. Delamere But Hall says Hildage denyed the receipt of the money or any Order for receiving of it L. H. Steward That signifies nothing being but by second hand Saxon. If it please your Grace here is my Brother in Court will give you an account of it L. H. Steward Well well Hold your tongue will your Lordship please to go on L. Delamere The next Witness my Lord that I shall call shall be Francis Ling who came in L. H. Steward What do you ask this Witness L. Delamere Mr. Ling pray will you tell his Grace and my Lords what you know concerning Saxon's receiving any Money in the name of Mrs. Wilbraham without her Order Ling. He called at this same Hildage's at Newcastle and received twenty five Shillings and said it was for Mrs. Wilbraham in her name but she never received a penny of the Money nor knew of his having received it till he came to pay another Quarter L. H. Steward Where is that Mrs. Wilbraham is she here Ling. No my Lord she is a Neighbour of ours an Ancient Woman fourscore years of Age and cannot come so far L. H. Steward This is the same Case with the other you can never think to take off the Credibility of Witnesses by such Testimony for this is only a Tale out of an Old Woman's Mouth What if that Old Woman told him a false Story Ling. She said L. H. Steward I care not what she said this is no Evidence at all L. Delamere Then 'pray call Richard Shaw who came in L. H. Steward Well what says this Witness L. Delamere Shaw can you tell any thing of Thomas Saxon's writing a Letter and sending it in the Name of one Paugston a Bayliff Shaw He writ a Letter as I understand concerning some money that I owed him for I owed him a little money and being I did not pay it he does forge a Letter and puts William Paugston's name to it so I got up the other Morning L. H. Steward Where is Paugston Is he here Shaw No my Lord he is not but he told me he did not write the Letter L. H. Steward Why this is just the same again and we all know how easie a thing it is to hear a Bayliff tell a Lye Shaw I cannot tell but I called L. H. Steward All that is nothing It is a difficulter matter to hear such Fellows speak truth than any thing else I
am sure L. Delamere The next Witness that I shall call is Peter Hough who Appeared L. H. Steward There is your Witness What say you to him L. Delamere Pray acquaint his Grace and my Lords what you know of Saxon's cheating you in the making of a Bond. Hough My Lord he had six Pound ten Shillings in money and ten Shillings in work done for which he was to give me a Bond and hereof he made the Bond himself I thought it had been right and took it but about the time when the money was become due I looked upon it and it proved to be but for 6 l. L. H. Steward What should it have been for Hough It should have been for six Pounds ten Shillings in money and ten Shillings in work L. H. Steward Did not he give thee a Bond for all thy money Hough It should have been so but I never had it L. H. Steward Had you never the money Hough No I never had the money L. H. Steward What did he say the Bond should be made for Hough For seven Pounds L. H. Steward What say you to it Saxon Saxon. My Lord I had five Pounds ten Shillings of him in money and ten Shillings in work for which I gave him Bond there were the Witnesses names at it the Bond was fairly read and I sealed it and he took it with him L. H. Steward Ay but he says it was to be for seven Pounds Saxon. I never had any more of him than six Pounds and for that I gave him Bond. L. H. Steward Was the Bond read to you Hough He read it himself and he made it himself L. H. Steward How did he read it What did you apprehend by his reading it was made for Hough I took it as he read it to be made for seven Pounds Saxon. He may say what he pleases but I had no more of him but six Pounds I was to give Bond for no more L. H. Steward Now the Witnesses to this Bond would be very proper to be produced here For if he did make the Bond but for six Pounds when the Debt that was to be secured was seven Pounds that is a sign that he had an intention to cheat him of the twenty Shillings L. H. Delamere That shews what a kind of man he is L. H. Steward But this is but Witness against Witness for he says he owed no more and was to make the Bond for no more Hough It was as I tell you I assure you my Lord. Saxon. I had no more of him than six Pounds Hough Did not I ask you afterwards one Question more and told you it was a Cheat and you said it should be mended L. H. Steward Well my Lords have heard it they will consider what weight to lay upon it L. Delamere 'Pray call Edward Wilkinson who appeared L. H. Steward What do you ask him L. Delamere Wilkinson 'pray tell my Lords how Saxon dealt with you about your Horse Wilkinson My Lord he hired a Horse of me for three days and