The Project Gutenberg EBook of State Trials, Political and Social, by Various
This eBook is for the use of anyone anywhere at no cost and with
almost no restrictions whatsoever. You may copy it, give it away or
re-use it under the terms of the Project Gutenberg License included
with this eBook or online at www.gutenberg.org
Title: State Trials, Political and Social
Volume 1 (of 2)
Author: Various
Editor: Harry Lushington Stephen
Release Date: December 13, 2008 [EBook #27515]
Language: English
*** START OF THIS PROJECT GUTENBERG EBOOK STATE TRIALS, POLITICAL AND SOCIAL ***
Produced by David Garcia, Brownfox and the Online
Distributed Proofreading Team at http://www.pgdp.net (This
book was produced from scanned images of public domain
material from the Google Print project.)
STATE TRIALS
_All rights reserved_
[Illustration: W Ralegh.]
STATE TRIALS
POLITICAL AND SOCIAL
SELECTED AND EDITED
BY H. L. STEPHEN
IN TWO VOLUMES
VOL. I
[Illustration]
LONDON
DUCKWORTH AND CO.
NEW YORK: THE MACMILLAN COMPANY
1899
Edinburgh: T. and A. CONSTABLE, Printers to Her Majesty
CONTENTS
PAGE
INTRODUCTION, vii
SIR WALTER RALEIGH, 1
CHARLES I., 75
THE REGICIDES, 123
COLONEL TURNER AND OTHERS, 169
THE SUFFOLK WITCHES, 211
ALICE LISLE, 239
_The portraits of_ SIR WALTER RALEIGH _and_ LORD RUSSELL _are taken from
photographs of pictures in the National Portrait Gallery, by permission
of_ Messrs. WALKER and BOUTALL.
To G. DE L'É. D.
DEAR GERALD,--As you suggested the idea of this book to me, and as I
know that whether it succeeds or fails I can count confidently on your
sympathy, I will throw into the form of a letter to you the few remarks
which I might otherwise put into a preface. For as I have confessions to
make which amount almost to an apology, I had rather address them to one
who is pledged to express the most favourable possible view of my
literary efforts, such as they are, than to that hypothetical reader, of
whose tastes I feel most shamefully ignorant, though I am ready to
assume everything in his favour.
Far abler writers than I have frequently dilated on the charms attending
a study of the reports of State Trials, as they are best known to the
world; namely, in one-and-twenty stately volumes compiled by the
industrious Howells, father and son, and published, a year after the
battle of Waterloo, by the combined efforts of on a few of my
contemporaries the idea that persons long since dead on the block or the
gallows were Englishmen very much like ourselves, my object is secured.
My task has been confined to a selection of passages to be transferred
bodily from Howell's pages; to providing in an abbreviated form the
connecting-links between them; and to the supply of sufficient notes to
enable the ordinary reader to understand the main outlines of the
stories of which the trial generally constitutes the catastrophe. As to
my takings from Howell, I need say but little. I have indicated their
existence by a change of type. I have carefully preserved those
departures from conventional grammar, and that involved and uncouth,
but, for that very reason, life-like style of narration which he and his
predecessors inherited from the original but unknown authorities. As to
my abbreviations, I am fully aware that they do not represent any very
high literary effort. It is, I suppose, impossible that mere
condensation of another man's narrative should be done very well; but it
can certainly be done very ill. My aim, therefore, has been rather to
escape disaster than to achieve any brilliant success. The charm of
State Trials lies largely in matters of detail:--that Hale allowed two
old women to be executed for witchcraft; that Lord Russell was obviously
a traitor; that an eminent judge did not murder a woman in the early
part of his career; and that a sea-captain did murder his brother in
order to inherit his wealth, are in themselves facts of varying
importance. What the trials in these cases tell us, however, as nothing
else can, is what were the popular beliefs as to witchcraft shared by
such a man as Hale; how revolutions were planned while such things were
still an important factor in practical politics; and what was the state
of the second city in the kingdom when a man could be kidnapped in its
busiest streets by a gang of sailors and privateers-men. And this effect
can only be reproduced by considering a mass of detail, picturesque
enough in itself, but not always strictly relevant to the matter in
hand. Again, to a lawyer at all events, it is impossible to omit those
matters which show that the process which goes on at regular intervals
in all the criminal courts in the country is essentially the same that
it always has been since the Reformation; and accordingly I have not
hesitated to indicate as fully as my original made possible the
procedure, in the narrower sense of the word, followed at the various
trials reported. In the matter of notes I have done my best, in a very
narrow compass, to indicate how the trials were connected with
contemporary history. I have also reminded the reader (to use the
conventional phrase) of the fate of the various characters who are to be
met with in each trial. In particular, I have aimed at bringing to the
fore what must, after all, be the main point of interest in any trial;
namely, who were the counsel briefed, and how they came to be briefed;
who were the judges that tried it, how they came to be judges, and what
position they held in the opinion of the junior bar at the time. For
this part of my work I have taken care to have recourse to the best and
most modern authority, and have stated hardly any facts which are not
vouched for by the editor of the _Dictionary of National Biography_.
In my selection of cases to be reported I have been guided by a variety
of considerations. Personally, I admit that I like the political cases
best. There is a squalor about private crime, which, though I like it
myself, is inferior to politics as a staple. Besides, one has heard of
the heroes of the political trials before; and to read Raleigh's little
retort when Coke complains of a want of words adequately to express his
opinion of Raleigh; to be reminded how the worst of kings proved himself
an admirable lawyer, and the possessor of manners which, in a humbler
station, would assuredly have made the man; to hear the jokes as to
Essex's responsibility for the financial prospects of the proposed
revolution which amused the company of desperate men in the
wine-merchant's upper room; to come across the ghost of the conversation
in lonely St. Martin's Lane between the revellers at the Greyhound
Tavern, and its interruption by the hostile band hurrying to the duel in
Leicester Fields, creates, in my mind at least, the fantastic illusion
that Raleigh, Charles I., Russell, Mohun, and the rest of them were all
once actually alive.
I feel that I have unduly neglected the claims of what, at the period I
have had to do with, was the sister kingdom of Scotland. The Scotch were
not then, taking the difference of the population of the two countries
into consideration, at all behind the English in the production of
treason, murder, and other interesting forms of crime; and their
misdeeds were in many respects the more picturesque of the two. I had
hoped to place before my readers the true account, or what passes for
such, of that murder of Colin Roy Campbell of Glenure which, as we now
know, produced such romantic consequences for David Balfour. The
'Forty-five should have been represented, and Lord Lovat's adventures
ought to have served my purpose to a turn. But, alas! the lawyers on
these occasions have been hopelessly beaten by the professed
story-tellers; and the reports of the trials of Lord Lovat and James
Stewart are as dull as the romances of _Waverley_ and _Catriona_ are
entrancing. Why this should be so I do not know. I can ascribe it only
to the inferiority of the Scots criminal procedure to our own; and
ignorance prevents me from proving that inferiority by any other fact
than the one which I am anxious to account for.
After diligent and minute inquiry, I am pleased, though not surprised,
to find that Ireland was perfectly free from serious crime during the
whole of the seventeenth and eighteenth centuries.
Since making my selection of trials I have become aware that Mr. Leslie
Stephen, in his _Hours in a Library_, has chosen for notice precisely
those trials which I have reported. I must disclaim any merit in having
made the same selection as such an eminent critic; but at the same time
I can confidently affirm that my choice was made before I had read the
essay in question. Whether I have been guilty of the crime of plagiarism
in this particular I cannot say; neither, as far as that goes, do I
care. My readers at least have no reason to complain, and I can count on
you, Gerald, to join with me in deprecating the wrath of the outraged
author.
Trusting confidently in your co-operation to secure for this little
collection as favourable a reception as may be from that public for
whose taste we both have so much respect,--I remain, yours to command,
H. L. STEPHEN.
THE INNER TEMPLE,
_31st December 1898._
SIR WALTER RALEIGH[1]
Raleigh's trial is so closely connected with the politics of the time
that it cannot be properly understood without reference to them. James
owed his succession to the throne, at all events the undisputed
recognition of his right to that succession, in a great measure to
Cecil's elaborate and careful preparations. It was therefore natural
enough that Cecil's position as chief minister should be confirmed at
the beginning of the new reign: but this fact drove two important
parties into opposition to the new order of things. The Earl of
Northumberland, Lord Grey, Lord Cobham, and Sir Walter Raleigh found
themselves deprived of all chance of obtaining power, and the Catholics
gradually realised that their position was not likely to be
substantially improved. Northumberland indeed was won back by promises
of royal favour, but Raleigh was deprived of his captainship of the
Royal Guards and his post of Warden of the Stannaries, whilst his
monopoly in wine was threatened. The all-important question of foreign
politics formed a centre on which the international struggle for power
turned. James himself was a stranger to the national hatred for the
Spaniards which had hitherto been Raleigh's guiding principle. Cecil was
probably more anxious for peace than anything else, though desirous to
do all he could to advance the power of the Netherlands and hold the
Spaniards in check. Meanwhile the various foreign powers concerned
prepared to make what profit they could out of the altered state of
England. A mission from the Netherlands effected practically nothing.
The Duke of Sully, the ambassador from Henry IV. of France, obtained
some assistance towards prolonging the defence of Ostend against the
Spanish forces. The Archduke Albert[2] sent the Duke of Aremberg, not to
negotiate, but to protract the time till the Court of Spain could decide
upon a policy.
Northumberland, together with Raleigh and Cobham, seem to have made
overtures to Sully which were rejected, on which the two latter
transferred their attentions to the Spanish interest, and certainly put
themselves into communication with Aremberg. Meanwhile an extreme and
apparently weak party among the Catholics entered into an obscure and
violent undertaking popularly known as the 'surprising' or 'Bye' plot as
contrasted with Raleigh's, known as the 'Main.' Watson, a secular
priest, whose main motive, in Professor Gardiner's view, was a hatred of
the Jesuits, had taken a leading part in reconciling the English
Catholics to James's accession. Irritated by the exaction of fines for
recusancy instituted at the beginning of the new reign, he allied
himself with Clarke, another priest, Sir Griffin Markham, a Catholic
gentleman discontented with the government for private reasons, George
Brooke, Lord Cobham's brother, and Lord Grey. A fantastic scheme
propounded by Markham was adopted, and the conspirators decided to seize
the King while hunting, to carry him to the Tower, on the plea of
protecting him from his enemies, and there install themselves in power
under the shadow of his name. They were, as represented by Coke in
Raleigh's trial, to swear to protect the Sovereign from all his enemies,
and they affected to have a large following in the country. Copley, an
insignificant recruit, was added to the party, and the execution of the
plot was fixed for the 24th of June. On that day, however, their
partisans proved to be too few for their designs, and the next day Grey
separated himself from them. Meanwhile the Jesuits had become aware of
the plot and communicated their knowledge to the government; and the
conspirators were soon arrested. The connection of Brooke with the 'Bye'
plot suggested Cobham's complicity; and Raleigh, as his nearest friend,
was summoned to Windsor by Cecil to be examined before the Council.
After this examination he wrote the letter to Cobham so often referred
to in the trial, saying that he had said nothing to compromise him, and
reminding him that one witness, possibly referring either to Aremberg's
servant, or Brooke, was not enough to convict of treason. He
subsequently wrote to Cecil informing him that Cobham had been in
communication with Aremberg, and Cobham was arrested. Raleigh's own
arrest followed on July 17th, and within a fortnight he attempted to
commit suicide. He and Cobham were both subsequently examined, with the
results that appear in the course of the trial. It must be remembered
that the government probably had a quantity of private information which
they did not produce, partly no doubt with the view of protecting
Aremberg. This is particularly so in relation to the most serious part
of the case; that, namely, relating to the scheme of placing Lady
Arabella on the throne; as to which see Gardiner's _History_, vol. i.
pp. 132, 133.
The leading members of the 'Bye' were tried and convicted two days
before Raleigh. Cobham and Grey were tried and convicted by the
Chancellor sitting as Lord Steward soon after. The two priests and
Brooke were hung. Cobham, Grey, and Markham were brought to the scaffold
that they might be induced to make their dying declarations, and were
then granted their lives. Cobham, when in instant expectation of death,
persisted in avowing Raleigh's guilt.
Beyond the interest that attaches to Raleigh's trial from the historical
and personal points of view, it is interesting as showing the methods in
which an important trial was conducted at the beginning of the
seventeenth century. The most remarkable feature of the trial itself in
the eyes of a modern reader, beyond its extreme informality, is that
Raleigh was condemned on the statement of a confederate, who spoke under
extreme pressure, with every inducement to exculpate himself at
Raleigh's expense, and whom Raleigh never had a chance of meeting. The
reasons given by Popham for refusing to allow Cobham to be called as a
witness at the trial are instructive, and, as Professor Gardiner points
out, prove that in political trials at all events, when the government
had decided that the circumstances of the case were sufficient to
justify them in putting a man on his trial, the view of the court before
which he was tried was that he was to be condemned unless he succeeded
in proving his innocence. This fact alone leads the modern Englishman
to sympathise with Raleigh, and this feeling is naturally increased by
what Sir James Stephen calls the 'rancorous ferocity' of Coke's
behaviour. The second cause added to Raleigh's popularity, and the
political reasons which led to his trial are probably what produced the
same feelings among his contemporaries. It is beyond my present purpose
to discuss how far Raleigh was really guilty of treason, even were I
competent to express any opinion on the subject worth attending to. But
for the credit of the lawyers who presided at the trial, I may point out
that the assertions that the statute of Edward VI., requiring two
witnesses in cases of treason, had been repealed, and that the trial at
common law was by examination, and not by a jury and witnesses, were not
as incomprehensibly unjust as they appear to us. A statute of Philip and
Mary enacted that cases of treason should be tried according to the due
order and course of common law, and the statute of Edward VI., being
regarded as an innovation upon the common law, was thus held to be
implicitly repealed. The rule as to the two witnesses seems to have been
construed as referring to trial by witnesses as it existed under the
civil law, which was taken to require two eye- or ear-witnesses to the
actual fact constituting the crime. With such a trial, trial by jury was
frequently contrasted, and if the rigour of the civil law was not to be
insisted on, the only alternative seemed to be that the jury should form
their opinion as they could, if not from their own knowledge, then from
any materials that might be laid before them. This naturally did away
with any rules of evidence as we understand them, and consequently
Cobham's confession became as good evidence as the jury could expect to
have. In fact, as Sir James Stephen says, 'The only rules of evidence as
to matters of fact recognised in the sixteenth century seem to have been
the clumsy rules of the mediæval civil law, which were supposed to be
based on the Bible. If they were set aside, the jury were absolute,
practically absolute, and might decide upon anything which they thought
fit to consider evidence.' See further Gardiner's _History_, vol. i. pp.
108-140; and Stephen's _History of the Criminal Law_, vol. i. pp.
333-337.
Sir Walter Raleigh was tried at Winchester on the 17th of November 1603
before a commission consisting of Thomas Howard,[3] Earl of Suffolk,
Lord Chamberlain; Charles Blunt,[4] Earl of Devon; Lord Henry Howard,[5]
afterwards Earl of Northampton; Robert Cecil,[6] Earl of Salisbury;
Edward, Lord Wotton of Morley; Sir John Stanhope, Vice-Chamberlain; Lord
Chief-Justice of England Popham;[7] Lord Chief-Justice of the Common
Pleas Anderson;[8] Justices Gawdie and Warburton; and Sir W. Wade.
The indictment charged Raleigh with high treason by conspiring to
deprive the King of his government; to alter religion; to bring in the
Roman Superstition; and to procure foreign enemies to invade the
kingdom. The facts alleged to support these charges were that Lord
Cobham,[9] on the 9th of June 1603, met Raleigh at Durham House in
London, and conferred with him as to advancing Lady Arabella Stuart[10]
to the throne; that it was there agreed that Cobham should, with
Aremberg, the ambassador of the Archduke of Austria, bargain for a bribe
of 600,000 crowns; that Cobham should go to the Archduke Albert, to
procure his support for Lady Arabella, and from him to the King of
Spain; that Lady Arabella should write three letters to the Archduke, to
the King of Spain, and to the Duke of Savoy, promising to establish
peace between England and Spain, to tolerate the Popish and Roman
superstition, and to be ruled by them as to her marriage. Cobham was
then to return to Jersey, where he would find Raleigh and take counsel
with him as to how to distribute Aremberg's bribe. On the same day
Cobham told his brother Brook of all these treasons, and persuaded him
to assent to them; afterwards Cobham and Brook spoke these words, 'That
there would never be a good world in England till the King (meaning our
sovereign lord) and his cubs (meaning his royal issue) were taken away.'
Further Raleigh published a book to Cobham, written against the title of
the King, and Cobham published the same book to Brook. Further, Cobham,
on the 14th of June, at Raleigh's instigation, moved Brook to incite
Lady Arabella to write the letters as aforesaid. Also on the 17th of
June Cobham, at Raleigh's instigation, wrote to Aremberg through one
Matthew de Lawrency, to obtain the 600,000 crowns, which were promised
to him on the 18th of June, and of which Cobham promised 8000 to Raleigh
and 10,000 to Brook.
To this indictment Raleigh pleaded Not Guilty; and a jury was sworn, to
none of whom Raleigh took any objection.
Heale, the King's Serjeant, then opened the case very shortly, merely
reciting the facts mentioned in the indictment, concluding: 'Now,
whether these things were bred in a hollow tree, I leave him to speak
of, who can speak far better than myself; and so sat down again.
ATTORNEY-GENERAL (Sir Ed. Coke[11])--I must first, my lords,
before I come to the cause, give one caution, because we shall
often mention persons of eminent places, some of them great
monarchs: whatever we say of them, we shall but repeat what
others have said of them; I mean the Capital Offenders, in their
Confessions. We professing law must speak reverently of kings
and potentates. I perceive these honourable lords, and the rest
of this great assembly, are come to hear what hath been
scattered upon the wrack of report. We carry a just mind, to
condemn no man, but upon plain Evidence.
Here is Mischief, Mischief _in summo gradu_, exorbitant
Mischief. My Speech shall chiefly touch these three points:
Imitation, Supportation, and Defence. The Imitation of evil ever
exceeds the Precedent; as on the contrary, imitation of good
ever comes short. Mischief cannot be supported but by Mischief;
yea, it will so multiply, that it will bring all to confusion.
Mischief is ever underpropped by falsehood or foul practices:
and because all these things did concur in this Treason, you
shall understand the main, as before you did the bye. The
Treason of the bye consisteth in these Points: first that the
lord Grey, Brook, Markham, and the rest, intended by force in
the night to surprise the king's court; which was a Rebellion in
the heart of the realm, yea, in the heart of the heart, in the
Court. They intended to take him that is a sovereign, to make
him subject to their power, purposing to open the doors with
musquets and cavaliers, and to take also the Prince and Council:
then under the king's authority to carry the King to the Tower;
and to make a stale of the admiral. When they had the King
there, to extort three things from him, first, A Pardon for all
their Treasons: Secondly, A Toleration of the Roman
Superstition; which their eyes shall sooner fall out than they
shall ever see; for the king hath spoken these words in the
hearing of many, 'I will lose the crown and my life, before ever
I will alter Religion.' And thirdly, To remove Counsellors. In
the room of the Lord Chancellor, they would have placed one
Watson, a priest, absurd in Humanity and ignorant in Divinity.
Brook, of whom I will speak nothing, Lord Treasurer. The great
Secretary must be Markham; _Oculus patriæ_. A hole must be found
in my Lord Chief-Justice's coat. Grey must be Earl-Marshal, and
Master of the Horse, because he would have a table in court;
marry, he would advance the earl of Worcester to a higher place.
All this cannot be done without a multitude: therefore Watson
the priest tells a resolute man that the king was in danger of
Puritans and Jesuits; so to bring him in blindfold into the
action saying, That the king is no king till he be crowned;
therefore every man might right his own wrongs: but he is _rex
natus_, his dignity descends as well as yours, my lords. Then
Watson imposeth a blasphemous Oath, that they should swear to
defend the king's person; to keep secret what was given them in
charge, and seek all ways and means to advance the Catholic
Religion. Then they intend to send for the Lord Mayor and the
Aldermen, in the king's name, to the Tower; lest they should
make any resistance, and then take hostages of them; and to
enjoin them to provide for them victuals and munition. Grey,
because the king removed before Midsummer, had a further reach
to get a Company of Sword-men to assist the action: therefore he
would stay till he had obtained a regiment from Ostend or
Austria. So you see these Treasons were like Sampson's foxes,
which were joined in their tails, though their heads were
severed.
RALEIGH--You Gentlemen of the Jury, I pray remember, I am not
charged with the Bye, being the Treason of the priest.
ATTORNEY--You are not. My lords, you shall observe three things
in the Treasons: 1. They had a Watch-word (the king's safety):
their Pretence was _Bonum in se_; their Intent was _Malum in
se_: 2. They avouched Scripture; both the priests had _Scriptum
est_: perverting and ignorantly mistaking the Scriptures; 3.
They avouched the Common Law, to prove that he was no king until
he was crowned; alledging a Statute of 13 Elizabeth.
He then proceeds to mention other cases of treason where the accused had
considered that their acts were _bonum in se_, and, defining treason,
lays down that--
There is Treason in the heart, in the hand, in the mouth, in
consummation: comparing that _in corde_ to the root of a tree;
_in ore_, to the bud; _in manu_, to the blossom; and that which
is _in consummatione_, to the fruit. Now I come to your Charge,
You of the Jury: the greatness of Treason is to be considered in
these two things, _determinatione finis_, and _electione
mediorum_. This Treason excelleth in both, for that it was to
destroy the king and his progeny. These treasons are said to be
_crimen læsæ majestatis_; this goeth further, and may be termed,
_crimen extirpandæ regiæ majestatis_, and _totius progenici
suæ_. I shall not need, my lord, to speak anything concerning
the king, nor of the bounty and sweetness of his nature whose
thoughts are innocent, whose words are full of wisdom and
learning, and whose works are full of honour, although it be a
true saying, _Nunquam nimis quod nunquam satis_. But to whom do
you bear Malice? To the Children?
RALEIGH--To whom speak you this? You tell me news I never heard
of.
ATTORNEY--O sir, do I? I will prove you the notoriest traitor
that ever came to the bar. After you have taken away the king,
you would alter Religion: as you, sir Walter Raleigh, have
followed them of the Bye in Imitation: for I will charge you
with the words.
RALEIGH--Your words cannot condemn me; my innocency is my
defence. Prove one of these things wherewith you have charged
me, and I will confess the whole Indictment, and that I am the
horriblest traitor that ever lived, and worthy to be crucified
with a thousand thousand torments.
ATTORNEY--Nay, I will prove all: thou art a monster; thou hath
an English face but a Spanish heart. Now you must have Money;
Aremberg was no sooner in England (I charge thee, Raleigh) but
thou incitest Cobham to go unto him, and to deal with him for
Money, to bestow on discontented persons, to raise Rebellion on
the kingdom.
RALEIGH--Let me answer for myself.
ATTORNEY--Thou shalt not.
RALEIGH--It concerneth my life.
LORD CHIEF-JUSTICE--Sir Walter Raleigh, Mr. Attorney is but yet
in the General: but when the king's Council have given the
evidence wholly you shall answer every Particular.
ATTORNEY--O! do I touch you?
LORD CECIL--Mr. Attorney, when you have done with this General
Charge, do you not mean to let him answer every Particular?
ATTORNEY--Yes, when we deliver the Proofs to be read. Raleigh
procured Cobham to go to Aremberg, which he did by his
instigation: Raleigh supped with Cobham before he went to
Aremberg; after supper, Raleigh conducted him to Durham-House,
from thence Cobham went with Lawrency, a servant of Aremberg's
unto him, and went in by a back way. Cobham could never be quiet
until he had entertained this motion, for he had four Letters
from Raleigh. Aremberg answered, The Money should be performed,
but knew not to whom it should be distributed. Then Cobham and
Lawrency came back to Durham-House, where they found Raleigh.
Cobham and Raleigh went up and left Lawrency below, where they
had secret conference in a gallery; and after, Cobham and
Lawrency departed from Raleigh. Your jargon was Peace: what is
that? Spanish invasion, Scottish subversion. And again, you are
not a fit man to take so much Money for procuring of a lawful
Peace, for Peace procured by money is dishonourable. Then Cobham
must go to Spain, and return by Jersey, where you were Captain:
and then, because Cobham had not so much policy, or at least
wickedness, as you, he must have your advice for the
distribution of the money. Would you have deposed so good a
king, lineally descended of Elizabeth, eldest daughter of Edward
IV.? Why then must you set up another? I think you meant to make
Arabella a Titular Queen, of whose Title I will speak nothing;
but sure you meant to make her a stale. Ah! good lady, you could
mean her no good.
RALEIGH--You tell me news, Mr. Attorney.
ATTORNEY--Oh sir! I am the more large, because I know with whom
I deal: for we have to deal to-day with a man of wit.
RALEIGH--Did I ever speak with this lady?
ATTORNEY--I will track you out before I have done. Englishmen
will not be led by persuasion of words, but they must have books
to persuade.
RALEIGH--The Book was written by a man of your profession, Mr.
Attorney.
ATTORNEY--I would not have you so impatient.
RALEIGH--Methinks you fall out with yourself; I say nothing.
ATTORNEY--By this Book you will persuade men, that he is not the
lawful king. Now let us consider some circumstances: my lords,
you will know my lord Cobham (for whom we all lament and
rejoice; lament in that his house, which hath stood so long
unspotted, is now ruinated: rejoice, in that his Treasons are
revealed): he is neither politician nor swordman; Raleigh was
both, united in the Cause with him and therefore cause of his
destruction. Another circumstance is, the secret contriving of
it. Humphry Stafford claimed Sanctuary for Treason: Raleigh, in
his Machiavelian policy hath made a Sanctuary for Treason: he
must talk with none but Cobham; because, saith he, one Witness
can never condemn me. For Brook said unto sir Griffith Markham,
'Take heed how you do make my lord Cobham acquainted; for
whatsoever he knoweth, Raleigh the witch will get it out of
him.' As soon as Raleigh was examined on one point of Treason
concerning my lord Cobham he wrote to him thus: 'I have been
examined of you, and confessed nothing.' Further, you sent to
him by your trusty Francis Kemish,[12] that one witness could
not condemn; and therefore bade his lordship be of good courage.
Came this out of Cobham's quiver? No: but out of Raleigh's
Machiavelian and devilish policy. Yea, for Cobham did retract
it; why then did ye urge it? Now then see the most horrible
practices that ever came out of the bottomless pit of the lowest
hell. After that Raleigh had intelligence that Cobham had
accused him, he endeavoured to have intelligence from Cobham
which he had gotten by young sir John Payton: but I think it was
the error of his youth.
RALEIGH--The lords told it me, or else I had been sent to the
Tower.
ATTORNEY--Thus Cobham, by the instigation of Raleigh, entered
into these actions: so that the question will be, whether you
are not the principal traitor and he would nevertheless have
entered into it? Why did Cobham retract all the same? First,
because Raleigh was so odious, he thought he should fare the
worse for his sake; secondly, he thought thus with himself, If
he be free I shall clear myself the better. After this, Cobham
asked for a Preacher to confer with, pretending to have Dr.
Andrews;[13] but indeed he meant not to have him but Mr.
Galloway,[14] a worthy and reverent preacher, who can do more
with the King (as he said) than any other; that he seeing his
constant denial, might inform the king thereof. Here he plays
with the preacher. If Raleigh could persuade the lords that
Cobham had no intent to travel, then he thought all should be
well. Here is forgery! In the Tower, Cobham must write to sir
Thos. Vane, a worthy man, that he meant not to go to Spain:
which letter Raleigh devised in Cobham's name.
RALEIGH--I will wash my hands of the indictment, and die a true
man to the king.
ATTORNEY--You are the absolutist traitor that ever was.
RALEIGH--Your phrases will not prove it.
ATTORNEY--Cobham writeth a letter to my lord Cecil, and doth
with Mellis's man to lay it in a Spanish Bible and to make as
though he found it by chance. This was after he had intelligence
with this viper, that he was false.
LORD CECIL--You mean a letter intended to me; I never had it.
ATTORNEY--No, my lord, you had it not. You, my masters of the
jury, respect not the wickedness and hatred of the man, respect
his cause: if he be guilty, I know you will have care of it, for
the preservation of the king, the continuance of the Gospel
authorized, and the good of us all.
RALEIGH--I do not hear yet, that you have spoken one word
against me; here is no Treason of mine done: If my lord Cobham
be a Traitor, what is that to me?
ATTORNEY--All that he did was by thy instigation, thou viper;
for I 'thou' thee, thou Traitor.
RALEIGH--It becometh not a man of quality and virtue to call me
so: But I take comfort in it, it is all you can do.
ATTORNEY--Have I angered you?
RALEIGH--I am in no case to be angry.
CHIEF-JUSTICE POPHAM--Sir Walter Raleigh, Mr. Attorney speaketh
out of the zeal of his duty, for the service of the king, and
you for your life; be valiant on both sides.
_The Lord Cobham's Examination._[15]
'He confesseth, he had a Passport to go into Spain, intending
to go to the Archduke, to confer with him about these Practices;
and because he knew the Archduke had not Money to pay his own
army, from thence he meant to go to Spain to deal with the king
for the 600,000 crowns, and to return by Jersey; and that
nothing should be done, until he had spoken with sir Walter
Raleigh for distribution of the Money to them which were
discontented in England. At the first beginning, he breathed out
oaths and exclamations against Raleigh, calling him Villain and
Traitor; saying he had never entered into these courses but by
his instigation, and that he would never let him alone.' (Here
Mr. Attorney willed the Clerk of the Crown Office to read over
these last words again, 'He would never let him alone.')
'Besides he spake of plots and invasions; of the particulars
whereof he could give no account, though Raleigh and he had
conferred of them. Further he said, he was afraid of Raleigh,
that when he should return by Jersey, that he would have
delivered him and the Money to the king.' 'Being examined of sir
A. Gorge he freed him, saying, They never durst trust him: but
sir Arthur Savage they intended to use, because they thought him
a fit man.'
RALEIGH--Let me see the Accusation: this is absolutely all the
Evidence that can be brought against me; poor shifts! You
Gentlemen of the Jury, I pray you understand this. This is that
which must either condemn, or give me life; which must free me,
or send my wife and children to beg their bread about the
streets. This is that which must prove me a notorious Traitor,
or a true subject to the king. Let me see my Accusation, that I
may make my Answer.
CLERK OF THE COUNCIL--I did read it, and shew you all the
examinations.
RALEIGH--At my first examination at Windsor, my lords asked me
what I knew of Cobham's practice with Aremberg; I answered
negatively: and as concerning Arabella I protest before God I
never heard one word of it. If that be proved, let me be guilty
of 10,000 Treasons. It is a strange thing you will impute that
to me, when I never so much as heard the name of Arabella
Stuart, but only the name of Arabella. After being examined, I
told my lords, that I thought my lord Cobham had conference with
Aremberg; I suspected his visiting of him; for after he departed
from me at Durham-house I saw him pass by his own stairs, and
passed over to St. Mary Saviours, where I knew Lawrency, a
merchant, and a follower of Aremberg, lay, and therefore likely
to go unto him. My lord Cecil asked my opinion concerning
Lawrency; I said that if you do not apprehend Lawrency, it is
dangerous, he will fly; if you do apprehend him, you shall give
my lord Cobham notice thereof. I was asked who was the greatest
man with my lord Cobham; I answered, I knew no man so great with
him as young Wyat of Kent. As soon as Cobham saw my Letter to
have discovered his dealing with Aremberg in his fury he accused
me; but before he came to the stair-foot, he repented, and said
he had done me wrong. When he came to the end of his Accusation
he added, that if he had brought this money to Jersey, he feared
that I would have delivered him and the Money to the King. Mr.
Attorney, you said this never came out of Cobham's quiver; he is
a simple man. Is he so simple? no: he hath a disposition of his
own, he will not easily be guided by others; but when he has
once taken head in a matter, he is not easily drawn from it: he
is no babe.
He then goes on to point out the inherent improbabilities of Cobham's
story; he himself had no means for persuading the King of Spain to
disburse money, having lost his wardenship of the Stannaries; he knew
England to be stronger and Spain to be weaker than they had been; the
Spanish fleet had been ruined, and the trade with the Indies had fallen
off. Cobham had no money of his own. When Raleigh was examined, he had
£40,000 worth of Cobham's jewels which he had bought of him. 'If he had
had a fancy to run away he would not have left so much as to have
purchased a lease in fee-farm. I saw him buy £300 worth of books to send
to his library at Canterbury, and a cabinet of £30 to give to Mr.
Attorney for drawing the conveyances; and God in Heaven knoweth, not I,
whether he intended to travel or not. But for that practice with
Arabella, or letters to Aremberg framed, or any discourse with him, or
in what language he spake unto him; if I knew any of these things, I
would absolutely confess the indictment, and acknowledge myself worthy
of ten thousand deaths.'
_Cobham's second Examination read._
The lord Cobham being required to subscribe to an Examination,
there was shewed a Note under sir Walter Raleigh's hand; the
which when he had perused, he paused, and after brake forth into
those Speeches: Oh Villain! oh Traitor! I will now tell you all
the truth; and then he said, His purpose was to go into
Flanders, and into Spain, for the obtaining the aforesaid Money;
and that Raleigh had appointed to meet him in Jersey as he
returned home, to be advised of him about the distribution of
the Money.
LORD CHIEF-JUSTICE POPHAM--When Cobham answered to the
Interrogatories, he made scruple to subscribe, and being urged
to it, he said, if he might hear me affirm, that if a person of
his degree ought to set his hand he would: I lying then at
Richmond for fear of the plague was sent for, and I told he
ought to subscribe; otherwise it were a Contempt of a high
nature: then he subscribed. The lords questioned with him
further, and he shewed them a letter, as I thought written to
me, but it was indeed written to my lord Cecil; he desired to
see the Letter again, and then said, 'Oh wretch! oh traitor!'
whereby I perceived you had not performed that trust he had
reposed in you.
RALEIGH--He is as passionate a man as lives; for he hath not
spared the best friends he hath in England in his passion. My
lords, I take it, he that has been examined, has ever been asked
at the time of his Examination, if it be according to his
meaning, and then to subscribe. Methinks, my lords, when he
accuses a man, he should give some account and reason of it: it
is not sufficient to say we talked of it. If I had been the
plotter, would not I have given Cobham some arguments, whereby
to persuade the king of Spain, and answer his objections? I
knew Westmoreland and Bothwell, men of other understandings
than Cobham, were ready to beg their bread.
SIR THOS. FOWLER (one of the Jury)--Did sir Walter Raleigh write
a letter to my lord before he was examined concerning him or
not?
ATTORNEY--Yes.
LORD CECIL--I am in great dispute with myself to speak in the
case of this gentleman; a former dearness between me and him
tyed so firm a knot of my conceit of his virtues, now broken by
a discovery of his imperfections. I protest, did I serve a king
that I knew would be displeased with me for speaking, in this
case I would speak, whatever came of it; but seeing he is
compacted of piety and justice, and one that will not mislike of
any man for speaking the truth, I will answer your question. Sir
Walter Raleigh was staid by me at Windsor, upon the first news
of Copley, that the king's person should be surprized by my lord
Grey, and Mr. Geo. Brook; when I found Brook was in, I suspected
Cobham, then I doubted Raleigh to be a partaker. I speak not
this, that it should be thought I had greater judgment than the
rest of my lords in making this haste to have them examined.
Raleigh following to Windsor, I met with him upon the Terrace
and willed him, as from the king, to stay; saying the lords had
something to say to him; then he was examined, but not
concerning my lord Cobham but of the surprizing treason. My lord
Grey was apprehended, likewise Brook; by Brook, we found that he
had given notice to Cobham of the surprizing treason, as he
delivered it to us; but with as much sparingness of a brother as
he might. We sent for my lord Cobham to Richmond, where he
stood upon his justification and his quality; sometimes being
froward; he said he was not bound to subscribe, wherewith we
made the king acquainted. Cobham said, if my Lord Chief-Justice
would say it was a Contempt, he would subscribe; whereof being
resolved, he subscribed. There was a light given to Aremberg,
that Lawrency was examined; but that Raleigh knew that Cobham
was examined is more than I know.
RALEIGH--If my lord Cobham had trusted me in the Main, was not I
as fit a man to be trusted in the Bye?
LORD CECIL--Raleigh did by his Letters acquaint us that my lord
Cobham had sent Lawrency to Aremberg, when he knew not he had
any dealings with him.
LORD H. HOWARD--It made for you if Lawrency had been only
acquainted with Cobham, and not with you. But you knew his whole
estate, and were acquainted with Cobham's practice with
Lawrency: and it was known to you before that Lawrency depended
upon Aremberg.
ATTORNEY--1. Raleigh protested against the surprizing treason.
2. That he knew not of the matter touching Arabella. I would not
charge you, sir Walter, with the matter of falsehood: you say
you suspected the Intelligence that Cobham had with Aremberg by
Lawrency.
RALEIGH--I thought it had been no other intelligence, but such
as might be warranted.
ATTORNEY--Then it was but lawful suspicion. But to that whereas
you said, that Cobham had accused you in passion, I answer three
ways. 1. I observed, when Cobham said let me see the letter
again, he paused; and when he did see that count Aremberg was
touched, he cried out, oh traitor! oh villain! now will I
confess the whole truth. 2. The accusation of a man on hearsay
is nothing: would he accuse himself on passion and ruinate his
case and posterity out of malice to accuse you? 3. Could this be
out of passion? Mark the manner of it; Cobham had told this at
least two months before to his brother Brook, 'You are fools,
you are on the Bye, Raleigh and I are on the Main, we mean to
take away the king and his cubs.' This he delivered two months
before. So mark the manner and the matter; he would not turn the
weapon against his own bosom, and accuse himself to accuse you.
RALEIGH--Hath Cobham confessed that?
LORD CHIEF-JUSTICE--This is spoken by Mr. Attorney to prove that
Cobham's speech came not out of passion.
RALEIGH--Let it be proved that Cobham said so.
ATTORNEY--Cobham saith that he was a long time doubtful of
Raleigh that he would send him and the money to the king. Did
Cobham fear lest you would betray him in Jersey? Then of
necessity there must be trust between you. No man can betray a
man but he that is trusted, in my understanding. That is the
greatest argument to prove that he was acquainted with Cobham's
proceedings. Raleigh has a deeper reach, than to make himself as
he said, 'Robin Hood, a Kett, or Cade'; yet I never heard that
Robin Hood was a traitor; they say he was an outlaw. And whereas
he saith that our king is not only more wealthy and potent than
his predecessors, but also more politic and wise, so that he
could have no hope to prevail; I answer, There is no king so
potent, wise, and active, but he may be overtaken through
treason. Whereas you say Spain is so poor, discoursing so
largely thereof; it had been better for you to have kept in
Guiana, than to have been so well acquainted with the state of
Spain. Besides, if you could have brought Spain and Scotland to
have joined, you might have hoped to prevail a great deal the
better. For his six Overthrows, I answer, he hath the more
malice, because repulses breed desire of revenge. Then you say
you never talked with Cobham, but about leases, and letting
lands, and ordering his house; I never knew you Clerk of the
Kitchen, etc. If you had fallen on your knees at first and
confessed the Treason, it had been better for you. You say, He
meant to have given me a Cabinet of £30; perhaps he thought by
those means to have anticipated me therewith. But you say all
these are Circumstances: I answer, all this Accusation in
Circumstance is true. Here now I might appeal to my lords, that
you take hold of this, that he subscribed not to the Accusation.
LORD HENRY HOWARD--Cobham was not then pressed to subscribe.
ATTORNEY--His Accusation being testified by the lords, is of as
great force as if he had subscribed. Raleigh saith again, If the
Accuser be alive he must be brought face to face to speak; and
alledges 25 Edw. 3rd, that there must be two sufficient
Witnesses, that must be brought face to face before the accused;
and alledgeth 12 and 13 Elizabeth.
RALEIGH--You try me by the Spanish Inquisition, if you proceed
only by the Circumstances, without two Witnesses.
ATTORNEY--This is a treasonable speech.
RALEIGH--_Evertere Hominem justum in causa sua injustum est._
Good my lords, let it be proved, either by the laws of the land,
or the laws of God, that there ought not to be two Witnesses
appointed; yet I will not stand to defend this point in law, if
the king will have it so: it is no rare thing for a man to be
falsely accused. A Judge condemned a woman in Sarum for killing
her husband, on the testimony of one Witness; afterwards his man
confessed the Murder, when she was executed; who after being
touched in conscience for the Judgment was used to say: _Quod
nunquam de hoc facto animam in vita sua purgaret_. It is also
commanded by the Scripture; _Allocutus est Jehova Mosen, in Ore
duorum aut trium Testium_, etc. If Christ requireth it, as it
appeareth Matt. xviii.; if by the Canon, Civil Law, and God's
Word, it be required, that there must be two Witnesses at the
least, bear with me if I desire one. I would not desire to live,
if I were privy to Cobham's proceedings. I have been a slave, a
villain, a fool, if I had endeavoured to set up Arabella, and
refused so gracious a lord and sovereign. But urge your proofs.
LORD CHIEF-JUSTICE--You have offered Questions on diverse
Statutes, all which mention two accusers in case of Indictments:
you have deceived yourself, for the laws of 25 Edw. 3rd and 5
Edw. 6th are repealed. It sufficeth now if there be proofs made
either under hand, or by testimony of Witnesses, or by oaths; it
needs not the Subscription of the party, so there be hands of
credible men to testify the Examination.
RALEIGH--It may be an error in me; and if those laws be
repealed, yet I hope the equity of them remains still; but if
you affirm it, it must be a law to posterity. The Proof of the
Common Law is by witness and jury: let Cobham be here, let him
speak it. Call my accuser before my face, and I have done.
ATTORNEY--_Scientia sceleris est mera ignorantia._ You have read
the letter of the law, but understand it not. Here was your
anchor-hold, and your rendezvous: you trust to Cobham, either
Cobham must accuse you, or nobody; if he did, then it would not
hurt you, because he is but one Witness; if he did not, then you
are safe.
RALEIGH--If ever I read a word of the law or statutes before I
was Prisoner in the Tower, God confound me.
The Attorney-General then points out that Cobham confessed that he had a
passport to travel, by means of which he intended to go to the Archduke,
and then to the King of Spain to raise money, after which Raleigh
confessed that he was to have joined him in Jersey on his way home.
Cobham had further stated that nothing could be settled as to the
distribution of the money they were to receive without Raleigh's
concurrence. In reply, Raleigh pointed out that all this depended on
Cobham's accusation, which he had never signed or vouched. 'I beseech
you, my lords, let Cobham be sent for, charge him on his soul, on his
allegiance to the King; if he affirm it, I am guilty.'
LORD CECIL--It is the Accusation of my lord Cobham, it is the
Evidence against you: must it not be of force without his
subscription? I desire to be resolved by the Judges whether by
the law it is not a forcible argument of evidence.
JUDGES--My lord, it is.
RALEIGH--The king at his coronation is sworn _In omnibus
Judiciis suis æquitatem, non rigorem legis, observare_. By the
rigour and cruelty of the law it may be a forcible evidence.
LORD CHIEF-JUSTICE--That is not the rigour of the law, but the
justice of the law; else when a man hath made a plain
Accusation, by practice he might be brought to retract it again.
RALEIGH--Oh my lord, you may use equity.
LORD CHIEF-JUSTICE--That is from the king; you are to have
justice from us.
LORD ANDERSON--The law is, if the matter be proved to the jury,
they must find you guilty; for Cobham's Accusation is not only
against you, there are other things sufficient.
LORD CECIL--Now that sir Walter Raleigh is satisfied, that
Cobham's Subscription is not necessary, I pray you, Mr.
Attorney, go on.
RALEIGH--Good Mr. Attorney, be patient, and give me leave.
LORD CECIL--An unnecessary patience is a hindrance; let him go
on with his proofs, and then repel them.
RALEIGH--I would answer particularly.
LORD CECIL--If you would have a table and pen and ink, you
shall.
Then paper and ink was given him. Here the Clerk of the Crown
read the Letter, which the lord Cobham did write in July, which
was to the effect of his former Examination; further saying, 'I
have disclosed all: to accuse any one falsely, were to burden my
own conscience.'
ATTORNEY--Read Copley's Confession the 8th of June; He saith, He
was offered 1000 crowns to be in this action.
Here Watson's Additions were read. 'The great mass of Money from
the count was impossible,' etc.
Brook's Confession read. 'There have Letters passed,' saith he,
'between Cobham and Aremberg, for a great sum of money to assist
a second action, for the surprizing of his majesty.'
ATTORNEY--It is not possible it was of passion: for it was in
talk before three men, being severally examined, who agreed in
the sum to be bestowed on discontented persons; That Grey should
have 12,000 crowns, and Raleigh should have 8,000, or 10,000
crowns.
_Cobham's Examination, July 18._
If the money might be procured (saith he) then a man may give
pensions. Being asked if a pension should not be given to his
brother Brook, he denied it not.
_Lawrency's Examination._
Within five days after Aremberg arrived, Cobham resorted unto
him. That night that Cobham went to Aremberg with Lawrency,
Raleigh supped with him.
ATTORNEY--Raleigh must have his part of the Money, therefore he
is now a traitor. The crown shall never stand one year on the
head of the king (my master) if a traitor may not be condemned
by Circumstances: for if A tells B and B tells C and C D, etc.,
you shall never prove treason by two Witnesses.
_Raleigh's Examination was read._
He confesseth Cobham offered him 8,000 crowns, which he was to
have for the furtherance of the peace between England and Spain,
and that he should have it within three days. To which he said,
he gave this answer; When I see the Money, I will tell you more:
for I had thought it had been one of his ordinary idle conceits,
and therefore made no Account thereof.
