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

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THE TRYAL AND CONVICTION OF S r. Sam Bernardiston Bar t. FOR HIGH-MISDEMEANOR AT The Session of NISI PRIVS Holden at GUILD-HALL LONDON For his Majesties Court of KINGS BENCH Before the Right Honorable Sir George Jeffreys KNIGHT and BARONET Lord Chief Justice of ENGLAND On Thursday Feb. 14. 1683. LONDON Printed for Benjamin Tooke at the Ship in S. Pauls Church-Yard 1684. I Do Appoint Benjamin Tooke to Print the TRYAL of Sir Samuel Bernardiston Baronet and order that no other Person presume to Print the same Geo. Jeffreys THE TRYAL AND CONVICTION OF Sir SAM BERNARDISTON BARONET FOR HIGH-MISDEMEANOR AT The Session of NISI PRIVS Holden at GUILD-HALL LONDON THere being in Hillary Term last an information in the Court of Kings-Bench preferred by his Majesties Attorny General against Sir Samuel Bernardiston for a very great Misdemeanor upon Oath made that he was so extreamly indisposed that he could not appear in Person without danger of his life the Court were pleased to respite his Recognizance which he by order of the Lords of his Majesties most Honourable Privy Council entered into the last Vacation to appear in this Court the First day of this Term and to allow him the liberty of Pleading to the Information by Attorney which he did And Thursday the 14th of February 1683. being the Session of Nisi Prius after the Term holden for the City of London and County of the same was appointed for the Tryal of this Cause and accordingly then the same came on and was tryed before the Right Honourable Sir George Jeffreys Knight and Baronet Lord Chief Justice of his Majesties Court of Kings-Bench in this manner Clerk Call away Cryer Cryer You good men of Nisi prius summoned to appear here this day between our Sovereign Lord the King and Sir Samuel Bernardiston Baronet answer to your Names and save your Issues Cl. Thomas Vernon and his Fellows Vous avez plein Inquest Call the Defendant Sir Samuel Bernardiston Cryer Sir Samuel Bernardiston come forth or this Inquest shall be taken by your default Mr. Williams He appears Cl. Gardez vostres Challenges Swear Thomas Vernon Cr. You shall well and truely try this Issue between our Sovereign Lord the King and Sir Samuel Bernardiston according to your Evidence So help you God Cl. Percival Gilburn who was Sworn and so the rest The Names of the Twelve were these Thomas Vernon Jur. Percival Gilburn Jur. Edward Bovery Jur. William Withers Sen. Jur. James Wood Jur. Robert Masters Jur. Samuel Newton Jur. George Torriano Jur. Kenelm Smith Jur. Thomas Goddard Jur. Thomas Amy and Jur. Richard Blackburn Jur. Then they were counted and Proclamation made for Information in usual manner Mr. Poultney May it please your Lordship and you Gentlemen of the Jury this Cause is between the King and Sir Samuel Bernardiston and it is upon an Information exhibited by Mr. Attorney General wherein he sets forth That there having been lately a Horrid Plot discovered as appears by the Convictions of those that have suffered justly for it and by the Evidence that has been given of it has been made so apparent that I do not question but that no man but who either has a hand in it or else bears a good will to it doth at all scruple the belief of it Sir Samuel Bernardiston the Defendant intending to scandalize and vilifie the Evidence wrote a Letter wherein are contained these Sentences The return of the Duke of Monmouth to White-Hall and his being received into extraordinary Favour of his Majesty hath made a strange alteration of affairs at Court for those that before spake of him very indecently now court cringe and creep to him His Grace complained to the King of the scandalous misrepresentation that was made of him in the Mondays Gazette upon which the Gazetter was called to accompt for it who alledged for himself that a Person of great Quality sent him in writing the words therein recited commanding him to put them in the Gazette Yesterday being the last day of the Term all the Prisoners that were in the Tower upon the late Sham Protestant-Plot were discharged upon Bayl. Mr. Bradon who prosecuted the Murther of the Earl of Essex the Information put in against him in the Kings-Bench by Mr. Attorney for a pretended Subornation c. was not prosecuted and his Bail was discharged And the passing Sentence upon the Author of Julian the Apostate and the Printer of the late Lord Russels Speech was passed over with silence Great applications are made to his Majesty for the pardoning Mr. Sidney in the Tower which is believed will be attained and that he will be banished The Lord Howard appears despicable in the eyes of all men he is under guard at White-Hall and 't is believed will be sent to the Tower for that the Duke of Monmouth will accuse him concerning the Testimony he hath given and the Papists and High Tories are quite down in the mouth their Pride is abated themselves and their Plot confounded but their Malice is not aswaged T is generally said the Earl of Essex was murthered The brave Lord Russel is afresh lamented The Plot is lost here except you in the Country can find it out amongst the Adressers and Abhorrers This sudden turn is an amazement to all men and must produce some strange events which a little time will shew And then he goes on further and saies in another Letter these words I am to answer yours of the 27 and 29 th past and truly I cannot but with great sorrow lament the loss of our good Friend honest Mr. John Wright but with patience we must submit to the Almighty who can as well raise up Instruments to do his work as change hearts of which we have so great an instance in the business of the Duke of Monmouth that no Age or History can parallel I am now throughly satisfied that what was printed in the Mondays Gazette is utterly false and you will see it publickly declared so shortly The King is never pleased but when he is with him hath commanded all the Privy Council to wait upon him and happy is he that hath most of his favour His Pardon was sealed and delivered to him last Wednesday 'T is said he will be restored to be Master of the Horse and be called into the Council Table and to all his other places and 't is reported he will be made Captain General of all the Forces and Lord High Admiral c. he treats all his old Friends that daily visit him with great Civilities they are all satisfied with his integrity and if God spares his life doubt not but he will be an Instrument of much good to the King ' and Kingdom He said publickly That he knew my Lord Russel was as Loyal a Subject as any in England and that His Majesty believed the same now I intend shortly to wait on him my self It would make you laugh to see how strangely our High-Tories and
