whole Body of Peers of which I have the Honour to be a Member And if my Lords here are satisfied it is not the Right and Priviledge of the Peers I acquiesce Lord H. Steward Pray good my Lord do not think that I should say any such thing that the Priviledge of the Peers is frivolous for you do not hear me say That this is one of their Priviledges As I would not willingly mistake You so I desire your Lordship would not misapprehend or misrepresent Me. I spoke not at all of the Peer's Priviledge but of your Plea I tell your Lordship I think your Plea is not a good Plea to Oust this Court of the Jurisdiction of your Cause But if your Lordship have a mind to have your Councel heard to it in God's Name let them come they shall be heard And when that is done to satisfie you the more I will advise with my Lords the Judges that are there to assist what they take to be the Law in the Case and upon the Whole I will deliver my Judgment as well as I can Lord Delamere I hope your Grace will be pleas'd to advise with my Lords the Peers here present it being upon a Point of Priviledge Lord H. Steward Good my Lord I hope You that are a Prisoner at the Barr are not to give Me direction who I should advise with or how I should demean my self here Lord Delamere I beg your Grace's Pardon I did not intend to give your Grace any Direction Lord H. Steward My Lord I shall take care to perform that Duty that is incumbent upon me and that with all Tenderness to your Lordship And I assure your Lordship I will have as much care that I do not injure You as I will that I do not wrong my own Conscience and I will endeavour to discharge my Duty to both with the utmost Fidelity Lord Delamere I humbly thank your Grace I question it not But if your Grace please Lord H. Steward My Lord You must pardon Me I can enter into no further Interlocutions with your Lordship If your Lordship have any mind to have any Councel heard and your Councel be ready we will hear them Lord Delamere If your Grace require of Me to produce Councel presently and they to argue it immediately I must acquaint your Grace I cannot do it For I have none here Lord H. Steward My Lord I cannot tell how to help it the Plea must then be over-ruled and rejected Clerk of the Crown Henry Baron of Delamere Art thou Guilty of the High-Treason whereof thou standest Indicted and hast been now Arraign'd or Not Guilty Lord Delamere Not Guilty Clerk of the Crown Culprit How wilt thou be Tryed Lord Delamere By God and my Peers Clerk of the Crown God send thee good Deliverance Sergeant at Arms Make Proclamation Sergeant at Law O Yes If any one will give Evidence on behalf of our Soveraign Lord the King against Henry Baron of Delamere the Prisoner at the Barr concerning the High-Treason whereof he stands Indicted let them come forth and they shall be Heard for now he stands at the Barr upon his Deliverance Then his Grace gave the Charge to the Peers Tryers in this manner Lord H. Steward My Lords I know You cannot but well remember what unjust and insolent Attempts were made upon the rightful and unalterable Succession to the Imperial Crown of these Realms under the pretence of That which has been so often found to be the Occasion of Rebellion I mean the specious Pretence of Religion by the fierce froward and Phanatical Zeal of some Members of the House of Commons in the last Parliaments under the late King CHARLES the Scond of ever Blessed Memory Which by the wonderful Providence of Almighty God not prevailing the Chief Contrivers of that horrid Villany consulted together how to gain that Advantage upon the Monarchy by open Force which they could not obtain by a pretended Course of Law And in order thereto it is but too well known how they had several Treasonable Meetings made bold and riotous Progresses into several Parts of the King's Dominions thereby endeavouring to debauch the Minds of the well-meaning though unwary and ignorant Part of the King's Subjects But these their evil Purposes it pleased God also to frustrate by bringing to Light that cursed Conspiracy against the Life of His Sacred Majesty King CHARLES the Second as also against That of our dread Soveraign that now is whom God long preserve These Hellish and damnable Plots one would have thought could not have survived the just Condemnation and Execution of some of the chief Contrivers of them especially considering that after it had pleased Almighty God to take to Himself our late Merciful and dread Soveraign no sooner was His Sacred Majesty that now is Seated in the Royal Throne of His Ancestors but He made it His utmost Endeavours not only to convince the World that He had quite forgot those impudent and abominable Indignities that had been put upon Him only for being the best of Subjects and the best of Brothers but did also give forth the most Benign Assurances imaginable to all his loving People that He would approve Himself to be the best of Kings And further to evince the Reality of these His Gracious and Heroick Resolutions He immediately called a Parliament and therein repeated and solemnly Confirmed His former Royal Declarations of having a particular Care of maintaining our Establish't Laws and Religion With which that Wise Great and Loyal Assembly were so fully and perfectly satisfied that they thought they could not make sufficient Returns of Gratitude for such Gracious and Princely Condescentions And yet my Lords while the King and the Parliament were thus as I may say endeavouring to out-do each other in Expressions of Kindness that wicked and unnatural Rebellion broke out and thereupon the Arch-Traytor Monmouth was by a Bill brought into the lower-Lower-House and Pass'd by the general Consent of Both Houses and I could wish my Lords for the sake of that Noble Lord at the Barr that I could say It had Pass'd with the Consent of every particular Member of each House justly Attainted of High-Treason My Lords What share my Lord at the Barr had in those other Matters I must acquaint You is not within the Compass of this Indictment for which You are to Try him as his Peers For That is for a Treason alledged to have been Committed by him in His Majesty's Reign that now is Give me Leave my Lords to detain You but with a Word or two more on this Occasion and that is To let You know That as my Lord at the Barr may with great Safety and Security to himself rely upon your Lordship's Candor and Integrity that You will be tenderly careful and ready to acquit him of the Treason whereof he is accused if upon the Evidence that shall be given You You shall find him Innocent So I must tell You The King has
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.
