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finsk loert: you desire now to
, that they may see there bet fair proceedings in all en oo it is our opinion, that ayting of this matter that like case before you, it is fit for e the Indictment; and you
247] STATE TRIALS, 33 CHARLES II. 1681.–Proceedings against (248 DIE TRIALS, 33 CHARLE of the court therein; which Mr. Justice Jones Cl. of Crown. It is not subscribed by any a pe to bad this indictment or
5. Ha pesterday of some scruples alone thought not fit to give, but ordered them body. to attend next day when the court was full. Jurors. But we do all own it, my lord.
Ein eta Joxes when you were And accordingly on Thursday, April 28, the L. C. J. What is it? Read it.
its a Ceart to give you the said grand jury came to the bar, and Mr. Mi- Cl. of Crown. “ We Michael Godfrey, &c. seseght not fit then to answer, chael Godfrey (brother to sir Edmundbury being sworn to serve in the grand inquest for The Truly we would have all
almaly done, that we may unGodfrey), who was their foreman, addressed the hundreds of Edmonton and Gore, in this himself thus to the Court:
county of Middlesex, &c. and being yesterday *** ill along in this matter. Mr. Godfrey. My lord, I have an humble sent for into the Court of King's-bench, by a
Him: Here was, you say, an request to make to the Court on the behalf of messenger from the said Court, to be present at a dard against Fitzharris by myself, and another on the behalf of the grand the swearing of several witnesses produced ou
kende Linds, and that ImpeachLa-metal
, which was not rejury for the county of Middlesex, of which I the behalf of our sovereign lord the king, to am foreman. This gentleman, Mr. Ward, I prove the truth of some Indictments, then it copa there was a Vote of the did beg of when I was sworn, to chuse another the hands of the Clerk of the Crown ; and ab.
Etats tilst he saould not be tried man that was fitter for the service, as being serving, that sir William Waller, Smith, and more experienced, but he would pot; and I others, were sworn to give evidence against
a may enquire concerning beg your pardon, if I should commit any fai- Edward Fitzharris, now prisoner in the Tower suading these things that before we proceed upon this Indictment before peached by the honourable House of Commons, us, that this same Fitzharris may be examined in the name of themselves, and of all the Com. about my brother's death, of which I suppose mons of England; of which, we the said Michig subjects in any matters he may know much, because in the printed chael Godfrey, &c. are part, and as jurymen, Narrative he does speak of one De Puy, who be bis judges also. We therefore humbly dewas a very active man about that murder ; and sire the opinion of this honourable Court, whehow ill a man soever he hath been, we do hope ther it be lawful and safe for us, the said Godhe hath so much truth in him, as to tell what frey, &c. (in case an Indictment of the said he knows of that borrid murder. Therefore 1 Fitzharris should be brought before us) to proHabeas Corpus to fetch him before your lord- the said Indictment, or any way to meddle with oubted to you: you cannot, ship to be examined upon that point before we it
, or proceed upon it, notwithstanding the said do proceed ; that is all as to myself. My lord, Impeachment, and Votes pursuant to it by the as to the Jury, we do all of us humbly present said honourable House of Commons ? And this this Paper, and desire it may be read in Court. being a great point in law, and of so great a