was to give me twelve pence a day but he never came again nor had I any satisfaction for my Horse but I lost my Horse by the Bargain and my money too L. H. Steward How long ago was it since he hired your Horse Wilkinson My Lord it was the Twenty third of June to the best of my remembrance L. H. Stew. Did not he agree with you for 12 d. a day as long as he used your Horse Wilkinson I expected to have my Horse in 3 days time L. H. Stew. But mind my Question Did you agree that he should have him but 3 days or was he to give you 12 d. a day for so long as he kept him out Wilkinson I was to have 12 d. a day for him L. H. Stew. What as long as he used him or only for 3 days Wilkinson He did agree with me to bring him again in 3 days L. H. Stew. I perceive by the time he rid into the Rebellion with this Horse and he was a very Knave for so doing upon my Conscience L. Delamere Call William Wright who came in Pray will you give my Lords an account what Reputation this Thomas Saxon is of in his Countrey Wright My Lord this Thomas Saxon came to live at Sambige and I had some dealings with him as well as other men and I never found him to perfect his word in any thing L. H. Stew. What didst thou never find him Wright To perfect his word in any thing My Lord. L. H. Stew. That is make good his word I suppose but that is your Cheshire Phrase Wright Whereupon I met with him one Evening after Evening Prayer and said to him Thomas Saxon if I cared no more for keeping my word than thou do'st it were no matter if I were hang'd for to be sure if thy mouth open thy tongue lyes and he turn'd away from me and would not answer me a word and since that he owed me some money and when I asked him for it he told me if I did trouble him for the Money it should be the worse for me whereof all the Town knows as well as I that I cannot set him forth in words as bad as he is L. H. Stew. Can you instance in particular Friend of any Fraud Cheat or Cozenage that he has been guilty of for it is not what the Town says but what can be proved that we must take for Evidence the Town that thou livest in may reckon thee but an idle Fellow and yet thou may'st be a very honest man for all that Wright I trust My Lord I am so and shall always prove so L. H. Stew. Well what dost thou know ill of him Wright He did not keep his word with me L. H. Stew. Wherein dost thou mean Wright As to Money he owed me L. H. Stew. How much Money did he owe thee Wright He owed me a deal L. H. Stew. How much dost thou call a deal Wright I cannot tell how much exactly L. H. Stew. Does he owe thee any thing now Wright Yes but I cannot justly tell how much L. H. Stew. My Lord Delamere I would be very unwilling to interrupt the method of your defence or abridge you in your Evidence but really this objection that you endeavour to prove by this Witness is not at all as I conceive for your Lordships Service For it is a very hard case if any one that owes money and does not pay it shall for that very reason lose the credit of his Testimony this rather gives a countenance to what he says that you know no other Objections but such trivial ones to make against him L. Delamere Then If your Grace please I will make short work of it and spare your time I shall pass over this part of my Evidence though I have many more witnesses to this point and come to other matters to matter of Fact to encounter this positive proof that has been given against me
Your Grace and my Lords do observe that this man Saxon has testified that about the 3 d or 4 th of June last for there he fixed the time this man as an extraordinary Person that was fit to be trusted in an Affair of this Nature being confided in and recommended by my Lord Brandon was sent for by me to Mere where he found me and Sir Robert Cotton and Mr. Offley who did employ him to transact the matter of stirring up the Countrey in order to a rising and joyning with the late Duke of Monmouth Now I will first prove to your Lordship in general that Sir Robert Cotton was not in Cheshire for Many weeks nay several months both before and after the time he speaks of And next in particular I shall prove as to the time that he has pitched upon by divers Persons that saw Sir Robert Cotton here then in London and give you particular reasons for it First to prove that he was here in Town so long in general I shall produce his Servants that saw him every day Call Billing who appear'd Pray Sir will you give an account what time Sir Robert Cotton came to London when he went out of London and whether you were frequently in his Company and saw him here Billing My Lord to the best of my remembrance Sir Robert Cotton came to Town the 10 th of April last and I was with him here in Town at his house at the Horse-Ferry till the latter end of July and saw him constantly