Ros. I do not challenge him. [He was sworn.] Cl. of Cr. Richard Coldham, esq. Ros. I do not challenge him. [He was sworn.] Cl. of Cr. Robert Sanders, esq. Ros. I challenge him. Cl. of Cr. John Heather, esq. Ros. I do not challenge him. sworn.] Cl. of Cr. John Austin, esq. Ros. Hold Hold! I crave the favour that the Indictment may be read in Latin. L. C. J. Ay, with all my heart, let it be read in Latin. [Which was done.] Ros. My lord, I humbly crave leave to speak a word or two. L. C. J. What would you have? Ros. I beg your patience for a word or two. I find, my lord, as I told my lords upon the [He was day of my arraignment, that my charge is very black and high and truly if I were guilty of those things that are laid to my charge Ros. Pray, Sir, doth this make twelve if he be sworn?-Cl. of Cr. Yes, Sir. Ros. Then I do not challenge him. [He was sworn.] Cl. of Cr. Crier, count these. Sir George Sheers. Crier. One, &c. Cl. of Cr. John Austin. Crier. Twelve. Good men and true, stand together and hear your evidence. The twelve sworn were these: Sir George Sheers, sir St. John Broderick, sir Robert Knightley, Anthony Thomas, James Reading, Anthony Rawlins, Thomas Overman, Samuel Lewin, John Pettyward, Richard Coldham, John Heather, and John Austin. Cl. of Cr. Thomas Rosewell, hold up thy hand. [Which he did.] Gentlemen, you of the jury, look upon the prisoner, and hearken to his cause. He stands indicted by the name of Thomas Rosewell, &c. (Prout) in the indictment, mutalis mutandis.-Upon this Indictment he hath been arraigned, and thereunto hath pleaded not Guilty; and for his trial hath put himself upon God and his country, which country you are. Your charge is to enquire whether he be Guilty of this high treason, in manner and form as he stands indicted, or not Guilty. If you find him guilty, you are to enquire what goods or chattels, lands or tenements, he had at the time of the high treason committed, or at any time since, to your knowledge. If you find him not guilty, you are to enquire whether he fled for it; if you find that he fled for it, you are to enquire of his goods and chattels as if you had found him guilty. If you find him not Guilty, and that he did not fly for it, you are to say so, and no more, and hear your evidence. Crier, make procla mation. Crier. O yes, yes, O yes! If any one can inform my lords the king's justices, the king's serjeant, the king's attorney-general, or this inquest now taken, of the high-treason whereof the prisoner at the bar stands indicted, let them come forth, and they shall be heard: and all manner of persons that are bound to give evidence on the behalf of our sovereign lord the king against the prisoner at the bar, let them come forth and give their evidence; for now the prisoner stands at the bar upon his deliverance or they forfeit their recogni zance. Mr. Phipps. May it please your lordship, and you gentlemen of the jury : L. C. J. You are now going to be tried for them. I hope you are innocent. Ros. I humbly thank your lordship: I beg you would hear me but a word or two. L. C. J. You must keep up the method of proceedings, your time is not yet come. What is it you would have? Ros. My lord, my soul abhors these things, I thank my God for it. I was going to speak to your lordship, to know whether the words of a natural or a mad-man be treason in law. L. C. J. No. Ros. Then, my lord, the ground of the question is this, I find by recollection and consideration of the words laid to my charge, that my malicious enemies have accused me of what any man in his senses L. C. J. This is not proper, Mr. Rosewell, at this time; for this is but an anticipation. You must hear what is first proved against you. We must keep up to the forms of law, you shall have your full time to be heard whatsoever you will say for yourself; but you must not anticipate the cause with previous discourses. Ros. I would only assert my own innocency. L. C. J. Not yet; you must not do it, nor you shall not do it. When it comes to your turn to speak, you shall have liberty enough to make your defence as long as you will. Go on, Sir. Mr. Phipps. May it please your lordship, and you gentlemen that are sworn: the pri soner at the bar, Thomas Rosewell, stands indicted, That he, as a false traitor, not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil, and endeavouring to disturb the peace and tranquillity of the kingdom, and to depose the king, the 14th of September in the 36th year of this king, at the parish of Rotherith, in your county, did falsly, maliciously, and traiterously, purpose and imagine to raise a rebellion within the kingdom, and to deprive the king, and depose, and put him to death and destruction, and the government