No More Learning

As the latter these, fear Remedy will effectual while they are suffer'd buy and sell their places; for while that permitted, they will under stronger temptations than men their charac
and function usually resist, exact more than their due the thing itself has an appearance hardship, force man into gaol against his
will, and yet oblige him pay for his admission into guilty, the punishment the law should deem'd sufficient; but innocent,
the hardship still the greater, especially where falls upon the indi and their
gent and necessitous. chiefly owing this that our Gaols swarm with multitudes miserable objects, who there year after year without. any hope redemption; that when they have suffer'd the penalty the law, they have severer punishment still undergo for the non-payment Fees (p), debt which forc’d upon them against their consent, and
often out their power ever discharge, whereby the poor wretches are effect condemned perpetual imprisonment; thing very odious
the eye the law, even for great and heinous crimes. How much better would for the public allow the Gaoler reasonable salary, instead these perquisites, which arise from the miseries the unfortunate, who
are thereby often necessitated take dishonest and unlawful methods enable themselves pay them By the common Law (qJ, avoid extortion and grievance the subject, sherifi, coroner, gaoler other
the king's ministers ought take any fee reward for any matter touching their offices, but the king only. This extended whose offices did any ways concern the administration execution justice,
'ces.
the subject, the king's service (r). -Fortescue the Sheriff's Oath upon entering into his office, take nothing any other man than the king by means his office. ” Divers acts parliament (t) have been
the common good (s) relates part
“That
colour
made
Maxim
could take Fee for doing their office, but the king, then had they colour exact any thing the subject, who knew that they ought take nothing them but after this rule
shall receive
affirmance this, which Lord Coke (u) calls “a fundamental the Common Law;” adds further, that while Officers
was alter’d by some acts parliament, which gave the king Fees some particular cases taken
the Common Law the said ministers
the subject,
not credible what Extortions and Oppressions have thereupon ensued;
whereas before without any taking their office was done, now office was done without taking, the Officers being fetter'd with
golden Fees, setters the suppression subversion
(o) Both these Grievances have been since remedied former the Geo. cap. 25. and the latter Geo.
Justice” (r).
some measure, the cap. 22. (p) Mir Justices, 53. says, Abuse that Prisoners, any for
them, should pay anything their entrance into coming out Gaol.
(? ) See Co. Inst. 74, and the Authorities there cited. Co. Inst. 209.
(*) De laud. Leg. Angl. cap. 24. Mag. Chart, cap. 35. West. cap. and cap. 26. (u Instit. 210. (r) Instit. 176.
t( )
; tototo toto It he be
2
or
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by to lie if
2
all
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ofto to
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For of
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of
is
xxxviii PREFACES TO FORMER ED1TIONS
instituted by the law the land, homines diu detineantur prisona, but that they might receive plenam celerem justitiam: adds, that Gaols
ought delivered thrice year, ottner, need be. Of much consequence does the law esteem be, that the Abbot St. Albans who had grant Gaol and Gaol-delivery, was adjudged have for
feited his franchise for unreasonable delay making Delivery
The true De
sign of Gaol veries can never answer'd This Commission, says lord Coke (y),
deliveries;
While Prisoners are thus long detained, the true design Gaol-Deli
Gaol-deliveries, after the law has done with them, they may still detained for Fees, which they will never able pay —Another design Gaol-deli
veries was by clearing the Prisons make room for new comers; but the Discharge the old Prisoners being these means prevented, the
his Gaol. But what are the Prisoners benefited
new ones renders the croud great, that the place inhabitants: this, together with the filth and their miserable poverty and want convenien
continual addition
becomes too strait for
nastiness occasion'd
cies, the cause those contagious distempers which are wont vio
lently rage many our prisons, not confining themselves within
the prison-walls, but sometimes spreading their infection the very
court where the prisoners are brought Trial, judges, juries, counsel, and who attend there. this recorded History (a) have happen'd
the small hazard dreadful instance the twentieth year
The conse quences the
queen Elizabeth Oxford assizes, when the Prisoners brought such stench with them into court, that the Lord Chief Baron Bell, the Sheriff,
several Counsel, almost the jurors, and near three hundred others, died
within the space forty hours after could wish our own times had not furnished with fresher instance this kind.
further Mischief arising from this long Detention Prisoners that
defeats the principal end law and justice. All Punishments common Ma low capital are intended reform the criminal, and deter him from
be
magement Gaols.
fending again: but our Gaols are commonly managed, fear'd,
they breed and harden more rogues, than the law either reclaims removes. #. prisoners are indulged great liberty rioting and
debauchery, keepeirs,. advantagearising
which the who have the from the
sale the liquors, find their account promoting; the young novices are permitted contract intimate acquaintance and familiarity
with the old offenders, that our Gaols are rather the schools and nurseries manner roguery and wickedness, than proper places for correc
tion and amendment. closerved, that they who enter
ers,
raw and unexperienc'd offend with some sense shame and
soon grow impudent and harden’d villains, entering themselves
members gang, wherein they are not only instructed the theory, but experienc'd the practice their wicked arts. This may seem strange some, who think they are restrained, (at least while they are
prisoners) from doing mischief without doors; yet not without reason apprehended others, that they sometimes find means make excur
sions, which hard accounted for without the connivance per mission their keepers, who no doubt take care be no losers
by and though this may favour not usually shown any but inferior rogues, who are detained for smaller crimes; yet could mention
instance (attested person undoubted credit) one who was
committed while was mitting fact
Newgate for breaking open house the night-time, and suppos'd custody for that offence, was apprehended com
the like kind remote part the town.
(y) Instit. 168. (z) Co. Instit. 43. (a) See Baker's Chronicle, 353.
modesty,
p. an of itA
it all
4: ofisis
ahe to to
a to be
of of
to is ato up
of
ill of
p. ofinbybeofto usininof
in ofatof ofbe
to asa ofa
by byof
a be It to all of its be is
an
2 soofalla:
in a
be alltotoet
an
by
of a
of
it ne toor is
anin so
to
a
of a to inif
in it of inA so by
is of behe
ofI to to it in in is
no
of
to to in
of
of to
in of
or
be
is,
so
so
in or
of
a ofof
of
of ) if (:
it. ofI
to
OF THE STATE TRIA LS.
