Selected quad for the lemma: lord_n
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A46139
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An impartial account of the trial of the Lord Conwallis [sic]
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Cornwallis of Eye, Charles Cornwallis, Baron, 1655-1698.
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1679
(1679)
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Wing I78; ESTC R7670
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12,727
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16
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AN IMPARTIAL ACCOUNT OF THE TRIAL OF THE LORD CONWALLIS LONDON Printed in the Year 1679. AN IMPARTIAL ACCOUNT OF THE TRIAL OF THE LORD CONWALLIS AFTER my Lord High Steward was ascended to the High Chair of State and sate down therein the Commission was delivered by the Clerk of the Crown in the Chancery to my Lord on his Knees who delivered it to Sir Thomas Fanshaw Clerk of the Crown in the Kings Bench Office and he received it kneeling Then Proclamation was made by the Serjeant at Arms who was Cryer for the day Serjeant O Yes O Yes O Yes My Lord High Steward of England strictly chargeth and commandeth all manner of Persons here present upon pain of Imprisonment to keep silence and give Ear to his Majesties Commission To my Lord High Steward of England to his Grace directed The Clerk of the Crown with his Face to my Lord High Steward Reads it thus Clerk of the Crown Charles Rex Carolus Secundus c. All which time my Lord and the Peers stood up bare Serjeant God save the King Cl. Cr. Make Proclamation Serjeant O Yes The King at Arms and the Usher of the Black Rod on their Knees deliver the White Staff to my Lord who re-delivered it to the Usher of the Black Rod who held it up all the time before him Cl. Cr. Make Proclamation Serjeant O Yes My Lord High Steward of England strictly chargeth and commandeth all Justices and Commissioners and all and every person and persons to whom any Writ or Precept have been directed for the certifying of any Indictment or of any other Record before my Lord High Steward of England to certifie and bring the same immediately according to the Tenor of the said Writs and Precepts unto them or any of them directed on Pain and Peril as shall fall thereon The Lord Chief Justice of the Kings Bench return'd his Certiorari and the Record of the Indictment by the Grand Jury of Middlesex which was read by the Clerk of the Crown in haec verba Cl. Cr. Virtute c. L. H. Stew. Call the Constable of the Tower to return his Precept and his Prisoner Cl. Cr. Make Proclamation Serjeant O Yes Constable of the Tower of London return the Precept to thee directed and bring forth the Prisoner Charles Lord Conwallis on Pain and Peril as will fall thereon The Lord Lieutenant of the Tower brought in the Prisoner on his left Hand with the Axe before him born by the Deputy Lieutenant which he held with the Edge from him and returned his Precept in haec verba Cl. Cr. Virtute c. L. H. Stew. Call the Serjeant at Arms to return his Precept Cl. Cr. Make Proclamation Serjeant O Yes Roger Harfnet Esq Serjeant at Arms to our Soveraign Lord the King return the Precept to thee directed with the Names of all the Lords and Noblemen of this Realm Peers of Charles Lord Conwallis by thee summoned to be heard this day on pain and peril as will fall thereon He delivered his Precept return'd with a Schedule annexed thus Cl. Cr. Virtute c. Make Proclamation Serjeant O Yes All Marquesses Earls Vicounts and Barons of this Realm of England Peers of Charles Lord Conwallis which by Commandment of the Lord High Steward of England are summoned to appear this day and to be present in Court and to answer to your Names as you are called every one upon pain and peril as will fall thereon Then the Panel was called over the number of Peers summoned were 35. in order as followeth Thomas Earl of Danby Lord High Treasurer of England c. All that appeared answered to the call standing up bare Then my Lord High Steward made a Speech to the Prisoner at the Bar thus Lord High Steward My Lord Conwallis The violation of the Kings Peace in the chief Sanctuary of it his own Royal Palace and in so high a manner as by the Death of one of his Subjects is a matter that must be accounted for And that it may be so It hath pleased the King to command this High and Honourable Court to Assemble in order to a strict and impartial Enquiry The Wisdom of the Law hath therefore styled it the Kings Peace because it is his Authority that commands it it is his Justice that secures it it is he on whom Men do rely for the safety of their Liberties and their Lives in him they trust that a severe Account shall be taken of all the Violences and Injuries that are offered to them and they that trust in the King can never be deceived It is your Lordships great unhappiness at this time to stand Prisoner at the Bar under the weight of no less a Charge than an Indictment of Murder and it is not to be wondred at if so great a misfortune as this be attended with some kind of confusion of Face when a Man sees himself become a spectacle of Misery in so great a presence and before so Noble and so Illustrious an Assembly But be not yet dismay'd my Lord for all this let not the Fears and Terrors of Justice so amaze and surprise you so as to betray those succours that your reason would afford you or to disarm you of those helps which good discretion may Administer and which are now extreamly necessary It is indeed a dreadful thing to fall into the hands of Justice where the Law is the Rule and a severe and inflexible measure both of Life and Death But yet it ought to be some comfort to your Lordships that you are now to be tried by my Lords your Peers and that now you see the Scales of Justice are held by such Noble hands you may be confident they will put into them all the Grains of allowance either Justice or Honour will bear Hearken therefore to your Indictment with quietness and attention observe what the Witnâ—sses say against you without interruption and reserve what you have to say for your self till it shall come to your turn to make your defence of which I shall be sure to give you notice and when the time comes assure your self you shall be heard not only with Patience but with Candor too And then what Judgement soever my Lords will give you your self will and all the World be forc'd to acknowledge the Justice and Equity of their Judgment and the Righteousness of all their Lordships Proceedings Read the Indictment Cl. Cr. Charles Lord Conwallis Thou standest Indicted in the County of Middlesex by the Name of c. How sayest thou Charles Lord Conwallis Art thou guilty of this Felony and Murder whereof thou standest Indicted Or not guilty Lord Conw Not Guilty Cl. Cr. How wilt thou be tri'd Ld. Con. By God and my Peers Then my Lord High Steward addressed himself to the Lords thus Ld. H. Stew. My Lords Your Lordships have here a Member before you of your Noble Body exposed to the shame of a publick Arraignment and which to a Man of