to change and alter, and to levy war against the king within the kingdom: and these wicked purposes to bring to pass, be the said Thomas Rosewell, the said 14th of September in the 36th year aforesaid, at the place aforesaid, falsly, unlawfully, maliciously, seditiously and traiterously, in a certain unlawful assembly, then and there you, if any one whisper any of you, you ought to acquaint the court with it. It is your duty to be directed by the court, and the evidence. Here is a man's life in question, and that is a very weighty thing: and you must not take any private insinuations, but only hearken to your evidence, and mind what is spoken publicly, that the prisoner may be able to give answer to it. congregated, did say and declare, The people | And you, Gentlemen of the Jury, I must tell make a flocking to the king, upon pretence of healing the king's evil, which he cannot do; but we are they to whom they ought to flock for we are priests, and prophets, that 'can heal their grievances. We have now had two wicked kings together, who have 'permitted popery to come in under their noses; and whom we can compare to none but the most wicked Jeroboam. But if they would stand to their principles, he did not doubt, but they should overcome their ene'mies, as in former times, with rams-borns, broken platters, and a stone in a sling.' And this is laid to be against the duty of his allegiance, against the peace of the king, his crown and dignity; and against the form of the statute in that case made and provided. To this indictment he has pleaded not guilty: if we prove him guilty of this matter, you are to find him guilty. Att. Gen. May it please your lordship, and you gentlemen of the jury; these traiterous words, that the prisoner at the bar is accused of, were spoken of in a Sermon,* or preachment at a conventicle. And though the gentleman does pretend to much innocency; yet you will find, that in open defiance of the law, he takes upon him to preach against the law, not only of the land, but even against the laws of Almighty God: for he takes upon him to be a preacher against a rule, than which nothing is more plain in all the Word of God, viz. That he should not speak evil of dignities, nor revile the prince of his people.' He knows this to be the rule of the Scripture ; and yet in his constant discourses, (as we shall prove) he makes it his practice to revile the goverument on all sides. And by these doings at this day, gentlemen, you will easily understand what the designs of these conventicles are; only to nurse up people in sedition, and train then: up to rebellion; that they may be ready to break out into it when their teachers advise them to it. We shall call our witnesses, and prove to you, that this is, and has been the constant tenor of his discourse, viz. Reviling of the government; and there is almost no text of Scriptare, but, in his way of perverting it, he has turned against the government. We shall shew this to be the habitual course and practice of him who pretends to be so honest and so innocent a man. Crier, call Elizabeth Smith, Hilton, and Farrar. Then some of the counsel at the bar, being talking among themselves, the Lord Chief Justice reproved them for it. L. C. J. Look you, gentlemen, you must not have interlocutions among yourselves. * See something concerning a Sermon being an overt act of treason in the arguments concerning the examination of Daniel Stuart, when he was for the third time produced, as a witness for the prisoner in Hardy's Case, A. D. 1794, in this Collection. Ros. I humbly thank your lordship. Att. Gen. Where are Mrs. Hilton and Mrs. Smith? [They were all sworn.] Ros. I do humbly request one favour of the court. L. C. J. What would you have? Ros. I humbly beg they may be examined separatim. L. C. J. They shall. Ros. I humbly thank your lordship, L. C. J. Who do you begin withal, Mr. Attorney? Mr. Jones. My lord, we shall begin with Mrs. Smith. L. C. J. Then you must make way, that the other witnesses may go out of hearing. You Crier, make way for them; and see that they be set where they may not hear. [Which was done.] Att. Gen. Come, Mrs. Smith, pray give my lord and the jury an account whether you have been at any meeting, where this gentleman has been? Whether you know him? and what you heard of him? Smith. I heard him say thisL. C. J. Hold a little. What is this woman's name, Elizabeth Smith? Att. Gen. Yes, my lord. Were you by at any of his conventicles ? Smith. Sir, I have been ever since the 20th of July, until that day for which he was taken, but one Sunday. Att. Gen. Give my lord an account of what you heard.