Another matter of complaint that intolerable and inhuman practice many Gaolers, who extort from their unhappy guests such sums
xxxix
The Use
they shall think exact, thrust them soon they arrive within Fetters
their dominions, into stinking dungeons, loading them with Fetters and
awls.
Irons till they can bring them mands (b): the pretence indeed prisoners, and therefore ought
compliance with their unjust de that they are answerable for their allowed the use proper means
secure them. That this nothing but pretence sufficiently plain,
money being generally able procure release from these shackles,
which then become longer necessary for the safeguard the Pri soner, having already answered their real design. Though Gaolers are
indeed answerable for their Prisoners, yet neither the law England nor common humanity esteems such means proper ordinary cases;
Severos quiden facit justitia, inhumanos non facit (c): they may make their Prisons strong they can, may set what guards and keepers they will
process the law; Carcer continendos homines, non debct (d). Prisons are designed only for the custody
their punishment, unless when becomes part
even then otherwise intended punishment, than way confinement the prison, not justification any usage Custodes gaolarum panam sibi commissis mom augeant, mec eos torqueant, vel
redinant, sed omni savitid remotá pictategue adhibità judicia debit erequan
tur(e). escape,
fettered: otherwise may pretended prisoners, let them behave never peaceably and civilly, who will by these means the mercy gaolers, whose very mercies often are cruelties (g). The same Author says another place (h), “Where the law requireth, that the Prisoner
should kept salva arcta custodia, yet that must without pain torment the Prisoner,” which Chains and Fetters undoubtedly are. And again his Comment (i) the Statute Westm. cap. by which Statute the Gaoler permitted particular case there mentioned
watch them, but must use force violence their persons, tortures pains, while the Prisoners quietly submit themselves the
puniendos haber: the Prisoners, not the Sentence; and
‘hoins and
prisoner boisterous hd unruly, makes any attempt perhaps only threatens so; such case may
use stricter discipline. Lord Chief Justice Coke says (f),
allowable
“That Shackles about the feet ought not be, but for fear escape. ”
these words have any meaning, they must import, that unless pri soner has given just cause apprehend Escape, ought not be
lay his prisoner irons, makes this observation, “That the Common law might not done. ” There one great absurdity this practice, that these means the prisoner often suffers more before
tried, than the law inflicts him when found guilty; but zet know not how comes pass, too generally and too notoriously practised either conceal’d deny’d. This method proceeding resembled lord Coke (k) that Rhadamanthus the Judge Hell, who first punisheth and then heareth like the chief Captain did
Paul (l), first ordering him bound with chains, and then demand ing him who was, and what had done.
(b) See the Reports the Committee the House Commons appointed inquire into the State the Gaols, 1728-9, relating the Fleet and Marshalsea
ever any die Prison, the law requires the Coroner should inquire into the manner their death, before they can
cap. 26. (*) Co. Instit. 35. (i) Instit. 881.
(c) Co. Instit. 315.
Prisons.
(d) Digest. lib. 48. tit. 19. poenis, Bract. fol. 105. Co.
(l) Acts, cap. 21. ver, 33,
(k) Instit. 55.
(e) Fleta, lib. cap. 26. (f) Instit. 34.
Instit. 43.
(g) 'Tis this presumption Gaolers ill-treating their Prisoners, that when
their bodies, buried. Flet. lib.
3
in a no as
of ofof et heis no to
in
on
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a
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xl - And on the
PREFACES To I of MER EDITIONs
8. There is one thing more which ought not to be wholly passed over,
l'o/uminous
mess of the Laws.
the Multiplicity and Voluminousness our Laws: what lies many various (some obsolete) Acts, were (so much them judged continued) collected under their several many distinct acts, the law would much more plain and easy whereas now, considering the variety subjects, which are often
thrown together into one act, and the various acts relating one and the same subject, easy matter find out the whole relating one particular head and when found, many difficulties arise from the clashings and inconsistencies the several acts, the old ones not being
always sufficiently consulted when the new ones are made that wished we may never feel the inconvenience which Tacitus (m)
complains his time, Antehac flagitiis laborabatur, nunc legibus. thought these short Observations upon the Laws England, far
they relate public Crimes and the incidents thereto, would not altogether unsuitable Work, consisting chiefly the Histories Criminal Prosecutions.
An Account of this Edi town.
and that -scattered should
lieads into
The Conclusion naturally resulting from the whole That our Laws have many Excellencies and Advantages which we have just reason value them for, they have also their defects and blemishes: such
blind veneration for them, pose perfection which
the greatest obstruction things need mended,
will not allow this, does not only sup human contrivances are incapable but attempts for amendment: that some experienc'd lawyer can deny; and that
they should so, every honest one will heartily desire.
Whether the Particulars here mentioned be of that number, sub
mitted the judgment true lovers their country, who hoped will far from being offended hereat, that they will use their utmost endeavours promote the amendment whatever shall appear need
pretend not have taken notice every particular
Law which may deserve my design was only give
wherein might evince the necessity reformation; and
any way instrumental bringing about by stirring others more capacity and influence undertake the task, shall answer my end.
The reader will by this time expect some Account the Improve ments and Alterations this Second Edition. When the first Edition
was preparing for the press, the Undertakers were great pains and ex pence, and offered large encouragements procure whatever was proper
and suitable their design but they were sensible there must needs
many defects and omissions the first attempt Work this hature, they have continued their pains supply those defects, and
have offered the same encouragements any who should furnish them. with such material Trials were then omitted. How they have suc ceeded their endeavours may seen from the large number Addi tional Trials: These, together with the Additions interspersed thro’ the
other Trials, have swell'd the Work five Volumes; which there added Sixth, containing the most remarkable Trials from the reign
queen Anne, where the first edition ended, the end the reign
king George The larger Trial
entire Volume
the earl Strafford here purposely Rushworth's Collections, which
omitted, being had by itself.
