No More Learning

Ihe to of If of is inso
for to ofor as
of
2. l. of ;ofis in §
ofan to do all
9. as
p. to isof
inor of
2
at
of
of itby of
1. to
by is in or beto it. of no to
as
on p.
of
2.
ill
3
he is
be l. of sit 3.
of to in is as
be it
to is
to
be or
to If it
do
he
2itbyinitif to
is of1, de to to to behe
beto
is
as no totois,
ad to 8. a toasor
beor on he iton
a it
a as a
beis,a
as
a. of 1 a
2 by1. tointo
be he lie
ofad
of
fit
in of
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
in in on we
or to of
as
}.
Inor it is
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.
as of
o at
soinof
it to of to
in
it.
is doa in 2.
ofofa as as
if by or
on of1. *a onof
if he for
in
a on a ; of ofin
in
ofin iv.
is,
of
in
of
in
3.
So by
of of
is of
no to
. . . toon toin
as
2. to “ 1.
to of
all
to of at or
a of
be or
at
of to of
be
of an in ofon
by
is inas
so a of of
to on
of as
of
ofofofat ofin
a of
inasaof into allhe as it to ana
I. of
to of isat at in
of in
to
to
of of on is
in a
p. hein o’his
in
inon
be
of
of
on
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
be ofa
at a
to to of
so
to
of its
by
it offor
of is to
of
an a
to a
at
of
in -
to
of of is ofin to of of
aofbe of all to a inofof
inof of to to in in
of
a
of
by to
a
of his
it In is
a
is of of
in
of
of
of is of Itof ato
he
in
Inas in toof
of
;
of
to
fix of
itan
ifbe in toin
us it isinof a of of a a toan to
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
to
by tobe by to
as
of
of
toinof
is .
is he of
it
to of be
of
is to
ofto its
is of
ofis so in
a
et
ofa ofa
II. of of in
to of it a
in
its
It ofas
of
beto
to his
itonofa it, Ais
ofdoin of
in asas to of in to heof at the ofon ofon inof In his a
of
ofof so
of
of
ofof
it
be ofbe
of to
it ofit to
to
of
its;of in it of;
of
to
of of as on ofon toinInatof into
he of of of in in it of is beis
of as
to ofaa of he of ofina ofhe
aHe I. of it
in
in of toin of to
of in
a by anof
as to
in he is as
to of of -
to
it
in
be
,
of
a
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
aas of to
of
as Aitstoofofin
of
ofof a
to
asinof ofa Itof
a initbe
ofof of to ofof ofisa beby as It of to inhe
toit in
; isofbe in an oftoa beso no
to it, to
is
to of no
it
; II. in
ofto asato in ofof Asbe to to
to to of to be beto
of
.
of
in
heto
of in
so of
it
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
an
it
all
to
to
to
of
at in
he
of
hea
of
to II. abeIn
it.
of
in
in
at
is toto
to it in
in
It
of
it is
inaof toofit into
in heisofto itsto in of to
be in of all of 5, aof It in of
of
be
on
of asain of
tohe into to
of
be
he
as it
to
;
to
is as
in of
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
on of
; be a of
it, is
in
of
to be
as aI
to
of
to at to
a
of
to
of
to of a be
he
of of as
ofof
it
of
on of ofin
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. Oliver John
Ship Money and the Case Impositions.
pointed out this connection; and have therein risqued some remarks the subject Benevolences the crown; with view shew, how far they have been condemned and are clearly unlawful. -In the Case the Bankers, some curious subjects are discussed; more especially the general power the Crown alienate Revenues before the restraining statute queen Anne whether some particular Revenues, account
their special nature, were not privileged and exempt from the Crown's general power
alienating; and whether the Barons the Exchequer could compel the Lord Treasurer issue money for payment the King's Debts, or, other words, whether
the Receipt the Exchequer under the controul the Barons. The most remark able the arguments this famous Case, or, least, those which have reached the present times, lord Somers. not only unfolds the constitution the Exche quer with great minuteness; but other respects most excellent, having scope and compass, which will ever render infinite value the profession the law.