-Smith. Yes, Sir. L. C. J. Where was it that his meeting-house was? Smith. He had several houses, private houses, and a public house of his own. L. C. J. Where? In what place? Smith. In Salisbury-street, near his own dwelling. L. C. J. Where is that? Smith. In Rotherhith. L. C. J. You were frequently there you say?-Smith. Yes, my lord. there, as you guess ? Smith. I believe there might be 400 people, or 300 commonly. L. C. J. What sort of people were they? L. C. J. Do so. Smith. The first notice that I took of any thing concerning the government, was upon the 17th of August, and that was concerning bis majesty; and then in his prayer after sermou, he wished he might not offend God in praying for the king; but that it might please God to open his eyes, and the times might turn. Att. Gen. What other things have you heard him say? Smith. The next time that I heard him was the next Sunday again, and that was in Westlane, in a house there, and then he was speaking of Sodom and Gomorrah, and he brought in this proof, not doubting but if there had been ten righteous persons, the city had not been destroyed but he did not mean recorders, nor lord-mayors. Ros. What day was that, mistress? Att. Gen. Well, what did you hear him speak upon the day in the indictment, the 14th of September? ་ Smith. He said, The people made a flocking to the king, to cure the king's-evil, which ⚫he could not do; but,' says he, we are they they should flock unto, for we are priests and prophets, that by our prayers can cure their grievances.' He said, We have now had two wicked kings together, which have permitted Popery to come in under their noses, and could be compared to nothing but to most wicked Jeroboam.' And then after he had preached a good while, again he said, If they would stand to their principles, he did not fear but they should overcome their enemies, as in former times, with broken platters, rams'horns, and a stone in a sling.' L. C. J.. When was this? Smith. This was upon the 14th of September. Smith. At one Captain Daniel Weldy's house. L. C. J. What is he, a seaman? Smith. Yes, and he prayed for him, being then at sea, and his son both, who was ill. L. C. J. How many do you think might be present there at that time? Smith. There was a low parlour full, and a little room up six steps; and where he preached was up one pair of stairs, there was a large room and a garret. L. Ĉ. J. Where did he stand? Smith. In the door-case of that room, that the sound might go up and down. L. C. J. How many people in number might there be, think you? Smith. I cannot tell, my lord; a great many. L. C. J. How many, as nigh as you can guess or think? Smith. Several hundreds of them. L. C. J. Do you know any of them? Were they people of any quality? Smith. Yes, I know a great many of them; several of them are in the court, and about the hall now. L. C. J. Who stood at the door and let you in? VOL. X. Just. Walcot. Was he door-keeper? What is he? Smith. A brasier, I think. Just. Holloway. Had you any notice of a conventicle that was to be there? L. C. J. Ay; tell us how you came thither? Recorder. (Sir Thomas Jenner.) How came you to find it out that there was a meeting at such a place? Smith. At first I found it by dogging of people as they went along; and afterwards, there were people set commonly at a place called Cherry garden stairs to give notice; and sometimes I asked there, and sometimes I went to Mr. Shed's house to enquire, L. C. J. Shed, you say, was present there then? Smith. Yes, he let me in. L. C. J. What, he was the man that managed the conventicle. He was clerk, I suppose; was he not ? Smith. I never heard him say Amen; but I have heard him expound in the conventicle sometimes. L. C. J. Oh, he was a journeyman preacher, it seems. Recorder. Pray was there any store of Watermen and Seamen there? Smith. Yes, abundance from Rotherhith, or thereabouts. L. C. J. Which way came all the people that were there? Smith. From Deptford and Rotherhith, and all thereabouts. L. C. J. Was it near the water-side? L. C. J. Well, Mr. Attorney, have you any more questions to ask her ? Mrs. Smith, Att. Gen. No, I think not. you have heard him, you say, at other days; how did he use to treat the government in his preaching at other times? Ros. My lord, I beseech your lordships to tell me whether these questions are proper to be put, it not relating to the matter that I am accused of? L. C. J. Yes, yes, to give an account of the disposition of your mind; very proper as can be. Ros. Because it is not part of my charge, and I cannot be prepared to answer it. L. C. J. When the king's counsel have done with her, you may ask her any questions; but you must let them go on first. Att. Gen. My lord, it is charged that he spoke these words with a traiterous, malicious mind; and what