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AS 31 CHARLES II. 16' 1319 adl kngan 10 Mr. 1 Laoudig te hath so Zakaiting to lessen
3. ujj the king's eviitalappily prevented
Ja mixterous cousesi Bae opon nie to recite
Vordig belag very long, :an time til nuw; but ; CEO with you, it shall i
daj is, lo eramine and ominais be offered you, on 2. Ir the proof of the • et siidet: it you find it
laudable liturgy of the holy church; and all the ter ye', in the style of our great master, Christ
I bumbly beseech God to give them the grace of
lear God, honour your king, be firm in your W homever, present or absent, I have ever of faith, avoid mortalsin, by frequenting the safended, I humbly desire them to forgive me ; craments of holy church, patiently bear your as for iny enemies, had I as many hearts as I persecutions and a Mictions, forgive your enehave fingers, with all those hearts would I for- mies, your suílerings are great; I say be firm in give my enemies, at leastwise, with all that sin- your faith to the end, yea, even to death, then gle beart I have, I freely forgive them all, my shall ye heap unto yourselves celestial treaneighbours that betrayed me, the persons that sures in the heavenly Jerusalem, where no thief took me, the justices that committed me, the robbeth, no moih eateth, and no rust consumwitnesses that proved against me, the jury that eth; and bave that blessed saying of the blessfound me, the judge that condemned me, and ed St. Peter, prince of the apostles, always in others whoever, that out of malice or zeal, your memory, which I heartily recommend unto covertly or openly, have been contributive to you, viz. Let none of you suffer as a murderer my condemnation; but singularly and especi- or a thief, but if as a christian let him not be ally, I forgive my capital persecutor, who hath ashamed, but glorify God in his name. been so long thirsting after my blood ; from my Now it is high time I make my addresses to soul I forgive him, and wish his soul so well, heaven, and supplicate the divine goodness in that were it in my power, I would seat him a my own behalf, by some few short and cordial seraphim in heaven, and I pray for them in the ejaculations of prayer. langu:ige of glorious St. Stephen the protomartyr; Lord, lay not this sin unto them; or bet- His prayers being ended, he was turned off.
was laid therein, nay, 3. Kabare tut probable esiwider till, because your L'em is not a convicnon, kiin accusation, in order to mafur trai: and if you do basal, neser be brougiit to biz ayna probable evidence) se tas trial by the petty teorits, be either acquitted 1:Luch as I bink is fit 1920s this time, upon this oc*** to go together, and
th you. izes were sworn, and the
ma, and after the space of rezurned, finding i Billa
o the court adjourned to *dar of April, at eight o'clock
da te same place.)
zlarissioners bere-under£ 12 v Francis North, ht. L. ist's court of cominon
alene, esq. L. C. Baron of
it si tichequer, sir Williain betwee of bis majesty's jus. srech, sir Hugh Wyndhamn, PT's justices of the commonPra, kt. of the Bath, anoo vi the comioon pleas, sir
6 of the barons of the *ble, esq. another of the
-p.eas, sir Thomas Jones ulas of ihe king's-bench, TAXA, kt, another of the Pra, sir William Dolben a rices of the king's-bench,
250. The Trial of NATHANAEL READING,* esq. for a Trespass and
Misdemeanor : 31 CHARLES II. A. D. 1679. On Wednesday the 16th of April, 1679, his | miner that hath been read, to issue out; and majesty's Commissioners of Oyer and Terminer the court thereby bath authority to inquire of, did meet at Westminster-hall, in the court of hear and determine several other offences : King's-bench, when and where the commission yet, at this present, you shall have no other in was read and proclamation for attendance be- charge then the par icilar offence recited in ing made, and the grand jury sworn, sir Jaines the Indictment in my hand. It is a crime of Butler, her majesty's Aizorney General, sud an unusual and rare nature: the indictment is chief commissioner that then appeared, give gainst Naibuei Reading; it sets forth the them their Charge thus :
plot against the king, the government and the Gentlemen,
Ichigiin establisica here by law, the horrid and His majesty, upon the Address of the lionour- pernicious mischiefs and consequences of it: able Honse of Commons, bath been pleased to it sets forth likewise, that sereral persons, (and give order for this commission of Oyer and Tero names tl.em) as Coleman, Ireland and Grove,
were triesl, condemnedl, and executed for the * He had been secretary to Nassianello, at same: that several lords in the Tower do the insurrection at Naples, about thirty years stand impeached in perliament of the said highbefore. His name occurs at p. 1135, of vol. 5. treason, and other ligin-crimes and misde
, it, bis majesty's Attorney hannes Brie, ktone of the King's *** Bata's Attorney, sir Philip vuz Iwonas Orhy, kt, and bart,
William Bowles, kt.
