« ՆախորդըՇարունակել »
session of this current parliament, but is here and will, acknowledges bis guilt, and escasing ly excepted therefrom in all time coming. it by his youth and ignorance; and hopes to
obtain a pardon. It appears, that Tarras engaged in the Con
“ Feb. 5. 1685. The earl of Tarras's rennisfederacy preparatory to the Revolution, (See 4 Laing, 186, 187.) And he is one of the sub- sion is passed, and he was set at liberty out of seribers to the “ Act declaring the meeting of castle, it only pardons bim his life, but the estates to be a free and lawful meeting.”
does not restore to his title of honour, (which
even before was only ad vitam,) and there was Fountainhull's Notices of this Cusc are as fol
no account how bis estate was to be disposed of, lows :
or how much thereof thereof they would allow
to himself. Nota. It was afterwards annexed “ October 1st, 1684. The earl of Tarras by to the crown, by the 42d act of parliament a petition casts himself on the king's mercy | 1685.”
$22. The Trial of Titus Oates, D.D.* at the King's-Bench, for Perjury: 1 James II. A. D. 1685.
may have some conveniency for the May 8, 1685.
managing my own trial. This day being appointed for the trial of L. C. J. (Sir George Jefferies.) Ay, af, one of the causes between our sovereign lord let him sit down there within the Bar, and let the king, and Titus Oates, for Perjury; the bim bave conveniency for his papers. same began between eight and nine in the Cl. of Cr. Cryer, swear sir William Dodmorning, and proceeded in the manner fol- son. lowing. First, Proclamation was made for
Oates. My lord, I except against sir Wil. silence, then the Defendant was called ; who liam Dodson. appeared in person, being brought up by rule Att. Gen. (Sir Robert Sawyer.) What is from the King's-Bench prison, where he was the cause of exception, Mr. Oates? in custody, and was advised to look to his L. C. J. Why do you challenge bim? Challenge to the Jury that were impannelled Oates. My lord, I humbly conceive in to try the cause.
these cases of criminal matters, the defendant Oates. My lord, I am to manage my own 'has liberty of excepting against any of the Defence, and have a great many Papers and Jurors, without shewing cause, provided there things which I have brought in order to it; I be a full Jury besides.
:- De 2. C. 3."No, no, that is not so, you are * See his Trial for Scandalum Magnatum, mistaken in that, Mr. Oates. p. 125, of this Volume.
Oates. My lord, I am advised so, I do not “But now the sitting of the parliament of understand the law myself. England came on. And, as a preparation to L. C. J. But we will tell you then, it can. it, Oates was convicted of perjury, upon the not be allow'd; if Mr. Attorney will consent evidence of the witnesses from St. Omar's, to wave him, well and good. who had been brought over before to discredit Att. Gen. No, my lord, I know no reason his testimony. Now juries were so prepared, for it, I cannot consent to any such thing. as to believe more easily than formerly. So L. C. J. Then, if you will not have him he was condenined to bave his priestly habit sworn, you must shew your cause presently, taken from him, to be a prisoner for life, to be Oates. My lord, i cannot assign any set on the pillory in all the public places of the cause. city, and ever alter that to be set on the pillory L. C. I. Then he must be sworn. * four times a year, and to be whipt by the common hangman from Aldgate to Newgate one “ In Criminal Cases, or at least in Capital day, and the next from Newgate to Tyburn; ones, says sir William Blackstone, Comm. which was executed with so much rigour, that Book 4, chap. 27, “there is in favorem vitæ his back seemed to be all over flead. This was allowed to the prisoner an arbitrary and caprithought too little if he was guilty, and too cious species of challenge to a certain number much if innocent, and was illegal in all the of jurors without shewing any cause at all, parts of it: för as the secular court could not which is called a peremptory challenge.” The order ecclesiastical babit to be taken from bim, law respecting peremptory challenge is stated so to condemin a mau to a perpetual imprison by the learned Commentator with some partiment was not in the power of the court: and cularity, and very satisfactory reasons are asthe extream rigour of such whipping was with signed by him for the establishment of that out a precelent. Yet he, who was an original provision. It is, perhaps, to be regretted, that in all iliings, bore this with a constancy that he did not enter with equal particularity into amazed all those who saw it. So that this the doctrine of Challenge for Cause in Criminal treatment did rather raise his reputation, than Trials. Mr. Christian, in his Notes on Blacksink it.” 1 Burnet, 637.
stone, says that a peremptory challenge is not
Cl. of Cr. Swear him.
to the record, and stand together, and hear the Cryer. Sir William Dodson, take the book; evidence. you shall well and truly try this issue between
The Names of the Twelve sworn, were our sovereign lord the king and Titus Oates, these. Sir William Dodson, sir Edmund and a true verdict give according to the evi- Wiseman, Richard Aley, Thomas Fowlis, dence; so help you God.
