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
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
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
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-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
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
he came to me immediately I told him I had seen the Duke and desired that he would help me to the speech of Captain Matthews he told me he was out of Town too then I desired to speak with Major Wildman he told me he was gone out of Town too then I told him I must deliver my Message to him and I told him this message as I have told your Lordships before and therefore left it to him to convey it to the knowledg of those Lords that were concerned he did seem to be unwilling and told me he did not know how to communicate it to those Lords and asked me why I would not deliver the Message my self I told him I did ask the Duke of Monmouth that very question whether I might and he had forbid me and ordered me to deliver it either to Captan Matthews or to Major Wildman and since they were absent I knew not any to communicate it to but only to him in order to their having notice of it He told me he would do what he could Mr. Att. Gen. Pray who were present when you had this Discourse with Disney Jones There was none present but himself then for it was the first time that I spoke with him after I came from Holland I told him there was a Post to go to receive intelligence which should bring notice of his landing 24 Hours before it could be known at Whitehall and therefore it were fit they should be in a readiness he did scruple at it and said he did not know where to get any one that could convey the Message to them but he would do what he could and concluded to meet at night in Smithfield and he did so and there were two Persons with him Mr. Crag and Mr. Lisle and another I think his name was Brand and he took me and Brand aside and did ask me where was the place that the Post was to go I told him where and then he did discourse of the Dukes coming over but I mentioned not any thing of the Lords but only to Disney and after an hours talk or thereabouts we parted I saw Mr. Disney once afterwards but what he did with the Message I cannot tell he gave me no account of it I did indeed before I went out of Town see him at the Half-Moon Tavern in 〈◊〉 I went out of Town and met the Duke of Monmouth at Lyme where he Landed and when I came to him I told him what I had done with my Message and how it happened that I could not deliver it to the persons that he had ordered the Duke told me he was satisfied that I had done what I could but seemed to be troubled that Matthews was out of Town And this is the sum of what passed in my knowledg as near as I can remember Mr. Att. Gen. Had you no discourse with Disney what he had done with the Message when you met at Smithfield Jones No because those men were Strangers to me and I had never seen them before Mr. Att. Gen. But afterwards had you no discourse with Brand nor Lisle about it Jones No not at all Brand I never spoke but once with and Lisle would not own that he was the man that was there Lord H. Stew. Have you any more questions to ask him Mr. Attorney Mr. Att. Gen. No my Lord. Lord H. Stew. My Lord Delamere will your Lordship ask him any questions Lord Delamere No my Lord I never saw his face before this time that I know of in my life Lord H. Stew. Then who do you call next Mr. Attorney Mr. Att. Gen. The next Witness that we call my Lord is Story Who was sworn Lord H. Stew. Well what do you ask him Mr. Att. Gen. Mr. Story pray will you give an account what notice you had of Jones's message and what was done upon it and what discourse you had with any body concerning my Lord Delamere the Prisoner at the Bar and with whom Story My Lord I had notice of it by one that lived at Bishopsgate who told me the 28 th of May last that Mr. Jones was returned home from Holland upon a message from the Duke of Monmouth and that he had agreed to go to Taunton and there he expected Mr. Dare or Mr. Williams to bring an account that the Duke was landed and he said that Mr. Jones's message was delivered to Disney in the absence of Captain Matthews who was out of Town that after Disney had received the message from Jones he went and had some discourse with my Lord Delamere and that that night my Lord Delamere went out of Town with two Friends and went a by-way through Enfield Chase towards Hatfield Mr. Att. Gen. Pray when was it you went out of Town Story Story The 28 th of May. Mr. Att. Gen. Who went out of Town with you Story No body but I overtook Mr. Brand that Evening Lord H. Stew. Pray repeat what it was he acquainted you with Story He told me that the day before Jones was returned home with a message from Holland which message was to be delivered to Captain Matthews but in his absence Disney received it and that Evening after he had discoursed with my Lord Delamere my Lord that night went out of Town and two Friends of mine he said went with him and did convey him away by a by-way through Enfield Chase towards Hatfield Lord H. Stew. Have you any more questions to ask him Mr. Attorney Mr. Att. Gen. Pray Sir had you any discourse with the late Duke of Monmouth at Shepton Mallet and about what Lord H. Stew. By the way Friend where is that Brand that you speak of Story He is kill'd I did not see him dye but he is said to be kill'd at Keinsham Bridg. Mr. Att. Gen. Pray what discourse had you with the late Duke of Monmouth about the Prisoner at the Bar Story I heard the late Duke of Monmouth say at Shepton Mallet that his great dependance was upon my Lord Delamere and his friends in Cheshire but he was afraid they had failed him or betray'd him or some such word he used and he said he could have been supply'd otherwise but that he had a dependance upon them Mr. Att. Gen. Pray what Office had you under the Duke of Monmouth Story I was Commissary General Mr. Att. Gen. Well we have done with you L d. H. St. Will you ask him any questions my Lord Delamere Ld. Del. If your Grace please I have a question to ask him L d. H. St. Ay with all my heart what question you will my Lord. Ld. Del. My Lord I desire to know whether he knows one Saxon. St. What Saxon does your L shp mean one that was in the Army Lord Delamere Yes one Thomas Saxon. Story Yes my Lord I knew him a Prisoner in Dorchester Prison where I was a Prisoner my self Ld. H. St. Has your Lordship nothing more to ask him but that Lord. Delamere No my
Lord. Mr. Att. Gen. Now my Lord we call some persons to prove that that very night when Jones came to Town my Lord Delamere the Prisoner at the Bar goes out of Town without any servant changes his name and goes a by-way Swear Vaux and Edlin Vaux was sworn Lord H. Stew. Well what says this man Mr. Att. Gen. Pray give my Lords an account whether you went out of Town with my Lord Delamere and when Vaux My Lord perhaps I may not remember the very words that I gave my Evidence in before but I will repeat the Substance Mr. Att. Gen. It is not so long ago but you may easily recollect your self pray what day was it that my L. Delamere sent for you Vaux The 26 th day of May and I went out of Town the 27 th Mr. Att. Gen. You are upon your Oath and you must remember you are sworn to tell the Truth the whole Truth and nothing but the Truth Vaux Sir I shall take care to do it as far as I can remember Mr. Att. Gen. Whither was it that he sent for you Vaux To the Rummer Tavern in Queenstreet and the next day I went out of Town with him Mr. Att. Gen. What day of the Month did you go out of Town Vaux It was the 27 th day of May. Mr. Att. Gen. What time of the night was it you went out of London Vaux It was about 9 or 10 of the Clock Mr. Att. Gen. What name did my Lord Delamere then go by Vaux He went by the name of Brown Mr. Att. Gen. My