neaut at law, sir Charles Ives Probinson, Humphrey isinya, and Richard Gower,
e made for attendance, and
B Wing calleil, Sir Francis
ulice uitte Common Pleas,
being out of town)
meanors; and this was well known to Mr. Lord Chief Justice. You of the Grand Jury, Reading, and that notwithstanding he hath so This session is upon a particular occasion, and misbehaved himself, in endeavouring to lessen that which lay upon you was to find the bill; aud stifle (as inuch as in bim lay) the kiny's evi- and that you have done, and we do not see any dence, that if it had not been happily prevented thing further for you to do, and therefore the might have been of most unischievous conse- court discharges you from any further attende quence, I shall not take upon me to recite ance this session. tbe whole indictment to you, being very long, and not seen or perused by me till now; but
[Then Mr. Reading was sent for, and brought you shall bare the suine along with you, it'sball to the bar by captain Richardson, keeper of be read to you. Your duty is, to examine and Clerk of the Crown read the Indictment to him.]
Newgate; and silence being proclaimed, the consider of the evidence to be offered you, on tbe behalf of the king, for the proof of the Cl. of the Cr. Mr. Reading, hearken to your charge against the offender : if you find it Indictment. amount to a proof of what is laid therein, nay, “ You stand indicted by the name of NathaI must tell you, if you have but probable evi- nael Reading, late of the parish of St. Margaret, dénce, you ought to bud the bill, because your Westminster, in the county of Middlesex, esq. presentinent and verdict is not a conviciion, That whereas Edward Coleman, William Ires but in the nature of an accusation, in order to land, and John Grove, and other (unknown) brug the prisoner to a fair trial: and if you do talse traitors against our most serene lord king not find the bill, he shall never be brought to Charles 2, the 24th day of April, in the 30th his trial; but if you (aving probable evidence) year of his reign, at the parish of St. Margaret's find it, be shall receive his trial by the petty Westminster, in the county of Middlesex, bad jury; and upon the merits, be either acquired traitorously, among themselves, conspired, con or coarcted. This is as much as I think is fit sulted, and agreed, our said most serene lord for me to say to you at this time, upon this oc. the king to bring and put to death and final decasion. You may please to go together, and struction; and to move war against him our take the witnesses along with you.
lord the king, within this realm of England, and Į Then the Witnesses were sworn, and the the laws of the same realm established to change
the religion in the same kingdom rightly and by Grand-Jury withdrew, and after the space of about half an hour, returned, finding it Billa- | and alter to the superstition of the Komisla P'era. After which the court adjourned 10 church, and the government of the same kinga Thursday, the 24th day of April, at eight o'clock dom to subvert; für which certam most wicked in the morning, in the same place.]