RALEIGH--The Attorney hath made a long narration of Copley, and
the Priests, which concerns me nothing, neither know I how
Cobham was altered. For he told me if I would agree to further
the Peace, he would get me 8,000 crowns. I asked him, Who shall
have the rest of the money? He said, I will offer such a
nobleman (who was not named) some of the Money. I said, He will
not be persuaded by you, and he will extremely hate you for such
a motion. Let me be pinched to death with hot irons, if ever I
knew there was any intention to bestow the money on discontented
persons. I had made a discourse against the peace, and would
have printed it; if Cobham changed his mind, if the Priests, if
Brook had any such intent, what is that to me? They must answer
for it. He offered me the Money before Aremberg came, that is
difference of time.
SERJ. PHILIPS--Raleigh confesseth the matter, but avoideth it by
distinguishing of times. You said, it was offered you before the
coming of Aremberg, which is false. For you being examined
whether you should have such money of Cobham, or not, you said,
Yea, and that you should have it within two or three days. _Nemo
moriturus præsumitur mentiri._
LORD HENRY HOWARD--Alledge me any ground or cause, wherefore
you gave ear to my lord Cobham for receiving pensions, in
matters you had not to deal with.
RALEIGH--Could I stop my lord Cobham's mouth?
LORD CECIL--Sir Walter Raleigh presseth, that my lord Cobham
should be brought face to face. If he asks things of favour and
grace, they must come only from him that can give them. If we
sit here as commissioners, how shall we be satisfied whether he
ought to be brought, unless we hear the Judges speak?
LORD CHIEF-JUSTICE--This thing cannot be granted, for then a
number of treasons should flourish: the Accuser may be drawn by
practice whilst he is in person.
JUSTICE GAWDY--The Statute you speak of concerning two Witnesses
in case of Treason, is found to be inconvenient, therefore by
another law it was taken away.
RALEIGH--The common trial of England is by Jury and Witnesses.
LORD CHIEF-JUSTICE--No, by examination: if Three conspire a
Treason, and they all confess it; here is never a Witness, yet
they are condemned.[16]
JUSTICE WARBURTON--I marvel, sir Walter, that you, being of such
experience and wit, should stand on this point; for so many
horse-stealers may escape, if they may not be condemned without
witnesses. If one should rush into the king's Privy Chamber,
whilst he is alone, and kill the king (which God forbid), and
this man be met coming with his sword all bloody; shall not he
be condemned to death? My lord Cobham hath, perhaps, been
laboured withal; and to save you, his old friend, it may be
that he will deny all that which he hath said.
RALEIGH--I know not how you conceive the Law.
LORD CHIEF-JUSTICE--Nay, we do not conceive the Law, but we know
the Law.
RALEIGH--The wisdom of the law of God is absolute and perfect:
_Hæc fac et vives_, etc. But now by the Wisdom of the State, the
Wisdom of the Law is uncertain. Indeed, where the Accuser is not
to be had conveniently, I agree with you; but here my Accuser
may; he is alive, and in the house. Susanna had been condemned,
if Daniel had not cried out, 'Will you condemn an innocent
Israelite, without examination or knowledge of the truth?'
Remember it is absolutely the Commandment of God: If a false
witness rise up you shall cause him to be brought before the
Judges; if he be found false, he shall have the punishment which
the accused should have had. It is very sure for my lord to
accuse me is my certain danger, and it may be a means to excuse
himself.
LORD CHIEF-JUSTICE--There must not such a gap be opened for the
destruction of the king, as would be if we should grant this.
You plead hard for yourself, but the laws plead as hard for the
king. I did never hear that course to be taken in a case of
Treason, as to write one to another, or speak one to another,
during the time of their imprisonment. There hath been
intelligence between you; and what under-hand practices there
may be, I know not. If the circumstances agree not with the
Evidence, we will not condemn you.
RALEIGH--The king desires nothing but the knowledge of the
truth, and would have no advantage taken by severity of the law.
If ever we had a gracious king, now we have; I hope, as he is,
such are his ministers. If there be but a trial of five marks at
Common Law, a witness must be deposed. Good my lords, let my
Accuser come face to face, and be deposed.
LORD CHIEF-JUSTICE--You have no law for it: God forbid any man
should accuse himself upon his oath!
ATTORNEY--The law presumes, a man will not accuse himself to
accuse another. You are an odious man, for Cobham thinks his
cause the worse that you are in it. Now you shall hear of some
stirs to be raised in Scotland.
_Part of Copley's Examination._
'Also Watson told me, that a special person told him, that
Aremberg offered to him 1000 crowns to be in that action; and
that Brook said, the stirs in Scotland came out of Raleigh's
head.'
RALEIGH--Brook hath been taught his Lesson.
LORD HENRY HOWARD--This examination was taken before. Did I
teach him his lesson?
RALEIGH--I protest before God, I meant it not by any
privy-counsellor; but because money is scant, he will juggle on
both sides.
_Raleigh's Examination._
'The way to invade England, were to begin with Stirs in
Scotland.'
RALEIGH--I think so still: I have spoken it to divers of the
lords of the Council, by way of discourse and opinion.
ATTORNEY--Now let us come to those words, 'of destroying the
king and his cubs.'
RALEIGH--O barbarous! If they, like unnatural villains, should
use those words, shall I be charged with them? I will not hear
it; I was never any Plotter with them against my country, I was
never false to the crown of England. I have spent 4000 pounds of
my own against the Spanish Faction, for the good of my country.
Do you bring the words of these hellish spiders, Clark, Watson,
and others against me?
ATTORNEY--Thou hast a Spanish heart, and thyself art a Spider of
Hell; for thou confesseth the king to be a most sweet and
gracious prince, and yet hast conspired against him.
_Watson's Examination read._
'He said, that George Brook told him twice, That his brother,
the lord Cobham, said to him, that you are but on the bye, but
Raleigh and I are on the main.'
_Brook's Examination read._
'Being asked what was meant by this Jargon, the Bye and the
Main? he said, That the lord Cobham told him, that Grey and
others were in the Bye, he and Raleigh were on the Main. Being
asked, what exposition his brother made of these words? He said,
he is loath to repeat it. And after saith, by the Main was meant
the taking away of the king and his issue; and thinks on his
conscience, it was infused into his brother's head by Raleigh.'
_Cobham's Examination read._
'Being asked, if ever he had said, "It will never be well in
England, till the king and his cubs were taken away"; he said,
he had answered before, and that he would answer no more to that
point.'
RALEIGH--I am not named in all this: there is a law of two sorts
of Accusers; one of his own knowledge, another by hear-say.
EARL OF SUFFOLK--See the Case of Arnold.
LORD CHIEF-JUSTICE--It is the Case of sir Will. Thomas, and sir
Nicholas Arnold.
RALEIGH--If this may be, you will have any man's life in a week.
ATTORNEY--Raleigh saith, that Cobham was in a passion when he
said so. Would he tell his brother anything of malice against
Raleigh, whom he loved as his life?
RALEIGH--Brook never loved me; until his brother had accused me,
he said nothing.
LORD CECIL--We have heard nothing that might lead us to think
that Brook accused you, he was only in the surprizing Treason:
for by accusing you he should accuse his brother.
RALEIGH--He doth not much care for that.
LORD CECIL--I must judge the best. The accusation of his brother
was not voluntary; he pared everything as much as he could to
save his brother.
_Cobham's Examination read._
'He saith he had a Book written against the Title of the King,
which he had of Raleigh, and that he gave it to his brother
Brook: and Raleigh said it was foolishly written.'
ATTORNEY--After the king came within 12 miles of London, Cobham
never came to see him; and intended to travel without seeing the
queen and the prince. Now in this discontentment you gave him
the Book, and he gave it his brother.
RALEIGH--I never gave it him, he took it off my table. For I
well remember a little before that time I received a Challenge
from sir Amias Preston,[17] and for that I did intend to answer
it, I resolved to leave my estate settled, therefore I laid out
all my loose papers, amongst which was this Book.
LORD HOWARD--Where had you this Book?
RALEIGH--In the old Lord Treasurer's Study, after his death.
LORD CECIL--Did you ever shew or make known this Book to me?
RALEIGH--No, my lord.
LORD CECIL--Was it one of the books which was left to me or my
brother?
RALEIGH--I took it out of the study in my Lord Treasurer's house
in the Strand.
LORD CECIL--After my father's decease, sir Walter Raleigh
desired to search for some Cosmographical descriptions of the
Indies, which he thought were in his Study, and were not to be
had in print; which I granted, and would have trusted sir Walter
Raleigh as soon as any man: though since for some infirmities,
the bands of my affection to him have been broken; and yet
reserving my duty to the king my master, which I can by no means
dispense with, by God, I love him, and have a great conflict
within myself: but I must needs say, sir Walter used me a little
unkindly to take the Book away without my knowledge:
nevertheless, I need make no apology in behalf of my father,
considering how useful and necessary it is for privy-counsellors
and those in his place to intercept and keep such kind of
writings; for whosoever should then search his study may in all
likelihood find all the notorious Libels that were writ against
the late queen; and whosoever should rummage my Study, or at
least my Cabinet, may find several against the king, our
Sovereign Lord, since his accession to the throne.
RALEIGH--The Book was in Manuscript, and the late Lord Treasurer
had wrote in the beginning of it with his own Hand, these words,
'This is the Book of Robert Snagg.' And I do own, as my lord
Cecil has said, that I believe they may also find in my house
almost all the Libels that have been writ against the late
queen.
ATTORNEY--You were no privy-counsellor, and I hope never shall
be.
LORD CECIL--He was not a sworn counsellor of state, but he has
been called to consultations.
RALEIGH--I think it a very severe interpretation of the law, to
bring me within compass of Treason for this Book, writ so long
ago, of which nobody had read any more than the Heads of the
Chapters, and which was burnt by G. Brook without my privity;
admitting I had delivered the same to my lord Cobham, without
allowing or approving, but discommending it, according to
Cobham's first Accusation: and put the case, I should come to my
lord Cecil, as I have often done, and find a stranger with him,
with a packet of Libels, and my lord should let me have one or
two of them to peruse: this I hope is no Treason.
ATTORNEY--I observe there was intelligence between you and
Cobham in the Tower; for after he said it was against the king's
Title, he denied it again.
SIR W. WADE--First my lord Cobham confesseth it, and after he
had subscribed it, he revoked it again: to me he always said,
that the drift of it was against the king's Title.
RALEIGH--I protest before God, and all his works, I gave him not
the Book.
(_Note._--Sir Robert Wroth speaketh, or whispereth something
secretly.)
ATTORNEY--My lords, I must complain of Sir Robert Wroth; he says
this Evidence is not material.
SIR R. WROTH--I never spake the words.
ATTORNEY--Let Mr. Serjeant Philips testify whether he heard him
say the word or no.
LORD CECIL--I will give my word for sir R. Wroth.
SIR R. WROTH--I will speak as truly as you, Mr. Attorney, for my
God, I never spake it.
LORD CHIEF-JUSTICE--Wherefore should this Book be burnt?
RALEIGH--I burned it not.
SERJEANT PHILIPS--You presented your friend with it when he was
discontented. If it had been before the queen's death, it had
been a less matter; but you gave it him presently when he came
from the king, which was the time of his discontentment.
RALEIGH--Here is a Book supposed to be treasonable; I never read
it, commended it, or delivered it, nor urged it.
ATTORNEY--Why, this is cunning.
RALEIGH--Every thing that doth make for me is cunning, and every
thing that maketh against me is probable.
ATTORNEY--Lord Cobham saith, that Kemish came to him with a
letter torn, and did wish him not to be dismayed, for one
witness could not hurt him.
RALEIGH--This poor man hath been close prisoner these 18 weeks;
he was offered the rack to make him confess. I never sent any
such message by him; I only writ to him, to tell him what I had
done with Mr. Attorney; having of his at that time a great pearl
and a diamond.
LORD H. HOWARD--No circumstance moveth me more than this. Kemish
was never on the rack, the king gave charge that no rigour
should be used.
COMMISSIONERS--We protest before God, there was no such matter
intended to our knowledge.
RALEIGH--Was not the Keeper of the Rack sent for, and he
threatened with it?
SIR W. WADE--When Mr. Solicitor and myself examined Kemish, we
told him he deserved the Rack, but did not threaten him with it.
COMMISSIONERS--It was more than we knew.
_Cobham's Examination read._
He saith, Kemish brought him a Letter from Raleigh, and that
part which was concerning the Lords of the Council was rent out;
the Letter contained that he was examined, and cleared himself
of all; and that the lord H. Howard said, because he was
discontent, he was fit to be in the action. And further, that
Kemish said to him from Raleigh that he should be of good
comfort, for one witness could not condemn a man for treason.
LORD CECIL--Cobham was asked whether, and when, he heard from
you? He said, every day.
RALEIGH--Kemish added more, I never bade him speak those words.
(_Note._--Mr. Attorney here offered to interrupt him.)
LORD CECIL--It is his last discourse; give him leave Mr.
Attorney.
RALEIGH--I am accused concerning Arabella, concerning Money out
of Spain. My Lord Chief-Justice saith, a man may be condemned
with one witness, yea, without any witness. Cobham is guilty of
many things, _Conscientia mille testes_; he hath accused
himself, what can he hope for but mercy? My lords, vouchsafe me
this grace: Let him be brought, being alive, and in the house;
let him avouch any of these things, I will confess the whole
indictment and renounce the king's mercy.
LORD CECIL--Here hath been a touch of the lady Arabella Stuart,
a near kinswoman of the king's. Let us not scandal the innocent
by confusion of speech: she is as innocent of all these things
as I, or any man here; only she received a Letter from my lord
Cobham, to prepare her; which she laughed at, and immediately
sent it to the king. So far was she from discontentment, that
she laughed him to scorn. But you see how far the count of
Aremberg did consent.
_The lord Admiral (Nottingham) being by in a Standing, with the
lady Arabella, spake to the court_: The lady doth here protest
upon her salvation, that she never dealt in any of these things,
and so she willed me to tell the court.
LORD CECIL--The lord Cobham wrote to my lady Arabella, to know
if he might come to speak with her, and gave her to understand,
that there were some about the king that laboured to disgrace
her; she doubted it was but a trick. But Brook saith his brother
moved him to procure Arabella to write Letters to the king of
Spain; but he saith, he never did it.
RALEIGH--The lord Cobham hath accused me, you see in what manner
he hath forsworn it Were it not for his Accusation, all this
were nothing. Let him be asked, if I knew of the letter which
Lawrency brought to him from Aremberg. Let me speak for my life,
it can be no hurt for him to be brought; he dares not accuse me.
If you grant me not this favour, I am strangely used;
Campian[18] was not denied to have his accusers face to face.
LORD CHIEF-JUSTICE--Since he must needs have justice, the
acquitting of his old friend may move him to speak otherwise
than the truth.
RALEIGH--If I had been the infuser of all these Treasons into
him; you gentlemen of the jury, mark this, he said I have been
the cause of all his miseries, and the destruction of his house,
and that all evil hath happened unto him by my wicked counsel;
if this be true, whom hath he cause to accuse and to be revenged
on, but on me? and I know him to be as revengeful as any man on
earth.
ATTORNEY--He is a party, and may not come; the law is against
it.
RALEIGH--It is a toy to tell me of law; I defy such law, I stand
on the fact.
LORD CECIL--I am afraid my often speaking (who am inferior to my
lords here present) will make the world think that I delight to
hear myself talk. My affection to you, sir Walter, was not
extinguished, but slaked in regard to your deserts. You know the
law of the realm (to which your mind doth not contest) that my
lord Cobham cannot be brought.
RALEIGH--He may be, my lord.
LORD CECIL--But dare you challenge it?
RALEIGH--No.
LORD CECIL--You say that my lord Cobham, your main accuser,
must come to accuse you. You say he hath retracted: I say, many
particulars are not retracted. What the validity of all this is,
is merely left to the jury. Let me ask you this, If my lord
Cobham will say you were the only instigator of him to proceed
in the treason, dare you put yourself on this?
RALEIGH--If he will speak it before God and the king, that ever
I knew of Arabella's matter or the money out of Spain, or of the
surprizing treason; I put myself on it, God's will and the
king's be done with me.
LORD H. HOWARD--How! If he speak things equivalent to that you
have said?
RALEIGH--Yes, in the main point.
LORD CECIL--If he say, you have been the instigator of him to
deal with the Spanish king, had not the Council cause to draw
you hither?
RALEIGH--I put myself on it.
LORD CECIL--Then, sir Walter, call upon God and prepare
yourself; for I do verily believe that my lords will prove this.
Excepting your faults (I call them no worse), by God I am your
friend. The heat and passion in you, and the Attorney's zeal in
the king's service, make me speak this.
RALEIGH--Whosoever is the workman, it is reason he should give
an account of his work to his workmaster. But let it be proved
that he acquainted me with any of his conferences with Aremberg:
he would surely have given me some account.
LORD CECIL--That follows not: if I set you on work, and you give
me no account, am I therefore innocent?
ATTORNEY--For the lady Arabella, I said she was never
acquainted with the matter. Now that Raleigh had conference in
all these treasons, it is manifest. The jury hath heard the
matter. There is one Dyer, a pilot, that being in Lisbon met
with a Portugal gentleman, who asked him if the king of England
was crowned yet: to whom he answered, 'I think not yet, but he
shall be shortly.' Nay, saith the Portugal, that shall never be,
for his throat will be cut by Don Raleigh and Don Cobham before
he be crowned.
_Dyer_ was called and sworn, and delivered this evidence.
DYER--I came to a merchant's house in Lisbon, to see a boy that
I had there; there came a gentleman into the house, and
enquiring what countryman I was, I said, an Englishman.
Whereupon he asked me, if the king was crowned? And I answered,
No, but that I hoped he should be shortly. Nay, saith he, he
shall never be crowned; for Don Raleigh and Don Cobham shall cut
his throat ere that day come.
RALEIGH--What infer you upon this?
ATTORNEY--That your treason hath wings.
RALEIGH--If Cobham did practice with Aremberg, how could it not
but be known in Spain? Why did they name the Duke of Buckingham
with Jack Straw's treason, and the Duke of York with Jack Cade,
but that it was to countenance his treason? Consider, you
Gentlemen of the Jury, there is no cause so doubtful which the
king's council cannot make good against the law. Consider my
disability and their ability; they prove nothing against me,
only they bring the accusation of my lord Cobham which he hath
repented and lamented as heartily, as if it had been for an
horrible murder: for he knew that all this sorrow that should
come to me, is by his means. Presumptions must proceed from
precedent or subsequent facts. I have spent 40,000 crowns
against the Spaniards. I had not purchased £40 a year. If I had
died in Guiana, I had not left 300 marks a year to my wife and
son. I that have always condemned Spanish faction, methinks it
is a strange thing that now I should affect it! Remember what
St. Austin says, _Sic judicate tanquam ab alio mox judicandi;
unus judex, unum tribunal_. If you will be contented on
presumptions to be delivered up to be slaughtered, to have your
wives and children turned into the streets to beg their bread;
if you will be contented to be so judged, judge so of me.
SERJ. PHILIPS--I hope to make this so clear, as that the wit of
man shall have no colour to answer it. The matter is treason in
the highest degree, the end to deprive the king of his crown.
The particular treasons are these: first, to raise up rebellion,
and to effect that, to procure money; to raise up tumults in
Scotland, by divulging a treasonable Book against the king's
right to the crown; the purpose, to take away the life of his
majesty and his issue. My lord Cobham confesseth sir Walter to
be guilty of all these treasons. The question is, whether he be
guilty as joining with him, or instigating of him? The course to
prove this was by my lord Cobham's accusation. If that be true,
he is guilty, if not he is clear. So whether Cobham say true, or
Raleigh, that is the question. Raleigh hath no answer but the
shadow of as much wit as the wit of man can devise. He useth his
bare denial; the denial of a defendant must not move the jury.
In the Star Chamber, or in the Chancery, for matter of title, if
the defendant be called in question, his denial on his oath is
no evidence to the court to clear him, he doth it _in propria
causa_; therefore much less in matters of treason. Cobham's
testification against him before them, and since, hath been
largely discoursed.
RALEIGH--If truth be constant, and constancy be in truth, why
hath he forsworn that that he hath said? You have not proved any
one thing against me by direct proofs, but all by circumstances.
ATTORNEY--Have you done? The king must have the last.
RALEIGH--Nay, Mr. Attorney, he which speaketh for his life, must
speak last. False repetitions and mistakings must not mar my
cause. You should speak _secundum allegata et probata_. I appeal
to God and the king in this point whether Cobham's accusation is
sufficient to condemn me.
ATTORNEY--The king's safety and your clearing cannot agree. I
protest before God, I never knew a clearer treason.
RALEIGH--I never had intelligence with Cobham since I came to
the Tower.
ATTORNEY--Go to, I will lay thee upon thy back, for the
confidentest traitor that ever came at a bar. Why should you
take 8,000 crowns for a peace?
LORD CECIL--Be not so impatient, good Mr. Attorney. Give him
leave to speak.
ATTORNEY--If I may not be patiently heard, you will encourage
traitors and discourage us. I am the king's sworn servant, and
must speak; if he be guilty, he is a traitor; if not, deliver
him.
(_Note._--Here Mr. Attorney sat down in a chafe and would speak
no more until the commissioners urged and intreated him. After
much ado, he went on, and made a long repetition of all the
evidence for the direction of the jury; and at the repeating of
some things, sir Walter Raleigh interrupted him and said he did
him wrong.)
ATTORNEY--Thou art the most vile and execrable traitor that ever
lived.
RALEIGH--You speak indiscreetly, barbarously, and uncivilly.
ATTORNEY--I want words sufficient to express thy viperous
treasons.
RALEIGH--I think you want words indeed, for you have spoken one
thing half a dozen times.
ATTORNEY--Thou art an odious fellow, thy name is hateful to all
the realm of England for thy pride.
RALEIGH--It will go near to prove a measuring cast between you
and me, Mr. Attorney.
ATTORNEY--Well, I will now make it appear to the world that
there never lived a viler viper upon the face of the earth than
thou.--And there withal he drew a letter out of his pocket
saying further--My lords, you shall see this is an agent that
hath writ a treatise against the Spaniard, and hath ever so
detested him; this is he that hath spent so much money against
him in service; and yet you shall all see whether his heart be
not wholly Spanish. The lord Cobham, who of his own nature was a
good and honourable gentleman, till overtaken by this wretch now
finding his conscience heavily burdened with some courses which
the subtlety of this traitor had drawn him into, my lords, he
could be at no rest with himself, nor quiet in his thoughts,
until he was eased of that heavy weight: out of which passion of
his mind and discharge of his duty to his prince and his
conscience to God, taking it upon his salvation that he wrote
nothing but the truth, with his own hands he wrote this letter.
Now sir, you shall see whether you had intelligence with Cobham
within four days before he came to the Tower. If he be wholly
Spanish, that desired a pension of £1500 a year from Spain, that
Spain by him might have intelligence, then Raleigh is a traitor:
he hath taken an apple and pinned a letter into it and threw it
into my lord Cobham's window, the contents whereof were this,
'It is doubtful whether we shall be proceeded with or no,
perhaps you shall not be tried.' This was to get a retractation.
Oh! it was Adam's apple whereby the devil did deceive him.
Further he wrote thus, 'Do not as my lord of Essex did; take
heed of a preacher, for by his persuasion he confessed and made
himself guilty.'[19] I doubt not but this day God shall have as
great a conquest by this traitor, and the Son of God shall be as
much glorified as when it was said _Vicisti Galilæe_; you know
my meaning. What though Cobham retracted, yet he could not rest
or sleep until he had confirmed it again. If this be not enough
to prove him a traitor, the king my master shall not live three
years to an end.
(_Note._--Here Mr. Attorney produced the lord Cobham's letter,
and as he read it, inserted some speeches.)
'I have thought fit to set down this to my lords, wherein I
protest on my soul to write nothing but the truth. I am now come
near the period of my time, therefore I confess the whole truth
before God and his angels. Raleigh, four days before I came from
the Tower, caused an apple' (Eve's apple) 'to be thrown in at my
chamber window; the effect of it was, to intreat me to right the
wrong that I had done him, in saying, "that I should have come
home by Jersey"; which under my hand to him I have retracted.
His first Letter I answered not, which was thrown in the same
manner; wherein he prayed me to write him a Letter, which I did.
He sent me word, that the Judges met at Mr. Attorney's house,
and that there was good hope the proceedings against us should
be stayed: he sent me another time a little tobacco. At
Aremberg's coming, Raleigh was to have procured a pension of
£1500 a year, for which he promised, that no action should be
against Spain, the Low Countries, or the Indies, but he would
give knowledge beforehand. He told me, the States had audience
with the king.'--(_Attorney._ 'Ah! is not this a Spanish heart
in an English body?') 'He hath been the original cause of my
ruin; for I had no dealing with Aremberg, but by his
instigation. He hath also been the cause of my discontentment;
he advised me, not to be overtaken by preachers, as Essex was;
and that the king would better allow of a constant denial, than
to accuse any.'
ATTORNEY--Oh, damnable atheist! He hath learned some Text of
Scripture to serve his own purpose, but falsely alledged. He
counsels him not to be counselled by preachers, as Essex was: He
died the child of God, God honoured him at his death; thou wast
by when he died: _Et lupus et turpes instant morientibus Ursæ_.
He died indeed for his offence. The king himself spake these
words: 'He that shall say, Essex dies not for Treason, is
punishable.'
RALEIGH--You have heard a strange tale of a strange man. Now he
thinks, he hath matter enough to destroy me; but the king and
all of you shall witness, by our deaths, which of us was the
ruin of the other. I bid a poor fellow throw in the Letter at
his window, written to this purpose; 'You know you have undone
me, now write three lines to justify me.' In this I will die,
that he hath done me wrong: Why did not he acquaint him with my
dispositions?
LORD CHIEF-JUSTICE--But what say you now of the Letter, and the
Pension of £1500 per annum?
RALEIGH--I say, that Cobham is a base, dishonourable, poor soul.
ATTORNEY--Is he base? I return it into thy throat on his behalf:
but for thee he had been a good subject.
LORD CHIEF-JUSTICE--I perceive you are not so clear a man, as
you have protested all this while; for you should have
discovered these matters to the king.
(_Note._--Here Raleigh pulled a Letter out of his pocket, which
the lord Cobham had written to him, and desired my lord Cecil to
read it, because he only knew his hand; the effect of it was as
follows:)
_Cobham's Letter of Justification to Raleigh._
'Seeing myself so near my end, for the discharge of my own
conscience, and freeing myself from your blood, which else will
cry vengeance against me; I protest upon my salvation I never
practised with Spain by your procurement; God so comfort me in
this my affliction, as you are a true subject, for any thing
that I know. I will say as Daniel, _Purus sum a sanguine hujus_.
God have mercy upon my soul, as I know no Treason by you.'
RALEIGH--Now I wonder how many souls this man hath. He damns one
in this Letter and another in that.
(Here was much ado: Mr. Attorney alledged, that his last Letter
was politicly and cunningly urged from the lord Cobham, and that
the first was simply the truth; and lest it should seem doubtful
that the first Letter was drawn from my lord Cobham by promise
of mercy, or hope of favour, the Lord Chief-Justice willed that
the Jury might herein be satisfied. Whereupon the earl of
Devonshire delivered that the same was mere voluntary, and not
extracted from the lord Cobham upon any hopes or promise of
Pardon.)
This concluded the evidence, and the jury having retired for less than a
quarter of an hour, they returned, and brought in a verdict of Guilty.
When asked whether he had anything to say why judgment should not be
passed upon him, Raleigh said that he had never practised with Spain,
that he never knew that Cobham meant to get there ('I will ask no mercy
at the king's hands, if he will affirm it'), that he never knew of the
practice with lady Arabella, that he knew nothing of Cobham's practice
with Aremberg, nor of the surprising Treason.
The Lord Chief-Justice replied that he was persuaded that Cobham had
accused him truly, and reminded him that he had been offered a pension
to act as a spy for Spain. Raleigh answered that he submitted himself,
and his 'son of tender years, unbrought up,' to the king's mercy.
LORD CHIEF-JUSTICE--I thought I should never have seen this day,
to have stood in this place to give Sentence of Death against
you; because I thought it impossible, that one of so great parts
should have fallen so grievously. God hath bestowed on you many
benefits. You had been a man fit and able to have served the
king in good place. You had brought yourself into a good state
of living; if you had entered into a good consideration of your
estate and not allowed your own wit to have intrapped yourself,
you might have lived in good comfort. It is best for man not to
seek to climb too high, lest he fall: nor yet to creep too low,
lest he be trodden on. It was the Poesy of the wisest and
greatest Counsellor of our time in England, _In media spatio
mediocria firma locantur_. You might have lived well with £3000
a year, for so have I heard your revenues to be. I know nothing
might move you to be discontented: but if you had been down, you
know fortune's wheel, when it is turned down, riseth again. I
never heard that the king took away anything from you but the
Captainship of the Guard, which he did with very good reason, to
have one of his own knowledge, whom he might trust, in that
place. You have been taken for a wise man, and so have shewed
wit enough this day. Again for Monopolies for Wine, etc., if the
king had said, It is a matter that offends my people, should I
burden them for your private good? I think you could not well
take it hardly, that his subjects were eased, though by your
private hindrance. Two vices have lodged chiefly in you; one is
an eager ambition, the other corrupt covetousness. Ambition, in
desiring to be advanced to equal grace and favour, as you have
been beforetime; that grace you had then, you got not in a day
or year. For your covetousness, I am sorry to hear that a
gentleman of your wealth should become a base Spy for the enemy,
which is the vilest of all other; wherein on my conscience,
Cobham hath said true: by it you would have increased your
living £1500 a year. This covetousness is like canker, that eats
the iron place where it lives. Your case being thus, let it not
grieve you if I speak a little out of zeal, and love to your
good. You have been taxed by the world, with the Defence of the
most heathenish and blasphemous Opinions, which I list not to
repeat, because Christian ears cannot endure to hear them, nor
the authors and maintainers of them be suffered to live in any
Christian Commonwealth. You know what men said of Harpool. You
shall do well, before you go out of the world, to give
satisfaction therein, and not die with these imputations on you.
Let not any devil persuade you to think there is no eternity in
Heaven: for if you think thus, you shall find eternity in
Hell-fire. In the first accusation of my lord Cobham, I observed
his manner of speaking; I protest before the living God, I am
persuaded he spoke nothing but the truth. You wrote, that he
should not in any case confess any thing to a Preacher, telling
him an example of my lord of Essex, that noble earl that is
gone; who, if he had not been carried away with others, had
lived in honour to this day among us: he confessed his
offences, and obtained mercy of the Lord; for I am verily
persuaded in my heart, he died a worthy servant of God. Your
conceit of not confessing anything is very inhuman and wicked.
In this world is the time for confessing, that we may be
absolved in the Day of Judgment. You have shewed a fearful sign
of denying God, in advising a man not to confess the truth. It
now comes to my mind, why you may not have your Accuser come
face to face: for such an one is easily brought to retract, when
he seeth there is no hope of his own life. It is dangerous that
any Traitors should have access to, or conference with one
another; when they see themselves must die, they will think it
best to have their fellow live, that he may commit the like
treason again, and so in some sort seek revenge.--Now it resteth
to pronounce the Judgment, which I wish you had not been this
day to have received of me: for if the fear of God in you had
been answerable to your other great parts, you might have lived
to have been a singular good subject.
I never saw the like Trial, and hope I shall never see the like
again.
_The Judgment._
But since you have been found guilty of these horrible Treasons,
the judgment of this court is, That you shall be had from hence
to the place whence you came, there to remain until the day of
execution; and from thence you shall be drawn upon a hurdle
through the open streets to the place of execution, there to be
hanged and cut down alive, and your body shall be opened, your
heart and bowels plucked out, and your privy members cut off,
and thrown into the fire before your eyes; then your head to be
stricken off from your body, and your body shall be divided into
four quarters, to be disposed of at the king's pleasure: And God
have mercy upon your soul.
The execution of sentence on Raleigh was deferred, and he was committed
to the Tower, where he remained as a State prisoner for the next
thirteen years, engaged in philosophic and scientific pursuits and the
education of Prince Henry, the then Prince of Wales. All this time,
however, he remained a person of considerable political importance,
owing to the assistance which the opponents of the proposed marriage
between Prince Charles and the Spanish Infanta hoped to derive from his
general popularity, and his reputation as the leading representative of
English hatred of Spain. At last, in 1616, he was released from custody,
though he was still technically a condemned man, and allowed to prepare
his expedition in search of the gold-mine which he believed to exist in
Guiana, on the banks of the Orinoco. The expedition was in fact promoted
by Winwood, then Secretary, and Villiers, who was at the moment in the
hands of the enemies of Somerset and the Spanish faction, and was always
intended by them as an act of hostility to Spain. How far Raleigh
entered into it in the spirit in which he represented it to the King,
may be judged of from the fact that he was ready at one time to direct
it against the Spaniards in Genoa, as a relief to the Duke of Savoy,
with whom they were then at war, and at another against the French, to
support a rebellion against the Queen-Mother, then in power. He had also
entered into negotiations with the French Court to bring his ships back
to France rather than England when its end was accomplished. What
Raleigh's actual intentions were when he started, it is impossible to
say. But they were all frustrated when a force which he sent up the
Orinoco was disastrously defeated in January 1617, in an attack on a
Spanish settlement, which was unexpectedly discovered between the sea
and the supposed situation of the mine. Raleigh returned a ruined man.
He wished himself to go to France, but his crew forced him to promise to
obtain their pardon from the King before he brought his ship into port.
In the end, after having touched at Kinsale, he persuaded his men to
sail for Plymouth. On landing he set out for London, but on the way met
his cousin, Sir Lewis Stukely, Vice-Admiral of Devon, charged with
orders to arrest him. Returning to Plymouth, he found means to put
himself into communication with the captain of a French ship, lying in
the Sound. Preparations were made for his escape in her, but Raleigh
changed his mind when he was actually in a boat on his way to board her,
and returned to land. Soon after orders came that he should be brought
up to London; but he managed to procure a little more time by feigning
illness at Salisbury. Here he attempted to bribe Stukely to allow him to
escape; but this proving in vain, he sent King, one of his captains, to
hire a vessel at Gravesend to await him till he could go on board. The
master, however, communicated the plan to a captain of one of the King's
ships, who passed it on to Stukely, who thereupon communicated both
attempts to the King. The next day Stukely sent the further information
to the Court, that Le Clerc, the agent of the King of France, had
offered Raleigh a passage on a French ship, and letters which would
procure him an honourable reception in France, which Raleigh had refused
on the ground that his escape was already provided for. Stukely was
accordingly ordered to feign friendship with Raleigh, and to aid his
attempt to escape, arresting him at the last moment; the object being to
gain as much information as to his designs as he could from Raleigh, and
possibly to obtain papers which would contain evidence against him and
his confederates. Raleigh was thereupon taken to his own house in Bread
Street, where he received a visit from Le Clerc, who repeated his
offers, which were accepted, and he was finally arrested the next
morning as he was escaping in a boat with Stukely and King, and brought
back once more to the Tower. Here Sir Thomas Wilson, an old spy of Queen
Elizabeth's, was set to extract from him, if he could, an acknowledgment
of the true character of his dealings with the French; and at length
Raleigh wrote to the King admitting that he had sailed with a commission
from the French admiral, and that La Chesnée, the interpreter to the
French Ambassador, had offered to assist in his escape. Meanwhile a
commission had been sitting to advise the King as to the best course for
him to follow. In the end they reported that Raleigh could not be tried
for any offence of which he had been guilty as an attainted man, that if
he were executed at all, he must therefore be executed upon the old
judgment, and that it would not be illegal to send him to execution on a
simple warrant. At the same time, they recommended that he should be
allowed something as near a trial as the circumstances admitted of; that
there should be a public proceeding in which the witnesses should be
publicly called, and that Raleigh should be heard in his own defence.
This, however, the King would not allow; and on the 28th of October
1618, Raleigh was brought up from the Tower to the King's Bench at
Westminster to receive judgment. He was called on to say why execution
should not be awarded against him, and pleaded that whereas since
judgment he had held the King's commission for a voyage beyond the seas,
with power of life and death over others, he was discharged of the
judgment; 'but the voyage, notwithstanding my endeavour, had no other
success, but what was fatal to me, the loss of my son, and the wasting
of my whole estate.'
Sir Edward Coke, now Lord Chief-Justice, ruled that this plea was bad,
as the commission had not the effect of a pardon, 'for by words of a
special nature, in case of treason, you must be pardoned, and not
implicitly.' He then proceeded, not without dignity, to order that
execution should be granted.
The night before the Execution, Sir Walter wrote the following
Letters, the one to the King, the other to his Wife:--
_Sir Walter Raleigh's Letter to the King._
'The life which I had, most mighty prince, the law hath taken
from me, and I am now but the same earth and dust out of which I
was made. If my offence had any proportion with your majesty's
mercy, I might despair, or if my deserving had any quantity with
your majesty's unmeasurable goodness, I might yet have hope; but
it is you that must judge that, not I. Name, blood, gentility or
estate, I have none; no not so much as a _vitam plantæ_: I have
only a penitent soul in a body of iron, which moveth towards the
loadstone of death, and cannot be with-held from touching it,
except your majesty's mercy turn the point towards me that
expelleth. Lost I am for hearing of vain man, for hearing only,
and never believing or accepting: and so little account I made
of that speech of his, which was my condemnation (as my
forsaking him doth truly witness), that I never remembered any
such thing, till it was at my trial objected against me. So did
he repay my care, who cared to make him good, which I now see no
care of man can effect. But God (for my offence to him) hath
laid this heavy burden upon me, miserable and unfortunate wretch
that I am! But for not loving you (my sovereign), God hath not
laid this sorrow on me; for he knows (with whom I am not in case
to lie) that I honoured your majesty by fame, and loved and
admired you by knowledge; so that whether I live or die, your
majesty's loving servant I will live and die. If now, I write
what seems not well-favoured, most merciful prince, vouchsafe to
ascribe it to the counsel of a dead heart, and to a mind that
sorrow hath confounded. But the more my misery is, the more is
your majesty's mercy, if you please to behold it, and the less I
can deserve, the more liberal your majesty's gift shall be:
herein you shall only imitate God, by giving free life; and by
giving it to such a one, from whom there can be no retribution,
but only a desire to pay a lent life with the same great love,
which the same great goodness shall bestow on it. This being the
first letter that ever your majesty received from a dead man: I
humbly submit myself to the will of God, my supreme lord, and
shall willingly and patiently suffer whatsoever it shall please
your majesty to afflict me withal.
'WALTER RALEIGH.'
_Sir Walter Raleigh's Letter to his Wife._
'You shall now receive, my dear wife, my last words in these my
last lines. My love I send you, that you may keep it when I am
dead; and my counsel, that you may remember it when I am no
more. I would not by my Will present you with sorrows, dear
Besse, let them go into the grave with me, and be buried in the
dust. And seeing that it is not God's will that I should see you
any more in this life, bear it patiently, and with a heart like
thyself. First, I send you all the thanks which my heart can
conceive, or my words can rehearse, for your many travails, and
care taken for me; which though they have not taken effect as
you wished, yet my debt to you is not the less; but pay it I
never shall in this world. Secondly, I beseech you, for the love
you bare me living, do not hide yourself many days, but by your
travels seek to help your miserable fortunes, and the right of
your poor child. Thy mourning cannot avail me, I am but dust.
Thirdly, you shall understand that my land was conveyed _bona
fide_ to my child: the Writings were drawn at Midsummer was
twelve months, my honest cousin Brett can testify so much, and
Dolberry too can remember somewhat therein. And I trust my blood
will quench their malice that have cruelly murdered me, and that
they will not seek also to kill thee and thine with extreme
poverty. To what friend to direct thee I know not, for all mine
have left me in the true time of trial. And I perceive that my
death was determined from the first day. Most sorry I am, God
knows, that being thus surprised with death I can leave you in
no better estate. God is my witness, I meant you all my office
of wines, or all that I could have purchased by selling it,
half my stuff, and all my jewels, but some one for the boy; but
God hath prevented all my resolutions, that great God that
ruleth all in all: but if you can live free from want, care for
no more, the rest is but vanity. Love God, and begin betimes to
repose yourself upon him, and therein shall you find true and
lasting riches and endless comfort: for the rest, when you have
travelled and wearied your thoughts over all sorts of worldly
cogitations, you shall but sit down by sorrow in the end. Teach
your son also to love and fear God whilst he is yet young, that
the fear of God may grow with him; and then God will be a
husband to you, and a father to him; a husband and a father that
cannot be taken from you. Baily oweth me £500 and Adrian £600 in
Jersey. I also have much owing me besides. The arrearages of the
wines will pay your debts. And howsoever you do, for my soul's
sake, pay all poor men. When I am gone, no doubt you shall be
sought to, for the world thinks I was very rich. But take heed
of the pretences of men, and their affections, for they last not
but in honest and worthy men; and no greater misery can befall
you in this life than to become a prey, and afterwards to be
despised. I speak not this, God knows, to dissuade you from
marriage, for it will be best for you both in respect of the
world and of God. As for me, I am no more yours, nor you mine,
death hath cut us asunder; and God hath divided me from the
world and you from me. Remember your poor child for his father's
sake who chose you and loved you in his happiest times. Get
those Letters, if it be possible, which I writ to the lords,
wherein I sued for life: God is my witness it was for you and
yours that I desired life; but it is true that I disdained
myself for begging of it: for know it, my dear wife, that your
son is the son of a true man, and who, in his own respect,
despiseth death, and all his misshapen and ugly form. I cannot
write much, God he knows how hardly I steal this time while
others sleep, and it is also time that I should separate my
thoughts from the world. Beg my dead body, which living was
denied thee; and either lay it at Sherburne (and if the land
continue) or in Exeter church by my father and mother. I can say
no more, Time and Death call me away; the everlasting, powerful,
infinite and omnipotent God, that Almighty God, who is goodness
itself, the true life and true light, keep thee and thine, have
mercy on me, and teach me to forgive my persecutors and
accusers, and send us to meet in his glorious kingdom. My dear
wife, farewell. Bless my poor boy. Pray for me, and let my good
God hold you both in his arms. Written with the dying hand of
sometime thy husband, but now alas overthrown.'
'WALTER RALEIGH.'
On the 29th of October 1618, at nine o'clock in the morning, Raleigh was
brought to the scaffold in Old Palace Yard. As he began to make his
dying speech he saw Lords Arundel, Northampton, and Doncaster with other
lords and knights at a window, but too far off to hear him easily. 'I
will strain my voice,' said he, 'for I would willingly have your honours
hear me'; whereupon Arundel and the others came down to the scaffold,
and he having saluted them, began his speech again. He made no
reference to his original conviction, but occupied himself in
justifying his conduct since his return from Guiana. He denied having
had any commission from the French king, or knowing anything of a French
agent till he met him in his lodgings. He never spoke dishonourably of
the King. He did try to escape, but it was to save his life; and he
feigned illness at Salisbury, but it was in the hope of being able to
work upon the King's pity. He forgave the Frenchman, Le Clerc or La
Chesnée, and Sir Lewis Stukeley, 'for I have received the Sacrament this
morning of Mr. Dean of Westminster, and I have forgiven all men; but
that they are perfidious, I am bound in charity to speak, that all men
may take heed of them,' Stukeley, 'my keeper and kinsman,' had said that
he had told him that Carew and Doncaster had advised him to escape; but
this was not true; and it was needless that they should so tell him, for
he was left as much as ten days together at liberty to go where he
would. He had not offered Stukeley any money to procure his escape. So
far was it from being the case that he was brought by force into
England, his soldiers mutinied, and forced him to take an oath that he
would not go there till they would; and it was only by great exertions
that he persuaded them to go to Ireland, and then to England. He had
only £100 with him when he started for Guiana, and of that he gave his
wife £25. 'It is said that I should be a persecutor of the death of the
Earl of Essex, and that I stood in a window over against him when he
suffered, and puffed out tobacco in disdain of him. God I take to
witness, I shed tears for him when he died; and as I hope to look God in
the face hereafter, my lord of Essex did not see my face when he
suffered, for I was afar off in the Armoury when I saw him, but he saw
not me. I confess indeed I was of the contrary faction, but I know my
lord of Essex was a noble gentleman, and that it would be worse with me
when he was gone; for I got the hate of those who wished me well before,
and those that set me against him afterwards set themselves against me,
and were my greatest enemies, and my soul hath many times been grieved
that I was not nearer him when he died; because, as I understood
afterwards, that he asked for me at his death to have been reconciled
unto me.' And then proclamation having been made, he took leave of the
lords, knights, and gentlemen on the scaffold, particularly of Lord
Arundel, and asked to see the axe, and when it was brought to him, he
felt along the edge of it, and smiling, said to the sheriff, 'This is a
sharp medicine, but it is a physician that will cure all diseases.' He
then prayed a little, and having made the sign, the executioner cut off
his head with two blows.
FOOTNOTES:
[1] The following are the leading dates in Raleigh's life. He was born
about 1562 at Hayes, near Budleigh Salterton; he was at Oriel in 1572;
he was present at the battles of Jarnac and Montcontour in 1569; he may
have been in Paris during the massacre of St. Bartholomew in 1572; he
was in Islington in 1577; and fighting in the Low Countries in 1578. He
left England on a freebooting expedition the same year, and returned in
1579. He was about the Court on his return, and in 1580 went to Ireland,
where he massacred the Spanish prisoners taken at Smerwick. In 1581 he
returned to the Court, and attracted the Queen's notice, possibly by
laying down his cloak for her to walk over, according to the well-known
legend, for which Professor Laughton and Mr. Sidney Lee consider that
there may be a foundation in fact. He was knighted in 1584, and made
Warden of the Stannaries in 1585, and subsequently received many other
profitable grants. In 1584 he sent out the expedition which discovered
Virginia, and other expeditions to occupy it, but without success, in
1585 and 1587. In 1588 began his quarrel with Essex; he was in Ireland
in 1589, and returned to introduce Spenser to the Queen. In 1592 he
helped to fit out a powerful expedition, and against the Queen's orders
took it to sea himself; returning in a few months, after capturing the
_Madre de Dios_, containing a cargo estimated at the value of half a
million. He was committed to the Tower in July for having carried on an
intrigue with Elizabeth Throgmorton, and he retired to Sherborne in the
same year. In 1593 Raleigh and his friends Harriot and Marlowe incurred
the suspicion of the government as atheists, and an inquiry was held, of
which the results are not known. In February 1594-95 he started on his
first Guiana expedition, and returned in 1595 after sailing some way up
the Orinoco. He took part in the expedition to Cadiz in 1596. In July
1600 he was sent with Lord Cobham to congratulate Lord Grey on the
battle of Nieuport, and later in the year went as governor to Jersey. He
was present, as related in the text, at Essex's trial (see p. 70). The
immediate causes which led to his trial are stated above.