Lord I would acquaint your Grace that this is an unwilling Witness and we are forc'd to pump all out of him by questions Vaux I do tell you the truth of all that I know Mr. Att. Gen. How far did you ride that night Vaux To Hoddesden Mr. Att. Gen. What time did you get thither Vaux About 12 of the Clock Mr. Att. Gen. Whither did you go then Va. We went to Hitchen and I return'd back again the next day Mr. Att. Gen. Whither was my Lord Delamere going then Vaux To see his Son that was sick in the Countrey Lord H. Stew. What he told you so did he Vaux Yes my Lord. Mr. Att. Gen. What other Company went with you Vaux Two Gentlemen the one I knew th' other I did not Mr. Att. Gen. What was the name of him you did know Vaux It was Edlin Mr. Att. Gen. Pray was that the direct Road to Cheshire that you went Vaux We made it our way Mr. Att. Gen. You made it your way but I ask you whether it be the best way Vaux It is the freest Rode from dust Mr. Att. Gen. But I ask you a plain Question upon your Oath is it the best way into Cheshire Vaux Truly my Lord I do not know that Lord H. Stew. Pray who gave you directions to call my Lord Delamere by the name of Brown Vaux Himself my Lord. L. H. Stew. Was that the first time my Lord went by that name as you know of Vaux Yes my Lord I never heard that he was called by that name till that time L. Del. I was called by the name of Brown at that time and I will give your Grace an account by and by of the reason of it L. H. Stew. Has your Lordship any Question to ask him L. Del. No my Lord. L. H. Stew. Then go on to the next Mr. Att. Gen. Our next Witness is Edlin pray swear him which was done Pray will you give my Lords and the Court an account whither you went with my Lord Delamere out of Town and when Edlin The 27 th of May last I was at the Custom-House and there came Mr. Vaux the Gentleman that was here last who told me he was going out of Town as far as Hitchen and asked me to go along with him he said he was to go that evening I asked him what time he intended to return he told me he was resolved to return the next day I told him then I would go along with him and we appointed the place of meeting to be at the Bell-Inn in Coleman-Street when I came there he said there was a friend that was going along with him one Mr. Brown we went as far as Hoddesden that night Mr. Att. Gen. Pray Mr. Edlin will you look upon that Gentleman that stands at the Bar is that he that went by the name of Brown Edlin Yes my Lord that is he Mr. Att. Gen. Well then what time did you set out Edlin It was very near nine of the Clock Mr. Att. Gen. Pray when was it that Vaux met you at the Custom-House Edlin It was about 10 of the Clock in the morning L. H. Stew. Pray did you hear or know upon the Road whither he was going Edlin My Lord I did never see my Lord Delamere before in my life L. H. Stew. But did not he tell you as he went along whither he was going Ed. He said he was going for Cheshire to see a sick Child Mr. Att. Gen. You say Sir that you went first for Hoddesden Ed. We did so my Lord. Mr. Att. Gen. Pray Sir how long were you riding that from the Bell in Coleman-Street to Hoddesden Ed. it was 3 hours I believe or about 3 hours and a half Mr. Att. Gen. Then you rid hard out of Town Ed. My Lord it was towards 9 of the Clock when we got on Horse-back and it was about 12 or a little more when we came to Hoddesden L. H. Stew. Well Mr Attorney is that all you have to ask him Mr. Att. Gen. Yes my Lord. L. H. Stew. Will you ask him any questions my Lord Delamere Lord Delamere No my Lord. Mr. Att. Gen. Then my Lord to confirm this Evidence and to explain it I shall call you a couple of Witnesses to prove that this Gentleman went by the name of Brown in the Cant of those that were engaged in this business that the name was known as his name by all the Party and called so constantly in their Letters and Messages Swear Tracey Paunceford and Thomas Babington Which was done Lord H. Stew. Which will you begin with first Mr. Att. Gen. We begin with Paunceford Pray will you give his Grace and these Lords an account what discourse you heard at Disneys concerning the Prisoner at the Bar and what name he was usually called by in your meetings Paunce My Lord I shall give as just an account as I can I was acquainted with Mr. Disney and the 14 th of June I was at his house Lord H. Stew. What June do you mean Paunce Last June my Lord and there were three more besides one Joshua Lock and a Country Gentleman that I have understood since to be one Hooper and there was one Halsey and being there Lock staid for some Declarations Lord H. Stew. What Declarations were those you speak of Paunce The Declarations of the late Duke of Monmouth Lord H. Stew. Were they Printed at that
time Paunce They were not ready at 4 of the Clock in the Afternoon but about 9 of the Clock they were finished and three were printed off and were delivered to Joshua Lock and when he had received them at that time there was a discourse of having them sent into Cheshire to one Mr. Brown after we had received them we came over the Water together and we landed at Salisbury Stairs and Lock was very earnest for going out of Town that night with those three Declarations which as he said were to be carried to one Mr. Brown This was at 9 of the Clock and so we parted Lord H. Stew. Pray into what Countrey was he to carry them Paunce A little way out of Town he said Lord H. Stew. Just now you said they were to go to Cheshire Paunce My Lord the discourse at Disney's house was that they were to be sent into Cheshire but when we came over the water Lock said he was to go a little out of Town to one Mr. Brown Mr. Att. Gen. Pray who was that Mr. Brown as they meant as you apprehended Paunce I understood Mr. Brown to be my Lord Delamere by some discourse Lord H. Stew. Whose discourse did you understand it by Paunce The first time my Lord that I heard of my Lord Delamere's going by the name of Brown was upon a discourse with one Edlin Lord H. Stew. Prithee tell us what that discourse thou hadst with Edlin was Paunce Mr. Edlin about the latter end of May last went out of Town as I heard and when he came back again I asked him whither he went he said he was invited by a Friend to go with him out of Town and my Lord Delamere went along with them and went by the name of Brown Mr. Att. Gen. What discourse had you with Disney or any body else about my Lord Delamere's going by the name of Brown Paunce Mr. Disney did use to mention my Lord Delamere by the name of Brown Mr. Att. Gen. Pray were you at any meeting with any body and whom at any Tavern and what Tavern where any such discourse was had Paunce My Lord I was at a meeting at the Castle Tavern with Mr. Vermuyden and my Brother Babington and one Manning but there was no mention then of any Brown that I remember nor of my Lord Delamere but only there was something in relation to the landing of the Duke of Monmouth the question was asked where he was to land and Mr. Vermuyden made answer he did not know Lord H. St. Will your Lordship please to ask this Witness any questions my Lord Lord Delamere Pray Sir did you ever know any body else that went by the name of Brown besides me Paunce May I answer this question my Lord Lord H. Stew. Answer it yes you must you are sworn to tell the truth and the whole truth man Paunce My Lord there was a discourse of Mr. Vermuyden's going by the name of Brown Lord H. Stew. Will you ask him any more questions my Lord Lord Delam No my Lord. Lord H. Stew. Then go on Mr. Attorney Mr. Att. Gen. Pray Mr. Babington do you tell my Lords what you know of my Lord Delamere's going by the name of Brown Babing My Lord I shall give an account When I first knew any thing of the Transactions I was with my Brother Paunceford Mr. Vermuyden and one Chadwick that went into the West and there was a discourse of two Gentlemen that went by names I did not