treasons, and traitorous conspiracies, consulta
tions, and agreements aforesaid, they, the said On which day the Commissioners here-under. Coleinan, Ireland, and Grove, in due manner, named being net, viz. sir Francis North, kt. L. and according to the laws of this kingdom of C. Justice of his majesty's court of common England afterwards were attainted, and had pleas, William Mountague, esq. L. C. Baron of therefore undergone the pains of death : and his majesty's court of exchequer, sir Williain whereas William earl of Powis, Williain viscount Wylde, kt. and bart, one of bis majesty's jus. Stafford, John lord Bellasis, Henry lord Aruntices of the king's-bench, sir Hugh Wyndham, del of Warder, William lord Petre, and sir kt. one of his majesty's justices of the common- Henry Tichburn, bart. the 30th day of Novempleas, sir Robert Atkins, kt. of the Bath, ano- ber in the above said 30th year of the reign of ther of the justices of the common pleas, sir our said lord the king, at the said parish of St. Edward Thurland, kt. one of the barons of the Margaret's Westminster, in the county aforeExchequer, Vere Bertie, esq. another of the said, were of the aforesaid treasons in a lawful justices of the common-pleas, sir Thomas Jones manner accused, and thereupon, according to kt, another of the justices of the king's-bench, the due form of law, to the Tower of London sir Francis Brampston, kt. another of the (being the prison of our said lord the king) were barons of the exchequer, sir William Dolben committed, there safely to be kept, to answer kt. another of the justices of the king's-bench, the aforesaid treasons, whereof the same Wilsir William Jones, kt. bis majesty's Attorney liam earl of Powis, William viscount Stafford, General, sir Jaines Butler, kt, one of the King's John lord Bellasis, Henry lord Arundel, and Council, and the queen's Attorney, sir Philip William lord Petre in parliament, by the Coma Mathews, bart, sir Thomas Orby, kt, and bart, mons in the same parliament assembled, are im-. sir Thomas Byde, kt. sir William Bowles, kt. peached: But you the said Nathanael Reading, sir Thomas Stringer, serjeaut at law, sir Charles the aforesaid premises sufficiently knowing, and Pitfield, kt. Thomas Robiyson, Humpbrey being devilishly affected against our most sem Wyrley, Thomas Haryot, and Richard Gower, rene lord the king, your supreme and natural Esquires.
lord, and devising, and with all your might in
tending, to disturb the peace and common tran. Proclamation was made for attendance, and quillity of this realm, and the government of the Grand Inquest being called, Sir Francis the same kingdom, and the sincere religion of North, Lord Chief Justice of the Common Pleas, God in the same, rightly and by the laws of the (the Lord Chief Justice being out of town) said realm established, at your will and pleasure spoke to then, thus ;
to change and alter; and the state of this king.
te platsoever becomes of PL x date, I shall be the 2 39 sed. My Lord, upon 3*3*3 apprehension, I do matern, das a greater #r*fords of the indict= 3: Coleman, or any of the fecuted, died for ; or az e Tower stand charged *n op bed, I pray your di
is tot a Disdemeanor (for! 126) loow not:) but in ca sdm tung the indictment a cotain in it the blackest * ***** *25 guilty of. If it is
geni, w baterer should I can be indicted for it s tis indictment be found iš certainly in the eye of the 3. sagh the mercy of God!
dom, through all its parts well instituted and thanael Reading, to the said William Bedlow
L.C.J. Not Guilty, is your plea?
[Then the pannel was called over, and Proday and year last above said, did well know the information of the said treasons as afore
mnade.) said to have given, on the part of our lord the Cl. of the Cr. Mr. Reading, look to your king) upon the trial of the aforesaid Williain challenges. Will your lurdship please to have earl of Powis, William viscount Stafford, Wil- Sir John Cutler to be foreman? Jiam lord Petre, and sir Henry Tichburn, for the
L. C. J. Yes. treasons aforesaid, to be had, to lessen and Reading. My Lord, I have a very great bostifle, and to omit to give in evidence the full nour for this worthy person, Sir John Cuttruth, according to his knowledge, of the afore- ler; he is in commission of the peace, I do said treasons, against them, the said William therefore humnbly desire he may be excused at earl of Powis, William viscount Stafford, Wil this time. líam lord Petre, and sir Henry Tichburn, and L. C. J. Mr. Reading, you cannot challenge to give such evidence, as you, the said Natha- bim peremptorily in this case, it not being for pael Reading, should direct; And you, the said your life; and therefore you must shew cause Nathanael Reading, sooner and more effectually if you have any. He is not in this Commisto persuade the aforesaid William Bedlow to sion at all; and for his being in the Commislessen and stifle, and to omit to give in evidence sion of the Peace, that signifies nothing, for the full truth, according to his knowledge, we oftentimes in the circuits take them off against the said William earl of Powis, William the Bench to be Jurymen ; but if you can viscount Stafford, William lord Perre, and sir shew any cause of challenge, it must be alHenry Tichburn, upon their trials, and to give lowed you. such evidence as you, the aforesaid Nathanael Rearling. My Lord, I look upon myself inReading, would direct : You, the said Natha- dicted for Treason ; (I desire God to give me nael Reading, afterwards, on the said 29th day strength, and I am sure of your lordship's paof March, in the 31st year abovesaid, at the tience) and I look upon the Indictment which aforesaid parish of St. Margaret's Westminster, hath been read to me, and upon which I have in the said county, falsely, advisedly, corruptly, been arraigned, to be expressly treason; and and against the duty of your allegiance, unlaw- I do humbly pray your lordship’s judgment in fully did give to the same William Bedlow, fifty, it, whether it be so or not: For, my Lord, (if six pieces of coined gold of this kingdom, called your lordship please) if it be so, as I understand guineas : and also falsely, advisedly, corruptly, my own innocency, so your lordship underunlawfully; and against the duty of your alle stands my charge better than I do. And God giance, the day and year abovesaid, at the knows I have neither strength of body, nor aforesaid parish of St. Margaret's Westminster, presence of mind to manage my own defence : in the said county of Middlesex, did promise to but my happiness is, that I am alive at ihis the said Bedlow, that he, the said Bedlow, day, and am to be tried here before so honourawithin a certain time, by you, the aforesaid Na- ble a bench. My lord, I have not had the ad. thanael Reading, to the said Bedlow proposed, vantage of any council to assist me, nor the should have and receive dirers other great sums benefit of any common friend, no, not my wife of money, and other great rewards, for lessen.
