Page images
PDF
EPUB

never did.

and as the Psalmist says, I will confess my I would not: he said he would make me ; and iniquities and acknowledge all my sin. We then the Devil beat me about the head. find that Mary Magdalen had seven devils, H. Why had you not called upon God? and she came to Christ and obtained niercy: Temp. He would not let me do it, and if thou break thy league with the devil, H. You say you never hurted ships nor and make a covenant with God, thou mayest boats ; did you never ride over an arm of the also obtain mercy. If thou hast any thing to sea on a cow ? speak, speak thy mind.

Temp. No, no, master, it was she, meaning Mary. I have spoke the very truth, and Susan. can speak no more: Mr. H. I would desire When Temperance said it was Susan, she they may come by me, and confess as I have said she lied, and that she was the cause of her done.

bringing to die : for she said when she was H. Temperance Lloyd, Have you made first brought to gaol, if that she was hanged, any contract with the devil ?—Temp. No.

she would have me hanged too ; she reported H. Did he ever take any of thy blood ?

I should ride on a cow before her, which I Temp. No. H. How did he appear to thee firstor H. Susan, Did you see the shape of a where in the street? in what shape ?

bullock ? at the first time of your examination Temp. In a woful shape.

you said it was like a short black man, about H. Had he ever any carnal knowledge of the length of your arm. thee?-— Temp. No, never.

Sus. He was black, Sir. H. What did he do when he came to thee? H. Susan, Had you any knowledge of the Temp. He caused me to go and do harm. bewitching of Mr. Lutteril's child, or did you H. And did you go?

know a place called Tranton Burroughs ? Temp. I did hurt a woman sore against my

Sus. No. conscience : he carried me up to her door, H. Are you willing to have any prayers ? which was open: the woman's name was Mrs.

Then NÍr. H. prayed, whose prayer we Grace Thomas.

could not take; and they sung part of the 40th H. What caused you to do her harm ? what Psalm, at the desire of Susanna Edwards : as malice had you against her ? did she do you she mounted the ladder, she said, The Lord any harm?

Jesus speed me; though my sins be as red as Temp. No, she never did me any barm: but scarlet, the Lord Jesus can make them as white the Devil beat me about the head grievously as snow: the Lord hielp my soul. Then was because I would not kill her : but I did bruise executed. her after this fashion (laying her two hands to Mary Trembles said, Lord Jesus receive ber sides.]

my soul; Lord Jesus speed me; and then was H. Did you brnise her till the blood came also executed. out of her mouth and nose ?- Temp. No.

Temperance Lloyd said, Jesus Christ speed H. How many did you destroy and hurt ? me well: Lord forgive all my sins; Lord Temp. None but she.

Jesus Christ be merciful to my poor soul. H. Did you know any mariners that you Mr. Sheriff. You are looked on as the woman of your associates destroyed by overturning of that has debauched the other two : did you ships and boats ?

ever lie with Devils ? - Temp. No. Temp. No; I never hurt any ship, bark, or Sh. Did not you know of their coming to

gaol ?--Temp. No. H. Was it you or Susan that did bewitch Sh. Have you any thing to say to satisfy the children?

the world ? Temp. I sold apples, and the child took an Temp. I forgive them, as I desire the Lord apple from me, and the mother took the apple Jesus Christ will forgive me. The greatest from the child; for the which I was very thing I did was to Mrs. Grace Thomas; and I angry : but the child died of the small pox. desire I may be sensible of it, and that the

H. Do you know one Mr. Lutteril about Lord Jesus Christ may forgive me. The: these parts, or any of your confederates ? did Devil met me in the street, and bid me kill her you or them bewitch his child ?- Temp. No.

and because I would not, he beat me about the H. Temperance, How did you come in to head and back. hurt Mrs. Grace Thomas ? did you pass

Mr. Sh. In what shape or colour was he? through the key-hole of the door, or was the Temp. In black, like a bullock.

Sh. How do you know you did it? how Temp. The Devil did lead me up stairs, and went you in, through the key-hole, or the the door was open : and this is all the hurt door?--Temp. At the door.

Sh. Had you no discourse with the Devil ? H. How do you know it was the Devil ? Temp. Never but this day six weeks, Temp. I knew it by his eyes ?

Sh. You were charged about 12 years since, H. Had you no discourse or treaty with and did you never see the Devil but this time?

Temp. Yes, once before: I was going for Temp. No; he said I should go along with brooms, and he came to me and said, I'his poor him to destroy a woman, and I told him I woman has a great burthen ; and would help:

boat in my life.

[ocr errors]

door open?