more than once or twice every day for that time I used to come into his Chamber most Mornings before he was up I used to buy in his Provision for his House I saw him in Bed or heard he was in Bed every night L. H. Stew. Did you belong to him Billing I am his Servant L. Delamere He lived with him in the House all the while he says Billing Then about the latter end of July he went out of Town for 3 days to Epsom and then he came to Town again and continued here till the time he was committed to the Tower and never was in Cheshire since the 6 th of April last L. H. Stew. How come you to remember so punctually when he came to Town and that he staid here all the while Billing I know it by my Accompts for the Journey up and by the Tradesmens Bills for the Provision of the House ever since L. H. Stew. In what Capacity did you serve Sir Robert Cotton Billing I bought in all the Provision for his House and paid the Tradesmens Bills L. H. Stew. Have you any Papers in your Pocket that will point to any particular time Billing I have not the Tradesmens Bills here My Lord nor my own Accompts but I have look'd upon them and by that I am sure what I have testified is true L. H. Stew. Who do you call next My Lord L. Delamere Call Margaret Davis who appeared Pray will you give an account to my Lord what time Sir Robert Cotton came to Town and to the best of your remembrance when he went out of Town again Davis He came to Town upon the 10 th of April last or thereabouts and he has not been out of Town any night since except it were in August L. H. Stew. What day did he come to Town do you say Davis About the 10 th of April L. H. Stew. And you say he did not go out of Town till August Davis No My Lord. L. H. Stew. How do you know this Davis I was constantly in the House with him L. H. Stew. But how came you to be so exact as to the time Davis I saw him continually every day L. H. Stew. How came you to see him Davis I live with him in the House L. H. Stew. Pray recollect your self as to the time that he went out of Town for I perceive the other man says it was the latter end of July Davis It was in August certainly My Lord. L. Delamere My Lord the other witness saith it was the latter end of July and that may be very well consistent neither of them speaking to a day L. H. Stew. Well are you sure he was in Town all the Month of June Davis Yes he was L. H. Stew. Well who do you call next L. Delamere Mrs. Sidney Lane who appeared L. H. Stew. What do you ask this Gentlewoman L. Delamere I examine her to the same point and I question not but I shall make it out to your Grace and my Lords none of us all three that he has named were there at that time L. H. Stew. I shall be very glad of it My Lord L. Delamere Pray Mrs. Lane will you give an account when it was Sir Robert Cotton came to Town and how long he staid here Mrs. Lane He came to Town the April before the Coronation and never lay out of Town I am sure all those 3 Months of April May and June after he came to Town L. Delamere This Gentlewoman My Lord lived in the same House with him Mrs. Lane I did so My Lord and saw him every night and morning L. Delamare If your Grace please I have 2 or 3 more witnesses to the same purpose but I would spare their Lordships time if this point be fully cleared L. H. Stew. Pray My Lord do not abridge your self for I know my Lords will not grudge the time but are very desirous you should have full Liberty in what is pertinent L. Delamere Then I desire Charles Reeves may be called who appeared I pray My Lord that this Man may give an account what time it was Sir Robert Cotton came to Town and how long he stay'd here Reeves If it please your Lordship he was in Town before the Coronation and I saw him here every day from that time till after July once or twice every day L. H. Stew. Did you belong to him Reeves Yes and I do now L. H. Stew. In what Capacity Friend Reeves My Lord I am his Footman L. Delamere May it please your Grace the next Witness I have to produce is Mr. Ashburnham being he cannot easily remove I beg he may be heard in the place where he is L. H. Stew. Ay let him speak where he is and let him speak out L. Delamere Pray Sir will you please to recollect your self what time you saw Sir Robert Cotton and where the last Summer Ashburnham My Lord I being at Sir Robert Cotton's House at Westminster he desired me to present a Petition of his to the House of Commons for him and it was about the latter end of the time allotted for Petitions I cannot exactly tell what day of the week or Month it was but I saw him that day I presented his Petition and I saw him at the Committee of Elections 2 or 3 days after L. Delamere Sir William Twisden I desire may be also heard what he has to say to the same point Who answered to the same effect L.