anxious, indeed, was his lordship sustain his opinion by the most authentic mate rials, that the Records referred and stated his Argument are said have cost him several hundred pounds. My Note this Case, explains how arose, the progress
and how the Claims the Bankers and their Creditors were finally adjusted by act parliament, with some other particulars, which thought might conducive
thorough understanding the case, and the points decided by it. —In respect the remainder the Cases this Volume, most them relate very interesting sub
#.
venience belongs wholly the framer the Tables and Index this edition; that -
These Tables and Index were prepared Table the Trials quite new accession
another gentleman. The Chronological
the former Editions; though the utility
obviates the disadvantage from the disorderly arrangement
many
continuing the first
{.
the Trials
time. This disorder was necessary consequence
olumes the Work Supplemental volumes. The merit lessening this incon
writing account connection with the Case
jects; amongst which the chief are, the effect Matrimonial Sentences siastical courts, the extent the Privilege Parliament, the question
the Eccle
General War
rants, the question the Seizure Papers, the powers claimed
State and Privy Counsellors, the question the Slavery Negroes
the power pressing Mariners. However, some the early cases
do, confess, require apology; being certainly too loose and imperfect the state ment deserve the name Trials. My inducement insert them was, that wished
give the reader some proof, how very extensive was my enquiries and researches new matter, supply the omissions former collectors; and hope, that the
Notes which precede short these Accounts Trials, will received full testimony my industry that respect. —Thus much may suffice apprise the Reader what
expect from the contents the present Volume.
my Preface the first Volume this Edition STATE TRIALs, thought, that
had sufficiently explained myself guard against any responsibility beyond what
really belongs me. But from the manner placing my name the title the
Collection, which now think might have been less ambiguous, very erroneous
notion has prevailed, the extent my very limited share the undertaking.
therefore deem proper more explicit this head; and with that view, here
take the opportunity declaring, that the only parts the Work for which am
any respect accountable, exclusive the present preface, are the preface with my
name the first volume; and the selection the Trials and Cases for this Volume,
with such annotations have given the course particularly those before the
several Trials. As the Trials the ten preceding Volumes, they were printed
literally from the last the former Editions; nor did see much one sheet
those Volumes before was printed and published, except only the sheet containing
my Preface and the Title the first volume. am equally free from responsibility. for the Alphabetical and Chronological Tables the Trials this Collection, and
the General Index Matter; which are placed the end this Volume.
the Work; there being apparent,
such
great measure
Secretaries England, and
have introduced
to
I toto of
atobeof toisaI
of of
of
in
to
of ofof ofto
to
for
is of forto Into I
of it, So
of
it Ito
is to isof
to
itofto of as by of as
an on
of in
of inof of
ofto
is all of
ofon
ofof in
of of at
toof as in so
to it in its
I it, of
to
in to onits beof toof
of
of is of to of
in to
a all in to in :of
of ofofof of ontoitIt of ofin ofofto
by
it ofI of I I at
ofof on of of of Inon
in
it I . St.
in ainIasdo Ibyof beto on ofnoofas ain ofon
is, sixin of in I
I he of
to
a of of of of
I in of of
for
IIaI
to
to
liv PREFACES TO FORMER EDITIONS.
both the proposal of such an improvement and the execution of it originated from him. All that I can pretend to say further concerning the Tables and Index that the latter has been executed much greater expence than would have been incurred, had not made particular request the proprietors the edition liberal their allowance for useful and laborious part the undertaking; and further, that have every reason believe, that the gentleman who compiled the General Index Matter, has been extremely diligent endeavouring render acceptable.
Brompton-Row, Kaiguilridge, Aug. 1781. FRANCIS HARGRAVE.
30,
a
to
at
to in
of to
it
to
ofI
of
it a
so
a
be
is,
in if I
State Trials.
lv
C O B B E T T'S
COMPLETE COLLECTION OF
-
Canterbury, Brady's Com
14th September
State Trials. 1. Proceedings against Thomas BEck Archbishop
for High Treason. plete History, 383.
THE most satisfactory
ceedings
Henry 1163. Tyrrell, 312. ]"
Brady's short account
narrative History
the previous
the day, but sent the king four knights, with his Letters, and
these Pro England.
