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lord_n	aforesaid_a	king_n	say_a	23,782	5	7.5787	4	false

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

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

he humbly conceives by the Law and Custom of Parliament which is part of the Law and Custom of the Land ought not to proceed against him upon the said Indictment but his said Cause ought wholly to be determined and adjudged in the said House of Peers and not elsewhere as in like Cases has been formerly done Secondly Whereas it is the Right and Privilege of the Peerage of this Realm That no Peer thereof ought to be tryed or proceeded against for High Treason during the continuance of the Parliament except in the said House of Peers and before the whole Body of the Peers there And whereas the aforesaid Parliament is now continuing by Prorogation until the tenth day of February next abovesaid the said Henry Lord Delamere humbly conceives that by the Law and Custom of Parliament hitherto used which is part of the Law and Custom of the Realm he ought not nor can be tryed before your Lordships for the said Treasons because the said Parliament is still continuing and not dissolved And lastly The said Henry Lord Delamere doth further say That he is the same Henry Lord Delamere mentioned in the Commitment Petitions Messages Answers and Indictment now read unto him and the said Treason for which he was committed is the same Treason mentioned in the Commitment Petition Messages Answers and Indictment as aforesaid To which said Indictment he humbly conceives he is not bound by Law to make any further or other Answer L. Delamere May it please your Grace and you my Noble Lords I do not offer this Plea out of any diffidence or distrust in my Cause nor out of any dislike I have to any of your Lordships that are here Summoned to be my Tryers I cannot hope to stand before any more just and Noble nor can I wish to stand before any others but your Grace and my Lords will pardon me if I insist upon it because I apprehend it a Right and Priviledge doe to all the Peerage of England which as it is against the Duty of every Peer to betray or forgoe so it is not in the power of any One or more to wave it or give it up without the consent of the whole Body of the Peers every one of them being equally interested This my Lord I humbly demand as my Right and Priviledge as a Peer of England and submit to the direction of your Grace and my Noble Lords L. H. Steward What say you to it Mr. Attorney Mr. Attor General May it please your Grace This Plea that is here offered by this Noble Lord is a Plea to the Jurisdiction but with submission it needs very little answer for it has very little in it The Force of the Plea is That he ought to be tryed by the whole Body of the House of Peers in Parliament because the Parliament is still continuing being under a Prorogation and not dissolved and because there was some agitation of the matter concerning this Prosecution upon his Petition in the House of Lords and therefore it concludes That he ought not to be tryed by your Grace and these Noble Lords upon this Commission but by all the Lords in Parliament With submission my Lord This is contrary to all the antient Precedents and against the known Rules of Law for the Law is If the King pleases to try a Peer in Parliament then the Record may be brought into the House and there they proceed as in other Cases and all the Peers are Judges Thus it is in the time of a Session of Parliament but if the Parliament be prorogued there are many instances and indeed none to the contrary that after a Prorogation the Proceedings are before the High Steward by Commission And as to the other part of the Case I have this to say to it That there is nothing at all depending in the House of Lords that can oust this Court of the Jurisdiction for there was not so much as any Indictment returned there no nor so much as found during the Session of Parliament All the agitation was only upon my Lords Petition and the King's Answer that he intended as speedy a Prosecution as could be Besides my Lord your Grace sees it is a Plea in paper and in English without any Councels hand and therefore I hope your Grace does not expect that I should formally demur to a Plea in this form and that contains no more of Substance in it But I must desire your Grace to over-rule it and that the Prisoner may plead in chief L. Delamere My Lord I humbly pray that I may have Councel assigned me to put my Plea into Form and to argue the matter of it L. H. Steward My Lord Delamere I am sure I ought and ever shall be as tender of the Priviledges of the Peers of England as any other Person whatsoever For I am concerned as well in interest as inclination so to be having the honour to be one my self But I know your Lordship will not think the Priviledge of the Peers is concerned in this matter nor will your Lordship I dare say insist upon matters that are purely dilatory if your Lordship be satisfied that they are so And therefore give me leave my Lord to mind you of a few things whereby your Lordship will easily see That the chief things on which you insist are grounded upon mistakes First You say The House of Peers was possessed of the Cause which could not be and I will tell you why Because there was no Indictment ever removed thither or lodged there Which plainly proves that the Lords were never possessed of the Cause Nor indeed was the Bill found upon which you are now arraigned till after the Prorogation of the Parliament So that they could never come to be possessed of this matter These are mistakes in Point of Fact and your Lordship cannot but well know them to be so And there is as great a mistake in the Law That during the continuance of a Parliament though it were prorogued yet if not dissolved a Peer cannot be tryed but by the House of Lords This certainly is a very strange Doctrine and is not only against the reason and methods of Law but contrary even to your Lordships own experience For your Lordship cannot but very well remember that during the continuance of the Parliament after a Prorogation the Lord Cornwallis was tryed before the High Steward and such a number of Peers as were then summoned upon such a Commission as I now sit here by But indeed during the Sitting of the Parliament then all the Peers are both Tryers and Judges as was in the Cases of my Lord Stafford and my Lord of Pembroke they being a Court of Judicature then actually sitting and therefore this Plea is grounded as upon mistake in Fact so upon a mistake in point of Law So that though as I said at first it is both my duty and interest to preserve the priviledges of the Peers yet I must take

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