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
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
in all my life nor never sent for him to come to my house And if your Lordship please to consider the Story that he tells it will easily appear to be very improbable for he neither tells you vvho the Messenger was that was sent for him nor the way that he came into the House which any body that has ever been at the House could not mistake For when I asked him what door it was he came in at it was for this reason because he must needs have gone a great way about if he had not come in at the usual Entry into the house for I have but one door into my house except that by the Stables which is a great vvay off the house and it being about that time of the year if it were 8 or 9 of the Clock in the Evening he must needs discern which way he came in And besides My Lords Is it probable what he says that he should see no body stirring about the House except it were this man without a hand that he says was sent for him I assure your Lordships I have not nor had my Father ever that I know of any Servant or Tennant that was maimed in that manner that he speaks of he saith he was recommended to us by my Lord Brandon But he cannot tell your Lordship any thing that ever he had done to recommend him either to him or us I did ask him what important Service he had ever done for me that might give a credibility to my imploying him in such a business as this My Lord I cannot help it if People will tell false Stories of me but I hope your Lordships will consider the credibility of it Is it to be imagined that I would take a man I knew nothing of upon another mans word into so great a confidence as to employ him about a business of this Nature I am glad that he was called in here again for your Lordships to view him I beseech your Lordships to look at him Is this Fellow a likely Fellow to be used in such an Affair Does he look as if he were fit to be employed for the raising of ten thousand men Does he seem to be a man of such considerable Interest in his Countrey A Fellow that though it be not direct Evidence yet by several Witnesses I have shewn to be a Man of no Reputation in his Country nay of a very ill one and could we have none else to employ in a matter of this moment but such a Fellow as his Neighbours would not take his word for any thing It is an improbable Story upon these accounts if I should say no more Your Lordships likewise see that he is so well thought of that he dare not be trusted out of Newgate but is kept still a Prisoner and as such gives Evidence here And I know your Lordships will not forget that he swears to save himself having been a Rebel by his own Confession and he would fain exchange his Life for mine till he has a Pardon which as yet as I am informed he has not the Objection will still lye upon him that he swears to save himself which will render his Testimony not credible and the Law requires the Witnesses in Treason to be credible ones And yet forsooth this Man that no body that knows him will believe a word he says must be taken to be the man of Integrity Zeal and Industry the man of Management and Dispatch the Man of Interest and Authority in his Countrey that nothing can be done but he must have a hand in it My Lords I think I need say no more of him your Lordships time is precious too precious indeed to be spent upon such a Subject and so I set him aside My Lords there is a thing that I perceive the King's Counsel lay a great weight upon and that is my going down upon the 27 th day of May and my frequent riding Post to and fro I shall now satisfie your Lordships of the Reasons of my Journeys The first time which was betwixt the Coronation and the sitting of the Parliament was upon this reason I went down to take possession upon a Lease of a considerable value which was renewed to me by the Bishop I did not think of going down at that time so soon but I had word wrote me out of the Countrey that the Bishop was ill and that obliged me in point of Interest to make haste down And this I shall prove by one that was Attorny for me and another that was a witness of my taking Possession And for this I first call Mr. John Edmonds who came in Pray Sir will you tell his Grace and my Lords what you know of my coming down into the Countrey in the beginning of May and upon what account and what time it was Mr. Edmonds May it please your Lordship upon the 5 th of May my Lord Delamere did me the Honour to come to my House and he stayed there a little while and desired me to be a Witness of his takeing possession upon a Lease of my Lord Bishop of Chester's and we went into the House that was next to mine which was 〈◊〉 and there did take Possession L. H. Stew. Where is your house Mr. Edmonds At Boden in Cheshire L. H. Stew. When was this do you say Mr. Edmonds The 5 th of May. L. Delamere Pray Sir will you satisfie my Lord whether the Bishop was not ill at that time Mr. Edmonds My Lord I had been a little before at Chester and hearing my Lord Bishop was not very well I went to Mr. Allen and told him I was desirous to see my Lord and speak with him if I might he told me my Lord was so ill that he would speak with no body L. H. Stew. Was it a Lease for Years or a Lease for Lives Mr. Edmonds It was a Lease for Lives L. H. Stew. Then that might require my Lord's takeing Possession Who do you call next My Lord L. Delamere Mr. Henry L. H. Stew. What do you ask this Man My Lord L. Delamere Pray will you give his Grace and my Lords an account whether you were not Attorney and delivered me Possession upon the Lease of my Lord Bishop of Chester Mr. Henry My Lord I was Attorney by appointment and the 5 th of May last I delivered Possession to my Lord Delamere at one of the most remarkable places of the Land that belonged to that Lease of the Bishop L. Delamere My Lords I hope this a satisfactory reason for my going down at that time the Bishop being ill and the Lease being worth 6 or 7000 l. The next time that I have to speak to is That of my going the 27 th of May And for that I give this answer I did go out of Town the 27 th of May The occasion of my going was I had taken up a resolution before to go see my Child that was not well but I had not taken
