Mr. Under-Sheriff. Lay your heads toge-
ther, gentlemen, and consider of your verdict.
They did so standing at the bar.
Under-Sheriff. Are you all agreed of your
verdict ?-Omnes. Yes.

Under-Sheriff Who shall say for you?
Omnes. Foreman.

you see how the man is. The witness tells | say I hope I shall never see such a parliayou since the beginning of this term, the de- ment. claration being delivered, and by the course of the court he ought to plead within such a time, the attorney goeth to him for a plea in order to make his defence if he could in the action now before you, but he lets judgment go by default; and so far is he from repenting of what he had formerly none, that he persists in it, and tells him, Are you the duke's attorney? Yes. Well, I care not a farthing for the duke nor his attorney neither; it may be I may be in here for 100,000l. (and that I believe is one of the truest things he ever spoke in his life) but suppose I be, I do not doubt but when a parliament meets, a time will come, when some other people may come in my place. But truly since he has declared his hopes, I think it may not be amiss for us to declare our's too; and for my part, to

Under-Sheriff. What damages do you find?
Sir Charles Lee. Full damages, An Hundred
Thousand Pounds.

Under-Sheriff. What costs?
Sir Charles Lee. Twenty shillings.

Which Verdict being recorded in an inquisition intended, taken under the hands of all the jury, was afterwards annexed as the return to the writ of Inquiry.

309. The Trial of THOMAS ROSEWELL,* a Dissenting Teacher, at the King's-Bench, for High Treason: 36 CHARLES II. A. D. 1684.

23 Oct. A. D. 1684.

THIS day, being the first of the term, Mr. Attorney-General moved the court of King'sbench for an Habeas Corpus, directed to the keeper of the Gatehouse, to bring up the body

* "There were two famous trials in Michaelmas term: three women came and deposed against Rosewell, a Presbyterian preacher, treasonable words that he had delivered at a conventicle. They swore to two or three periods, in which they agreed so exactly together, that there was not the smallest variation in their depositions. Rosewell on the other hand made a strong defence: he proved, that the witnesses were lewd and infamous persons. He proved, that he had always been a loyal man, even in Cromwell's days; that he prayed constantly for the king in his family, and that in bis sermons he often insisted on the obligations to loyalty. And as for that sermon, in which the witnesses swore he delivered those words, he shewed what his text was, which the witnesses could not remember, as they remembered nothing else in his sermon besides the words they had deposed. That text, and his sermon upon it, had no relation to any such matter. Several witnesses who heard the sermon, and some who writ it in short hand declared, he said no such words, nor any thing to that purpose. He offered his own notes to prove this farther: but no regard was had to them. The women could not prove by any circumstance that they were at his meeting; or that any person saw them there on that day. The words they swore against him were so gross, that it was not to be imagined any man in his wits could express himself so, were he ever so wickedly set, before

of Thomas Rosewell, clerk, to be arraigned upon an indictment of High-Treason, found against him at a late session of Oyer and Terminer, held at Kingston in the county of Surrey; and it was desired returnable to morrow, but was not taken out till that day, return

a mixed assembly. It was also urged, that it was highly improbable, that three women could remember so long a period upon one single hearing; and that they should all remember it so exactly, as to agree in the same deposition. He offered to put the whole upon this issue: he would pronounce a period, as long as that which they had sworn, with his usual tone of voice with which he preached, and then leave it to them to repeat it, if they could. I set down all this defence more particularly, that it may appear what a spirit was in that time, when a verdict could be brought in upon such an evidence, and against such a defence. Jefferies urged the matter with his ordinary vehemence: he laid it for a foundation, that all preaching at conventicks was treasonable, and that this ought to dispose the jury to believe any evidence whatsoever upon that head, and that here were three positive concuring witnesses, so the jury brought him in guilty. And there was a shameful rejoicing upon this. It was thought, now conventicles would be all suppressed by it; since any person that would witness that treasonable words were delivered at them would be believed, how improbable soever it might be. But when the importance of the words came to be examined, by men learned in the law, they were found not to be treason by any statute. So Rosewell moved for an arrest of judgment, till counsel should be heard to that point, whether the words were

able immediatè, and upon Saturday it was re- England, and to sow sedition and rebellion turned.

Die Sabbati, 25 Oct. 1684. B. Regis.