Thomas Blackmore, Peter Pickering, RoCl. of Cr. Swear sir Edmund Wiseman.
bert Beddingfield, Thomas Rawlinson, Roger Which was done.) Richard Aley, esq.; Reeves, Ambrose Isted, Henry Collier, and (Who was sworn.] Benjamin Scutt.
Oates. Before the counsel opens the cause, Oates. My lord, he was one of the Grand | I desire to more one thing to your Lordship. Jury that found the Bill.
L. C. J. What is it you would have ? L. C. J. Was he so ? That is an exception Oates. My lord, I have three witnesses indeed ; what say you, Mr. Attorney? that are very material ones to my defence, who
Att. Gen. My lord, I believe he was upon are now prisoners in the King's-Bench, for one of the indictments, but I think it was not whom I moved yesterday, that I might have this.
a role of court to bring them up to day, but L. C. J. But if he were in either of them, it was objected, that they were in execution, he cannot be so inipartial. *
and so not to be brought; I humbly more Att. Gen. My lord, we will not stand upon your Lordship now, that I may have a Habeas it, we'll wave him.
Corpus for them, to bring them immediately Cl. of Cr. Thomas Fowlis.
hither. Outes. Pray let me see that gentleman. L. C. J. We cannot do it. [Wbo was shown to him.] Are you not a
Outes. Pray, good 'my lord, they are very goldsmith in Fleet-street, between the two material witnesses for me, and I moved yesTemples ?-- Fowlis. Yes, I am.
terday for them. Oates. Very well, Sir, I do not except
L. C. J. You did so, but we told your against you, only I desired to know whether it counsel then, and so we tell you now, we can were you or not?
not do it by law, it will be an escape. Cl. of Cr. Swear him. [Which was done.] Oates. "My Lord, I shall want their testiThomas Blackmore, Peter Pickering, Ro- | mony, bert Beddingfield, Thomas Rawlinson, Roger L. C. J. Truly we cannot help it, the law Reeves, sworn.
Edward Kempe, (sworn). will not allow it, and you must be satisfied. Outes. My lord, I challenge him.
Cl. of Cr. Gentlemen, you that are sworn of L.C. J. You speak too late, he is sworn this jury, hearken to the record: By virtue of already
an inquisition taken at Justice-Hall in the OldOates. , My lord, they are so quick, I could Bailey, in the parish of St. Sepulchre, in the not speak, but he was one of the Grand Jury ward" of Farringdon without, London, upon too.
Wednesday the 10th of December, in the 36th L. C. J. We cannot help it now.
of the reign of our late sovereign lord Charles Att. Gen. I did not know that he was so ; ( 2, by the grace of God, of England, Scotland, but to shew that we mean nothing but fair, we France, and Ireland, king, defender of the faith, are content to wave him.
&c. before sir James Smith, knt., mayor of the L. C. J. You do very well, Mr. Attorney city of London; sir George Jefferies, knt. and General; let him be withdrawn.
bart., lord chief justice of this honourable court; Cl. of Cr. Mr. Kempe, you may take your sir Thomas Jones, knt. lord chief justice of the ease ; swear Ambrose Isted. [Which was Court of Common Pleas; William Montague, done.] Henry Collier, Richard Howard, Jord chief baron of the Exchequer; sir James
Edwards, knight, sir John Moore, knight, · Cl. of Cr. Cryer, count these.
aldermen of the said city; and sir Thomas Cryer. One, &c. sir William Dodson. Jenner, knight, one of his majesty's serjeants cl. of Cr. Richard Howard.