- formed the end each Trial, where the Prisoner was convicted of
in
added his Behaviour and Speech the place
To make this Collection more generally acceptable, the Reader
capital crime, whether
had) Account also of Execution.
was executed not; and (where could
(m) Annal lib,
-
-
our Crown few hints,
can
3, 25.
to
of of
atto of
be an
Ibea be so to
is
toin
to no fit
at
it,
I be
If
be a
is
ofof is
is
it is
to
be
it. is a to I to
as
at
1:
so
of an
be ; so
is
as
of
bein is,
in
to
of
be
in as
it
of to
isof to
to
I
an
of
a
in
I
;
to beto toin itsoso
as
;
it;
all
noto
all as
it ofis
be
of
§ or to aofof
of a
of up
of
to
to
he inofallato
to
it ofof oftoisis
of,
as
so of beas
to
of
ifa in
is,
; so
to
-
be of
March 27, 1730.
EMILYN.
WOL.
OF THE STATE TRIALS.
* xli
And whereas in the former Edition some Trials were inserted out of
the order of time, and parts of others transpos'd, they are here reduced to their proper places; the names of the Judges, Attorney-General, &c.
are here generally, if not always, inserted; several Notes are added to explain and illustrate the text, and divers References made to the Books of Reports and Historians of the times: and for the ease and conveniency of referring, each Trial is distinctly number'd ; the several Titles are
render'd uniform, containing the Date when, the crime for which, and
the court before whom the Prisoner was try’d ; which are continued
where there was room for them throughout the running title; the omis
sion whereof some places 'tis hoped the candid reader will excuse,
since work this nature, where such variety printers are em - ploy'd, can scarce expected that parts should performed
with equal care and exactness. --To render this Work the more useful, especially the Gentlemen the Law, there subjoin’d way
Appendix Collection Records relating the said Trials. The un dertakers wish they could say they had had the same success this part
the work the other; but hope the fault will not imputed them, who have inserted they could procure, and done their endea vours procure the rest. —That the whole might the better fitted for use, there are added two Alphabetical Tables; the one containing the Names the Persons tried proceeded against, together with the Times and Places their Trial, and also their Crimes and Punishments; the other the several Matters contained all the Six Volumes.
Sctic
I.
ofto itin of a
is
s of
all
- so
in by of
• .
of it
in
all
of
in
in of
or
of
! S, be be
be
of
a to as
of all
be
to
a to
xiii PREFACES TO FORMER EDITIONS
PREFACE
To THE SE v ENTH AND EIGHT II volu MEs of THE STATE
TRIALs : PRINTED IN THE YEAR 1735. *
AFTER the publication of a Collection of State-Trials, which consists of Six Vo lumes in folio; the Reader may possibly be surprised at the appearance of two
Volumes more of Collections on the same subject. For this reason it may be proper to premise some particulars prefatory to the Work, concerning the inducements there
were to and the method wherein has been pursued. . . . And here we would by means understood lay imputation the gentleman who prepared the last
Edition that Work for the press. The judicious Preface prefixed plainly shewed him entirely master the subject; and performed with eminent sufficiency the part undertook, which was, prepare and methodize such Tracts,
printed manuscript, were brought him; insert them their proper places, and make Remarks and References where ever there was occasion. The business
collecting the several pieces was by means his province, nor was ex pected from one who had daily avocations the way his profession.
And tho' were admitted that the then Undertakers did every thing they pos sibly could, render the Work entire and complete, and spared neither pains nor expence procure materials for the purpose; yet wonder, that fruit
ful field, they should after their diligence leave some gleanings reward the industry those that came after them. They proceed the first Edition upon very scanty plan, proposing take Trials, but what were really State-Trials, and were taken length and entire; and this plan they adhered strictly, except
few instances: but preparing the second Edition, by the advice several gentlemen learning and curiosity, greater latitude was taken, and well several
Cases heard before the Court Star-Chamber were inserted, other Proceedings Law, which could not properly called State-Trials; and Trials which were well taken, tho’ not Criminal nature, were inserted, together with the dying Be
haviour and Speeches such unfortunate persons suffered death upon their con victions.
almost every these particulars, these Supplemental Volumes will appear have received many Additions and Improvements. The Cases here inserted, which were debated the Star-Chamber, are such only were considerable for the curiosity
the fact enquired into the Case Davidson for sending down the Warrant for beheading the queen Scots, contrary queen Elizabeth's order; for the
figure and station the Persons concerned, lord Chancellor Bacon and others.
The Trial for large Estate Shadwell, wherein the lady Ivy was party; that Mr. Denew and others, for assaulting Mr. Colepeper; the Proceedings between the
duke and dutchess Norfolk, and his grace's Trial with Mr. Germaine; and some others, were taken from printed pieces, which, for their price and scarcity, were almost equivalent Manuscripts: and we can with truth say, that most the printed Tracts here made use cost above ten times the price, that ordinary piece the same size commonly sold for.
As for the Trials these Volumes which were never before printed, we are not liberty give the reasons why we believe them authentick; but we conceive the intrinsick marks they bear will evident and convincing, every one that reads them, their being genuine, make any proofs that head abso
lutely unnecessary.
on
in
no
to be
or
at of atin of In a a
to
to is
of to a
of to or
of toit to
of be it,
to be
as
it is
of
he
in
he
an to
as
he in
of,
; in ofas
of a
as
of
as to it to of in to it,
of
of
so
be
in
of of of of
at
be
to
asbe
toso- of no
in no
to
a
to as
to
on
as
to
of
bea in to
of
it
in
to
all fit
an
to a no
OF THE STATE TRIALS. xliii
We have been obliged in a few places to transcribe here and there some passages from larger works; but in this particular we have been as sparing as possible, having inserted no more than was absolutely necessary to preserve the connexion, and to make
the whole more intelligible. The greatest freedom taken in that kind has been in the Collection of Arguments and Debates upon the Habeas Corpus Act and Liberty of the Subject, between the years 1627 and 1610; in which we were obliged to be sometimes beholden (but as little as possible) to Mr. Rushworth's Historical Collections. As
these contests, between the crown and the subject, were one of the greatest causes of the fatal confusions which afterwards followed, and of that surprising Revolution which was the astonishment of Christendom, every Proceeding that affair, warranted
by sufficient authority, was thought worth preserving, especially related what,
next the Life the Subject, deemed most precious the eye the law, his Liberty.