DOMINUS REX vers. ROSEWELL. This day Mr. Rosewell was brought upon the Writ of Habeas Corpus, to the bar of the court of King's-bench, and was thus arraigned: Cl. of Cr. Thomas Rosewell, hold up thy hand. [Which he did.]

within the kingdom, and to depose our said sovereign lord the king from the stile, honor, and regal name of the imperial crown of this realm, and bring our said sovereign lord the king to death and final destruction, the 14th day of September, in the 36th year of the reign of our said sovereign lord the king that now is, at the parish of Rotherhith aforesaid, in the county of Surrey aforesaid; didst propose, compass and imagine to sow sedition, and raise rebellion against our said sovereign lord the king, within this kingdom of England, and to make a miserable slaughter among the sub

"Thou standest indicted by the name of Thomas Rosewell, late of the parish of Rotherhith, in the county of Surrey, clerk; For that thou, as a false traitor, against the most serene and most excellent prince our sovereign|jects of our said sovereign lord the king, and lord Charles the Second, by the grace of God, to cause our said sovereign lord the king to be king of England, Scotland, France, and Ire- deposed from the regal state, title, and honour land, defender of the faith, &c. thy supreme of the imperial crown of this realm, and to and natural lord; not having the fear of God in put to death, and final destruction, our said sothy heart, nor weighing the duty of thy alle-vereign lord the king; and the government of giance; but being moved and seduced by the this his kingdom of England at thine own will instigation of the devil; the cordial love, and and pleasure to change and alter; and the true, due and natural obedience, which a true state of this kingdom of England, in all its and faithful subject of our said sovereign lord parts well ordered and constituted, to overthrow the king doth, and of right ought to bear to- and subvert; and to levy war against our said wards him, altogether withdrawing; and con- sovereign lord the king, within this kingdom : triving and intending to disturb the peace and And to complete thy said most wicked treasons, common tranquillity of this his kingdom of and traiterous purposes, and imaginations; and to raise discord between our said sovereign treason, or not. In Sidney's case they refused lord the king and his people, Thou the said to grant that, unless he would first confess the Thomas Rosewell, the aforesaid 14th day of fact. And, though that was much censured, September, in the 36th year aforesaid, at the yet it was more doubtful, whether council parish aforesaid, in the county aforesaid; ought to be heard after the jury had brought in falsly, unlawfully, seditiously, maliciously and the verdict. But the king was so put out of traiterously, in a certain unlawful assembly, countenance with the many stories that were and in the presence and hearing of divers subbrought him of his witnesses, that the attorney jects of our said sovereign lord the king, then general had orders to yield to the arrest of and there unlawfully and seditiously, and judgment; though it had been more to the against the laws of this land, assembled and gaking's honour to have put an end to the business thered together: didst speak, assert and deby a pardon. It was thought a good point clare, That the People' (meaning the subjects gained, which might turn to the advantage of of our said sovereign lord the king), made a the subject, to allow that a point of law might be flocking to our said sovereign lord the king, argued after conviction. The impudence of upon pretence of healing the king's-evil, this verdict was the more shameful, since, which he' (meaning our said sovereign lord though we had a popish successor in view, the king) could not do; but that we' (meanhere was a precedent made, by which positive ing thyself, and other traiterous persons, subwitnesses, swearing to any thing as said in ajects of our said lord the king) are they to sermon, were to be believed against so many probabilities, and so much proof, to the contrary, which might have been at another time very fatal to the clergy." Burnet's History of his Own Times, vol. 1, p. 597.

"Rosewell was attaint, by verdict, of hightreason in London, and having made his peace with the Lord Chief Justice, moved by his counsel to arrest the judgment for an error of form in the record. The Lord Chief Justice could not contain himself, or be concealed, but openly rejoiced at the accident, and was tickled with mirth and laughing at the king's counsel. But the serious observation was that, after he had urged the prosecution of Rosewell, and a fault slipt, be should so merrily discharge him." North's Life of Lord Keeper Guilford. Vol. 2. p. 107, 8vo edit. of 1808.

6

whom they' (meaning the subjects of our said lord the king) ought to flock, because 'we' (meaning thyself, and the said other traiterous persons) are priests and prophets, that by our prayers can heal the dolours and griefs of the people. We' (meaning the subjects of our said sovereign lord the king) have had two wicked kings' (the most serene Charles the First, late king of England, and our said sovereign lord the king that now is, meaning) together, who have permitted popery to enter in under their noses; whom (meaning the said Charles the first, late king of England, and our said sovereign lord the king that now is) we can resemble to no other person but to most wicked Jeroboam.' And that if they, (meaning the said evil-disposed persons then and there, so as aforesaid with thee unlawfully assembled, and gathered together) would

Ros. I humbly crave your lordship's pa- Rosewell. My lord, I humbly crave the fatience a little. Pray, my lord, give me leave-vour it may be read once more in English. Just. Hol. Sir, you will be heard whatever you have to say, at the time of your trial.

