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these are only to be imposed upon silly men, about it, but he must add thereto his poisonous not upon men of conscience and understanding teeth; for fear if the bullet was smooth, it And I pray God, as was said lately, by a learned ' miglit light in some part where the wound might gentleman who we all know, that all Protes-, be cured. But such is the height of some tants may be as safe from the force of your day- mens malice, that they will put all the venom gers, as they are from those of your argnments; and malice they can into their actions. I am for I dare say, that you could sooner murder sure this was so horrid a design, that nothing any man that understands the Protestant re- but a conclave of devils in hell, or a college of ligion, than to persuade him to such villanies. such jesuits as yours on earth, could bave And among those many things which prevailed thought upon. with the honest gentlemen of the jury to con- This 1 remember to you for the sake of them vict you of this horrid crime, they could not that are to live, and for the charity I have for but take uotice, that you (speaking to Ireland) you who are to die : For the sake of them that that do pretend to learning, did send into fo- are to live; for I hope when they hear, that reign parts that your fellow jesuits should take men of your persuasion dare commit those care publicly to preach, That the oaths of al- outrageous crimes, and justify them by a prinlegiance and supremacy, by which the common ciple of religion, they will not easily be seduced justice of the nation is preserved, signified no- into your opinion : And out of charity to you thing; which is a strong evidence of your de- that are to die, to persuade you to hearty resign, not only to murder the king, but subvert pentauce ; for otherwise, I must tell you, thy the government; for surely the most probable 1,500l. (speaking to Grove) or thy 30,000 way to do that, is to asperse those oaths by Masses (speaking to Pickering) will avail buc which all protestant subjects, those whom you little. And I thought fit to say this also, that call heretics, lie under an obligation of obe- it may be known that you have had the full dience to their prince. And I think it not, benefit of the laws established in England, and unfit to tell you, that you had a great favour those the best of laws; for such is not the showed to you to be tried only for the matters law of other nations : For if any protestant in contained in this Indictment; for you that are any place where the Romish religion is profest, priests must know, that there is a law in the had been but thought guilty of such crimes, he land, that would have hanged you for your very had never come to the formality and justice residence here; for if any subject born in Eng. of an arraignment, and to be tried by his peers, land shall take orders from the see of Rome, permitted to make bis defence, and hear what and afterwards come into England, and re- could be said against him ; but he had been main there 40 days, such, for that offence alone, hanged immediately, or perhaps suffered a are made traitors by act of parliament. But worse death. But you are not only beholden you are so far from being under any awe of to the happy constitution of our laws, but to thai law or submission to ir, that you dare not the more happy constitution of our religion. only come to live here in despite thereof, but for such are the admirable documents of endeavour what you can to overthrow both it, that religion we in England profess, that we and the government itself. You dare conspire dare not requite massacre for massacre, blood to murder the king; nay not only so, but you for blood. We disown and abhor all stabbing; dare make your consults thereof public. You and we are so far from reckoning that he shall dare write your names to those consults. be a saint in Heaven for assassinating a prince, You dare solicit all your party to do the like, and be prayed to in another world, that the and make all the ties of religion and conscience Protestant is required to believe, that such as (that to considering Christians are obligations to begin with murder, must end with damnation, piety and charity) as engagements either to if our blessed Lord and Saviour do not interact your villanies, or to conceal them. We pose ; nothing that man can do, Papist or think no power can dispense with us, whom Protestant, can save any man in such a case. you call heretics, to falsify our oaths, much We dare not say that our religion will permit less to break our covenant with God in the us to murder dissenters, inuch less to assassinate Holy Sacrament. Bot you, instead of making our king. that a tie and obligation to engage you to the And having thus said, let me once more as a remembrance of our Saviour, make it a snare Christian, in the name of the great God of and a gin to oblige your proselytes to the as- Heaven, beg of you for your own souls sake, sassinating kings, and murdering their subjects. be not satisfied or over-persuaded with any I am sorry with all my soul, that men who doctrine that you have preached to others, or bave bad their education here, and the benefit imbibed from others ; but believe, that no one of the good examples of others, should not can contrive the death of the king, or the overonly be led into such mischievous principles throw of the government, but the great God of themselves, but to be of that confidence in their Heaven and earth will have an account of it. persuasion, as to dare to debauch others also. And all pardons, absolutions, and the dispenI am sorry also to hear a layman should with sations that you who are priests can give to your so much malice declare, That a bullet, if round lay-brother, or that any of your superiors may and smooth, was not safe enough for him to give to you, will not serve the turn. execute his villanies by ; but he must be sure, I know not, but as I said, you may think I pot only to set his poisonous invention on work speak this to insult, I take the great God of Heaven' to witness, that I speak it with charity, hall, London, on Friday the 10th day of Jato your souls, and with great sorrow and grief nuary next, at seren of the clock in the mornin my own heart, to see men that might have ing. And all manner of persons at this seșmade theinselves happy, draw upon themselves sions of Oyer and Terminer, and gaol-deliverex so great a ruin. But since you have been so of Newgaie, holden for the city of London and fairly heard, so fairly tried and convicted, there county of Middlesex, may depart hence for is but little more to be said ; for I must tell you, this time, and give their attendance here again because it may not be thought that you had on Wednesday, the 15th day of January, ac Dot free liberty to make your full defence, seven of the clock in the morning. God save though that gentleman (speaking to Ireland) the king. semed to be surprized, he had a kind sister, And then the court broke up. that took care to bring bis witnesses ; I am so far from blaming her for it, that I do com. mend her, it was the effect of her good nature, William Ireland and John Grove were drawn