L. C. Justice... (Sir Francis Pemberton.) consequence for us to undertake in a point of What is it ? a petition ?
right not settled by conference, and remaining
yet undetermined in the high Court of Parliano more to Fitzharris : but Hawkins the mi- ment.-We therefore humbly desire the opi nister of the Tower took him into his manage- nion of this Court upon the whole matter, Whe. ment; and prevailed with him not only to deny ther legally and safely we may proceed to find all his former discovery, but to lay it on Clay- the indictment of Fitzharris, or no." ton, Treby, and the sherills, as a subornation Mr. Godfrey. My lord, we do humbly desire of theirs, though it was evident that was in the resolution of the Court in this matter, as a possible to be true. Yet at ihe same time he thing of weight; for we are between two mill
do the contrary. And this writ letters to his wife, who was not then ad- stones, as we apprehend it, and shall be ground mitted to him, which I saw and read, in which between them. he told her, how he was practised upon with L. C. J. Look you, gentlemen of the jury, the hopes of life. He charged her to swear we do not apprehend so. falsely against none: one of these was writ Attorney General. (Sir Robert Sawyer.) My that very morning in which he suffered : and lord, be pleased to spare me one word: this Inyet before he was led out he signed a new dictment was tendered to this grand jury yespaper containing the former charge of subor- terday, and this gentleman was against acceptnation, and put it in Hawkins's hands. Anding the bill, till he had your judgment, and so at Tyburn he referred all he had to say to that were two more; but for all that, the body of paper, which was immediately published: but them carried it, (all but these three) to hear the the falsehood of it was so very notorious, that Evidence: whereupon Mr. Solicitor and myself beteg, nem. cor, were all it shewed what a sort of man Hawkins was: did go on upon the evidence, and spent some yet he was soon after rewarded for this with time in opening it to them, and it was all giren; baif the Indictment be the deaury of Chichester. But when the court to them; and truly the gentlemen did seem to heard what letters Fitzharris had writ to his be abundantly satisfied what an horrid villainy wife they were confounded : and all further it was, and we did think they would have discourse about him was stifled. But the court found the bill : but it seems they have prepractised on her by the promise of a persion so vailed to put these scruples into the others far, that she delivered up her husband's letters heads. to them. But so many had seen them before L. C. J. Look you, Mr. Attorney, we will that, that this base practice turned much to the now enquire into that. Gentlemen of the jury, reproach of all their proceedings." 1 Burnet, you seem dissatisfied in this matter, and desire to seved for an Habeas
the opinion of the Court in it, whether you to baby of Edward Fitz497, 502, 503,
ar notice of any sach votes
(mums afterwards, if any t they will not excuse
Sergure of the matters given * kase you do not your duty; in base evidence enough given Publ the Indictment is true, di And likewise we ought to en la justice, in cases that are u Nether you nor we can
in case there be stepent; nor will they excuse I man for the breach of our
151. 69 enly as our opinions, a d all the judges of Eng
Nd bear there was a scruthe gredenen of the jury, be. sa verkis the way fair and clear, an ei tulbule to debate the matter m; wid that we were dissa
keselves, but that it might be the kingdom, that there is
in this case, as in all
so we het to take notice of
te beste evilence enough, you
We have endeavoured
your way clear.
your lordship. ki stay, and afterwards
5111801, sir Tho. Stringer,
Aby Court about the
may lawfully proceed to find this indictment or death of sir Edmundbury Godfrey. The Court Dot? We did hear yesterday of some scruples granted the writ, and said, he should be aryou made to my brother Jones when you were raigned upon the indictment against him, and sworn, and he sat in Court to give you the then they would examine him. charge, which he thought not fit then to answer, but left it till to-day. Truly we would have all brought with a strony guard to the King's
Saturday, April 30, Edward Fitzharris was things fairly and clearly done, that we may un- bench Court. derstand how we go all along in this matter. Your scruple is this : Here was, you say, an
Serj. Stringer. Your lorvlship hath been Impeachment offered against Fitzharris by pleased to grant an Habeas Corpus for Fitzthe Commons to the Lords, and that Impeach - | harris, and he is brought up, and attends here. ment was of high-treason, which was not re- L. C. J. We will send for Mr. Attorney, ceived, and thereupon there was a Vote of the brother. House of Commons that he should not be tried Serj. Jefferies. I beg this of your lordship, that by any other interior Court: you desire now to you will be pleased to stay a little ; I know know whether you may enquire concerning not how he comes to be brought up here ; Mr. this treason, notwithstanding these things that Attorney, it seems, says, he knows nothing have passed thus ?
of it. Mr. Godfrey. Yes, my lord.