[2] Archduke Albert was a younger brother of the Emperor Rudolf II., and
had married Isabella, the eldest daughter of Philip II. of Spain, who
made over the sovereignty of the Netherlands to his daughter and
son-in-law a few years before his death in 1598.
[3] Thomas Howard, Earl of Suffolk (1561-1626), was the second son of
the Duke of Norfolk beheaded by Elizabeth in 1572. He gained
considerable distinction as a sailor, taking part in the defeat of the
Armada and the attack on the Spanish treasure-ship in which Sir Richard
Grenville was killed. He rose to a position of influence under
Elizabeth, was made an Earl on James's accession, and after filling many
high offices became Lord High Treasurer in 1614, which office he held
till 1619. In that year he was dismissed, fined £30,000, and imprisoned
in the Tower, for serious embezzlements and other frauds. He was
afterwards received back into favour: it was generally supposed that his
wife was chiefly to blame for his defalcations. He was grandfather to
the second Lord Howard of Escrick, the witness against Lord Russell,
whose trial see in vol. ii.
[4] Charles Blunt, Earl of Devon (1563-1606), was the second son of the
eighth Lord Mountjoy. He soon attracted the Queen's notice, fought in
the Low Countries, and took part in the defeat of the Armada. He was
offered and accepted the post of Lord Deputy of Ireland after it was
vacated by Essex, and was to some extent implicated in Essex's
subsequent treason. In 1602 he obtained Tyrone's surrender in Ireland
after three years' fighting. He returned to England in 1603, and held
occasional important appointments. In 1605 he was married by Laud to
Lady Rich, the former mistress of Sir Philip Sidney and himself, and the
divorced wife of Lord Rich. The event is chiefly remarkable for the part
taken in it by Laud.
[5] Henry Howard, Earl of Northampton (1540-1614), was the second son of
the Earl of Surrey, beheaded in Henry VIII.'s reign. After a long period
of political intrigue he rose to power on James's accession, having long
been in correspondence with him. He was an avowed enemy of Raleigh. He
maintained a position of great influence till the end of his life,
generally using his influence in support of the king's prerogative and
the Catholics. After his death he was accused of complicity in the
poisoning of Sir Thomas Overbury in the Tower: not altogether without
reason. He built Northumberland House.
[6] Robert Cecil, Earl of Salisbury (1563?-1612), was at the time of
this trial at the middle point of his long official career. He first
appears in a public capacity in 1588, when he was sent to Spain in the
train of Lord Derby, having been appointed ambassador to negotiate
conditions of peace. He represented Hertfordshire in the House of
Commons in 1589; in 1591 he was sworn of the Privy Council; and in 1596,
during the absence of his rival Essex on the Cadiz expedition, he was
appointed Secretary of State. In 1598 he took part in an embassy to
Paris with Lord Brooke, Raleigh, and others to hinder an alliance
between France and Spain. In 1600 Cecil was a member of a Commission
appointed to report on Essex's return from Ireland without permission,
and managed to mitigate the gravity of his offence; but in 1601, on
Essex's trial for treason, had to defend himself from an accusation by
Essex of having declared himself in favour of the Infanta's claim to the
throne. By careful preparations he secured the peaceable accession of
James II. to the throne, and was raised to the peerage, and eventually
made Earl of Salisbury in consequence. For the rest of his life he
remained James's most trusted minister.
[7] John Popham (1531-1607) was born of a good family in Somersetshire.
He was reported to have been stolen by gypsies in his youth, but was
educated at Balliol. He began life in London as a law-student and a
highwayman; but soon became, according to Campbell, a consummate lawyer,
practising chiefly as a special pleader. He became a Serjeant and
Solicitor-General in 1578, Speaker in 1580, Attorney-General in 1581,
and Lord Chief-Justice in 1592. He presided at the trial of Guy Fawkes
and his fellow-conspirators. He enjoyed the reputation of being a sound
lawyer and a severe judge. He left the greatest estate that had ever
been amassed by a lawyer; but it is probably untrue that he acquired
Littlecot Hall by fraudulently acquitting 'Wild Darrell' of the murder
of its newly born heir. He was, however, reported to have saved money
while he was a highwayman.
[8] Sir Edmund Anderson (1530-1605) was born at Flinborough or Broughton
in Lincolnshire. He was educated at Lincoln College, Oxford, called to
the bar, and made a Serjeant in 1577. He tried Robert Brown, founder of
the Brownists, as assistant judge on the Norfolk Circuit in 1581; in the
same year he tried Campian, the Jesuit, on the Western Circuit. In both
cases he expressed strong views as to the claims of the Established
Church. He was promoted to the chiefship of the Common Pleas in 1582,
and tried Babington for treason in 1586, and Davison for beheading Mary,
Queen of Scots. He also took part in the trials of the Duke of Arundel;
Sir John Perrot, Lord Deputy of Ireland; and the Earl of Essex. He also
tried Udall, the puritan, and no doubt tried to entrap him into a
confession of guilt. Apart from political trials, he had the reputation
of being a good judge and a sound lawyer.
[9] Henry Brooke, eighth Lord Cobham, was the son of a leading favourite
of Queen Elizabeth's. On his father's death he succeeded to much of his
father's influence; Robert Cecil married his sister; and they were both
enemies of Essex. Cobham's influence did not last into James's reign,
and he entered on the transactions which are discussed in Raleigh's
trial. He himself was tried and convicted after Raleigh (see p. 6), but
after being pardoned on the scaffold he remained a prisoner in the Tower
till 1617, when he was allowed to pay a visit to Bath for his health: he
died on the way home.
[10] Arabella Stuart was the daughter of the Earl of Lenox, younger
brother of Lord Darnley, the grandson of Margaret, eldest sister of
Henry VII., and thus stood next in succession to James. Her claim to the
throne as against James was that she was born in England, whereas he was
an alien. She had been arrested by Elizabeth in consequence of a rumour
that she was to marry William Seymour, grandson of Catherine Grey. She
was imprisoned in 1609 on another rumour of her marriage to some person
unknown. In 1610 she became actually engaged to William Seymour: he
promised not to marry her without the King's consent, but married her
secretly a few months afterwards. The marriage was discovered, and she
was committed to private custody whilst her husband was committed to the
Tower. She escaped, disguised in a man's clothes, but was arrested in
the Straits of Dover. She died in the Tower in 1615.
[11] Sir Edward Coke (1552-1634) came of an old Norfolk family, and was
educated at Trinity College, Cambridge. He was called to the bar in
1578, having already acquired a reputation as a lawyer. He entered
public life as member for Aldborough in 1589, and as member for Norfolk
in 1592. He became Speaker in 1593, and in opposition to Bacon became
Attorney-General in 1593. In 1598, on the death of his first wife, he
married Elizabeth Hatton, Burghley's granddaughter, again depriving
Bacon of a prize. He was retained to prosecute Essex, Southampton, and
the Gunpowder Plot conspirators, against all of whom he showed the same
animus that he did against Raleigh. In 1606 he became Chief-Justice of
the Common Pleas, in which capacity he maintained the independence of
the Law Courts against ecclesiastical interference. He likewise offered
a resolute opposition to the King's claim to place impositions on
imported merchandise, and to regulate by proclamation such matters as
the erection of new buildings in London and the manufacture of starch
from wheat. In 1613 Coke, much against his will, was promoted, on
Bacon's advice, to the post of Chief-Justice of the King's Bench, where,
though his dignity was greater, his profits were less, and he was less
likely to have opportunity for opposing the King's measures. At the same
time he was made a Privy Councillor. His opposition to the power of the
Chancellor to exercise his equitable jurisdiction by injunction, and to
the King's power to grant commendams proved less successful than his
former measures; and what was considered his excess of zeal in inquiring
into the murder of Sir Thomas Overbury, his opposition to the growth of
the powers of the Ecclesiastical Commission and the Star Chamber, and no
doubt other less public matters, led to his being deprived of his office
on the 5th of November 1616. After his dismissal he became engaged in a
most undignified quarrel with his wife as to whether their daughter
should marry Buckingham's elder brother, which she eventually did. In
1617 he was recalled to the Council, and occasionally judicially
employed. In 1621 he re-entered the House of Commons, and took up the
popular side in resisting monopolies and other abuses. He was engaged in
drawing up the charges against Bacon in the same year. He drew up the
'Protestation' affirming the privileges of Parliament in December 1621,
and was committed to the Tower in consequence. He was released in August
1622, but remained in a kind of qualified confinement. He resisted an
attempt by James to exclude him from the 1624 Parliament by sending him
on a commission to Ireland, and though he continued in opposition
contrived to reconcile himself to the King to some extent. He opposed
Charles's demands for money in his first two parliaments and drafted the
Petition of Right, and made his final appearance in the debate on the
Grand Remonstrance (1628), when he openly accused Buckingham as being
the cause of the misfortunes of the country.
[12] _Post_, p. 45.
[13] Andrews (1555-1626) was appointed to the living of St. Giles,
Cripplegate, in 1589, through Walsingham's influence. He was made Master
of Pembroke Hall soon after. He refused two bishoprics offered him by
Elizabeth because he would not consent to the alienation of any part of
their revenues; but became Dean of Windsor in 1601. He subsequently
became Bishop of Chichester in 1605; of Ely in 1609; of Winchester in
1619. He took part in the Hampton Court Conference, and his name stands
first in the list of the authors of the Authorised Version.
[14] Patrick Galloway had followed the King from Scotland: he had
assisted James in some of his religious writings, and was Moderator of
the General Assembly in 1590 and 1602. He afterwards upheld the
liberties of the Kirk against the attempts of James to restrict them,
and warmly supported the Five Articles of Perth in 1618.
[15] See _ante_, p. 5.
[16] See _ante_, p. 7.
[17] Sir Amyas Preston came of a good family settled at Crichet in
Somerset. He was lieutenant of the _Ark_ in the attack on the Armada:
and afterwards ravaged the West Indies, in company of Somers, in 1596.
He was knighted by Howard during his Cadiz expedition. He seems to have
been a friend of Essex; the challenge to Raleigh took place in 1601, but
did not lead to a meeting.
[18] Edmund Campian (1540-1581), the famous Jesuit, was educated at
Christ's Hospital, and afterward at St. John's, Oxford. He took an oath
against the Pope's supremacy on proceeding to a Master's degree, in
1564; but was probably always a Catholic at heart. He welcomed Elizabeth
to Oxford in a Latin oration in 1566, and was subsequently patronised by
Leicester and Cecil. He took deacon's orders, and went to Dublin in the
hope of having the direction of the Dublin University, which it was
proposed to resuscitate. He fell under suspicion as a Papist, but
managed to escape arrest and return to England, whence, after hearing
Dr. Storey's trial in 1571, he repaired to Douay, and formally renounced
the Protestant faith. He went to Rome, became a Jesuit, and was among
the first to be despatched to England on a Jesuit mission. He landed at
Dover in 1580, and was arrested, but released and went to London. After
various adventures in different parts of the country he was again
arrested, and brought to London in 1581. He was rigorously examined as
to his mission, but concealed the fact that he was charged to persuade
Catholics to separate themselves from the English communion. Afterwards
he was tortured, and a report, probably false, was spread abroad that he
had betrayed his companions. He was then called upon to meet his
adversaries in a public disputation, which he did with great courage and
skill. After being again tortured, he was tried and convicted of treason
in stirring up sedition. His trial was most unfairly conducted, and it
seems probable that the charge was altogether false. He was executed on
1st December 1581.
[19] 'Take heed of a preacher as Essex did.' Essex admitted his guilt at
the end of his trial. Howell (_State Trials_, vol. i. p. 1358) says: 'On
the 25th of February 1601, which was the day appointed for his
execution, Thomas Mountford and William Barlow, doctors of divinity,
with Ashton, the minister of the Church in the Tower, were sent unto him
early to administer Christian consolation to his soul. In the presence
of these men he gave thanks to Almighty God from the bottom of his
heart, that his designs, which were so dangerous to the state, succeeded
not. He told them he had now looked thoroughly and seriously into his
sin, and was heartily sorry he had so obstinately defended an unjust
cause at the bar.... He acknowledged how worthy he was to be spued out
(these were his words) by the Commonwealth for the wickedness of his
enterprize, which he likened to a leprosy spread far and near, and that
he had infected many.'
CHARLES I
The following report was first published 'by Authority, to prevent false
and impertinent relations.' It was licensed by Gilbert Mabbot, and, so
far as one can judge from internal evidence, is rather the slightly
amplified transcript of a barrister's note, than the work of anybody who
in those days might represent a modern newspaper reporter. The whole is
carelessly put together, as far as form is concerned; the grammar is
often halting, and the sentences are not always finished. But I should
suppose that all the arguments used on either side are fairly indicated,
except in those places where it is suggested in a note that 'authority'
made excisions. If such excisions were made, however, the fact that the
gaps were left in their present state is evidence of the substantial
accuracy and fairness of the rest of the report. Taking a purely legal
view of the matter, which no one will pretend covers the whole, or
indeed the most important part of the case, one does not see why, if
Bradshaw left in as much as he did, he should not have left in
everything. From the point of view of defending counsel, Charles had an
unanswerable case, and he was enough of a lawyer to make the most of it.
Bradshaw, on the other hand, seems, to me at least, to have played his
part not badly. Considering all things, I do not myself see that his
behaviour to Charles was unnecessarily harsh. If you have made up your
mind to cut off a man's head, and if you are aware that your position as
a judge is a false one, you are bound to assert your authority without
much regard to prisoners' feelings, or even good manners. I am not in a
position to discuss what effect the essential illegality of the trial,
from a formal point of view, produced on contemporary and subsequent
opinion; but I think it may safely be said that the trial presents the
most striking example to be found in English history of the view held in
this country of the authority of the law. I have only to add that in
this trial I have reproduced the original report exactly as I found it.
On Saturday, being the 20th day of January 1649, the Lord
President of the High Court of Justice,[20] with near fourscore
of the members of the said Court, having sixteen gentlemen with
partizans, and a sword, and a mace, with their and other
officers of the said Court, marching before them, came to the
place ordered to be prepared for their sitting at the west-end
of the great Hall at Westminster; where the Lord President, in a
crimson velvet chair, fixed in the midst of the Court, placed
himself, having a desk with a crimson-velvet cushion before him;
the rest of the members placing themselves on each side of him
upon several seats, or benches, prepared and hung with scarlet
for that purpose; and the partizans dividing themselves on each
side of the court before them.
The Court being thus sat, and Silence made, the great gate of
the said Hall was set open, to the end that all persons without
exception, desirous to see or hear, might come into it. Upon
which the Hall was presently filled, and silence again ordered.
This done, colonel Thomlinson, who had the charge of the
Prisoner, was commanded to bring him to the Court; who within a
quarter of an hour's space brought him, attended with about
twenty officers with partizans, marching before him, there being
other gentlemen, to whose care and custody he was likewise
committed, marching in his rear.
Being thus brought up within the face of the Court, the Serjeant
at Arms, with his mace, receives and conducts him strait to the
bar, having a crimson-velvet chair set before him. After a stern
looking upon the Court, and the people in the galleries on each
side of him, he places himself, not at all moving his hat, or
otherwise shewing the least respect to the court; but presently
rises up again, and turns about, looking downwards upon the
guards placed on the left side, and on the multitude of
spectators on the right side of the said great Hall. After
silence made among the people, the Act of Parliament for the
trying of Charles Stuart, king of England, was read over by the
Clerk of the Court, who sat on one side of a table covered with
a rich Turkey-carpet, and placed at the feet of the said Lord
President; upon which table was also laid the sword and mace.
After reading the said Act, the several names of the
Commissioners were called over, every one who was present, being
eighty, as aforesaid, rising up, and answering to his call.
Having again placed himself in his Chair, with his face towards
the Court, silence being again ordered, the Lord President stood
up, and said,
LORD PRESIDENT--Charles Stuart, king of England, the Commons of
England assembled in Parliament being deeply sensible of the
calamities that have been brought upon this nation, which is
fixed upon you as the principal author of it, have resolved to
make inquisition for blood; and according to that debt and duty
they owe to justice, to God, the kingdom, and themselves, and
according to the fundamental power that rests in themselves,
they have resolved to bring you to Trial and Judgment; and for
that purpose have constituted this High Court of Justice, before
which they are brought.
This said, Mr. Cook,[21] Solicitor for the Commonwealth standing
within a bar on the right hand of the Prisoner, offered to
speak; but the king having a staff in his hand, held it up, and
laid it on the said Mr. Cook's shoulder two or three times,
bidding him hold. Nevertheless, the Lord President ordering him
to go on, he said,
MR. COOK--My lord, I am commanded to charge Charles Stuart King
of England, in the name of the Commons of England, with Treason
and High Misdemeanors; I desire the said Charge may be read.
The said Charge being delivered to the Clerk of the Court, the
Lord President ordered it should be read; but the king bid him
hold. Nevertheless, being commanded by the Lord President to
read it, the Clerk begun, and the Prisoner sat down again in his
chair, looking sometimes on the High Court, sometimes up to the
Galleries; and having risen again, and turned about to behold
the guards and spectators, sat down, looking very sternly, and
with a countenance not at all moved, till these words,
viz.:--'Charles Stuart to be a Tyrant and Traitor,' etc. were
read; at which he laughed, as he sat, in the face of the Court.
The Charge being read, the Lord President replied;
LORD PRESIDENT--Sir, You have now heard your Charge, containing
such matter as appears in it; you find, that in the close of it,
it is prayed to the Court, in the behalf of the commons of
England, that you answer to your Charge. The Court expects your
Answer.
KING--I would know by what power I am called hither; I was not
long ago in the Isle of Wight; how I came there, is a longer
story than I think it fit at this present time for me to speak
of; but there I entered into a Treaty with both houses of
Parliament, with as much public faith as it is possible to be
had of any people in the world. I treated there with a number of
honorable lords and gentlemen, and treated honestly and
uprightly; I cannot say but they did very nobly with me, we were
upon the conclusion of the Treaty. Now I would know by what
authority, I mean lawful; there are many unlawful authorities in
the world, thieves and robbers by the highways; but I would know
by what authority I was brought from thence, and carried from
place to place, and I know not what; and when I know what lawful
authority, I shall answer. Remember I am your king, your lawful
king, and what sins you bring upon your heads, and the judgment
of God upon this land; think well upon it, I say, think well
upon it, before you go further from one sin to a greater;
therefore let me know by what lawful authority I am seated
here, and I shall not be unwilling to answer. In the mean time,
I shall not betray my trust; I have a trust committed to me by
God, by old and lawful descent; I will not betray it, to answer
to a new unlawful authority; therefore resolve me that and you
shall hear more of me.
LORD PRESIDENT--If you had been pleased to have observed what
was hinted to you by the Court, at your first coming hither, you
would have known by what authority; which authority requires
you, in the name of the people of England, of which you are
elected king, to answer them.
KING--No. Sir, I deny that.
LORD PRESIDENT--If you acknowledge not the authority of the
Court, they must proceed.
KING--I do tell them so; England was never an elective kingdom,
but an hereditary kingdom, for near these thousand years;
therefore let me know by what authority I am called hither. I do
stand more for the Liberty of my people, than any here that come
to be my pretended Judges; and therefore let me know by what
lawful authority I am seated here, and I will answer it;
otherwise I will not answer it.
LORD PRESIDENT--Sir, how really you have managed your trust, is
known: your way of answer is to interrogate the Court, which
beseems not you in this condition. You have been told of it
twice or thrice.
KING--Here is a gentleman, lieutenant-colonel Cobbet; ask him,
if he did not bring me from the Isle of Wight by force. I do not
come here as submitting to the Court: I will stand as much for
the privilege of the house of commons, rightly understood, as
any man here whatsoever. I see no house of lords here that may
constitute a parliament; and the king too should have been. Is
this the bringing of the king to his parliament? Is this the
bringing an end to the Treaty in the public faith of the world?
Let me see a legal authority warranted by the Word of God, the
Scriptures, or warranted by the Constitutions of the kingdom,
and I will answer.
LORD PRESIDENT--Sir; You have propounded a question, and have
been answered. Seeing you will not answer, the Court will
consider how to proceed; in the mean time, those that brought
you hither, are to take charge of you back again. The Court
desires to know, whether this be all the Answer you will give or
no.
KING--Sir, I desire that you would give me, and all the world,
satisfaction in this: let me tell you, it is not a slight thing
you are about, I am sworn to keep the peace, by that duty I owe
to God and my country, and I will do it to the last breath of my
body; and therefore ye shall do well to satisfy first God, and
then the country, by what authority you do it; if you do it by
an usurped authority, you cannot answer. There is a God in
Heaven, that will call you, and all that give you power, to
account. Satisfy me in that, and I will answer; otherwise I
betray my Trust, and the Liberties of the people: and therefore
think of that, and then I shall be willing. For I do avow, that
it is as great a sin to withstand lawful authority, as it is to
submit to a tyrannical, or any other ways unlawful authority;
and therefore satisfy me that, and you shall receive my answer.
LORD PRESIDENT--The Court expects you should give them a final
Answer; their purpose is to adjourn to Monday next; if you do
not satisfy yourself, though we do tell you our authority, we
are satisfied with our authority, and it is upon God's authority
and the kingdom's; and that peace you speak of will be kept in
the doing of justice, and that is our present work.
KING--For answer, let me tell you, you have shewn no lawful
authority to satisfy any reasonable man.
LORD PRESIDENT--That is, in your apprehension; we are satisfied
that are your Judges.
KING--It is not my apprehension, nor yours neither, that ought
to decide it.
LORD PRESIDENT--The Court hath heard you, and you are to be
disposed of as they have commanded.
The Court adjourns to the Painted Chamber, on Monday at ten of
the clock in the forenoon, and thence hither.
It is to be observed that as the Charge was reading against the king,
the head of his Staff fell off, which he wondered at; and seeing none to
take it up, he stoops for it himself.
As the King went away, facing the Court, he said, 'I do not fear that'
(meaning the Sword). The People in the Hall, as he went down the stairs,
cried out, some, 'God save the King' and most for 'Justice.'[22]
At the High Court of Justice sitting in Westminster Hall,
Monday, January 22, 1649.
O Yes! made; Silence commanded; the Court called, and answered
to their names. Silence commanded upon pain of imprisonment, and
the Captain of the Guard to apprehend all such as make
disturbance. Upon the king's coming in, a shout was made.
Command given by the Court to the Captain of the Guard, to fetch
and take into his custody those who make any disturbance.
MR. SOLICITOR--May it please your lordship, my Lord President; I
did at the last court in the behalf of the Commons of England,
exhibit and give in to this court a Charge of High Treason, and
other High Crimes, against the prisoner at the bar whereof I do
accuse him in the name of the People of England; and the Charge
was read unto him, and his Answer required. My lord, He was not
then pleased to give an Answer, but instead of answering, did
there dispute the Authority of this high Court. My humble motion
to this high Court in behalf of the kingdom of England is, That
the prisoner may be directed to make a positive Answer, either
by way of confession, or negation; which if he shall refuse to
do, that the matter of the Charge may be taken _pro confesso_,
and the Court may proceed according to justice.
LORD PRESIDENT--Sir, You may remember at the last Court you were
told the occasion of your being brought hither, and you heard a
Charge read against you, containing a Charge of High Treason and
other high crimes against this realm of England: you heard
likewise, that it was prayed in the behalf of the People, that
you should give an Answer to that Charge, that thereupon such
proceedings might be had, as should be agreeable to justice. You
were then pleased to make some scruples concerning the authority
of this Court, and knew not by what authority you were brought
hither; you did divers times propound your questions, and were
as often answered. That it was by authority of the Commons of
England assembled in parliament, that did think fit to call you
to account for those high and capital Misdemeanours wherewith
you were then charged. Since that the Court hath taken into
consideration what you then said; they are fully satisfied with
their own authority, and they hold it fit you should stand
satisfied with it too; and they do require it, that you do give
a positive and particular Answer to this Charge that is
exhibited against you; they do expect you should either confess
or deny it; if you deny, it is offered in the behalf of the
kingdom to be made good against you; their authority they do
avow to the whole world, that the whole kingdom are to rest
satisfied in, and you are to rest satisfied with it. And
therefore you are to lose no more time, but to give a positive
Answer thereunto.
KING--When I was here last, it is very true, I made that
question; truly if it were only my own particular case, I would
have satisfied myself with the protestation I made the last time
I was here against the Legality of this Court, and that a king
cannot be tried by any superior jurisdiction on earth; but it is
not my case alone, it is the Freedom and the Liberty of the
people of England; and do you pretend what you will, I stand
more for their Liberties. For if power without law may make
laws, may alter the fundamental laws of the kingdom, I do not
know what subject he is in England, that can be sure of his
life, or any thing that he calls his own: therefore when that I
came here, I did expect particular reasons to know by what law,
what authority you did proceed against me here. And therefore I
am a little to seek what to say to you in this particular,
because the affirmative is to be proved, the negative often is
very hard to do: but since I cannot persuade you to do it, I
shall tell you my reasons as short as I can--My Reasons why in
conscience and the duty I owe to God first, and my people next,
for the preservation of their lives, liberties, and estates I
conceive I cannot answer this, till I be satisfied of the
legality of it. All proceedings against any man whatsoever----
LORD PRESIDENT--Sir, I must interrupt you, which I would not do,
but that what you do is not agreeable to the proceedings of any
court of justice: You are about to enter into argument, and
dispute concerning the Authority of this Court, before whom you
appear as a Prisoner, and are charged as an high Delinquent: if
you take upon you to dispute the Authority of the Court, we may
not do it, nor will any court give way unto it: you are to
submit unto it, you are to give a punctual and direct Answer,
whether you will answer your charge or no, and what your Answer
is.
KING--Sir, By your favour, I do not know the forms of law: I do
know law and reason, though I am no lawyer professed; but I know
as much law as any gentleman in England; and therefore (under
favour) I do plead for the Liberties of the People of England
more than you do: and therefore if I should impose a belief upon
any man, without reasons given for it, it were unreasonable: but
I must tell you, that that reason that I have, as thus informed,
I cannot yield unto it.
LORD PRESIDENT--Sir, I must interrupt you, you may not be
permitted; you speak of law and reason; it is fit there should
be law and reason, and there is both against you. Sir, the Vote
of the Commons of England assembled in parliament, it is the
reason of the kingdom, and they are these that have given to
that law, according to which you should have ruled and reigned.
Sir, you are not to dispute our Authority, you are told it again
by the Court. Sir, it will be taken notice of, that you stand in
contempt of the Court, and your contempt will be recorded
accordingly.
KING--I do not know how a king can be a Delinquent; but by any
law that ever I heard of, all men (Delinquents, or what you
will), let me tell you, they may put in Demurrers against any
proceeding as legal: and I do demand that, and demand to be
heard with my Reasons: if you deny that, you deny reason.
LORD PRESIDENT--Sir, you have offered something to the Court: I
shall speak something unto you, the Sense of the Court. Sir,
neither you nor any man are permitted to dispute that point, you
are concluded, you may not demur to the jurisdiction of the
Court: if you do, I must let you know, that they over-rule your
Demurrer; they sit here by the authority of the Commons of
England, and all your predecessors and you are responsible to
them.
KING--I deny that; shew me one precedent.
LORD PRESIDENT--Sir, you ought not to interrupt while the Court
is speaking to you. This point is not to be debated by you,
neither will the Court permit you to do it; if you offer it by
way of Demurrer to the Jurisdiction of the Court, they have
considered of their Jurisdiction, they do affirm their own
Jurisdiction.
KING--I say, Sir, by your favour, that the Commons of England
was never a Court of Judicature: I would know how they came to
be so.
LORD PRESIDENT--Sir, you are not to be permitted to go on in
that Speech and these discourses.
Then the clerk of the Court read as followeth:--
'Charles Stuart, king of England, You have been accused on
behalf of the People of England of High Treasons, and other high
Crimes; the Court have determined that you ought to answer the
same.'
KING--I will answer the same so soon as I know by what Authority
you do this.
LORD PRESIDENT--If this be all that you will say, then
Gentlemen, you that brought the Prisoner hither, take charge of
him back again.
KING--I do require that I may give in my Reasons why I do not
answer, and give me time for that.
LORD PRESIDENT--Sir, it is not for Prisoners to require.
KING--Prisoners! Sir, I am not an ordinary prisoner.
LORD PRESIDENT--The Court hath considered of their jurisdiction,
and they have already affirmed their jurisdiction; if you will
not answer, we shall give order to record your default.
KING--You never heard my Reasons yet.
LORD PRESIDENT--Sir, your Reasons are not to be heard against
the highest jurisdiction.
KING--Shew me that Jurisdiction where reason is not to be heard.
LORD PRESIDENT--Sir, we shew it you here. The Commons of
England; and the next time you are brought, you will know more
of the pleasure of the Court; and, it may be, their final
determination.
KING--Shew me where ever the House of Commons was a Court of
Judicature of that kind.
LORD PRESIDENT--Serjeant, take away the Prisoner.
KING--Well, Sir, remember that the king is not suffered to give
in his Reasons for the Liberty and Freedom of all his Subjects.
LORD PRESIDENT--Sir, you are not to have Liberty to use this
language; How great a friend you have been to the Laws and
Liberties of the people, let all England and the world judge.
KING--Sir, under favour, it was the Liberty, Freedom, and Laws
of the subject, that ever I took--defended myself with arms; I
never took up arms against the people, but for the laws.
LORD PRESIDENT--The command of the Court must be obeyed; no
Answer will be given to the Charge.
KING--Well, Sir!
And so he was guarded forth to sir Robert Cotton's house.
Then the Court adjourned to the Painted Chamber on Tuesday at 12
o'clock, and from thence they intend to adjourn to Westminster Hall; at
which time all persons concerned are to give their attendance.
At the High Court of Justice sitting in Westminster Hall,
Tuesday, January 23, 1649.
O Yes made, Silence commanded, the Court called, 73 persons
present. The King comes in with his guard, looks with an austere
countenance upon the Court, and sits down. The second O Yes
made, and Silence commanded.
MR. COOK, SOLICITOR-GENERAL--May it please your lordship, my
lord President; this is now the third time, that by the great
grace and favour of this High Court, the Prisoner hath been
brought to the bar before any issue joined in the cause. My
lord, I did at the first court exhibit a Charge against him,
containing the highest Treasons that ever was wrought upon the
theatre of England; That a king of England trusted to keep the
law, that had taken an oath so to do, that had tribute paid him
for that end, should be guilty of a wicked Design to subvert and
destroy our Laws, and introduce an Arbitrary and Tyrannical
Government, in defiance of the Parliament and their Authority,
set up his standard for War against his Parliament and People:
And I did humbly pray, in the behalf of the people of England,
that he might speedily be required to make an Answer to the
Charge. But my lord, instead of making any Answer, he did then
dispute the Authority of this High Court. Your lordship was
pleased to give him a further day to consider, and to put in his
Answer; which day being Yesterday, I did humbly move, that he
might be required to give a direct and positive Answer, either
by denying or confession of it; But, my lord, he was then
pleased for to demur to the Jurisdiction of the Court; which the
court did then over-rule, and commanded him to give a direct and
positive Answer. My lord, besides this great delay of justice, I
shall now humbly move your lordship for speedy Judgment against
him. My lord, I might press your lordship upon the whole, that
according to the known rules of the law of the land, That if a
Prisoner shall stand as contumacious in contempt, and shall not
put in an issuable plea, Guilty or not Guilty of the Charge
given against him, whereby he may come to a fair trial; that, as
by an implicit confession, it may be taken _pro confesso_, as it
hath been done to those who have deserved more favour than the
Prisoner at the bar has done. But, besides, my lord, I shall
humbly press your lordship upon the whole fact. The house of
commons, the supreme Authority and Jurisdiction of the kingdom,
they have declared, That it is notorious, that the matter of the
Charge is true, as it is in truth, my lord, as clear as crystal,
and as the sun that shines at noon-day: which if your lordship
and the Court be not satisfied in, I have notwithstanding, on
the people of England's behalf, several Witnesses to produce.
And therefore I do humbly pray, and yet I must confess it is not
so much I, as the innocent blood that hath been shed, the cry
whereof is very great for justice and judgment; and therefore I
do humbly pray, that speedy Judgment be pronounced against the
Prisoner at the bar.
LORD PRESIDENT--Sir, you have heard what is moved by the Counsel
on the behalf of the kingdom against you. Sir, you may well
remember, and if you do not, the Court cannot forget, what
dilatory dealings the Court hath found at your hands. You were
pleased to propound some Questions, you have had our Resolutions
upon them. You were told, over and over again, That the Court
did affirm their own jurisdiction; that it was not for you, nor
any other man, to dispute the jurisdiction of the supreme and
highest Authority of England, from which there is no appeal, and
touching which there must be no dispute; yet you did persist in
such carriage, as you gave no manner of obedience, nor did you
acknowledge any authority in them, nor the High Court that
constituted this Court of Justice. Sir, I must let you know from
the Court, that they are very sensible of these delays of
your's, and that they ought not, being thus authorised by the
supreme Court of England, to be thus trifled withal; and that
they might in justice, if they pleased, and according to the
rules of justice, take advantage of these delays and proceed to
pronounce judgment against you; yet nevertheless they are
pleased to give direction, and on their behalfs I do require
you, that you make a positive Answer unto this Charge that is
against you, Sir, in plain terms, for Justice knows no respect
of persons; you are to give your positive and final Answer in
plain English, whether you be Guilty or Not Guilty of these
Treasons laid to your charge.
The King, after a little pause, said,
KING--When I was here yesterday, I did desire to speak for the
Liberties of the people of England; I was interrupted; I desire
to know yet whether I may speak freely or not.
LORD PRESIDENT--Sir, you have had the Resolution of the Court
upon the like question the last day, and you were told that
having such a Charge of so high a nature against you, and your
work was, that you ought to acknowledge the jurisdiction of the
Court, and to answer to your Charge. Sir, if you answer to your
Charge, which the Court gives you leave now to do, though they
might have taken the advantage of your contempt; yet if you be
able to answer to your Charge, when you have once answered, you
shall be heard at large, make the best defence you can. But,
Sir, I must let you know from the Court, as their commands, that
you are not to be permitted to issue out into any other
discourses, till such time as you have given a positive Answer
concerning the matter that is charged upon you.
KING--For the Charge, I value it not a rush; it is the Liberty
of the People of England that I stand for. For me to acknowledge
a new Court that I never heard of before, I that am your King,
that should be an example to all the people of England for to
uphold justice, to maintain the old laws: indeed I do not know
how to do it. You spoke very well the first day that I came here
(on Saturday) of the obligations that I had laid upon me by God,
to the maintenance of the Liberties of my people; the same
obligation you spake of, I do acknowledge to God that I owe to
him, and to my people, to defend as much as in me lies the
ancient laws of the kingdom: therefore, until that I may know
that this is not against the fundamental Laws of the kingdom, by
your favour I can put in no particular Charge.[23] If you will
give me time, I will shew you my Reasons why I cannot do it, and
this----
Here, being interrupted, he said,
By your favor, you ought not to interrupt me: How I came here, I
know not; there's no law for it to make your king your prisoner.
I was in a Treaty upon the public faith of the kingdom, that was
the known[24] ... two Houses of Parliament that was the
representative of the kingdom; and when that I had almost made
an end of the Treaty, then I was hurried away, and brought
hither: and therefore----
Here the Lord President said, Sir, you must know the pleasure of
the Court.
KING--By your favour, sir.
LORD PRESIDENT--Nay, sir, by your favour, you may not be
permitted to fall into those discourses; you appear as a
Delinquent, you have not acknowledged the authority of the
Court, the Court craves it not of you; but once more they
command you to give your positive Answer.--Clerk, do your duty.
KING--Duty, Sir!
The Clerk reads.
'Charles Stuart, king of England, you are accused in behalf of
the commons of England of divers Crimes and Treasons, which
Charge hath been read unto you: the Court now requires you to
give your positive and final Answer, by way of confession or
denial of the Charge.'
KING--Sir, I say again to you, so that I might give satisfaction
to the people of England of the clearness of my proceeding, not
by way of Answer, not in this way, but to satisfy them that I
have done nothing against that trust that has been committed to
me, I would do it; but to acknowledge a new Court, against their
Privileges, to alter the fundamental laws of the kingdom--sir,
you must excuse me.
LORD PRESIDENT--Sir, this is the third time that you have
publicly disowned this Court, and put an affront upon it. How
far you have preserved the privileges of the people, your
actions have spoke it; but truly, Sir, men's intentions ought to
be known by their actions; you have written your meaning in
bloody characters throughout the whole kingdom. But, Sir, you
understand the pleasure of the Court.--Clerk, Record the
Default.--And, Gentlemen, you that took charge of the Prisoner,
take him back again.
KING--I will only say this one word more to you: If it were only
my own particular, I would not say any more, nor interrupt you.
LORD PRESIDENT--Sir, you have heard the pleasure of the Court,
and you are (notwithstanding you will not understand it) to find
that you are before a court of justice.
Then the King went forth with his guard, and proclamation was made, That
all persons which had then appeared, and had further to do at the Court,
might depart into the Painted Chamber; to which place the Court did
forthwith adjourn, and intended to meet in Westminster Hall by ten of
the clock next morning.
CRYER--God bless the kingdom of England!
Wednesday, January 24th, 1649.
This day it was expected the High Court of Justice would have met in
Westminster Hall, about ten of the clock; but at the time appointed, one
of the Ushers, by direction of the Court (then sitting in the Painted
Chamber) gave notice to the people there assembled, That in regard the
Court was then upon the Examination of Witnesses, in relation to present
affairs, in the Painted Chamber, they could not sit there; but all
persons appointed to be there, were to appear upon further summons.
The Proceedings of the High Court of Justice sitting in
Westminster Hall, on Saturday the 27th of January 1649.
O Yes made: Silence commanded; the court called; Serjeant
Bradshaw Lord President (in a scarlet robe), with sixty-eight
other members of the court.
As the King comes in, a Cry made in the Hall for Execution!
Justice! Execution![25]
KING--I shall desire a word to be heard a little, and I hope I
shall give no occasion of interruption.
LORD PRESIDENT--You may answer in your time, hear the Court
first.
KING--If it please you, Sir, I desire to be heard, and I shall
not give any occasion of interruption, and it is only in a word:
a sudden Judgment.
LORD PRESIDENT--Sir, you shall be heard in due time, but you are
to hear the Court first.
KING--Sir, I desire--it will be in order to what I believe the
Court will say; and therefore, Sir, an hasty Judgment is not so
soon recalled.
LORD PRESIDENT--Sir, you shall be heard before the Judgment be
given, and in the mean time you may forbear.
KING--Well, Sir, shall I be heard before the Judgment be given?
LORD PRESIDENT--Gentlemen, it is well known to all, or most of
you here present, that the Prisoner at the Bar hath been several
times convened and brought before the Court to make answer to a
Charge of Treason, and other high Crimes exhibited against him
in the name of the people of England [Here a malignant lady
(Lady Fairfax) interrupted the Court, saying 'Not half the
People'; but she was soon silenced. See the Trial of Daniel
Axtell, Oct. 15, 1660]; to which Charge being required to answer
he hath been so far from obeying the commands of the Court by
submitting to their justice, as he began to take upon him to
offer reasoning and debate unto the Authority of the Court, and
of the highest court that constituted them to try and judge him:
but being over-ruled in that, and required to make his Answer,
he was still pleased to continue contumacious, and to refuse to
submit or answer. Hereupon the Court, that they may not be
wanting to themselves, to the trust reposed in them, nor that
any man's wilfulness prevent justice, they have thought fit to
take the matter into their consideration, they have considered
of the Charge, they have considered of the Contumacy, and of
that Confession, which in law doth arise upon that contumacy;
they have likewise considered of the notoriety of the fact
charged upon this Prisoner, and upon the whole matter they are
resolved, and have agreed upon a Sentence to be now pronounced
against this Prisoner; but in respect he doth desire to be
heard, before the Sentence be read and pronounced, the Court
hath resolved that they will hear him. Yet, Sir, thus much I
must tell you beforehand, which you have been minded of at other
courts, that if that you have to say be to offer any debate
concerning jurisdiction, you are not to be heard in it; you have
offered it formerly, and you have indeed struck at the root,
that is, the power and supreme authority of the Commons of
England, which this Court will not admit a debate of; and which
indeed is an irrational thing in them to do, being a court that
acts upon authority derived from them, that they should presume
to judge upon their superior, from whom there is no appeal. But,
sir, if you have anything to say in defence of yourself
concerning the matter charged, the Court hath given me in
command to let you know they will hear you.
KING--Since that I see that you will not hear anything of
debate concerning that which I confess I thought most material
for the Peace of the Kingdom, and for the Liberty of the
Subject, I shall wave it; I shall speak nothing to it, but only
I must tell you, that this many a day all things have been taken
away from me, but that, that I call more dear to me than my
life, which is my conscience and my honour: and if I had respect
to my life more than the Peace of the Kingdom, the Liberty of
the Subject, certainly I should have made a particular Defence
for myself; for by that at leastwise I might have delayed an
ugly Sentence, which I believe will pass upon me. Therefore
certainly, Sir, as a man that hath some understanding, some
knowledge of the world, if that my true zeal to my country had
not overborne the care that I have of my own preservation, I
should have gone another way to work than that I have done. Now,
Sir, I conceive, that an hasty Sentence once passed, may sooner
be repented than recalled; and truly, the self-same desire that
I have for the Peace of the Kingdom, and the Liberty of the
subject more than my own particular, does make me now at last
desire, that having something for to say that concerns both, I
desire before Sentence be given, that I may be heard in the
Painted Chamber before the Lords and Commons. This delay cannot
be prejudicial to you, whatsoever I say; if that I say no
reason, those that hear me must be judges: I cannot be judge of
that, which I have: if it be reason, and really for the welfare
of the kingdom, and the liberty of the subject, I am sure on't,
very well it is worth the hearing; therefore I do conjure you,
as you love that which you pretend, I hope it is real, the
Liberty of the Subject, the Peace of the kingdom, that you will
grant me the hearing, before any Sentence be past. I only desire
this, that you will take this into your consideration, it may be
you have not heard of it before-hand; if you will, I'll retire,
and you may think of it; but if I cannot get this liberty I do
here protest, that so fair shews of Liberty and Peace are pure
shews, and not otherwise, since you will not hear your king.
LORD PRESIDENT--Sir, you have now spoken.
KING--Yes, Sir.
LORD PRESIDENT--And this that you have said is a further
declining of the Jurisdiction of this Court, which was the thing
wherein you were limited before.
KING--Pray excuse me, Sir, for my interruption, because you
mistake me; it is not a declining of it, you do judge me before
you hear me speak; I say it will not, I do not decline it,
though I cannot acknowledge the Jurisdiction of the Court; yet,
Sir, in this give me leave to say, I would do it, though I do
not by this acknowledge it, I do protest it is not the declining
of it, since I say, if that I do say any thing, but that which
is for the Peace of the Kingdom, and the Liberty of the Subject,
then the shame is mine. Now I desire that you will take this
into your consideration; if you will, I'll withdraw.
LORD PRESIDENT--Sir, this is not altogether new that you have
moved unto us, not altogether new to us, though it is the first
time in person you have offered it to the Court. Sir, you say
you do not decline the Jurisdiction of the Court.
KING--Not in this that I have said.
LORD PRESIDENT--I understand you well, Sir; but nevertheless,
that which you have offered seems to be contrary to that saying
of yours; for the Court are ready to give a Sentence; It is not
as you say, That they will not hear your king; for they have
been ready to hear you, they have patiently waited your pleasure
for three Courts together, to hear what you would say to the
People's Charge against you, to which you have not vouchsafed to
give any Answer at all. Sir, this tends to a further delay;
truly, Sir, such delays as these, neither may the kingdom nor
justice well bear; you have had three several days to have
offered in this kind what you would have pleased. This Court is
founded upon that Authority of the Commons of England in whom
rests the supreme jurisdiction; that which you now tender is to
have another jurisdiction, and a co-ordinate jurisdiction. I
know very well you express yourself, Sir, that notwithstanding
that you would offer to the Lords and Commons in the Painted
Chamber, yet nevertheless you would proceed on here, I did hear
you say so. But, Sir, that you would offer there, whatever it
is, it must needs be in delay of the Justice here; so as if this
Court be resolved, and prepared for the Sentence, this that you
offer they are not bound in justice to grant; But, Sir,
according to what you seem to desire, and because you shall know
the further pleasure of the Court upon that which you have
moved, the Court will withdraw for a time.
KING--Shall I withdraw?
LORD PRESIDENT--Sir, you shall know the pleasure of the Court
presently.
The Court withdraws for half an hour into the Court of Wards.
SERJEANT-AT-ARMS--The Court gives command, that the Prisoner be
withdrawn; and they give order for his return again.
The Court withdraws for half an hour and returns.
LORD PRESIDENT--Serjeant-at-Arms, send for your Prisoner.