Holy-rood Day, the The Archbishop came not
After
Becket,
pressive, mischievous, and intolerable insolence injury John, and the imperfection proof and usurpation, after was made Archbishop
relates several instances
life
his op
the Letter the Sheriff Kent, attesting the
Canterbury. He then proceeds thus:
(that because had sworn upon the Tro paz, and not upon the Gospels. )—The Monk Canterbury reports sent, duos legales
“The king, suspecting might escape un
punished, commanded the Bishops and great homines per quos excusatus est, Quod citatus
men meet fore the feast
Northampton, the day be
Calixtus the Pope (which was Fitz-Stephan (p. 21. col.
non venit Regis praesentiam non enim
contemptus fuit, sed infirmitate valida invitus retentus est. Two lawful men make his
Excuse that appeared not before the king, that was not out contempt, but reason
12th Oct.
says was the octaves St. Michael, that
the 6th October, and that was there with the Archbishop, Octavu Sancti Michaelis,
was unwillingly detained great sickness. “However was, the king was very angry, 'ipsa die veninus Northamtonam. — this that came not his own person, make
Jeria tertia, Concilii dicta die Rer aderat
Council the Archbishop was accused upon the the Allegations the knights brought, whom
occasion of Controversie between him and
treated with threats, such that against the kings citation, brought into his Court false and
John Marshall (or the Marshall). This John
demanded the Archbishop manor farm,
which was member of one of his towns called though they had given security. —At the re
Pageham: He came with the king's writ into the Archbishop's Court (to remove the suit, may supposed) where could gain nothing,
having right, saith mine Author) and the law then was, proved the defect the Archbishop's Court (that had not right done
whim, may supposed) and swore upon Tropaz, Book Old Songs (as Gervase Canterbury calls which drew from under
coat; and the Justices the Archbishop's
London, and would there the morrow, Book, whereas ought have sworn upon and then their cause should be discussed. Gospels. -John comes the king and pro Erat siquidem Johannes ille cum Thesauriis,
cures his Writ, which the Archbishop was carteris fiscalibus pecunia publici eris Re
required answer him the King's Court, ceptoribus Londoniis ad Scaccarium, &c. Ubi
and the day appointed for appearance was etiam placita Corona Regis tractantur; for WOL.
Court accused him for swearing upon that
the king's command for the cause John. The king replied that John was his service
frivolous excuses, and scarce them free
quest, John appointed another day,
wit, the first day the Council, and sent his Writ the Sheriff of Kent cite the Archbi
shop, for the king would not write him, be
cause he would not salute him.
any other solemn Summons Letter, according ancient
Custom. The Archbishop appeared, and said was come
Nor had he
the Council
I.
asbe onittoa
to or a of heis
hisin
he of a
he
& M,
atby
II.
|| the his (as is, the of
by he to to
it)of
of he he
he
to be
ofhe
in
of
he
or of
& toto
- on let
by
;
of of
be
ofat
in
of
ofa as it
or
In
inhe to
to
no
of a ofon
to
of
he
it is,of
A. ET, D.
of go
by to he
to
by
his
as
[1
it
he
he
3d
of ofof
29
; 1. )
he ofto
ad
of
he
at
of
he
of
of
-
king bad him on the morrow.
home, and return
his cause
STATE TRIALS, 9 HENRY 1163. -Proceedings against Thomas Becket
3]
this John was amongst the Officers the Re knowledging the Judgment,
the custom
was pro he was
ceipt pleas
the Chequer London, where also
the king's Crown were handled That first day there was nothing more
was.
“Afterwards, the same day,
secuted for 300l. had received,
holden.
done between
the king and archbishop, the
Castellan, Constable the Castles Eye Suffolk, and Berkaunstead Hertfordshire. The Archbishop first waved the Action, by saying was not cited for that matter. And
“On the second day, before
except the bishop Rochester and another
which were not then come, and all the earls ney, and much more, the reparations the
and barons England, and many Norman dy, Archiepiscopus lese Majestatis, Corona Regiae arguitur. The Archbishop was ac cused Treason, because said before,
was cited the king the Cause John,
Palace London, and those Castles, might seen. The king would not admit had done this, and exacts Judgment. The Arch bishop ready please the king, and not wil
Bishops ought pronounce sentence,
not
we are
he, you are his fellow
us,
lay-men, you
eccle
ceedings.