better evidence of such a mind than his usual discourses? Smith. The 31st of August, I heard him preach at Paul Shed's house; and there he preached that there was a certain great man, that M lived at the upper-end of Grace-church-street, out this time eighteen years agone; I name no body, says he, you all know him whom I And there came a certain poor man to hire; he was not a poor man neither, but a | capente, by trade, 'one that wrought for his ling a labouring man; and told that great man, if he would take his advice, he would tell him how to quench the fire, but he pished at it, and made light of it, and would not take his advice. Which if it had not been for that great man, and the lord mayors and sheriff's that have been since, neither that fire in London, nor the fire at Wapping, nor the fire at Southwark, had gone so far or come to what they did. L. C. J. There was a great man that lived at the upper-end of Grace-church-street! Who did he mean by that? Recorder. He meant, we suppose, sir Thomas Bloodworth, that was lord-mayor at the fire-time. L. C. J. He did not live there then. Att. Gen. Pray Mrs. Smith, let me ask you one question. How far were you off from him; and where did you sit this 14th day of September, when you heard him say those words you speak of? Smith. I sat upon the bed, and he was standing at the door. Att. Gen. My lord, we have done with this witness at the present. L. C.J. Now, Mr. Rosewell, if you will, you may ask her what questions you please. Ros. My lord, I was before going to beg your pardon for my weakness, being altogether unacquainted with these things: and that yon would look upon me as one that is inops consilii, and pardon any thing that comes from me impertinently. I cannot speak to her as a lawyer to sift her, and search ont the truth; will your lordship give me leave to speak to her as a divine?" L. C. J. Ask her what questions you will, but we will not have any of your preachments here. You must consider where you are, you are not now in your pulpit, but at the bar; I assure you we do not intend to make a conventicle of the King's-bench court. Ros. My lord, I meant only to endeavour to convince her, by putting some questions like a divine, to her. For I pity them though they envy me; and I bless my God, have prayed for them many times since my imprisonment. L. C. J. Well, well; do not stand to com- Ros. You are under an oath, mistress. testified; but do not preach to her. It is not your work to catechise the witnesses, that is the duty of the court, and we shall, no doubt, take care to do our duty. And I will tell her, to save your preachment, she is in the presence of the great God of heaven and earth, before whom we must appear at the great day of judgment, to give an account of every word we speak. And you are under an oath, and if in case you tell one tittle of a lye in your testimony against the prisoner at the bar, who stands now to be tried for his life, it will be just with the great God to sink you down into hellfire immediately. Therefore, I require you, upon your oath, not to speak one word but what is truth. Smith. My lord, I assure you, I will rather, say less, than add any one tittle. L. C. J. Mr. Rosewell, ask her what you will, but do not give yourself, nor us, the trouble of a preachment to teach her the obligation of an oath; for she very well knows, it seems, what it is, and says she will rather speak less than more than the truth. Ros. I humbly thank your lordship for what you have said to her. Mrs. Smith, pray was you at Rotherhith the 14th day of September? Smith. Yes, that I was. Ros. Did you come alone? or whom came you? with Smith. Mrs. Hilton came along with me, and another gentlewoman, and Mr. Shed let us in all together. Ros. Who is that Mrs. Hilton? Att. Gen. You will see her by and by, Mr. Rosewell. Ros. Where did you meet together? Smith. Mrs. Hilton lay with me all night, and we were together the day before. Ros. What time did you come thither, pray, mistress? Smith. I came thither before seven of the clock, before you came, Sir. Ros. And I pray whose house came you to at Rotherhith? Smith. We are informed it was captain Ros. Are you sure it was his house ? Ros. I pray, mistress, what room were you in there? Smith. We were up one pair of stairs. There is a little room we come at sooner; but we were in the room with the bed; and there was one Mr. Atkinson there that was in mournasking, and there were two or three boys of his with him that sat upon the bed, and their shoes were plucked off, that they might not dirt the hed; and I gave him his boy's shoes from under the bed. Ros. Are you sensible what an oath is, and the great obligation you are under by it to testify