Some gentlemen may perhaps think that Mr. Rushworth's Collection are full this head, that would presumption add any thing them but will appear
that most the Speeches and Proceedings here printed are not taken notice by
Mr. Rushworth. How they came omitted, we will not pretend only we cannot forbear observing, strange instance partiality
determine; that Editor,
his Trial, has abridged the Answer put him his Articles, with this Introduction: The Answer held three hours, being above 200 sheets paper, too long here insert ed; yet take Abstract the said Answer the Articles exhibited against him,
that after inserting the Articles against the earl Strafford large
which are followeth. ” Which Abstract vastly short, not contain above
ten pages.
For fear being thought prolix,
omitted the Trial large the earl
derate price. We don’t doubt but his Answer large would have been great or nament this Collection, and would have enabled the world judge more clearly
his Case, than now likely do. But the Proceedings against him were strictly ordered obliterated; so, with the utmost enquiry, we have been unable
find any Copy thereof remaining with the Descendants his family, any other hands.
The Case Monopolies, between the East-India Company and Mr. Sandys, does not, must confest, strictly speaking, come under the description State-Trial; but
the publishing the Proceedings between the King and the City London, upon 2uo Warranto, the last Edition the State-Trials, met with general approbation, we
hope the like candid construction will put upon the step we have taken this
grant Case. The Question the Power the Croo
Charter,
Distinction made between criminal Monopoly, the regal Prerogative, and legal Property, are undoubtedly the highest importance. The point debated upon this occasion the most knowing and eminent lawyers the time, and their Arguments are now first published from Manuscripts, which have not been taken notice any
the Law-Books now extant, (except very short Abstract some the Speeches, which printed Mr. Serjeant Skinner's which are added, the learned
Arguments and Reasons the Lord Chief-Justice Jeffreys. -
There are some instances where we have not been able and yet have obtained either Speeches made them
time, large and particular Relations, though not
procure complete Trials, gentlemen note that
-
wn
exclusive
and the
minute and exact manner, Trials taken Short-hand Court. Where any thing this kind has occurred,
which we judged worth notice, we have chose preserve them from the oblivion they would otherwise sink under, inserting them this Collection. And tho' they are not valuable entire Trials, yet they may serve give more clear account the Facts there tried, than found general History; which, the learned Editor the State-Trials well observes, one considerable Benefit arising from Collections
this kind.
Concerning the other Pieces contained this Collection, cular this place, we have before most the Articles, given our reasons inserting them: only lest should
-
need the less parti Notes the bottom,
thought that the remark
swell the price the Book, we have
order
Strafford, being had separate mo
of as of asittoof
in
in oris
so
as
be in
an
it
by be to to of
of as
of
to it
forinin at of
as is of beis
toof be
beby of ofofaall
isina in
of of to
by is
in
aa ofabe
in be to
to
of to as tois itininto atsoto
etoin
so toof
allit ofof
be a by
an
or to inwe of
of
to of to in
of to beof as at in
at
of of to in in of be toit
as isof :as be ofa to it
aa
of orat soto
of at in in in a “ of
of a
he on
in
as to
to
xliv FREFACES TO FORMER EDITIONS
able Case of Ashby and White, in the last Volume, contains no more than the small Book, published under that name in octavo in the year 1705, it may be proper to ob serve, That the whole Proceedings and Debates of that memorable Affair are deduced in order of time from the first Complaint made in the House of Commons; containing not only the Proceedings, Reports, Representations, Conferences and Resolutions, of both Houses, as published by their order; but also the Proceedings and Arguments in
the Court of King's-Bench.
-
In fine, as no pains or expence has been spared to make this Collection complete, useful and instructive ; so we must submit the whole to the judgment of the Publick, and rely upon the candour of the Readers, kind acceptance our endeavours.
for a
of
OF THE STATE TRIALS. xlv.
P R E FA C E
To THE NINTH AND TENTH volum Es of THE STATE TRIALs : PRINTED IN THE YEAR 1766.
THE Public may be surprized at finding a Ninth and Tenth Volume of STATE TRIALs publish’d after so voluminous a Collection already set forth ; yet, if they consider it is
above thirty years since the Seventh and Eighth Volumes were printed, and the great number of Trials for Treason, Murder, Perjury, Forgery, &c. which have happened
since that time, likewise a Rebellion within that period (always productive of many Trials) their admiration must cease.
Besides, gentlemen must have observed, in the course of their reading, a great ma. ny Trials have happened for different Crimes and Offences, which have never yet appear ed in print, but have been locked up in the studies of those who either took them, or
had them taken in Short hand: those falling into other
hands, by otherways, deaths or
compleating
purchased, procured,
have either been or sent in towards
h
useful Work; such as Matthews's Trial for in “ Vor
. . "
Por Dei,” in 1719, which has lain dormant near fifty years; Hales and Kinnersley’s Trials in 1728, for forging promissory Notes, in the names of Robert Gibson and Sa muel Edwards, esquires (both members of parliament), and publishing them as true
ones, for large sums of money, wrote on frank'd covers given them to send into the country; Huggins and Bambridge's Trials, who were Wardens of the Fleet, with
F.
ouse of Commons for that purpose; Mr. Franklin's
Corbett the Tipstaff, and Acton the Keeper of the Marshalsea Prison, who were all
Hig
Treason, printing Populi,
. "
in 1729, for Murder, by order of his majesty, on an Address from the
publishing Libel entitled, “A Letter from the Hague;” with several other Trials which were taken large, with the Speeches the Court and Counsel, are now first
printed from Manuscripts, and inserted this Collection.