know Brown was one and I was desirous to know who was meant by it I was at that time but newly acquainted with the concerns of these people and so I found they were fearful to entrust me but afterwards I was at the Castle Tavern where my Brother and my Uncle Vermuyden was and in discourse of Mr. Brown some body happened to name my Lord Delamere's name but he was presently taken up You mean Mr. Brown ay saith he I do L. H. St. About what time was this pray you Bab. About the middle or latter end of May last Mr. Att. Gen. Were you at Disney's when the Declarations were printed there Bab. Mr. Attorney I will give an account of that afterwards but I have something else to say first After this I was diligent to know of my Uncle Vermuyden and my brother who this Mr. Brown was my Uncle told me it was my Lord Delamere and desired me whenever I discoursed of him to call him by that name and I have very good reason to believe Mr. Vermuyden knew of the matter because he was acquainted with a great many of that sort of people and declared he had collected and knew of moneys that were gathered for that purpose and he had a good account of Monmouth's landing and of the Force he had in the West and how long it was presumed that he could maintain that Force without assistance from any body else and so I presume he was very well acquainted with the whole Transaction Afterwards I happened to be at Disney's over the Water there was my Brother Paunceford Mr. Halsey and my self Mr. Att. Gen. Tell what passed there at that time Bab. Disney shew'd me a Declaration that was not perfected quite but after that we fell into a discourse about Mr. Brown and afterwards my Lord Delamere's name was named by some body that some of the Declarations were to be sent to him and I remember Mr. Disney said he was afraid my Lord Delamere was not capable of doing that service that was expected from him in Cheshire for want of some of those Declaratious which would be mighty useful to him to inform the people they being Monmouth's Declarations Lord H. Stew. Had Lock any of those Declarations away for that Mr. Brown you speak of Bab. I never knew Lock my Lord. Mr. Att. Gen. What number of Declarations did Disney print Bab. Disney told us he hoped in 24 hours to have 500 printed a good number of them were to be sent to my Lord Delamere and several of them were dispersed Lord H. St. Have you any more questions to ask him Mr. Attorney Mr. Att. Gen. No my Lord. Lord H. Steward Will you ask him any questions my Lord Delamere Lord Delamere No my Lord. Mr. Att. Gen. Then may it please your Grace the next Witness we shall bring shall be to prove that my Lord Delamere took frequent Journies backward and forward in a very little commpass of time and the same Witness will likewise tell you what Discourse he had with my Lord during the very time of Monmouths Rebellion to stir up the people to joyn with him Swear Hope which was done Pray tell my Lords what Discourse you had with my Lord Delamere and when Hope Upon the Sunday before the Coronation my Lord Delamere came down Post to my House towards his own House in Cheshire Lord H. Steward Prethee where is thy House for these Noble Lords do not know thee perhaps so well as
I do therefore tell us where it is Hope My Lord my house is at the Three Tunns in Coventry Lord H. Steward Well go on tell what thou knowest Hope Some time after that he came down Post again and a little after he went up again Post and he told me he went down another way and after that the 21 st of June he came down Post again this was upon a Sunday the Sunday Sennight after the Duke of Monmouth landed Mr. Att. Gen. Had he any Servant with him at that time Hope Yes he had Lord H. Steward Had he a Servant with him every time he came down Post Hope No he came over I remember without any servant only with a Post Boy Lord H. Steward Well and what Discourse had you with him at that or any other time Hope My Lord that Sunday the 21 st of June my house was very full of people to enquire news it being in the time of the Rebellion every one was desirous to know how things went and there was one Ingram in the house that came to me and asked what news from London for they say saith he that the Duke of Albemarle is killed and his Hearse brought to Westminster Abby thereupon I knowing my Lord Delamere was come from London I went into the Room to my Lord and desired to know of his Lordship what was the news in London he told me he was little at Court and therefore could not tell much News I then asked him what he heard concerning the Duke of Albemarle said I they say here he is killed saith my Lord I am sorry for it if it be so but I fear it is too true but if he be killed it is said he is killed by his own Party I asked him how he told me a Party of the Duke of Albemarle's men were commanded to Fire at the Duke of Monmouth's men but instead of shooting at them they shot into the Ground upon which they were very severely handled by their Officers which so inraged them that they fired upon them and killed several of them and amongst others the Duke of Albemarle was killed and he told me the Duke of Monmouth had several Field Pieces and Arms sufficient for near 30000 men Mr. Att. General Pray did he shew you any Places in any Maps Hope There was in the Room Adams's Map of England and my Lord Delamere shewed me which way Monmouth went and pointed out such and such Towns that he was possessed of and withal said he did fear there would be many bloody Noses before the Business was at an end Mr. Att. General How many times do you think my Lord did ride post to and fro Hope About five times I believe L. H. Steward Within what space of time Hope From the Sunday Sev'night before the Coronation to the Twenty first of June following L. H. Steward Have you done with him Mr. Attorney Mr. Att. General Yes my Lord. L. Delamere My Lord High Steward with your Grace's leave may I ask this Witness any Questions L. H. Steward Yes my Lord what you please L. Delamere 'Pray Did I go down post four or five times do you say in that space Hope My Lord I say you did go so often backward and forward L. Delamere What time was that you say I came without any Servant only with a Post-boy Hope I cannot tell L. H. Steward Will your Lordship ask him any more Questions L. Delamere No my Lord. Mr. Att. General Then my Lord we desire Thomas Saxon may be sworn which was done 'Pray Mr. Saxon will you give an account to his Grace and my Lords what you know of my Lord Delamere the Prisoner at the Bar concerning any Insurrection or Rebellion designed by him in Cheshire and when Saxon. At the beginning of June last I was sent for to Mere my Lord Delamere's House in Cheshire where when I came I was conveyed into a lower Room where were my Lord Delamere Sir Robert Cotton and Mr. Crew Offleys and they told me I was recommended to them by my Lord Brandon who had said I was an honest useful man and they hoped I would prove so For they had sent to the Duke of Monmouth who was in Holland and received an answer by one Jones and assoon as they had an answer my Lord Delamere came away post into the Country under another Name and by being conveyed through Moorfields came down to raise Ten thousand men for the Duke of Monmouth in Cheshire by the first of June but now they had considered of it and found they could not raise them till Midsummer for they must have time to raise a Sum of money forty thousand pound in that Country to maintain the men They asked me whether I would not undertake to carry a Message to the Duke of Monmouth I told them I would and I had there given me eleven Guineas and five pounds in Silver for my Journy and I did hire a Horse afterwards and did deliver my Message to the Duke of Monmouth L. H. Steward When was this do you say Saxon. This was the beginning of June L. H. Steward What day of June Saxon. I cannot tell to a day