I did.

him?

ease me of my burthen : and I said, The Lord to the Case of the Essex Witches, ante, vol. 4, had enabled me to carry it so far, and I hope p. 817, and to the Trial at Bury, vol. 6, p. 647. I shall be able to carry it further.

Fountainhall (Decisions, vol. 1, p. 304), notices Sh. Did the Devil never promise you any a Case which occurred very shortly after this thing ?- Temp. No, never.

trial of Lloyd, Trembles, and Edwards ; and Sh. Then you have served a very bad master, from his report, it seems, that the wretched who gave you nothing. Well, consider you prisoner in that case was exempted from the are just departing this world: do you believe operation of any active cruelty. “ Oct. 1st, there is a God ?-Temp. Yes.

1684, one Marion Purdy, dwelling at the West Sh. Do you believe in Jesus Christ ? Port of Edinburgh, once a milk-wife, and now

Temp. Yes ; and I pray Jesus Christ to a beggar, is apprehended as a witch, and many pardon all my sins. And so was executed. delations of malifices, by laying on diseases,

frenzies, &c. come in against her. She died

of cold and poverty in prison about the ChristThe severity with which witches had in mas; the king's Advocate giving no great woScotland been treated, may be seen in the Notes tice to such informations against witches."

287. Proceedings between the King and the City of London, ON

an Information in nature of a Quo WARRANTO,* in the King's

Bench: 33-35 CHARLES II. A. D. 1681-1683. Mich' 33 Car. 2, in B. R. Rot. 137. Sir Ro. I. To be of themselves a Body Corporate

bert Sawyer, knt. his Majesty's Attorney and Politic, by the name of Mayor and General, against the Lord Mayor, and Commonalty, and Citizens of the City of Commonalty, and Citizens of London. London.

II. To have Sheriffs Civitat' et Com' Lan. The Information in nature of a Quo Warranto

don' et Com' Midd'. and to name, elect, sets forth,

make, and constitute them. THAT the mayor, and commonalty, and citi- III. That the Mayor and Aldermen of the zens of the city of London, by the space of a said City should be Justices of the Peace, month then last past, and more, used, and yet and hold Sessions of the Peace, do claim to bave and use, without any lawful warrant, or regal grant, within the city of All which Liberties, Privileges, and Fran. London aforesaid, and the liberties and privi. chises, the said Mayor and Commonalty, and leges of the same city, the liberties and privi. Citizens of London, upon the King did by the leges following, viz.

space aforesaid usurp, and yet do usurp. • The court,” says Burnet, “ finding students and barristers : But that had been laid that the city of London could not be wrought aside ever since Hale's time. on to surrender their Charter, resolved to have “The judgment now given was, that a city it condemned by a judgment in the King's- might forfeit its charter; that the male-ter: bench. Jones had died in May: So now Pol-sations of the common council were the acts of lexphen and Treby were chiefly relied on by the whole city, and that the two points set the city in this matter. Sawyer was the at- forth in the pleadings were just grounds for the torney general, a dull hot man, and forward to forfeiting of a Charter. Upon which

premisses serve all the designs of the court. He under- the proper conclusion seemed to be, that there took by the advice of Sanders, a learned but fore the city of London had forfeited their a very immoral man, to overthrow the Charter. Charter : Butthe consequences of that were When the matter was brought near judgment, much apprehended, that they did not think fit Sanders, who had laid the whole thing, was to venture on it : So they judged, that the king made chief justice. Pemberton, who was not might seize the liberties of the city. The at satisfied in the point, being removed to the com- torney general moved, contrary to wbat is mon pleas upon North's advancement. Dolben, usual in such cases, that the judgment might a judge of the King's-bench, was found not to not be recorded. And upon that new endea: be clear : So he was turned out, and Withins voors were used to bring the common couscal came in his room. When sentence was to be to deliver up their Charter : Yet that could not given, Sarders was struck with an apoplexy : be compassed, though it was brought much So he could not come into court : But he sent nearer in the numbers of the voices than was bis judgment in writing, and died a few days imagined could ever be done." 10wnTimes, 534 after. The sentence was given without the solemnity that was usual upon great occasions : Roger North is very copious upon this sob The judges were wont formerly in delivering ject. From his connection with sir Dude their opinions to make long arguments in which North, it was natural that he should feel a lively they set forth the grounds of law on which interest in the proceedings concerning the city they went, which were great instructions to the of London, during the latter part of the perigno

[ocr errors]

Plea.

have been, a body corporate and politic, by The mayor and commonalty, and citizens, of the City of London.