“On the fourth day,
persons came the Archbishop’s house, where
“To these things one the Bishops an
the Bishops,
further said, That had expended that mo
ling such sum money should the cause and neither came, nor made sufficient ex anger between then gave security three
cuse. The Archbishop's defence signified no lay-men, distinctiy and severally, the earl
thing; yet alledged the foresaid Injury John, the proper Jurisdiction the Cause,
Glocester, William Eynesford, and another, all his tenants.
and the Integrity his Court. “The king demanded Judgment;
son the Archbishop was approved
“On the third day, was prosecuted the Rea king's suit for 500 marks lent him the Army seem Tholose and for other 500 which bor
all, out
reverence royal majesty, rowed Jew upon the king's security; liege housage, that the Arch was also prosecuted for the profits the the king, and from the fidelity Archbishoprick and other Bishopricks and Ab
and the bond
bishop made
and observance
had sworn
Defence; because when cited the king neither came, nor his messengers alledged any corporal infirmity, necessary adminis tration any ecclesiastical office, that could not deferred. And they condemned him,
beys that were void during his Chancellorship: of all which he was commanded make an
account the king. The Archbishop said came not prepared Answer this matter, nor was cited concerning yet time and place would his lord the king accord ing right. The king exacts security upon that answered ought have the ad
terrene honor, which the king, that made small
the king's mercy for his moveable
goods. -There was Difference between the
Bishops and Barons, who should pronounce
Judgment, each them imposed upon from that day, neither Barons, nor Knights, other, excusing themselves. The Barons said, came his house hostel, visit him, hav
{. . .
siastical persons.
priests, and fellow bishops.
ing king's pro understood the mind these
treated with the Bishops severally and apart, swered, Yea rather your office than ours; and with the Abbots severally and apart. The
for this not an ecclesiastic Sentence, but bishop Winchester advised him offer secular, we not here Bishops, but Barons, Composition Money, and try the king that we are barons, and you are barons; we are way; 2,000 marks were offered but refused. peers equals here, (pures hic sumus). You Others encouraged him maintain bravely the cannot rely upon our Order, for you have Liberties the Church, but most persuaded
respect that us, you must also have re gard him, and then we are Bishops,
we cannot judge our Archbishop and lord. “The king hearing this controversie
about pronouncing Sentence was soon end
ed, and imposed upon the bishop Winches
ter, who unwillingly pronounced Archie many barons, demand him his Resolution - piscopus autem quia sententiar, vel Recorda after these Consultations and Advices, and tioni Curia Regis Anglic non licet contradi
eere, sustinuit, Consilio Episcoporum addacta
ad mitigandum honorandum regem solenni
from the vacant Churches manum ejus missione, quasi Concessionis Ju Chancellorship, and stand
the time his the Judgment The Archbishop
dicti; moris est. The Archbishop, because Court
and
that matter.
the Bishops, That
vice his Suffragans and Clerks about The king yielded and departed. And
compliance with the king.
“It said they consulted very closely on the fifth day, which was Sunday, but the result their Debates and Counsels not mentioned.
On the sixth day the Archbishop fell sick, and the king hearing sent his earls and
know him whether would give Security render an Account of what he received
Re answered hindred
no man might contradict Sentence,
cord made the king England's court,
advice the bishops, submitted
by forced compliance, for the honour and
mitigation the king, solemnly put himself inward chamber with the Bishops, who under his power, were granting and ac staid with him long time, and with the-m
come the
Court and what
sickness, would
was not the morrow
ought. He came next day, and found the king
the ecclesiastical
as it
in ofa byof of So to
a
of
or it, he to
he
a
bebe to or in
to of
in outoed
ofut itto is
of
of ofof
ofin insititto
by
totoofhe ofgo & is of
in of
of as or in
a
: of
it as
of
as a is
to : it. of it, or
: itné
of II.