I have not been able to help ing and stifling, and omitting to give in evidence myself through the great indisposition which I the full truth, according to his knowledge, of bave been under, reduced to it by that the aforesaid treasons against the said William barbarous and illegal usage which Í have earl of Powis, William viscount Stafford, Wilo had : For (my lord) I hope I may say I am liam lord Petre, and sir Henry Tichburn, and the first Englishman that in my circumstanfor giving such evidence, as you, the said Na- ces hath ever been used as I have been ;
rod (ar bord) it it be so, I 1800 | adgment whether I may TREVO ory challenge. zBcn, mu speak in due "Dento the matter of pereinparasder whether this be an ran? tor if it be, the law of your life a peremptory!
a number; and I will tell oras have something in caitis laid in the indici
sin laid so as to have made La recta ; and if you are guilty In undicted for treason, but tegner, it is favour to you, and we cannot take advantage or i de shew you that this in
$? indictment of treason, nor 3d treason be given upon you patavour life is not in danger. *tnord proditorie, which is svartments of treason: next esh all treasons are expressly
2 statote of 25 Ed. 3. Aud m b: what is contained in Resng the death of the king, in the king, and other facts Hatale. Now ifabis fact has
overt-act for the evidencstrani rour beart in coinen la the king, and the destruc
a lee it had been an indictby bring there is no reason 1.2 bed ( Proditorie ) which
Semua ma stand charged with;
onents of treason, 'tis
spreat ease and favour aces as we are DOW
15, DUSA shew cause if you
to come to me.
Al ons (with your lordship's fahanggap diaposed for the taking
to that can be shewed me,
klinicament that an in
na pelin disces can make: but
M" Teatest of misfortunes,
petsa, tlaat I am now on
and my hopes are, whatsoever becomes of my trial before your lordship. But pray (my me (the Lord's will be done,) I shall be the lord) may not I (having this favour shewed to last that ever shall beso used." My Lord, upon me, and should it be only fonnd a misdemeathe weakness of my own apprehension, I do nor) afterwards be indicted for treason? And take it, that it is as high treason, nay a greater pray (my lord) does there want any one cirtreason, and that in the words of the indict- cumstance of the formality of an indictment ment, than ever Mr. Coleman, or any of the for treason in this against me, but that one of others that have been executed, died for ; or Proditorie? the Lords now in the Tower stand charged L. C. J. No, it is not laid that you with; and therefore, my lord, I pray your di- pass the death of the king. rection in it, if it is but a misdemeanor (for Reading. Then(with your lordship's pardon) truly what the crime is I know not ;) but in I do not understand it: for the indictment construction of law, admitting the indictment does set forth, ' That Coleman and others did true, the whole daes contain in it the blackest conspire the death of the king, levying. war, treason that ever villain was guilty of. If it is the altering of religion and subversion of the so in your lordship's judgment, whatever should government; for which they justly suffered become of it now, I may be indicted for it death.' And further, as to the several lords in again ; and should this indictment be found the indictinent nientioned, they are accused for ppon me, I am as certainly in the eye of the the same treason ; ' And justly, and according law a dead man, as through the mercy of God to law sent to the Tower, to answer what they I am now alire: and (my lord) if it be so, I stand justly impeached of by the Commons desire your lordship’s judgment whether I may And it sets forth further; that I præmissa preBot be allowed a peremptory challenge. dicta satis sciens, did so and so: were there no