All the printed Trials full length, that coould hear (and we have frequently
advertised procure them) published since the Seventh and Eighth Volumes, are brought into this Work, with great Additions most them, either Arguments
hoped some gentlemen the Law, reading them, will furnish some Speeches Arguments towards compleating them, case this Work comes another edition.
this Appendix are likewise inserted two Trials Corporation Causes, now first printed from Manuscript, viz. New Romney and the port Hastings, which were
argued by some the most eminent Counsel then the Bar; the first before the lord chief-justice Eyre, and the latter before lord Hardwicke; which were not procured
time enough inserted the body the Work.
Some Trials this Collection cannot, properly speaking, called State Trials, may deemed good precedents, and determine many points law; therefore
ave their use, and were thought too material omitted; and would con fining the Collection too narrow compass, insert only State Trtals. But the former Collection, Six Volumes, published by Sollom Emlyn, esq. (who wrote
that admirable Preface prefixed the first Volume, and published Hale's Pleas the Crown folio) met with general approbation, we have endeavoured follow his steps, and take such Trials, for Murder, Perjury, Forgery, &c. have been pub
the special Verdicts, Counsel's Opinion some the Cases, Accounts the Prisoners Behaviour and dying Speeches, &c. and though several small Trials, Parts Trials and Proceedings, have been printed Manuscript, and were too
minute inserted the body it; yet, order preserve even them from being buried oblivion, we have given them place the Appendix; for these scarce Pieces are value, and not collected but with great difficulty and expence; and
Trial,
in 1730, printing and
in in
be
in to
ofbe to a
as
to
it of be
to
or
-
to
be
of
of
or of
in in a
in
to to be
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or to of
as
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of
on
to in be
of
at at
be
of
in
of to
of
on a in
at
in
in to
of of in
by
for
of
xlvi - . PREFACES TO FORMER EDITIONS
lished at large; for Trials, even these Cases, are Helps History, setting forth the true state the case on both sides, and are useful the Gentlemen the Law well Historians, they give the Opinions the greatest - lawyers the different points brought before them.
This Work will receive considerable Addition from that upright Judge Mr. Justice Foster, who, his Cases the Crown Law, has given the Public several Resolutions and Determinations the Court on some the Trials the Rebels, which are added after each their Trials; but the greatest use made that judicious Author, Speech
pronouncing the Judgment the Court, the Case the King and Macdaniel,
and his Gang Thief-takers (which inserted after the Arguments Mr. Hume and others their special Verdict, which Arguments were never before printed); and
also
before the Lords the provisions
Peer, indicted Felony and Murder, and tried and convicted thereof Parliament, ought receive Judgment for the same, according
the act parliament the twenty-fifth year his majesty’s
the Question put the Judges, the House Lords Earl Ferrers's Case,
Whether
reign, intituled, “An Act for better preventing the horrid Crime Murder Sup posing Peer, indicted and convicted, ought by law receive such Judgment
aforesaid, and the day appointed the Judgment for Execution should lapse before such execution done, whether new time may appointed for the execution, and by whom
As the Affair Mr. Annesley and lord Anglesea made great noise, some years
ago, and occasioned four Trials, carried here. Mr. Annesley's for the Murder
that lord Anglesea, and others, tried Mr. Mac Kercher, and others; much
vast expence, we have inserted them
tween Mr. Annesley and lord Anglesea (which Trial large almost every hand) will make the Reader entire master the whole affair; with the Speeches and Opinions the lord chief baron Bowes, and the other Judges, full length, that remarkable Cause which will serve for Introduction the Trial Mrs. Mary Heath, lady Altham's woman, who was tried for Perjury, for the Evidence she gave
that Trial Ejectment. the further proceedings
hear they are printed, though this publication.
The Acquittal this woman seems have put stop that time; and since Mr. Annesley's death, we not
Mr. Egglestone Staines
Ireland, for Assault the Trial ejectment,
Middlesex; Mr. Annesley, Ireland, be
The Trial Elizabeth Canning, for Perjury, here
yet revived.
much fuller and larger manner than ever appeared before
part the United Kingdoms, and their Trials are conducted
As Scotland
very sensible manner, though their method Proceedings are different from ours, (in not bringing their Witnesses into court examined, only reading their Depositions
taken writing oath) yet we shall insert three four the most principal them, shew their method proceeding, and the reasoning and learning their advocates.
Some people may wonder we have not obtained some the modern Trials, Dr.
Henzie for High Treason; the Cock Lane Ghost, &c. Our Answer we should have been very glad have obtained them; they would have been great addition
the Work from the great learning hear they were ever printed taken Defence called any Evidences;
the Judge that tried them; but we never could Short-hand; and the former, made
could not Trial any consequence; but any one has mind peruse the Law Proceedings against him, the Court
King's Bench, may find them Mr. Burrow’s Reports, vol. part We hope the candid Reader will excuse such Errors may find
occasioned the Editor's distance from the press, and judge favourably
lection (made more amusement than profit), which, probability, had never seen the light, the Editor had not, great trouble and expence, undertaken
642. this Work
this Col N.
S.
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be
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as
ledge their dates, their principal differences and characters the respective editors. With
previous information, the want republications, we shall proceed
give the former Editions the present Edition.
which may
had occasion
not apprized
large. As we have take notice Mr. Salmon's Critical Review, and some readers may
of THE STATE TRIAL5. -
xlvii
MR. HARGRAVE'S PREFACE
To THE Fou RTH EDITION of THE STATE TRIALs, IN TEN vo Lu MEs Folio: PRINTED IN THE YEAR 1775.
It is become too frequent a practice to republish the most valuable works, with such a perfect silence as to former Editions and the Variations from them, or at least with such a slight notice, that the Reader is left in a profound ignorance of many particu
lars both useful and necessary to be known. This omission may be very well ex cused in the instances of ordinary trash, with which the press too much abounds; for
it would be an intolerable waste of time to descend into minute details about every insignificant production, which happens to gratify the false taste of the times, and
runs through a number of editions. But works of genius, of erudition, or of science,
and which furnish important information being preserved from oblivion, ought
instruction, and are therefore worthy treated more formal and respectful
manner; and loose and undistinguishing
less inconvenient and dissatisfactory the Reader, than discreditable the Publisher.