On Friday the 24th of January following, and deserves cominendation ; but speak to this from Newgate on a burdle to Tyburn, where purpose, to shew that there was no surprize they were executed according to their sentence. upon bim, por his life taken away by any such thing ; for be had a greater favour shewed Mr. Ireland made this following Speech : to bim than is usually shewn to such of- “ We come hither, as on the last theatre of feoders.

the world, and do therefore conceive we are And having thus said to you myself, we do obliged to speak. First then, we do confess, also require him whose duty it is to attend in that we pardon all and every one whatsoever, such cases, nay, I do command him in the name that have any interest, concern, or hand in our of the court, that he attend upon you to give death. Secondly, we do publicly profess and acyou all the comfortable assistance that he can knowledge, that we are here obliged, if we were for the advantage of your future state : And guilty ourselves of any treason, to declare it; Bot only so, but we will certainly take care, and that, if we knew any person faulty therein that if you will have any others come to you (although he were our father) we would detect they shall. I would not be mistaken, I do and discover him ; and as' for ourselves, we not mean any of your priests and Jesuits ; but would beg a thousand and a thousand pardons, if you will have the assistance of any Protestant both of God and man : But seeing we cannot dirides, they shall not be denied you. And I be believed, we must beg leave to commit ourhope God Almighty will please to give you par selves to the mercy of Alınighty God,and hope to don in another world, though you have offended find pardon of him through Christ. As for my beyond hopes of any in this

. I once more own part, having been twenty years in the Low assare you, all I have said is in perfect charity. Countries, and then coming orer in June I pray God forgive you for what you bave done. was twelvemonth, I had returned again, had And so there remains now only for me to pro- not I been hiudered by a fit of sickness. On pounce that sentence which by the law of the the 3d of August last I took a journey into land the court is required to do against persons Staffordshire, and did not come back to town convicted of that offence which you are con- before the 14th of September, as many can. victed of.