what day in June it was for I did not set it down but I believe it was the third or fourth of June L. H. Steward How came you to be recommended by my Lord Brandon to these Gentlemen Were you acquainted with my Lord Brandon Saxon. I was acquainted with him The first time I was with him was at Over the next time was at my Lord 's own House Mr. Att. General Ay 'pray tell my Lord how you came acquainted with my Lord Brandon Saxon. Upon the Monday in Easter Week last being at Over I was sent for by my Lord Brandon to drink a glass of Ale and smoke a pipe of Tobacco with him and when I came thither my Lord told me he had a desire to be acquainted with me so we drank a considerable while and he was attended at that time with one Hollingshead and one Mr. Lee and after we had drank pretty smartly and after some discourse Lee and Hollingshead went forth being called out to speak with some body about an Estate or a Tenement that they were concerned in After they were gone out my Lord Brandon began to discourse about the Elections of Parliament-men how unfairly they had been carried he said he stood both for the Town and County of Lancaster but had lost it by an unfair Election for the other Party had made Seven-score Freemen in one night in the Town and by that means had carried it against him which had exasperated the Country so much that they were resolved to make it an occasion of raising up the Country in Arms under pretence of maintaining the Christian English Liberties and that they had a design to send for the Duke of Monmouth and make him King and that they must make use of such men as me that were men of Interest
in the Country to stir up the People to rise in Arms and if I would come to Gosworth his House upon the Monday after he would tell me more of that Business I went according to the time and there he told me a great deal to the same purpose and withal he shewed me a Letter that he had written to the Duke of Monmouth which Letter I afterwards saw at Bridgwater L. H. Steward Have you any more Questions to ask him Mr. Att. General No my Lord But if my Lord Delamere please to ask him any Questions he may L. Delamere I humbly pray he may repeat the Evidence he hath given against me for I have not heard what he has said L. H. Steward Turn toward my Lord Delamere and repeat the Evidence that you gave against him so as he may hear you Which he did to the same effect as before L. H. Steward 'Pray from whom did you receive that money Saxon. I received it from my Lord Delamere L. H. Steward My Lord Delamere will you ask him any Questions L. Delamere Yes may it please your Grace L. H. Steward Then the Method you are to take is this you must propound your Questions to me and then I will propound them to the Witness L. Delamere I desire to know may it please your Grace when was the first time that he declared this that he has now sworn against me L. H. Steward My Lord desires to know of you when it was that you first made known this against him L. Delamere And to whom my Lord Saxon. I suppose I told Mr. Storey of it first my Lord at Dorchester after I was taken Prisoner for the Rebellion L. Delamere When did he tell it Storey my Lord Saxon. I think it was a Fortnight after my acquaintance with him L. H. Steward Were you then in the same Prison with Storey Saxon. Yes I lay with him in the same Bed L. Delamere If your Grace please I would ask him another Question L. H. Steward Ay what you will L. Delamere I desire to know when was the first time that he made Oath of this and upon what occasion it was L. H. Steward What say you to that Saxon. The first time I made Oath of it was when I lay sick L. Delamere Will your Grace please to ask him where that was and when Saxon. It was before His Majesty's Counsellors that were sent to take my Examination in Newgate L. H. Steward 'Prethee I do not know when thou camest to Newgate it may be thou hast been there oftner than once Saxon. I gave my first Information immediately after I was brought to Town when I was removed from Dorchester Goal to Newgate L. Delamere My Lord I desire your Grace would ask him what time he came up Saxon. The beginning of the last Term. L. Delamere Then I desire to know my Lord whether he did remain a Prisoner in the Country all the other time Saxon. Yes I did so from the Tenth of July till the time that I was brought up to Newgate L. Delamere My Lord I desire to know of him whether I had ever imployed him about any of my Concerns that should give me an occasion of trusting him with such Secrets L. H. Steward What Business of Importance had my Lord Delamere ever imploy'd you about before this time Saxon. I was never imployed about any Concerns of my Lord Delamere's before that time neither was I ever in his Company but only then and then as recommended by him to him for they said they must make use of such as me to make their Designs known to the Country for the accomplishing what they did intend L. Delamere Recommended by him who does he mean Saxon. By my Lord Brandon L. Delamere If your Grace please I desire to know what the Business was that he was to do Saxon. I was to inform the Country concerning the time of the rising my Acquaintance abounded that way and by their Discourse they had got men in every Place to acquaint the Country when they should rise L. H. Steward Were you acquainted with any great Number Saxon. My Lord I was a Publick Tradesman in Middlewich and much acquainted with the ordinary sort of People L. Delamere My Lord he says he was sent for to my House I desire to know who was the Messenger that was sent for him Saxon. My Lord I did ask him his name but he would not tell it me he told me he was but Tenant to my Lord Delamere and had been imployed in such Businesses for my Lord Delamere's Father Sir George Booth he was a lame man in one Arm for he had his hand shot away at the Siege of Nantwich L. Delamere It was Tom Long the Carrier I suppose or some such Fellow or other that I sent for him My Lord I desire to know what time of Day or Night was it when he came to my House Saxon. It was just when it began to be dark the Messenger came to me in the Afternoon to fetch me thither and I sent for a man's Horse that lived near me and when it was brought me he asked me what made me go so late I told him I had occasion to go late and I should return late and the man stayd at my House for his Horse till it was late but I not coming home he left order for his Horse to be brought to him L. Delamere Next my Lord I desire to know when he came to my House whether he did alight from his Horse at the Stables that belong to the House or no Saxon. I did alight just at the Old Buildings and the man's Horse that came with me and mine were taken into the Stables L. Delamere 'Pray my Lord ask him who took his Horse from him Saxon. The man that came with me and he went into the house and brought out a Candle L. Delamere My Lord I would ask him whether the Door he was let in at was that which was nearest to the Stable or which Door L. H. Steward Do you know what Door of the house you were let in at L. Delamere My Lord I ask him whether it were the next Door to the Stable Saxon. My Lord I cannot very well give an account of that for I was never at the house before L. Delamere 'Pray my Lord let him recollect himself whether it were the Door next the Stable or not L. H. Steward Ay with all my heart if he can Saxon. I did not see any other Door but that I came in at and therefore I cannot tell which Door it was L. Delamere These Questions my Lord I take to be proper for me to ask and I believe I shall make it appear so to your Grace to be so by and by L H. Steward Good my Lord take your full liberty and ask what Questions you please for I know my Lords here will be all very well pleased that you have all Scope allowed you that can be L. Delamere
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.