name of Mayor and Commopalty, and Citizens appear by their attorney, and plead,

That in Magna Charta de libertatib’ Angliæ, J. As to their being a Body Politic and Cor- in the parliament holden 9 Hen. 3, it was porate, they prescribe, and say,

enacted, Quod civitas London' habeat omnes 1. That the city of London is, and time out libertates suas antiquas, et consuetudines suas.' of mind hath been, an ancient city, and that the

That in the parliament, 1 Edw. 3, that king citizens of that city are, and by all that time by his charter De assensu Prelatorum,Comitum,

Baronum, et totius communitatis regni sui, of Charles the Second, and wherever he mentions them in his " Examen,” his partiality is thor and his fellow libellers suggest ; but from displayed in a degree which very much weak- the counties where the abuses where agrievance

insufferable. ens his testimony, though certainly the force

And for redress of them, the of his arguments such as they are is not af gentlemen of the counties applied to the king fected by it. “ Testimony,” says Boyle, is by such means as they had. The mischief lay like the skot of a long-bow, which owes its in towns that had justices of their own with efficacy to the force of the shooter ; argument clause that the justices of the country. neinis like the shot of the cross-bow, equally for- tromittant ;' so, by excluding the country jus cible, wbether discharged by a giant or a dwarf. ces, they were become the ordivary asylums

for all sorts of rogues that Aed froin the justice North's account (abusive as usual of Kennet) of the sessions, and particularly those that is as follows:

were tumultuous and seditious, and there found “ I know no transaction, in this reign, more protection. And particularly, the town of Pool disingenuously traduced, than that known by 1 in Dorsetshire was of this order, and, if I misthe word Charters; which mean the Quo take not, Taunton Dean another. Others there Warrantos brought against some corporations were in the West of England complained of; for seising their franchises into the king's and so much in earnest, that the grand juries hands for abuser of them. Whereupon, and in Dorsetshire and Devonshire, or one of them upon voluntary surrenders of some, diverse (for I do but just recollect some particulars) prenew Charters were granted, with some altera- sented these places as common nuisances. tions and restrictions. The author here distin- And, upon the application of the gentlemen to guisheth neither things, times, manners, or in the judges of assize, the matter was laid before tentions, but supposeth the worst of all alike. the king, and Quo Warranto's ordered to be And then he transcribes, out of a cankered libel, prosecuted against the chief of them. And, an hellish parcel of invectives against the go- upon that sume were reduced, others, knowing vernment, upon that occasion; wherein all themselves to be obnoxious, submitted ; and orders are scandalized, the holy scriptures and then their Charters came to be surrendered, and religion brought in to compliment the infernal new ones granted in lieu of them. In which sarcasm, and then concludes with panegyric ; no alterations were made, but such as respected but it is bestowed upon attainted rebels and re- the law, and the good government of the counbellion. This frustrum of a libel is grafted into try ; such as laying the towns open to the bis pious History, as an account of that remark- justices of the counties, if they found cause to able proceeding, where every one may read interpose there, and to act with the justices of what I care not to repeat.

the place, and sometimes to be of the body, “ But, as to the matter itself, I think I may and capable of the offices of authority in the distinguish it into three orders, which I term corporations. And if any honest Englishman 1. Quo Warranto's. 2. Surrenders. 3. Regu- can be of opinion that such changes were not lations. Which partition may be marked. 1. much for the better, especially as to diverse good, 2. indifferent, and bad. First, by factious, or rather mercenary, corporations, I Quo Warranto's I mean such as were ordered must crave leave to differ from him. And this against those corporations that had enormously method was observed in most instances of that offended by breach of bis majesty's laws, and reign, without any of the bideous characters who set up the authority of their trust, not for which the faction, now in our latter times, have the due execution of, but for the protecting bestowed upon it. And I limit this division of a from, the law, persons that were notorious of- laudable proceeding, without any abuse at all, fenders against it; and out of this list I will not until the time that sir George Jefferies was except the great city of London itself, as may Lord Chief Justice of the King's bench, and appear with good reason afterwards. And, sworn of the privy council, which let him into within this view, and going no farther, I must the means, as his way was, to push things beaffirm that there never was a piece of more ne- yond their due bounds. cessary justice in the English state, nor more “ And, after that time, the abuse began to beneficial to all the people in general, than the grow, but not to any great inconvenience, and, prosecuting those Quo Warranto's was. And for that reason, I give this class the character to shew there was absolute need of it, I affirm of indifferent. Divers inducements then also that the first overture was not from the brought in charters to be surrendered in order court, nor from such black designs as the au- to the renewal of them. For it being observed

VOL. VIII.