Sir, you were pleased to make a motion here to the Court to
offer a desire of yours, touching the propounding of somewhat to
the Lords in the Painted Chamber, for the peace of the kingdom;
Sir, you did, in effect, receive an Answer before the Court
adjourned; truly, Sir, their withdrawing, and adjournment was
_pro forma tantum_: for it did not seem to them that there was
any difficulty in the thing; they have considered of what you
have moved, and have considered of their own Authority, which is
founded, as hath been often said, upon the supreme Authority of
the Commons of England assembled in parliament: the Court acts
according to their Commission. Sir, the return I have to you
from the Court, is this: That they have been too much delayed by
you already, and this that you now offer hath occasioned some
little further delay; and they are Judges appointed by the
highest Judges; and Judges are no more to delay, than they are
to deny Justice: they are good words in the great old Charter of
England; _Nulli negabimus, nulli vendemus, nulli differemus
Justitiam._ There must be no delay; but the truth is, Sir, and
so every man here observes it, that you have much delayed them
in your Contempt and Default, for which they might long since
have proceeded to Judgment against you; and notwithstanding what
you have offered, they are resolved to proceed to Punishment,
and to Judgment, and that is their unanimous Resolution.
KING--Sir, I know it is in vain for me to dispute, I am no
sceptic for to deny the Power that you have; I know that you
have Power enough: Sir, I confess, I think it would have been
for the kingdom's peace, if you would have taken the pains for
to have shewn the lawfulness of your Power; for this Delay that
I have desired, I confess it is a delay, but it is a delay very
important for the Peace of the Kingdom; for it is not my person
that I look on alone, it is the kingdom's welfare, and the
kingdom's peace; it is an old Sentence, That we should think
long, before we resolve of great matters. Therefore, Sir, I do
say again, that I do put at your doors all the inconveniency of
an hasty Sentence. I confess I have been here now, I think, this
week; this day eight days was the day I came here first, but a
little Delay of a day or two further may give Peace; whereas an
hasty Judgment may bring on that trouble and perpetual
inconveniency to the kingdom, that the child that is unborn may
repent it; and therefore again, out of the duty I owe to God,
and to my country, I do desire that I may be heard by the Lords
and Commons in the Painted Chamber, or any other chamber that
you will appoint me.
LORD PRESIDENT--Sir, you have been already answered to what you
even now moved, being the same you moved before, since the
Resolution and the Judgment of the Court in it; and the Court
now requires to know whether you have any more to say for
yourself than you have said, before they proceed to Sentence?
KING--I say this, Sir, That if you will hear me, if you will
give but this Delay, I doubt not but I shall give some
satisfaction to you all here, and to my People after that; and
therefore I do require you, as you will answer it at the
dreadful Day of Judgment, that you will consider it once again.
LORD PRESIDENT--Sir, I have received direction from the Court.
KING--Well, Sir.
LORD PRESIDENT--If this must be re-enforced, or any thing of
this nature, your Answer must be the same; and they will
proceed to Sentence, if you have nothing more to say.
KING--Sir, I have nothing more to say, but I shall desire, that
this may be entered what I have said.
LORD PRESIDENT--The Court then, Sir, hath something else to say
to you; which, although I know it will be very unacceptable, yet
notwithstanding they are willing, and are resolved to discharge
their duty. Sir, You speak very well of a precious thing, which
you call Peace; and it had been much to be wished that God had
put it into your heart, that you had as effectually and really
endeavoured and studied the Peace of the kingdom, as now in
words you seem to pretend; but, as you were told the other day,
actions must expound intentions; yet actions have been clean
contrary. And truly, Sir, it doth appear plainly enough to them,
that you have gone upon very erroneous principles: The kingdom
hath felt it to their smart; and it will be no case to you to
think of it; for, Sir, you have held yourself, and let fall such
language, as if you had been no way subject to the Law, or that
the law had not been your superior. Sir, the Court is very
sensible of it, and I hope so are all the understanding people
of England, that the law is your superior; that you ought to
have ruled according to the law; you ought to have so. Sir, I
know very well your pretence hath been that you have done so;
but, Sir, the difference hath been who shall be the expositors
of this law: Sir, whether you and your party, out of courts of
justice, shall take upon them to expound law, or the courts of
justice, who are the expounders? Nay, the Sovereign and the High
Court of Justice, the Parliament of England, that are not only
the highest expounders, but the sole makers of the law? Sir, for
you to set yourself with your single judgment, and those that
adhere unto you, to set yourself against the highest Court of
Justice, that is not law. Sir, as the Law is your Superior, so
truly, Sir, there is something that is superior to the Law, and
that is indeed the Parent or Author of the Law, and that is the
people of England: for, Sir, as they are those that at the first
(as other countries have done) did chuse to themselves this form
of government even for Justice sake, that justice might be
administered, that peace might be preserved; so, Sir, they gave
laws to their governors, according to which they should govern;
and if those laws should have proved inconvenient or prejudicial
to the public, they had a power in them, and reserved to
themselves, to alter as they shall see cause. Sir, it is very
true what some of your side have said, '_Rex non habet parem in
regno_,' say they: This Court will say the same, while King,
that you have not your peer in some sense, for you are _major
singulis_; but they will aver again that you are _minor
universis_. And the same Author tells you that, '_non debet esse
major eo in regno suo in exhibitione juris, minimus autem esse
debet in judicio suscipiendo_' [Bract., De Leg., lib. I. c.
viii.]
This we know to be law, _Rex habet superiorem, Deum et legem,
etiam et curiam_; so says the same author. And truly, Sir, he
makes bold to go a little further, _Debent ei ponere frænum_:
they ought to bridle him. And, Sir, we know very well the
stories of old: those wars that were called the Barons' War,
when the nobility of the land did stand out for the Liberty and
Property of the Subject, and would not suffer the kings, that
did invade, to play the tyrants freer, but called them to
account for it; we know that truth, that they did _frænum
ponere_. But, sir, if they do forbear to do their duty now, and
are not so mindful of their own honour and the kingdom's good as
the Barons of England of old were, certainly the Commons of
England will not be unmindful of what is for their preservation,
and for their safety; _Justitiæ fruendi causa reges constituti
sunt_. This we learn: The end of having kings, or any other
governors, it is for the enjoying of justice; that is the end.
Now, Sir, if so be the king will go contrary to that end, or any
other governor will go contrary to the end of his government;
Sir, he must understand that he is but an officer in trust, and
he ought to discharge that trust; and they are to take order for
the animadversion and punishment of such an offending governor.
This is not law of yesterday, Sir (since the time of the
division betwixt you and your people), but it is law of old. And
we know very well the Authors and the Authorities that do tell
us what the law was in that point upon the Election of Kings
upon the Oath that they took unto their people: And if they did
not observe it, there were those things called Parliaments; the
Parliaments were they that were to adjudge (the very Words of
the Author) the plaints and wrongs done of the king and the
queen, or their children; such wrongs especially, when the
people could have no where else any Remedy. Sir, that hath been
the people of England's case: they could not have their Remedy
elsewhere but in parliament.
Sir, Parliaments were ordained for that purpose, to redress the
Grievances of the people; that was their main end. And truly,
Sir, if so be that the kings of England had been rightly mindful
of themselves, they were never more in majesty and state than in
the Parliament: But how forgetful some have been, Stories have
told us, we have a miserable, a lamentable, a sad experience of
it. Sir, by the old laws of England, I speak these things the
rather to you, because you were pleased to let fall the other
day, You thought you had as much knowledge in the Law as most
gentlemen in England: it is very well, Sir. And truly, Sir, it
is very fit for the gentlemen of England to understand that Law
under which they must live, and by which they must be governed.
And then, Sir, the Scripture says, 'They that know their
master's will and do it not' what follows? The Law is your
master, the acts of parliament.
The Parliaments were to be kept antiently, we find in our old
Author, twice in the year, that the Subject upon any occasion
might have a ready Remedy and Redress for his Grievance.
Afterwards, by several acts of parliament in the days of your
predecessor Edward the third, they should have been once a year.
Sir, what the Intermission of parliaments hath been in your
time, it is very well known, and the sad consequences of it; and
what in the interim instead of these Parliaments hath been by
you by an high and arbitrary hand introduced upon the People,
that likewise hath been too well known and felt. But when God by
his Providence had so far brought it about, that you could no
longer decline the calling of a Parliament, Sir, yet it will
appear what your ends were against the antient and your native
kingdom of Scotland: the Parliament of England not serving your
ends against them, you were pleased to dissolve it. Another
great necessity occasioned the calling of this parliament; and
what your Designs, and Plots, and Endeavours all along have
been, for the crushing and confounding of this Parliament, hath
been very notorious to the whole kingdom. And truly, Sir, in
that you did strike at all; that had been a sure way to have
brought about That that this Charge lays upon you, your
intention to subvert the Fundamental Laws of the Land; for the
great bulwark of the Liberties of the People is the Parliament
of England; and to subvert and root up that, which your aim hath
been to do, certainly at one blow you had confounded the
Liberties and the Property of England.
Truly, Sir, it makes me to call to mind; I cannot forbear to
express it; for, Sir, we must deal plainly with you, according
to the merits of your cause; so is our Commission; it makes me
to call to mind (these proceedings of yours) That that we read
of a great Roman Emperor, by the way let us call him a great
Roman tyrant, Caligula, that wished that the people of Rome had
had but one neck, that at one blow he might cut it off. And your
proceedings have been somewhat like to this; for the body of the
people of England hath been (and where else) represented but in
the Parliament; and could you but have confounded that, you had
at one blow cut off the neck of England. But God hath reserved
better things for us, and hath pleased for to confound your
designs, and to break your forces, and to bring your person into
custody, that you might be responsible to justice.
Sir, we know very well that it is a question much on your side
press'd, By what Precedent we shall proceed? Truly, Sir, for
Precedents, I shall not upon these occasions institute any long
discourse; but it is no new thing to cite precedents almost of
all nations, where the people (where the power hath been in
their hands) have made bold to call their Kings to account; and
where the change of government hath been upon occasion of the
Tyranny and Misgovernment of those that have been placed over
them, I will not spend time to mention either France, or Spain,
or the Empire, or other countries; volumes may be written of it.
But truly, Sir, that of the kingdom of Arragon, I shall think
some of us have thought upon it, where they have the justice of
Arragon, that is, a man, _tanquam in medio positus_, betwixt the
King of Spain and the people of the country; that if wrong be
done by the King, he that is king of Arragon, the justice, hath
power to reform the wrong; and he is acknowledged to be the
king's superior, and is the grand preserver of their privileges,
and hath prosecuted kings upon their miscarriages.
Sir, what the Tribunes of Rome were heretofore, and what the
Ephori were to the Lacedemonian State, we know that is the
Parliament of England to the English state; and though Rome
seemed to lose its liberty when once the Emperors were; yet you
shall find some famous acts of justice even done by the Senate
of Rome; that great Tyrant of his time, Nero, condemned and
judged by the Senate. But truly, Sir, to you I should not need
to mention these foreign examples and stories: If you look but
over Tweed, we find enough in your native kingdom of Scotland.
If we look to your first King Fergus, that your Stories make
mention of, he was an elective king; he died, and left two sons,
both in their minority; the kingdom made choice of their uncle,
his brother, to govern in the minority. Afterwards the elder
brother, giving small hope to the people that he would rule or
govern well, seeking to supplant that good uncle of his that
governed them justly, they set the elder aside, and took to the
younger. Sir, if I should come to what your Stories make mention
of, you know very well you are the hundred and ninth king of
Scotland; for not to mention so many kings as that kingdom,
according to their power and privileges, have made bold to deal
withal, some to banish, and some to imprison, and some to put to
death, it would be too long: and as one of your own authors
says, it would be too long to recite the manifold examples that
your own stories make mention of. _Reges_, etc. (say they) we do
create: we created kings at first: _Leges_, etc., we imposed
laws upon them. And as they are chosen by the suffrages of the
People at the first, so upon just occasion, by the same
suffrages they may be taken down again. And we will be bold to
say, that no kingdom hath yielded more plentiful experience than
that your native kingdom of Scotland hath done concerning the
Deposition and the Punishment of their offending and
transgressing kings.
It is not far to go for an example: near you--Your grandmother
set aside, and your Father, an infant, crowned. And the State
did it here in England; here hath not been a want of some
examples. They have made bold (the Parliament and the People of
England) to call their Kings to account; there are frequent
examples of it in the Saxons' time, the time before the
Conquest. Since the Conquest there want not some Precedents
neither; King Edward the Second, King Richard the Second, were
dealt with so by the Parliament, as they were deposed and
deprived. And truly, Sir, whoever shall look into their Stories,
they shall not find the Articles that are charged upon them to
come near to that height and capitalness of Crimes that are laid
to your Charge; nothing near.
Sir, you were pleased to say, the other day, wherein they
dissent; and I did not contradict it. But take all together,
Sir; If you were as the Charge speaks, and no otherwise,
admitted king of England; but for that you were pleased then to
alledge, how that for almost a thousand years these things have
been, Stories will tell you, if you go no higher than the time
of the Conquest; if you do come down since the Conquest, you are
the twenty-fourth king from William called the Conqueror, you
shall find one half of them to come merely from the state, and
not merely upon the point of descent. It were easy to be
instanced to you; but time must not be lost that way. And truly,
Sir, what a grave and learned Judge said in his time, and well
known to you, and is since printed for posterity, That although
there was such a thing as a descent many times, yet the kings of
England ever held the greatest assurance of their Titles when it
was declared by Parliament. And, Sir, your Oath, the manner of
your Coronation, doth shew plainly, that the kings of England,
although it is true, by the law the next person in blood is
designed: yet if there were just cause to refuse him, the people
of England might do it. For there is a Contract and a bargain
made between the King and his people, and your Oath is taken;
and certainly, Sir, the bond is reciprocal; for as you are the
Liege Lord, so they Liege Subjects. And we know very well, that
hath been so much spoken of, _Ligeantia est duplex_. This we
know, now, the one tie, the one bond, is the Bond of Protection
that is due from the sovereign; the other is the Bond of
Subjection that is due from the Subject. Sir, if this bond be
once broken, farewell sovereignty! _Subjectio trahit_, etc.
These things may not be denied, Sir; I speak it rather, and I
pray God it may work upon your heart, that you may be sensible
of your Miscarriages. For whether you have been, as by your
office you ought to be, a Protector of England, or the Destroyer
of England, let all England judge, or all the world, that hath
look'd upon it. Sir, though you have it by inheritance in the
way that is spoken of, yet it must not be denied that your
office was an office of trust, and indeed an office of the
highest trust lodged in any single person; For as you were the
Grand Administrator of Justice, and others were, as your
delegates, to see it done throughout your realms; if your
greatest office were to do Justice, and preserve your People
from wrong, and instead of doing that, you will be the great
Wrong-doer yourself; if instead of being a Conservator of the
Peace, you will be the grand Disturber of the Peace; surely this
is contrary to your office, contrary to your trust. Now, Sir,
if it be an office of inheritance, as you speak of, your Title
by Descent, let all men know that great offices are seizable and
forfeitable, as if you had it but for a year, and for your life.
Therefore, Sir, it will concern you to take into your serious
consideration your great Miscarriages in this kind. Truly, Sir,
I shall not particularize the many Miscarriages of your reign
whatsoever, they are famously known: It had been happy for the
kingdom, and happy for you too, if it had not been so much
known, and so much felt, as the Story of your Miscarriages must
needs be, and hath been already.
Sir, That which we are now upon, by the command of the highest
Court, hath been and is to try and judge you for these great
offences of your's. Sir, the Charge hath called you Tyrant, a
Traitor, a Murderer, and a Public Enemy to the Commonwealth of
England. Sir, it had been well if that any of all these terms
might rightly and justly have been spared, if any one of them at
all.
KING--Ha!
LORD PRESIDENT--Truly, Sir, We have been told '_Rex est dum bene
regit, Tyrannus qui populum opprimit_': And if so be that be the
definition of a Tyrant, then see how you come short of it in
your actions, whether the highest Tyrant, by that way of
arbitrary government, and that you have sought for to introduce,
and that you have sought to put, you were putting upon the
people? Whether that was not as high an Act of Tyranny as any of
your predecessors were guilty of, nay, many degrees beyond it?
Sir, the term Traitor cannot be spared. We shall easily agree it
must denote and suppose a Breach of Trust; and it must suppose
it to be done to a superior. And therefore, Sir, as the people
of England might have incurred that respecting you, if they had
been truly guilty of it, as to the definition of law; so on the
other side, when you did break your trust to the kingdom, you
did break your trust to your superior; For the kingdom is that
for which you were trusted. And therefore, sir, for this breach
of Trust when you are called to account, you are called to
account by your superiors. '_Minimus ad majorem in judicium
vocat._' And, Sir, the People of England cannot be so far
wanting to themselves, God having dealt so miraculously and
gloriously for them: but that having power in their hands, and
their great enemy, they must proceed to do justice to themselves
and to you: For, Sir, the Court could heartily desire, that you
would lay your hand upon your heart, and consider what you have
done amiss, that you would endeavour to make your peace with
God. Truly, Sir, these are your High-Crimes, Tyranny and
Treason.
There is a third thing too, if those had not been, and that is
Murder, which is laid to your charge. All the bloody Murders,
which have been committed since this time that the division was
betwixt you and your people, must be laid to your charge, which
have been acted or committed in these late wars. Sir, it is an
heinous and crying sin: And truly, Sir, if any man will ask us
what Punishment is due to a Murderer, let God's Law, let man's
law speak. Sir, I will presume that you are so well read in
Scripture, as to know what God himself hath said concerning the
shedding of man's blood: Gen. IX., Numb. XXXV. will tell you
what the punishment is: And which this Court, in behalf of the
whole kingdom, are sensible of, of that innocent blood that has
been shed, whereby indeed the land stands still defiled with
that blood; and, as the text hath it, it can no way be cleansed
but with the shedding of the Blood of him that shed this blood.
Sir, we know no dispensation from this blood in that Commandment
'Thou shalt do no Murder': We do not know but that it extends to
kings as well as to the meanest peasants, the meanest of the
people: the command is universal. Sir, God's law forbids it;
Man's law forbids it: Nor do we know that there is any manner of
exception, not even in man's laws, for the punishment of murder
in you. It is true, that in the case of kings every private hand
was not to put forth itself to this work for their reformation
and punishment; But, Sir, the people represented having power in
their hands, had there been but one wilful act of murder by you
committed, had power to have convened you, and to have punished
you for it.
But then, Sir, the weight that lies upon you in all those
respects that have been spoken, by reason of your Tyranny,
Treason, Breach of Trust, and the Murders that have been
committed; surely, Sir, it must drive you into a sad
consideration concerning your eternal condition. As I said at
first, I know it cannot be pleasing to you to hear any such
things as these are mentioned unto you from this Court, for so
we do call ourselves, and justify ourselves to be a Court, and a
high Court of Justice, authorized by the highest and solemnest
court of the kingdom, as we have often said; And although you do
not yet endeavour what you may to discourt us, yet we do take
knowledge of ourselves to be such a Court as can administer
Justice to you: and we are bound, Sir, in duty to do it. Sir,
all I shall say before the reading of your Sentence, it is but
this: The Court does heartily desire that you will seriously
think of those evils that you stand guilty of. Sir, you said
well to us the other day, you wished us to have God before our
eyes. Truly Sir, I hope all of us have so: That God, who we know
is a King of Kings, and Lord of Lords; that God with whom there
is no respect of Persons; that God, who is the Avenger of
innocent Blood; We have that God before us; that God, who does
bestow a curse upon them that with-hold their hands from
shedding of blood, which is in the case of guilty malefactors,
and that do deserve death: That God we have before our eyes. And
were it not that the conscience of our duty hath called us unto
this place, and this imployment, Sir, you should have had no
appearance of a Court here. But, Sir, we must prefer the
discharge of our duty unto God, and unto the kingdom, before any
other respect whatsoever. And although at this time many of us,
if not all of us, are severely threatened by some of your party,
what they intend to do, Sir, we do here declare, That we shall
not decline or forbear the doing of our duty in the
administration of Justice, even to you, according to the merit
of your Offence although God should permit those men to effect
all that bloody design in hand against us. Sir, we will say, and
we will declare it, as those Children in the Fiery Furnace, that
would not worship the golden image, that Nebuchadnezzar had set
up, 'That their God was able to deliver them from that danger
that they were near unto'; But yet if he would not do it, yet
notwithstanding that they would not fall down and worship the
Image. We shall thus apply it; That though we should not be
delivered from those bloody hands and hearts that conspire the
overthrow of the kingdom in general, of us in particular, for
acting in this great Work of Justice, though we should perish in
the Work, yet by God's grace, and by God's strength, we will go
on with it. And this is all our resolutions, Sir, I say for
yourself, we do heartily wish and desire that God would be
pleased to give you a sense of your sins, that you would see
wherein you have done amiss, that you may cry unto him, that God
would deliver you from Blood-guiltiness. A good king was once
guilty of that particular thing, and was clear otherwise, saving
in the matter of Uriah. Truly, Sir, the Story tells us that he
was a repentant king: and it signifies enough, that he had died
for it, but that God was pleased to accept of him, and to give
him his pardon, 'Thou shalt not die, but the child shall die:
Thou hast given cause to the enemies of God to blaspheme.'
KING--I would desire only one word before you give Sentence; and
that is, that you would hear me concerning those great
Imputations that you have laid to my charge.
LORD PRESIDENT--Sir, You must give me now leave to go on; for I
am not far from your Sentence, and your time is now past.
KING--But I shall desire you will hear me a few words to you:
For truly, whatever Sentence you will put upon me in respect of
those heavy imputations, that I see by your Speech you have put
upon me; Sir, It is very true, that----
LORD PRESIDENT--Sir, I must put you in mind: Truly, Sir, I would
not willingly, at this time especially, interrupt you in
anything you have to say, that is proper for us to admit of;
but, Sir, you have not owned us as a Court, and you look upon us
as a sort of people met together; and we know what language we
receive from your party.
KING--I know nothing of that.
LORD PRESIDENT--You disavow us as a Court; and therefore for you
to address yourself to us, not acknowledging us as a Court to
judge of what you say, it is not to be permitted. And the truth
is, all along, from the first time you were pleased to disavow
and disown us, the Court needed not to have heard you one word;
For unless they be acknowledged a Court, and engaged, it is not
proper for you to speak. Sir, we have given you too much liberty
already, and admitted of too much delay, and we may not admit of
any farther. Were it proper for us to do it, we should hear you
freely; and we should not have declined to hear you at large,
what you could have said or proved on your behalf, whether for
totally excusing, or for in part excusing those great and
heinous Charges, that in whole or in part are laid upon you.
But, Sir, I shall trouble you no longer; your sins are of so
large a dimension, that if you do but seriously think of them,
they will drive you to a sad consideration of it, and they may
improve in you a sad and serious repentance; And that the Court
doth heartily wish that you may be so penitent for what you have
done amiss, that God may have mercy, at leastwise, upon your
better part: Truly, Sir, for the other, it is our parts and
duties to do that, which the law prescribes. We are not here
_jus dare_ but _jus dicere_. We cannot be unmindful of what the
Scripture tells us; 'For to acquit the Guilty is of equal
Abomination, as to condemn the Innocent.' We may not acquit the
Guilty. What sentence the law affirms to a Traitor, Tyrant, a
Murderer, and a public Enemy to the Country, that Sentence you
are now to hear read unto you; and that is the Sentence of the
Court.
The Lord President commands the sentence to be read: make an O yes, and
command Silence while the Sentence is read.
O yes made: Silence commanded.
The Clerk read the Sentence, which was drawn up in Parchment:
'Whereas the Commons of England in Parliament had appointed them
an High Court of Justice, for the Trying of Charles Stuart, King
of England, before whom he had been three times convened; and at
the first time a Charge of High-Treason, and other Crimes and
Misdemeanors, was read in the behalf of the Kingdom of England,'
etc. [Here the Clerk read the Charge.] 'Which Charge being read
unto him, as aforesaid, he the said Charles Stuart was required
to give his Answer: But he refused so to do; and so expressed
the several Passages of his Trial in refusing to answer. For all
which Treasons and Crimes this Court doth adjudge, That the said
Charles Stuart, as a Tyrant, Traitor, Murderer, and a Public
Enemy, shall be put to Death, by the severing his Head from His
Body.'
After the Sentence read, the Lord President said, This Sentence
now read and published, is the Act, Sentence, Judgment, and
Resolution of the whole Court.
Here the Court stood up, as assenting to what the President
said.
KING--Will you hear me a word, Sir?
LORD PRESIDENT--Sir, you are not to be heard after the Sentence.
KING--No, Sir?
LORD PRESIDENT--No, Sir; by your favour, Sir. Guard, withdraw
your Prisoner.
KING--I may speak after the Sentence--By your Favour, Sir, I may
Speak after the Sentence ever.
By your Favour (Hold!) the Sentence, Sir----
I say, Sir, I do----
I am not suffered for to speak: Expect what Justice other People
will have.
O yes: All manner of Persons that have any thing else to do, are
to depart at this time, and to give their attendance in the
Painted Chamber; to which place this Court doth forthwith
adjourn itself.
Then the Court rose, and the King went with his guard to sir Robert
Cotton's, and from thence to Whitehall.
FOOTNOTES:
[20] John Bradshaw (1602-1659) was the son of a Cheshire gentleman.
Called to the bar in 1627, he practised at Congleton till about 1643,
when he became judge of the Sheriff's Court in London, and was enjoying,
according to Campbell, 'a considerable but obscure practice'; had,
according to Clarendon, 'a good practice in his chamber, and [was] much
employed by the fractious'; and became, according to Milton, 'a profound
lawyer, an eloquent advocate.' He defended Lilburne successfully in
1645. He was made President of the High Court for the purpose of this
trial, after the position had been declined by Whitelock, Rolle, St.
John, and Wilde. After this trial he presided at the trials of the Duke
of Hamilton following on the Battle of Worcester; and Holland, Norwich,
Capel, and Owen after the siege of Colchester. Later on he vigorously
opposed Cromwell, and accepted a seat in Richard Cromwell's Council of
State. He became a Commissioner of the Great Seal in 1659, and died in
October of that year. His body was exhumed at the Restoration with those
of Cromwell and others, hung at Tyburn, and buried under the gallows.
According to a legend perpetuated by an inscription on a cannon, his
body was taken to Annapolis and buried there. A panegyric was written on
him by Milton.
[21] John Cook acted with Bradshaw as one of the counsel defending
Lilburne in 1646. After the trial, of a scurrilous account of which he
was probably the author, he was made Master of the hospital of St.
Cross, and afterwards held various judicial posts in Ireland. On the
Restoration he was tried and executed with the other regicides.
[22] See _post_, p. 150.
[23] 'This is as the king expressed it; but I suppose he meant
Answer.'--Former Edition.
[24] Clement Walker says: 'Whether these breaches and interruptions were
made by Bradshaw, or are omissions and expunctions of some material
parts of the king's speech, which this licensed penman durst not set
down, I know not. I hear much of the king's argument is omitted, and
much depraved, none but licensed men being suffered to take notes.'
[25] See p. 150.
THE REGICIDES
Before Charles II. left Breda to return to England as King; he published
a proclamation dated 4-14th April 1660, in which he promised among other
things a general pardon for all crimes, to everybody who made submission
to the new order of things within forty days, 'excepting only such
persons as shall hereafter be excepted by Parliament.' Accordingly, on
the 8th of July 1661, the matter was discussed in the Parliament which
recalled the King, and a list of excepted persons was drawn up. The
House of Lords, as was natural, showed a greater desire for severity
than the House of Commons, which gave Charles an opportunity, of which
he was not slow to avail himself, of appearing before the House of Lords
as an advocate for leniency. The result was that the Act of Oblivion was
passed by the newly elected Parliament on 11th July 1661. The Act, which
deserves careful study for various reasons, begins by pardoning all
crimes committed between 1st January 1637 and 24th January 1660. There
then follow exceptions. These include murders not committed under the
authority of the King or Parliament, double marriages, witchcraft, and
'any theft or stealing of any goods, or other felonies' committed since
4th March 1659. But the more important exceptions are contained in three
sections, by one of which various persons are excluded from the benefit
of the Act, while by the other two some of them are not to be executed
without the authority of an Act of Parliament. It is obvious that, as is
pointed out by Bridgman in Tichburne's trial, these sections did not
affect the functions of the jury in the trials of any of the named
persons. Marten, who was in the second category of exceptions,
condescended to attempt to defend himself on the ground that his name
was Harry Marten, and the name in the Act was Henry Martin; and Cook
took a still more technical point of defence on the same subject. In the
result the King's conduct in the matter seems generally to have been
regarded as lenient, and indeed his character seems to be free from the
reproach of cruelty or a desire for vengeance. It is interesting to
observe that there was a question of including Milton in the list of
excepted persons. He was not, however, so included, and as he would
otherwise have been subjected to a long term of imprisonment, we must,
if we agree with Lord Campbell in attributing to Hale any credit for the
composition of _The Pilgrim's Progress_, consider that Charles missed a
chance of contributing to the writing of _Paradise Lost_.
* * * * *
As a preliminary to the trial a meeting was held to settle certain
points of law which it was foreseen would arise. This was attended by
all the judges then in office, namely, Sir Orlando Bridgman, Chief-Baron
of the Exchequer;[26] Justices Foster[27] and Hide of the Common
Pleas;[28] Justice Mallet[29] of the King's Bench; together with Sir
Geoffry Palmer,[30] the King's Attorney; Sir Heneage Finch,[31] the
King's Solicitor; Sir Edward Turner, Attorney to the Duke of York; Mr.
Wadham Windham, of Lincoln's Inn; and Mr. Kelyng,[32] the reporter. It
was there resolved to try the prisoners at Newgate by commission of Gaol
Delivery, rather than by a special commission of Oyer and Terminer, so
as to proceed with the trial at once; that all the prisoners should be
arraigned the first day; that the King's counsel might privately manage
the evidence before the Grand Jury (the practice of allowing any
advocates to appear before the Grand Jury has long fallen into disuse);
that the murder of the King should be precisely laid in the indictment,
and be made use of as one of the overt acts to prove the compassing of
his death; that any act tending to the compassing of the King's death
besides the one laid in the indictment might be given in evidence; that
the two witnesses required in treason need not speak to the same overt
act;[33] that the fact that a juror had already found another prisoner
guilty on the same indictment was no good ground for a challenge; that
the prisoners should not be tried in irons; that the murder of the King
should be stated to have been committed by _quidam ignotus_, with a
visor on his face;[34] that the compassing of the King's death should be
laid to have been committed on the 29th Jan. 24 Car. I., and the murder
itself on _tricesimo mensis ejusdem Januarii_, without naming any year
of any king; and that the indictment should conclude '_contra pacem
nuper domini regis coron' et dignitat' suas_,' etc.; and other technical
matters were settled in the same way. The indictment was in Latin, being
preferred after Michaelmas, until which time English was allowed by the
Convention which was sitting when the King was restored.
The trials began on the 9th of October 1660, at Hick's Hall in the
County of Middlesex, when the Grand Jury were charged by the Lord
Chief-Baron Bridgman. True bills were found against thirty-one
persons,[35] a true bill being found against Hulet on the 12th.
On the next day Thomas Harrison[36] was put up to plead.
CLERK--Thomas Harrison, How sayest thou? Art thou Guilty of the
treason whereof thou standest indicted, and art now arraigned?
Or not Guilty?
HARRISON--My Lords, have I liberty to speak?
COURT--No more (at this time) than Guilty or Not Guilty. Mr.
Harrison, you have heard the direction before. We can but give
you the same rule. If you plead Guilty you shall be heard at
large; if Not Guilty, you know what remains.
HARRISON--Will you give me leave to give you my answer in my own
words?
LORD CHIEF-BARON--There is no answer but what the law directs;
it is the same with you as with all others, or as I would desire
if I was in your condition. You must plead Not Guilty, or if you
confess Guilty, there must be judgment on your confession.
HARRISON--You express your rule very fair, as well to me as to
this gentleman (pointing to sir H. Waller, who had just pleaded
guilty); but I have something to say, which concerns your
Lordships as well as myself.
COURT--You must hold, and plead Guilty or Not Guilty.
HARRISON--My Lord, I have been kept close prisoner near these
three months, that nobody might have access to me. Do you call
me to give you a legal answer, not knowing of my trial till nine
of the clock last night, and brought away from the Tower to this
place at six of the clock this morning?
COURT--You must give your direct answer, Guilty, or Not Guilty.
You cannot say it is sudden or unprovided. You spend your time
in vain. You trouble the Court. You must plead Guilty, or Not
Guilty. We must not suffer you to make discourses here. You must
plead either Guilty or Not Guilty.
CLERK--Are you Guilty, or Not Guilty?
After objecting to plead in this way for a little more time, Harrison
was at last persuaded to plead Not Guilty. He then objected to complete
the usual formula by saying that he would be tried by God and his
Country, saying that they were vain words; but eventually--
HARRISON--I do offer myself to be tried in your own way by God and
my Country.
CLERK--God send you a good deliverance.
On the next day, the 11th, at seven o'clock in the morning, Harrison's
trial began by the calling of the jury, of whom Harrison challenged
thirty-five, his maximum number.
The case was then opened by Finch, the Solicitor-General, who, after
explaining the law of treason by quotations from the Bible and Coke,
charged the prisoner more particularly with having brought the King up
to London; with having signed the warrant constituting the Court which
tried him; with having sat as a member of the Court; and with having
signed the death-warrant.
All the witnesses were then sworn, six in all.
_Masterson_ proved that he saw Harrison sitting 'in that which they
called the High Court of Justice' on the 27th of January 1649, the day
when the King was sentenced; and that when the sentence was read he,
with others, stood up as assenting to it. _Clark_, _Kirk_, and _Nutley_
also gave evidence to the same effect; the latter adding that some few
days before the 20th there was a Committee in the Exchequer Chamber of
which the prisoner was a member.
I do remember well it was in the evening; they were lighting of
candles, they were somewhat private. This gentleman was there, I
saw him; for through the kindness of Mr. Phelps, who was then
Clerk to that Committee, I was admitted, pretending first to
speak with the said Mr. Phelps, and that I had some business
with him; and so (as I said before) I was admitted into the
Committee Chamber. Being there I did observe some passages fall
from the prisoner at the bar; the words were to this purpose; he
was making a narrative of some discourse that passed between his
late majesty and himself in coming between Windsor and London,
or Hurst Castle, I know not well which. My Lord, that passage
that I observed to fall from him in that discourse was this; he
said that the King as he sat in the coach with him was
importunate to know what they intended to do with him. The King
asked, What do they intend to do with me; Whether to murder me
or no? 'and I said to him, There was no such intent on as to
kill him, we have no such thoughts.' But (said he) the Lord has
reserved you for a public example of justice. There is one word
more, my Lords, and that is this, which I heard from the
prisoner at the bar. The reason and end of their meeting
together at that Committee was concerning the charge. So much I
observed. It was concerning the contracting of the impeachment.
I observed that some found fault with the length of that as it
was drawn. They were offering some reasons to contract it, and I
heard this prisoner at the bar vent this expression; 'Gentlemen,
it will be good for us to blacken him what we can; pray let us
blacken him,' or words to that purpose. I am sure 'blacken' was
his word.
_Lord Newburgh_,[37] when he was living at Bagshot, saw Harrison
conducting the King in custody from Hurst Castle to London. The two
warrants, one for the trial, the other for the execution of the King,
were produced, and Harrison's signatures to them were proved to be in
his handwriting. The Court pointed out that they were not produced as
records, but as evidence of overt acts of constituting a compassing of
the King's death on his part.
HARRISON--I do not come to be denying anything that in my own
judgment and conscience I have done or committed, but rather to
be bringing it forth to the light.
COURT--Sir, you must understand this by the way, this you must
take along with you, that these are read not as anything of
authority in themselves, or as used to any other purpose, but as
evidence of the fact against you; take that along with you.
This concluded the evidence; and Windham summed up the case very
shortly, concluding, 'I think a clearer evidence of a fact can never be
given than is for these things,' [Here the spectators hummed.]
LORD CHIEF-BARON--Gentlemen, this humming is not at all becoming
the gravity of this Court. Let there be free speaking by the
prisoner and the Court Counsel. It is more fitting for a
stage-play than for a Court of Justice.
HARRISON--It is now time, my Lords, to offer what I have to say.
Have these learned gentlemen offered what they have to say?
COUNSEL--We have no more till he hath given us occasion, not for
evidence of the fact.
HARRISON--My lords, the matter that hath been offered to you, as
it was touched, was not a thing done in a corner. I believe the
sound of it hath been in most nations. I believe the hearts of
some have felt the terrors of that presence of God that was with
his servants in those days (however it seemeth good to him to
suffer this turn to come on us) and are witnesses that the
things were not done in a corner. I have desired, as in the
sight of him that searcheth all hearts, whilst this hath been
done, to wait, and receive from him convictions upon my own
conscience, though I have sought it with tears many a time, and
prayers over and over, to that God to whom you and all nations
are less than a drop of water in the bucket; and to this moment
I have received rather assurance of it, and that the things that
have been done as astonishing on the one hand, I do believe ere
it be long it will be made known from Heaven, there was more
from God than men are aware of. I do profess that I would not
offer of myself the least injury to the poorest man or woman
that goes upon the earth. That I have humbly to offer is this,
to your Lordships; you know what a contest hath been in these
nations for many years. Divers of those that sit upon the bench
were formerly as active----[38]
COURT--Pray, Mr. Harrison, do not thus reflect on the Court.
This is not the business.
HARRISON--I followed not my own judgment; I did what I did, as
out of conscience to the Lord; for when I found those that were
as the apple of mine eye to turn aside, I did loath them, and
suffered imprisonment many years. Rather than to turn as many
did, that did put their hands to this plough, I chose rather to
be separated from wife and family than to have compliance with
them, though it was said, 'Sit thou at my right hand,' and such
kind expressions. Thus I have given a little poor testimony that
I have not been doing things in a corner, or from myself. May be
I might be a little mistaken; but I did it all according to the
best of my understanding, desiring to make the revealed will of
God in his Holy Scriptures as a guide to me. I humbly conceive
that what was done, was done in the name of the Parliament of
England, that what was done, was done by their power and
authority; and I do humbly conceive it is my duty to offer unto
you in the beginning that this Court, or any Court below the
High Court of Parliament, hath no jurisdiction of their actions.
Here are many learned in the law, and to shorten the work, I
desire I may have the help of counsel learned in the laws, that
may in this matter give me a little assistance to offer those
grounds that the law of the land doth offer. I say, what was
done, was done by the authority of the Parliament, which was
then the Supreme Authority, and that those that have acted under
them are not to be questioned by any power less than them. And
for that I conceive there is much out of the laws to be shewed
to you and many Precedents also in the case. Much is to be
offered to you in that; according to the laws of the nations,
that was a due Parliament. Those Commissions were issued forth,
and what was done was done by their power; and whereas it hath
been said we did assume and usurp an authority, I say this was
done rather in the fear of the Lord.
COURT--Away with him. Know where you are, Sir; you are in the
assembly of Christians; will you make God the author of your
treasons and murders? Take heed where you are. Christians must
not hear this. We will allow you to say for your own defence
what you can; and we have with a great deal of patience suffered
you to sally out, wherein you have not gone about so much for
extenuation of your crimes, as to justify them, to fall upon
others, and to blaspheme God, and commit a new Treason: For your
having of counsel, this is the reason for allowing of counsel:
When a man would plead any thing, because he would plead it in
formality, counsel is allowed. But you must first say in what
the matter shall be, and then you shall have the Court's answer.
LORD FINCH--Though my lords here have been pleased to give you a
great latitute, this must not be suffered, that you should run
into these damnable excursions, to make God the author of this
damnable Treason committed.
_Harrison_ repeats his two points; that what was done was done by a
'Parliament of England, by the Commons of England assembled in
Parliament'; and was therefore not to be questioned by the present
Court; and that what any did in obedience to a power which they could
not disobey, they ought not to be punished for. Upon these two points he
asked to be allowed the assistance of counsel. To this the Lord
Chief-Baron replies that the body Harrison refers to was not a
Parliament, that Harrison had made himself 'a solicitor in the
business,' when he said, 'Come let us blacken him as much as we can';
and that 'neither both Houses of Parliament, if they had been there, not
any single person, community, not the people collectively, or
representatively, had any colour to have any coercive power over their
King.' Annesley--who had, as he says, been one of the 'corrupt
majority,' put out of the house at the time of Pride's Purge--and Hollis
repeat the same thing. An argument then ensues between Harrison and the
other members of the Court on the authority of Parliaments generally; at
last--
HARRISON--I would not willingly speak to offend any man, but I
know God is no respecter of persons. His setting up his standard
against the people----
COURT--Truly, Mr. Harrison, this must not be suffered; this doth
not at all belong to you.
HARRISON--Under favour, this doth belong to me. I would have
abhorred to have brought him to account, had not the blood of
Englishmen that had been shed----
COUNSEL--Methinks he should be sent to Bedlam, till he comes to
the gallows to render an account of this. This must not be
suffered.
SOLICITOR-GENERAL--My Lords, I pray that the jury may go
together upon the evidence.
SIR EDWARD TURNER--My Lords, this man hath the plague all over
him, it is a pity any should stand near him, for he will infect
them. Let us say to him as they used to write over an house
infected, 'The Lord have mercy upon him,' and so let the officer
take him away.
The argument then continues a little longer, chiefly between Harrison
and the Lord Chief-Baron; till--
LORD CHIEF-BARON--Mr. Harrison, you have appealed to our
consciences. We shall do that, which, by the blessing of God,
shall be just; for which we shall answer before the Tribunal of
God. Pray take heed of an obdurate, hard heart and seared
conscience.
HARRISON--My lords, I have been kept six months a close
prisoner, and could not prepare myself for this trial by
counsel. I have got here some acts of parliament, of that House
of Commons, which your Lordship will not own; and the
proceedings of that house, whose authority I did own.
The Lord Chief-Baron then summed up shortly, and the jury brought in a
verdict of Guilty, apparently without much hesitation. Sentence of
dragging, hanging, and quartering was accordingly passed in the ordinary
terms.
HUGH PETERS[39]
HUGH PETERS was called upon to plead on the 9th of October 1660.
CLERK--Hugh Peters, hold up thy hand. How sayest thou? Art thou
guilty of the treason whereof thou standest indicted; and for
which thou standest arraigned? Or Not Guilty?
HUGH PETERS--I would not for ten thousand worlds say I am
Guilty. I am not Guilty.
CLERK--How will you be tried?
HUGH PETERS--By the word of God [here the people laughed].
COURT--You must say By God and the Country. Tell him, you that
stand by him, what he should say, if he doth not know.
CLERK--How will you be tried?
HUGH PETERS--By God and the country.
The trial took place on the 13th of October, and after the jury were
sworn, without Peters making any challenges, the case was shortly opened
by Sir Edward Young. He stated that he would prove that Peters was a
chief conspirator with Cromwell at several times and several places
compassing the King's death; that he preached many sermons to the
soldiers urging the 'taking away the King,' comparing him to Barabbas;
that he was instrumental in directing the making of the proclamation for
the High Court of Justice; that when the King was executed, he was the
person that urged the soldiers below the scaffold to cry for justice;
and that on the day after the trial he commended it.
_Dr. William Young_ was the first witness. He first made Peters'
acquaintance about the time of the siege of Pembroke Castle, in 1648.
Afterwards, in 1649, Peters went over to Ireland with Cromwell, and
falling sick of the flux, returned to Milford and sent for the witness.
There I found him, grovelling upon the deck, and sick he was
indeed; with much difficulty we got him on shore; within a very
few days, to the best of my remembrance five days, I perfected
his cure; we became very familiar; I observed in him that he had
some secret thoughts that I could not well discover, neither
well understand; whereupon I thought it might tend to my
security that I should so much sympathize with him, to get
within him to know his intentions. After some weeks we grew so
familiar, that at last I found he began to enlarge his heart to
me. Many times I should hear him rail most insufferably against
the blood royal, not only against our martyred king, but against
his off-spring; still as we continued our acquaintance, he
became more and more open to me; so we would sit up discoursing
till about twelve or one of the clock at night very often, about
these unhappy wars late in England.
He said that he had been employed out of New England to stir up the
civil war; that he had been sent by the Parliament to Ireland 'to
receive further instructions to drive on the design to extirpate
monarchy'; that he had spent a great deal of his money, but had never
been repaid the £2000 or £3000 he had been promised for his journey; he
used to vilify monarchy, 'jocundarily scoffing at it, and would
ordinarily quibble in this manner, saying "this Commonwealth will never
be at peace till 150 be put down." I asked him what this 150 was, he
told me the three L's, and afterwards interpreted the meaning to be the
Lords, the Levites, and the Lawyers; with that, said I, we shall be like
the Switzers, Tinkers, and Traitors,' He had a commission from Cromwell
to raise troops for Ireland, he issued two commissions to bring over two
troops from Devon, and offered to make the witness a major or captain.
Talking of the removal of the King from Holmby House, he said that the
Parliament having then a design to secure himself and Cromwell, they
escaped out of London, and rode hard for it, and as we rode to
Ware we made a halt, and advised how we should settle this
kingdom in peace, and dispose of the King; the result was this,
They should bring him to justice, try him for his life, and cut
off his head; whether this was the expression of Cromwell I
cannot tell; but to the utmost of my remembrance, and I am
mistaken if it was not the advice of Mr. Peters to Cromwell; and
I believe it, because his former relations of his instructions
out of Ireland did tend to that effect.
PETERS--My lord, I desire to speak a word [his voice being low,
he was brought to the second bar]. I am the bolder to speak to
your lordships at this time a word, and it is high time to
satisfy my conscience; if these things were true, there is
enough said to destroy me; I desire leave to tell you what
offence I take at the witness, thus, my lord. This gentlemen I
do know----
COUNSEL--What say you to him?