at law, and recorder of the same city, and Cryer. Twelve good men and true, hearken others, their companions, justices of Oyer and
Terminer, by the oaths of twelve jurors, honest allowed in any trial for a misdemeanor ; and and lawful men of the city of London aforesaid, he refers as to bis authorities to the decision of who then and there being sworn and charged Jefferies in this Case of Oates, and to the de- to enquire for our said lord the king, and the cision of Lord Chief Just. North in Reading's body of the city aforesaid, upon their oaths Case." (See vol. 7, p. 264, of this Collection). Present, that at the session of our sovereign lord The particular phraseology of Blackstone, and the king, bolden for the county of Middlesex, bis omission to cite those decisions, may seem at Hick's-Hall, in St. John's-Street, in the to indicate that he was not altogether satisfied county aforesaid, on Monday, to wit, 16 Dewith these authorities.
cember, in the year of the reign of our late * See Hawkins's Pleas of the Crown, sovereign lord Charles 2, of England, Scotland, Book 2, ch. 43, sect. 27, Leach's edit. See, France, and Jreland, king, defender of the too, in this Collection, vol. 8, p. 588.
faith, &c. the thirtieth, before sir Reginald
Foster, bart. ; -sir Philip Matthews, bart. ; sir, which faithful subjects of our said lord the king, William Bowls, kt.; sir Charles Pitfield, kt.; towards him, the said sovereign lord the king, Thomas Robinson, Humphrey Wyrley, Tho-should, and of right ought to bear, utterly to mas Hariot, and William Hempson, esquires, withdraw, put out, and extinguish; and our justices of our said sovereign lord the king, to said sovereign lord the king, to death and final enquire hy the oath of honest and lawful men destruction to bring and put, the four and twenof the county of Middlesex aforesaid, and by tieth day of April,* in the year of the reign other ways, manners, means, by wbich they of our late sovereigo Jord Charles 2, by the might better know, as well within liberties as grace of God, of England, Scotland, France, without, by whom the truth of the matter | and Ireland, king, defender of the faith, &c. may be better known and enquired, of what- | the thirtieth, at the parish of St. Giles's in the soever treasons, misprisions of treasons, insar-fields, in the county aforesaid, falsely, malirections, rebellions, counterfeitings, clippings, ciously, subtilely, advisedly, and traitorously washings, and false makings of the money of did purpose, compass, imagine, and intend, this kingdom of England, and of other king. | sedition and rebellion within this kingdom of doms and dominions whatsoever ; and of what England to move, stir up and procure ; and a soever murders, felonies, manslaughters, kill- miserable slaughter among the subjects of our ings, burglaries, and other articles and otfeucas said lord the king to procure and cause; and in the letters patents of our said sovereign lord our said late lord the king, from the regal state, the king, to them, or any four or more of them title, power, and government of his kingdom therefore directed, specified; as also the ac- of England, utterly to deprive, depose, cast cessaries of the same within the county afore down, and disinherit; and bim - our said late said, as well within liberties as without, by sovereign lord the king to death, and final des. whomsoever, howsoever had, made, done or truction to bring and pnt, and the government committed ; and the said treasons, and other the of the said kingdom, and the sincere religion premises, to hear and determine, according to of God, rightly by the laws of the said kingdom the law and custom of this kingdom of Eng- established, at their will and pleasure to change land, being assigned by the oath of Ralph and alter, and the state of this whole kingdom Wain, Johu Vaughan, Richard Foster, Tho- of England, throughout all its parts well in. mas Paget, Robert Newington, Henry Tomp-stituted and ordained, wholly to subvert and kins, Robert Hays, John Greenwood, Peter destroy, and war against our said late soveStimpson, Josias Crosly, Richard Richman, reign ihe king, within this kingdom of EngAugustin Bear, John King, Nathaniel Brett, land to levy: and those their most wicked treaFrancis Fisher, and Samuel Lynn, honest and sons, and truitorous imaginations and purposes lawful men of the county aforesaid, sworn, and aforesaid to fulfil and perfect, they the aforesaid charged to enquire for our said sovereign lord Thomas White alias Whitebread, William Irethe king, and the body of the county aforesaid, land, John Fenwick, Thomas Pickering, and upon their oaths: it was presented, that Tho- John Grove, with other false traitors to the Jumas White, otherwise Whitebread, late of the rors not known, the said