meanors; and this was well known to Mr. Reading, and that notwithstanding he hath so misbehaved himself, in endeavouring to lessen and stifle (as much as in him lay) the king's evidence, that if it had not been happily prevented might have been of most inischievous consequence. I shall not take upon me to recite the whole indictment to you, being very long, and not seen or perused by me till now; but you shall have the same along with you, it shall be read to you. Your duty is, to examine and consider of the evidence to be offered you, on the behalf of the king, for the proof of the charge against the offender: if you find it amount to a proof of what is laid therein, nay, I must tell you, if you have but probable evidence, you ought to find the bill, because your presentment and verdict is not a conviction, but in the nature of an accusation, in order to bring the prisoner to a fair trial: and if you do not find the bill, he shall never be brought to his trial; but if you (having probable evidence) find it, be shall receive his trial by the petty jury; and upon the merits, be either acquitted or convicted. This is as much as I think is fit for me to say to you at this time, upon this occasion. You may please to go together, and take the witnesses along with you,

Then the Witnesses were sworn, and the Grand-Jury withdrew, and after the space of about half an hour, returned, finding it BillaVera. After which the court adjourned to Thursday, the 24th day of April, at eight o'clock in the morning, in the same place.]

On which day the Commissioners here-undernamed being met, viz. sir Francis North, kt. L. C. Justice of his majesty's court of commonpleas, William Mountague, esq. L. C. Baron of his majesty's court of exchequer, sir William Wylde, kt. and bart, one of his majesty's justices of the king's-bench, sir Hugh Wyndham, kt. one of his majesty's justices of the commonpleas, sir Robert Atkins, kt. of the Bath, another of the justices of the common pleas, sir Edward Thurland, kt. one of the barons of the Exchequer, Vere Bertie, esq. another of the justices of the common-pleas, sir Thomas Jones kt. another of the justices of the king's-bench, Sir Francis Brampston, kt. another of the barons of the exchequer, sir William Dolben kt. another of the justices of the king's-bench, Sir William Jones, kt. bis majesty's Attorney General, sir James Butler, kt. one of the King's Council, and the queen's Attorney, sir Philip Mathews, bart, sir Thomas Orby, kt. and bart, sir Thomas Byde, kt. sir William Bowles, kt. sir Thomas Stringer, serjeant at law, sir Charles Pitfield, kt. Thomas Robinson, Humphrey Wyrley, Thomas Haryot, and Richard Gower, esquires.

Proclamation was made for attendance, and the Grand Inquest being called, Sir Francis North, Lord Chief Justice of the Common Pleas, (the Lord Chief Justice being out of town) spoke to them thus ;

Lord Chief Justice. You of the Grand Jury, This session is upon a particular occasion, and that which lay upon you was to find the bill; and that you have done, and we do not see any thing further for you to do, and therefore the court discharges you from any further attendance this session.

[Then Mr. Reading was sent for, and brought Newgate; and silence being proclaimed, the to the bar by captain Richardson, keeper of Clerk of the Crown read the Indictment to him.] Cl. of the Cr. Mr. Reading, hearken to your Indictment.

"You stand indicted by the name of Nathanael Reading, late of the parish of St. Margaret, Westminster, in the county of Middlesex, esq. That whereas Edward Coleman, William Ire land, and John Grove, and other (unknown) false traitors against our most serene lord king Charles 2, the 24th day of April, in the 30th year of his reign, at the parish of St. Margaret's Westminster, in the county of Middlesex, had traitorously, among themselves, conspired, con sulted, and agreed, our said most serene lord the king to bring and put to death and final destruction; and to move war against him our lord the king, within this realm of England, and the religion in the same kingdom rightly and by the laws of the same realm established to change and alter to the superstition of the Romish church, and the government of the same kingdom to subvert; for which certain most wicked treasons, and traitorous conspiracies, consultations, and agreements aforesaid, they, the said Coleman, Ireland, and Grove, in due manner, and according to the laws of this kingdom of England afterwards were attainted, and had therefore undergone the pains of death: and whereas William earl of Powis, William viscount Stafford, John lord Bellasis, Henry lord Arundel of Warder, William lord Petre, and sir Henry Tichburn, bart. the 30th day of November in the above said 30th year of the reign of our said lord the king, at the said parish of St. Margaret's Westminster, in the county aforesaid, were of the aforesaid treasons in a lawful manner accused, and thereupon, according to the due form of law, to the Tower of London (being the prison of our said lord the king) were committed, there safely to be kept, to answer the aforesaid treasons, whereof the same William earl of Powis, William viscount Stafford, John lord Bellasis, Henry lord Arundel, and William lord Petre in parliament, by the Commons in the same parliament assembled, are impeached: But you the said Nathanael Reading, the aforesaid premises sufficiently knowing, and being devilishly affected against our most serene lord the king, your supreme and natural lord, and devising, and with all your might intending, to disturb the peace and common tranquillity of this realm, and the government of the same kingdom, and the sincere religion of God in the same, rightly and by the laws of the said realm established, at your will and pleasure to change and alter; and the state of this king

