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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
B08651 The case of the Earl of Macclesfield, against Mr. John Starkey, who while be served as a jury-man, published a malicious libel against the said Earl and others, contrary to law, and all pretence of colours from the office of jury-man. 1685 (1685) Wing C1066A; ESTC R173444 3,983 4

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The CASE of the EARL of MACCLESFIELD against Mr. John Starkey who while he served as a Jury-Man published a malicious Libel against the said Earl and others contrary to Law and all Pretence of Colour from the Office of Jury-Man Mr. STARKEY and others of the Grand Jury at Chester Mich. 1683 subscribed and published a form of a Presentment in Paper brought them ready drawn by five of their Fellows in the Words following WE the Grand Jury sworn to enquire for the Body of the County of Chester at the Assizes held in the Common Hall of Pleas in the Castle of Chester upon Monday the 17th Day of September in the 35th Year of his now Majesties Reign and in the Year of our Lord 1683 having heard his Majesties Declaration to all his loving Subjects concerning the treasonable Conspiracy against his sacred Person and Government lately discovered openly read to us in Sessions by order of the Court as well as in our respective Parish-Churches by Royal Command and seriously considering the Extensiveness of the said Conspiracy and dreadful Consequences thereof had it taken effect since Notions of Sedition and Rebellion have been cultivated to such an amazing Height that some have not only dared to draw them into Practice in their Lives but to propagate them with their latest Breath by devilish Insinuations of their Consistence with Religion and Law We conceive it high time to manifest our Separation from such Persons and Principles their Favourers and Abettors with the Detestation of that dreadful Climax the Bill of Exclusion treasonous Association Ignoramus Juries and seducing Perambulations by which the Accomplices advanced towards their intended Assassination and Massacre which barbarous Design it cannot be imagined that fourty or the Councel of any six durst undertake without confident Reliance on Confederate Auxiliaries and not knowing the Latitude of such dire Combinations but heedful to our present Charge and Duty with the indispensable Obligations the Oaths of Allegiance and Supremacy lay upon all We hold our selves bound in this distempered Juncture of Affairs to present that we have strong Apprehensions of Danger from a dissatisfied Party in this County who not only shewed their Defection openly by an Address made to Henry Booth Esq and Sir Robert Cotton Knight and Baronet at the last Election of Knights of the Shire tending to alter the Succession of the Crown with other dangerous and seditious Purports giving Assurance of standing by them in that Design without respecting their Oath of Allegiance to the King and his Heirs but also by their several Meetings and Cabals since which administer greater Suspicion from the store of Arms many of them were provided with and for that the same Persons unanimously assembled with Schismaticks and disaffected in the publick Reception of James Duke of Monmouth who has appeared a prime Confederate in the late treasonable Conspiracy the Concourse of armed Persons then attending him especially in and near several populous Towns in this County where they invited and instigated the Rabble in a broad Mixture of various Sectaries with superfluous Joy and popular Noise tumulted on that occasion has had an evil Influence on this yet unsetled County and brought a Terror upon his Majesties good and peaceable Subjects For Remedy whereof with Relation to the publick Peace and to prevent as far as in us lies the spreading of such Contagion as also to wash our Hands from all Misprision by concealing Proceedings that may encourage greater Evils in other parts of his Majesties Dominions We conceive it expedient that the principal Persons who promoted the aforesaid seditious Address and also those who were notorious in Comforting Aiding and Abetting in the routous Reception and Entertainment of the said Duke of Monmouth and his Associates in this County together with the Frequenters of Conventicles and those that harbour and countenance any Nonconformist Minister or Preacher should be obliged to give Security of the Peace and particularly Charles Earl of Macclesfield Richard Lord Colchester Charles Lord Brandon Henry Booth Esq Sir Robert Cotton Knight and Baronet Sir Willoughby Aston Baronet Sir Thomas Manwaring Baronet Sir Thomas Bellet Baronet Sir John Crew Knight Nathaniel Booth Esq Colonel Thomas Leigh junior John Manwairing of Baddily Esq Peter Leigh of Booths Esq Colonel Roger Whitley of Peel and Mr. Thomas Whitley his Son Roger Manwaring of Kermincham Esq Tilston Breten of Stapleford Esq Sir Robert Duckenfield Baronet Thomas Lea of Dernehal Esq and Mr. Robert Hyde of Cottenhall Edward Glegge of Grange Esq Richard Leige of High-Leige Esq Mr. Roger Whitley Mr. Robert Venables of Winchcombe William Minshull of Namptwich Esq John Hurlestone of Newton Esq and Charles his Son and William Whitmore of Thurstaston Esq We also present that all Persons not frequenting the Church according to Law are Recusants it being impossible to know the Hearts of Men for what cause they refuse to come to Church and that all Connivance and Indulgence in that case is the ready Road to Rebellion Popery and Arbitrary Power And further we desire humbly to present to his most sacred Majesty our repeated Congratulation of Joy for his and his Royal Brother's happy Deliverance from the late treasonable Conspiracy with our Assurances that we will with our Lives and Fortunes stand in Defence of his sacred Person and Government his Heirs and lawful Successors to all which we subscribe our Names IN this Presentment twenty eight Persons not the least considerable in their Country as appears by their Names are by this State-Jury mark'd out as Conspirators against the Life of the then King and as if they had shewed an open Defection from their Allegiance nay the Jury-Men turn Evidences and say they present these to wash their Hands from all Misprision The Earl of Macclesfield finding himself scandaliz'd to the highest degree brought his Action for this against the Defendant in the Exchequer The Plea was That he did nothing but as a Grand-Jury-Man in pursuance of the Articles given in charge and according to the Evidence against the Earl The contrary to this appears upon the Presentment it self there being nothing in it so directly laid against the Earl that he could take Issue upon it and therefore he as he had reason demurr'd to the Plea yet Judgment was given for the Defendant through the Sollicitations of Graham and Burton who undertook the Defence as the King's Cause for which considerable Sums of Mony issued out of the Exchequer as appeared by their Books produced before the late House of Commons The Hardship of which Judgment and the Consequences of it in relation to all the Peers of England are now submitted to their Considerations Mr. Starkey in his printed Case says Whether the Fact were true or false will not alter the Case being according to the Evidence given before them But if it were false and without Evidence given no doubt it will be a great Inducement to the Lords to relieve a Member of their House if