Stew. Where did you part with my Lord Delamere and when Edlin Upon Thursday the 28 th of May at Hitchin L. H. Stew. What time of the day was it when you parted Edlin It was about 10 of the Clock L. H. Stew. He went forward Post into Cheshire did he not Edlin He did not go Post I suppose for he went upon his own Horse L. H. Stew. Did he go upon his own Horse Edlin It was the same Horse he went to Hitchin upon L. H. Stew. Have you any more Witnesses my Lord L. Delamere No My Lord I hope I have given their Lordships satisfaction in all points and need to give no further Evidence L. H. Stew. Have you any thing more then to say My Lord L. Delamere My Lords I acknowledge I did go at that time privately a By-Road and by the name of Brown and as for Jones who it is said came from Holland that day I appeal to him himself and I call God to Witness I never saw the man before now in my life nay till after I was made a Prisoner upon this account I never so much as heard of his Name and your Lordships see by the Proofs that all that has been said against me except what this Fellow Saxon has testified is but hearsay nay indeed but hearsay upon hearsay at the third and fourth hand My Lords if People will make use of my name and say this and that and the other and among themselves talk of Messages sent to me can I or any man in the world help it at this rate who can be innocent If a man must be guilty because others intend to draw him into Treason For there is no more in the utmost that this proof can amount unto It is at the pleasure of any two men in the world to take away the Lives Honours and Estates of any of your Lordships if it be a proof sufficient to make you guilty of Treason for them to swear you were intended to be drawn into Treason And my Lords as to the truth of the thing it self that there was any Message or Correspondence between the late D. of Monmouth and me I call God to witness I have neither wrote nor sent Letter or Message to him or received Letter or Message from him this 3 years I cannot tell what expectation he might have concerning me or any body else It is very probable he might have expectation of assistance from some body and that without such expectations he would not have made the attempt he did But my Lords all that is nothing to me I had no correspondence either by Letters or Messages with him so that all that has been said upon that point of his expectation and what he declared I must give the same answer to that I gave to the Evidence about Jones's Message That admitting it to be true he did declare so yet no proof being made of an actual correspondence it is no more but only an intention in him to draw men into the Commission of Treason and if that be allow'd for proof of guilt I must repeat it again there 's no man can be innocent Upon the whole matter my Lord I must leave my Case to the consideration of your Lordships I am not Master of so much Law or Rhetorick as the Kings Counsel to plead in my own Cause and I have had but little time to recollect and apply my defence to my accusation but I hope what Evidence I have offered has given your Lordships full satisfaction that I am not guilty of what I stand charged with And after all that has been said my Lords I would beg your Lordships to consider this that if in case I were guilty of these things and were conscious to my self of having been ingaged in an Affair of this nature can any man imagine I could have been so hardy as to have surrendred my self upon the Kings Proclamation nay if I with those other two Gentlemen that he has named had had any transactions of this kind with such a Fellow as he has been made appear to be by his Neighbours that must needs be thought a man of no Faith because of no Reputation tho' he gives himself a great Character as a man of great Interest of wonderful dispatch and dexterity in the management of such matters so as at first sight to put this large confidence in him Can it be imagined I so little regarded my own Life and all that is dear to me as to have surrendred my self were it not that I was certain of my own innocence and integrity Life it self my Lords is to be preferred above all things but Honour and Innocence And Job saith Skin for skin and all that a man hath will he give for his life and why should I be presumed to have so little a value for it as voluntarily to deliver up my self to destruction had I been conscious that there was any one who could really testifie any thing that could hurt me Besides My Lords this very Fellow Saxon is but one Evidence and how far you will believe him I must submit it to you but surely one Witness will never be sufficient to convict a man of Treason tho' thousands of hear-says and such trival circumstances be tacked to it especially when they are tacked to an Evidence which I dare say your Lordships are far from thinking it deserves any Credit My Lords I desire your leave to ask this one Question Would not any of your Lordships think himself in a bad condition as to his Fortune if he could produce no better Evidence to prove his Title to his Estate than what has been produced against me this day to take away my Life and if such Evidence as this would not be sufficient to support a Title to an Estate certainly it can never be thought sufficient to deprive a man of Life Honour Estate and all My Lords I am not the only