PETERS--That which I have to say is this, that in his story he
hath told that which is not true; but I will not find fault with
him, because he was my host, I will not reflect and recriminate:
I shall give your lordships in simplicity as much satisfaction
myself as any witness; this I say to the man that speaks, and
this is certain, I did spend some time at this gentleman's
house, he is called there Dr. Young; and my trouble at this
discourse is this, I do not know, my lord, that I found a more
violent man for the parliament than himself; so far he undertook
to be a spy on one side; this I find to be so, he will not deny
it; he was very fierce in that way; I think words of such a man
ought to be little attended to. The second is this, this
gentleman is not a competent witness, and that upon a two-fold
ground. First, because I know he is under a very great
temptation and trouble in this very thing, and it is upon this
account he was put out of his living in the country, and here he
came to me to help him in again, and was very highly offended
because I did not do it. Secondly, it is not that I would
invalidate his witness, but give me leave to tell you, it is his
way to snap and catch at every man, which is the complaint of
the people in his own country. I know that same which is spoken
is false; I speak it in the presence of God, I profess, I never
had any near converse with Oliver Cromwell about such things; I
speak this to the Jury, that they would have a care of the
witness; I was in sickness then; those that have known me do
know likewise that I have much weakness in my head when I am
sick, and to take words that are spoken in a sick condition, he
ought not to do it; for the words themselves I do here profess
against them, for the generality of them; and that he hath been
freer in my judgment in any communication in this way than I
have been; it is marvellous, here I profess the things untruths;
I call God and angels to witness they are not true. I will give
you an account of my whole condition by-and-by, if I may be
heard.
COURT--You shall be heard at large; that which you have been
heard now is concerning the competency or incompetency of the
witness: the incompetency against him is this, that when you
came thither none more violent for the parliament than himself,
and that he was a great spy, and you say it was usual with him
to take such courses; these are but words; if you have any
witnesses we will hear them; the man may be traduced and
slandered, and so all witnesses may be taken away. Mr. Peters,
if you take this course, God knows when this business will end;
if you have a mind take pen, ink, and paper, and take notes of
the witnesses, and make exceptions to them one after another;
but interrupting one, and so another, we shall never have done.
YOUNG--I do recollect myself of some other conferences between
us; as to my being malicious, I know he never did me any wrong,
and therefore I cannot be malicious; and as for my reputation,
having resided two years in London I can have certificates both
from my country, and some of this city, to vindicate me in that
particular; But, my lord, that which I would inform your
lordship is this, he told me he took duke Hamilton a prisoner
himself in his own chamber, seized on his goods, and took his
George and blue ribbon off his shoulder, and the George he
shewed me.
_William Gunter_ was a drawer at the Star in Coleman Street. Oliver
Cromwell and several of his party used to meet there in consultation;
there were several meetings; he remembered one in particular when Peters
was there; he came about four in the afternoon and stayed till ten or
eleven at night; they were talking about the King after he was a
prisoner, for they called him by the name of Charles Stuart; they were
writing something, but the witness could not say what. He could not say
whether Peters was there oftener than once, 'but once I am certain of
it; this is the gentleman; for then he wore a great sword.'
PETERS--I never wore a great sword in my life.
_Starkey_ deposed that in the December before the King's death, and up
to the 12th of the following January, the headquarters of the army were
at Windsor, and General Ireton was quartered at his father's house. The
Council of War was held there, and Cromwell, Ireton, Peters, Col. Rich,
and another gentleman, whose name he forgot, would meet and consult
there, and sit up till two or three in the morning very privately
together. The witness was often in Ireton's company, and Peters would
often come in to meals in the evening.
Mr. Ireton being civil in carriage, would usually entertain
discourses with Mr. Peters, likewise would favor me sometimes
with discourse; and in that discourse I did many times take
occasion to assert the laws in point of the king; and
discoursing about the king as being a capital instrument in the
late inconveniences, as they called it, in the times of the war,
Mr. Ireton would discourse this ordinarily; I was bold to tell
them that the person of the king was _solutus legibus_; this
gentleman the prisoner at the bar, told me it was an unequal
law. I did observe Mr. Peters did bend his discourse, not by way
of argument only, but in point of resolution of judgment, fully
against the person and government of the king. I remember some
of his expressions were these, That he was a tyrant, that he was
a fool, that he was not fit to be a king, or bear that office; I
have heard him say, that for the office itself (in those very
words which shortly after came into print) that it was a
dangerous, chargeable, and useless office. My lords, the
constant discourse of this gentleman at that time was such as he
did believe would never be called into question, so it was not a
thing that a man was necessitated to observe by an accident, but
it was their whole discourse. I will put you in mind of a
particular passage. When the news came to Windsor that the king
was in prison at the Isle of Wight, my father (whose house that
was) was very much troubled at it; and being an ancient man, was
not able to control his passions with reason, told my mother
that they (meaning Mr. Ireton, etc.) should have no
entertainment there, and took the key of the cellar and put it
in his pocket; his passions being lessened, Mr. Ireton, his
wife, and another officer being at supper, and afterwards my
father said grace, and, as he usually did, though they were
there, he said that usual and honest expression, praying for the
king in these usual words, 'God save the king, prince, and
realm'; sometimes they did laugh at it, but never did reflect
upon him; but this night he made this expression, 'God save the
king's most excellent majesty, and preserve him out of the hands
of all his enemies.' Peters, who was then at the table, turns
about to him, and said, 'Old gentleman, your idol will not stand
long'; I do conceive he meant it of the king. For a matter of
two months of the constant residence and being of the army
there, I did observe that in the General Council there, and in
this private cabal (after the business was broke out, and when
the king was taken prisoner, and carried to Windsor), Mr. Peters
was the constant man; and when the business broke out, I looked
upon it in reason that Cromwell, Ireton, and this gentleman at
the bar, and Rich, and that other gentleman, whose name I have
forgot, that they were the persons that did the business. My
lords, Mr. Peters he continued at Windsor: I remember very well
that after the body of the army, the general, and the officers
of the army, were gone to London, he continued at Windsor: I
remember a passage of one Bacon, who was a sectary; Mr. Peters
being in discourse of the king, Mr. Bacon took great distaste at
Mr. Peters for some affront put upon the King; Mr. Peters falls
upon him, and rails at him, and was ready to beat him; we
understood it so, because he did tell him of his affronting the
King.
COUNSEL--Mr. Peters, if you have any thing to ask this witness,
you may.
PETERS--I have many things to ask him. Did I ever lie there?
STARKEY--No.
PETERS--Did you see me there at three o'clock in the morning?
STARKEY--I have seen you go up at ten o'clock at night to Mr.
Ireton's chamber, and sometimes I understood you did not go away
till four o'clock in the morning: I went to bed it is true, but
I understood it so.
_Thomas Walkely_ saw Cromwell, Goodwin, Peters, and others in the
Painted Chamber at Westminster on the day after the proclamation for the
trial of the King was made. Goodwin sat in the middle of the table and
made a long speech or prayer, and then it was ordered that strangers
should leave the room, and Walkely went out, and afterwards saw Peters
leave the room with the others. When the King was brought to London as a
prisoner, Walkely 'saw his majesty in his coach with six horses and
Peters, like a bishop almoner, riding before the king triumphing.'
_Proctor_ also saw the King driving into London with the prisoner riding
before him, the King sitting alone in his coach. 'My Lord, I did put off
my hat, and he was graciously pleased to put off his hat; the troopers
seeing this, they threw me into the ditch, horse and all, where I stayed
till they pass by, and was glad I escaped so.'
_Hardwick_ heard the proclamation for the High Court of Justice made in
Westminster Hall, and afterwards Peters came into Palace Yard and told
the officers there that the proclamation must also be made in Cheapside
and at the Old Exchange.
_Holland Simpson_ saw the sitting of the High Court; he saw Peters
there, but not as a judge.
There was one day in the hall colonel Stubbards, who was
adjutant-general (he was a very busy man) and colonel Axtel; Mr.
Peters going down the stairs, comes to him, and bids Stubbards
to command the soldiers to cry out 'justice, justice, against
the traitor at the bar.'
COUNSEL--Who did he mean?
SIMPSON--The King was at the bar at the same time; whereupon, my
lord, the soldiers did cry out upon the same; and as the King
was taken away to sir Robert Cotton's some of them spit in the
King's face, but he took his handkerchief, wiped it off, and
smiled.
_Thomas Richardson_ and _Sir Jeremy Whichcot_ spoke to casual
expressions of Peters which showed approval of the King's trial and
deposition.
_Richard Nunnelly, sworn._
COUNSEL--Was Peters upon the Scaffold at the time of execution
or before?
NUNNELLY--On that unhappy day, 30th of Jan. 1649, this Hugh
Peters came an hour before the king came to Whitehall; I came
with a warrant of a £40 or £50,000 to Oliver Cromwell, being
door-keeper to the Committee of the Army; Nunnelly, says Oliver
Cromwell, will you go to Whitehall? Surely you will see the
beheading of the king; and he let me into Whitehall; coming into
the boarded gallery I met Hugh Peters, and he was in the
gallery; and then I got with Hugh Peters into the
Banqueting-House; being there, Hugh Peters met one Tench of
Hounsditch, that was a joiner meeting him; he speaks to him, and
whispers in his ear, and told him somewhat, I do not know what
it was; but Tench presently went and knocked four staples upon
the scaffold; I meeting Tench again, What art thou doing? said
I. What, will you turn hangman? Says he, This day will be a
happy day. Said I, Pray God send it be not a bloody day; upon
that Hugh Peters went upon the scaffold just an hour before the
king came, and then he went off again. I watched at the window
when the king's head was cut off, and afterwards I saw the
vizards going into a chamber there; about an hour afterwards (I
staying there at the door) there comes Hugh Peters in his black
cloak and broad hat out of that chamber (as I take it) with the
hangman; I am sure I did see him go along with the hangman to
take water; this is all I can remember, it being many years
since.
PETERS--I humbly beg I may be heard in this case; I have here a
witness, and I desire he may be examined; it is noised I was
upon the scaffold, I here call God to witness I was not out of
my chamber that day; I was sick that day; I speak in the
presence of the Lord.
COURT--If your witness will stay he shall be heard; there are
more witnesses to the same thing, and so he may speak to all
together.
_Dr. Mortimer, sworn._
MORTIMER--Me lar, me ha serd de king, etc.
COURT--We cannot understand a word.
COUNSEL--He is a Frenchman, my lord.
COURT--Pray let there be an interpreter.
[One Mr. Young was sworn to interpret truly his evidence. But it
being afterwards found difficult and troublesome, the Counsel
waved his evidence, and prayed another witness might be called.]
MORTIMER--Me Lar, me can peak Englis----
COUNSEL--No, no, pray sit down, we will examine other witnesses.
Call Stephen Clough.
_Stephen Clough_ heard there was to be a meeting of the Council of
officers at Westminster, about three weeks or a month before the King's
execution,
and I being willing (my Lord) to hear what their consultations
were, I went thither, and was there as one of them (but I was
not one); amongst the rest Hugh Peters was one; when the room
was pretty full the door was shut. Mr. Peters was desired to
call for a blessing upon their business; in his prayer he
uttered these words, 'O Lord (said he) what a mercy it is to see
this great city fall down before us! And what a stir there is to
bring this great man to trial, without whose blood he will turn
us all into blood if he reign again!'
_Beaver_, upon the day appointed for a fast for those that sat then as a
parliament,
went to Westminster to find out some company to dine with me,
and having walked about an hour in Westminster Hall, and finding
none of my friends to dine with me, I went to that place called
Heaven, and dined there.
After he had dined he went through St. Margaret's churchyard, and
finding it all full of muskets and pikes, asked some soldiers what was
their business there. They told him that Peters was preaching in the
church, and 'I must needs have the curiosity to hear that man, having
heard many stories of the manner of his preaching (God knows I did not
do it out of any manner of devotion); I crowded near the pulpit, and
came near to the speaker's pew.' He heard Peters preaching on the text
about the Jews releasing Barabbas and crucifying Christ; interpreting
Barabbas to mean the King, and Christ the Army.
Says he, and because that you should think, my lords and
gentlemen, that it is a question, I tell you it is a question; I
have been in the city which may very well be compared to
Hierusalem in this conjuncture of time, and I profess these
foolish citizens for a little trading and profit, they will have
Christ (pointing to the redcoats on the pulpit stairs)
crucified, and the great Barabbas at Westminster released.
He told the members that they were the Sanhedrim, and that it was they
to whom the people looked for justice--
Do not prefer the great Barabbas, Murderer, Tyrant, and Traitor,
before these poor hearts (pointing to the redcoats) and the army
who are our saviours.
It was proved by the journal of the House of Commons that a fast had
been ordered for the 20th of December 1648.
_Chace_ had heard Peters preaching on the 21st of January; his text was,
'Bind your kings with chains, and your nobles with fetters of iron.' He
maintained that the King was not above the law. It was said they had no
power to behead the King; 'Turn to your bibles,' he answered, 'and you
shall find it there, Whosoever sheds man's blood, by man shall his blood
be shed; and I see neither King Charles, Prince Charles, nor prince
Rupert, nor prince Maurice, nor any of that rabble excepted out of it.'
PETERS--Ask him if he took notes.
CHACE--No sir, but it being so memorable a sermon I took special
notice of it; I came to my brother's house in Shoe lane, and
told him; said I, Brother, I have been at Whitehall and have
heard the most execrable business that ever was in the world by
a minister of the Gospel, and told him the words, and I observed
that Oliver Cromwell did laugh at that time when you were
preaching.
_Tongue_, _Bowdler_, _Rider_, and _Walker_ all gave similar evidence as
to Peters' preaching.
_Cornelius Glover_ was called by Peters, but was not sworn. He was
Peters' servant at the time of the King's execution; on the morning of
that day Peters was ill in his chamber.
I had a desire to go to see the meeting where they were at
Whitehall; saith he, 'Thou seemest to have a great desire to go
and look about thee, it is very sad, but if you will go you
may.' I did go over the park.
He went about noon, the soldiers and people filled the place, and he
went back in a quarter of an hour's time. When he got back, Peters was
still in his chamber. He was melancholy sick, as he used to be.
LORD CHIEF-BARON--Did you desire to go, or did he send you?
GLOVER--I did desire to go, being newly come to London.
_Peters_ was then called on to make his defence. He began by pointing
out that he had nothing to do with the beginning of the war.
I lived fourteen years out of England, when I came over I found
the wars begun; I began no war, my lord, nor have been the
trumpeter; when I came out of the West Indies I fled from the
war into Ireland, to the western parts there. I was neither at
Edge-Hill nor Naseby; but my lord, after I came over there was
war that the people were engaged in; I was not here in the
beginning of it, but was a stranger to the carriage of it. When
I came into the nation I looked after three things; One was that
there might be sound Religion; the second was that Learning and
Laws might be maintained; the third that the poor might be cared
for; and I must confess I have spent most of my time in these
things to this end and purpose.
He explains how he acted for these ends in Ireland, and how, being sent
over to England, 'that we might have a little help in point of Excise
and Customs,' he saw the state of the country, and
in some measure I did stir, but by strong importunities, the
ministers of London deeper than I; I am very sorry to hear of my
carriage towards the King; it is my great trouble; I beg pardon
for my own folly and weakness; I thought God had a great
controversy with the nation, and the Lord was displeased on all
hands; that which some people took to, I did take unto; I went
into the army; I saw at the beginning of it that corruptions
grew among them.... I had neither malice nor mischief in my
heart against the King; upon this I did engage so far, being
invited; I went into the wars, and there I found very strange
and several kinds of providences, as this day hath been seen; I
do not deny but that I was active, but not to stir in a way that
was not honourable. I had so much respect for his majesty,
particularly at Windsor, that I propounded to his majesty my
thoughts, three ways to preserve himself from danger, which were
good as he was pleased to think though they did not succeed, and
the work died; as for malice I had none in me; I have not
persecuted with malice, I will only take off malice.
The _Lord Chief-Baron_ reminded him that the business was a matter of
fact, and shortly recapitulated the evidence against him. Consulting
about the King's death; proposing or determining that he should die;
making seditious speeches, in the pulpit or out of it, would all be
overt acts proving treasonable intention. His conversations with Dr.
Young at Milford, his meetings with Cromwell and others at the Star, his
participation in the councils held at Starkey's house at Windsor, all
proved the consulting and proposing. His presence at the meeting in the
Painted Chamber; his riding in front of the King when he was brought to
London (which Peters interrupted to explain that he did by the King's
command that he might procure the Bishop of London to come to him); the
part he took in ordering the reading the proclamation about the High
Court, which Peters denied; his telling the soldiers to cry out Justice,
Justice; his presence at the scaffold before the execution [_Peters_--'I
do not profess to your lordship, before angels and men, that I did not
stir out of my chamber that day.' _Lord Chief-Baron_--'Counsel doth not
put reliance upon that because of what your witness saith, though his
evidence is not satisfactory']; his prayers and his sermons all go to
complete the case. When Peters objects that some of the witnesses to the
sermons are but single witnesses, the judge expressly lays it down that
the two witnesses required need not both speak to the same overt act.
The Solicitor then notices the main facts of the case in a still more
abbreviated form, concluding:
The honour of the pulpit is to be vindicated; and the death of
this man will preach much better than his life did; it may be a
means to convert many a miserable person, whom the preaching of
this person hath seduced; for many come here and say they did it
'in the fear of the Lord'; and now you see who taught them; and
I hope you will make an example of this carnal prophet.
The jury after a little consultation found the prisoner Guilty; and he
was forthwith sentenced to death in the usual terms.
WILLIAM HULET
William Hulet was arraigned on the 15th of October, and tried on the
same day. He challenged no jurors, and refused pen and ink because he
could not write; but as he had not well understood the indictment he
desired it to be read over again, which was done.
Sir Edward Turner opened the case, alleging that Hulet was on the
scaffold, in disguise, on the occasion of the execution, and suggesting
that it was he who actually beheaded the King; a fact which he proposed
to prove chiefly by Hulet's own admissions.
_Gittens_ was the first witness. He stated that he and Hulet were both
serjeants in the same regiment at the time of the execution. A day or
two before the King came to the scaffold about thirty-eight of them were
sworn to secrecy by Colonel Hewson, and they were all asked whether
they would behead the King for a hundred pounds, and a promise of
preferment in the army. They all refused. At the time of the execution
it seems that part of the regiment was on guard in Scotland Yard, and
part in the Banqueting Chamber and on the scaffold. The witness was with
the former part, but managed to get near the scaffold before the
execution actually happened. 'Hulet (as far as I can guess), when the
King came on the scaffold for his execution, and said, Executioner, is
the block fast? fell on his knees.'
COUNSEL--Who did?
GITTENS--Hulet, to ask him forgiveness; by his speech I thought
it was he. Captain Atkins said, who would not undertake to do
this fact? I told him I would not do it for all the city of
London; no, nor I neither for all the world, saith Atkins; you
shall see Hulet quickly come to preferment; and presently after
he was made captain-lieutenant.
COUNSEL--Was he with his regiment that day?
GITTENS--We could not see him with the regiment all that day; he
was never absent at any time before.
COUNSEL--Did you know his voice?
GITTENS--Yes, sir. He had a pair of freeze trunk breeches, and a
vizor, with a grey beard; and after that time col. Hewson called
him 'father grey beard' and most of the army besides, he cannot
deny it.
In cross-examination Gittens repeated that he knew Hulet by his voice,
and that he was by Captain Webb at the door of the Banqueting House.
_Stammers_ was afterwards in Hewson's troop when Hulet was
captain-lieutenant, and marched at his orders to Luttrels-town; there
Hulet questioned him as to his previous service, and asked whether he
had ever served in the King's army: 'with that he walks about the room
two or three turns; saith he, I was the man that beheaded King Charles,
and for doing it I had an hundred pounds, saying I was a serjeant at
that time.'
Cross-examined, he said that he had been in the troop about a fortnight;
and that when he first saw Hulet he pretended that he was brother to one
Chambers. Hulet said that his evidence did not agree with that which he
had given in his examination at Dublin, and desired that the latter
might be read; which was done, and it agreed with the testimony he had
just given.
_Toogood_ was in Dublin in 1650, about September; he had some business
with Hewson, where he saw Hulet, and observed that he was very familiar.
I asked Hewson what he was, he told me he was his
captain-lieutenant of horse; I desired to know where he had him?
he told me he made him so from a serjeant, and a very mettled
fellow he was; it was he that did the King's business for him
upon the scaffold. In 1653 there was a disbanding of the army in
Ireland; this gentleman was then continued captain-lieutenant
in Pretty's regiment; I discoursed with Pretty concerning him,
and one part of it, I remember, was about the King's death; and
he did tell me that he was assured by col. Hewson that Hulet
either cut off the King's head, or held it up, and said, 'Behold
the head of a traitor.' Col. Pretty could not tell me which of
the two it was; but I saw the person that did it, and methought
he did resemble this person.
Twelve months afterwards he came to live near the prisoner in Ireland,
and meeting him at the White Horse in Carlow, asked whether he was the
man that cut off the King's head or not.
Saith he, Why do you ask me this question? I told him I had
heard so by several, namely by Hewson and Pretty; upon that he
said, 'Well, what I did, I will not be ashamed of; if it were to
do again I would do it.' Once since that time, about half a year
afterwards, I was in the same place, and there talking about the
King's death, he was telling me it was true, he was one of the
two persons that were disguised upon the scaffold. I desired to
know what if the King had refused to submit to the block? saith
he, there were staples placed about the scaffold, and I had that
about me that would have compelled him, or words to that effect;
other times I have heard him speak something to this ... I have
observed in Ireland, that it hath been generally reported that
he was either the man that cut off the King's head or he that
held it up, as I said before, and I have heard them sometimes
call him Grandsire Greybeard.
_Walter Davis_ had two years before been drinking with Hulet in Dublin,
and
said I to Hulet, I pray resolve me this one question; it is
reported that you took up the King's head, and said, Behold the
head of a traitor; Sir, said he, it is a question I never yet
resolved any man, though often demanded; yet, saith he,
whosoever said it, it matters not, I say it now; it was the head
of a traitor.
_Lieut.-Colonel Nelson_ had asked Colonel Axtell (who had just been
tried and condemned) who were the two disguised persons on the scaffold.
He told me I knew the persons as well as himself; saith he, they
have been on service with you many a time; pray, sir, said I,
let me know their names? Truly, said he, we would not employ
persons of low spirits that we did not know, and therefore we
pitched upon two stout fellows. Who were those? said I. It was
Walker and Hulet, they were both serjeants in Kent when you were
there, and stout men. Who gave the blow? said I. Saith he, poor
Walker, and Hulet took up the head; Pray, said I, what reward
had they? I am not certain whether they had thirty pounds apiece
or thirty pounds between them.
_Col. Thompson_ and _Benjamin Francis_ both saw the execution, and said
that it was a man disguised in a light wig that cut off the King's head.
Hulet said he could bring thirty or forty witnesses to prove that some
one else did the act, and others to prove that he was not there on that
day; he also produced a paper of examinations taken before the Lord
Mayor, being of Mary Brandon and others. He was reminded that he had
been examined in the Tower, and admitted that he was then charged with
cutting off the King's head. 'Then,' said the Chief-Baron, 'you had time
to provide your witnesses,' to which Hulet replied that he had been a
close prisoner since then. He further said that he had been a prisoner,
together with six or eight others, on the day of the execution; they
were imprisoned because they refused to be on the scaffold. Hulet wished
to call Hacker, Huncks, and Phayre, but the Court pointed out that
Hacker had already been tried for his life (and condemned), and that
Phayre was a prisoner in the Tower. Huncks had been called as a witness
against Axtell. Hulet then called a _Sheriff's Officer_, who said that
he had been told by one of his fellow-officers
that he was in Rosemary Lane a little while after the execution
of the King, drinking with the hangman [_i.e._ George Brandon],
that he did urge him whether he did this fact; God forgive me,
saith he, the hangman, I did it, and I had forty half-crowns for
my pains.
ABRAHAM SMITH--My Lord, as soon as that fatal blow was given I
was walking about Whitehall, down came a file of musketeers; the
first word they said was, Where be the bargemen? Answer was
made, Here are none; away they directed the hangman in my boat;
going into the boat he gave one of the soldiers a half-crown.
Said the soldiers--Waterman, away with him, be gone quickly; but
I fearing this hangman had cut off the King's head, I trembled
that he should come into my boat, but dared not examine him on
shore for fear of the soldiers; so I launched out, and having
got a little way in the water, said I, who the devil have I got
in my boat? Says my fellow, says he, why? I directed my speech
to him, saying, Are you the hangman that cut off the King's
head? No, as I am a sinner to God, saith he, not I; he shook
every joint of him; I knew not what to do; I rowed away a little
further, and fell to a new examination of him, when I had got
him a little further, Tell me true, said I, are you the hangman
that cut off the King's head? I cannot carry you, said I; No,
said he, I was fetched by a troop of horse, and I was kept a
close prisoner at Whitehall, and truly I did not do it; I was
kept a close prisoner all the while; but they had my
instruments. I said I would sink the boat if he would not tell
me true; but he denied it with several protestations.
WILLIAM COX--When my lord Capel, duke of Hamilton, and the Earl
of Holland were beheaded in Palace Yard in Westminster,[40] my
lord Capel asked the common hangman, saith he, Did you cut off
my master's head? Yes, saith he. Where is the instrument that
did it? He then brought the ax. This is the same ax. Are you
sure? saith my lord. Yes, my lord, saith the hangman, I am very
sure it is the same. My lord Capel took the ax, and kissed it,
and gave him five pieces of gold. I heard him say, Sirrah, wert
thou not afraid? Saith the hangman, they made me cut it off, and
I had thirty pounds for my pains.
_Richard Abell_ heard one Gregory confess that he cut off the King's
head. The Lord Chief-Baron then asked Hulet whether he wished for any
further time to examine into the truth of the matter; but on his saying
that he needed a fortnight for the purpose the trial was proceeded with
at once.
A STRANGER--My Lord, I was with my master in the company of
Brandon the hangman, and my master asked Brandon whether he cut
off the King's head or no? He confessed in my presence that he
did cut off the King's head.
The Lord Chief-Baron then summed up the case, briefly repeating the
substance of the evidence. He pointed out that the evidence went two
ways, meaning apparently that Hulet either cut off the King's head, or
held it up after it was cut off, and whichever he did, the jury ought to
find him Guilty. He concluded by telling them that they were not to
consider what was said of the prisoner by another unless it was
corroborated by what the prisoner said.
After a more than ordinary time of consideration the jury returned to
their places, and found the prisoner Guilty.
Hulet was brought up for sentence on the 16th of October, and sentenced
to death in the usual way, with other prisoners. At the same time he was
informed that his execution would be delayed in order that the King's
pleasure might be known. He was eventually reprieved.[41]
FOOTNOTES:
[26] Sir Orlando Bridgman (1606-1674) was the eldest son of the Bishop
of Chester. He entered Queens College, Cambridge, in 1619; became a
fellow of Magdalene in 1624, and was called to the bar in 1632. He
became Chief-Justice of Chester in 1638, and Solicitor-General to the
Prince of Wales in 1640. He sat in the Long Parliament as a Royalist,
and in the Oxford Parliament in 1644. He was one of the King's
Commissioners at the Uxbridge negotiations in 1644-45. He ceased
appearing in court under the Commonwealth, but enjoyed a considerable
practice as a conveyancer, at that period a very profitable branch of
the profession. At the Restoration he was made a Serjeant, Chief-Baron
of the Exchequer, and a Baronet. After this trial he became
Chief-Justice of the Common Pleas. On the disgrace of Clarendon he
became Lord Keeper in 1667, a position in which he did not add to his
fame as a lawyer. According to North, he was both ignorant and weak;
'and what was worst of all, his family were very ill qualified for that
place; his lady being a most violent intriguess in business, and his
sons kept no good decorum whilst they practised under him.' He avoided
the political intrigues of the time; he was kept in ignorance of the
Treaty of Dover, and refused to let the Declaration of Indulgence pass
the Great Seal in its original state in 1672. Finally, when Charles
declared the Exchequer closed for twelve months he refused to grant an
injunction to protect the bankers who were likely to be ruined. He was
accordingly removed from office in November 1672, and was succeeded by
Lord Shaftesbury.
[27] Sir Robert Foster (1589-1663), the youngest son of a judge of the
Common Pleas, was called to the bar in 1610. He supported Charles I.'s
most tyrannical proceedings, and became a Justice of the Common Pleas in
1640. He followed Charles to Oxford, and attempted to hold his court
there. He was removed from his office by the Parliament, and practised
as a conveyancer during the Commonwealth. He was at once restored to his
office at the Restoration. After this trial, he was, in the dearth of
good lawyers who were also Royalists, made Lord Chief-Justice. He
presided at the trial of Sir Harry Vane the younger, who was convicted
of treason in compassing the death of Charles II., his real offence
being the part he took against Strafford; and was instrumental in
inducing the King to sign his death-warrant in breach of the Act of
Indemnity. In other trials of political opponents he acquired the
reputation of a partisan judge.
[28] Sir Robert Hide (1595-1665) was cousin to Lord Clarendon. He was
called to the bar in 1617, and became Recorder of Salisbury in 1638. He
sat as a Royalist in the Long Parliament, and joined the King at Oxford.
He was committed to the Tower in 1645 and 1646, and deprived of his
recordership. He was made a Justice of the Common Pleas in 1660, and
Lord Chief-Justice on Foster's death, through his cousin's influence. He
was celebrated for his trials of seditious printers, and died in court
as he was about to begin the trial of one of them.
[29] Sir Thomas Mallet (1582-1665) came of a legal family, and was
called to the bar in 1606. He sat in Charles I.'s first two parliaments,
and was made a Justice of the King's Bench in 1641. He came into
opposition to Parliament by opposing their measures in relation to the
Book of Common Prayer and the Militia, and was twice imprisoned by them
and fined. He was replaced on the Bench at the Restoration, at the age
of seventy-eight, but retired in 1663.
[30] Sir Geoffrey Palmer (1598-1670) was called to the bar in 1623, sat
in the Long Parliament, was one of the managers of Strafford's
impeachment, but rallied to the King's side on the passing of the Act
perpetuating Parliament in 1641. He voted against Hampden's motion for
printing the remonstrance in November 1641, and was committed to the
Tower. He withdrew from the House after the passing of the Militia
Ordinance, and sat in the Parliament at Oxford. He was one of the King's
representatives at the Uxbridge negotiations, 1644-45, and was committed
to the Tower in 1655. He became Attorney-General at the Restoration, and
so remained till his death.
[31] See vol. ii. p. 5.
[32] Sir John Kelyng was the son of a barrister, and was called to the
bar in 1631-32. He practised for a short time in the oppressive Forest
Courts, attempted to present some persons at the Hertford Quarter
Sessions in 1642, for what he held to be unlawful drilling under the
Militia Ordinance, and was in consequence committed to Windsor Castle
till 1660. He was released at the Restoration, and was called upon to
supply the place of the King's Serjeant, Glanville, at this trial. He
was afterwards knighted, and entered Parliament, where he was employed
in drafting the Act of Uniformity. As to his connection with the trial
of the Bury St. Edmunds witches, see _post_, pp. 226, 229. He took a
prominent part in Vane's trial, and was made a puisne judge in 1663. He
was appointed to succeed Hyde as Lord Chief-Justice in 1667, after the
post had been vacant seven months. He was said to owe his place to
corrupt dealings with Clarendon, or to the favour of Lady Castlemaine,
but this is doubted by Campbell, who otherwise takes a most unfavourable
view of his career. His subsequent conduct on the bench was such that,
though he never presided at any trials of great importance, a petition
against him was considered in the House of Commons, and a Committee
reported most unfavourably on his behaviour. He made his peace with the
House, but sank into insignificance, and died in 1671, still in office.
[33] See vol. ii. pp. 35, 37.
[34] It does not appear whether any difference was made in Hulet's case.
[35] The Regicides actually tried were Sir Hardress Waller, Colonel
Thomas Harrison, William Hevingham, Isaac Pennington, Henry Martin,
Gilbert Millington, Robert Tichburne, Owen Roe, Robert Lilburne, Adrian
Scroop, John Carew, John Jones, Thomas Scot, Gregory Clement, John Cook,
George Fleetwood, Simon Meyn, James Temple, Peter Temple, Thomas Wait,
Hugh Peters, Francis Hacker, Daniel Axtell, William Hulet, Henry Smith,
Edmund Harvey, John Downes, Vincent Potter, and Augustin Garland. They
were all convicted. Of these there were executed--Thomas Harrison, John
Carew, John Cook, Thomas Scot, Hugh Peters, Gregory Clement, John Jones,
Daniel Axtell, Francis Hacker, Adrian Scroop.
[36] Thomas Harrison (1606-1660) was born in Staffordshire of lowly
origin. He is said to have enlisted in Essex's Life Guard, which was the
corps used for the purpose of training officers for the Parliamentary
Army, in 1642. In 1644 he was serving in Fleetwood's regiment in
Manchester's army. He was present at the battles of Marston Moor and
Naseby, and at the captures of Winchester, Basing House, and Oxford. He
entered Parliament in 1646, and represented the Army in their quarrels
with Parliament. He served with distinction in the second civil war, and
was zealous in bringing the King to trial and condemning him to death.
He conducted the pursuit of the Royalists after the battle of Worcester,
and, continuing to represent the extreme military party, was a party to
Pride's Purge. He was a prominent member of the Barebones Parliament,
but after its extinction ceased to exercise any political influence. He
refused to recognise the government in 1653, and was deprived of his
commission. He was afterwards imprisoned on various occasions on
suspicion of a connection with Anabaptist and other plots; but at the
Restoration refused to pledge himself not to disturb the government or
to save himself by flight. The Fifth-Monarchy men professed to look
forward to his resurrection to judge his judges and to restore the
Kingdom of Saints.
[37] Sir James Livingstone was descended from the Livingstones of
Callendar. He became a Gentleman of the Bedchamber to Charles, and was
made Viscount of Newburgh in 1647. The King was to have escaped from his
house at Bagshot on the occasion referred to above, on one of his
horses, reputed to be the fastest in England, but owing to the horse
falling lame, and the strictness of the watch kept on the King, the
scheme failed. After the King's execution he fled to the Hague, but
returned to Scotland in 1650. He accompanied Charles II. to England in
1651, and after the battle of Worcester fled to France. At the
Restoration he was made Captain of the Guard and an earl. In 1666 he,
with others, received a licence to dig coal in Windsor Forest. He died
in 1670.
[38] The Court included Albemarle, Manchester, and Denzil Hollis.
[39] Hugh Peters (1598-1660) graduated at Trinity College, Cambridge, in
1617-18. He was ordained in London, and at once made his mark as a
preacher, but being suspected of heresy, went to Holland about 1629.
There he inclined to Independency, and through the pressure put on the
Dutch by the English government, found it advisable to sail for Boston,
where he arrived in October 1635. There he took a prominent part in
local affairs, upholding clerical influence against Vane. In 1641 Peters
came to England to ask for assistance for the colony, and became
Chaplain to the Forces in Ireland. Returning to England, he became
famous as a military preacher, preaching exhortatory sermons before
assaults on fortified places, and attracting adherents to the
Parliamentary forces. He also acted as the confidential agent of Fairfax
and Cromwell in dealing with their troops, and chronicled their
victories. He was regarded with great aversion by the Presbyterians, and
by the numerous persons of other sects to whom buffoonery in the pulpit
was distasteful. He upheld the Army against the Parliament, and was
credited with a share in drawing up the Army Remonstrance in 1648. He
was in Ireland in 1649, and was present at the taking of Wexford. He
afterwards continued to occupy an influential position in politics, and
indulged in many unpolitical schemes, particularly the reformation of
the law, of which he knew but little, and the improvement of religious
teaching, both at home and in America. He maintained his influential
position till the Restoration.
[40] In 1648-49, after the taking of Colchester in 1648.
[41] It seems now to be considered fairly certain that Richard Brandon
was the man who actually cut off the King's head. He died the next June,
after having executed Lord Capel and his companions in the rising which
terminated in the siege of Colchester. It is the more curious that Hulet
should have been tried for the offence, because Brandon certainly
incurred the odium attaching to the act at the time of his death; and it
seems that the fact was mentioned on an inscription on his grave. As
far, however, as the evidence given at the trial is concerned, it seems
possible that Hulet was the second masked figure on the scaffold. All
that is known on the subject is set out in the _Dictionary of National
Biography_, under the title 'Brandon.' See too a note by Mr. . G.
Stephens in _Notes and Queries_, 5th series, vol. v. p. 177.
COLONEL TURNER AND OTHERS
The trial of Col. James Turner, John Turner, William Turner, Mary
Turner, and Ely Turner, at the Old Bailey, for Burglary, 1664.
The foregoing persons were all indicted together, the first three for
committing burglary on the 7th of January 1664 at the house of Francis
Tryon, and stealing a quantity of jewellery, some gold, and £1023 in
cash; Mary, who was the wife of James, and Ely for receiving and
comforting John the next day.
They were tried before Lord Chief-Justice Hyde[42] of the King's Bench,
and Lord Chief-Justice Bridgman[43] of the Common Pleas.
All the prisoners pleaded Not Guilty.
_Turner_ then complained that Sir Richard Ford, the sheriff, was in
possession of his house and goods. Bridgman, Chief-Justice, explained
that, though once it had been the sheriff's duty to take process against
the goods of an indicted man, this was done no longer since the statute
of Philip and Mary;[44] but as their responsibility continued
unaltered, they ought to have good security. Eventually it was settled
that the sheriff should let Turner have what he wanted for the night,
and bring what papers he wanted into Court the next day.
The next day a jury was sworn, and Sir Thomas Aleyn was called.
LORD CHIEF-JUSTICE HYDE--Pray, Sir Thomas Aleyn, tell your
knowledge to the jury.
SIR T. ALEYN--May it please your lordships, and you gentlemen of
the jury; Upon Friday morning last was sevennight, I heard of
this robbery at Guild-Hall, and the person robbed being my
acquaintance, I went to visit him in the afternoon; and coming
there, not thinking but the business had been already examined,
several persons with Mr. Francis Tryon put me upon the business
to examine it. I went and examined the two servants, the man and
the maid: upon their examination I found they had supped abroad
at a dancing-school, and had been at cards, and came home
afterwards; but before they came home, they heard that an
ancient gentleman, one Mr. Tryon, was robbed, and then they
hastened home. I examined them further, whether they used to go
abroad after their master was in bed? The man confessed he had
been abroad twenty or thirty times at col. Turner's house at
supper, about a year since. The maid denied they had been there
at all: but it is true the man's saying he supped there
(although it was false) was the first occasion of suspicion of
col. Turner.
When I had examined these two, I went to the examination of
Turner, Where he was all that day, where at night? he told me,
at several places and taverns, and in bed at nine of the clock,
and was called out of his bed: but having myself some suspicion
of him, I wished him to withdraw. I told Mr. Tryon, that I
believed if he was not the thief, he knew where the things were.
The old gentleman said, He could not mistrust him, he had put a
great confidence in him: but I desired him to give me leave to
charge him with it; and thereupon I called him in, but he denied
it; but not as a person of his spirit, which gave me some cause
of further suspicion. I desired to search his house; nay told
him I would, whether he would or no. He desired to go home; I
told him, if he would go with them (some persons there) he
should: but you shall not speak with your sons or daughters, or
servants; they shall be examined by me. They searched his house,
the marshal and constable, they said they could find nothing.
The old gentleman was very unwilling to charge him with felony;
some friends there were as well satisfied as I was, that he was
guilty of it; and they brought me a paper that he would charge
him: and thereupon I wished him to read that paper, told him I
could do no less than send him to Newgate. Says he, you will not
undo a family will you? Will you not take bail? No I cannot.
What proof have you material against me? I will give you as
good bail as any man; give me leave to speak with Mr. Tryon. I
did give him leave: he had no sooner spoke with him, but Mr.
Tryon would not charge him, he promising to endeavour to find
the thief. I took Mr. Turner on one side, and told him, I did as
verily believe if he was not the thief, he could find him out,
as I believed I should go home to my wife and children; and I
said, That if an angel from Heaven should come, and tell me
otherwise, I could hardly believe it. This passed on this night:
I could not sleep all the night, still it was in my thoughts
that this man was the man that had done the robbery.
The next morning Alderman Love told him that if he went presently to the
Minories, he would meet with Love's maid, who would help him to discover
the person who robbed Tryon; accordingly, taking Major Tasker, whom he
met in Bishopsgate, with him, he went without Aldgate, where
I met with two maids that were the persons to shew me the place:
the maid told me these were the maids. I bid them come behind
me. At the further end of all the Minories I went into the shop,
and found col. Turner with his hands in a chest: I charged him
to take nothing out, and not to stir himself. There were two
wallets, one of £100 and the other £200. I took the keys from
him, laid them upon the compter: I went with him into the next
room, which was the kitchen, and in another chest was two
wallets more: and now the gentleman was speechless. I told him
it was just as I told him the last night, that your roguery
would come out; what (said I) is become of the rest of the
money? Says he, Your haste will spoil all. I called in the maid,
to examine her: but she was fearful, and so trembled there was
no examining her before col. Turner. But in conclusion, said I,
Col. Turner, if you will tell me whether this be Mr. Tryon's
money, I will do you all the favour I can. Says he, I cannot say
it is his money. I called for a constable, and made a Mittimus
to send him to Newgate, thinking he would discover the truth.
Said I, Will you give me your examination? He did: It is in
court. I asked him whence this money came? He told me it was
removed by himself, his wife and children this morning.
TURNER--My son and I, I told you.
SIR T. ALEYN--I asked him where he had received it? He told me
at a goldsmith's 14 days since: He did not remember his name. I
asked why he should remove his own money? His answer was, He did
remove it for two or three days, till this foolery was over.
When I saw I could get nothing further from him, I discoursed
with him touching the remainder of the money and the jewels.
Says he, Sir Thomas, do not trouble yourself, you will lose the
jewels and the rest of the money by this course; and, says he, I
am now in pursuit of them. If you will give me leave to go to
the old gentleman, I know all will be well. I was not content to
let him go: But presently we called a hackney-coach, and myself
and him, and major Tasker went, and carried that money to Mr.
Tryon. When we came there, I told Mr. Tryon I thought we had
brought £500 of his money; and I did not doubt but I had brought
a person that could tell of the rest of the money and jewels.
Col. Turner desired to speak with Mr. Tryon himself in private.
I gave him leave. He calls me a little after: Sir, says he, Mr.
Tryon and I am agreed; I must have this money delivered to me
again; I have assured him he shall have all his money and jewels
again by 3 this afternoon. I told him I could not agree that he
should have the money back again, pressed him that he would stay
there, and send for the rest of the money and jewels. But he
[_i.e._ Mr. Tryon] would (if I did not) trust him: Mr. Tryon
would have the rest of his money and all his jewels again.
TURNER--I said, I would endeavour it.
SIR T. ALEYN--If he had said he would have endeavoured it, I
would not have parted with him; but he said he should have the
money and jewels, etc.; I told him I would meet him at that time
at Mr. Tryon's. Then I took Mr. Tryon, and said Whatever promise
you have made in private, you must excuse my assenting to
anything against the law: But do not tell him of it, lest you
lose the jewels: I must commit him to Newgate, and I must bind
you to prosecute him. He desired me if I would not come so early
as 3, not till 4 or 5 of the clock, and all would be brought
thither. I staid till about 4. In the interim, I heard some
particulars, what these maids would testify; which testimony had
I received before I had parted with him, I would not have parted
with him for any consideration. But when I came thither in the
afternoon, I heard col. Turner was arrested, and was then at the
Hoop-tavern with the officers. I sent immediately the Marshal
and his men to bring him to me. The officers and he came; and
then col. Turner told me, I had brought all these things, but
the officers prevented me; I was a very unfortunate man: Give
me leave but till to-morrow morning at 9, and you shall have
all. Said I, I have now heard more; and you must produce the
money and jewels if you expect any favour from me, or I know
what to do. He pressed very hard for an hour, or almost two,
that he might be trusted to go for them; if he did not go Mr.
Tryon would lose the rest of his money and jewels. I told him I
had rather they should be all lost, than I should forfeit my
discretion and reputation. And thus he kept us till 7 or 8 at
night. At last he would have gone with one person. I told him,
no: If there were enough to secure you, I might give leave.
Saith he, the party will not see more than one; for his life
would be in danger. Whither would you go? I would go, saith he
(to my best remembrance) to Tower-Hill or Whitechapel. I should
have met him at 5; and now I must meet him about 9. I will call
in the officers: They will tell you, your being upon a Judgment,
they will not part with you without the Liberties: Nor will I
give leave, because the Sheriffs will blame me. The officers
said they could not go without the Liberties, for it would be an
escape in law. Pray give me leave to go near those places, and I
will send. Nay, then you may as well send from hence. He begged
leave to go to the Hoop-tavern, and send for his wife; which I
did grant. And there he did send for his wife. They brought me
word he had sent his wife for the jewels and the rest of the
monies. He sent to me not to think the time too long, for he had
notice his wife was coming. I directed the Marshal, when his
wife came, he would secure her. About 11 they brought his wife;
who told me also she had delivered the jewels: they thought they
were in two bags. Then he came to me, and desired to speak with
Mr. Tryon in private, and told me Mr. Tryon's soul was pawned to
him, and his to the thief, that no discovery should be made. But
when I examined his wife what money went from her house that
morning, she said she knew of none. Where had you the jewels?
She knew of none: But she had a couple of bags that she was sent
for: Near Whitechapel or the Tower a person should meet her, and
ask what she did there, and she should say she walked up and
down for something that should be given her by a person; which,
if he did, she was to bring it to him that sent her. He did
deliver the two bags, which she delivered to her husband; but
what was in them she knew not. There was sir Thomas Chamberlane,
Mr. Millington, myself and col. Turner, with Mr. Tryon. The two
bags was laid upon a dresser. He told us they were now come; and
having performed his part, he hoped Mr. Tryon would perform his.
Have you performed your part? Have you brought the jewels and
the remainder of the money? He told us the money was not
brought: For the £600 I shall give Mr. Tryon my bond, to pay him
at six months. We pressed to see the jewels: We run them all
over. But I should have told you one thing: She brought a
cat's-head-eye-ring upon her finger. This the gentleman was like
to forget: He delivered it to me, to deliver that with the rest.