Delamere Mr. Heveningham is my next Witness My Lord who I desire that he would please to give your Grace and my Lords an account when he remembers to have seen Sir Robert Cotton in Town Mr. Heveningham My Lord It was a more than ordinary occasion that makes me remember the thing and the time so particularly I was engaged in a dispute in the House of Commons about my own Election and that was upon the 2 d of June then was a Case debated in the House whether a Mayor that was elected a Burgesse for any Town could sit upon his own Return it was then carried he should not and the next day which was the third of June another question came on whether Sir Joseph Williamson was duly elected and returned and I remember at that time I was walking with Sir Robert Cotton in the Court of Requests and Mr. Neal came out of the House and told me that it was carried by five that he was not and then Sir Robert Cotton was with me L. H. Stew. So you speak as to the 2 d and 3 d of June Mr. Heveningham My Lord had it not been upon this particular occasion I could not have remembred the time so exactly L. H. Stew. You give a very good token for your remembrance and my Lords hear what you have said L. Delamere Will your Grace please that the Clerk of the House of Commons may be called and examined to the Journal of that House when it was Sir Robert Cotton preferred his Petition and that will fix the time as to what Mr. Ashburnham and Sir William Twisden have said L. H. Stew. Call whom you please My Lord. L. Delamere It seems he is not ready but I hope I have given your Grace and my Lords sufficient satisfaction that Sir Robert Cotton was not there at that time that this fellow speaks of I will now go on and prove Mr. Offley was not there neither and the first Witness I call to that shall be Sir Willoughby Aston whom I desire your Grace will be pleased to hear speak in his place L. H. Stew. Well what do you say Sir Willoughby Sir W. Aston My Lord I desire to be guided in what account I shall give by the Questions that shall be asked L. H. Stew. What is it that you ask Sir Willoughby Aston L. Delamere Pray can you remember Sir Willoughby what time it was and whether about the latter end of May last or when that you know of Mr. Offley's being at your House and how long he stayed there Sir W. Aston I can give an account of his Motion for ten days together but that perhaps may be more than is necessary L. H. Stew. It will not be improper Sir for you to give as exact and partiular account as you can of the times Sir W. Aston If your Grace please I will do it L. H. Stew. Pray do Sir Sir W. Aston Upon the 26 th of May which was Tuesday at night Mr. Offley and his Lady and some of their Relations came to my House upon Wednesday the 27 th of May Mr. Offley was so sick that he kept his Chamber and his Bed all day upon the 28 th of May which was Thursday he was so ill that he kept his Chamber all day and rose about five at night and I then waited upon him and sate with him 3 hours in his dressing room on Friday the 29 th of May he went to Church that day was employed a great part in Devotion upon the 30 th of May which was Saturday Mr. Offley and his Lady went and a great part of my Family went with them to one Mr. Pickerings six miles off my house there they dined and returned at night to my House upon Sunday the 31 th of May I have a particular remark whereby I remember that Mr. Offley went to visit Mr. Needham upon Monday the first of June Mrs. Offley and the Women of my Family went to visit my Lady Brooks but Mr. Offley not being well staid at home On Tuesday the second of June he was still at my house there was a great deal of Company there and he was in the Company all the day long On Wednesday the 3 d I fell sick in the Morning about 4 of the Clock but Mr. Offley was in the house all the morning but in the afternoon he went to make a visit two miles from my house at a place called the Ware-house where the Ships ride at Anchor and upon Thursday morning which was the 4 th of June he went from my House Now if your Lordship desire to know any thing about any particular time about this Compass I 'le give you the best account I can L. H. Stew. Can you tell where he went when he went from your House Sir W. Aston He went directly home as he said L. H. Stew. Did you hear at any time that he stay'd by the way between his going from you and coming to his own House Sir W. Aston My Son went with him two or three Miles of his way and I heard that at Middle-wich he staid to speak with some of the Militia Officers that he met with by the way there at a Muster and afterwards went directly home L. H. Stew. Pray is the usual way from his house to yours by my Lord Delamere's Sir W. Aston No My Lord directly another way L. H. Stew. Will you ask Sir Willoughby Aston any more Questions L. Delamere No My Lord. Mr. Att. Gen. If your Grace please I would ask Sir Willoughby Aston one question Sir I desire to know how far it is from your house to my Lord Delamere's Sir W. Aston Sir It is about 11 Miles L. H. Stew. 11 Miles you say Sir Sir W. Aston Yes My Lord 11 of those Northern miles L. Delamere My Lord I have some more witnesses to examine to this point L. H. Stew. Call whom you please My Lord L. Delamere I call Mr. Gregory next My Lord who appeared Pray give my Lord an account when Mr. Offley went from Sir Willoughby Aston's last Summer and whither he went Gregory My Lord my Master went from Sir Willoughby Aston's House L. H. Stew. Who is your Master Gregory Mr. Offley My Lord. It was upon the 4 th of June at 9 of the Clock in the morning and went from thence to Middlewich and was at home at his own house about 5 of the Clock in the Evening as I was told for I did not go directly home with him L. H. Stew. Was he at Mere that day at my Lord Delamere's Gregory No not that I know of I was not with him L. Delamere Then pray call Thomas Kidd who appeared Pray were you that day with Mr. Offley when he went from Sir Willoughby Aston's Kidd Yes My Lord I was L. Delamere What day was it Kidd The 4 th of June L. Delamere Then whither went he Kidd He went the direct Road to his own House I never parted from him nor did he