nothing but the truth? As you will answer it to the great God L. C. J. Look you, Mr. Rosewell, ask her any questions to the business that she has here Ros. Pray where did I stand, mistress, de you say? Smith. In the door-case. L. C. J. What boy is that you speak of? Mr. Atkinson; his relations, I suppose they were. Ros, Pray how did the service begin? Smith. You took your text out of the 21st of Genesis; that was the chapter, to the best of my remembrance. Ros. But I ask you, Mistress, how did the worship, the service begin? L. C. J. You mean your prayer, you do not use to call it service. Smith. You made a prayer. Ros. Was it begun with a chapter, or a Psalm, or how? Smith. There was no psalm; a long prayer you made, as you used to do formerly. Ros. How long was that? Smith. It was always used to be about three quarters of an hour long. Ros. Was there any chapter read ? Smith. There was no chapter before you took your text, as I heard, and I was there before you. Ros. Upon what occasion then were these words spoke, if there was no chapter read? Smith. I say there was none till you took your text, and then you spoke those words. Ros. But how came those words in ? Smith. You always took a whole chapter, and expounded all along. Ros. A long text for one sermon, mistress. L. C. J. Yes, yes, we know you have a fine way of preaching. Ros. Well, Mistress. Upon what verse of the chapter were these words spoke, about flocking to the king to cure the king's evil? Smith. I cannot be punctual to the particular verse. L. C. J. Nay, I suppose you seldom keep to your text. I am sure there was never a verse in any chapter that warranted the speaking of any such words as these. Smith. My lord, I cannot be punctual to the particular verse. It was within five or six verses of the beginning, I believe. Ros. Then upon what occasion came in the words about the two wicked kings? Smith. In preaching you brought it in by other proofs. L. C. J. Why, man, there can be no occasion for speaking of those words. You spoke them without any occasion at all. No body can tell what occasion you had to speak them. Ros. But, my lord, I suppose there may be some coherence in my discourse. I would know how they were brought in? L. C. J. Who can tell the occasion? Do you ask me what reason any man has to speak treason? I tell you there is none at all to be given for it. Smith. One of your proofs in your preaching was concerning Dalilab and Sampson, and you brought in that proof concerning the king's using of women, it was out of the Judges. And he said he did not question, but that in the end the whores would serve the king, as that whore Dalilah did Sampson. L. C. J. Was this at the same time, upon the same day? Smith. Yes, it was upon the 14th of September. Ros. If it please you, my lord, these are not words that are charged in the information L. C. J. You draw it upon yourself by your questions. Ros. If they were spoken, (upon that bypothesis, I say, if they were spoken; but I deny the thesis, I abhor the thoughts of them) I would know how they were brought in, under what verse? L. C. J. Ay, I take you right as to that, you do deny it; and they are not in the indictment. Smith. I cannot be punctual as to the verse. Ros. Pray upon what account did come in the two wicked kings? Smith. I cannot tell the verse, truly. Ros. How came in that about Jeroboam? L. C. J. How can she tell how you bring in treason?-Ros. My lord L. C. J. Nay, pray, Sir, hear me a little. You shall have all the liberty to defend yourself that the law can allow of. We are accountable to the law upon our oaths to do justice, and are as much accountable to Heaven for our actions, as you or any prisoner that comes to this bar is to the law for your actions. But do you ask what reason you spoke treason for? I tell you no reason can be given for it. sermon. L. C. J. When you had said there were two wicked kings, then presently you were for standing to your principles, and overcoming your enemies. Just. Hol. It seems she was very intent upon your sermon. L. C. J. For my part, I wonder she can remember so much as she does. It is much she can remember such stuff as this. Ros. The God of truth, my lord, I hope will manifest the truth. Pray, mistress, were these words spoken one just after another in my discourse? Smith. No, they were not; but they were all spoken at that time. Just. Hol. Have you done with her? Ros. No, my lord, I humbly beseech your favour and patience a little. Pray, mistress Smith, did you write? Smith. I did not write till I came home, andafter I came home I did write it down. Several that were there did write down your sermon. Ros. Several of whom, do you mean? Smith. Several of your congregation, Sir. |