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

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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
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
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
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