L. C. J. Mr. Reading, you speak in due other expression, that my lord, is expressly time, for its pertinent to the matter of peremp- treason, or no doubt misprision of treason; for, tory challenge, to consider whether this be an my lord, it does charge me that I am sutis sciens indicibent of treason? for if it be, the law particularly, suficiently well apprized of those dies allow in favour of your life a peremptory reasons they were executed for these accused. challenge to such a number; and I will tell And that I did not this out of the weakness of you, your appre bensions have something in my own apprehension, but falsly, advisedly and thein : That the fact as it is laid in the indict- maliciously. My happiness is, I shall have ment, might have been laid so as to have made your great judgments to determine this matter an indictment of treason ; and if you are guilty for me. ef this fact, and not indicted for treason, but L. C. J. Mr. Reading, you exercise great only for a misdemeanor, it is favour to you, and elocution and eloquence; but if I do apprethat of which you cannot take advantage or hend you aright, what you say is this: That the complain of. I'll now shew you that this in- Indictment sets forth, that you satis sciens of dictment is not an indictment of treason, nor those treasons did so and so, which will amount can the judgmnent of treason be given upon you to a misprision of Treason. I must tell you, for it; and so thereby your life is not in danger. there is a difference between the knowledge of First, bere is not the word proditorie, which is a treason that is secret, for the concealing of. Decessarily in all indictments of treason: next that, and endeavouring to stifle the evidence, is you must observe that all treasons are expressiy misprision of treason; but the knowing of a particularized in the statute of 25 Ed. 3. And tre:son that is revealed and discovered is knowbothing is treason but what is contained in ing no more than all the world knows; and not that act, as compassing the death of the king, laid as a fault, but to aggravate the fault afterlesying war against the king, and other facts wards charged. This discourse is nothing to meotioned in that statute. Now if this fact had the matter; if you would have our opinion, been here laid as an overt-act for the evidence whether you may afterwards be questioned for ing of the imagination of your heart in com- Treason, it is that we are not to give you; anpassing the death of the king, and the destruc- swer the Indictment as now it is: You have tion of the realm, there it had been an indict- favour enough that it is laid this way, and not Inest of treason : but being there is no treason the other. An Indictment of Treason or Misformally laid, por the word (Proditorie) which prision must not be laid so as that the crime is necessary in all indictments of treason, 'tis must be collected out of the Matter of Fact only a misdemeanor you stand charged with ; only, but it must be formally laid. How you which I must tell you is great ease and favour shall be prosecuted hereafter, must depend to you in such circumstances as we are now; upon the justice of the kingdom. We sit here and if it be so, you must shew cause if you now to determine upon what matter lies before challenge any juror.
us, and so we cannot grant you a peremptory Reading. If I may (with your lordship’s fa- challenge in this case, which is only allowed in vou) I am very highly disposed for the taking matters capitai in favour of life. of the least favours that can be shewed me, Reading. My lord, I do desire to know whe-' with the deepest acknowledgment that an in- ther this be treason or no, . That being devil. Docent man and one in distress can make: but ishly affected to the king my supreme ani na(my lord) among the greatest of misfortunes, tural lord, and intending to levy war in the this I own as my happiness, that I am now on kingdom, and to change the government, and
to alter the religion, and subvert the peace of Coleman, William Ireland, and John Grove, England ;' whether that be not treason? and other unknown persons, (traitors against
L. C. J. Mr. lieading, We will answer none our sovereign lord the king) the 24th day of of those questions: But this I will say to you, April, in the 30th year of the king, did traitor. no judgment of treason can be given upon you ously contrive the king's death, the subversion upon this indictinent; and though these acts of the government of the kingdom, and the re(if formally laid) night have been treason, yet ligion in the same kingdo'n by law established, it not being so, we must proceed as it lies be- to alter and change to the superstition of the fore us: And therefore if you have any par- Ronush Church; for which treasons they have ticula cause to challenge sir John Cutler, shew been in due inanner attainted and executed: it, and we will hear you.