Man that has been or may be falsely accused God knows how soon the misfortune of a False Accusation may fall to the Lot of any of your Lordships I pray God it never may but since that may happen I question not but your Lordships will be very cautious how by an easy Credulity you give incouragement to such a wickedness For Knights of the Post will not end in my Tryal if they prosper in their Villany and perhaps it may come home to some of your Lordships if such practices be incouraged as I cannot but firmly believe they will not My Lords the Eyes of all the Nation are upon your Proceedings this day Nay I may say your Lordships are now Judging the cause of every man in England that shall happen to come under like Circumstances with my Self at any time hereafter For accordingly as you judge of me now just so will inferior Courts be directed to give their Judgments in like Cases in time to come Your Lordships very well know Blood once spilt can never be
up and he was not to open it till he came to Sea and when he did open it he found it contained a Signification of the Place where he was to Land and where he was to Rendezvouz which was Taunton and who were the Persons that were to have Notice of it among whose Names we find my Lord Delamere's to be one but he does likewise tell you he was not the man that was to carry the Message to these Persons but he was to deliver it to Matthews or Wildman and they were to transmit it to the other Persons He tells you likewise That when he came to Town which was the 27 th of May he met neither with Matthews nor Major Wildman whereupon being at a loss what he should do with his Message for want of those other Persons he acquainted Disney that was Executed with his Errand who promised to take care that it should be delivered This My Lords is all Jones's Evidence for Jones does not say that he himself acquainted or that Disney did acquaint my Lord Delamere with the Message But here My Lord is the main Circumstance that renders the matter suspicious That very Night that Jones came to Town and Disney being acquainted with the Message had undertaken to get it delivered does my Lord Delamere at Ten of the Clock at Night go out of Town in the Company of two Friends under the Disguise of the Name of Brown and a Bye-Road and so goes down to his own House in Cheshire This I say is the Circumstance that renders the thing suspicious Now my Lords if we do prove by such sufficient Evidence as may make the matter manifest to you that my Lord Delamere had Notice of Jones's Message for upon that Point the Case will turn whether he had Notice such a Message was brought that such things were in agitation such Preparations made and that they were all to go into the Country then I say his going down is a violent Presumption he had an intent to comply with the Message and joyn in the Design But now My Lords comes the Question the main Question How is it made out that he had Notice Jones brought such a Message Jones indeed My Lords does not say that he himself imparted it to him or that Disney told him he had Communicated it but I think there is another Witness and that is Storey who saith That Brand one that knew of the Message did acquaint him that my Lord had received it at the Coffee-House and that Night went out of Town It is true My Lords this is but a Hear-say but that which followed being matter of Fact my Lord 's going out of Town that Night so late in the Night and in such an unusual suspicious manner gives more Credit to the Relation than as a bare Hear-say could have of it self For unless there be some good account given of my Lords thus going out of Town it is a kind of necessary Presumption that he acquainted with the Message part of which was That he should go out of Town and if so it can have no other Construction with Submission than to be in pursuance of and complying with the Directions that that Message brought him from the Duke of Monmouth My Lords to carry this a little further there were two Witnesses produced that went out of Town with him they seem indeed unwillingly to give their Evidence but I shall faithfully repeat what Testimony they gave Their Names were Vaux and Edlin Vaux he saith he met my Lord Delamere at the Rummer-Tavern in Queen-street the 26 th day of May which was the day before Jones came to Town and that then he appointed to go out of Town the next day which was the 27th and accordingly he did go Edlin he saith he met Vaux at the Custom-House upon the 27th of May in the Morning and being desired by him to go with him out of Town he did so and there was with him a Gentleman whose Name was Brown and who now appears to be my Lord Delamere they went in Company with him as far as Hitchin where they left him upon Thursday the 28th at Noon This Evidence is produced to shew That my Lord did go out of Town at that time and in that manner as has been alledged and that these Persons went with him to conduct him a private way that he should not go the common Road. Your Lordships will consider what Answer hath been given to this and what account my Lord Delamere has given of himself Another thing my Lords that renders this matter suspicious is the Name which my Lord was pleased to assume to disguise himself by it being a Name by which the Party use to call my Lord in their Discourses of him And to prove that we have likewise produced two Witnesses Babington and Paunceford Babington he says That in their Consultations there were Discourses of my Lord Delamere under the Name of Brown and once at a Tavern when my Lord Delamere was named by one in the Company he was presently catched up for it and replied to You mean Mr. Brown and so it seems that was the Canting Name under which they discoursed of my Lord Delamere The other Witness Paunceford he tells you That being at