Nor should this mark distinction confined original works compilations and collections, when they relate very interesting subjects, being also fully intitled
#. observation strongly applies Collection like that the the case Work connected with the jurisprudence and history the utmost consequence the comparative value and au thority the several editions; which cannot done effectually, without know
the same attention.
STATE TRIALs. the country;
mode newly editing such books not
point Contents, and the names view therefore supply that sort
objected many other modern lay before the Reader the best account we are able
the State TRIALs, and shall then explain the Plan -
The First Edition the State TRIALs came out the year 1719, and was com prized four volumes folio. began with the Trial William Thorpe for Heresy the 8th Henry the 4th, and ended with that Dr. Sacheverell the latter end
queen Anne's reign. The name the gentleman, who prepared this Edition,
omitted; but 1720 the same person published abridgment the Work with
some additional Trials eight volumes octavo, under the title Trials High Treason and other Crimes;’ and 1738 published “Critical Review the
State Trials,” one volume folio, which, though includes
quite different work from the former: and from the title pears, that Mr. Salmon was the first editor the State Trials
kind abridgement, this last book ap
use observe, that how
first forming Collection little obligation him for
some his remarks upon them. political principles apparently inveterate
enemy the Revolution, frequently betrayed by intemperate zeal into
false notion characters and opinions, and too often disguises both when the demon party demands sacrifice. Thus, work, which, had been executed one with mind too liberal be governed by violent prejudices, and the same time
endowed with the requisite knowledge and judgment, would source the most important instruction, being prostituted particular views loses great part value, and some measure becomes vehicle for the poison misrepresentation. To this censure Mr. Salmon, candor and justice require add, that, notwithstand
character
him the public may
author, may his industry
ever indebted
State Trials, and afterwards abridging them, there
*
of
a
a
an his be
of
beto
to
for of he it
to beor
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to to of
so
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a be be in to
so
xlviii PREFACES TO FORMER EDITIONS:
ing faults which may justly imputed Critical Review, many respects
very useful work. Considered short historical abridgment the Trials,
not without considerable share merit. Sometimes also points out the sources,
the collec very requisite
for ascertaining the credit due each Trial, was such his situation
the State Trials must have enabled him furnish more readily and accurately
than almost any other person and wished, that had enlarged further this head, many explanations being still wo Nor should we wholly reject his remarks; for must confessed, that those Trials, which were foreign the
bias political tenets, are frequently pertinent, and accompanied with suitable illustrations from the history the times. Nay, even some the animadversions,
from which various parts the State Trials are drawn, where the notes tion large are not sufficiently explicit. This kind information,
party-spirit, may deemed not always necessary receive
which they are disguised.
The First Edition the State Trials was succeeded the same year by separate
volume, which contained the famous Case Ship-money, and Harrison’s Trial for falsely accusing judge Hutton High Treason account his Opinion against the Crown. the Preface the Collection, Mr. Salmon excuses the omission the for mer Case by observing, that was found Rushworth; but many the Speeches and Arguments are not his work, and the true reason for the omission ap
ears have been, that the publishers the Collection and the proprietors the
Ianuscripts from which part the separate volume was printed, could not agree about the terms.
Second Edition the State Trials was published 1730; and consequence
the great accession new matter, the Work became swelled into six volumes folio. The first five volumes comprized the same period the First Edition, with the excep tion only the Proceedings Parliament against Lord Chief Justice Tresilian and others, the reign Richard for High Treason, which are few years earlier date than the Trial with which the first edition begins. But the differences other respects were more considerable; for several Trials were transposed order render the arrangement more conformable the due order time, some additions were made the Trials the former Collection, many Trials not contained that (particularly the Case Ship-money and Harrison’s Trial before mentioned) were interspersed, and the Work was still further augmented number new notes and references. As the
which makes under the malignant influence altogether without foundation; and therefore, though
them with distrust and caution, yet they ought not
possible discriminate the shades truth from the tinge exaggeration with
wholly disregarded, where
first editor
Sixth Volume, consisted intirely new matter; being continuation from the death queen Anne the end the reign George with
the Trials Appendix
Records relative the whole Work. Some few other particulars,
Second Edition was improved, will found stated the end the very sensible Pre face, with which was introduced the public. this Preface, the Editor, after ex patiating the great utility the State Trials, enters into consideration the ex cellence our Criminal Law compares with the Laws other European states; and having evinced superiority selection the most striking instances, pro ceeds point out some principal faults and defects; several which, such those concerning the peine fort dure, the summoning Juries, the use Latin our Criminal proceedings, and the Fees gaolers, have been since corrected the Legis lature, the intelligent reader will easily recollect. This Preface much admired, and certainly deserves great commendation, well respect the learning displayed
account the spirit and judgment most the remarks, which, general, equal credit the author's humanity and understanding. However, the Preface
not wholly without exceptionable passages. distinguishes the civil from the crimi mal part our law, terms highly disrespectful the former, and with degree prejudice unworthy good writer; for whilst studious expose the faults
the civil branch the English law, appears quite forgetful
His treatment our ecclesiastical courts the same kind.
particular abuses their proceedings, and thence seems infer
tion their jurisdiction. But this inadequate way deciding upon the merit
which the
excellencies. points out some
general imperfec
is an
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it
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of THE STATE TRIALs. xlix
Any system of laws, or of any species of judicature. The most excellent institutions could not stand the test of such a partial view; and should it be applied, it would ne cessarily lead us to a condemnation of that criminal law, which the learned writer him self so highly and so properly extols. These animadversions on the Preface to the Second Edition of the State Trials do not proceed from the least wish to depreciate the merit of author, being truth extorted the occasion; for had they been sup
pressed, the generality praise might extended some into concurrence with opinions, from which fact we cannot withhold our dissent. To this account the Second Edition the State Trials, should added, that though name prefixed either the title the work the preface, the editor known have been Mr. Em lyn, the same gentleman, whose labours the public much obliged, for the care
and accuracy with which edited Sir Matthew Crown, and for the valuable Notes with which
Hale's History the Pleas the enriched that great work.