L. C. J. Well, well ; send for Mr. AttorL. C. J. We are very ready and willing toney, brother, and hear what he says. satisiy any of the king's subjects in any matters Which being done, and Mr. Attorney come in judgment before us, that they may see there shall be nothing brit fair proceedings in all in, the prisoner was brought to the bar. cases : we do tell you it is our opinion, that
Serj. Stringer. My lord, I would humbly notwithstanding any thing of this matter that move he may be brought into Court to be exayou suggest in the case before you, it is fit for mined before he be arraigned. you to enquire upon the Indictment; and you
L. C. J. Why so ? are bound to enquire by virtue of your oaths, if
Serj. Stringer. My lord, we would have him an indictment be exhibited to you: you cannot, examined concerning sir Edmundbury Godnor ought to take any notice of any sach votes trey's death. of the House of Commons afterwards, if any
L. C. J. What matters it? That
may such there were, for they will not excuse you done after as well as before. (who are sworn to enquire of the matters given
Cl. of Cr. Edward Fitzharris, hold up thy you in charge), in case you do not your duty ;
hand. and therefore if you have evidence enoagh given
Fitsharris. My lord, I have been a close you, to satisfy you that the Indictment is true, ' prisoner these tei weeks, and have not had the you are to find it. And likewise we ought to liberty to see any one in the world : I desire I proceed according to justice, in cases that are may have liberty to see my friends, and speak bronght before us. Neither you nor we can
with them, before I do answer to any thing. take notice of these things, in case there be
Mrs. Fitzharris. My dear, plead to the juris. any such as you suggest ; nor will they excuse diction of the Court; frere is a plea drawn by us before God or man for the breach of our
counsel for you. caths, if we should do the contrary. And this
L. C. J. You had best consider well what We declare to you, not only as our opinions, you have to do. but as the opinion of all the judges of Eng
Fitzh. My lord, I desire this Paper may be land. For when we did hear there was a scru- read by the clerks. ple made by you the gentleinen of the jury, be
justice Jones. No, no : that cannot be till cause we would make the way fair and clear, you have answered to your indictment. all the judges did assenible to debate the matter Cl. of Cr. Pull off your glove, and hold up for your satisfaction; not that we were dissa- your hand. tisfied at all in it ourselves, but that it might Fitzh. My lord, I desire leave to plead to appear to you and the kingdom, that there is the jurisdiction of the Court. nothing but fairness used in this case, as in all
L. C. J. You sball have it. others; and all the judges, nem. con. were all
Fitzh. I desire this plea may be allowed. of opinion, that you are not to take notice of Justice Dolben. Hear your Indictment first, any of these things; but if the Indictment be and plead afterwards. exhibited, and you have evidenče enough, you
L: C. J. Look you, Mr. Fitzharris, let us ought to find it. This we bave endeavoured thus far direct you: your holding up of your for your satisfaction, to make your way clear. hand, and hearing the Indictment read, will not jurors. We humbly thank your lordship. hinder you from any manner of plea which
you [Then the jury went away, and afterwards you may have to make afterwards ; but
can plead nothing before.
ci. of Cr. Pull off your glove, and hold up On Friday, April 29, 1681, sir Tho. Stringer, your hand (which he did). And then the the king's serjeant at law, moved for an Habeas Clerks of the Crown real the substance of his Corpus, to bring up the body of Edward Fitz- Indictment to him in English. And then barris, to be examined by the Court about the speaking to him, said, How sayest thou, Edw.
found the bill.]
Fitzharris ? Art thou Guilty of this high-trea. præd. in forma præd. accusat. et impetit. fuit, son whereof thou standest indicted, and hast et existit, sunt unum et eadem Proditio, Crimibeen now arraigned, or Not Guilty ?
na et Offens. et non al. neque diversa, quodq; Fuzk. My lord, I offer this Plea to be read impetit. præd. adhuc in plenis suis robore, vifirst, before I answer.
'gore, et effectu remanet. L. C. J. That plea ? Take his plea : let us L. C. J. Look you, Mr. Fitzbarris, as for this see what it is. We take it to read it now. pleading here, we use not to receive such pleadJustice Jones. Not to allow it.
ing as this without a counsel's hand to it. L. C. J. Only to see what it is.
Filzh. I desire your lordship to assiga me
counsel. Cl. of the Crown reads,
L. C. J. Who would you have assigned • Et præd. Edwardus Fitzharris in propria counsel? persona sua venit et dict. quod ipse ad Indict- Fitzh. Sir William Jones, sir Francis, Win. ament. præd. modo versus eum per jurator. nington, sir George Treby, Mr. Williams, Mr. præd. in forma præd. compert. respondere Pollexfen, Mr. Wallop, and Mr. Smith. • compelli non debet, quia dicit quod ante In- L. C. J. Here are a great many you name; • dictament. præd. per jurator. præd. in forma we will not enjoin any counsel to serve you . præd. compert. scil