Disney's House and concerned with him in the printing the Late Duke of Monmouth's Declarations for the printing of which Disney was Executed one Lock came for some of those Declarations for Mr. Brown and they were to be sent into Cheshire so that though your Lordships observe the Witness saith some body else was called by the Name of Brown yet you have had no account given you that there was any other Brown in Cheshire It is true indeed My Lords that these are only things that Disney said and Lock said But I must take leave to say it is very suspicious that if my Lord went out of Town into Cheshire under the Name of Brown and some Persons shall on the behalf of Brown come for Declarations to be sent into Cheshire and my Lord commonly in that Parly go by the Name of Brown that those Declarations were for my Lord and that will be a great Evidence of his Correspondence with Monmouth But I confess My Lords all this while our Proof is Circumstantial and indeed there is no positive Proof but that of Saxon and in him our Proof must center for without him I must acknowledge nothing that has been offered will be Proof against my Lord upon this Indictment for bare Circumstances and bare Suspicions will be no Proof against any Man but such as are violent and necessary and those joyned to a positive Proof such as the Law requires Now then My Lords I come to the Consideration of what weight and stress is to be laid upon this positive Evidence of Saxons And here I must confess there are objections made to this Testimony to which I cannot readily give an Answer for Saxon has sworn that he was there
at such a time and that he was sent for and entertain'd as a Person recommended by my Lord Brandon as fit to be intrusted with the Secret and capable of being imployed to stir up the Country in order to the prosecution of a Design they had on foot to raise a Rebellion and he does Charge Sir Robert Cotton and Mr. Crew Offley to have been there at the same time The Evidence My Lords that has been produced to falsifie this positive Witness in the point of Sir Robert Cotton's being there has been by Five or Six Witnesses who testifie Sir Robert Cotton's being in Town and not elsewhere from the 10th of April to the latter end of July and I do not see what we have to say in answer to their Testimony I must agree the Proof to be full in that Point and if the Evidence they give be true I cannot say that Saxon's Evividence can be true in that Point Likewise as to Mr. Offley Sir Willoughby Aston and others have testified that he was not at my Lord Delamere's at the time Saxon speaks of For he gives you an account where he was every day from the 26th of May to the 4th of June and his own Servants bring him to his own House upon the 4th of June in the Evening which is quite another way than from Sir Willoughby Aston's to my Lord Delamere's If this likewise be true what Saxons says cannot be true I must agree it There is another thing that is offered on my Lord Delamere's part That he was himself in Town at that time that Saxon sayes he was at Mere But here indeed the matter seems to be a little more strange and dubious that my Lord should make so much hast down as to go out late at Night and so cautiously as to go by a wrong Name and yet to ride to Town again the Post-way to be here just the 3d of June when Saxon swears he was in Cheshire I must confess there is the Proof of his two Brothers that say They saw him in Town the 3 d and 4 th of June There is likewise some account given of his going out of Town that it was upon a Message received from his Mother that his Child in the Countrey was sick and indeed he did go a By-way and change his name for fear of a Warrant in a Messengers hands that was out against him to apprehend him Now My Lords I do not hear any thing that has been offered that there was any such Warrant or any discourse to ground that apprehension upon My Lord had the first and only apprehension of a Warrant but upon what Reasons he himself best knows This apprehension made him go out of Town so privately he sayes because he would not be prevented of seeing his sick Child But how comes it to pass that my Lord makes such a speedy Return By the Proofs it appears he did not get there till Sunday Night and upon the Tuesday Morning comes Post for London The account that he gives of that is this His hast was to see another Child that was here sick in Town For he had received an express from his Wife upon the Monday to acquaint him that the Coast was clear and there was no Warrant out against him but if he intended to see his Child alive he must make hast up to Town and accordingly upon the Tuesday morning early he sets out and upon the Wednesday in the Evening is here in Town again But with submission My Lords there is no good Account given by this noble Lord what reason there was for so many Post-Journeys backward and forward as had been testified he to have made within a very little compass of time for besides this of his return Post upon the 2 d of June there is only an Answer given to one of the rest which is That of the 5 th of May when he saith he went to take possession of the Land that he held by a Lease then renewed to him by the Bishop which being of some Value and Consideration to his Lordship and the Bishop being sick he thought it necessary to go down Post himself and would not be content to receive Livery by Attornment This is the only answer that is given to all those times of his riding Post that have been given in Evidence These are matters of Suspicion that are offered to your Lordships but I confess matters of Suspicion only unless clear positive probable Proof be joyned with them will not weigh with your Lordships to convict a man of High-Treason where two Witnesses are required But whether these matters of