dom, through all its parts well instituted and ordained, wholly to subvert; and to obstruct, hinder and stifle the discovery of the said treason, and as much as in you lay, the due course of law in that part to shift off, and retard in the prosecution of justice against the said William earl of Powis, William viscount Stafford, William lord Petre, and sir Henry Tichburn: You, the said Nathanael Reading, the 29th day of March, in the 31st year of our said lord the king, at the said parish of St. Margaret's Westminster, in the county aforesaid, on the part of the aforesaid William earl of Powis, William viscount Stafford, William lord Petre, and sir Henry Tichburn, falsely, advisedly, corruptly, and against the duty of your allegiance, did unlawfully solicit, suborn, and endeavour to persuade, one William Bedlow, (who, on the 29th day of March, in the said 31st year, in due manner did give information of the said treasons; and whom you, the said Reading, the day and year last above said, did well know the information of the said treasons as aforesaid to have given, on the part of our lord the king) upon the trial of the aforesaid Williain earl of Powis, William viscount Stafford, William lord Petre, and sir Henry Tichborn, for the treasons aforesaid, to be had, to lessen and stifle, and to omit to give in evidence the full truth, according to his knowledge, of the aforesaid treasons, against them, the said William earl of Powis, William viscount Stafford, William lord Petre, and sir Henry Tichburn, and to give such evidence, as you, the said Nathanael Reading, should direct; And you, the said Nathanael Reading, sooner and more effectually to persuade the aforesaid William Bedlow to lessen and stifle, and to omit to give in evidence the full truth, according to his knowledge, against the said William earl of Powis, William viscount Stafford, William lord Petre, and sir Henry Tichburn, upon their trials, and to give such evidence as you, the aforesaid Nathanael Reading, would direct: You, the said Nathanael Reading, afterwards, on the said 29th day of March, in the 31st year abovesaid, at the aforesaid parish of St. Margaret's Westminster, in the said county, falsely, advisedly, corruptly, and against the duty of your allegiance, unlawfully did give to the same William Bedlow, fiftysix pieces of coined gold of this kingdom, called guineas and also falsely, advisedly, corruptly, unlawfully, and against the duty of your allegiance, the day and year abovesaid, at the aforesaid parish of St. Margaret's Westminster, in the said county of Middlesex, did promise to the said Bedlow, that he, the said Bedlow, within a certain time, by you, the aforesaid Nathanael Reading, to the said Bedlow proposed, should have and receive divers other great sums of money, and other great rewards, for lessen ing and stifling, and omitting to give in evidence the full truth, according to his knowledge, of the aforesaid treasons against the said William earl of Powis, William viscount Stafford, William lord Petre, and sir Henry Tichburn, and for giving such evidence, as you, the said Na

thanael Reading, to the said William Bedlow should direct, to the great hindrance, obstruction, and suppression of justice, in manifest contempt of the laws of this realm, to the evil and pernicious example of all others in the like case offending; and against the peace of our lord the king, his crown and dignity, &c."

How say you, Mr. Reading, art thou Guilty of this trespass and misdemeanor, or Not Guilty? Reading. Not Guilty, in thought, word, or deed.

L.C.J. Not Guilty, is your plea?
Reading. Yes, my lord.

Cl. of the Cr. Crier, make proclamation. You good men of this county of Middlesex, summoned to appear here this day, to try the issue joined between our sovereign lord the king, and Nathanael Reading, answer to your names, and save your issues.

clamation for information in usual form was [Then the pannel was called over, and Promade.]

Cl. of the Cr. Mr. Reading, look to your challenges. Will your lordship please to have Sir John Cutler to be foreman? L. C. J. Yes.

Reading. My Lord, I have a very great honour for this worthy person, Sir John Cutler; he is in commission of the peace, I do therefore humbly desire he may be excused at this time.

L. C. J. Mr. Reading, you cannot challenge him peremptorily in this case, it not being for your life; and therefore you must shew cause if you have any. He is not in this Commission at all; and for his being in the Commission of the Peace, that signifies nothing, for we oftentimes in the circuits take them off the Bench to be Jurymen; but if you can shew any cause of challenge, it must be allowed you.