by
it
a it hehe ofhe or
an his to of he “.
he of of be
in
to
; to
to ofhe he of
do
he it, to he of
de he
to he ; in of
if
byhe
of
all
of to of
of is of
bybyin of hetoa;a
or
heonif he
by
in be
ashe
toin
all
to he
to
it,
in to
in
as
to
in to
to
to
in of to a a it. he of
heas
of
he by of at
of
of
all
all
all
to
of he todo of on
[4
5] STATE TRIALS, 9 HENRY 1163. —for High Treason. [6
Roger archbishop York, who came last, that That depending the Appeal, they should not might not suspected one the judge him Secular Accusation, cause king's private counsellors, and advisers. The things done, before was Archbishop. And
Archbishop sat outward room with his that did then appeal, and put his person and
cross own hand, while his suffragans,
and the earls and barons, were called the
king. —The Bishops this Conference told the
king, that the Archbishop when advised urged the Bishops, the homage they had with them, told them, they had used him very done, and the fealty they had sworn him,
enemy, that together with the Barons, They would dic and not judged him justly, but after un late him Sentence concerning the Arch
heard manner, because for one absence bishop, simul cum Baronibus Archiepiscopo (pro una absentia, quam supersisam dicunt) subi dictent Sententiam. They began excuse which they call Delay Default, and was themselves reason his Prohibition; the
and with the Barons treated him
not
judged Contumacy, they ought not king was not satisfied, and said this his simple
pecuniary that he should forfeit all his moveable
the king, they should his The Bishops also told him that had
the Pope against this Sentence, and the authority the Pope forbidden
Prohibition ought not hold against what was done and sworn Clarendon. They reply, they should not obey his Prohibition, would
censure them, and that for the good the king and kingdom, they should obey the Prohibi tion. At length the king's persuasion they went the Archbishop. –And the Bishop
Chichester told him that lately Clarendon,
have condemned him such mulct
goods mercy. appealed
them for the future judge him lar accusation.
“The king was very much moved
lation, and sent the Earls and many Barons, know of him whether he was the author
this appeal, and prohibition, especially seeing
was Leige-man, and bound him common and special Oath Clarendon, “That would sincerely and legally observe his legal
cerning the Account his Chancellorship. To
which demands, this was his Answer, “That
was indeed bound the king leige homage,
fidelity, and oath, but the oath was chiefly sa appeal the Pope, and for this time give obe
cerdotal That respect God, was
due obedience and subjection, obliged ob
serve honor and fidelity toward him. Saving obedience God, ecclesiastical dignity, and the episcopal honor his person. That
declined the Suit, because he was not cited yield Account upon any other Cause,
dience your Prohibition.
“The Árchbishop answered him would
present the prosecution the Appeal, and that there was nothing done Clarendon
them him, (nisi salvo honore Ecclesiastico) which their Ecclesiastic honor was not
saved. 'Twas true, said, that they promised, good faith, without deceit, and lawfully, observe those Determinations, and those
than that John neither was he bound
make Answer, hear Judgment any other.
He confessed had received many Adminis words, the Dignities their Churches, which trations and Dignities from the king, which they received the Pontifical law, were safe.
had faithfully served him, well England, For whatsoever was against the true faith
beyond sea, and had spent his own revenue his service, and for the same contracted
the Church, and against the laws God, could not bond fide, legitime observari; good
many debts. As his putting pledges fidejussors render Account, ought not compelled that, because was not
faith, and lawfully observed. Also Chris tian king hath Dignity, the use whereof
adjudged it; nor had any citation
the liberty the Church, which
the cause Account, any other except that of John the Marshal. And as the Prohi
you call Royal Dignities, were scnt the Pope confirmed, and brought back, rather dis
bition that day made the Bishops, and Ap allowed than allowed him hath shewn
peal, did acknowledge, that said his
example, and taught that we should so, being ready with the Roman Church,
fellow bishops, That for one Absence, but not
Contumacy, they had unjustly condemned him,
contrary the custom and example anti that refuseth.