witness : for a hundred and more saw me in This court doth therefore award, “That you, Staffordshire ; therefore, how I should in this the prisoners at the bar, be conveyed from time be acting here treasonable stratagems, I hence to the place from whence you came, and do not well know or understand." from theoce that you be drawn to the place of Here Mr. Sheriff advertised the prisoner, be execution upon hurdles, that there you be se would do well to make better use of his time, Ferally hanged by the neck, that you be cut than to spend it in such-like expressions, for down alive, that your priry members be cut nobody would believe hin; not that they off, and your bowels taken out, and burnt in thouglit much of their time, for they would Four view, that your heads be severed from stay ; but such kind of words did arraign the your bodies, that your bodies be divided into proceedings of the court, by which they were quarters, and those quarters be disposed of at tried. · the king's pleasure : And the God of infinite Wherefore Mr. Ireland concluded, and said; mercy be merciful to your souls.”

" I do here beg of God Almighty lo shower Then the prisoners were conveyed back to down a thousand and a thousand blessings upon the Gaol by the keeper of the Gaol, accord. his majesty, on her sacred majesty, on the duke ing to custom ; and the commission was called of York, and all the royal family, and also on over, and the prisoners taken order for accord- the whole kingdom. As for those catholics that ing to law. Aod the court adjourned by pro- are here, we desire their prayers for a happy clamation thus :

passage into a better world, and that he would Cl. of Cr. Crier, make proclamation. be inerciful to all christian souls. And as for Cruer. O Yes, O'Yes, O Yes! All manner all our cnemies, we earnesty desire that God of persons that have any thing more to do at would pardon them again and again, for we tlas general sessions of the peace holden for pardon them heartily, from the bottom of our the city of London, may depart hence for this hearts; and so I beseech all good people to time, and gire their attendance at the Guild- pray for us and will us."

Then Mr. Groves said;

is a matter of great weight, I shall: therefore « We are innocent; we lose our lives wrong

consider of it, and return you an answer." Fully ; we pray to God to forgive thein that are May 25, the king sent a message to the the causers of it."

House, by Lord Russel, to let them know, that The execution of Thomas Pickering was respi- Pickering, and that the law should pass upon

he would comply with their request concerning ted for so long a time, that it occasioned an

him. Address of the House of Commons, April 27, . 1679, " That his majesty would be pleased to He was accordingly executed in pursuance order the execution of one Pickering a pri- of his sentence. Arriving at the place of exesoner in Newgate, and of divers priests and cution, be appeared to the spectators (after a Jesuits, who had been condemned by the manner very unusual to persons in his condition) judges at the Old Bailey and in the several with a countenance not only calo, sweet, and circuits, but did remain as yet unexecuted, serene, but even chearsul, smiling, and pleased; to the great emboldening of such offenders, in solemnly protesting upon his salvation, he was case they should escape without due punishi- innocent in thought, 'word, and deed, of all ment." To which the king returned this an- that was laid to his charge. Then beartily prayswer : “Gentlemen, I have always been ten- ing for his accusers and enemies, he said in der in matters of blood, which my subjects the hangman · Friend, do thy office ;' and soon have no reason to take exceptions at; But this after left the world.

246. The Trial of the Lord CORNWALLIS, before the Lords* at West

minster, for the Murder of Robert Clerk : 30 CHARLES II.

A. D. 1678.7 AFTER


Lord High Steword (lord Finch of the crown in the Chancery, on his knees, to afterwards earl of Nottingham) was ascended my lord, who delivered it to sir Thomas Fanto the High Chair of State, and sat down there shaw, clerk of the crown in the King's-Bench in, the commission was delivered by the clerk office, and he received it kneeling. Then pro

* This was a Trial in the Court of the Lord passed by him, and advanced into the court, High Steward, as to which, and the distinction which was a large tribunal erected for this purbetween it and the High Court of Parliament, pose (the whole structure extended almost from or as Mr. Justice Foster stiles it, “ The Court the stairs leading to the courts of King's-bench of our Lord the King in Parliament," see the and Chancery to the court of Common Pleas, Case of Lord Delamere, A. D. 1686, infra; but the court itself was not so large by much.) and of Earl Ferrers, A. D. 1760, infra; and The cloth of state was placed aloft in the inid Foster's Crown Law, 138. Sre also 4 Hat- dle of both sides of it, but a little behind were sell's Precedents, 197. 277, and the Appendix, built two small boxes; on the right were the No. 3.