four and twentieth day parish of St. Giles in the fields, in the county of April, in the year of the reign of our late of Middlesex, clerk; William Ireland, late of sovereign lord the king, the thirtieth, with the parish aforesaid, in the county aforesaid, force and arms, &c. at the parish of St. Giles clerk; John Fenwick, late of the parish afore in the fields, in the county of Middlesex aforesaid, in the county aforesaid, clerk; Thomas said, falsely, maliciously, subtilely, advisedly, Pickering, of the parish aforesaid, in the county devilishly, and traitorously, did assemble themaforesaid, clerk; Joho Grove, of the parish selves, unite and meet together, and then, and aforesaid, in the county aforesaid, gent. as there, falsly, maliciously, subulely, advisedly, false traitors against the most illustrious, se- devilishly, and traitorously, did consult, and rene, and most excellent prince, our said late agree our said late sovereign lord the king to sovereign lord Charles 2, by the grace of God, death, and final destruction to bring and put, of England, Scotland, France, and Ireland, and the religion within this kingdom of Engking, defender of the faith, &c. their supreme land, rightly, and by the laws of the same and natural lord, not having the fear of God in kingdom established, to the superstition of the their hearts, nor weigbing the duty of their al- Romish church, to change and alter; and the legiance, but being moved and seduced by the sooner to fulfil and perfect their said most wicked instigation of the devil: the cordial love, and treasons, and traiterous imaginations and purtrue and natural obedience, wbich faithful sub-poses, they, the said Thomas W bite alias Whitejects of our said sovereign lord the king to bread, William Ireland, John Fenwick, Thomas wards him, should, and of right ought to bear, Pickering and John Grove, and other false traiutterly withdrawing, and contriving, and with tors of our said late sovereign lord the king, to all their might intending the peace and tran- the jurors unknown, afterwards, to wit, the quillity of this kingdom of England to disturb, same 24th day of April, in the said thirtieth and the true worship of God within this king- year of our said late sovereign lord the king, dom of England used, and by law established, to subvert; and rebellion within this kingdom * See the Note to the Case of Ireland, Pickof Eogland to move, stir up, and procure, and ering, and Grove, A. D. 1678, ante, vol. 7, . thç. cordial love, and true and due obedience, P. 91.
at the foresaid parish of St. Giles in the fields, the said four and twentieth day of April, in the in the county aforesaid, falsely, subtilety, ad- thirtieth year aforesaid, and divers days and visedly, devilishly, and traitorously among times afterwards, with force and arms, &c. at themselves, did conclude and agree, that they the parish aforesaid, in the county atoresaid, and the aforesaid Thomas Pickering, John Grove, in other places within the county of Middlesex him the said late sovereigo Jord- the king aforesaid, falsely, subtilely, advisedly, mali: should kill and murder : and that they the ciously, devilishly, and traitorously did lie in said Thomas White alias Whitebread, William wait, and endeavourour said late sovereign lord Ireland, Jobn Fenwick, and other false traitors the king to murder : and that the said Thomas to the jurors unknown, a certain number of White alias Whitebread, William Ireland, John masses between thero, then and there agreed for Fenwick, and other false traitors to the jurors the health of the soul of him the said Thomas unknown, afterwards, to wit, the same four Pickering, therefore should say, celebrate and and twentieth day of April, in the thirtieth year perform, and therefore should pay unto the said aforesaid, at the parish aforesaid, in the county John Grove, a certain sum of money, between of Middlesex aforesaid, falsely, subtilely, ad. them then and there agreed. And the jurors visedly, maliciously, devilishly, and traitorously aforesaid, upon
their oath aforesaid, did fur- didprepare, persuade, exçite, abet, comfort and ther present, that the said Thomas Pickering counsel four other persons, men tu tbe jurors unand John Grove, upon the agreement afore- known, and subjects of our said late sovereign said, then and there falsely, subtilely, advisedly, lord the king, bim our said late sovereign lord maliciously, devilishly, and traitorously did the king traitorously to kill and murder, against take upon them, and did promise to the said the duty of their allegiance, against the peace Thomas White alias Whitebread, William Ire- of our said late sovereign lord the king, land, John Fenwick, and other false traitors of his crown and dignity, and agaiust the form of our late said sovereign