. ad parliam. Dom. farther than they are willing themselves. As Regis nunc inchoat. et tent. apud Oxon. for sir William Jones, one of them you desire, • in Com. Oxon. 21 Die Martii, Anno Reg. he does not practise now in Westminster-hall
, • Dom. Caroli Secundi nunc Regis Angliæ, and therefore we cannot assign you him unless
&c. Tricesimo Tertio, ipse idem Edwardus be please. • Fitzharris per Milites, Cives, et Burgens. ad
Fitxh. Then I desire sir Francis Winningidem Parliament. ad tunc et ibid. convocat. et ton, Mr. Williams, Mr. Pollexfen, Mr. Wallop. • assemblat. de et pro præd. prodition. Crimini- 1. C. J. Let them be assigned of counsel for • bus et Offens. unde ipse idem Edwardus Fitz- him. We do assign you them for counsel. • harris per Indictament. præd. modo indictat. And now, look you, Sir, you had best consider • existit secundum Legem et Consuetudinem how you plead this matter. You will do well • Parliamenti accusat. et impetit. fuit coram to think of it, lest it be more fatal to you than • Magnatibus et Proceribus hujus Regni An- you expect; therefore we will give you time
gliæ in eodem Parliamento per Summonition. to plead the matter you rest upon, let it be what • ipsius Dom. Regis ad tunc et ibid. assemblat. it will : we will give you time to have advice Quodq; impetitio præd. in plenis suis robore upon it, and you shall be brought hither again et effectu adhuc remanet, sicut per record. on Tuesday morning by rule. And in the mean • inde in Cur. Parliament. præd. remanen. ple- time things shall stand as they do; Mr. Attor• nius liquet et apparet. Et idem Edwardus ney will consider upon the putting in of your • Fitzharris ulterius dicit, quod si quis in aliquo plea, what is fit to be done upop it. • Parliamento Dom. Regis hujus Regni Angliæ Fitzh. My lord, I humbly desire the liberty • de aliquibus Proditionibus, Criminibus, et Of- to see my wife and friends in the mean time. ! fensis, per Milites, Cives, et Burgens. ad hu- L. C. I. Mr. Attorney, why may not he see
jusmodi Parliament. convocat. et assemblat. in his wife, so it be done in the presence of some • hujusmodi Parliament. accusat. et impetit. fuit person entrusted by the lieutenant, to see that . coram Magnatibus et Proceribus hujus Regni nothing be done that is prejudicial to the king? • Angliæ in eodem Parliament, per Summonit. Alt. Gen. I cannot oppose it, my Lord. • ipsius Dom. Regis assemblat. tunc hujusmodi Futzh. I desire my counsel may come to • Prodition. Crimina et Offensa de et pro quibus me. • hujusmodi persona in hujusmodi Parliament. L. C. J. Mr. Fitzharris, we will admit . accusat. et impetit. fuit in Parliament. Dom. counsel to come to you, or else it will do you • Reg. hujus Regni Angliæ audiri, triari, et ter- no good to assign them; all we can do shall be • minari debeant, et semper hactenus consue- done. • verunt, et de jure debuerunt, et non alibi in Alt. Gen. My Lord, with submission, I cor
aliqua Curia infer. quam in Parliament. Et ceive you will not allow any body to come to • hoc idem Edwardus Fitzharris parat. est ve- him, to be alone with him ; that would be the • rificare, unde non intendit quod Dominus Rex way to prevent the discovery of the practices • nunc velit in Cur. nunc híc de et pro Prodi- he is accused of: I hope, if your lordship *tion. Criminibus, et Offens. præd. responderi, shew him favour, you will do the king justice * et petit. judic. si ipse ad Indictament. præd. Fitzh. My Lord, I beg that any of those that
per jurator.præd. in forma præd. compert. ul- have been named may come to me. terius respondere compelli debeat, &c. Cum L. C. J. Yes, these four. And Mr. Attorhoc quod præd Edwardus Fitzharris verificare ney, they are gentlemen of fair credit and re. • vult, quod Proditio, Crimina, et Offens. praed. putation in the world; we have no suspicion
in Indíctament. præd. per jurator. præd. in that they will do any thing unfairly : what • forma præd. compert. speciticat. et mentionat. we can reasonably do for any man in his con• et pro quibus ipse idem Edwardus Fitzharris dition, we must do.
per Indictament. ill. modo indictat. existit, et Ati. Gen. My Lord, I am not against that, proditio, crimina et offens. pro quibus ipse but I would have all done safely and securely præd. Edwardus Fitzharris in Parliament. for the king.
Fitsh. My Lord, I have one thing more to may be somebody by, to see that nothing be beg; the time your lordships have set is so done to the king's prejudice. and your wife soon, that they cannot come to me perhaps. must do this; she must submit to be searched, L.C. J. It is long enough, Mr. Fitzharris. that she carry nothing with her that may be
Filah. If I cannot get them to come to me in prejudicial. And with these cautions we will that time, what shall I do?
admit her to come to you. LC. J. You must do what you can ; we
Lieut. of Tower. Will your lordship please Caboot enjoin them to come to you.
to give us a rule, to let his wife and counsel All. Gen. This motion of his, I fear, is de- come to him? aigued to put off his trial.