When we had told out the jewels we crossed them out upon the
printed paper as they were called. She said all that was in the
paper, except one carcanet of diamonds and jewels, valued at
£200 that is fallen behind the chest or aside. You have £2000
worth of jewels over what is in the paper; but the carcanet
shall be forthcoming. He now pressed that no prosecution might
be, for two souls were pawned (as I said before) and desired an
end of the business. I told him further and pressed him: Said I,
I have staid a great while, and would stay longer, if he might
have the £600 and the carcanet. But when I saw there was nothing
more to be got from him, now (said I) what would you have this
poor gentleman to do for you? What he hath promised you I know
not; he is a stranger to the law: If there had been but you two
had it, and it had not been published to the world, and the
neighbours' public examination taken, somewhat might have been
between ourselves. But would you have this gentleman bring
himself into danger? He will lose all his goods again; for he
will be indicted himself. What will he be the better for
discovery, when he must lose his jewels and money, and be liable
to a prosecution, as you will be, were he so ignorant? Do you
think that I understand the law no better, being a justice of
peace, to bring myself into danger? All the kindness I can do
for you is (to be short), I must send you and your wife to
Newgate. 'How say you, master Alderman?' Then I had better to
have kept the jewels. Those were his words; to the best of my
remembrance he said so. My lord, I asked him several questions:
Why he should give a bond for £600, if he were not concerned in
this business? But he knew not what to answer. Saith he, Will
you not take bail? Said I, I can take no bail: I must send you
to the common gaol, and then I am discharged. Pray send me to
the Compter. No I cannot. Do you think I would make an escape? I
cannot tell; but I would not bring myself into danger. He prayed
me I would give him leave to go home. I must make my warrant: If
the marshal and constable will do anything, I shall not direct
them. He desired his wife might go and fetch some linen.
LORD CHIEF-JUSTICE BRIDGMAN--What day were the jewels delivered?
SIR T. ALEYN--Saturday.
LORD CHIEF-JUSTICE BRIDGMAN--Thursday was the robbery, Friday he
was examined, Saturday the money was removed, and that night the
jewels were brought and he committed.
SIR T. ALEYN--If I have said any thing that he is not satisfied
wherein I have not true spoken, let him ask me; I shall not do
him the least wrong.
LORD CHIEF-JUSTICE HYDE--Do so, Mr. Turner.
TURNER--Do your honours understand of Sir Thomas the time the
robbery was committed? I shall ask him some questions.
SIR T. ALEYN--I have only one more word to say to you: That
before he went to the Hoop-tavern, Nay, said I, col. Turner, be
ingenuous whether this was not Mr. Tryon's money that he
removed? And he confessed it was.
LORD CHIEF-JUSTICE HYDE--The money was removed from his own
house.
SIR T. ALEYN--Yes; but his wife, children, and maid denied it.
LORD CHIEF-JUSTICE HYDE--Mr. Turner, will you ask him any
questions? What are they?
TURNER--I would ask all this back again: You are upon your oath,
Mr. Alderman.
LORD CHIEF-JUSTICE HYDE--You need not tell him that he is sworn;
the court and jury understand it so.
LORD CHIEF-JUSTICE BRIDGMAN--Go on, Mr. Turner; ask your
questions.
TURNER--My Lord, I demand of sir Thomas Aleyn whether I did not
tell him at the first there was a wicked young man had belied my
house and family, saying, that he supped there that night, when
he had not supped at my house these 12 months.
SIR T. ALEYN--I think I have done him that right already. He
desired me to examine that young man, who said he had supped at
col. Turner's; but I found he had not been, nor was not there.
TURNER--Upon Friday night, when the alderman pressed me
concerning the thing, I told him I had some suspicion of some
persons, who formerly should have robbed Mr. Tryon a year ago,
and I employed Mosely the constable and Mr. Tryon's man to go to
Ratcliff, and I went another way. Pray ask sir Thomas whether I
did not promise to do all I could.
SIR T. ALEYN--I pressed him hard; he said he would endeavour it
TURNER--Whether did not I tell him that that money was carried
there on purpose to gain the other fellows that had the jewels?
Said I, If this money be taken away, he that hath the jewels
will not bring them, and the remainder of the money; but that
this money must bring him to it, that they might share it.
SIR T. ALEYN--There was not one word of this: his Examination
was contrary. He told me £400 was received of a goldsmith, he
knew not his name, and £200 was in his own house; and that he
removed it for two or three days, till this foolery was over. He
said it was his own money. I said, an honest man need not thus
remove his own money. One thing I have omitted: when I was
examining of him in the Minories, word was brought me his son
was fled away at the back door. I bid them run after him; but
they said they saw him leap over a great ditch, he was not heard
of till yesterday, though I sent out my warrants for him.
LORD CHIEF-JUSTICE HYDE--Yourself (as sir T. Aleyn swears) said
you knew not of whom you had part of the money, but the other
was your own, and yet afterwards that the money was Tryon's; why
did you say so?
TURNER--I will tell you the reason; I would not have my business
spoiled, and did feign those answers. My lord, I do demand of
him whether Mr. Tryon and I had not made a bargain in the
morning, whether or no if he might have his goods the person
should be free, and that he agreed no blood should be spilt;
that he had rather lose all his money and jewels, than to
forfeit such an asseveration which the thief had bound me that I
should swear to him, That by the blood of Jesus Christ that was
shed for him and all sinners, his life should be free.
LORD CHIEF-JUSTICE HYDE--You are beside the business.
TURNER--My lord, I ask alderman Aleyn whether I did not tell him
this?
SIR T. ALEYN--I told your lordships two souls were pawned, as he
said before.
LORD CHIEF-JUSTICE HYDE--Do not spend your time thus; the
question's short, Whether you are guilty of robbing, or breaking
the house of Mr. Tryon or no?
TURNER--I am as free as any man here.
LORD CHIEF-JUSTICE HYDE--They will not believe your own words.
Mr. Tryon, pray (as you are able) give an account of this
business.
TRYON--My Lord, about 11 of the clock, or something past, upon
Thursday night last was a sevennight, two men came into my
chamber when I was fast asleep, one on the one side, and another
on the other side of the bed: one had a lanthorn that opened on
one side, and waked me: when I saw him I was much astonished (as
I might well be); but as I knew them not, I said, My masters,
who are you? I was newly out of my sleep; being an ancient man,
I apprehended another man for the party I spoke to, but he was
not the man; and I named him by his name, What do you do here at
this time of night? What is your business? Said nothing to me;
one took both my hands, the other with a little cord bound me
very hard, insomuch here yet is the dents of it; and bound my
feet; gagged me, and used me barbarously, most inhumanly; I must
suffer it, because I could not tell how to avoid it. When they
had done, then told me this withal, You shall not lose a hair of
your head. I knew not their intentions, I feared what it was,
for when they had done this, they left me; I had nobody could
come to me in my house, my servants, I knew not upon what
grounds, they were forth at supper when I was a-bed, which was
of ill consequence. After I had been an hour in this manner I
rolled myself out of my bed, and fell down; and saving your
lordships' presence, a chamber-pot fell, broke, and I fell upon
it, and very much hurt myself upon the pieces of the pot: and so
with much ado, it pleased God, I know not how myself, I got to
the chamber-window which lay to the street; I called out,
Murder! and Thieves! My neighbours said, I called with so strong
a voice they wondered to hear me. Quickly after, many of my
neighbours came in, and one Mr. Peter Vanden-Anchor, a
Dutchman, that selleth Rhenish wine, he came in and unbound me;
and so after I was unbound I went down to the warehouse as I
was, without clothes about me, only my waistcoat and shirt, and
saw that they had been there. I considered those that had done
the thing, were very privy to my house; they knew where to fetch
the key of my cash, in a drawing-box, taking the money there,
which was about one thousand and odd pounds; some plate there
was, they did not meddle with it.
LORD CHIEF-JUSTICE HYDE--How came they by the jewels?
TRYON--I forgot something concerning some jewels; these jewels
were in a drawer under my table in the compting-house, he was
privy to that, because he did frequent my house very long and
was very familiar.
LORD CHIEF-JUSTICE HYDE--Who was privy to all this?
TRYON--James Turner.
LORD CHIEF-JUSTICE HYDE--Mr. Turner, would you ask Mr. Tryon any
questions?
TURNER--By and by, when I come upon my proof.
_William Hill_, Mr. Tryon's man, was sworn, and stated that he had
locked up the house at eight o'clock, when the jewels were safe, and Mr.
Tryon was in bed. When he came home he found the money and the most
valuable of the jewels gone. On Saturday Turner was arrested and sent
for the witness, who went to him with two friends, Gurney and
Pilkington. Turner asked him to persuade his master to procure his
discharge so that he might go about his business, or it would be
ruined. 'Proceeding into some discourse, I was saying to him it was a
great providence that I and the maid was not then at home, for if we
had, we should have been killed. He answered, saith he, No, they would
only have bound you and the maid. I asked him, how it was possible to
get in? He answered, one went through the entry in the daytime, and
there lay till night, went upstairs, found a candle, lit it, went up to
his chamber, took the key and went down and let in the others.' Turner
had talked to him about Tryon's will; he said it was a pity he did not
make one; Tryon had told him he had made one, but he knew he had not
done so. 'He told me of one that could counterfeit a hand.'
BRIDGMAN, LORD CHIEF-JUSTICE--Was it not Grainger?
HILL--Yes, my Lord; that that man could counterfeit a will, and
I and Mr. Garret and another good fellow should be the three
executors and a third person overseer, and that would please the
old man. I answered I would not have to do in such an unjust
thing for all the world.
He had been to supper that night at Starkey's, with the maid. He got to
the house after the robbery had been discovered, and found the
neighbours in the house when he arrived there.
TURNER--This thing touching the will has another face; his uncle
was an acquaintance of Mr. Grainger, his uncle that bound him
an apprentice, that lived in Cripplegate, now in Cornhill. This
Grainger had counterfeited a will touching my Lord Gerrard and
some one else, about an estate. Said I to this young man, You
have an uncle acquainted with a notable fellow, one Grainger,
and your master making no will, speaking merrily, this fellow is
able to make it for him. Ask him if I did not tell him his uncle
was acquainted with such a person.
HILL--You told me so indeed.
BRIDGMAN, LORD CHIEF-JUSTICE--Hill, by your oath you have taken,
did he not persuade you to endeavour that you and he and
Grainger should counterfeit a will?
HILL--He did, my lord, I answered that I would not meddle with
it for all the world.
TURNER--Go, go, go, this is malice; for it was mere jesting with
him.
_Elizabeth Fry_ proved that Mrs. Turner came to her house at six in the
morning, and said that 'a friend of hers, a merchant, newly broke, had a
wife, and seven or eight children; they desired to secure the money'
(which Mrs. Turner brought) 'till they had taken their oaths the money
was not in their house.' She said her husband and her son Ely were
coming with it. The witness allowed her to put wallets containing money,
she did not know how much, into her chest. Mrs. Turner said her husband
was coming with more, and when he came he offered her twenty shillings
for her kindness; they both asked her to conceal the money because the
discovery of it would ruin the poor gentleman and his children. She did
not see the bags sealed; there were three wallets, one was put into a
chest in the shop, and two in the kitchen. There was a discourse of
£1100. There were five wallets brought into the house; three in the
shop, and two in the kitchen.
SIR T. ALEYN--You hear what the wench says, she says there was
five wallets, three in the shop, two in the kitchen; I took two
in the shop, and only one in the kitchen.
TURNER--Pray, my lord, ask her which is Ely.
FRY--That is [pointing to Ely].
TURNER--It was false; this Ely carried none; both my sons are
dear to me, and if either carried more than the other it must be
my eldest; and yet I must say, it was John, my eldest son that
carried the money, this boy was at home; she hath foresworn
herself.
_Gurnet_ met Turner on the Exchange the Saturday after the robbery;
Turner told him that he was going to make a discovery and clear himself;
he had brought £500 and was going to bring the rest of the money and
jewels at three o'clock.
_Major Ralph Tasker_ corroborated Sir T. Aleyn's account of seizing the
money in the Minories:
then I saw a fellow play bo-peep in a back-room, and presently
was a noise, he was gone and fled; his son they said it was.
Sir T. Aleyn pressed very hard to Mr. Turner, and desired to
know whose money that was. Says Turner, By the eternal God, it
is my own money, with many other protestations of his innocence.
A constable was sent for, and we carried the money and Turner in
a hackney coach to Mr. Tryon, and there left the money on a
table with Mr. Tryon. They had some discourse; Turner came forth
and said, The old gentleman and I are agreed, I will trust the
money no longer with you, but with the old gentleman himself.
Said I, let me be discharged of it, do what you will with it.
BRIDGMAN--Did you see the bags out of the wallet?
SIR T. ALEYN--We saw one which was sealed, I think, with the
bishop of Chichester's seal.
_Ann Ball_ proved that Mr. and Mrs. Turner had left some money at her
house with the maid. The maid went to her sister and acquainted her with
it. In this way the knowledge of the money came to Sir T. Aleyn.
_Frederick Ixam_ was present when the bags were taken out of the wallets
at Mr. Tryon's house: three of them had no seals; one had a seal very
much defaced; one had a seal which was the same as that on a letter from
the bishop of Chichester produced by Mr. Tryon. The bags were in court.
_Hanson_ and _Mr. Tryon_ proved the agreement of the seals, and the
bishop of Chichester's letter, which was produced.
_Cole_, a serjeant, and his brother, a yeoman, proved that they arrested
Turner in a civil suit about three o'clock on Saturday afternoon. Soon
after the constable came and charged them to assist in taking him before
Sir T. Aleyn.
By and by I was saying, Col. Turner, how could this house be
robbed, and none of the doors broke? O, said he, I took a man in
the Minories, who has discovered it to me; he told me that one
going into the cellar in the daytime lay there till night, then
went upstairs, found a candle and lit it, took the key from his
bedside, and went down and let all of the rest of the thieves
in. The young man being there, said, It was well the maid and I
was not at home, we should have been killed. No, says he, you
would not have been killed, only bound.
TURNER--As the fellow told me.
HYDE, LORD CHIEF-JUSTICE--Did he say nothing touching Mr.
Tryon's tooth?
COLE--He said, that the fellow putting his finger in his mouth
to gag him, the old gentleman bit him; and in struggling to get
out his finger, pulled out his tooth.
LORD CHIEF-JUSTICE HYDE--You are very perfect at it, Mr. Turner,
every way.
TURNER--Ay, my lord, I examined him every way.
_Peter Vanden-Anchor_ and _Chaplain_ were the first people who entered
the house after the robbery, and described the state in which they found
it, and how they unbound Mr. Tryon. The latter examined the servants as
to their movements; Hill, the manservant, said that he and the maid had
been at supper with Turner; but the maid said she had been at the house
of one Chamberlin, a goldsmith.
_Christmas_ described how he had been arrested at two in the morning,
but had been discharged the next day.
_Millington_ was at Mr. Tryon's house on Saturday evening, and finding
Turner in custody, there was asked by him to intercede, in order that he
might have his liberty to go about the jewels. Afterwards Turner, at his
own house, sent his wife to Whitechapel or Tower-hill, where she would
meet a man who would give her something. The wife brought the jewels to
the Hoop Tavern, and from there they were taken to Mr. Tryon's, where
they were examined, and none were found missing except a carcanet jewel.
_Mannock_ had been told by Turner in Newgate that he was to have £500
for recovering the jewels and the money; he had recovered £500 and most
of the jewels; if Sir Thomas had not secured him, he would now have them
all; 'but Newgate was not the place to find them out.'
_Sir T. Chamberlain_ was sworn and said, that hearing on Friday morning
that Mr. Tryon had been robbed, he went to his house about three in the
afternoon.
I found a great many people about him; sir T. Aleyn, lady
Garret, and the countess of Carlisle was there. I told him, Mr.
Tryon, I understand you have been robbed. Yes, says he, I have a
great loss. I found him very staggering what he should do. I
said, you must do like a man, or you will lose all: said I to
sir T. Aleyn, if you do not help the poor man, being ancient, he
will quite lose all. With that I went up above in the house, sir
T. Aleyn was pleased to call me along with him, I was by at all
the examinations; I did mistrust, and told Mr. Tryon in French,
that no doubt but that gentleman was in the robbery: the reason
was, that he being a frequent man in the house, knew everything:
he was there continually, coming for jewels and things, and no
man could do it but himself: that was my judgment, I told sir T.
Aleyn assuredly he had a hand in it. My lord, the while we were
examining the servants, word was brought in, that he was
hearkening at the door, and in the yards, which made me more and
more mistrust him. We heard that the maid had been gadding
abroad several times: I desired sir T. Aleyn to examine the maid
how often she had supped at Turner's, she denied any time. The
young man was examined, who said, they had been thirty or forty
times feasted at col. Turner's. My lord, sir T. Aleyn has given
you a just account, but he omitted one thing; he had a note sent
him, which he had in his pocket, touching Mr. Turner's going
about removal of the money into the Minories; and before Turner
came in, he examined Mrs. Turner upon that note: says he, you
were there too, and carried the money. Says she, she [_i.e._
Mrs. Fry] is a liar and a whore for saying so. Col. Turner came
in and said, why do you torment and vex my wife; and falling a
cursing, and swearing and banning, said she was with child, you
will make her miscarry, let her alone. Sir T. Aleyn examined him
where he had been that day, and that night; he told me of many
taverns, and going to see his horse, and I know not what, but we
found him faltering. When the jewels were brought, there being
two notes, sir T. Aleyn had one, and I another. The old
gentleman was so joyful to see them again, that lying by him,
and handling them, he pulled two or three down with his sleeve.
Says Mr. Turner, come, I know what belongs to them better than
any of you, and read them over, and I will shew them you. There
wanting one jewel, says he, that rogue that has the other money
hath this jewel, but I do not doubt but I shall find that out
too. We put them all together, and sir T. Aleyn sealed them with
his seal. For the bags of money, I saw them taken out, and one
being sealed with a small seal, I put on both my spectacles, I
found a lion rampant at top in one of the quarters; said I, this
is a seal of some great person; and then a letter was brought
down, and being compared, I was satisfied in my conscience they
were alike. Sir T. Aleyn told me he must make a mittimus for him
and his wife: said she, Do you send me of your errands? you
shall send somebody else another time: I thought it would come
to this. After much ranting and swearing (I thought the devil
would have fetched him out of the room) he said, that he had
better have kept the jewels, than to bring them forth, and to
suffer for it himself, for he had pawned his soul, and would not
reveal it; and said, that Mr. Tryon had likewise engaged the
like to him. For the £600 he offered his bond.
_Hill_ recalled, said that Turner had been employed by Tryon about some
mortgages; but he knew of no particulars.
SIR T. ALEYN--My lord, John Turner his son there, fled away from
me when I came to the house in the Minories.
BRIDGMAN, LORD CHIEF-JUSTICE--Why did you fly away?
JOHN TURNER--I did not, sir.
SIR T. ALEYN--You did not fly! You ran away as fast as you
could.
JOHN TURNER--My lord, a woman cried out 'Get away, and save your
life!' and not knowing what the matter was, I went away.
COL. TURNER--Poor boy! he thought thieves had been coming, and
affrighted him.
SIR T. ALEYN--As to Ely Turner, I examined him upon the Sunday,
the day after his father was committed; he would not confess the
carrying of any money, and the maid swearing it, I committed him
also.
COL. TURNER--What's that of Ely? upon my soul, the boy carried
none.
JOHN TURNER--I carried what was carried.
COL. TURNER--My Lord, one son is as dear to me as the other, but
if either be more, it must be my eldest; but yet I must say, it
was John my eldest son that carried the money.
SIR T. ALEYN--My Lord, W. Turner was brought before me on
Tuesday or Wednesday: sir R. Brown sent out his warrant for him,
being a person of evil name, and likely to do such a fact; being
taken, he was brought before me. My Lord, when Mr. Tryon looked
upon him, he suspected him: I examined him when he saw Col.
Turner; he said not these three years, not to speak to him; and
yet one at the Cock behind the Exchange said, this W. Turner
staid for Col. Turner at his house two hours, that Col. Turner
came in, paid for the pot of drink, and for ought he knew they
both went together: thereupon I committed him. In the afternoon
I ordered this person to send his servant; one came and made
oath that he came in, and enquired for Col. Turner, asked for
him, staid two hours for him; that they went both out of the
house together: and this was on the Wednesday before the
robbery.
_William Dawes_ and _John Rouse_, his servant, corroborated what Sir T.
Aleyn said as to William Turner.
_Garret_, _Watcher_, and _Culley_ were called to prove that Turner had
said that the money he took to Tryon's house was his own money, and that
he was going to recover the jewels; 'if any man could say that he lost
sixpence of his money, or six-penny worth of his jewels, he had two
fellows in custody should answer for it.'
_Pilkington_ corroborated what other witnesses had said as to the
account Turner gave of the way in which the robbery was committed.
_Tryon_ was recalled to identify William Turner as one of the two men
whom he saw in his room, and as being the man who knocked out his tooth.
The men were barefaced; one said to the other that it was only just past
eleven o'clock.
_Hyde, Lord Chief-Justice_, then called on the prisoners to make their
defence. He shortly recapitulated the case against them. William Turner
and his father Col. Turner had met on the day before the robbery; the
robbery must have been committed by some one who knew where the money
and jewels were locked up, and Col. Turner had this knowledge. Early on
the morning after the robbery Col. Turner, his wife and his son, moved a
quantity of money out of their house, and asked a neighbour to take
charge of it, falsely alleging that it belonged to a merchant who wanted
to hide it. Afterwards they admitted that it was their own, but it
appears that one of the bags in which it was, was sealed with the seal
of the bishop of Chichester; and at the time of the burglary there was
£600 in bags left with Mr. Tryon sealed with the same seal. William
Turner, on people coming to his father's house, 'takes footing and leaps
over the ditch to escape, which is a good just ground of suspicion that
he is guilty of somewhat that he would not abide to answer.' Col. Turner
and his wife show an exact knowledge of the way in which the crime was
committed; 'Lay all this together, unless you shall answer it, all the
world must conclude that you are the one that did this robbery.'
TURNER--I shall first prove that upon Thursday night, the time
of that supposed burglary, that myself, my wife, and all my
family, were in bed, fast asleep and innocent, not knowing
anything of this business. This I shall prove, if not, let me
hang and all my family.
BRIDGMAN, LORD CHIEF-JUSTICE--All this may be true, and yet this
not to the purpose.
TURNER--Then I cannot be guilty of the burglary.
BRIDGMAN, LORD CHIEF-JUSTICE--If you will lay and plot such a
robbery, though you are not there, yet you are guilty of it; for
it is ordinary that the main setter will not be present at such
times, but will then be in bed, that people may take notice
thereof. But satisfy the court by what means you came by this
money and jewels, and then call your witnesses.
_Turner_ in his defence said that his name was first mentioned by the
man Hill, the manservant, who, when he came home late after the robbery,
said that he and the maid had been at supper at his house, which was
false. The fact was that the first he heard of the burglary was when the
constable came to him and found him and all his family in bed. On being
informed of what had taken place, he at once went to Tryon's house, and
discussed the matter with him. Tryon suspected Christmas of being one of
the men he had seen in his room, and he was fetched by a constable and
afterwards sent to the Compter. Turner had prevented a robbery at the
same place a year since, and he set to work to see if he could not
recover the stolen property by the same means that he had used on that
occasion. He remembered one John Wild, and he went to look for him
'beyond the little postern between the two Tower Hills, near the Tower
ditch.' On Friday night when he got to the house where he had found the
persons he wanted the year before, he 'passed a fellow in black, in a
large coat, such another man as this (pointing at one that stood by); he
was in a black loose coat, and he was trimmed with ribband at his knee.'
Thinking he must be one of the men he was in search of, either Wild or
White, he seized him, and charged him with the burglary.
Said I, Mr. Tryon's house was robbed, and you are the person
that I will lay flat felony to; you should have been one of them
that were to rob him a year since, when Col. Ashton betrayed you
all. He began with some hard oaths; be quiet, said I, I will
call out; you are an undone man; I will lay this felony to you.
I shifted my hold from his collar to the waistband of his
breeches; I thought I had him more secure. Said I, Wild, do not
deceive yourself, play not the fool; if you will save your life,
let me see where those goods and monies are, else you will go to
pot. We walked to the hill. I had fast hold of his breeches all
this while; and yet I was afraid he might have some dagger, and
stab me; Said I, be brief, you are alone, either resolve me or I
will call out.
Thereupon Wild, having bound Turner by an oath that his life should be
safe if he discovered the thing, whistled thrice, and so called White,
to whom he explained the situation, and sent him for the money. White
went off and brought back £500 in two journeys, Turner holding Wild by
his breeches all the time. This lasted four hours,[45] from midnight
till four, during which time Wild gave Turner the account of how the
burglary was committed, which he afterwards explained to the witnesses.
When the £500 was all brought, Wild and White carried it to Turner's
house, and threw it down on the floor of his parlour, promising to bring
the rest of the money and the jewels the next day. White then objected
that the men who had them would not come into the city, and it was
arranged that they should bring them to Betty Fry's house in the
Minories, an appointment being made to meet at the Blue Boar on the
afternoon of the same day. Turner, his wife, and his son John (not Ely
as Fry had sworn) took the five bags to Fry's house, and later on Turner
went to Tryon's house, where he met Gurney ('Jesus! what a noise is here
in the court. My Lord, I can hear but with one ear'), and told him that
he would recover all his money except a few shillings. Tryon was
delighted, promised him £500, and swore not to betray Wild and White. At
eight o'clock on Saturday night,[46] he found Wild by the Blue Boar in
Tower Hill, and told him where the money was, and Wild said it must be
moved to St. Catherine's by the water-side. Some of the money was
carried there,[47] and as the rest was being moved Sir T. Aleyn came up,
and John Turner ran away. Col. Turner told Sir T. Aleyn that the money
was his, because Tryon had promised it to him, and he wanted to conceal
the transaction. They all took the money to Mr. Tryon's house, where
Tryon acknowledged his promise, and Sir T. Aleyn agreed that if the
goods were restored, the old man's word should be made good.
More that that, he said he would make up the business, or he
would smother it. My Lord, you have a great deal of patience, I
am humbly bound to you, here is nothing but the naked truth,
step by step, as I trod it. Afterwards[48] Wild came and said,
All will be well. Said I, What have you done? Are you sure,
saith he, the jewels nor nothing shall be stirred? Said I, You
see all is spoiled; Sir Thomas Aleyn is come where we had lodged
the money, the thing is known, do they not hear of it? Yes they
hear as well as you, and know what is done, and some have eyes
upon you. Said I they will run away with the jewels. No you
shall meet about three o'clock either by the Blue-Pig at
Tower-Hill, or at Nag's-Head over against White-Chapel church.
Nobody knows me but you, your wife, and your son who saw me this
morning.
Coming home about Change time Stubbs told him it was said that he had
been concerned in the robbery, and later he was arrested by Cole for his
debt to Lyon and taken to the Hoop Tavern, where he was still in custody
when a constable came with a warrant to take him before Sir. T. Aleyn.
He asked Sir Thomas to allow him to go to fetch the jewels, but he was
not allowed to go out of the liberties.
He then remembered that Wild had said he could send his wife, whom he
described as
a full short woman about forty or fifty years old, she had a
black scarf on; ... I told Sir Thomas this story. My wife came
to me publicly, I did not whisper with her.
MRS. TURNER--Nay, look you, husband----
TURNER--Pr'ythee Mall, sit down; you see my lord, my wife will
interrupt me with nonsense. Pr'ythee sit thee down quickly, and
do not put me out; I cannot hold women's tongues, nor your
lordship neither.
BRIDGMAN, LORD CHIEF-JUSTICE--This is not a May-game.
TURNER--My Lord, it is a serious business, and I hope God will
bless it. 'Pray,' said I, 'Mall go.'
His wife went as she was told.
She found this Nag's Head, she sat down, being somewhat fat and
weary, poor dear! I have had 27 children by her, 15 sons and 12
daughters. Seven or eight times did this fellow round her----
MRS. TURNER--Let me give that relation----
TURNER--You cannot, it is as well; pr'ythee sit down, dear Mall,
sit thee down good child, all will be well.
Mrs. Turner, in short, brought back the jewels which were given to
Tryon, in Chamberlin's presence, and Turner offered to forego his £500,
but was nevertheless committed by Sir T. Aleyn.
BRIDGMAN, LORD CHIEF-JUSTICE--Have you any witnesses to prove
all this discourse passed between you and Wild?
TURNER--I have by, witnesses to prove I said this, that there
was such discourses between us.
BRIDGMAN, LORD CHIEF-JUSTICE--No doubt of it; and so will many a
man at Newgate frame such a story as this.
HYDE, LORD CHIEF-JUSTICE--You have told a long story about Wild,
that you took him by the throat, and that you were alone: what
weapons had you?
TURNER--None, my Lord.
BRIDGMAN, LORD CHIEF-JUSTICE--Had you a lanthorn with you?
TURNER--No, my Lord.
BRIDGMAN, LORD CHIEF-JUSTICE--What time of the night was it?
TURNER--Twelve o'clock, my lord.
BRIDGMAN, LORD CHIEF-JUSTICE--You staid till four, so they were
four hours a-bringing of the money.
TURNER--Yes, my Lord.
HYDE, LORD CHIEF-JUSTICE--You took a man in the dark by the
throat, that man that was guilty of such a thing, as when that
you did let him go to call his companions to bring the money,
brings fellows to you single; I would be glad to know, whether
in this case they would not have knocked you on the head, and
killed you?
TURNER--My lord, Wild had engaged his soul, and I my soul to
him, that if I would not discover him, I should go away free.
BRIDGMAN--Great security indeed!
TURNER--I desire my maid may be called; pray ask Sir T. Aleyn
what he hath done with my maid; he took her up with Sir R.
Brown, and two marshal's men (pray gentlemen, make not a
laughing business of this), Sir Thomas pray, where is my maid?
SIR T. ALEYN--I had this maid upon examination, I found cause of
further examination, thereupon directed an officer to take her,
and she is now in the garden.
_Mosely_ the constable, the Marquis of Dorchester's servant, and
Turner's maid were called to prove that Turner and his family were in
bed at the time that the burglary took place; but proved nothing
material, the maid in particular becoming confused and contradicting
herself several times.
Various witnesses were called to character, and _Sir T. Aleyn_,
_Chamberlin_, _Millington_, and others were recalled, and all agreed
that Turner, when he was in custody, asked to be allowed to go to fetch
the jewels, but did not offer to arrest the thief.
BRIDGMAN, LORD CHIEF-JUSTICE--This is a notable piece of
cunning; when he was moved by Alderman Smith and others, all
this while he names no man; but now he was under an action, he
would have them go with himself out of the Liberties, and yet
saith never a word to take the man; he knew very well it was out
of the Liberties. Truly, I think if Sir T. Aleyn had done it, I
should not have taken him to be Sir T. Aleyn.
_William Turner_ denied all knowledge of the charge.
_John Turner_, questioned by the judges, said that he had carried two
bags of money from Fry's house to Wild on the Saturday morning; he made
two journeys with one bag each time; he delivered them to Wild in the
street at Tower-Ditch.
_Hyde, Lord Chief-Justice_, then summed up. He began by pointing out
that as to Mrs. Turner,
though it appears all along that she had a hand in this
business, yet nothing appears at all, but doing only that which
her husband had directed; then by law she cannot be accessory
for committing of felony.
As to Ely, there was nothing against him.
Then the matter is to James, John, and William Turner; I hope,
and I am sure you are nearer, and you take note of what hath
been delivered; I have not your memories; you are young and no
persons better; you are men of understanding, I need not repeat
particulars to you.
He points out, very shortly, that John and William Turner had not proved
that they were in bed at home all that night, and that even if they were
in bed when the constable came to the house, that proved nothing,
because the crime had then already been committed. As to Col. Turner,
you see when he comes the next day, he undertakes to find out
the thieves, and that only upon a suspicion; that there being a
purpose to rob Mr. Tryon a year before, he goes to the same
place now, he found Wild out then. He had very good luck; that
because he lodged there a year before, he must have the same
lodging now: It is a likely matter that thieves, as Wild is,
should keep their lodgings thus constantly. There he finds him,
takes him by the throat, and there they were playing a while:
There one comes, goes, and brings some part of the money. After
all this, the next day he must take his word to come again and
bring the jewels. Observe but this; after which time as the
money was received yet by a token, though he never saw the
woman before, describing her a short fat woman, with a long
black scarf, he must meet her, asked her what she wanted, and
must give her jewels of that value: 'Tis one of the finest
framed stories that I have heard, that this man should come to
be thus privy after himself stood charged and the jewels brought
for all this; and yet he must know nothing of it. You observe
the evidences, and their circumstances themselves: The witnesses
he called in point of reputation, that I must leave to you. I
have been here many a fair time: Few men that come to be
questioned, but shall have some come and say, he is a very
honest man; I never knew any hurt by him: But is this anything
against the evidence of the fact? But you have here the whole; I
shall leave it to you.
_Bridgman, Lord Chief-Justice_, summed up even more shortly, mentioning
a few of the absurdities of Turner's story. The jury withdrew for an
hour, and then returned with a verdict of Guilty against Col. Turner,
and Not Guilty against all the others.
On the 19th of January Col. Turner and William Turner made a confession
as to their share in the crime. From this it appears that the burglary
was planned entirely by Col. Turner, and was committed by him, his son
William, one White, a solicitor, and an unnamed friend of White's. Col.
Turner procured an impression of Tryon's door-key in wax, and had
another key made to the pattern. By means of this all four men entered
Tryon's house about nine o'clock, and having bound and gagged Tryon,
stole his keys, opened the doors of the counting-house and the
warehouse, found the keys of his iron chest, and took the money and
jewels out of it. How much money or how many bags they took does not
appear, but everything was taken to a house in Duke's Place, from which
Col. Turner fetched away the money and the jewels to his own house the
next morning. The money was still in his house when it was searched by
the constable and the marshal on Friday night. William Turner was to
have £100, and White and his friend £20 a-piece for their pains. Neither
Mrs. Turner, John Turner, or Ely Turner knew of the robbery, but they
helped to move the money on Saturday morning. On being asked on Saturday
morning where the jewels were, Col. Turner said he had given them to
White at six o'clock that morning.
Col. Turner afterwards restored the carcanet, the only jewel which he
had not restored before.
On the same day in the evening he was condemned to be hung.
On the occasion of his execution, two days afterwards, he made a dying
speech of some length. After admitting the justice of his fate, and
declaring that he died in peace with all the world, he said--
Truly it is my sins, and the greatness of my sins hath brought
me hither, and the greatest sin that troubles me, and lies on
me, is that sin which I was much addicted to, and that was the
sin of profaneness, of blaspheming God, of taking his name in
vain. I never heard any man or woman, or whatever they were,
swear in my life but I did tremble for them, to hear them; for
keeping company with men of honour (they were men of quality,
though that was an ill quality in them) was the occasion of it I
never kept company with any poor, base, inferior people, with
any thief, or any suchlike base person in all my life, but fled
from them and avoided them till this accident. As I was telling
you, for that great sin of swearing; keeping company with
persons that did swear, I did get a habit of swearing, though I
hated it and loathed it, when I observed it in myself, and yet,
may be, did it again, forgetting presently, and not observing,
being of a hasty nature.
He then goes on to say that his sons were innocent of the present
matter, and asks the sheriff to procure their liberation from prison,
which he promises to do if he can. He laments the present state of the
world.
I must deal really with you, this nation is very full of sins,
of crying sins, of sins that the land will suddenly mourn by
God's hand; I have every year expected the sweeping plague to
come and take away two-thirds of the nation for the sins that
lie upon us.
It is expected of him that he should clear himself from accusations that
have been made against him. He knows nothing of having received £20
from Dr. Hewyt's wife to procure him a pardon, his wife will soon
receive a certificate from her to show that this is true. He did not
cheat the king out of money when he was beyond the seas with him; for he
was never out of the country. He relates various sufferings that he
endured on the royalist side during the civil war, but being reminded by
the sheriff that this is not a proper subject for a dying man to
discourse about, he points out that Tryon got back all his property, and
then goes on rather inconsistently:--
But, Mr. Sheriffs, assure yourselves, so sure I am going to
heaven, I shall be there in glory, so sure had Mr. Tryon (if I
had not met with those two foolish timorous officers) have had
his goods and money again; there had never had one word of this
business been known. It was a sad fate, that these two fellows
out of a little fear should be the occasion of my coming here;
but God forgive them, Stubs and Lyon I mean, these two villains,
I have nobody to thank for my blood but them; and yet I do free
them, and freely forgive them. Mr. Sheriffs, are you satisfied
in this? Would you have me say any more touching the fact?
MR. SHERIFF--It is satisfaction to us if you are satisfied
yourself.
Turner then goes on to deny other charges that have been made against
him; particularly he asserts that a man of the same name who died in his
house was not poisoned by him, and that he knows nothing of a 'glass
jewel' which the ordinary suggests that he delivered to the Countess of
Devonshire in place of another. He expresses his faith in the Protestant
church, and his belief in the chief tenets of the Christian religion,
and denies that he had been drunk and abused the ordinary, swearing, and
boasting that he had £5000, and could have a pardon when he pleased. On
the contrary, he had acted as clerk in the prison chapel.
About eight or nine o'clock Justice Stringer came to me in
Chancery-Lane, and two or three knights and persons of quality,
eight or nine in all; they had one bottle of sack among them, of
which I drank one little cup ... and God forgive them that
raised the scandal.
He then complains of the Hole where he was confined the night after the
Sessions--
It is a most sad deplorable place; Hell itself, in comparison
cannot be such a place; there is neither bench, stool nor stick
for any person there; they lie like swine upon the ground, one
upon another, howling and roaring ... I would humbly beg that
the Hole may be provided with some kind of boards like a court
of guard, that men may lie down upon them in ease.
JACKSON (the gaoler)--Seventeen out of nineteen made their
escapes out of that Hole, they having only a form there.
SIR R. FORD--If I did think there were a reprieve to come for
you I would be contented to spin out the time thus; but in good
earnest I expect none; unless you had an apprehension you were
not to die you would not spin out the time thus, not thus run
to many impertinences.
Turner then finished his speech, and after he had prayed a little the
executioner fitted the rope round his neck--
TURNER--What, dost thou mean to choke me? pray fellow, give me
more rope; what a simple fellow is this! How long have you been
executioner that you know not yet how to put the knot?
In the midst of his private ejaculations, offering to pull down
the cap, he espied a gentlewoman at a window nigh, kissed his
hand, said 'Your servant, Mistress.'... His cap being pulled
down he gave the sign and the executioner turned him off.
The confluence of people from the gaol to the place of execution
was very great, beyond the memory of any upon the like occasion.
During his imprisonment, and to the last breath of life, his
carriage was very undaunted.
FOOTNOTES:
[42] See _ante_, p. 126.
[43] See _ante_, p. 125.
[44] 1 and 2 Philip and Mary, regulating bail so as to prevent justices
admitting prisoners to bail collusively. This statute 'was, in fact, the
origin of the preliminary inquiry, which has come to be in practice one
of the most important and characteristic parts of our whole system of
procedure, but it was originally intended to guard against collusion
between the justices and the prisoners brought before them.'--Stephen's
_History_, vol. i. p. 237.
[45] These statements were probably made as answers to questions; but
the fact does not appear in the report.
[46] At this point either Turner got into a wild confusion as to time,
and nobody noticed it, or the report is wrong. Turner's story as it now
stands is quite irreconcilable with the obviously true part of the
evidence.
[47] Turner must have said, or intended to say, that he had agreed to
pay Wild the £500 that White had given him the night before, as
black-mail for the rest of the money and the jewels; but nothing of this
appears in the report. It does not appear from the report how much money
Tryon lost in all, nor how much was found at Fry's. It does not follow
that evidence on the subject was not given at the trial.
[48] Turner was arrested by Cole about 3 P.M. Sir T. Aleyn does not say
when he parted from him in the morning.
THE SUFFOLK WITCHES[49]
At the Assizes held at Bury St. Edmunds, for the county of Suffolk, on
the 10th of March 1665, before Sir Matthew Hale,[50] Lord Chief-Baron
of Exchequer, Rose Cullender and Amy Duny, widows, both of Leystoff,
were indicted for bewitching Elizabeth and Ann Durent, Jane Bocking,
Susan Chandler, William Durent, Elizabeth and Deborah Pacy; and being
arraigned they pleaded Not Guilty.
Three of the persons above-named, viz. Anne Durent, Susan Chandler, and
Elizabeth Pacy were brought to Bury to the Assizes, and were in a
reasonable good condition; but that morning they came into the hall to
give instructions for the drawing of their bills of indictments, the
three persons fell into strange and violent fits, shrieking out in a
most sad manner, so that they could not in any wise give any
instructions in the court who were the cause of their distemper. And
although they did after some certain space recover out of their fits,
yet they were every one of them struck dumb, so that none of them could
speak, neither at the time, nor during the Assizes, until the conviction
of the supposed witches.
_Dorothy Durent_ was the mother of William Durent, an infant. She swore
that on the 10th of March 1669, she left her son William, who was then
sucking, in charge of Amy Durent while she was away from home, giving
her a penny for her trouble. She laid a great charge on Amy not to
suckle the child, and on being asked why she did this, she explained
that Amy had long gone under the reputation of a witch. Nevertheless,
when she came back Amy told her that she had given the child suck;--
whereupon the deponent was very angry with the said Amy for the
same; at which the said Amy was much discontented, and used many
high expressions and threatening speeches towards her; telling
her, That she had as good to have done otherwise than to have
found fault with her, and so departed out of her house; and that
very night her son fell into strange fits of swooning and was
held in such terrible manner, that she was much affrighted
therewith, and so continued for divers weeks. And the said
examinant farther said, that she being exceedingly troubled at
her child's distemper, did go to a certain person named Dr.
Jacob, who lived at Yarmouth, who had the reputation in the
country, to help children that were bewitched; who advised her
to hang up the child's blanket in the chimney-corner all day,
and at night when she put the child to bed, to put it into the
said blanket, and if she found anything in it, she should not be
afraid, but throw it into the fire. And this deponent did
according to his direction, and at night when she took down the
blanket with an intent to put her child therein, there fell out
of the same a great toad, which ran up and down the hearth, and
she having a young youth only with her in the house desired him
to catch the toad and throw it into the fire, which the youth
did accordingly and held it there with the tongs; and as soon as
it was in the fire it made a great and horrible noise, and after
a space there was a flashing in the fire like gunpowder, making
a noise like the discharge of a pistol, and thereupon the toad
was no more seen or heard. It was asked by the court, if that
after the noise and flashing, there was not the substance of the
toad to be seen to consume in the fire? And it was answered by
the said Dorothy Durent, that after the flashing and noise,
there was no more seen than if there had been none there. The
next day there came a young woman, a kinswoman of the said Amy,
and a neighbour of this deponent, and told this deponent, that
her aunt (meaning the said Amy) was in a most lamentable
condition, having her face all scorched with fire, and that she
was sitting alone in her house in her smock without any fire.
And thereupon this deponent went into the house of the said Amy
Duny to see her, and found her in the same condition as was
related to her; for her face, her legs, and thighs, which this
deponent saw, seemed very much scorched and burnt with fire, at
which this deponent seemed much to wonder, and asked the said
Amy how she came into that sad condition? and the said Amy
replied, she might thank her for it, for that she this deponent
was the cause of it, but that she should live to see some of her
children dead, and she upon crutches. And this deponent farther
saith, that after the burning of the said toad, her child
recovered, and was well again, and was living at the time of the
assizes. And this deponent farther saith, That about the 6th of
March, 11 Car. II., her daughter Elizabeth Durent, being about
the age of ten years, was taken in like manner as her first
child was, and in her fits complained much of Amy Duny, and
said, that she did appear to her, and afflict her in such manner
as the former. And she this deponent going to the apothecary's
for something for her said child, when she did return to her own
house, she found the said Amy Duny there, and asked her what she
did do there, and her answer was, That she came to see her
child, and to give it some water. But she this deponent was very
angry with her, and thrust her forth of her doors, and when she
was out of doors, she said, You need not be so angry, for your
child will not live long: and this was on a Saturday, and the
child died on the Monday following. The cause of whose death,
this deponent verily believeth was occasioned by the witchcraft
of the said Amy Duny: for that the said Amy hath been long
reputed to be a witch and a person of very evil behaviour, whose
kindred and relations have been many of them accused of
witchcraft, and some of them have been condemned. The said
deponent further saith, that not long after the death of her
daughter Elizabeth Durent, she this deponent was taken with a
lameness in both legs, from the knees down-ward, that she was
fain to go upon crutches, and that she had no other use of them
but only to bear a little upon them till she did remove her
crutches, and so continued till the time of the Assizes that the
Witch came to be tried, and was there upon her crutches; the
Court asked her, That at the time she was taken with this
lameness, if it were with her according to the custom of women?
Her answer was, that it was so, and that she never had any
stoppages of those things, but when she was with child. This is
the substance of her Evidence to this Indictment.
There was one thing very remarkable, that after she had gone
upon crutches for upwards of 3 years, and went upon them at the
time of the Assizes in the Court when she gave her Evidence, and
upon the jury's bringing in their verdict, by which the said Amy
Duny was found Guilty, to the great admiration of all persons,
the said Dorothy Durent was restored to the use of her limbs,
and went home without making use of her crutches.
As concerning Elizabeth and Deborah Pacy, the first of the age
of 11 years, the other of the age of 9 years or thereabouts: as
to the elder, she was brought into the Court at the time of the
instructions given to draw up the Indictments, and afterwards at
the time of trial of the said prisoners, but could not speak one
word all the time, and for the most part she remained as one
wholly senseless, as one in a deep sleep, and could move no part
of her body, and all the motion of life that appeared in her
was, that as she lay upon cushions in the court upon her back,
her stomach and belly, by the drawing of her breath, would
arise to a great height: and after the said Elizabeth had lain a
long time on the table in the court, she came a little to
herself and sat up, but could neither see nor speak, but was
sensible of what was said to her, and after a while she laid her
head on the bar of the court with a cushion under it, and her
hand and her apron upon that, and there she lay a good space of
time: and by the direction of the judge, Amy Duny was privately
brought to Elizabeth Pacy, and she touched her hand: whereupon
the child without so much as seeing her, for her eyes were
closed all the while, suddenly leaped up, and catched Amy Duny
by the hand, and afterwards by the face; and with her nails
scratched her till blood came, and would by no means leave her
till she was taken from her, and afterwards the child would
still be pressing towards her, and making signs of anger
conceived against her.