lord the king, to the che statute in that case made and provided ; jurors aforesaid unknown, then and there, and thereupon it was so far proceeded, that falsely, subtilely, advisedly, maliciously, de- afterwards to wit, at the court of gaol-delivery vilishly, and traitorously did promise that they of our sovereign lord the king of Newgate, at the said Thomas Pickering and John Grove Justice-hallin Old-Bailey, in the suburbs of the would kill and murder our said late sovereign city of London, in the parish of St. Sepulcbre, lord the king; and they, the said Thomas White in the ward of Farringdon without, London alias Whitebread, William Ireland, John Fen- aforesaid, the seventeenth day of December, in wick, Thomas Pickering, John Grove, and other the thirtieth year aforesaid, before the jusfalse traitors of our said late sovereign lord the tices of our said lord the king, then and there king, afterwards to wit, the said tour and being present, held by adjournment for the twentieth day of April, in the thirtieth year county of Middřesex aforesaid, before whom the aforesaid, at the aforesaid parish of St. Giles indictment aforesaid was then depending, came in the fields, in the county of Middlesex the aforesaid William Ireland, Thomas Pickaforesaid, subtilely, advisedly, maliciously, ering, and John Grove,' under the custody of devilishly, and traitorously, did severally sir Richard How, knt. sir John Chapman, knt. every one of them give their faith each to sheriffs of the county of Middlesex aforesaid, the other, and upou the sacrament then and into whose custody, for the cause aforesaid bethere traitorously did swear and promise, fore that were committed, being there brought to conceal, and not to divalge their said to the bar in their proper persons, and immemost wicked treasons and traitorous com- diately being severally spoken unto concerning passings, consultations, and purposes so be- the premisses above charged apon them, bow tween them had, bim, our said late sovereign they would acquit theinselves thereof; the lord the king, traitorously to kill and murder, aforesaid William Ireland, Tbomas Pickering, and the Romish religion in this kingdom of and John Grove, did say that they were not England to be used, to introduce, and the true thereof guilty, and for the same, for good and reformed religion in this kingdom of England bad, they severally put themselves upon the rightly, and by the laws of the same kingdom country; and by a certain jury of the country established, to alter and change; and that the on that behalf, 'in due manner impannelled, aforesaid Thomas Pickering and John Grove, sworn and charged, then and there, in the same in execution of their traitorous agreement court before the justices of gaol-delivery aforeaforesaid, afterwards, to wit, the same four and said were tryed ; and that upon that trial be. twentieth day of April, in the thirtieth year afore-tween our said late sovereign lord the king, and said, and divers other days and times after, at the aforesaid William Ireland, Thomas Pickerthe aforesaid parish of St. Giles in the fields, in ing, and John Grove, at London aforesaid, to the county aforesaid, muskets, pistols, swords, wit, at Justice Hall, in the Old-Bailey aforedaggers, and other offensive and cruel wea- said, in the parish and ward aforesaid, the de.. pons, him, our said late sovereign lord the fendant, Titus Oates, by the name of Titus king, to kill and murder, falsely, subtilely, ad- Oates, late of the parish of St. Sepulcbre aforevisedly, maliciously, and traitorously did pre- said in the ward aforesaid, clerk, was a witness pare, and obtain for themselves, and them had produced on the behalf of our late sovereiga and kept; and that they, the aforesaid Thomas lord the king upon the trial aforesaid, and bePickering and John Grove, atterwards to wit, fore the aforesaid justices of gaol-delivery in
the court aforesaid, then and there held upon y not guilty, and for his trial bath put bimself the holy Evangelists of God, to speak and tes- upon the country, and his Majesty's Attorneytify the truth, the whole truth, and nothing but General likewise; wbich counny you are. the truth of, and in the premisses between our Your charge is to enquire, whether the desaid late sovereign lord the king, and the afore. fendant be guilty of this perjury and offence said William Ireland, Thomas Pickering, and whereof he is now indicted, or whether not John Grove, put in issue, was duely sworn; and guilty ? if you find him guilty, you are to say that he the aforesaid Titus Oates, then and there so, if you find him not guilty, you are to say in the court of gaol-delivery aforesaid, upon his so, and no more, and hear your evidence. oath aforesaid, upon the indictment afore- | Cryer, inake