L. C. J. We do make such a rule. L.C. J. It shall not, Mr. Attorney. It is true Cl. of Cr. My lord, we will make it part it is a busy time, the middle of the term ; but of the rule. they will sure find time to dispatch this business Lieut. of Tower. We desire such a rule for within the time we have allotted. On the other our discharge. side, some time they must have to consider of L. C. J. Sir, this is our rule, and we have it: I do therefore tell him, it may be fatal and declared it to this purpose. Then as to your preremptory to him for aught I know. Indeed if matter, brother Stringer, this we will do ; Let we would insist upon it, we might compel him the lieutenant of the Tower keep Mr. Fitzto be ready presently, but that we will not in harris safely till we return out of the Exche
quer, and then we will examine him. Fitzh. Pray, my lord, give me till Thurs- Serjeant Stringer. My lord, we think it will day, if you please.
be a short business and soon over, if you please L.C.I. I know it is time enough for coun- to do it first. sel to draw up a plea between this and Tues- Filzh. My lord, I may see my wife in the
mean time, I hope. Fitzh. To-morrow is Sunday, my lord, L. C. J. Do you insist, brother, that we and they cannot come to me then ; so I shall should examine him presently? bave but one day.
Serjeant Slringer. My lord, Mr. Godfrey L. C. J. Mr. Fitzharris, it is time enough; desires it. We must not waste the term ; for as we would L. C. J. Then we will presently. shew you all the favour we can in equity and Licut. of Tower. Must his lady speak with justice, so we must not deny the king justice him ? neither. And you hear Mr. Attorney say, that L. C. J. Yes, after he is examined. Lieuthese things (if they should delay the business tenant of the Tower, bring Mr. Fitzharris Wo long) would be prejudicial to much of the into our little room, where we will take a clerk king's business. It may be, that this dilatory and examine him. plea may spend so much time of the term, that Mrs. Fitzharris, to her husband, (the court we cannot try it ; and therefore if we do give being just risen.) My dear, do not confess
any a just favour, you must not grow upon us. thing about the death of sir Edmundbury God
Att. Gen. Dr. Fitzharris knows this plea frey, nor the Plot, for you will be betrayed: hath been well advised on: There went a whole speak only to little things. club to the making of it. Pitzh. How should I know? I never saw examined, and after that to the Tower.]
[Then the Prisoner was carried away to be nor heard of it till now. I have had the severest measure in the world : I have had no body On Monday, the 2d of May, sir Francis suffered to come to me.
Winnington and the other three gentlemen asL. C. J. Do not complain of severity, Mr. signed of counsel for Mr. Fitzbarris, came to Fitzharris
. I do not believe any such thing the bar, and moved the court for an explanahath been used towards you.
tion of the rule concerning themselves, and the Fitzh. Pray, my lord, give me a little business they were assigned for. longer time.
Mr. Williams. My lord, I am to move your L. C. J. Mr. Attorney, what if we do this ? lordship in a case, wherein I am, with three He giving you the plea upon Tuesday, he may others of the gentlemen that attend this bar, come upon Wednesday morning to put it in. assigned of counsel for Mr. Fitzharris ; and Att
. Gen. I cannot oppose it, if your lord that which I would beg for myself and them, is ship think fit so to order it.
this: There is one thing we desire may be exJustice Dulben. It is fit you should have it to plained a little in the rule. I humbly apprehend see ith, Ms. Attorney, before-hand.
your lordship gare leave to the counsel, whom Justice Jones. And have some reasonable you so assigned to come to Mr. Fitzharris, time for consideration what to do upon it.
and entrusted them with the liberty of speaking L.C. J. Well, delivering of the plea on with him alone; but by the penning of the rule, Tuesday morning to Mr. Attorney, we do give we apprehend that the same restraint is put tilll Wednesday to bring it hither; and then you upon
them, that is upon other persons, to have sball come by rule again.
somebody by at their being with him. Fitzh. My lord, I hope I shall have the L. C. J. The lieutenant sent to me on Sa. liberty to see my wife this day.
turday about it, and I told him it did not exfend L.C. J. Yes, at seasonable hours, when there to you.