but writ by his Order Osland I transcribed it by his special Order For he came to me and gave me a Letter says he Go and make a Copy of this Letter Mr. Recorder And you did transcribe it exactly as it was in the Paper he gave you Osland I examined it after I had writ it my self and read it over again L. Ch. Just What did you write it out of Osland A Copy he gave me L. Ch. Just Was that Copy his Hand-writing Osland I did not see him write it but I believe it to be his writing L. Ch. Just Come read it Clerk reads Sir The return of the Duke of Monmouth to White-Hall and his being received into extraordinary favour of His Majesty hath made a strange alteration of Affairs at Court For those that before spake of him very indecently now court cringe and creep to him His Grace complained to the King of the scandalous misrepresentation that was made of him in the Mondays Gazette upon which the Gazetter was called to accompt for it who alleadged for himself That a Person of great Quality sent him in writing the Words therein recited commanding him to put them in the Gazette Yesterday being the last day of the Term all the Prisoners that were in the Tower upon the late sham Protestant Plot were discharged upon Bail Mr. Bradden who prosecuted the murder of the Earl of Essex the Information put in against him in the Kings Bench by Mr. Attorney for a pretended subornation c. was not prosecuted and his Bail was discharged And the passing Sentence upon the Author of Julian the Apostate and the Printer of the late Lord Russel's Speech was passed over with silence Great applications are made to his Majesty for the pardoning Mr. Sidney in the Tower which is believed will be attained and that he will be banished The Lord Howard appears despicable in the Eyes of all men he is under a Guard at White-Hall and believed he will be sent to the Tower for that the D. of M. will accuse him concerning the Testimony he hath given c. The Papists and high Tories are quite down in the mouth their Pride is abated themselves and their Plot confounded but their malice is not asswaged 'T is generally said the Earl of Essex was murdered the brave Lord Russel is afresh lamented The Plot is lost here except you in the Country can find it out amongst the Addressors and Abborrers This sudden turn is an amazement to all men and must produce some strange Events which a little time will shew Mr. Recorder Now go on to the next The second Letter Clerk Reads This is directed To Sir Philip Skippon Knight at Ipswich Suffolk L. Ch. Just That is one of his own writing Mr. Recorder Yes my Lord. Clerk It is dated London the primo December 1683. Dear Sir I am to answer Yours of the 27th and 29th past and truly I cannot but with great sorrow lament the loss of our good Friend honest Mr. John Wright but with patience we must submit to the Almighty who can as well raise up Instruments to do his Work as change Hearts of which we have so great an Instance in the business of the Duke of Monmouth that no Age or History can parallel I am now throughly satisfied that what was Printed in the Mondays Gazette is utterly false and you will see it publickly so declared shortly The King is never pleased but when he is with him hath commanded all the Privy Council to wait upon him and happy is he that hath most of his favor His Pardon was sealed and delivered to him last Wednesday 'T is said he will be restored to be Master of the Horse and be called into the Council Table and to all his other Places· And 't is reported he will be made Captain General of all the Forces and Lord High Admiral c. He treats all his old Friends that daily visit him with great Civilities they are all satisfied with his Integrity and if God spares his Life doubt not but he will be an Instrument of much good to the King and Kingdom He said publickly that he knew my Lord Russel was as Loyal a Subject as any in England and that His Majesty believed the same now I intend shortly to wait on him my self It would make make you laugh to see how strangely our high Tories and Clergy are mortified their Countenance speaks it Were my Shesorary to be moved for now it would be readily granted Sir George is grown very humble 'T is said Mr. Sidney is reprieved for 40 days which bodes well Mr. Kedder sat with me sometime this Evening L. Ch. Just There is no more in the Record Mr. Recorder No my Lord. Then go on to the third Clerk This is directed For Mr. Edward Gael Linnen Draper at Ipswich Mr. Williams Is it likely he should write these Letters to a Draper L. Ch. J. It is it seems the ordinary riff-raff he writes He thinks it not below him to keep a Correspondence with all the scoundrels of his Party in the Country Mr. Recorder Ay all sorts of Trades he is acquainted with Clerk It is dated the primo December 1683. Reads Mr. Gael This Evening Mr. Kedder came and sat with me L. Ch. J. Will you have it all read Mr. Williams No my Lord we do not desire it L. Ch. J. Then read what is in the Record Mr. Recorder Look where that Passage begins The late Change Clerk Where is it Sir It is not marked L. Ch. J. If you cannot find it out then read the whole Clerk Reads Mr. Gael This Evening Mr. Kedder came and sat with me when acquainted him what you and others writ me in reference to himself as also of the Death of Mr. Wright which he was sorry for He protested if could perswade his Wife he would accept of Ipswich choice notwithstanding all the Discouragement he had met with One more he acquainted me with that had seen a Letter from Mr. Cutliffe to Dr. Clegat extreamly discouraging him from coming to Ipswich where if he did come said would find himself mistaken for that would never enjoy quietness or peace notwithstanding his Balsamick temper c. as he call'd it These things frights Mr. Kedder who I am now perswading so soon as is up again to go down for a month or two and then if doth not like the place and people may return hither again This I resolve to press hard on Monday when have promised to Dine with me as also Mr. Hodges Be confident I shall think nothing too much to effect this Business though one or other still pulls down as fast as I build up Here is now a Door of Incouragement opened for sober men to come into publick Employment You will undo the Town of Ipswich if you bring not sober men into play For Gods sake consider of it Perswade Mr. Snelling or some sober men to come in their two Ports-mens places void