king, the queen, the duke and duchess; the + This Case is thus reported in Jones's Rep. others were filled with persons of honour. The 54: “ The lord C. having been indicted for peers triers were seated on both sides the chair the murder of Robert Clerk mentioned in the of state, but at the distance of about five paces next preceding : The king for his trial con- from it, and a step lower on benches covered stituted Heneage lord Finch, then High Chan- with green cloth, with which the whole court cellor of England, to be Lord Iligh Steward, was likewise covered. At the peers feet sat the hac vice tantum. The trial was upon the 30th judges, some on one side and some on the other, day of June after Trinity Term, in the 28th their seats being of the same height with the year of the king. The proceedings were such foor of the court. In the middle was a place as are described by lord Coke in his Book of cut for the clerk of the crown of the King's Pleas of the Crown, chap. Treason, of the Trial bench, and for his deputy, in the lower part. of Peers; as to the summons of the peers triers, The king's council, viz. tis senior serjeant, atthe Certiorari to the Lord Chief Justice for the torney and solicitor were placed. The priindictinent, and precept to the constable of the soner was at the bar bebind them, but raised Tower of London, and other formalities there about six feet, and directly over against the mentioned. The steward was attended from chair of state. his house on the day of the trial quite to West- “ After the court was thus disposed, Cherminster, by the judges in their coaches. Sir noke, serjeant at arms, made proclamation Edward Walker, then garter king at arms, go three times, and command was made that all ing before him in his coat with the serjeants at persons, except the lords the triers, and other abans : wben he was at the great door of the peers of the realm, and the privy counsellors hall be carried till the judges were alighted out and the judges, should be uncovered. Then of their coaches, and then the chief justices the clerk of the crown read the indictment, first, and the rest according to their seniority and arraigned the prisoner, who pleaded Not

elamation was made by the Serjeant at Arms, Serjeant. O yes, O yes, 0 yes! My Lord who was Crier for the day.

High Steward of England strictly chargeth and

commandeth all manner of persons here preGuilty, and put himself upon his peers, who sent, upon pain of imprisonment, to keep were chirty-six, the greatest part of them of silence, and give ear to his majesty's commis. the most noble, of the greatesi estate, and the sion, To my Lord High Steward of England, sisest of the realm. Before any evidence was to his grace directed. given, the Lord Steward made an elegant The clerk of the crown, with his face to my speech to the triers, and exhorted the prisoner Lord High Steward, reads it thus: to be of good courage, and without fear, and Clerk of the Crown. Charles Rex Carolus to semmon all the faculties of his soul to his Secundus, &c. assistance. Then the evidence was first opened All which time my lord and the peers stood by the solicitor general, seconded by the attor up bare. ney, and concluded by serjeant Maynard, the Serjeant. God save the king. prisoner all the while behaving himself with cl. Cr. Make proclamation. humility, modesty and prudence. After the Serjeant. O yes! The king at arms, and the evidence was concluded, the lords went to coue usher of the black rod, on their knees, deliver sider and coasuk together, in the Court of the white staff to my lord, who re-delivered is Wards, as I believe, and during their absence to the usher of the black rod, who held it up biscuit and wine were distributed in the court. all the time before him. After two hours or more, the lords returned, Cl. Cr. Make proclamation. and the Lord Treasurer, in the name of his Serjeant. O yes! My Lord High Steward of fellows, prayed the advice of the Lord Steward England strictly chargeth and commandeth all and the Judges on this point, Whether a per- justices and commissioners, and all and every son's presence at and abetting of a man- person and persons to whom any writ or preskugkter, committed by another, marle him cept hath been directed for the certifying of guilty, as it was in the case of murder. To any indictment, or of any other record before which the Judges speaking, viz. those of the my Lord High Steward of England, to certify same side for themselves, and not altogether, and bring the same immediately, according to all agreed that the law was the same in case the tenor of the said writs and precepts unto of manslaughter as of murder. Then the lords them, or any of them directed, on pain and weat back, and in half an hour returned to peril as shall fall thereon. give their verdict. And being seated in their The lord chief justice of the King's-Bench places the Lord Steward spoke first to the returned his Certiorari