of Contention among themselves who should kill him for as I am informed I know if it be not proved your Lordships will observe it one desired pray let me kill him and the other desired pray let me kill him and threatned no less than to run him through My Lords the Centinel being of a good resolution was not affrighted from his place but kept them off and when they saw they could not win upon the Centinel that way one of them delivered away his Sword which he held in his hand not drawn and then was pelased to come to the Centinel and desired to kiss him and swore he would do that but that the Centinel did equally refuse and then they did use the same threatnings again and seemed to be in a contention who should run him through My Lords after some time being now come to the top of the Staires and there staying it hapned there came to the stair-foot two Youths and these young Men were it seems going to Bed to their Lodging which was very neer and did make it their request to the Centinel one of them did to call him up very early the next morning because he was to go of a Message out of the Town My Lord Conwallis and Mr. Gerrard remaining on the Top of the Stair-Case being as we said in disorder which is the strength of the Kings Evidence if proved both of them said before they went thence they would kill some or other which Evidence will go a great way to shew the concern that Noble Lord the Prisoner at Bar had in the Business It hapned as these Boys were making their request to the Centinel my Lord and Mr. Gerrard took notice of it and seemed to be concerned that they should command the Kings Souldiers and bid the Centinel shoot him who told them he conceived the Boy had done him no wrong in asking a Civil kindness from him they again call'd to shoot him and they would bare him out which he still refused to do finding no reason for it then one of the two took occasion to swear a great Oath he would kick his arse to Hell to which the Boy that askt the Centinel made some reply wherein the word arse was repeated now whether they understood it as an Interrogation why kick my arse to Hell as he intended it or in a worse sence kiss my arse one of the Gentlmen in a rage came running down the Stairs and that Boy that in truth spoke the word run away and the other poor innocent Boy trusting in his own Innocency remained there until the Person came to him and did on his Knees in a manner desire not to be mistaken he was not the Person that used any ill words and cryed out O my Lord it was not I indeed my Lord it was not I but such at that time was the Intemperance and wrath of the Person who in such a fury descending the Stairs that whether with the Blow or the Fall the Boy received his death We find by our Information of the Evidence that he who did the thing was in truth Mr. Gerrard who is not yet taken but whether my Lord the Prisoner at the Bar did not concur in it and had not an Intention to kill some body is the question left for your Grace and these Noble Peers to decide This is the nature of the Fact only I desire to observe that it is true here was some distance between the place where my Lord Conwallis stood and the place were the Boy was killed Of what consequence that may be I leave to your Graces and these Noble Lords Consideration It was the distance of the Stairs But I think as every one knows they are not so many but what is done below may be easily seen at the Top. We shall now without detaining your Lordships any longer call the Witnesses and prove what hath been opened The Souldier proved the Fact as it was opened by Mr. Attorney General except that part about both swearing they would kill one or other which Passage was heard but by one of them and was spoken but by one of the Gentlemen They could not swear who where the Persons because of the darkness of the time The Boy who was the Companion of him that was slain and that used the the words that caused the Person to come down swore them to be a Repetition only by way of Interrogation why kick my arse to Hell Then Mr. Attorney desired to call my Lord Conwallis's own two Footmen who had been Indicted and acquitted at the Kings Bench Bar. Lord High Stew. My Lords the Judges is there any Question whether a Person acquitted of an Offence be a good Witness against another charged with the same Offence Judges None at all when he is acquitted he ought to be admitted Then the Copy of the Acquittal proved by a Clerk in the Crown Office was read and then sworn who fixed it upon the Person of Mr. Gerrard and swore that my Lord Conwallis was all the while upon the Top of the Stairs but after the Fact committed hasted away for fear of being knock'd down by the Souldiers and there ended the Kings Evidence Lord High Stew. Now my Lord is the time come for your defence You hear what is charged on you Pray speak what you have to say for your self Ld. Conwallis Then the Prisoner at the Bar confessed himself to have been in the Company that Night when this accident hapned which he hoped would be a warning to him to shun such disorders hereafter but that he had no evil Intention and but one witness swore that both of them would have killed the Centinel that he was not conscious to himself to have had a hand in it and therefore withdrew not himself but yeilded himself to the Coroner the next day which he proved by the Coroner himself and did therefore in trust of his Innocency submit himself to the Judgment of his Grace and his Peers Which being done Sir Francis Winnington the Kings Solicitor General summed up the Evidence in this manner Solicitor General May it please your Grace my Lord High Steward of England and my Noble Lords the Peers of the Prisoner at the Bar. According to the duty of my Place I am to repeat the Kings Evidence and state it to your Grace and these Noble Lords and submit to your great Judgments how far it will go for the Proof of this Crime wherein I shall observe the Duty of all Honest Men which is to do nothing either to wrest any thing in disadvantage of the Prisoner out of the Kings Evidence to goe farther than it ought nor shall omit any thing that shall require your Grace and the Noble Lords Justice for we come to seek out the truth and we question not but by this Honourable Tryal it will be brought to light But I beseech your Favour to take notice in the first place what Crime this Noble Lord stands accused of