stop any where till he came to Middle-wich where the Countrey Militia were exercising and he just alighted off his Horse and spoke with Major Minshaw and some of the Officers but never so much as drunk by the way till he came to his own house L. H. Stew. What to his house in Staffordshire Kidd No but to Crew-Hall in Cheshire L. H. Stew. Does Mere lye in the Road between Sir Willoughby Aston's and Crew-Hall so that your Master might be there within that time Kidd No that he could not do L. H. Stew. Were you with Mr. Offley the whole Journey home Kidd Yes My Lord I was L. H. Stew. Were you no time from him Kidd No My Lord I was not L. H. Stew. What time did he come home Kidd He came to his own house about 4 or 5 a Clock at night L. H. Stew. And did not he go from thence that night Kidd No My Lord. L. Delamere Now My Lord I will prove as to my self that I was in London at the time as he speaks of And first I desire Sir James Langham may be heard to that He appeared but gave no Evidence L. Delamere Pray call Booth who appeared L. H. Stew. What is this Gentleman's name L. Delamere He is my Brother My Lord his Name is Booth L. H. Stew. What do you ask him L. Delamere Pray can you remember what time in June you saw me in Town here Mr. Booth My Lord I saw my Brother here in Town the 3 d 4 th 5 th 6 th and so on to the 10 th of June and the 10 th of June I went out of Town my self I saw him sometimes twice or thrice a day in that time for I did not lodge above half a score doors from him L. H. Stew. Where was that Mr. Booth In great Russel Street L. H. Stew. How come you to remember the time so particularly Mr. Booth It was that day Sennight before I went out of Town which was Wednesday the 10 th of June and had it not been for that particular circumstance I had not remark'd it so much as to be able particularly to remember it Mr. Att. Gen. Pray Mr. Booth did you know of your Brothers going out of Town the 27 th of May Mr. Booth I heard he was gone out of Town about that time L. H. Stew. Why then when came he hither to Town again Mr. Booth I cannot tell but I saw him upon the 3 d of June in the Evening Mr. Att. Gen. My Lord it is not possible for him so to do in that time if he rode Post L. H. Stew. He did make a great deal of haste backward and forward that is certain L. Delamere My Brother does not know when I went but as he heard he says L. H. Stew. But pray my Lord mind the Objection that has been made for it carries a great deal of weight in it It is plainly proved by two Witnesses that you went out of Town the 27 th of May at 9 of the Clock at night and rode to Hoddesdon and the next day came to Hitchin about Noon then they left you and return'd back again to London that Night and you told them you were going to see a sick Child of yours in Cheshire how came you to make such Post-haste back again that he should see you here in London the 3 d of June Mr. Booth My Lord I am certain I saw him that day in the Evening and so on to the 10 th L. H. Stew. Did my Lord then tell you how your Friends did in Cheshire Mr. Booth I cannot remember the particular discourse we had Mr. Att. Gen. Pray Sir when did he tell you he came to Town L. H. Stew. You say you used to see him every day once or twice a day Mr. Booth Yes I did so L. H. Stew. Pray where was he the 2 d of June Mr. Booth He was not come to Town L. H. Stew. How long time was it before that that you had not seen him Mr. Booth I had not seen him of several days before L. Delamere If it please your Grace here is another Brother of mine that saw me at the same time and tho' he be my Brother I hope he is a good Witness L. H. Stew. Ay God forbid else what is his name L. Delamare George Booth L. H. Stew. Well what say you Sir Mr. George Booth My Lord I saw my Brother Delamere here in Town the 4 th of June by this particular circumstance which I cannot err in that the next day as I take it I went down with him to the House of Lords to hear my Lord Macclesfield's Cause which was then there to be heard upon the Appeal of Mr. Fitton and my Brother was in the House of Lords at that time which was the 5 th of June L. H. Stew. My Lord Delamere I think it not amiss to put you in mind of one thing which it is fit your Lordship should give some answer to Does your Lordship deny that you went out of Town the 27 th of May L. Delamere No My Lord I do not I acknowledge I did so L. H. Stew. Then it will be fit for you to give an account where you were the 28 th of May and so all along till the 3 d of June L. Delamere If you Grace please I hope I shall give you full satisfaction in that by and by but I have one witness more to this point of my being in Town at such a time that I could not be in Cheshire when this Fellow says I was and that is my Lord Lovelace L. H. Stew. There is my Lord Lovelace what will you ask him L. Delamere Whether he did not see me at the Tryal of my Lord Macclesfield in the House of Lords L. Lovelace I vvas in the House of Lords that day that my Lord Macclesfield's Tryal was and I remember I did see my Lord Delamere there L. H. Stew. But we are as much at a loss now as ever we were for what day that Tryal was does not appear What day was my Lord Macclesfield's Tryal L. Delamere The Journal of the House of Lords proves that to be the 5 th of June L. Lovelace My Lord stood just by the Bar and if I am not mistaken took notes L. Delamere My Lord I hope now I have satisfied your Grace and the rest of my Lords that none of us three whom this fellow has mentioned were there at that time at Mere when he says we were For my own part I do positively affirm and I speak it as in the presence of Almighty God that I have not seen Sir Robert Cotton at my house that I know of these many years and I believe Mr. Ossley was never in my House since I was Master of it And I do likewise protest that to my knowledge I never saw the face of this Man till now that be is produced as a witness against me I am sure I never spoke with him