3 X

and by authority of the same parliament, hay- | authority aforesaid, That the same citizens jog recited that the same citizens, at the time shall have their liberties according to Magna of the making Magna Charta, and also in the Charta. And that for any personal trespass time of Edward the Confessor, William the alicujus ministri ejusdem civitatis, libertas Conqueror, and other his progenitors, had di- * civitatis illius in manus ejusdem Domini vers liberties and customs, wills and grants by Regis Edw. 3, vel heredum suorum, non that such compliments of the towus were saw or knew, as we did, how his majesty was graciously accepted, and the prevailing with affronted by faction fastening upon the populace others to come in, was accounted good service, of those abused towns, would think neither bis and, by a sort of mode or custom, the tendency honour, government, or person safe without it. of loyalty itself was that way; this circum “ Thus far the alteration of charters, hou stance was the occasion that many towns came ever growing into abuse (I mean as to the main and took the opportunity to be remunerated nagement in the country; for the court, to do with considerable privileges, respecting their right, was very just and careful of the tows) common profit and trade, which were com- were of no desperate ill consequence. I know monly granted as they desired. And as to the it haih been in every one's mouth to object that changes made, with respect to the law and all was done to influence elections to the pargovernment of the country, the inhabitants liament; and, as the way of objectors is, they were commonly not very solicitous, but sub- run the consequences to extremity, and called mitted those matters to the king's pleasure. it packing a parliament, and corrupting the But the worst inducement was when pick- very fountain of the laws. Now if we will prothank courtiers, for ostentation of merit, fright- fess any ingenuity, we must own that, at that ed the people with the law and charges, and time, the crown bad need of a better interest procured summons of Quo Warranto to be than it had in the choice of members, to mainserved upon them; and having, by such un- tain a due balance ; that an adverse party due means, brought in the charters, set a value might not carry every thing in their mode upon themselves at court, as for so much good against the crown, as was most notoriously the şervice done. There was a memorable passage case of the Oxford and Westminster partizof this naturę. When the Lord Chief Justice ments. And it was better if it had, or could Jefferies went the Northern circuit, he had have, been done thus, than by setting up new taken upon him, and accordingly valued him- boroughs, which the king might do at pleasure. self to the king for doing great matters towards I would have folks, that ohject this, consider bringing in of charters, as it was called ; and, what is the consequence of splitting freeholds by his own contrivance (as I have very good and suborning unqualified countrymen to ferreason to guess) to procure for himself as great swear themselves to vote in a party; and who în authority in the Northern circuit (which he are the greatest traitors to the public? But what was appointed for) as was possible, the king was the harm if the best of those, interested in was persuaded to present him with a ring, pub- the county elections, had also voices in the bolicly taken with his own finger, in token of his roughs, whereby they might shew the deluded majesty's acceptance of his most eminent ser- not to say bribed towns, a better choice than vices. And this by way of precursor ; which they could, or at least would, have found for being blazoned in the Gazette, bis Jordship themselves ? I say if this bad been generally went down into the country as, from the king done, as it was not, what cause was there to Legatus a Latere, esteemed a mighty favorite : grumble? But it could not be done in the way which, together with his lofty airs, made all of renewals of charters, for these seldom touch the charters, like the walls of Jericho, fall down the right of election that goes most upon prebefore bim: and be returned lailen with sur- scription, and is the same as in London, whatrenders, the spoils of towns; which, with cer- ever becomes of the corporation. And admit the tain other performances in that voyage, not a advantage in the election of a chief magistrate subject here, adtanced bis pretensions to favour is gained to the court side by a renewal, which at court. The process was indeed pleasant : they may say will incline to his party in the the king by public favours arms a man with management and return: and will not they do power by which he doth great things, and then the same, if they come in by a faction, for fathose great things entitle bim to favour, as flow- vour of that? On which side should the baing from him, which indeed flowed from the lance turn? But hath not the king the nomie king's authority and favour shewed hiin. And so nation of all the sheriffs of counties (excepe in ihe city, upon the strength of an old drunken one) in England ? And yet no complaint was acquaintance, he seemed, and thereupon pre- then heard of injustice, nor is the parliament tended to have an interest, which procured him the more packed for all that. Extremes are the countenance ofhis majesty's favourat court; never to be argued against the sacred trust of and that turned to'a real interest in the city ; government ; for then we must have no power which in truth was the king's authority, and not to keep the peace, trust nor government at all

, his, although, (as a personal merit) he assumed that is, no liberty, property, nor security for it. But to conclude'; we are to consider here, either. For a power to do right always in: none could blame the king for desiring to put cludes a power to do wrong. I cannot bat the corporations in a better order ;. for whoever conclude this reflection with observing tirat, »

• caperetur, sed hajusmodi minister prout qua- King Edward 4. by his charter, dated 9th • litatem transgressionis puniretur.'