, and the record of the youngest lord in this manner, My lord A. is my Indictment by the grand jury of Middlesex, lord C. Guilty or not? and sn to every one, which was read by the clerk of the crown in ascending from the youngest to the first, and hæc verba. each answered in his order, Guilty or Not Cl. Cr. Virtute, &c. Guilty upon my honour. And six of them pro- L. H. Steu, Call the constable of the Tower nounced him Guilty of Manslaughter, and the to return his precept and bring forth his rest Not Guilty. This being recorded, the prisoner. Lord Steward broke the white rod (which was Cl. Cr. Make proclamation. held befure him during the whole trial) over Serjeant. O yes ! Constable of the Tower of his bead, and then the court broke up. London, return the precept to thee directed,

and bring forth the prisoner Charles lord Corn“ B. G. having been indicted for the same wallis, on pain and peril as will fall thereon. murder of Robert Clerk, with the said lord The lord lieutenant of the Tower brought in C. surrendered himself in Michaelmas Term, the prisoner, on his left-hand, with the ax be28 C. 2. and being brought to the King's fore him, borne by the deputy-lieutenant, which bench bar the same term, and arraigned, plead-be held with the edge from him, and returned ed the king's pardon, which was read, be being his precept in hæc verba. on his knees. Then Twisden, justice, observ- Cl. Cr. Virtute, &c. ed, that the pardon did not recite the indict- L. H. Stew. Call the Serjeant at Arms to ment, and that he remembered it had been

return his precept. questioned, whether a pardon after indict- Cl. Cr. Make proclamation. ment, without mentioning it, should be allowed. Serjeant. O yes ! Roger Harfnet, esq. SerBut he thought the pardon in this case was well jeant at Arms to our sovereign lord the king, enough, for it had these words, sive' (the pri- return the precept to thee directed, with the soner)' fuit indictat' sive non.' Note this par- names of all the lords and noblemen of this. don was per verba of “ felonicam interfectionem realm, peers of Charles lord Cornwallis, by

quamcunq;' with a .Non obstante the statute thee summoned, to be here this day, on pain * of R. 2, &c. and was allowed by all the and peril as will fall thereon. court, and the prisoner, after grave advice He delivered his precept returned with a given him by tbe Lord Chiet Justice and Twis- schedule annexed thus: den, discharged, and afterwards according to Cl. Cr. Virtute, &c. Make proclamation. the custom he presented gloves to all the Serjeunt. O yes! All marquisses, earls, visJedges."

counts, and barons of this realm of England, VOL, VB.


peers of Charles lord Cornwallis, which by Inesses say against you without interruption, cominandment of the Lord High Steward of and reserve what you have to say for yourself, England are summoned to appear this day, till it shall coine to your turn to make your deand to be present in Court, answer to your fence, of which I shall be sure to give you nonames, as you are called, every one upon pain tice; and when the time comes, assure yourand peril as will fall thereon.

self you shall be heard, not only with patience, Then the Pannel was called over; the num- but with candour too. ber of peers summoned were 35, in order as " And then what judgment soever my lords followeth :

will give you, yourself will (and all the world) Thomas Earl of Danby, Lord High Trea- be forced to acknowledge the justice and surer of England, &c.

equity of their judgment, and the righteousness All that appeared, answered to the call, of all their lordships proceedings." standing up bare.