in all my life nor never sent for him to come to my house And if your Lordship please to consider the Story that he tells it will easily appear to be very improbable for he neither tells you vvho the Messenger was that was sent for him nor the way that he came into the House which any body that has ever been at the House could not mistake For when I asked him what door it was he came in at it was for this reason because he must needs have gone a great way about if he had not come in at the usual Entry into the house for I have but one door into my house except that by the Stables which is a great vvay off the house and it being about that time of the year if it were 8 or 9 of the Clock in the Evening he must needs discern which way he came in And besides My Lords Is it probable what he says that he should see no body stirring about the House except it were this man without a hand that he says was sent for him I assure your Lordships I have not nor had my Father ever that I know of any Servant or Tennant that was maimed in that manner that he speaks of he saith he was recommended to us by my Lord Brandon But he cannot tell your Lordship any thing that ever he had done to recommend him either to him or us I did ask him what important Service he had ever done for me that might give a credibility to my imploying him in such a business as this My Lord I cannot help it if People will tell false Stories of me but I hope your Lordships will consider the credibility of it Is it to be imagined that I would take a man I knew nothing of upon another mans word into so great a confidence as to employ him about a business of this Nature I am glad that he was called in here again for your Lordships to view him I beseech your Lordships to look at him Is this Fellow a likely Fellow to be used in such an Affair Does he look as if he were fit to be employed for the raising of ten thousand men Does he seem to be a man of such considerable Interest in his Countrey A Fellow that though it be not direct Evidence yet by several Witnesses I have shewn to be a Man of no Reputation in his Country nay of a very ill one and could we have none else to employ in a matter of this moment but such a Fellow as his Neighbours would not take his word for any thing It is an improbable Story upon these accounts if I should say no more Your Lordships likewise see that he is so well thought of that he dare not be trusted out of Newgate but is kept still a Prisoner and as such gives Evidence here And I know your Lordships will not forget that he swears to save himself having been a Rebel by his own Confession and he would fain exchange his Life for mine till he has a Pardon which as yet as I am informed he has not the Objection will still lye upon him that he swears to save himself which will render his Testimony not credible and the Law requires the Witnesses in Treason to be credible ones And yet forsooth this Man that no body that knows him will believe a word he says must be taken to be the man of Integrity Zeal and Industry the man of Management and Dispatch the Man of Interest and Authority in his Countrey that nothing can be done but he must have a hand in it My Lords I think I need say no more of him your Lordships time is precious too precious indeed to be spent upon such a Subject and so I set him aside My Lords there is a thing that I perceive the King's Counsel lay a great weight upon and that is my going down upon the 27 th day of May and my frequent riding Post to and fro I shall now satisfie your Lordships of the Reasons of my Journeys The first time which was betwixt the Coronation and the sitting of the Parliament was upon this reason I went down to take possession upon a Lease of a considerable value which was renewed to me by the Bishop I did not think of going down at that time so soon but I had word wrote me out of the Countrey that the Bishop was ill and that obliged me in point of Interest to make haste down And this I shall prove by one that was Attorny for me and another that was a witness of my taking Possession And for this I first call Mr. John Edmonds who came in Pray Sir will you tell his Grace and my Lords what you know of my coming down into the Countrey in the beginning of May and upon what account and what time it was Mr. Edmonds May it please your Lordship upon the 5 th of May my Lord Delamere did me the Honour to come to my House and he stayed there a little while and desired me to be a Witness of his takeing possession upon a Lease of my Lord Bishop of Chester's and we went into the House that was next to mine which was 〈◊〉 and there did take Possession L. H. Stew. Where is your house Mr. Edmonds At Boden in Cheshire L. H. Stew. When was this do you say Mr. Edmonds The 5 th of May. L. Delamere Pray Sir will you satisfie my Lord whether the Bishop was not ill at that time Mr. Edmonds My Lord I had been a little before at Chester and hearing my Lord Bishop was not very well I went to Mr. Allen and told him I was desirous to see my Lord and speak with him if I might he told me my Lord was so ill that he would speak with no body L. H. Stew. Was it a Lease for Years or a Lease for Lives Mr. Edmonds It was a Lease for Lives L. H. Stew. Then that might require my Lord's takeing Possession Who do you call next My Lord L. Delamere Mr. Henry L. H. Stew. What do you ask this Man My Lord L. Delamere Pray will you give his Grace and my Lords an account whether you were not Attorney and delivered me Possession upon the Lease of my Lord Bishop of Chester Mr. Henry My Lord I was Attorney by appointment and the 5 th of May last I delivered Possession to my Lord Delamere at one of the most remarkable places of the Land that belonged to that Lease of the Bishop L. Delamere My Lords I hope this a satisfactory reason for my going down at that time the Bishop being ill and the Lease being worth 6 or 7000 l. The next time that I have to speak to is That of my going the 27 th of May And for that I give this answer I did go out of Town the 27 th of May The occasion of my going was I had taken up a resolution before to go see my Child that was not well but I had not taken
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.