Reading. My Lord, I look upon myself indicted for Treason; (I desire God to give me strength, and I am sure of your lordship's patience) and I look upon the Indictment which hath been read to me, and upon which I have been arraigned, to be expressly treason; and I do humbly pray your lordship's judgment in it, whether it be so or not: For, my Lord, (if your lordship please) if it be so, as I understand my own innocency, so your lordship understands my charge better than I do. And God knows I have neither strength of body, nor presence of mind to manage my own defence: but my happiness is, that I am alive at this day, and am to be tried here before so honourable a bench. My lord, I have not had the advantage of any council to assist me, nor the benefit of any common friend, no, not my wife to come to me. I have not been able to help myself through the great indisposition which I have been under, reduced to it by that barbarous and illegal usage which I have had: For (my lord) I hope I may say I am the first Englishman that in my circumstances hath ever been used as I have been;

and my hopes are, whatsoever becomes of me (the Lord's will be done,) I shall be the last that ever shall be so used." My Lord, upon the weakness of my own apprehension, I do take it, that it is as high treason, nay a greater treason, and that in the words of the indictment, than ever Mr. Coleman, or any of the others that have been executed, died for; or the Lords now in the Tower stand charged with; and therefore, my lord, I pray your direction in it, if it is but a misdemeanor (for truly what the crime is I know not;) but in construction of law, admitting the indictment true, the whole dees contain in it the blackest treason that ever villain was guilty of. If it is so in your lordship's judgment, whatever should become of it now, I may be indicted for it again; and should this indictment be found upon me, I am as certainly in the eye of the law a dead man, as through the mercy of God I am now alive: and (my lord) if it be so, I desire your lordship's judgment whether I may not be allowed a peremptory challenge.

L. C. J. Mr. Reading, you speak in due time, for its pertinent to the matter of peremptory challenge, to consider whether this be an indictment of treason? for if it be, the law des allow in favour of your life a peremptory challenge to such a number; and I will tell you, your apprehensions have something in them: That the fact as it is laid in the indictment, might have been laid so as to have made an indictment of treason; and if you are guilty of this fact, and not indicted for treason, but only for a misdemeanor, it is favour to you, and that of which you cannot take advantage or complain of. I'll now shew you that this indictment is not an indictment of treason, nor can the judgment of treason be given upon you for it; and so thereby your life is not in danger. First, bere is not the word proditorie, which is necessarily in all indictments of treason: next you must observe that all treasons are expressly particularized in the statute of 25 Ed. 3. And Dothing is treason but what is contained in that act, as compassing the death of the king, levying war against the king, and other facts mentioned in that statute. Now if this fact had been here laid as an overt-act for the evidencing of the imagination of your heart in compassing the death of the king, and the destruction of the realm, there it had been an indictment of treason: but being there is no treason formally laid, nor the word (Proditorie) which is necessary in all indictments of treason, 'tis only a misdemeanor you stand charged with; which I must tell you is great ease and favour to you in such circumstances as we are now; and if it be so, you must shew cause if you challenge any juror.

Reading. If I may (with your lordship's favour) I am very highly disposed for the taking of the least favours that can be shewed me, with the deepest acknowledgment that an innocent man and one in distress can make: but (my_lord) among the greatest of misfortunes, this I own as my happiness, that I am now on

my trial before your lordship. But pray (my lord) may not I (having this favour shewed to me, and should it be only found a misdemeanor) afterwards be indicted for treason? And pray (my lord) does there want any one circumstance of the formality of an indictment for treason in this against me, but that one of Proditorie?

L. C. J. No, it is not laid that you did compass the death of the king.

:

Reading. Then (with your lordship's pardon) I do not understand it for the indictment does set forth, That Coleman and others did conspire the death of the king, levying war, the altering of religion and subversion of the government; for which they justly suffered death.' And further, as to the several lords in the indictment mentioned, they are accused for the same treason; And justly, and according to law sent to the Tower, to answer what they stand justly impeached of by the Commons? And it sets forth further; that I præmissa prædicta satis sciens, did so and so: were there no other expression, that my lord, is expressly treason, or no doubt misprision of treason; for, my lord, it does charge me that I am satis sciens particularly, sufficiently well apprized of those treasons they were executed for, these accused. And that I did not this out of the weakness of my own apprehension, but falsly, advisedly and maliciously. My happiness is, I shall have your great judgments to determine this matter for me.

L. C. J. Mr. Reading, you exercise great elocution and eloquence; but if I do apprehend you aright, what you say is this: That the Indictment sets forth, that you satis sciens of those treasons did so and so, which will amount to a misprision of Treason. I must tell you, there is a difference between the knowledge of a treason that is secret, for the concealing of that, and endeavouring to stifle the evidence, is misprision of treason; but the knowing of a treason that is revealed and discovered is knowing no more than all the world knows; and not laid as a fault, but to aggravate the fault afterwards charged. This discourse is nothing to the matter; if you would have our opinion, whether you may afterwards be questioned for Treason, it is that we are not to give you; answer the Indictment as now it is: You have favour enough that it is laid this way, and not the other. An Indictment of Treason or Misprision must not be laid so as that the crime must be collected out of the Matter of Fact only, but it must be formally laid. How you shall be prosecuted hereafter, must depend upon the justice of the kingdom. We sit here now to determine upon what matter lies before us, and so we cannot grant you a peremptory challenge in this case, which is only allowed in matters capitai in favour of life.

Reading. My lord, I do desire to know whether this be treason or no, That being devilishly affected to the king my supreme and natural lord, and intending to levy war in the kingdom, and to change the government, and