1735 followed with two Supplemental Preface, fully explaining the reasons
this addition, and the materials which
are many important Cases, particularly the Case Monopolies between the East India
Company and Mr. Sandys the latter end the reign Charles which the chief question was, the legality the Company’s patent for exclusive trade
the East Indies. The period the two volumes described their title pages
from the reign Edward VI. the time which they are published but fact,
they not contain any Trial later than the tenth George and therefore should considered, not continuation the Collection Trials the Second Edition, but
merely supplying omissions. was not till two three years after the coming out the 7th and 8th volumes, that Mr. Salmon published his Critical Review, on
which we have already observed much; and consequently they fall within the com pass his Remarks. Second Edition these two supplemental volumes was re printed 1766, but without any alteration.
1742 Third Edition the State Trials was published six volumes folio. The
The Second Edition the State Trials was Volumes; the first which prefixed
composed. these two volumes there
Trials and Cases the supplemental volumes this Third Edition; nor are we aware
the Second Edition are not comprized any other difference between the two, disposition Sir Richard Spotiswood's
than very small addition Notes, new
Trial, the Quo Warranto Case, and perhaps few other Trials, and the pages.
1766 appeared two other volumes State Trials, being the 9th and 10th. These point time principally follow the former Collection, and bring down the
year 1700; though amongst these Trials there are some antecedent period. The
first the two volumes contains account of their contents.
Having finished our account exhibit the outline the plan
Preface, which we refer the Reader for fuller -
the former Editions the State Trials, we shall now
the present Edition.
The whole Work will consist nominally eleven, but will printed be
for binding six volumes folio. The first six will printed exactly from the Third Edition, and the four next from the four supplemental volumes; with other differ ence, than that each the two columns, into which every page the present Edition will divided, will comprize one page the book from which printed, and will
numbered accordingly. Ty this mode printing the publishers are enabled
consult cheapness, without sacrificing convenience; for consequence there will
only one half the number sheets, which would otherwise necessary, and two
volumes may commodiously bound one; and yet the references the Third will entirely correspond with the present Edition. wished, that the pages
the Editions, far they respectively go, had been the same but this attention convenience having been hitherto neglected, the most eligible course seems
follow the Third Edition, that being the last; and that can now done prevent disappointment, when reference happens not answer, remind the Reader,
that books published before 1730, such the First Edition Hawkins's Pleas the
Crown, necessarily refer the First Edition
1730, such Hales's History the Pleas Edition; and those published after 1742, such
the State Trials; those published after the Crown, usually refer the Second Sir William Blackstone's Commenta
ries, the Third Edition; with which last the present one will intirely agree. WOL.
§
to beof be bein
isby is
of
of
of
or ofis
ofis
in in I. In
to all be be fit I. in In in In
I. to beofaofofdo to of in as
its
as ato
to all is
.
ofof
is
of
bein asofof soof ina of
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of
as Aitstoofofin
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a initbe
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toit in
; isofbe in an oftoa beso no
to it, to
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to of no
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; II. in
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to to of to be beto
of
.
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so of
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or
of
anof ofso
l f PREFACES TO FORMER EDITIONS
the eleventh volume, it is reserved wholly for additional matter; the design being, that oue part of it shall be occupied with a continuation of Trials to the present time; and that the other part shall consist of such materials, as shall seem best calculated to sup ply any omissions in the former part of the Collection. the present Edition, the
together
Preface the First Edition, which was afterwards omitted, will restored;
with that the Case Ship-money; and the Preface the Second Edition,
re-printed with the name Mr. Emlyn the third, will continued,
the Prefaces the supplemental volumes. The history publication
served by inserting the Prefaces their due order time; though they are often
omitted
modern editions books, much the dissatisfaction nice and accurate
III. The two Alphabetical Tables the times and places their Trial, and
this Edition, the one the Persons their crimes and punishments, and the eleven volumes. This will render search for any thing the present Edition less tedious and troublesome, than
the Second and Third Editions and their supplemental volumes; which,
consequence their being published different times, there are not less than three distinct sets of tables instead of one.
From this view the Plan, which determined conduct the present Edition, evident, that must have very considerable advantages over the best the former editions. will much less chargeable the purchase and yet
readers. tried,
the other the matter general, will extend
equally commodious the form, more various and valuable the contents.
was will also best pre
only remains for the author this Preface add self, lest should deemed further responsible than
few lines concerning him means be. The under plan for the conduct
takers the Edition requested his assistance suggesting
the Work, and furnishing Preface. With this request hath chearfully com
plied the best manner
submits the correction
was able; and the result his endeavours, readily
the candid reader. But the superintendance, the Work the printing, they are unavoidably devolved
revision, and correction upon others; the writer
this Preface having avocations, which would not leave laborious office, even though was inclined undertake
him liberty for such
However, the same desire promoting important and useful publication, which
induced him give his aid first commencement, will secure the undertakers his advice progress and conclusion.
Inner-Temple, October 1775. FRANCIS HARGRAVE.
in its
ofof he of a
it
of
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all
to
to
to
of
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of
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to II. abeIn
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in heisofto itsto in of to
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to
;
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in
THE YEAR 1781.
*
additional Trials. Yet the few, which Reader, that I have not been sparing of research.
gleaned, may suffice t-o convince
OF THE STATE TRIALS.
li
MR. HARGRAVE'S PREFACE
To THE ELev ENTH (or suppleMENTAL) volume of THE FourTH EDITION of THE STATE TRIALs : PRINTED IN
My Preface prefixed to the first Volume of this edition of the State-TRIALs pro mised, that the present volume should consist wholly of Trials not contained in any
former edition; and I was understood to be the person, who would point out what were the materials proper to be adopted. In conformity to this engagement, I used
considerable diligence to discover what Trials were omitted in the period of the for
mer editions, and what Trials of importance have occurred since. But the result of my pursuit for new matter proved very inadequate to my expectation ; the industry
of former collectors
F.