November, 2 Ed. 4. They plead also,

King Henry 7. by his charter, dated 23rd That in the parliament holden 7 R. 2. Om- July, 20 H. 7. nes consuetudines, libertates, franchesia, et King James 1. by his charter, dated 25th

privilegia civitatis predict tunc civibus civi- September, 6 Jac. i. • tatis illius, et eorum successoribus, licet usi King Charles 1. by his ebarter, dated 18th non fuerint, vel abusi fuerint, authoritate October, 14 C. 1. ejusdem parliamenti ratificat' fuerunt.'

King Charles 2. by his charter, dated 24th Then they plead the confirmation of several January, 15 C. 2. later kings by their charters; as of

Ac eo warranto they claim to be, and are a King Henrys. by his charter, dated 26tb body politic, &c. and traverse their usarpinge October, 23 Hen. 6.

upon the king the government, at that time, had gained a vast persons, who had been concerned in the sura strength by popular reputation, if it had gained renders and renewals of charters, from voting also a firmer legal dependance and alliance be- in elections of members to serve in parliament. tween the crown and people, so as both should These carried a retrospection into that king's have need the good will of each other, and fac- reign long before the abuses justly complained tion have had no encouragement to work the of; and when grand jury men and justices of mischief of both by creating distrusts, fears, and the peace, and soon after, most of the intellijealousies to divide them, a better service had gent loyal party had interested themselves for been done to the people of England, than when obtaining a reformation of some wretched and the Capite Tenures of estates were taken away, mercenary corporations; and the humour was and a common nuisance, the excise, planted in so general, that the few of any account in the the room of them.

nation, who were desirous to be owned for “Now, as to the last order of charters, called royalists, whether for real opinion, or following regulations, which properly belongs to the the example of others, or out of a gaiety of next reigo and so beyond my tedder, I shall behaviour on the government side, as it was a say little. But, considering that more especial mode then (and the like hath been more than counsellors and adjutants, with choice com- once since) but were all, one way or other, con missioners, messengers and spies, were insti- cerned in those affairs.' I say all these, much tuted purposely to manage corporations, for the greater and more valuable part of the nacompassing elections, and to humour the court tion, were to be swept out of their right of votand considering , who they were, it is very ing at elections all at once; and that, without strange that so much obloquy, as has been cast any summons, charge, or hearing, or any senon the church and loyal party, should fall upon tence of delict passed upon them. This must that account: for it is most certain and true have procured rare elections for the church and that the Tories, as they were called, were more monarchy. But, after diverse and great deopposite to those proceedings than the author's bates, these swinging clauses were thrown out celebrated party men were. - For (under po- of the house. Now let the indifferent judge pery) at that time, the whole machine was fa- | who were the parliament packers. But I must natic; and the design was declared to compass not forget one thing, which is for the honour a fanatic parliament. And we do not find that of some of the bishops, then newly deprised, after the happy revolution, any of the persons, who in the former reign, hazarded their perwho had acted notoriously at the head of those sons and estates (then Hourishing) for the demishapen counsels, fell under any question or fence of the Church of England against: Popunishment for example to others, and the pery: Now, although deprived of all exercise very inventors and ringleaders were not so of authority and revenues, employed their enmuch as spoke to about it. Whilst the good sir deavours to preserve it against the fanatics. John Moor, and sir D. North, &c. were scru- For they directed their conversation all they tinated over and over again ; and, if they had could (and they had nothing else left them) to not been beyond all exceptions candid in all that make gentlemen sensible of the design and they did, as regular magistrates in the city, large scope of this project, and one of them in they had been trounced for it: and even the particular procured the writer of these papers ashes of the dead were not let rest in peace. to publish a small pamphlet, while the matter So far hath gross partiality and animosity to do was depending, to expose the wretchedness of in popular factious times of clamour.

these clauses, which many thought went a . But one attempt, which failed, shews the great way in creating a right understanding design of those persons who had been in the of them. For the promoters were very factious list against king Charles 2. For, in- angry, and caused 10 be wrote an invective stead of calling to an account their own friends by way of answer, letting fly, at all adventures, the regulators, who were hot and reeking, against a noble peer (lately created of Guernbeing, by the revolution, but just driven from sey) supposed to be the author of it, with as their work, they took an occasion to offer to much justice as all the rest. the parliament, by way of rider, two clauses ; “ So much of the business of charters at the effect of whom was to disable all those large. I might have made myself work

« PreviousContinue »