gathered up agen and therefore unless the Case be very clear against me you I am sure will not hazard the shedding of my blood upon a doubtful Evidence God Almighty is a God of Mercy and Equity Our Law the Law of England is a Law of Equity and Mercy and both God and the Law require from your Lordships Tenderness in all Cases of Life and Death and if it should be indifferent or but doubtful to your Lordships which upon the Proofes that I have made I cannot believe it can be whether I am innocent or guilty both God and the Law require you to acquit me My Lords I leave my Self my Cause and all the Consequences of it with your Lordships And I pray the All-Wise the Almighty God direct you in your Determination Lord High Steward Have you any thing more to say My Lord Lord Delamere No My Lord. Lord High Steward Then Mr. Attorney and you that are of the Kings Counsel What have you to say more Mr. Soll. General May it please your Grace and you my Noble Lords the Peers of my Lord Delamere the Prisoner at the Barr. The Evidence that hath been given against this Noble Lord is of two Natures part of it is positive Proof and part is circumstantial and though it be allowed that there must be two Witnesses in Cases of Treason and that Circumstances tho never so strong and sufficient to fortify one positive Proof do not nor can make a second positive Witness Yet I crave leave to say that there may be Circumstances so strong and cogent so violent and necessary to fortify a positive Testimony that will in Law amount to make a second Witness such as the Law requires My Lords I do not say every Circumstance will do it but such as necessarily and violently tending to the same thing that was positively proved As for Example If a man comes and Swears against another that he said he will go immediately and kill the King and another man that did not hear those words comes and testifies his Lying in wait that circumstance of Lying in wait that was an action indifferent in it self yet when applyed to the positive Proof will be a second witness to satisfie the Law which requires two witnesses in Treason It must confess My Lords when we will make Circumstances to be a second Evidence they must be such as are necessarily tending to fortifie the positive Evidence that was given by the single Witness Now whether that be so in this Case I must as becomes me leave to your Lordships Consideration It is not my business to carry the Evidence further than it will go and I am sure it is not my duty to let it lose any of its weight and if it have not that force it ought to have I should be to blame as not having done what belongs to me to do I will therefore state the Fact to your Lordships plainly as it stands upon the Proof and submit the whole to your Lordships Determination My Lords Our positive Proof with which I crave leave to begin is but by one single Witness and that is Saxon and his Evidence is this That being in Cheshire where he lives he was sent for about the 3 d or 4 th of June last to my Lord Delamere's House at Mere and there he was brought into a Lower Room where he saw my Lord Delamere Sir Robert Cotton and Mr. Crew Offley That my Lord Delamere told him he had received a Message lately by one Jones that was sent from the Duke of Monmouth whereby he understood that the Duke would speedily be in England and that they must provide Men and Arms to assist him when he came That he was a Man recommended to them by my Lord Brandon and that upon his recommendation they had thought fit to intrust him in the matter and withal told him They were to raise 40000 l. and 10000 Men in that County He tells you likewise these Gentlemen gave him 11 Guineys and 5 l. in Silver to go of an Errand for them to the Duke of Monmouth which he undertook to do and hired a Horse to that purpose This My Lords is the positive Proof and this I must acknowledge standing-single and by it self will make but one Witness but whether the Circumstances that have been offered to your Lordships by the other Witnesses be such violent Circumstances as necessarily tend to fortifie and support that positive Evidence and so will supply the defect of a second Witness is the next question that I come to consider and I shall take them into consideration in the same order that the Evidence was delivered The first step My Lords that was made as to any Evidence that toucheth this Noble Lord at the Bar was what was testified by my Lord Gray for as to the other part of the Evidence that related to the Conspiracy in general I need not trouble your Lordships with the repetition of it that there was such an one is notoriously known but I say that part of the Evidence in his History of the Conspiracy which my Lord Gray brought home to my Lord Delamere was this That upon the first Meetings and Consultations it was resolved upon That the Duke of Monmouth should go into Cheshire to make an Interest there and among the Persons that he was directed to go to and to apply himself to for advice there as Persons fit to be trusted this Noble Lord was one That upon the Duke of Monmouth's Return out of Cheshire he did give his Confederates here in Town an Account how well he had been received and that he liked all things very well there This my Lords is the first Circumstance offered that has been to you to shew that he had a Confidence in my Lord Delamere as a Principal Support of his Designs at that very time The next thing that we offer is this Message of Jones's and for that our Evidence has fully and plainly made it out to your Lordships That Jones did go over into Holland and his Business there was an Errand from Disney and Major Wildman and the Confederates here The effect of his Message was That it was their Opinion That the Duke of Monmouth should go for Scotland and joyn with my Lord Argyle but upon the Receipt of the Message he being angry said It was too late for such a Message now and he would come into England for he was ready to Sail and thereupon he did send this same Jones back again into England upon a Message to inform the Lords and others of his Party among whom my Lord Delamere was one That he would have them betake themselves into their several Countries and not stay to be taken or clap'd up here for that he did understand was the design and this Message was delivered in Writing now that the Duke of Monmouth did write a Note and give it to Jones is verified by my Lord Gray's Testimony too and this was Sealed
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
Circumstances if your Lordships be satisfied he went for that purpose do necessarily knit the positive Testimony of Saxon and amount to a second Witness That is if Saxon's positive Testimony be true then suppose all these Circumstances that gove the Jealousie do make up a strong presumption to joyn with the positive Evidence of Saxon then you have two witnesses as the Law requires especially if the answer given by the Prisoner to those Circumstances be not sufficient as the slender account he gives of his so frequent Journeys in so short a compass of time but that there still remains some Suspicion I could have wished indeed that matter might have been made somewhat more clear that no shadow of Suspicion might remain Your Lordships are Judges And if you do not believe the Testimony of Saxon whose Testimony hath been so positively contradicted by divers Witnesses of Quality the Prisoner ought to be acquitted of this Indictment If your Lordships please You may go together and consider of it Lords Ay withdraw withdray Then the Peers withdrew in their order according to their Precedency with the Serjeant at Arms before them Lord High Steward Lieutenant of the Tower take your Prisoner from the Barr The Prisoner was taken into the little Room appointed for him at the entrance into the Court. The Peers staid out about half an hour and then returned in the same Order that they went out in and Seated themselves in their places as before Cl. Crown Serjeant at Arms take the appearance of the Peers Lawrence Earl of Rochester Lord High Treasurer of England He stood up uncovered and answered Lord Treasurer Here. And so did all the rest Lord High Steward My Lords are you agreed of your Verdict Lords Yes The Lord High Steward took their Verdict Seriatim beginning with the puisue Peer in this manner Lord High Steward How say you my Lord Churchill is Henry Baron of Delamere guilty of the High Treason whereof he stands Indicted and hath been Arraigned or not guilty The Lord Churchill stood up uncovered and laying his hand on his Breast answered Lord Churchill Not guilty upon my Honour And so did all the rest of the Peers Lord High Steward Lieutenant of the Tower bring your Prisoner to the Barr. The Prisoner was brought again to the Barr. Lord High Steward My Lord Delamere I am to acquaint you that my Noble Lords your Peers having considered of the Evidence that hath been given both against you and for you after they were withdrawn have returned and agreed of their Verdict and by that Verdict have unanimously declared that you are not guilty of the High-Treason whereof you have been Indicted and this day Arraigned And therefore I must discharge you of it Lord Delamere May it please your Grace I shall pray to Almighty God that he will please to give me a Heart to be Thankful to him for his Mercy and my Lords for their Justice And I pray God deliver their Lordships and all honest men from Wicked and Malitious Lying and False Testimony I pray God bless His Majesty and Long may he Reign Lord High Steward And I pray God continue to him his Loyal Peers and all other his Loyal Subjects Cl. Crown Serjeant at Arms make Proclamation Serjeant at Arms. Oyes My Lord High Steward of England his Grace straightly willeth and commandeth all manner of Persons here present to depart hence in Gods Peace and the Kings for his Grace my Lord High Steward of England now dissolves his Commission GOD SAVE THE KING At which words his Grace taking the white Staff from the Vsher of the Black Rodd held it over his own Head and broke it in two Thereby dissolving the Court FINIS