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
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-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.
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
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
hear-say from others For I had no knowledge of what pass'd as to him but what I had from Capt. Walcot who told me That after that there were several dayes of Meeting appointed but still from time to time put off but upon what reason I cannot particularly remember This is all I know of my Lord Shaftsbury and the latter Part is wholly by Hear-say from Walcot But by reason of this Agitation we continued under Expectation till such time as my Lord Shaftsbury went into Holland where he shortly after died And truly I thought at that time much of the Design was quashed and laid aside But soon after Ferguson came over who when he came Here began to revive and quicken the Business and push it on to Execution I spoke with him at the One Bell in the Strand and there he gave me an Account of all the Steps that had been taken He told me what Preparations had been made in the City in general what to seize the Gates of the City what to Possess themselves of the Tower what to attacque the Guards and several other Things which I can't now so well remember the Impressions of them being worn out of my Memory by length of Time and other Accidents This in general is all that I can say as to what was previous to the particular Engagement wherein I was concern'd For at last after many Discourses the Troubles and Difficulties of the Times increasing and the Dangers that threatned us as we thought growing higher and higher this gave an Occasion for our uniting Councels and entring into a kind of Juncto which I suppose is Foreign to this Affair before your Lordships and therefore I suppose would be likewise impertinent for me to trouble your Lordships with L. H. Steward Mr. Attorney Do you desire my Lord Howard should give an Account of those other Meetings and Consultations at which he was present Mr. Att. Gen. My Lord I think there will be no need of it and I am unwilling to take up your Grace's Time to no purpose Lord Howard As for that Noble Lord at the Barr I know nothing concerning him Lord H. Steward Then Gentlemen Will You have him asked any more Questions Mr. Att. Gen. No my Lord. Lord H. Steward My Lord Delamere Will You ask him any Questions Lord Delamere No my Lord. Mr. Att. Gen. Before my Lord Howard goes I would ask him one Question in general Whether he knew of any Design of a Rising in Cheshire Lord Howard No my Lord I knew of none at all Mr. Att. Gen. Then We desire my Lord Gray may be sworn Which was done Mr. Att. Gen. Pray Will You give his Grace and my Lords an Account what You know of any Designs of an Insurrection or Rebellion when You were beyond Sea or before and who were engaged in it Lord Gray My Lord I am Subpoena'd hither on behalf of the King and I am also Subpoena'd on behalf of my Lord the Prisoner at the Barr I do not know any thing that I can speak of my own Knowledge against the Prisoner nor have I any thing to say that I know of that will be for his Advantage But I am here ready to Answer such Questions as shall be asked of me either of One side or the Other Mr. Att. Gen. My Lord the Question I ask You is What do You know of any Design of a Rising in Cheshire and when Lord Gray About the Time of Election of Sheriffs for the City of London I mean that memorable Time of the Contested Election which furnished the World with so much Discourse and was the occasion of such Heats and Animosities About that Time the Duke of Monmouth and my Lord of Shaftsbury began to discourse about making use of That as an Opportunity to accomplish their Design For they thought the Ferment was so high that Men would easily be disposed to an Insurrection And after many Discourses to that purpose they came to this Resolution That they would apply themselves to make what Interest they could to procure a Rising in Three several Parts of the Kingdom at once One in Cheshire whither the Duke of Monmouth was to betake himself and there be advised by my Lord Macclesfield my Lord Brandon my Lord Delamere that then was and the Prisoner at the Barr what Gentlemen were proper to apply to for joyning in the Design The Second was in London which was assigned to be the Province of my Lord of Shaftsbury And the Third was in the West which was committed to the Care of my Lord Russel The Duke of Monmouth did accordingly go his Progress into Cheshire as is very well known and upon his Return was taken into Custody by the Serjeant at Arms Upon which Sir Thomas Armstrong was sent Post to Town and get an Habeas Corpus and withal to deliver a Message to Me to be Communicated with my Lord Russel and my Lord Shaftsbury Which Message as near as I remember was to this Effect That he had been kindly received by the Gentlemen of the Country and had discours'd the Matter with them and found them all inclined very much to his Satisfaction That upon his being Arrested he had been advised to make his Escape into Cheshire and Rise immediately but that he would not do a Matter of that great Importance without the Approbation of his Friends This is all that I know of any thing that was designed in Cheshire Mr. Att. Gen. Pray my Lord what do you know of any Messages that Capt. Matthews or Jones brought over from Holland and to whom and from whom L. Gray Sir I will give the best Account I can upon the sudden for I am not prepared to give a particular distinct account in regard I did not know it would be expected from me nor indeed that it would affect the Prisoner at the Bar. L. H. Stew. Pray my Lord give my Lords the Peers as succinct and particular an account as you can L. Gray My Lord soon after the late Kings Death the Duke of Monmouth was at Amsterdam with my Lord Argyle where there was an account given of the Design that was in hand of an Insurrection in Scotland and the preparations that had been made in order to it and at that time there came over to Holland Mr. Crag that came as I was inform'd from Major VVildman and his Errand was to promote and recommend a Reconciliation between the Duke of Monmouth and my Lord Argyle who till that time had acted in separate Interests and Crag then gave an account that Means and Money were prepared he had no particular Message to the Duke because he did not know of meeting him there at that time The Duke of Monmouth upon this Encouragement did send Captain Matthews into England with a Message to Major VVildman wherein he did desire him that he would procure a Meeting with my Lord Macclesfield My Lord Brandon my Lord Delamere and I think Mr. Charleton and acquaint