Suspicion be such violent and necessary Presumptions as tend to fortifie the positive Testimony I must leave that to the Consideration of your Lordships Lord High Steward You do not call any more Witnesses then I perceive Mr. Soll. General No My Lord. Lord High Steward My Lords it has not been usual of late for those who have sate in the place where I now am upon those Occasions to give you Lordships any trouble in repeating or observing upon the Evidence In this Case the Evidence that hath been given has been very long and it would be too great a Presumption in me should I have any manner of doubt in the least that either your Lordships have not well observed it or the Learned Counsel for the King have been defective in collecting or remarking upon it so as to need my Assistance But my Lords I confess there is something I cannot omit taking notice of not for your Lordships sakes but for the sake of this numerous and great Auditory that one mistake in point of Law might not go unrectified which seemed to be urged with some earnestness by the Noble Lord at the Barr That there is a necessity in point of Law that there should be two Positive Witnesses to convict a man of Treason He seemed to lay a great stress upon that but certainly his Lordship is under a great mistake as to the Law in that Point for without all doubt what was urged in answer to this Objection by that Learned Gentleman that concluded for the King is true There may be such other substantial Circumstances joyned to one Positive Testimony that by the Opinion of all the Judges of England several times has been adjudged and held to be a sufficient Proof As for the purpose in this Case suppose your Lordships upon the Evidence that has been given here this day should believe Saxon swears true who is a Positive Witness and shall then likewise believe that there was that Circumstance of Jones's coming over from Holland with such a Message upon the 27 th of May which is directly sworn in Evidence you are the Judges of that Evidence and what the other Witnesses have sworn likewise and is not denied by my Lord the Prisoner at the Barr that he went out of Town that Night changed his Name and went an indirect By-Road certainly these
Circumstances if your Lordships be satisfied he went for that purpose do necessarily knit the positive Testimony of Saxon and amount to a second Witness That is if Saxon's positive Testimony be true then suppose all these Circumstances that gove the Jealousie do make up a strong presumption to joyn with the positive Evidence of Saxon then you have two witnesses as the Law requires especially if the answer given by the Prisoner to those Circumstances be not sufficient as the slender account he gives of his so frequent Journeys in so short a compass of time but that there still remains some Suspicion I could have wished indeed that matter might have been made somewhat more clear that no shadow of Suspicion might remain Your Lordships are Judges And if you do not believe the Testimony of Saxon whose Testimony hath been so positively contradicted by divers Witnesses of Quality the Prisoner ought to be acquitted of this Indictment If your Lordships please You may go together and consider of it Lords Ay withdraw withdray Then the Peers withdrew in their order according to their Precedency with the Serjeant at Arms before them Lord High Steward Lieutenant of the Tower take your Prisoner from the Barr The Prisoner was taken into the little Room appointed for him at the entrance into the Court. The Peers staid out about half an hour and then returned in the same Order that they went out in and Seated themselves in their places as before Cl. Crown Serjeant at Arms take the appearance of the Peers Lawrence Earl of Rochester Lord High Treasurer of England He stood up uncovered and answered Lord Treasurer Here. And so did all the rest Lord High Steward My Lords are you agreed of your Verdict Lords Yes The Lord High Steward took their Verdict Seriatim beginning with the puisue Peer in this manner Lord High Steward How say you my Lord Churchill is Henry Baron of Delamere guilty of the High Treason whereof he stands Indicted and hath been Arraigned or not guilty The Lord Churchill stood up uncovered and laying his hand on his Breast answered Lord Churchill Not guilty upon my Honour And so did all the rest of the Peers Lord High Steward Lieutenant of the Tower bring your Prisoner to the Barr. The Prisoner was brought again to the Barr. Lord High Steward My Lord Delamere I am to acquaint you that my Noble Lords your Peers having considered of the Evidence that hath been given both against you and for you after they were withdrawn have returned and agreed of their Verdict and by that Verdict have unanimously declared that you are not guilty of the High-Treason whereof you have been Indicted and this day Arraigned And therefore I must discharge you of it Lord Delamere May it please your Grace I shall pray to Almighty God that he will please to give me a Heart to be Thankful to him for his Mercy and my Lords for their Justice And I pray God deliver their Lordships and all honest men from Wicked and Malitious Lying and False Testimony I pray God bless His Majesty and Long may he Reign Lord High Steward And I pray God continue to him his Loyal Peers and all other his Loyal Subjects Cl. Crown Serjeant at Arms make Proclamation Serjeant at Arms. Oyes My Lord High Steward of England his Grace straightly willeth and commandeth all manner of Persons here present to depart hence in Gods Peace and the Kings for his Grace my Lord High Steward of England now dissolves his Commission GOD SAVE THE KING At which words his Grace taking the white Staff from the Vsher of the Black Rodd held it over his own Head and broke it in two Thereby dissolving the Court FINIS