And it farther lays, That whereas William earl Readiny. My lord, I have this cause, I have of Powis, William lord viscount Stafford, John been but a little me acquainted with this wor- lord Bellasis, Heory lord Arundel of Wardour, thy gontleman; but, my lord, I have seen him William lord Petre, and sir Henry Titchburn, in company with Mr. Bedlow, mine accuser, I baronet, were the 30th of November last, in á know there is not a cominon intimacy and lawful manner, accused of those Treasons, and friendship between them: I am very certain, for them committed to the Tower; and thereof my lord, that sir John hath too much honour the said Lords were and stand impeached by to do me wrong; but I do humbly desire that the Commons in parliament: The said Mr. he may have his ease, and be excused at this Reading well knowing of these things, and time: not that I do distrust bis justice, but for being devilishly affected to the king, his supreme the reasons I have hunibly offered.
and natural lord, and devising to disturb the L. C. J. Look you, Mr. Reading, your ac- peace of the kingdom, and the government and cu-ers are witnesses for the king, and are nei- religion thereof rightly established, to change ther to gain por lose by your trial; and there and alter; the state of the kingdom well instifore cannot be presumed to make any party for tuted, to subvert; and to obstruct and stifle the your conviction,
And do you challenge a discorery of these treasons, and as much as in juryman bicause he is supposed to know some him lay to shift off and retard the course of thing of the matter? For that reason the juries law and prosecutin of justice against the said are called from the neighbourhood, because lorri Powis, id Stafforu, lord Petre, and sir thy should not be wholly strangers to the faci. llerry Tiiclit m; the said Mr. Reading, the If you can shew that he hath already given bis ?on ii mail lat past, at St. Margaret's verdict by his discourse, and tha: you are al- Westminster on the part of these three last ready condemned in bis opinion, that may be mentioned wrus, uc ir Henry Titchburn, did some cause of challenge; but that he hath dis laisely, corruptly, advisedly, and against his alcoursed with weighbours as others do, it may leciance, unlawfully solicit, suborn, and endeabe he believes it, and may be he does not believe vour to persuade one Mr. William Bedlow (who it, he is now to give his verdict upon what he before had giveu information of these Treasons hcars upon oath.
against the said persons, and whom Mr. ReadRrading. My lord, I am very glad to see sir ing knew so to have done) to lessen, stifle, and John Cutier here, for I did intend to have his omit to give in evidence the full truth accordevidence for me.
ing to his knowledge of the said Treasons against L. C. J. That you may have, though he be the said three lords, and sir Henry Titchburn,
upon their trial to be bad, and to give such eviThen the Jury were sworn, and their names
dence as he the said Mr. Reading should direct; were as followeth, viz. Sir John Cutler, Joshua and against the duty of his allegiance, unlaw.
and to that purpose, falsly, corruptly, advisedly, Galliard, Edward Wilford, Thomas Henslow, Thomas Earsby, John Erle, Thomas Casse, fully did give to Mr. Bedlow 56 guineas, and Rainsford Waterhouse, Matthew Bateman, promised bim, that within a certain time (by Walter Moyle, Richard Paget, and John
ihe said Reading proposed) he should bave and Haynes, Esquires.
receive divers other great sums of money and
rewards, for lessening, stilling, and omitting to L. C. J. If sir John Cutler desires pen, ink give in evidence the full truth, according to his and paper, or any other convenience, let him knowledge of those treasons, against the said have it.
three Lords and sir Henry Titchhurn; and for Cl. of the Cr. Gentlemen of the jury, hearken giving such evidence as he should direct : And to the indictment. He stands indicted by the this is laid to be to the hinderance and suppresname of Nathanael Reading
sion of justice, in manifest contempt of the L. C. J. You need not open the Indictment, laws of this realm, to the evil example of others let the counsel do that.
in the like case offending, and against the Then Edward Ward, Esq. being of Counsel peace of our lord the king, his crown and digfor the king in this Cause, opened the Indict- nity. To this Indictment Mr. Reading hath ment.
pleaded Not Guilty. If we prove the offences
aforesaid against him, sve doubt not but you will May it please your lordship, and you gentle- find him Guilty. men of this jury, Nathaniel Reading, esq. stands Sir Creswel Levinz one of the King's Learnindicted for this offence: That whereas Edward ed Counsel in the Law, thus opened tlie charge.