Sir F. Winningion. We think it may have a Mr. Wallop. For my part, my lord, the noconstruction either way; but we desire it may tice I had was but very lately: I was by indeed be made plain, as you meant it.
when this person Fitzbarris did desire counsel, L. C. I. We tell you it is plain, and it was so and your lordship assigned me amongst the intended.
rest; but nothing of the order was brought to Sir E. Win. Therefore we taking it that me till this morning : so that I know nothing your lordship pronounced and meant it so, do of the matter less or more, than what I heard desire it may be so expressed. We are satis- upon the reading of the paper here on Saturday. fied that it was your lordship's intention; we I do not desire time for time-sake, or for delay; desire the clerk may make it in plain and intel- but we think the nature of the thing is such, as ligible words. And there is this farther in it, will require great consideration, and we desire
convenient time to prepare it for the court. : L. C.J. We declare it now to you, it was L. C. J. Look you, sir Francis Winningso meant and intended.
ton, you must consider here the nature of your Sir F. Win. My lord, there is this further case: This is an indictment of high treason, in it: We four have met, and we desire as and there is nothing I see that is so greatly conmuch as may be to expedite this matter as far siderable in the case, but the height of the as we can, for our own reputation, and doing crime. It is an extraordinary crime indeed, if our duty to the person we are assigned of coun- he be guilty of it (for I speak not to prejudico sel for. But truly, so soon as is appointed by your client, but of the thing itself.) It is a tresyour lordship, it is impossible for us to prepare son of a very high nature; and then what have things so, as to be ready by Wednesday morn- we to consider in this case? We might have ing. The plea I never saw, nor did I ever taken your client at advantage here, and it had hear of it, till it was brought and read here; been no injustice if we had made him plead imbut since that, I have not seen it till this time. mediately as he would stand by it: and we are The rules were brought but last night to our not to consult your leisure, but chambers; there is no solicitor in the cause cause: he hath pitched upon you for his counthat may attend us. The indictment I have sel; we have given him three days time te not seen that we are to plead to, and truly I plead as he will stand by it, Saturday, Monday think the course is to have a copy of the indict- and Tuesday, and he is to come with his plea
upon Wednesday. We have appointed for conL. C. J. We deny that, sir F. Winnington. veniency sake, that you should give a copy of
Mr. Williams. It is impossible for us then to the plea to-morrow morning to Mr. Attorney; get ready in this time, I humbly move you will but we do not tie you so peremptorily to that assign some convenient time, I know your ford- copy, that you may not vary in words from that ship will not put an hardship upon us that are form. Give him but the substance of the plea, of counsel, to plead such a matter so quickly. and we will not tie you to the particular formal It is a matter of difficulty, and there are not words. Peradventure Mr. Fitzharris could many precedents in it; and therefore it will re- not have expected three days time, in course of quire more care than ordinary.
law, upon such a crime, to put in such a plea, Sir F. Win. My lord, we ought to present when he tells us, he will plead specially to the things to the court as they are in fact, that we jurisdiction of the court. But we have done it may not lie under any reflection from the court, in this case, to shew, that all the fairness that nor any body else. You made a rule on Sa- can possibly be used shall be used. On the turday, that I should be of counsel for him, other side, we must not spend all our time so, (which I submit to) but I knew not of this til as to let the term slip for his neglect of waiting afterwards. I never saw the plea, nor any upon you, therefore if he will delay to send to paper in this cause as yet: The rule was left at advise with you, he must suffer for it. Supmy chamber this last night; and when I saw pose he did not come to you till to-morrost, it, Mr. Williams and we got together in the hall what can we help it? this morning : we could not do it till just now, Mrs. Fitzharı is. There is no solicitor, my and we come now to wait upon the court, to ac- lord, to go to the council. quaint them how the matter stands. I was not L. C. J. Well, we must not spin out the in court, when you gave your directions about term to please him : he must take more care this matter; but when I find what the nature I believe he would by dilatories be glad to put of the case is, I shall be ready to do my duty to it off all the term. If Mr. Attorney gives conthe court, and to him who is upon his life. It sent for more time, well and good. is a mighty cause, it is a cause that may be, if Mrs. Fitsharris. I hope your lordship will we do not acquit ourselves as we ought, have give leave for a solicitor; without your lordreflection upon our posterity, if we do not do it ship's leave none will dare to venture. And as well as we can. Therefore we desire some I had the rule so very late reasonable time, that we may have copies of the Cl. of Crown. They had it at three of the papers and things concerned in this cause, as clock in the afternoon, as soon as it could be the court shall direct. And we are assured drawn up. your lordship is so well acquainted with the Mrs. Fitsharris. That copy was brought usual method in such cases, that you will give to the lieutenant of the Tower, and he sent it us all the favour in it you can.