Read the Indictment. Then my Lord High Steward made a speech to the prisoner at the bar thus :

Cl. Cr. Charles Lord Cornwallis, Thou Lord High Steward. My lord Cornwallis, standest indicted in the County of Middlesex, The violation of the king's peace, in the chief by the name of, &c. How sayest thou, Charles sanctuary of it, his own royal palace,* and in lord Cornwallis, Art thou guilty of this felony so high a manner as by the death of one of his and murder whereof thou standest indicted, or subjects, is a matter that must be accounted Not guilty? for. And that it may be so, it hath pleased

Lord Corn. Not guilty. the king to command this high and honourable Cl. Cr. How wilt thou be tried? court to assemble, in order to a strict and im- Ld. Curn. By God and my peers. partial enquiry.

Then my Lord High Steward addressed him. “ The wisdom of the law bath therefore self to the Lords thus : styled it the king's peace, because it is his au- L. H. Stew..“ My Lords, Your lordships thority that commands it, it is his justice that have here a member before you of your noble secures it, it is he on whom men do rely for the body, exposed to the shame of a public arraignsafety of their liberties, and their lives; in him ment, and (which to a man of honour is much they trust that a severe account shall be taken less) to the bazard both of his life and estate. of all the violences and injuries that are offered All that he hath, and ever hopes to have, his to them, and they that trust in the king can wealth, his fame, his posterity: all that is vanever be deceived.

luable to him in this world, entirely depends . It is your lordship’s great unhappiness at on your lordships judicature, who are this time to stand prisoner at the bar, under his peers, and on whom he doth freely pat the weight of no less a charge than an Indict- himself. ment of murder; and it is not to be wondered "My Lords, the privilege of this kind of at, if so great a misfortune as this be attended trial and judicature, is a part of the true greatwith some kind of confusion of face; when a ness of the English nobility: It is an eminent man sees himself become a spectacle of misery and an illustrious privilege. It is a solid point in so great a presence, and before so noble and of honour and dignity. It is a privilege' that so illustrious an assembly. But be not yet po neighbour nation ever had, and a prividismayed, my lord, for all this; let not the fears lege this nation never was without. and terrors of justice so amaze and surprize

* It is not a privilege created by the great you, as to betray those succours that your rea- Charter, but confessed and acknowledged by son would afford you, or to disarm you of those it. They look but a little way that find this helps which good discretion may administer, in the steps of the Norman conquest; for it is and which are now extremely necessary:

to be found even in the footsteps of the Saxon " It is indeed a dreadful thing to fall into the Monarchy, when Godwin earl of Kent was hands of justice, where the law is the rule, and tried by earls and barons. And it is no improbaa severe and inflexible measure both of life and ble conjecture of theirs, who do think the wisdeath. But yet it ought to be some comfort to dom of this Constitution was taken from that your lordship, that you are now to be tried by law amongst the Romans, whereby it was my lords your peers; and that now you see the made unlawful for any man to sit upon a sescales of justice are held by such noble hands, rator, that was not himself of the same order; you may be confident they will put into them a privilege, that (as learned civilians tell us) all the grains of allowance, either justice or continued with them during the reign of many honour will bear.

of the Roman emperors. But, my Lords, as “ Hearken therefore to your indictment with this is a privilege as ancient as Monarchy, so quietness and attention; observe what the wit- we have found by many old experiences, that

it cannot be taken away without the dissolaAs to striking in the palace, &c. See the tion of that government. Therefore this is one Cases of sir Edmund Knevet, ante, vol. 1, p of those many ties by which the interest of 443, of the earl of Devonshire, A. D. 1687 ; nobility, as well as their duty, have obliged them and of lord Thanet and Mr. Ferguson, A. D. to the service of the king. 1797, post. See also East's Pleas of the Crown, “ In the exercise of this privilege at this ... 8, sect, 3.

time; I know your lordships will weigh the


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