Deborah the younger daughter was held in such extreme manner,
that her parents wholly despaired of her life, and therefore
could not bring her to the Assizes.
_The Evidence which was given concerning these two children was to this
effect._
SAMUEL PACY, a merchant of Leystoff aforesaid (a man who carried
himself with much soberness during the trial, from whom
proceeded no words either of passion or malice though his
children were so greatly afflicted), sworn and examined,
deposeth. That his younger daughter Deborah, upon Thursday the
10th of October last, was suddenly taken with a lameness in her
legs, so that she could not stand, neither had she any strength
in her limbs to support her, and so she continued until the 17th
day of the same month, which day being fair and sunshiny, the
child desired to be carried on the east part of the house to be
set upon the bank which looketh upon the sea; and whilst she was
sitting there, Amy Duny came to this deponent's house to buy
some herrings, but being denied she went away discontented, and
presently returned again, and was denied, and likewise the third
time and was denied as at first; and at her last going away, she
went away grumbling; but what she said was not perfectly
understood. But at the very same instant of time, the child was
taken with most violent fits, feeling most extreme pains in her
stomach, like the pricking of pins, and shrieking out in a most
dreadful manner like unto a whelp; and not like unto a sensible
creature. And in this extremity the child continued to the great
grief of the parents until the 30th of the same month. During
this time this deponent sent for one Dr. Feavor, a doctor of
physic, to take his advice concerning his child's distemper; the
Doctor being come, he saw the child in those fits but could not
conjecture, as he then told this deponent, and afterwards
affirmed in open court, at this trial, what might be the cause
of the child's affliction. And this deponent farther saith, That
by reason of the circumstances aforesaid, and in regard Amy Duny
is a woman of ill-fame, and commonly reported to be a witch and
sorceress, and for that the said child in her fits would cry out
of Amy Duny as the cause of her malady, and that she did
affright her with apparitions of her person (as the child in the
intervals of her fits related) he this deponent did suspect the
said Amy Duny for a witch, and charged her with the injury and
wrong to his child, and caused her to be set in the stocks on
the 28th of the same October: and during the time of her
continuance there, one Alice Letteridge and Jane Buxton
demanding of her, as they also affirmed in court upon their
oaths, what should be the reason of Mr. Pacy's child's
distemper? telling her, That she was suspected to be the cause
thereof; she replied, 'Mr. Pacy keeps a great stir about his
child, but let him stay until he hath done as much by his
children, as I have done by mine.' And being further examined,
what she had done to her children? She answered, 'That she had
been fain to open her child's mouth with a tap to give it
victuals.' And the said deponent further deposeth, that within
two days after speaking of the said words, being the 30th of
October, the eldest daughter Elizabeth, fell into extreme fits,
insomuch, that they could not open her mouth to give her breath,
to preserve her life, without the help of a tap which they were
enforced to use; and the younger child was in the like manner
afflicted, so that they used the same also for her relief.
And further the said children being grievously afflicted would
severally complain in their extremity, and also in the
intervals, that Amy Duny (together with one other woman whose
person and clothes they described) did thus afflict them, their
apparitions appearing before them, to their great terror and
affrightment: and sometimes they would cry out, saying, There
stands Amy Duny, and there Rose Cullender, the other person
troubling them.
Their fits were various, sometimes they would be lame on one
side of their bodies, sometimes on the other: sometimes a
soreness over their whole bodies, so as they could endure none
to touch them: at other times they would be restored to the
perfect use of their limbs, and deprived of their hearing; at
other times of their sight, at other times of their speech;
sometimes by the space of one day, sometimes for two; and once
they were wholly deprived of their speech for eight days
together and then restored to their speech again. At other times
they would fall into swoonings, and upon the recovery to their
speech they would cough extremely, and bring up much phlegm, and
with the same crooked pins, and one time a two-penny nail with a
very broad head, which pins (amounting to forty or more)
together with the two-penny nail, were produced in court, with
the affirmation of the said deponent, that he was present when
the said nail was vomited up, and also most of the pins.
Commonly at the end of every fit they would cast up a pin, and
sometimes they would have four or five fits in one day.
In this manner the said children continued with this deponent
for the space of two months, during which time in their
intervals this deponent would cause them to read some chapters
in the New Testament.
Whereupon this deponent several times observed, that they would
read till they came to the name of Lord, or Jesus, or Christ;
and then before they could pronounce either of the said words
they would suddenly fall into their fits. But when they came to
the name of Satan, or devil, they would clap their fingers upon
the book, crying out, This bites, but makes me speak right well.
At such time as they be recovered out of their fits (occasioned
as this deponent conceives upon their naming of Lord, Jesus, or
Christ), this deponent hath demanded of them, what is the cause
they cannot pronounce those words: they reply and say, that Amy
Duny saith, I must not use that name.
And further, the said children after their fits were past, would
tell, how that Amy Duny and Rose Cullender would appear before
them holding their fists at them, threatening, that if they
related either what they saw or heard, that they would torment
them ten times more than ever they did before.
In their fits they would cry out, There stands Amy Duny or Rose
Cullender; and sometimes in one place and sometimes in another
running with great violence to the place where they fancied them
to stand, striking at them as if they were present; they would
appear to them sometimes spinning, and sometimes reeling, or in
other postures, deriding or threatening them.
Afterwards the witness sent the children to the house of Margaret
Arnold, his sister, at Yarmouth, to make trial whether the change of air
might do them any good.
_Margaret Arnold_ gave no credit to what was related to her when the
children were committed to her care, 'conceiving that possibly the
children might use some deceit in putting pins in their mouths
themselves'; she therefore 'took all the pins out of their clothes, and
sewed them all instead'; but 'notwithstanding all this care and
circumspection of hers,' they raised at least thirty pins in her
presence, and had most violent fits. They would cry out in their fits,
against Rose Cullender and Amy Duny, alleging that they saw them.
At some times the children (only) would see things run up and
down the house in the appearance of mice; and one of them
suddenly snapt one with the tongs, and threw it in the fire, and
it screeched out like a rat.
At another time a little thing like a bee
flew into the face of the younger child when she was out of
doors, and would have gone into her mouth; the child ran
screaming into the house and had a fit, and vomited up a
two-penny nail with a broad head, which she said the bee had
tried to put in her mouth.
The elder child said she saw a mouse, and crept under the table to look
for it, and she found something, the witness did not see what it was,
which she threw into the fire, when it flashed like gunpowder. At a time
when she was speechless, but otherwise in good health, she appeared to
chase something round the house, catch it, put it in her apron, and made
as if she threw it in the fire, but the witness saw nothing. The child
afterwards being restored to her speech said it was a duck. The younger
child said that in her fits Amy Duny tempted her to drown herself, and
to cut her throat, or otherwise destroy herself. For these reasons the
witness believed that the children were bewitched, though she had not
believed it at first.
_Edmund Durent_, the father of Ann Durent, swore that Rose Cullender
came to his house in the previous November to buy some herrings of his
wife, but being denied by her, returned in a discontented manner. On the
first of December his daughter felt a great pain in her stomach, fell
into swooning fits, and on her recovery declared that she had seen the
apparition of Rose Cullender, who threatened to torment her. She had
also vomited up pins, which were produced in court.
The maid was present in court, but could not speak to declare
her knowledge, but fell into the most violent fit when she was
brought before Rose Cullender.
_Ann Baldwin_ corroborated the last witness, and added that Jane Bocking
was so weak that she could not be brought to the Assizes.
_Diana Bocking_, the mother of Jane Bocking, swore that her daughter had
formerly suffered from fits, but had recovered from them. On the first
of February last, however, she had been attacked with fits which lasted
till the witnesses came to the Assizes, vomiting pins daily, seven last
Sunday. In her fits she would frequently complain of Rose Cullender and
Amy Duny, saying that she saw them standing about the bed. At last she
was stricken dumb for some days, and said when she recovered that Amy
Duny would not suffer her to speak.
_Mary Chandler_, the mother of Susan Chandler, swore that she had
examined the prisoners after they had been examined before Sir Edmund
Bacon, on a charge of having bewitched Mr. Pacy's daughters, and that
she had found certain monstrous growths on the body of Rose Cullender.
She also said that Rose Cullender had appeared to her daughter, who was
in service, one morning while she was washing, whereupon she was
frightened and came at once and told her mother; and soon afterwards was
attacked by fits, vomiting pins, like the others. She was at times dumb,
and at times blind, and when she was brought into court, she was
attacked anew, although she recovered her speech outside.
This was the sum and substance of the evidence which was given
against the prisoners concerning the bewitching of the children
before mentioned. At the hearing this evidence there were divers
known persons as Mr. Serjeant Keeling,[51] Mr. Serjeant Earl,
and Mr. Serjeant Barnard present. Mr. Serjeant Keeling seemed
much unsatisfied with it, and thought it not sufficient to
convict the prisoners: for admitting that the children were in
truth bewitched, yet said he, it can never be applied to the
prisoners, upon the imagination only of the parties afflicted;
for if that might be allowed no person whatsoever can be in
safety, for perhaps they might fancy another person, who might
altogether be innocent in such matters.
There was also _Dr. Brown_[52] of Norwich, a person of great
knowledge; who after this evidence given, and upon view of three
persons in Court, was desired to give his opinion, what he did
conceive of them: and he was clearly of opinion, that the
persons were bewitched; and said, That in Denmark there had
been lately a great discovery of witches, who used the very same
way of afflicting persons, by conveying pins into them, and
crooked as these pins were, with needles and nails. And his
opinion was, That the devil in such cases did work upon the
bodies of men and women, upon a natural foundation (that is), to
stir up, and excite such humours super-abounding in their bodies
to a great excess, whereby he did in an extraordinary manner
afflict them with such distempers as their bodies were most
subject to, as particularly appeared in these children; for he
conceived, that these swooning fits were natural, and nothing
else, but only heightened to a great excess by the subtilty of
the devil, co-operating with the malice of these which we term
witches, at whose instance he doth these villanies.
Besides the particulars above mentioned touching the said
persons bewitched, there were many other things objected against
them for a further proof and manifestation that the said
children were bewitched. As first, during the time of the trial,
there were some experiments made with the persons afflicted, by
bringing the persons to touch them; and it was observed, that
when they were in the midst of their fits to all men's
apprehension wholly deprived of all sense and understanding,
closing their fists in such manner, as that the strongest man in
court could not force them open; yet by the least touch of one
of these supposed witches, Rose Cullender by name, they would
suddenly shriek out opening their hands, which accident would
not happen by the touch of any other person.
And lest they might privately see when they were touched by the
said Rose Cullender, they were blinded with their own aprons,
and the touching took the same effect as before.
There was an ingenious person that objected, there might be a
great fallacy in this experiment, and there ought not to be any
stress put upon this to convict the parties, for the children
might counterfeit this their distemper, and perceiving what was
done to them they might in such manner suddenly alter the motion
and gesture of their bodies, on purpose to induce persons to
believe that they were not natural, but wrought strangely by the
touch of the prisoners. Wherefore to avoid this scruple it was
privately desired by the Judge, that the Lord Cornwallis, Sir
Edmund Bacon, and Mr. Serjeant Keeling, and some other gentlemen
there in court, would attend one of the distempered persons in
the farther part of the Hall, whilst she was in her fits, and
then to send for one of the witches, to try what would then
happen, which they did accordingly: and Amy Duny was conveyed
from the bar and brought to the maid: they put an apron before
her eyes, and then one other person touched her hand, which
produced the same effect as the touch of the witch did in the
Court. Whereupon the gentlemen returned, openly protesting, that
they did believe the whole transaction of this business was a
mere imposture. This put the Court and all persons into a stand.
But at length Mr. Pacy did declare, That possibly the maid might
be deceived by a suspicion that the witch touched her when she
did not. For he had observed divers times, that although they
could not speak, but were deprived of the use of their tongues
and limbs, that their understandings were perfect, for that they
had related divers things which have been when they were in
their fits, after they had recovered out of them. This saying of
Mr. Pacy was found to be true afterwards when his daughter was
fully recovered (as she afterwards was) as shall in due time be
related: For she was asked, whether she did hear and understand
anything that was done and acted in the Court, during the time
that she lay as one deprived of her understanding? and she said,
She did: and by the opinions of some, this experiment (which
others would have a fallacy) was rather a confirmation that the
parties were really bewitched, than otherwise: for say they, it
is not possible that any should counterfeit such distempers,
being acquainted with such various circumstances, much less
children; and for so long time, and yet undiscovered by their
parents and relations: For no man can suppose that they should
all conspire together (being out of several families, and as
they affirm, no way related one to the other, and scarce of
familiar acquaintance) to do an act of this nature whereby no
benefit or advantage could redound to any of the parties, but a
guilty conscience for perjuring themselves in taking the lives
of two poor simple women away, and there appears no malice in
the case. For the prisoners themselves did scarce so much as
object it. Wherefore, said they, it is very evident that the
parties were bewitched, and that when they apprehend or
understand by any means, that the persons who have done them
this wrong are near, or touch them; then their spirits being
more than ordinarily moved with rage and anger at them being
present, they do use more violent gestures of their bodies, and
extend forth their hands, as desirous to lay hold upon them;
which at other times not having the same occasion, the instance
there falls not out the same.
Additional witnesses were afterwards called to prove other acts of
witchcraft by the prisoners.
_John Soam_,'a yeoman, and a sufficient person,' deposed that one
harvest he had three carts, and that as they were going into the field
to load, one of them wrenched the window of Rose Cullender's house,
whereupon she came out in a great rage, and threatened him. Afterwards
the two carts that had not touched the house twice made the journey home
loaded and back again, safely. But the cart that had touched the house
was overturned twice or thrice that day after it was loaded; and as they
brought it through the gate out of the field it stuck so fast that they
had to cut down the gate-post, 'although they could not perceive that
the cart did of either side touch the gate-posts.' And further,
after they had got it through the gate-way, they did with much
difficulty get it home into the yard; but for all that they
could do, they could not get the cart near unto the place where
they should unload the corn, but were fain to unload it at a
great distance from the place, and when they began to unload
they found a great difficulty therein, it being so hard a labour
that they were tired that first came; and when others came to
assist them, their noses burst forth a bleeding; so they were
fain to desist and leave it until the next morning, and then
they unloaded it without any difficulty at all.
_Robert Sherringham_ swore that about two years before, as he was
passing along the street with his cart and horse, the axle-tree of his
cart touched Rose Cullender's house, and broke down some part of it, at
which she was very much displeased, threatening him that his horses
should suffer for it;
and it so happened that all those horses, being four in number,
died within a short time after; since that time he hath had
great losses by the sudden dying of his other cattle; so soon as
his sows pigged, the pigs would leap and caper, and immediately
fall down and die. Also not long after he was taken with a
lameness in his limbs that he could neither go nor stand for
some days. After all this, he was very much vexed with great
number of lice of an extraordinary bigness, and although he many
times shifted himself, yet he was not anything the better, but
would swarm again with them; so that in the conclusion he was
forced to burn all his clothes, being two suits of apparel, and
then was clean from them.
_Richard Spencer_, about the first of September last, heard Amy Duny say
that the devil would not let her rest until she was revenged on the wife
of one Cornelius Sandeswell.
_Ann Sandeswell_ says that seven or eight years since,
she having bought a certain number of geese, meeting with Amy
Duny, she told her, if she did not fetch her geese home they
would all be destroyed; which in a few days after it came to
pass.
Afterwards the said Amy became tenant to the witness's husband for a
house, and Amy told the witness that if she did not look well to such a
chimney in the house it would fall, whereupon the witness told her that
it was a new one, and they parted without the witness attaching much
importance to the matter;
but in a short time the chimney fell down according as the said
Amy had said.
Also the witness once asked her brother, who was a fisherman, to send
her a firkin of fish, which he did; and she hearing that the firkin was
brought into Lowestofft Road, asked a boatman to bring it ashore with
other goods which they had to bring;
and as she was going down to meet the boat-man to receive her
fish, she desired the said Amy to go along with her to help her
home with it; Amy replied she would go when she had it. And
thereupon this deponent went to the shore without her, and
demanded of the boat-man the firkin; they told they could not
keep it in the boat from falling into the sea, and they thought
it was gone to the devil, for they never saw the like before.
And being demanded whether any other goods in the boat were
likewise lost as well as hers? they answered not any.
This was the substance of the whole evidence given against the
prisoners at the bar; who being demanded, what they had to say
for themselves? they replied, nothing material to anything that
was proved against them. Whereupon the judge, in giving his
direction to the jury, told them, that he would not repeat the
evidence unto them, lest by so doing he should wrong the
evidence on the one side or on the other.
Only this acquainted them, that they had two things to enquire
after. First, Whether or no these children were bewitched?
Secondly, Whether the prisoners at the bar were guilty of it?
That there were such creatures as witches he made no doubt at
all; For first, the scriptures had affirmed so much. Secondly
the wisdom of all nations had provided laws against such
persons, which is an argument of their confidence of such a
crime.
And such hath been the judgment of this kingdom, as appears by
that act of parliament which hath provided punishments
proportionable to the quality of the offence. And desired them,
strictly to observe their evidence; and desired the great God of
heaven to direct their hearts in this weighty thing they had in
hand: For to condemn the innocent, and to let the guilty go
free, were both an abomination to the Lord. With this short
direction the jury departed from the bar, and within the space
of half an hour returned, and brought them in both Guilty upon
the several indictments, which were thirteen in number,
whereupon they stood indicted.
This was upon Thursday in the afternoon, March 13, 1665. The
next morning, the three children with their parents came to the
Lord Chief-Baron Hales's lodging, who all of them spake
perfectly, and were in as good health as ever they were; only
Susan Chandler by reason of her very much affliction did look
very thin and wan. And their friends were asked at what time
they were restored thus to their speech and health? And Mr. Pacy
did affirm, That within less than half an hour after the
witches were convicted they were all of them restored, and slept
well that night, feeling no pain; only Susan Chandler felt a
pain like pricking of pins in her stomach.
After, they were all of them brought down to the court, but Ann
Durent was so fearful to behold them, that she desired she might
not see them. The other two continued in the court, and they
affirmed in the face of the country, and before the witches
themselves, what before hath been deposed by their friends and
relations; the prisoners not much contradicting them. In
conclusion, the judge and all the court were fully satisfied
with the verdict, and thereupon gave judgment against the
witches that they should be hanged.
They were much urged to confess, but would not.
That morning we departed for Cambridge, but no reprieve was
granted; And they were executed on Monday the 17th of March
following, but they confessed nothing.
FOOTNOTES:
[49] Witchcraft, always an ecclesiastical offence, was first made a
statutory crime by 33 Hen. VIII. (1541), which Hutchinson suggests was
intended as 'a hank upon the reformers,' by reason of the part which
mentioned the pulling down of crosses. This act was repealed on the
accession of Edward VI., but was revived by 5 Eliz. c. 16 in a slightly
different form. Hutchinson mentions five convictions under this statute
between 1560 and 1597. A new act was passed in 1603, the first year of
the reign of James I. Under it seventeen persons were condemned to death
in Lancashire in 1634 on the evidence of one witness, who afterwards
admitted his imposture. Their lives were saved by the judge who tried
the case. In the eastern counties about fifty persons were executed in
1644 and 1645. Various other cases were tried throughout the seventeenth
century, of which a list is given by Hutchinson, and the last conviction
took place in 1712, at Hertford, but the prisoner was pardoned. The act
of James was repealed in 1736, when it was enacted that no more
prosecutions for witchcraft should take place, but that pretending to
exercise witchcraft, and so forth, should be offences punishable on the
same scale as other acts of petty cheating. Further information on the
subject may be found in Hutchinson's _Essay on Witchcraft_; and an
account of the very curious outburst of prosecutions for witchcraft in
New England about the time of this trial, and, it is said, partly in
consequence of it, may be found in Howell's _State Trials_, vol vi. pp.
647-686. In those parts of the British Empire where there is a large
population of negroes, it has been found necessary to make stringent
laws against witchcraft, which are regarded by the persons most affected
by them as something much more than a protection against mere cheats.
[50] Sir Matthew Hale (1609-1676) was the grandson of a Gloucestershire
weaver. He was educated as a Puritan and entered Magdalen Hall, Oxford,
in 1626. He here suddenly dropped his Puritan habits, and would have
become a soldier in the Low Countries, but that, having to consult the
learned Glanville as to legal proceedings taken against him which
endangered his patrimony, he was persuaded to become a law student. He
again resumed a quiet method of life, and owing to the slovenliness of
his dress narrowly escaped being shipped to the West Indies by a
press-gang. He was called in 1637, and already enjoying a considerable
reputation at once acquired a lucrative practice. He devilled for Noy,
but according to Campbell refused to follow him when he joined the Court
party. He kept clear of politics at the beginning of the Long
Parliament, though courted by both sides. He is said to have taken part
in Strafford's defence; he certainly defended Laud. He took the Covenant
in 1644, and sat in the Westminster Assembly of Divines. He procured
honourable terms for the garrison of Oxford on the capture of that town.
He took the engagement to be true to the Commonwealth in 1649, and
continued to practise, often appearing for the defence in State
prosecutions; particularly for the Duke of Hamilton after the battle of
Worcester. He took a prominent part in the Commission appointed to
reform the laws, which abolished feudal tenures and caused all legal
proceedings to be conducted in English. He became a Justice of the
Common Pleas in 1654, when he was occasionally brought into opposition
to the government. At last he refused to try criminal causes;
particularly that of Colonel Penruddock (see _post_, p. 59). He
supported Cromwell against the sectaries. He was summoned to act as
assessor to Cromwell's House of Lords; but refused to act as a judge
under Richard Cromwell, though he sat in his Parliament. He sat for
Gloucestershire in the Convention Parliament, and took an active part in
the Restoration. He sat at the trial of the Regicides, though not at
Vane's. On Bridgman becoming Chief-Justice of the Common Pleas in 1660,
Hale succeeded him as Chief-Baron, his appointment being due, it is
said, to Clarendon's scheme for having the Comprehension Bill, which he
had drafted, defeated. He became Lord Chief-Justice in 1671, in
succession to Kelyng. He has the reputation of being one of the greatest
judges in English history. He settled satisfactorily all claims arising
out of the rebuilding of London after the great fire; he found himself
unable to help Bunyan, whom he considered to have been unjustly
imprisoned, thereby, according to Campbell, being entitled to some of
the credit attaching to the production of _The Pilgrim's Progress_. On
the failure of his health he retired from the bench in 1676. It may be
of interest to quote Campbell's opinion of his conduct of the present
trial. 'I wish to God,' says that author, 'I could as successfully' (as
he has done in Bunyan's case) 'defend the conduct of Sir Matthew Hale in
a case to which I most reluctantly refer, but which I dare not, like
Bishop Burnet, pass over unnoticed--I mean the famous trial before him,
at Bury St. Edmunds, for witchcraft. I fostered a hope that I should
have been able, by strict inquiry, to contradict, or mitigate, the
hallucination under which he is generally supposed to have then
laboured, and which has clouded his fame--even in some degree impairing
the usefulness of that bright example of Christian piety which he has
left for the edification of mankind. But I am much concerned to say,
that a careful perusal of the proceedings and of the evidence shows that
upon this occasion he was not only under the influence of the most
vulgar credulity, but that he violated the plainest rules of justice,
and that he really was the murderer of two innocent women.... Had the
miserable wretches, indicted for witchcraft before Sir Matthew Hale,
pleaded guilty, or specifically confessed the acts of supernatural
agency imputed to them, or if there had been witnesses who had given
evidence, however improbable it might be, to substantiate the offence, I
should hardly have regarded the Judge with less reverence because he
pronounced sentence of death upon the unhappy victims of superstition,
and sent them to the stake, or the gibbet. But they resolutely persisted
in asserting their innocence, and there was not only no evidence against
them which ought to have weighed in the mind of any reasonable man who
believed in witchcraft, but during the trial the imposture practised by
the prosecutors was detected and exposed.' 'Hale's motives were most
laudable; but he furnishes a memorable instance of the mischiefs
originating from superstition. He was afraid of an acquittal or of a
pardon, lest countenance should be given to a disbelief in witchcraft,
which he considered tantamount to a disbelief in Christianity. The
following Sunday he wrote a "Meditation concerning the mercy of God in
preserving us from the malice and power of Evil Angels," in which he
refers, with extreme complacency, to the trial over which he had
presided at Bury St. Edmunds.'
[51] See _ante_, p. 127.
[52] Sir Thomas Browne (1605-1682) was the well-known author of _Religio
Medici_, published in 1642; _Vulgar Errors_, published in 1646; and
numerous other mystic, pseudo-scientific and philosophical works. Mr.
Leslie Stephen (_Hours in a Library_, vol. ii. p. 11) writes of him:
'Obviously we shall find in Sir Thomas Browne no inexorably severe guide
to truth; he will not too sternly reject the amusing because it happens
to be slightly improbable, or doubt an authority because he sometimes
sanctions a mass of absurd fables.' So he more or less believed in the
griffin, the phoenix, and the dragon: he knew that the elephant had no
joints, and was caught by cutting down the tree against which he leant
in sleep; that the pelican pierced its breast for the good of its young;
that storks refused to live except in republics or free states; and that
men were struck dumb, literally dumb, by the sight of a wolf: he
discusses what would have happened had Adam eaten the apple of the Tree
of Life before that of the Tree of Knowledge; he discovers error in
every recorded speech but one delivered before the Flood; he admits that
the phoenix is mentioned in holy writers, and alluded to in Job and
the Psalms, but nevertheless adduces eight reasons for not believing in
his existence, of which one is that no one has seen one, another that in
the Scriptures the word translated phoenix also means a palm-tree,
another that he could neither enter the ark in a pair, nor increase and
multiply. At the same time, he probably possessed a considerable
knowledge of physical science, and holds a high, though peculiar,
position in English literature. Evidently he was not a suitable witness
in the present case, and his appearance as recorded above is far the
most unamiable thing known of him; but it is possible that his
neighbours did not take him more seriously as a trustworthy authority
than do his modern critics.
ALICE LISLE
Alice Lisle was the daughter and heiress of Sir White Bechenshaw of
Moyles Court, Ellingham, Hants, the scene of the principal facts
referred to in this trial. The house is still standing. In 1630 she
became the second wife of John Lisle; he was called to the bar, and
became a bencher of the Middle Temple. He sat in the Long Parliament for
Winchester, was one of the managers of Charles I.'s trial, and is said
to have drawn up the form of the sentence. He became President of the
High Court of Justice in 1654, sat in the Parliament of that year, and
was appointed one of the Commissioners of the Exchequer. He appears to
have been a consistent follower of Cromwell, and became a member of his
House of Lords in 1657. He left England on the Restoration and fled to
Lausanne, where he was murdered by an Irish Royalist in 1664. He
sentenced John Penruddock, the father of the Colonel Penruddock of this
trial, to death in 1655 for his participation in an unsuccessful rising
against the Commonwealth in Wiltshire.
Alice Lisle, commonly called Lady Lisle, was tried for high treason at
Winchester on 27th August 1685, before Lord Chief-Justice Jeffreys,[53]
during his notorious 'Bloody Assize.' The charge against her was that
knowing one George Hicks, a popular dissenting minister, to have been in
Monmouth's army at Sedgemoor she entertained and concealed him in her
house at Moyles Court. To convict her it was necessary to prove that
Hicks had been in Monmouth's army, that she knew it, and that she
entertained and concealed him. The prosecution was conducted by
Pollexfen,[54] Mundy, and Corriton, as far at least as it was not
conducted by Jeffreys. Lady Lisle, according to the custom of the time,
was not allowed counsel, though no doubt she had opportunities for
receiving legal advice during the course of the trial. Hicks was
afterwards tried, and hanged at Glastonbury.[55]
The first three witnesses were Pope, Fitzherbert, and Taylor, who were
visited by Hicks and Monmouth's chaplain, apparently for more or less
charitable purposes, when they were prisoners to Monmouth's Army in Sir
Thomas Bridge's stables at Keynsham. Two of them also spoke to having
seen him actually in Monmouth's Army.
_James Dunne_ was then sworn.
POLLEXFEN--If your lordship please to observe, the times will
fall out to be very material in this case: the battle at
Kings-Edgemore was the sixth of July; three or four days
afterwards was the taking of Monmouth, and my lord Grey at
Ringwood; upon the 26th of July, ten or twelve days after the
taking of Monmouth, was this message sent by Dunne to Mrs.
Lisle: so we call Dunne to prove what message he carried upon
the 26th, and what answer was returned; he will tell you that
Tuesday was the time appointed for them to come, in the night,
and all the other circumstances. But withal, I must acquaint
your lordship, that this fellow, Dunne, is a very unwilling
witness; and therefore with submission to your lordship, we do
humbly desire your lordship would please to examine him a little
the more strictly.
LORD CHIEF-JUSTICE--You say well: Hark you, friend, I would take
notice of something to you, by the way, and you would do well to
mind what I say to you. According as the counsel that are here
for the King seem to insinuate, you were employed as a messenger
between these persons, one whereof has already been proved a
notorious rebel, and the other is the prisoner at the bar, and
your errand was to procure a reception at her house for him.
DUNNE--My lord, I did so.
LORD CHIEF-JUSTICE--Very well. Now mark what I say to you,
friend: I would not by any means in the world endeavour to
fright you into anything, or any ways tempt you to tell an
untruth, but provoke you to tell the truth, and nothing but the
truth, that is the business we come about here. Know, friend,
there is no religion that any man can pretend to, can give a
countenance to lying, or can dispense with telling the truth:
Thou hast a precious immortal soul, and there is nothing in the
world equal to it in value: There is no relation to thy
mistress, if she be so; no relation to thy friend; nay, to thy
father or thy child; nay, not all the temporal relations in the
world can be equal to thy precious immortal soul. Consider that
the Great God of Heaven and Earth, before whose tribunal thou,
and we, and all persons are to stand at the last day, will call
thee to an account for the rescinding his truth, and take
vengeance of thee for every falshood thou tellest. I charge thee
therefore, as thou wilt answer it to the Great God, the judge
of all the earth, that thou do not dare to waver one tittle from
the truth, upon any account or pretence whatsoever: For though
it were to save thy life, yet the value of thy precious and
immortal soul is much greater, than that thou shouldst forfeit
it for the saving of any the most precious outward blessing thou
dost enjoy; for that God of Heaven may justly strike thee into
eternal flames, and make thee drop into the bottomless lake of
fire and brimstone, if thou offer to deviate the least from the
truth, and nothing but the truth. According to the command of
that oath that thou hast taken, tell us who employed you, when
you were employed, and where? Who caused you to go on this
message, and what the message was? For I tell thee God is not to
be mocked, and thou canst not deceive him, though thou mayst us.
But I assure you if I catch you prevaricating in any the least
tittle (and perhaps I know more than you think I do; no, none of
your saints can save your soul, nor shall they save your body
neither) I will be sure to punish every variation from the truth
that you are guilty of.
Now come and tell us, how you came to be employed upon such a
message, what your errand was, and what was the issue and result
of it?
Dunne then proceeds to depose that a man came to his house to desire him
to go with a message to Lady Lisle; he came on a Friday, after the
battle; he was a short black man, and promised a good reward. On
Saturday Dunne went to Moyles Court, and Lady Lisle agreed to receive
Hicks on Tuesday evening. He was pressed as to whether she asked if he
knew Hicks--
LORD CHIEF-JUSTICE--Why dost thou think that she would entertain
any one she had no knowledge of merely upon thy message? Mr.
Dunne! Mr. Dunne! have a care, it may be more is known of this
matter than you think for.[56]
DUNNE--My Lord, I tell you the truth.
LORD CHIEF-JUSTICE--Ay, to be sure you do, do not let me take
you prevaricating!
DUNNE--My Lord, I speak nothing but the truth.
LORD CHIEF-JUSTICE--Well, I only bid you have a care, truth
never wants a subterfuge, it always loves to appear naked, it
needs no enamel, nor any covering; but lying and snivelling, and
canting, and Hicksing, always appear in masquerade. Come, go on
with your evidence.
Dunne then proceeds--he went home, arriving on Sunday, and gave his
message to the man he first saw, and on Tuesday morning he, and a 'full
fat black man,' and a 'thin black man,' came to his house at seven in
the morning. Starting with two of them whom he had not seen before, but
identified as Hicks and Nelthorp, at eleven, he took them by way of
Deverel, Chilmark and Sutton to Salisbury Plain, where one Barter met
them to guide them on, by Chalk, Rochesborne and Fordingbridge. This way
he alleged, apparently falsely, was a shorter way than he had taken on
Saturday. Near Barton, however, they lost their way, and Dunne was sent
down to the village to a man to tell him that one Hicks desired to speak
to him. Who the man was, he hesitated to say.
DUNNE--His name, my Lord, I cannot rightly tell for the present.
LORD CHIEF-JUSTICE--Prithee recollect thyself: indeed thou canst
tell us if thou wilt.
DUNNE--My Lord, I can go to the house again if I were at
liberty.
LORD CHIEF-JUSTICE--I believe it, and so could I; but really
neither you nor I can be spared at present; therefore prithee do
us the kindness now to tell us his name.
DUNNE--My Lord, I think his name was Fane.
LORD CHIEF-JUSTICE--Thou sayest right, his name was Fane truly,
thou seest I know something of the matter.[57]
Dunne brought Fane to Hicks, who asked him the way to Mrs. Lisle's.
LORD CHIEF-JUSTICE--Now tell us what kind of man that was, that
desired this of Mr. Fane?
DUNNE--My Lord, it was the full fat black man.
LORD CHIEF-JUSTICE--Now we have got him out, now we know which
was Hicks, now go on.
On arriving at Mrs. Lisle's, Hicks and Nelthorp entered first in the
dark; Dunne did not see them again till they were taken. Dunne was
received by a young girl he did not know. He had 'a bit of cake and
cheese from my own house, and that I eat': he did not see Mrs. Lisle.
So far, Jeffreys had been conducting an examination-in-chief, or what
served the same purpose. Now the cross-examination begins--Dunne was
forced to take the word of the first man who came to him that he would
be paid. He was a baker, and would not bake on Sundays.
LORD CHIEF-JUSTICE--Alack-a-day! thou art precise in that, but
thou canst travel on Sundays to lead rogues into lurking holes
... but I assure thee thy bread is very light weight, it will
scarce pass the balance here.
He left his horse in the stable, the other two left theirs outside the
gate. He knew there were fugitives about the country; he did not ask the
little man with the black beard who Hicks was. Hicks told him he was in
debt. Did not the man who first came tell him Hicks was in debt and
wanted to be concealed? He did. How came Dunne to be so impudent then as
to tell such a lie?
DUNNE--I beg your pardon, my Lord.
LORD CHIEF-JUSTICE--You beg my pardon! That is not because you
told me a lye, but because I found you in a lye. Come Sirrah,
tell me the truth.
Where did Dunne sleep? in a chamber to which the girl showed him, he
saw no one else; he put up his horse himself and fed him on hay which
was in the rack; the stable-door was latched; he pulled up the latch. He
knew his way to the stable, because he had been there before--even
though it was dark. Carpenter the bailiff gave his horse hay and brought
a light to the stable after he had gone there. Besides Carpenter and the
girl he saw no one. He did not drink in the house; he had last drunk at
Barton.
LORD CHIEF-JUSTICE--Now prithee tell me truly, where came
Carpenter unto you? I must know the truth of that; I would not
terrify thee to make thee say anything but the truth, but assure
thyself I never met with a lying, sneaking, canting fellow, but
I always treasured up vengeance for him; and therefore look to
it, that thou dost not prevaricate with me, for be sure thou
wilt come by the worst of it in the end.
DUNNE--My Lord, I will tell the truth as near as I can.
Carpenter met him in the court when he was with Hicks and Nelthorp; no
one else was there; Carpenter opened the stable-door.
LORD CHIEF-JUSTICE--Why thou vile wretch, didst thou not tell me
just now that thou pluckedst up the latch? Dost thou take the
God of Heaven not to be a God of truth, and that He is not a
witness of all thou sayest? Dost thou think because thou
prevaricatest with the court here thou canst do so with the God
above who knows thy thoughts? And it is infinite mercy, that,
for these falsehoods of thine, he does not immediately strike
thee into hell! Jesus God!... Did you not tell me that you
opened the latch yourself and that you saw nobody else but a
girl? How durst you offer to tell such horrid lies in the
presence of God and of a court of Justice? Answer me one
question more. Did he pull down the hay or you?
Dunne did not pull down any hay; Carpenter took him into the house and
to his room; but no one asked him to eat or drink; he did not know what
became of the others' horses.
JEFFREYS--Did you tell Carpenter that the horses were there?
DUNNE--I did not tell him any such thing.
LORD CHIEF-JUSTICE--Thou art a strange, prevaricating,
shuffling, sniveling lying rascal.
_Barter_ was then called and sworn.
Having been duly threatened he deposed that Dunne came to his house on
Saturday; he guided Dunne to Moyles Court; Dunne gave Carpenter a
letter. Carpenter would not meddle with it; Dunne went in to my lady. He
went into the kitchen where my lady came in, and she asked if he could
make bricks; she went up to Dunne 'laughing with him and looked at me.'
He asked Dunne what she laughed at. Dunne said she asked if he knew
anything of 'the concern,' and he, Dunne, answered no, and that this
was what she laughed at. He was thereupon disturbed, and consulted
Colonel Penruddock. It was agreed between them that he should guide
Dunne and his friends across Salisbury Plain and that the Colonel should
intercept them there; this plan, however, failed, and he left them when
they insisted on going 'a private way over the fording bridge towards
Moyles Court,' sending word, however, to Colonel Penruddock that they
were at the house.
Dunne told him that the men he was to guide had 'half a score of
thousands of pounds a year a piece.' 'He' (Dunne) 'told me he had a very
fine booty for his part, and that he should never want money again, that
I should be very well paid, and he gave me half-a-crown.'
Dunne is recalled, and denies that he gave Carpenter a letter or spoke
to Barter of the wealth of the men he was to guide.
LORD CHIEF-JUSTICE--Then one thing more, Did you not tell him
that you told my lady when she asked whether he was acquainted
with this concern, that he knew nothing of the business?
DUNNE--My lord, I did tell him so.
LORD CHIEF-JUSTICE--Did you so? Then you and I must have a
little further discourse: Come now and tell us what business was
that? and tell it us so, that a man may understand and believe
that thou dost speak truth.
DUNNE--Does your lordship ask what that business was?
LORD CHIEF-JUSTICE--Yes, it is a plain question; what was that
business that my lady asked thee, whether the other man knew;
and then you answered her, that he did know nothing of it? (Then
he paused awhile.)
LORD CHIEF-JUSTICE--Remember, friend, thou art upon thy oath;
and remember, withall that it is not thy life, but thy soul that
is now in danger; therefore I require from thee a plain answer
to a very plain question: what was that business my lady
enquired after, whether the other fellow knew, and thou toldest
her, he did not? [Dunne made no answer, but stood musing
awhile.]
LORD CHIEF-JUSTICE--He is studying and musing how he shall
prevaricate; but thou hadst better tell the truth, friend;
remember what thou hast said already; thou hast said that thou
didst tell that man, that the lady asked you, whether he knew
anything of the business, and thou toldest her, he did not? Now
I would know what that business was. [Still he made no answer,
but seemed to muse.]
LORD CHIEF-JUSTICE--Look thee, if thou canst not comprehend what
I mean, I will repeat it to thee again; for thou shalt see what
countryman I am,[58] by my telling my story over twice;
therefore I ask thee once again. Thou sayedst thy lady asked
thee, whether he knew of the business: and thou toldest her he
did not. Now let us know what that business was?
DUNNE--I cannot mind it, my lord, what it was.
LORD CHIEF-JUSTICE--But mind me, prithee: Thou didst tell that
honest man there, that my lady Lisle asked thee, whether he
knew anything of the business, and thou saidest no. What was
that business?
DUNNE--That business that Barter did not know of?
LORD CHIEF-JUSTICE--Yes, that is the business; be ingenuous,
tell the truth: Oh! how hard the truth is to come out of a lying
Presbyterian knave. Prithee, friend, consider the oath that thou
hast taken, and that thou art in the presence of a God that
cannot endure a lie, nor whose holiness will not admit him to
dispense with a lie; consider that that God is an infinite being
of purity, holiness and truth; and it would be inconsistent with
his being to dispense with the least untruth; and thou hast
called him to witness, that thou wouldest testify the truth, the
whole truth, and nothing but the truth. I charge thee,
therefore, as thou wilt answer it to that God of truth, and that
thou mayest be called to do, for aught I know, the very next
minute, and there thou wilt not be able to palliate the truth;
what was that business you and my lady spoke of?--[Then he
paused for half a quarter of an hour, and at last said--]
DUNNE--I cannot give an account of it, my lord.
Jeffreys continued for a long time to use and repeat every possible kind
of threat without being able to draw anything from Dunne; at last
LORD CHIEF-JUSTICE--Why, prithee, dost thou think thou dost thy
lady a kindness by this way of proceeding? Sure thou canst not
think so; for such a sort of carriage were enough to convict
her, if there were nothing else.
DUNNE--Truly, my lord, I do think not to do her any kindness at
all.
LORD CHIEF-JUSTICE--Then prithee, let me persuade thee to have
some kindness for thyself; look to thy own soul that is in great
peril of everlasting ruin and destruction by these means; dost
thou call this religion? It is a prodigious piece of religion!
Come pray tell me what business it was that you talked of? You
should not have asked me a question so often, but I would have
given you a plain answer, though I were under the obligation of
an oath as you are.
DUNNE--My lord, pray ask the question again once more and I will
tell you.
LORD CHIEF-JUSTICE--I will so, and I will ask it you with all
the calmness, and seriousness, and candour, that I can; if I
know my own heart, it is not in my nature to desire the hurt of
anybody, much less to delight in their eternal perdition; no, it
is out of tender compassion to you, that I use all these words:
I would have thee to have some regard to thy precious and
immortal soul, which is more valuable than the whole world;
reflect upon that scripture again which I mentioned before,
which must be true because it is the words of him that is truth
itself: what shall it profit a man to gain the whole world, and
lose his own soul? or what shall a man give in exchange for his
soul? If that soul of thine be taken away, what is the body fit
for, but, like a putrid carcase, to be thrust into and covered
with the dust with which it was made: therefore I ask you, with
a great desire that thou mayest free thyself from so great a
load of falshood and perjury, tell me what the business was you
told the prisoner the other man Barter did not know.
DUNNE--My lord, I told her, he knew nothing of our coming there.
LORD CHIEF-JUSTICE--Nay, nay, that can never be it, for he came
along with thee.
DUNNE--He did not know anything of my coming there till I met
him on the way.
LORD CHIEF-JUSTICE--Prithee, mind my question; sure enough thou
hadst told him whither thou wert going, or else he could not
have been thy guide; so he must needs know of thy coming there:
but what was the business thou told'st her, he did not know?
DUNNE--She asked me whether I did not know that Hicks was a
Nonconformist?
LORD CHIEF-JUSTICE--Did my lady Lisle ask you that question?
DUNNE--Yes, my lord, I told her I did not.
LORD CHIEF-JUSTICE--But that is not my question; what was that
business that he did not know?
DUNNE--It was the same thing; whether Mr. Hicks was a
nonconformist.
LORD CHIEF-JUSTICE--That cannot be all; there must be something
more in it.
DUNNE--Yes, my lord, it is all; I know nothing more.
LORD CHIEF-JUSTICE--What did she say to you when you told her,
he did not know it?
DUNNE--She did not say anything, my lord.
LORD CHIEF-JUSTICE--Why, dost thou think, that after all this
pains, that I have been at to get an answer to my question, that
thou canst banter me with such sham stuff as this? Hold the
candle to his face that we may see his brazen face.
DUNNE--My lord, I tell you the truth.
LORD CHIEF-JUSTICE--Did she ask thee whether that man knew
anything of a question she had asked thee, and that was only of
being a nonconformist?
DUNNE--Yes my lord, that was all.
LORD CHIEF-JUSTICE--That is all nonsense; dost thou imagine that
any man hereabouts is so weak as to believe thee?
DUNNE--My lord, I am so baulked, I do not know what I say
myself.
Pollexfen here recalled Barter, who said that Dunne had told him that he
had concealed the two men in his house for ten days, that it was the
best job he had ever had in his life, and that he should never lack
money again. All this Dunne denied having said; Barter, however, swore
that he repeated it to Colonel Penruddock.
_Colonel Penruddock_, being called and sworn, deposed that Barter came
to his house on Monday morning and said he had been with Dunne upon a
journey to Lady Lisle's house to get entertainment for some people. They
were going to meet him on Tuesday between nine and eleven on Salisbury
Plain, and Colonel Penruddock could take them there. He sent a servant
to take them there, who missed them; and accordingly went with soldiers
to Lady Lisle's house the next day, searched it, found Hicks and Dunne
in the Malt House, the latter having 'covered himself up with some sort
of stuff there,' and Nelthorp 'in a hole by the chimney.'
LORD CHIEF-JUSTICE--Dunne, how came you to hide yourself in the
malt-house?
DUNNE--When I heard the stir and bustle, I went through the
chamber where I lay, and came into that room where I was taken.
LORD CHIEF-JUSTICE--When thou heardst a stir and a bustle, why
wert thou afraid of anything?
DUNNE--My lord, I was frightened at the noise.
LORD CHIEF-JUSTICE--Prithee, what needst thou be afraid for,
thou didst not know Hicks nor Nelthorp? and my lady only asked
thee whether Hicks were a Nonconformist parson. Thou art a very
innocent soul, and surely need'st no occasion to be afraid.