Justice Holloway. What time would you have, Mr. Attorney? When can you be ready, Mr. Rosewell?

Rosewell. I desire, my lord, it may be on the 19th of November.

Just. Holloway. What day of the week 'is that?-Mr. Clerk. Upon Wednesday.

Just. Holloway. Are there no arguments appointed for that day?

Clerk. There is a jury of Northamptonshire for that day.

Att. Gen. That was in a matter of law, that was insisted upon, but it is not so here; if this gentleman had any matter of law to plead, he should have counsel assigned him too. But, Sir, I think Tuesday the 18th of November will be the freest and most convenient day.

Just. Holloway. Let it be that day then. Cl. of Cr. The 18th of November is the day of your trial.

Rosewell. But my lord, was not counsel al

Just. Holloway. Then it cannot be that day.lowed him before his trial came on? Rosewell. Then, if it please your honours, I desire it may be the next day; upon Thursday.

Att. Gen. When it is most convenient for the business of the court.

see

Just. Holloway. Sir Samuel, you will when it will be most convenient at the return of the Venire.

Cl. of Cr. Must I return it?

Att. Gen. No; the sheriff must: and the course is to make it returnable the same day the cause is tried.

Rosewell. My lord, I humbly desire I may have counsel allowed to come to me.

Att. Gen. You can have no counsel allowed you.

Rosewell. My lord, I request that my friends may be allowed to come to me in the mean time; I have been a prisoner above this month, and not permitted to see my friends, nor they to see me.

Just. Holloway. What friends would you have ?-Rosewell. My relations.

Just. Walcot. That relations is a large word. Att. Gen. Truly, Sir, I think he may have liberty to discourse with any person in the presence of the keeper, I shall not oppose that. Rosewell. Yes, my lord, I desire no otherwise.

Just. Walcot. Who do you name to come to you?

Rosewell. I have poor children, that desire and long to see me.

Just. Holloway. Who do you say, you would have come to you?

Rosewell. My wife and children, my lord, that are my bowels.

Att. Gen. In the presence of the keeper 1 cannot oppose it.

Rosewell. Will your lordships please to allow counsel to come to me?

Just. Holloway. We cannot do it by law. The court is to be of counsel for you when you come to your trial. The court will not suffer any thing to be done to your prejudice against law.

Rosewell. Is there any statute, my lord, that forbids the giving of counsel ?

Just. Holloway. The law forbids the allowing of counsel in capital causes: unless where matter of law doth arise.

Rosewell. My lord, as I remember, Fitzharris had counsel allowed him.

Just. Holloway. That was in a different case, in a matter where there were special pleadings; this is a general issue.

Just. Holloway. Yes: but that was upon a special plea, of a matter in law.

Rosewell. I hope you will consider my case as of one that knows not the law.

Cl. of Cr. Tuesday the 18th of November is the day.

Rosewell. My lord, I humbly request the favour that any person that can speak of my integrity, may come and testify for me.

Att. Gen. Ay, ay; you may have subpœnas out of the office for any body who you will, that are to be witnesses for you.

Just. Walcot. The officers of the court will do all things that are requisite and legal for you.

Just. Holloway. Then take back your prisoner, Keeper.

Att. Gen. I do not know truly, whether the practice of the court is not to commit to the Marshalsea, being the prison of the county of Surrey

Cl. of Cr. Sir, it may be one or the other way, as the court thinks fit. As long as the King's-bench sits in Middlesex, he may be prisoner still in the Gate-house.

Keeper. Then the rule of the court is that he shall come again then.

Cl. of Cr. Yes, he is, by rule, to appear here the 18th of November next. Whereupon he was carried back to the Gatehouse.

Die Martis, Nov. 18, 1684.

This day the prisoner was brought, by rule, from the Gate-house to the bar of the King'sbench court to his trial, at which all the judges of the said court were present.

Cl. of Cr. Thomas Rosewell, hold up thy hand. [Which he did.] Those men that thou shalt hear called, and do personally appear, are to pass between our sovereign lord and thee, upon the trial of thy life and thy death: If therefore thou will challenge them, or any of them, thou art to speak unto them as they come to the book to be sworn. Sir George Sheeres, baronet.

Rosewell. My lord, I would humbly crave the favour of your lordship, that I may have the use of pen, and ink.

L. C. J. (Sir G. Jeffreys.) Ay, in God's name let him have pen and ink.

Cl. of Cr. Swear sir George Sheeres, bart. Rosewell. I beg I may have pen, ink and paper, before he be sworn,