proclamation. said, at the parish and ward aforesaid, by his Oates. Hold, Sir, I beg one favour of your own proper act and consent, of his most wicked | lordship, to give me leave to have that part of mind, falsely, voluntarily, and corruptly did the record, wherein I am said to have sworn say, depose, swear, and to the jurors of the such and such things, read distinctly in Latin. jury aforesaid, then and there sworn, and im- L. C. J. Let it be read in Latin. pannelled to try the issue aforesaid, between Cl. of Cr. Juravit et jur' jurat' prædict' our said late sovereign lord the king, and the ad tunc et ibidem jurat et impanelat' ad aforesaid William Ireland, Thomas Pickering, triend' exitum prædict inter dict' D’num and John Grove, did give in evidence, that nostrum Regem et præfat' Will'm Ireland there was a traitorous consult of Jesuits that Thomam Pickering, et Johannem Grove in were assembled at a certain tavern, called the Evidentus dedit quod fuit proditoria ConWhite Horse tavern in the Strand, in the sultatio, Anglice, Consult' Jesuit' qui AsWhite Horse tavern in the Strand, in the semblat fuer' apud quandam Tabernam county of Middlesex aforesaid, meaning) upon vocat the White Horse Tavern in le Strand, the four and twentieth day of April, in the • (le White Horse Tavern in le Strand, in Com? year of our Lord 1678, at which consult, • Mid' predict' innuendo) super ticesimum Whitebread, Fenwick, Ireland, (the aforesaid quartum diem April' Ann. Dom. millesimo Thomas Wbite alias Whitebread, John Fen- • sexcentesimo septuagesimo octavo, ad quam wick, and William Ireland, meaning) and be quidam Consultationem, Whitebread, Fenthe said Titus Oates, were present; and that • wick, Ireland, (prædict' Thomam White alias the Jesuits aforesaid did separate themselves • Whitebread, Jobannem Fenwick, eh Will’m into several lesser companies, and that the Ireland innuendo) et præfat' Titus Oates fuer Jesuits aforesaid came to a resolution to murder præsent et quod Jesuitæ prædict sese sethe said our late lord the king, and that be paraver' iu separales minores Conventus the said Titus Oates did carry the resolution . quodque Jesuitæ prædict' venerunt ad Reaforesaid from chamber to chamber, and did solutionem ad murdrand' dictum D'num see that resolution signed by them (the afore- Regem et quod ipse idem Titus Oates portavit said Jesuits meaning) *: whereas in truth and • Resolutionem prædict'à Camerâ ad Cameram in deed, the aforesaid Titus Oates was not pre- et videbat Resolutionem illam signat per sent at any consult of the Jesuits at the ipsos (præfat' Jesuitas innuendo).' That is White Horse tavern aforesaid in the Strand, in the Perjury that you are said to have sworn. the county of Middlesex aforesaid, upon the Oates. Pray go on, Sir, · Ubi revera'24th of April, in the year of our Lord 1678, Cl. of Cr. • Ubi revera et in prædict' Tits nor did carry any resolution to murder our said • Oates non præsens fuit ad aliquam Consullate ford the king from chamber to chamber • tationem Jesuit', apud le Wbite Horse Tavern by any persons to be signed. And so he, the * prædict, in le Strand, in Com' Mid' prædict', aforesaid Titus Oates, on the 17th day of • super vicesimum quartum diem Aprilis Anno December, in the thirtieth year aforesaid,
Domini millesimo sexcentesimo septuagesimo at the Justice-Hall aforesaid, in the court * octavo, nec portavit aliquam Resolutionem aforesaid, upon the trial aforesaid, upon ad dict' D'num Regem murdrand' à Camera the indictment aforesaid, between our said . ad Cameram per aliquas Personas signand.' late lord the king, and the aforesaid Wil- Mr. Just. Withins. Now, you have read it, liam Ireland, Thomas Pickering, and John go on, Sir, to make your proclamation. Grove, so as aforesaid had, by bis own proper Cl. of Cr. Cryer, make an (.yes. act and consent, and of his most wicked mind, Cryer. 0-yes! If any one can inform our falsely, voluntarily and corruptly in manner Sovereign Lord the king, the King's Serjeant, and form aforesaid, did commit voluntary the King's Attorney-General, or this buquest and corrupt perjury, to the great displeasure of now taken, concerning the perjury and offence, Almighty God, in manifesi contempt of the whereof the defendant Titus Oates stands in. laws of this kingdom of England, to the evil victed ; let tbem come forth, and they shall and pernicious example of all others in like be heard, for now he stands upon his discase oflending, and against the peace of our charge. said late sovereign lord the king, his crown and dignity. Upon this indictment he has * See vol. 6, pp. 132, 133. 135. 143. 169, been arraigned, and thereunto hath pleaded sir Henry Vane's Case. See, too, in this Col
lection, Sidney's Case, vol. 9, p. 817, and * Sce vol. 7, PP. 91, 92.
Charnock's Case, A.D. 1696.