Colonel Penruddock did not remember Barter telling him what he said he
did, but Barter said he apprehended the two men to be rebels, and 'that
Dunne told him as much.'
LORD CHIEF-JUSTICE--What do you say to that, Dunne? It seems you
told Barter that you apprehended them to be rebels?
DUNNE--I apprehend them for rebels, my Lord?
LORD CHIEF-JUSTICE--No, no, you did not apprehend them for
rebels, but you hid them for rebels. But did you say to Barter
that you took them to be rebels?
DUNNE--I take them to be rebels!
LORD CHIEF-JUSTICE--You blockhead, I ask you, did you tell him
so?
DUNNE--I tell Barter so?
LORD CHIEF-JUSTICE--Ay, is not that a plain question?
DUNNE--I am quite cluttered out of my senses; I do not know that
I say (A candle being still held nearer his nose).
LORD CHIEF-JUSTICE--But to tell the truth would rob thee of none
of thy senses, if ever thou hadst any; but it should seem that
neither thou, nor thy mistress the prisoner had any, for she
knew nothing of it neither, though she had sent for them
thither.
Colonel Penruddock continuing, said he had some difficulty in getting
admittance to Lady Lisle's house; he did not see her till after he had
brought out Hicks and Dunne; she denied that anybody else was there, but
he searched and found Nelthorp.
LORD CHIEF-JUSTICE--But she denied it [Nelthorp's being there]
first it seems?
LISLE--My lord, I hope I shall not be condemned without being
heard.
LORD CHIEF-JUSTICE--No, God forbid, Mrs. Lisle. That was a sort
of practice in your husband's time, you know very well what I
mean; but God be thanked it is not so now; the king's courts of
law never condemn without hearing.
_Downing_ being called and sworn, deposed to finding Dunne and Hicks in
the Malt-house, the former in a little hole 'where he had taken some
stuff or other to cover him.'
_Mrs. Carpenter_, the bailiff's wife, spoke to serving the men who came
on Tuesday with supper in the chamber where they lay, and to Mrs.
Lisle's presence there. _Carpenter_ spoke to Dunne's first arrival, when
he asked for entertainment for Hicks and another whom he did not know.
After the Carpenters had finished it appeared that Dunne had given way.
MR. RUMSEY--Now, my lord, Dunne says he will tell all, whether
it makes for him or against him.
LORD CHIEF-JUSTICE--Let him but tell the truth, and I shall be
satisfied.
DUNNE--Sure my lord, I never entertained these men a night in my
house in my life; but this Hicks sent that man to me to go to my
lady Lisle's, to know whether she would please to entertain him;
and when I came my lady asked me whether he had been in the army
or no? I told her I could not tell, I did not know that he was.
She then asked me if he had nobody else with him? I told her I
believed there was. This is the very truth of it, my lord. I
asked her might the men be entertained? She said they might. So
when we came to my lady Lisle's on the Tuesday night, somebody
took the two horses, I cannot tell who if I were to die; the two
went in; and after I had set up my horse, I went in along with
Carpenter up into the chamber to my lady, and to this Hicks and
Nelthorp; and when I came there, I heard my lady bid them
welcome to her house; and Mr. Carpenter or the maid, I cannot
tell which, brought in the supper, and set it on the table.
LORD CHIEF-JUSTICE--And didst thou eat or drink with them in the
room or not?
DUNNE--My lord, I will tell everything that I know; I confess I
did both eat and drink there in the room.
LORD CHIEF-JUSTICE--I pity thee with all my soul and pray to God
Almighty for thee, to forgive thee, and to the Blessed Jesus to
mediate for thee; and I pray for thee with as much earnestness,
as I would for my own soul; and I beg of thee once more, as thou
regardest thy own eternal welfare, to tell all the truth.
DUNNE--My lord, I did never know these men were in the army when
I carried the message to my lady Lisle's, nor never did
entertain them in my house in my life time, so much as one
night.
LORD CHIEF-JUSTICE--Prithee, I do not ask thee what thou didst
not, but what thou didst?
DUNNE--My lord, I will tell all I know.
LORD CHIEF-JUSTICE--What discourse had you that night at the
table in the room?
DUNNE--I cannot tell what discourse truly, my lord, there was.
LORD CHIEF-JUSTICE--Was there nothing of coming beyond seas, who
came from thence, and how they came? Come I would have it rather
the effect of thy own ingenuity, than lead thee by any questions
I can propound; come tell us what was the discourse?
DUNNE--I do not remember all the discourse.
LORD CHIEF-JUSTICE--Prithee let me ask thee one question, and
answer me it fairly; didst thou hear Nelthorp's name named in
the room?
DUNNE--My lord, I cannot tell whether he were called Nelthorp,
but it was either Crofts or Nelthorp, I am sure one of them.
LORD CHIEF-JUSTICE--Prithee, be ingenious, and let us have the
truth on it.
DUNNE--My lord, I am ingenious and will be so.
LORD CHIEF-JUSTICE--I will assure you Nelthorp told me all the
story before I came out of town.[59]
DUNNE--I think, my lord, he was called Nelthorp in the room, and
there was some discourse about him.
LORD CHIEF-JUSTICE--Ay, there was unquestionably, and I know
thou wert by, and that made me the more concerned to press upon
thee the danger of forswearing thyself.
DUNNE--My lady asked Hicks who that gentleman was, and he said
it was Nelthorp, as I remember.
LORD CHIEF-JUSTICE--Very well, and upon that discourse with
Nelthorp, which I had in town, did I give particular direction,
that the outlawry of Nelthorp should be brought down hither, for
he told me particularly of all the passages and discourses of
his being beyond sea: I would not mention any such thing as any
piece of evidence to influence this case, but I could not but
tremble to think, after what I knew, that any one should dare so
much to prevaricate with God and man, as to tell such horrid
lyes in the face of a Court.
DUNNE--What does your lordship ask me?
LORD CHIEF-JUSTICE--Come I will ask thee a plain question; was
there no discourse there about the battle, and of their being in
the army?
DUNNE--There was some such discourse, my lord.
LORD CHIEF-JUSTICE--Ay, prithee now tell us what that discourse
was.
DUNNE--My lord, I will tell you, when I have recollected it, if
you will give me time till to-morrow morning.
LORD CHIEF-JUSTICE--Nay, but we cannot stay so long, our
business must be dispatched now; but I would have all people
consider, what a reason there is, that they should be pressed to
join with me in hearty prayers to Almighty God, that this sin of
lying and perjury may never be laid at thy door. What say'st
thou? Prithee, tell us what the discourse was?
DUNNE--My lord, they did talk of fighting, but I cannot exactly
tell what the discourse was.
LORD CHIEF-JUSTICE--And thou saidst thou didst eat and drink
with them in the same room?
DUNNE--I did so, my lord, I confess it.
LORD CHIEF-JUSTICE--And it was not a little girl that lighted
thee to bed, or conducted thee in?
DUNNE--It was not a little girl.
LORD CHIEF-JUSTICE--Who was it then?
DUNNE--It was Mr. Carpenter, my lord.
LORD CHIEF-JUSTICE--And why didst thou tell us so many lyes
then? Jesu God! that we should live to see any such creatures
among mankind, nay, and among us too, to the shame and reproach
be it spoken of our nation and religion: is this that that is
called the Protestant religion, a thing so much boasted of, and
pretended to? we have heard a great deal of clamour against
Popery and dispensations; what dispensations, pray, does the
Protestant religion give for such practices as these? I pity
thee with all my soul, and pray for thee, but it cannot but make
all mankind to tremble, and be filled with horror, that such a
wretched creature should live upon the earth: Prithee be free,
and tell us what discourse there was.
DUNNE--My lord, they did talk of fighting but I cannot remember
what it was.
LORD CHIEF-JUSTICE--Did you lie with them?
DUNNE--No, my lord, I did not.
LORD CHIEF-JUSTICE--Well I see thou wilt answer nothing
ingenuously, therefore I will trouble myself no more with thee:
go on with your evidence, gentlemen.
MR. JENNINGS--My lord, we have done, we have no more witnesses.
_Mrs. Lisle_ is then called upon for her defence, and proceeds to say
that had she been tried in London Lady Abergavenny and other persons of
quality could have testified with what detestation she had spoken of the
rebellion, and that she had been in London till Monmouth was beheaded.
She had denied Nelthorp's being in the house because of her fear of the
soldiers,
who were very rude and violent and could not be restrained by
their officers from robbery and plundering my house. And I
beseech your lordship to make that construction of it; and I
humbly beg of your lordship not to harbour an ill opinion of me,
because of those false reports that go about of me relating to
my carriage towards the old king, that I was any ways consenting
to the death of King Charles I., for, my lord, that is as false
as God is true; my lord, I was not out of my chambers all the
day in which that king was beheaded, and I believe I shed more
tears for him than any woman then living did; and this the late
Countess of Monmouth, and my lady Marlborough, and my lord
chancellor Hyde, if they were alive, and twenty persons of the
most eminent quality could hear witness for me.
She did not know Nelthorp, and only took Hicks because he was a
nonconformist minister, and there being warrants out against all such,
she was willing to shelter him from them.
She then called _Creed_, who said that he heard Nelthorp say that Lady
Lisle did not know of his coming, and did not know his name, and that he
did not tell his name till he was taken.
Lady Lisle then concluded her defence by fresh protestations of her
loyalty to the King.
But though I could not fight for him myself, my son did, he was
actually in arms on the King's side in this business. I
instructed him always in loyalty, and sent him thither; it was I
that bred him up to fight for the King.
_Jeffreys_ begins his summing up by reminding the jury of the terms of
their oath and reminding them of their duty--
That not any thing can move you either to compassion of the
prisoner on the one hand, or her allegations and protestations
of innocence; nor, on the other hand, to be influenced by
anything that comes from the court, or is insinuated by the
learned counsel at the bar, but that you will entirely consider
what evidence has been given to you, and being guided by that
evidence alone, you that are judges of the fact will let us know
the truth of that fact, by a sincere and upright verdict.
He goes on to dwell on the wickedness of Monmouth's rebellion, and the
mercy of God as shown in the restoration of Charles II. and
the best of religions, the true Protestant reformed religion,
the religion established by law, which now is, and I hope will
ever remain established among us, as now professed and
practised in the Church of England.
After dwelling on this and on the blessing of having asked so steadfast
a supporter of the Church of England as James II., he proceeds to
discuss the actual facts of the case.
This person, Mrs. Lisle, the prisoner at the bar, she is accused
for receiving and harbouring this person: and gentlemen, I must
tell you for law, of which we are the judges, and not you, That
if any person be in actual rebellion against the King and
another person (who really and actually was not in rebellion)
does receive, harbour, comfort and conceal him that was such, a
receiver is as much a traitor as he who indeed bore arms: We are
bound by our oaths and consciences, to deliver and declare to
you what is law; and you are bound by your oaths and consciences
to deliver and declare to us, by your verdict, the truth of the
fact.
Gentlemen, that he [Hicks] was there in rebellion, is undeniably
and unquestionably proved: That there are sufficient testimonies
to satisfy you that this woman did receive and harbour him, is
that which is left to your consideration; and, for that the
proofs lie thus: And truly I am sorry to have occasion for
repeating the circumstances of the proof; I mean the great art
that has been used to conceal it; how difficult a thing it was
to come at it; what time has been spent in endeavouring to find
out truth in a fellow, that in defiance of all admonition,
threats and persuasion, would prevaricate and shuffle to conceal
that truth; nay lie, and forswear himself to contradict it. But
out of pure Christian charity, as I told him, so I tell you I
do heartily pray, and all good Christians I hope will join with
me in it, to the God of infinite mercy that He would have mercy
upon his soul, upon which he hath contracted so great a guilt by
the impudence of his behaviour and pertinacious obstinacy in
those falsehoods which he hath made use of in this case.
Gentlemen, I would willingly forget all his prevarications, but
I must take notice of them in short, to come to the truth. First
he says, he came upon an errand from a man, he knows not whom,
to my Lady Lisle's house; and thither he is brought by one
Barter; and when he comes there he tells her, he comes in the
name of one Hicks, who desired to be entertained there. Then she
asks the question, whether Hicks had been in the army; and he
told her he did not know; and he swears now he did not: But at
last it came out that it was to entertain Hicks and another
person; but it should seem that other persons were not named;
and Barter tells you that Hicks and another person (who
afterwards proved to be Nelthorp) are promised to be
entertained, and ordered to come in the evening. But not to go
backward and forward, as he has done in his evidence, denying
what he afterwards acknowledged that he saw anybody besides a
little girl; that he pulled down the hay out of the rack for his
horse; that he eat anything but cake and cheese that he brought
with him from home; that he was ever made to drink, or to eat or
drink in the house, or ever meddled or made with any body in the
house. At last we are told that Carpenter met with him; and came
out with a lanthorn and candle, took care of his horse, carried
him into the room where Hicks and Nelthorp were, and the
prisoner at the bar, Mrs. Lisle; there they all supped together;
there they fell into discourse; there Nelthorp's name was named,
and they talked of being in the army, and of the fight; and so
it is all come out, and makes a full and positive evidence.
But then suppose there was no more than the other evidence, and
that the fellow remain in an hardhearted obstinacy, then you are
to consider the circumstances even from his first evidence, that
this was after the rebellion was all over; for it seems during
the rebellion she was in London, and it was notoriously known
that the King's forces were in pursuit of the rebels, and this
without any positive proof would be in itself a sufficient
testimony to convice any considerate person, that she was to
conceal those she ought not to conceal; because she directed the
particular time wherein they should come, and that was at night;
and no prudent person would receive strangers in the night, and
give such directions in such a season without some extraordinary
ground for it. When they came there, she provided a supper for
them; and you see what care is taken, that the woman only is
permitted to bring that supper to the door, and the husband must
set it on the table; nobody is permitted to attend there but he.
Works of darkness always desire to be in the dark; works of
rebellion and such like, are never done in the light.
But then comes that honest fellow Barter (I call him so because
he appears so to be, and he ought to be remembered with a great
remark for his honesty), he tells you, he conducted him to the
house, and what discourse passed there in his hearing. The
prisoner asked him what countryman he was, and whether he was a
brick-maker, and promised him so many acres of land in
Carolina. The fellow upon observation and consideration, found
himself under a great load, could not eat or sleep quietly, as
men that have honest minds are uneasy under such things;
falshood and treason, and hypocrisy are a heavy load; and
blessed be God, things were by this means discovered: for he
goes and tells Col. Penruddock; and withal Dunne swears to
Barter, it was the bravest job he had ever had in his life;
whereas in the beginning of his story, he would have told you a
strange story of a black beard and I do not know what, and that
he got not one groat by it; that he gave the man 2s. 6d. out of
his own pocket, and was so industrious as when he knew the way
no farther, that he would hire one himself to shew him the way,
and all for nothing but only for the kindness he had for a black
beard.
Besides, gentlemen, I am sorry to remember something that
dropped even from the gentlewoman herself; she pretends to
religion and loyalty very much, how greatly she wept at the
death of King Charles the Martyr, and owns her great obligations
to the late King, and his royal brother; that she had not had a
being, nor any thing to maintain it for twenty years last past
but from their bounty, and yet no sooner is one in the grave,
but she forgets all gratitude and entertains those that were
rebels against his royal successor; I will not say what hand her
husband had in the death of that blessed martyr, she has enough
to answer for of her own guilt; and I must confess it ought not
one way or other to make any ingredient into this case what she
was in former times, and I told a relation of hers, a Mr.
Tipping by name, that came to me, last night, to desire that she
might not lie under some imputations that were gone abroad of
her that she rejoiced at the death of King Charles I., nor that
any false report of that nature might influence the Court or
jury against her, that it should not;--be the thing true or
false, it is of no weight one way or other in the trial of this
case, nor is she to be accountable for it.
But I must remember you of one particular, that is plain upon
this evidence, and is of very great moment in this case; that
after all these private messages and directions given to come by
night, and the kind reception they met with when they came, and
after all this care to lodge them and feed them, when Col.
Penruddock, after the discovery made by Barter, came to search
her house, then she had nobody in it truly, which is an
aggravation of the offence testified by col. Penruddock himself,
whose father likewise was a martyr, and died for his fidelity to
the crown; and who was the judge of that father we all very well
know.[60]
God Almighty is a just God, and it may be worth considering
(especially by her) how God has been pleased to make use of him
as the instrument in this business; and she would do likewise
well to consider the finger of God in working upon the heart of
that man Barter, who was employed in all this affair, and that
all the truth has been told by Nelthorp,[61] that blackest of
villains Nelthorp, that would have murdered the King and his
royal brother; that he was one of those barbarous, malicious
assassinates in that black conspiracy, and outlawed, should be
harboured, by one that pretends a love for the royal family,
and entertained and discoursed with at night about being in the
army; yet that he and that other villain Hicks, who pretends to
religion, and to be a preacher of the gospel, but is found in
rebellion, and in the company of traitors, should be denied the
next morning.
I hope they themselves are all by this time satisfied truth will
come out, and I hope you will not be deceived by any specious
pretences. Our forefathers have been deluded, but the deception
I hope is now at an end. And I must needs say if all these
witnesses that have freely discovered their knowledge, joined to
that truth which is at length drawn from that Dunne, be worthy
of any credit, it is as plain a proof as can be given, and as
evident as the sun at noon day.
Gentlemen, upon your consciences be it; the preservation of the
government, the life of the King, the safety and honour of our
religion, and the discharge of our consciences as loyal men,
good Christians, and faithful subjects, are at stake; neither
her age or her sex are to move you who have nothing else to
consider but the evidence of the fact you are to try. I charge
you therefore, as you will answer it at the bar of the last
judgment, where you and we must all appear, deliver your verdict
according to conscience and truth.
With that Great God the impartial judge there is no such thing
as respect of persons, and in our discharge of our duty in
courts of justice, he has enjoined us his creatures, that we
must have no such thing as a friend in the administration of
justice, all our friendship must be to truth, and our care to
preserve that inviolate.
LISLE--My lord, if your lordship please----
LORD CHIEF-JUSTICE--Mistress, you have had your turn, you cannot
now be heard any more after the jury is charged.
MRS. LISLE--My lord, I did not know Nelthorp, I declare it,
before he was taken.
LORD CHIEF-JUSTICE--You are not indicted for Nelthorp, but we
are not to enter into dialogues now, the jury must consider of
it.
JURY-MAN--Pray my lord, some of us desire to know of your
lordship in point of law, whether it be the same thing, and
equally treason, in receiving him before he was convicted of
treason, as if it had been after.
LORD CHIEF-JUSTICE--It is all the same, of that certainly can be
no doubt; for if in case this Hicks had been wounded in the
rebels' army, and had come to her house and there been
entertained but had died there of his wounds, and so could never
have been convicted, she had been nevertheless a traitor.[62]
Then the jury withdrew, and staying out a while the Lord
Jeffreys expressed a great deal of impatience, and said that he
wondered in so plain a case they would go from the bar, and
would have sent for them with an intimation, that if they did
not come quickly, he would adjourn, and let them lie by it all
night; but about after half-an-hour's stay, the Jury returned,
and the foreman addressed himself to the Court thus:
FOREMAN--My lord, we have one thing to beg of your lordship some
directions in, before we can give our verdict in this case; We
have some doubt upon us whether there be sufficient proof that
she knew Hicks to have been in the army.
LORD CHIEF-JUSTICE--There is as full proof as proof can be; but
you are judges of the proof, for my part I thought there was no
difficulty in it.
FOREMAN--My lord, we are in some doubt of it.
LORD CHIEF-JUSTICE--I cannot help your doubts, was there not
proved a discourse of the battle and of the army at supper time?
FOREMAN--But my lord, we are not satisfied that she had notice
that Hicks was in the army.
LORD CHIEF-JUSTICE--I cannot tell what would satisfy you; Did
she not enquire of Dunne, whether Hicks had been in the army?
and when he told her he did not know, she did not say she would
refuse him if he had been there, but ordered him to come by
night, by which it is evident she suspected it, and when he and
Nelthorp came, discoursed with them about the battle and the
army. Come, come, gentlemen, it is a plain proof.
FOREMAN--My lord, we do not remember it was proved that she did
ask any such question when they were there.
LORD CHIEF-JUSTICE--Sure you do not remember anything that has
passed! Did not Dunne tell you there was such discourse, and she
was by, and Nelthorp's name was named. But if there were no such
proof the circumstances and management of the thing is as full
of proof as can be; I wonder what it is you doubt of.
MRS. LISLE--My lord, I hope----
LORD CHIEF-JUSTICE--You must not speak now.
Then the jury laid their heads together for near a quarter of an
hour, and at length agreed, and being called over, delivered in
this verdict by the foreman.
CLERK OF ARRAIGNS--Alice Lisle, hold up thy hand. Gentlemen of
the jury, look upon the prisoner, how say ye? Is she guilty of
the treason whereof she stands indicted, or not guilty.
FOREMAN--Guilty.
CLERK OF ARRAIGNS--What goods or chattels, lands or tenements
had she?
FOREMAN--None that we know of.
CLERK OF ARRAIGNS--Look to her, jailor, she is found guilty of
high treason; and prepare yourself to die.
Then the verdict was recorded.
LORD CHIEF-JUSTICE--Gentlemen, I did not think I should have any
occasion to speak after your verdict, but finding some hesitancy
and doubt among you, I cannot but say I wonder it should come
about; for I think in my conscience the evidence was as full,
and plain as could be, and if I had been among you, and she had
been my own mother, I should have found her guilty.
Then the Court adjourned till the next morning.
The next day Lady Lisle and other prisoners were brought up to receive
sentence.
Jeffreys, after lamenting the condition of 'you Mrs. Lisle, a
gentlewoman of quality and of fortune, so far stricken in years, one who
all your life-time have been a great pretender to, and professor of,
religion, and of that religion which bears a very good name, the
Protestant religion,' goes on to point out that 'there is no religion
whatsoever (except that hypocritical profession of theirs which deserves
not the name of religion, I mean the canting, whining Presbyterian,
phanatical profession) that gives the least countenance to rebellion or
faction.' He cannot but deplore 'that in this little case so many
perjuries should be added to the crime of treason, such as for my part I
cannot but tremble to remember.' She should repent of her own false
asseverations and protestations
that you upon your salvation should pretend ignorance in the
business, when since that time, ever since last night, there has
been but too much discovered how far you were concerned: no it
is not unknown who were sent for upon the Monday night, in order
to have that rebellious seditious fellow to preach to them, what
directions were given to come through the orchard the back and
private way, what orders were given for provision and how the
horses were appointed to be disposed of.
After exhortations to all the prisoners to repent, the Court awards
that you Mrs. Lisle be conveyed from hence to the place from
whence you came, and from thence you are to be drawn on a hurdle
to the place of execution, where your body is to be burnt alive
till you be dead. And may the Lord have mercy on your soul.
The rest of the prisoners then had the usual judgment as in cases of
felony.
LORD CHIEF-JUSTICE--Look you, Mrs. Lisle, when I left his
majesty he was pleased to remit the time of all executions to
me; that whenever I found any obstinacy or impenitence I might
order the executions with what speed I should think best;
therefore Mr. Sheriff, take notice you are to prepare for this
execution of this gentlewoman this afternoon. But on that, I
give you, the prisoner, this intimation; we that are the judges
shall stay in town an hour or two; you shall have pen, ink and
paper, brought you, and if in the mean time you employ that pen,
ink and paper, and this hour or two well (you understand what I
mean) it may be you may hear further from us, in a deferring the
execution.
On the intercession of 'some divines of the church of Winchester'
execution was respited till 2nd of September; and her sentence was
afterwards commuted to beheading. She was accordingly beheaded on the
afternoon of the 2nd of September 1685 in the market-place of
Winchester.
In 1689, on the petition of her daughters Mrs. Lloyd and Mrs. Askew, her
attainder was annulled by Act of Parliament on the ground that the
verdict was 'injuriously extorted and procured by the menaces and
violences and other illegal practices of George Lord Jeffreys, baron of
Wem, then Lord Chief-Justice of the King's Bench.'[63]
FOOTNOTES:
[53] George Jeffreys, Baron Jeffreys of Wem (1648-1689), was born, of
good family, near Wrexham in Denbighshire. He was educated at
Shrewsbury, St. Paul's, Westminster, and Trinity College, Cambridge,
where he was admitted in 1662. He first practised at the Old Bailey and
the Middlesex Sessions, then held at Hicks's Hall. His learning in law
was never extensive; but his natural abilities were very great, and, as
far as one can judge from the reports, he practised cross-examination
with much more real skill than most of his contemporaries. In fact, his
cross-examinations from the bench, though scandalous and brutal to the
last degree, seem to be the earliest instances we have of the art as now
understood. He was appointed Common Serjeant in 1671, left the popular
party and was made Solicitor-General to the Duke of York in 1677, and
became Recorder of London in 1678. He did what he could to aid in the
persecutions connected with the Popish Plot, and was made Chief-Justice
of Chester in 1680. The House of Commons petitioned the King for his
removal from office in the same year, for the part he had taken in
opposing petitions for a Parliament; and he was reprimanded by the House
and resigned his Recordership the same year, but was made Chairman of
the Middlesex Sessions soon afterwards. He was the chief promoter of the
_Quo Warranto_ proceedings by which the City was deprived of its
charter, and was engaged in the prosecution of Lord Russell. He was made
Lord Chief-Justice in 1683. He presided at the trials of Algernon Sidney
and Titus Oates. He was called to the House of Lords in 1685, and tried
Richard Banks in the same year. On his return from the 'Bloody Assize'
he was made Lord Chancellor. He suggested the revival of the Court of
High Commission, and presided in it at the proceedings against Magdalen
College. He advised the trial of the Seven Bishops, and narrowly missed
being made Chancellor of the University of Oxford. On the flight of
James II. he attempted to escape disguised as a sailor, but was seized
in the Red Cow in Anchor and Hope Alley. He was removed to the Tower,
where he died, and was buried in the next grave to Monmouth. The
well-deserved detestation with which he was regarded makes it difficult
to form any just estimate of his character. Where he had no temptation
to do injustice he seems to have been a very good judge; but he had no
hesitation in doing gross injustice by detestable methods, for wholly
discreditable reasons. He is not seen quite at his worst in Alice
Lisle's trial, because she was probably guilty and Dunne was a liar; nor
is he seen at his best as a cross-examiner, because he had very good
material to go on. He has been unfortunate in attracting the notice of
popular writers such as Burnet, Campbell, and Macaulay, who have all
found him a convenient subject for picturesque abuse; and a tendency to
not too ingenious paradox diminishes the value of the work of a more
recent biographer written from the opposite point of view.
[54] Appointed Attorney-General in 1689, and Chief-Justice of the Common
Pleas in the same year. He was a prominent Whig, and at the time of this
trial had appeared for the defence in several previous State Trials,
among others that of Lord Russell, vol. ii. p. 6. He afterwards appeared
for the defence in the case of the Seven Bishops, and was well known as
an adherent of the Prince of Orange at the Revolution. He died in 1691.
[55] See his dying speech, _State Trials_, xi. 312, in which he makes no
reference to Lady Lisle.
[56] This passage with several others proves that Jeffreys had got up
the case beforehand pretty much as counsel would to-day. Cf. pp. 246,
259, 268, 273.
[57] Cf. p. 245.
[58] He was born in Denbighshire.
[59] Cf. p. 245.
[60] _Ante_, p. 239.
[61] Cf. _ante_, p. 245.
[62] Lady Lisle's attainder was afterwards reversed on the ground that
this ruling is wrong; it does not represent the present law (see
Stephen's _Digest_, art. 62), which, however, rests on a subsequent
dictum of Hale's followed by Foster, due probably to his recollection of
this case. Sir James Stephen suggests that as a matter of mere law
Jeffreys may have been right (_Hist. Crim. Law_, vol. ii. p. 234); he
also says: 'I think that this is another of the numerous instances in
which there really was no definite law at all, and in which the fact
that a particular course was taken by a cruel man for a bad purpose has
been regarded as a proof that the course taken was illegal.'--(_Ibid._,
vol. i. p. 413).
[63] Cf. with note, p. 270.
Printed by T. and A. CONSTABLE, Printers to Her Majesty at the Edinburgh
University Press
* * * * *
TRANSCRIBERS' NOTES
Pages 11, 37: Inconsistent spelling of Gawdie/Gawdy as in original.
Pages 12, 25: Inconsistent hyphenation of Durham House/Durham-House as
in original.
Pages 16, 153: Inconsistent spelling of musquets/muskets as in original.
Page 21: machiavelian standardised to Machiavelian (second occurrence).
Pages 30, 41: Inconsistent hyphenation of hearsay/hear-say as in
original.
Page 42, footnote 17: Inconsistent spelling of Amias/Amyas as in
original.
Pages 55, 97, 99, footnote 56: Inconsistent hyphenation of beforehand/
before-hand as in original.
Page 91: your's as in original.
Page 103: Repeated 'the' removed in 'Answer must be the the same'.
Page 127, footnote 30: Inconsistent spelling of Geoffry/Geoffrey as in
original.
Pages 129, 159: Inconsistent spelling of visor/vizor as in original.
Page 135: Lord-Chief Baron standardised to Lord Chief-Baron.
Page 137: latitute as in original.
Page 142: Commonweath corrected to Commonwealth.
Page 152: waved as in original.
Pages 162, 204: Inconsistent hyphenation of apiece/a-piece as in
original.
Page 164: Capell standardised to Capel (third occurrence).
Page 166: Reference to Mr. . G. Stephens as in original. It is unclear
whether there should be another initial or the full-stop (period) should
be removed.
Footnote 37: Livingtone standardised to Livingstone. Various sources
give the name as Livingstone, Livingston or Levingston.
Page 197: 'More that that' as in original.
Page 206: Inconsistency between Sheriffs and Sheriff as in original. It
is unclear whether this is an error on Col. Turner's part or in the
printed text.
Page 215: Amy Durent as printed. It should perhaps read Amy Duny.
Page 227, footnote 52: Inconsistent spelling of Brown/Browne in footnote
as in original.
Page 233: Inconsistent hyphenation of boat-man/boatman as in original.
Pages 243, 253: falshood as in original.
Pages 245, 249: Inconsistent spelling of sniveling/snivelling as in
original.
Page 254: 'after all this pains' as in original.
Pages 255, 257: Inconsistent hyphenation of Malt House/malt-house/
Malt-house as in original.
Page 266: convice as in original.
Page 271: Jeffries standardised to Jeffreys.
End of Project Gutenberg's State Trials, Political and Social, by Various
*** END OF THIS PROJECT GUTENBERG EBOOK STATE TRIALS, POLITICAL AND SOCIAL ***
***** This file should be named 27515-8.txt or 27515-8.zip *****
This and all associated files of various formats will be found in:
http://www.gutenberg.org/2/7/5/1/27515/
Produced by David Garcia, Brownfox and the Online
Distributed Proofreading Team at http://www.pgdp.net (This
book was produced from scanned images of public domain
material from the Google Print project.)
Updated editions will replace the previous one--the old editions
will be renamed.
Creating the works from public domain print editions means that no
one owns a United States copyright in these works, so the Foundation
(and you!) can copy and distribute it in the United States without
permission and without paying copyright royalties. Special rules,
set forth in the General Terms of Use part of this license, apply to
copying and distributing Project Gutenberg-tm electronic works to
protect the PROJECT GUTENBERG-tm concept and trademark. Project
Gutenberg is a registered trademark, and may not be used if you
charge for the eBooks, unless you receive specific permission. If you
do not charge anything for copies of this eBook, complying with the
rules is very easy. You may use this eBook for nearly any purpose
such as creation of derivative works, reports, performances and
research. They may be modified and printed and given away--you may do
practically ANYTHING with public domain eBooks. Redistribution is
subject to the trademark license, especially commercial
redistribution.
*** START: FULL LICENSE ***
THE FULL PROJECT GUTENBERG LICENSE
PLEASE READ THIS BEFORE YOU DISTRIBUTE OR USE THIS WORK
To protect the Project Gutenberg-tm mission of promoting the free
distribution of electronic works, by using or distributing this work
(or any other work associated in any way with the phrase "Project
Gutenberg"), you agree to comply with all the terms of the Full Project
Gutenberg-tm License (available with this file or online at
http://gutenberg.org/license).
Section 1. General Terms of Use and Redistributing Project Gutenberg-tm
electronic works
1.A. By reading or using any part of this Project Gutenberg-tm
electronic work, you indicate that you have read, understand, agree to
and accept all the terms of this license and intellectual property
(trademark/copyright) agreement. If you do not agree to abide by all
the terms of this agreement, you must cease using and return or destroy
all copies of Project Gutenberg-tm electronic works in your possession.
If you paid a fee for obtaining a copy of or access to a Project
Gutenberg-tm electronic work and you do not agree to be bound by the
terms of this agreement, you may obtain a refund from the person or
entity to whom you paid the fee as set forth in paragraph 1.E.8.
1.B. "Project Gutenberg" is a registered trademark. It may only be
used on or associated in any way with an electronic work by people who
agree to be bound by the terms of this agreement. There are a few
things that you can do with most Project Gutenberg-tm electronic works
even without complying with the full terms of this agreement. See
paragraph 1.C below. There are a lot of things you can do with Project
Gutenberg-tm electronic works if you follow the terms of this agreement
and help preserve free future access to Project Gutenberg-tm electronic
works. See paragraph 1.E below.
1.C. The Project Gutenberg Literary Archive Foundation ("the Foundation"
or PGLAF), owns a compilation copyright in the collection of Project
Gutenberg-tm electronic works. Nearly all the individual works in the
collection are in the public domain in the United States. If an
individual work is in the public domain in the United States and you are
located in the United States, we do not claim a right to prevent you from
copying, distributing, performing, displaying or creating derivative
works based on the work as long as all references to Project Gutenberg
are removed. Of course, we hope that you will support the Project
Gutenberg-tm mission of promoting free access to electronic works by
freely sharing Project Gutenberg-tm works in compliance with the terms of
this agreement for keeping the Project Gutenberg-tm name associated with
the work. You can easily comply with the terms of this agreement by
keeping this work in the same format with its attached full Project
Gutenberg-tm License when you share it without charge with others.
1.D. The copyright laws of the place where you are located also govern
what you can do with this work. Copyright laws in most countries are in
a constant state of change. If you are outside the United States, check
the laws of your country in addition to the terms of this agreement
before downloading, copying, displaying, performing, distributing or
creating derivative works based on this work or any other Project
Gutenberg-tm work. The Foundation makes no representations concerning
the copyright status of any work in any country outside the United
States.
1.E. Unless you have removed all references to Project Gutenberg:
1.E.1. The following sentence, with active links to, or other immediate
access to, the full Project Gutenberg-tm License must appear prominently
whenever any copy of a Project Gutenberg-tm work (any work on which the
phrase "Project Gutenberg" appears, or with which the phrase "Project
Gutenberg" is associated) is accessed, displayed, performed, viewed,
copied or distributed:
This eBook is for the use of anyone anywhere at no cost and with
almost no restrictions whatsoever. You may copy it, give it away or
re-use it under the terms of the Project Gutenberg License included
with this eBook or online at www.gutenberg.org
1.E.2. If an individual Project Gutenberg-tm electronic work is derived
from the public domain (does not contain a notice indicating that it is
posted with permission of the copyright holder), the work can be copied
and distributed to anyone in the United States without paying any fees
or charges. If you are redistributing or providing access to a work
with the phrase "Project Gutenberg" associated with or appearing on the
work, you must comply either with the requirements of paragraphs 1.E.1
through 1.E.7 or obtain permission for the use of the work and the
Project Gutenberg-tm trademark as set forth in paragraphs 1.E.8 or
1.E.9.
1.E.3. If an individual Project Gutenberg-tm electronic work is posted
with the permission of the copyright holder, your use and distribution
must comply with both paragraphs 1.E.1 through 1.E.7 and any additional
terms imposed by the copyright holder. Additional terms will be linked
to the Project Gutenberg-tm License for all works posted with the
permission of the copyright holder found at the beginning of this work.
1.E.4. Do not unlink or detach or remove the full Project Gutenberg-tm
License terms from this work, or any files containing a part of this
work or any other work associated with Project Gutenberg-tm.
1.E.5. Do not copy, display, perform, distribute or redistribute this
electronic work, or any part of this electronic work, without
prominently displaying the sentence set forth in paragraph 1.E.1 with
active links or immediate access to the full terms of the Project
Gutenberg-tm License.
1.E.6. You may convert to and distribute this work in any binary,
compressed, marked up, nonproprietary or proprietary form, including any
word processing or hypertext form. However, if you provide access to or
distribute copies of a Project Gutenberg-tm work in a format other than
"Plain Vanilla ASCII" or other format used in the official version
posted on the official Project Gutenberg-tm web site (www.gutenberg.org),
you must, at no additional cost, fee or expense to the user, provide a
copy, a means of exporting a copy, or a means of obtaining a copy upon
request, of the work in its original "Plain Vanilla ASCII" or other
form. Any alternate format must include the full Project Gutenberg-tm
License as specified in paragraph 1.E.1.
1.E.7. Do not charge a fee for access to, viewing, displaying,
performing, copying or distributing any Project Gutenberg-tm works
unless you comply with paragraph 1.E.8 or 1.E.9.
1.E.8. You may charge a reasonable fee for copies of or providing
access to or distributing Project Gutenberg-tm electronic works provided
that
- You pay a royalty fee of 20% of the gross profits you derive from
the use of Project Gutenberg-tm works calculated using the method
you already use to calculate your applicable taxes. The fee is
owed to the owner of the Project Gutenberg-tm trademark, but he
has agreed to donate royalties under this paragraph to the
Project Gutenberg Literary Archive Foundation. Royalty payments
must be paid within 60 days following each date on which you
prepare (or are legally required to prepare) your periodic tax
returns. Royalty payments should be clearly marked as such and
sent to the Project Gutenberg Literary Archive Foundation at the
address specified in Section 4, "Information about donations to
the Project Gutenberg Literary Archive Foundation."
- You provide a full refund of any money paid by a user who notifies
you in writing (or by e-mail) within 30 days of receipt that s/he
does not agree to the terms of the full Project Gutenberg-tm
License. You must require such a user to return or
destroy all copies of the works possessed in a physical medium
and discontinue all use of and all access to other copies of
Project Gutenberg-tm works.
- You provide, in accordance with paragraph 1.F.3, a full refund of any
money paid for a work or a replacement copy, if a defect in the
electronic work is discovered and reported to you within 90 days
of receipt of the work.
- You comply with all other terms of this agreement for free
distribution of Project Gutenberg-tm works.
1.E.9. If you wish to charge a fee or distribute a Project Gutenberg-tm
electronic work or group of works on different terms than are set
forth in this agreement, you must obtain permission in writing from
both the Project Gutenberg Literary Archive Foundation and Michael
Hart, the owner of the Project Gutenberg-tm trademark. Contact the
Foundation as set forth in Section 3 below.
1.F.
1.F.1. Project Gutenberg volunteers and employees expend considerable
effort to identify, do copyright research on, transcribe and proofread
public domain works in creating the Project Gutenberg-tm
collection. Despite these efforts, Project Gutenberg-tm electronic
works, and the medium on which they may be stored, may contain
"Defects," such as, but not limited to, incomplete, inaccurate or
corrupt data, transcription errors, a copyright or other intellectual
property infringement, a defective or damaged disk or other medium, a
computer virus, or computer codes that damage or cannot be read by
your equipment.
1.F.2. LIMITED WARRANTY, DISCLAIMER OF DAMAGES - Except for the "Right
of Replacement or Refund" described in paragraph 1.F.3, the Project
Gutenberg Literary Archive Foundation, the owner of the Project
Gutenberg-tm trademark, and any other party distributing a Project
Gutenberg-tm electronic work under this agreement, disclaim all
liability to you for damages, costs and expenses, including legal
fees. YOU AGREE THAT YOU HAVE NO REMEDIES FOR NEGLIGENCE, STRICT
LIABILITY, BREACH OF WARRANTY OR BREACH OF CONTRACT EXCEPT THOSE
PROVIDED IN PARAGRAPH F3. YOU AGREE THAT THE FOUNDATION, THE
TRADEMARK OWNER, AND ANY DISTRIBUTOR UNDER THIS AGREEMENT WILL NOT BE
LIABLE TO YOU FOR ACTUAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR
INCIDENTAL DAMAGES EVEN IF YOU GIVE NOTICE OF THE POSSIBILITY OF SUCH
DAMAGE.
1.F.3. LIMITED RIGHT OF REPLACEMENT OR REFUND - If you discover a
defect in this electronic work within 90 days of receiving it, you can
receive a refund of the money (if any) you paid for it by sending a
written explanation to the person you received the work from. If you
received the work on a physical medium, you must return the medium with
your written explanation. The person or entity that provided you with
the defective work may elect to provide a replacement copy in lieu of a
refund. If you received the work electronically, the person or entity
providing it to you may choose to give you a second opportunity to
receive the work electronically in lieu of a refund. If the second copy
is also defective, you may demand a refund in writing without further
opportunities to fix the problem.
1.F.4. Except for the limited right of replacement or refund set forth
in paragraph 1.F.3, this work is provided to you 'AS-IS' WITH NO OTHER
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR ANY PURPOSE.
1.F.5. Some states do not allow disclaimers of certain implied
warranties or the exclusion or limitation of certain types of damages.
If any disclaimer or limitation set forth in this agreement violates the
law of the state applicable to this agreement, the agreement shall be
interpreted to make the maximum disclaimer or limitation permitted by
the applicable state law. The invalidity or unenforceability of any
provision of this agreement shall not void the remaining provisions.
1.F.6. INDEMNITY - You agree to indemnify and hold the Foundation, the
trademark owner, any agent or employee of the Foundation, anyone
providing copies of Project Gutenberg-tm electronic works in accordance
with this agreement, and any volunteers associated with the production,
promotion and distribution of Project Gutenberg-tm electronic works,
harmless from all liability, costs and expenses, including legal fees,
that arise directly or indirectly from any of the following which you do
or cause to occur: (a) distribution of this or any Project Gutenberg-tm
work, (b) alteration, modification, or additions or deletions to any
Project Gutenberg-tm work, and (c) any Defect you cause.
Section 2. Information about the Mission of Project Gutenberg-tm
Project Gutenberg-tm is synonymous with the free distribution of
electronic works in formats readable by the widest variety of computers
including obsolete, old, middle-aged and new computers. It exists
because of the efforts of hundreds of volunteers and donations from
people in all walks of life.
Volunteers and financial support to provide volunteers with the
assistance they need, is critical to reaching Project Gutenberg-tm's
goals and ensuring that the Project Gutenberg-tm collection will
remain freely available for generations to come. In 2001, the Project
Gutenberg Literary Archive Foundation was created to provide a secure
and permanent future for Project Gutenberg-tm and future generations.
To learn more about the Project Gutenberg Literary Archive Foundation
and how your efforts and donations can help, see Sections 3 and 4
and the Foundation web page at http://www.pglaf.org.
Section 3. Information about the Project Gutenberg Literary Archive
Foundation
The Project Gutenberg Literary Archive Foundation is a non profit
501(c)(3) educational corporation organized under the laws of the
state of Mississippi and granted tax exempt status by the Internal
Revenue Service. The Foundation's EIN or federal tax identification
number is 64-6221541. Its 501(c)(3) letter is posted at
http://pglaf.org/fundraising. Contributions to the Project Gutenberg
Literary Archive Foundation are tax deductible to the full extent
permitted by U.S. federal laws and your state's laws.
The Foundation's principal office is located at 4557 Melan Dr. S.
Fairbanks, AK, 99712., but its volunteers and employees are scattered
throughout numerous locations. Its business office is located at
809 North 1500 West, Salt Lake City, UT 84116, (801) 596-1887, email
[email protected]. Email contact links and up to date contact
information can be found at the Foundation's web site and official
page at http://pglaf.org
For additional contact information:
Dr. Gregory B. Newby
Chief Executive and Director
[email protected]
Section 4. Information about Donations to the Project Gutenberg
Literary Archive Foundation
Project Gutenberg-tm depends upon and cannot survive without wide
spread public support and donations to carry out its mission of
increasing the number of public domain and licensed works that can be
freely distributed in machine readable form accessible by the widest
array of equipment including outdated equipment. Many small donations
($1 to $5,000) are particularly important to maintaining tax exempt
status with the IRS.
The Foundation is committed to complying with the laws regulating
charities and charitable donations in all 50 states of the United
States. Compliance requirements are not uniform and it takes a
considerable effort, much paperwork and many fees to meet and keep up
with these requirements. We do not solicit donations in locations
where we have not received written confirmation of compliance. To
SEND DONATIONS or determine the status of compliance for any
particular state visit http://pglaf.org
While we cannot and do not solicit contributions from states where we
have not met the solicitation requirements, we know of no prohibition
against accepting unsolicited donations from donors in such states who
approach us with offers to donate.
International donations are gratefully accepted, but we cannot make
any statements concerning tax treatment of donations received from
outside the United States. U.S. laws alone swamp our small staff.
Please check the Project Gutenberg Web pages for current donation
methods and addresses. Donations are accepted in a number of other
ways including checks, online payments and credit card donations.
To donate, please visit: http://pglaf.org/donate
Section 5. General Information About Project Gutenberg-tm electronic
works.
Professor Michael S. Hart is the originator of the Project Gutenberg-tm
concept of a library of electronic works that could be freely shared
with anyone. For thirty years, he produced and distributed Project
Gutenberg-tm eBooks with only a loose network of volunteer support.
Project Gutenberg-tm eBooks are often created from several printed
editions, all of which are confirmed as Public Domain in the U.S.
unless a copyright notice is included. Thus, we do not necessarily
keep eBooks in compliance with any particular paper edition.
Most people start at our Web site which has the main PG search facility:
http://www.gutenberg.org
This Web site includes information about Project Gutenberg-tm,
including how to make donations to the Project Gutenberg Literary
Archive Foundation, how to help produce our new eBooks, and how to
subscribe to our email newsletter to hear about new eBooks.