having
without too far passing the line I had prescribed to myself of merely selecting
scarce left
the
and science would supply me with some new materials of importance; and I was particularly encouraged in this expectation by the promising Titles of various Arti cles in the Catalogue of Harleian Manuscripts. But I was wholly disappointed; for on examination, the few Trials I met with proved, either too meagre and insignificant
to be made use of," or nothing more than mere transcripts from some of our old printed Chronicles. And here I take great pleasure in bearing testimony of the exemplary conduct of those Gentlemen, who by their offices have the superintendance
In the course of my enquiries for new Trials, I resorted to the British Museum, in hopes, that the immense Collection of Manuscripts in that repository of learning
of the Manuscripts and printed Books in the British Museum. Though I have had
frequent occasion to give several of those gentlemen much trouble ; yet I have ever
found them uniformly studious to render the access to the valuable Collections en
trusted to them easy and agreeable. I have also had the full opportunity of noticing,
that their deportment and attentions to others are of the same obliging, kind. So
bonourable a discharge of their duty well entitles them to some rewards beyond the
small emoluments of their respective offices; and I heartily wish, that they may in
future attract a greater share of patronage from the great, than they have hitherto experienced.
here is one very striking and capital defect in the former Editions of this Collec tion; I mean, in the article of Parliamentary Trials, under which head may be in cluded, not only Trials on Impeachments, but Proceedings on Bills of Attainder, and on Bills inflicting Pains and Penalties. In the ten volumes, which constitute the Work as it was before the present Edition, there are not, as I calculate, thirty articles which fall under such a description. Yet from a very imperfect list, which I formed on a slight examination of the Rolls of Parliament, and various other books of Par liamentary information, I found, that many more than a hundred such Trials might be extracted. It was my wish to have supplied this omission; more especially as by doing, infinite light would thrown subject most interesting Lawyers and
Politicians; namely, the Criminal Judicature Parliament. But such vast under taking would not only have far exceeded the limits my engagements the Proprietors this Edition State Trials, but would also have swelled the present, Collection greatly beyond the terms the Proposals the Subscribers.
any deficiencies, supply which I could
of
of
be
of
a
to
of
on of
to a all
to
so.
lii
-
PREFACES TO FORMER EDITIONS
Before each Trial in this volume, I have given notice to the Reader whence it is extracted, with such other explanations, as were necessary to enable the forming a
judgment on the authority of the Trial. It would have been of no small advantage to the readers, if the Collectors of the former Volumes had been equally explana
tory. My introductory Note to some of the Trials in this volume is extended into an illustration of the subject of the Trial; and occasionally I have interspersed similar Notes elsewhere. The fullest annotations of this kind are those prefixed to the Case of Impositions, the Case of the Postnati, the Bankers Case, and the respective Cases of Mr. Whitlock and Mr. Oliver St. John. These and the other Notes I commit to the candid construction of the Reader, with an assurance, that I have endeavoured to form and express my opinions with the utmost impartiality and moderation; and that
I shall even think myself obliged by a good-humoured correction of any errors into which I may have fallen.
In the Trials and Cases in this volume, the Reader will find an ample discussion of
various great constitutional questions. The Case of Impositions furnishes a profusion
of learning on the point so long controverted, “Whether the king could by preroga
impose oports. ” course, too, Arguments head, tive Duties at the In the of the on that
the learned Reader will be pleased to see some important Remarks on the King's Power of laying Embargoes. Some persons, justly of high authority in the present
times, have been inclined to restrict the exercise of this power to time of war. But I confess, that I do not see, why the Prerogative should be thus limited. The safety of
king
bargoes, may require an exercise of it in times both of war and peace; and on the
the state, which is the entrusting of
eve of a war it is obviously as necessary as in a war itself. Also, from what I remem ber having formerly read on the subject, I have little doubt, but that the Precedents and Authorities, whenever they shall be well collected, will be found greatly to pre ponderate against the distinction I have stated. That profound parliamentary lawyer,
Mr. Hakewill, when he was arguing in the House of Commons against the claimed prerogative of Impositions at the ports, candidly admitted the prerogative of Embar goes to the full extent of principle, and consequently, conceive, without re stricting exercise times war. Yet well knew, that the power shutting up the Ports was one great branch the argument for the power taxing the ports; and also, that the power laying Embargoes had been often exercised under special acts parlia lent. Nor did Mr. John, his Argument against Ship Money, scruple amit the power laying Embargoes, and that was exerciseable, not merely tires war, but generally times imminent danger, whether arising from war from dearth, from any other cause. Perhaps some readers may
thus unreserved contending for the prerogative
refer such my Note before the Case Impositions. short but connected view the various means practised establish the crown power taxing out parliament from the Acces
sion James the first the Restoration; and presume hope, that considera tion the freedom, with which have that Note animadverted on such unconstitu
tional attempts, shall sufficiently guarded against any suspicion the least wish
extend the royal prerogative beyond due limits. -The Irish Case Pramunire must interesting every person, who wishes informed, summary and accurate
way, how the Church Rome gradually encroached the king's ecclesiastical juris diction; and how length the English church and kingdom were compleatly ex onerated from the expence, tyranny, and disgrace foreign usurpation. My Note the end that Case intended assist the inquiries such may curious pursue the subject more detail. —In the Case the Postnati, the doctrine Alle giance the crown enlarged upon, with surprizing variety learning and his torical information; tending explain the relation between England and the coun tries which any time before the Accession the first James had been dependant upon England, connected with being under the dominion the same prince. To render this great political Case more intelligible, have prefixed fuller account
origin, and the proceedings than commonly met with which have added reference almost every book consequence likely supply the
wonder, that should Embargoes. But
They will there find
the
with the
of
power
laying
Em
I of its
be
to
a
all
at or
to I
in
J in of to
of
I in in St. Iofof of
to
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; be a of
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in
of
to be
as aI
to
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to at to
a
of
to
of
to of a be
he
of of as
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it
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in to
of of
I to isofbetoa of
is at
to in be its a
to I or of
to of
it
inby itstoofof
of
at
its
least further information about the case. against Benevolences, deserves attention
my Note Mr. St. John’s Case, have
OF THE STATE TRIALS.
liii
The Case of Mr.