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would run the risque of my life, if by speaking leave the matter with you; I am sure, that if the truth I could save it.
God help me, and deliver me in this exigency, The Chief Justice did here appear enraged,
that it is he, and you under him, that preserve and interrupted him, saying, What do you Gentlemen, The great incertainties, impromean by this ?
babilities, and consequences in this case, I hope Hayes. I say
will be weighed by you, and make you the L.C. J. Ay, but you must say those things better to consider the proof, which is made by that are decent and fit for us to hear; you
none but such as are strangers to me; siuce, must not insinuate, as if the government would then, they know me not, I hope you will weigh make any such compacts as you talk of. it, before you give it against me: we must aļl
Hayes. I say, that Mr. Fröster told me- die, and I am sure it will be no grief to you
L.C. J. If you offer that, I can tell you a to acquit a man that is innocent I leave it story, that perhaps you will be very unwilling with you; the Lord direct you. to hear; on my word, it will be very unplea- Mr. Recorder, (Sir Thomas Jenner.) The sant to hear it; you had better let those treason charged on the prisoner is of that sort, things alone, for you will but draw a load upon that if he be guilty, he will be a just example you.
to terrify others from doing the like; for if Hayes. I beseech your lordship to bear traitors had not persons to supply them with
money abroad, it may be, they would not have L. C. J. Yes, I will bear you, provided you so much courage to run away. We have sakeep within due bounds; but we must not suffer tisfied you that sir Thomas Armstrong was inthese things.
dicted; that an exigent was gone against bim Hayes. I say nothing but this, it has been upon that account; here was a proclamation, told me, that tlie way to save my lífe is to con- and sir Thomas Armstrong named in it ; and so less.
the Recorder repeated the evidence of the witL. C. J. As you represent it, it is a reflec- Desses, and concluded : Gentlemen, We think tion upon the government-you talk of over that his defence has been so little, and our proof tures having been made you; do not make me so strong, that you have good ground to find say what I have no mind to say.
him guilty. Hayes. I say, Mr. Forster by name told me, The Lord Chirf Justice then summed up there was no way for me to escape, but by the matter to the Jury: confession.
Gentlemen of the Jury, This is an indictL. C. J. You had best call Mr. Forster, to ment of bigh-treason against the prisoner at know how he came to tell you so; if you do, I the bar; and you are to try it according to will tell you of another thing of* 4 or 50001. your evidence. The prisoner's affirmation of that was offered for your escape; you had his innocence is not to weigh with you. Nay, better forbear, or I shall put you in mind of I must tell you, I cannot but, upon this occaa brother of somebody that is at the bar. sion, make a little reflection upon several of
Hayes. My lord, I was told, that was the the horrid conspirators, that did not only, with way: Gentlemen of the Jury, I have declared as much solemnity, imprecate vengeance upon to you the whole truth, with all the solemnity themselves if they were guilty of any treason ; that becomes an innocent man, and not an ill but thought they did God Almighty good sermar. Besides, what you have heard, in all vice in that hellish conspiracy: It is not unthis evidence, is nothing but circumstance and known, one of the persons proscribed in this bear-say; and shall a man's life be taken away, proclamation did declare, they should be so far for I believe,' and · I think,' or "I have from being esteemed traitors, that they should heard?'
have trophies set up for them; and all this unGentlemen, I know you are my fellow- der the pretence and enamel of religion : nay, citizens and fellow-christians, and of the same I can cite to you an instance of another of the reformeil religion that I am; and I hope you conspirators, (lord Russel] that after a full are sworn into this service without any pre- and evident proof, and plain conviction, of havjudice against me, but with an impartial reso- ing an hand in it, wben he comes upon the lution to do justice : and therefore I chearfully brink of death, and was to answer for that hor
rid fact, before the great God, he blessed Al*“ The story of the 4 or 50001. was this : mighty God, that he died by the hand of the An eminent Papist, very acceptable to king executioner, with the axe, and did not die by Charles the second, undertook to some of the the fiery trial : he blessed God, at the place of friends of Mr. Hayes, that a pardon should be execution, that be died a traitor against the had for 4000 guineas to the king, and 1000 to king and government, rather than died a marbimself; but he afterwards declared, that the tyr for his religion. I think it necessary to king bad refused him therein, and told him, / make some refiection upon it ; when men, unthat he was advised, that he had better give der the pretence of Religion, are wound up to that Popish friend 40001. out of the Exchequer, that height, to foment differences, to disturb than pardon Hayes; but that he gave his royal and distract the government, to destroy the word, that the overture should not burt Mr. foundation of it, to murder bis sacred Majesty, Hayes." Former Edition.
and his royal brother, and to subvert our religion, and liberty, and property; and all this prisoner, if you find him guilty) aiding, abettcarried on upon pretenee of doing God good ing, assisting by money, or otherwise, or barservice. You are to go according to evidence; bouring any of those persons that were conas the blood of a man is precious, so the go-cerned therein. Then he recounted the Evivernment also is a precious thing; the life of dence given against the prisoner, and made the king is a precious tlivg, the preservation of such remarks upon the same, as he thought fit. our religion is a precious thing, and therefore The Jury withdrew, and spent two hours in due regard must be had to all of them. I must consideration of the matter ; and then returntell you, in this horrid conspiracy there were ing, gave their verdict, that the prisoner was several persons that bore several parts ; some Not Guilty. that were to head apd consult; there was Att. Gen. My Lord, thongh they have aca council to consider ; others were designed to quitted him, yet the evidence is so strong, that have a hand-in the perpetrating of that borrid I hope your Lordship and the court will think villainy, that was intended upon the persons of fit to bind him to bis good behaviour during his saered majesty and his royal brotber, and his life. with them, npon the persons of all his majesty's L. C.J. Mr. Attorney, that is not a proper loyal subjecis that acted with duty, as they motion at this time. ought to do; there were others, that were to So the prisoner was discharged, after he had be aiding and assisting (as in the case of the been imprisoned five months.
311. The Trial between Sir William PRITCHARD, Plaintiff, and
Thomas PAPILLON, esq. Defendant, at Nisi Prius at the
falsly, maliciously, and without probable cause,
procuring him to be arrested and imprisoned in London, ss. ŞIR Wm. Pritchard, late lord his mayoralty, against Thomas Papillon, esq. mayor of the city of London, having in Easter the defendant pleaded, Not Guilty, and thereTerm last brought an action upon the case, for upon issue being. joined, it came this day to be
* For several particulars of the proceedings of the city; this affair affords variety of talk, in the City of London with which this Case soine condemning it and others approving it, is connected, see the Note to the Case of according to the different tempers of persons. Sacheverell and others, p. 29, of this volume, “ Nov. 6tb, 1684. In the afternoon, a trial and the Cases and Notes there referred to. was at Guildhall, before the Lord Chief Justice
The following passages are from Narcissus Jeffreys, on an action brought by sir William Luttrell's MS. “ Brief Historical Relation," &c. Pritchard, late lord mayor of the city, against in the Library of All Souls' College, Oxford : Mr. Papillon, for causing him to be arrested
“ April, 1685. Mr. Papillon and Mr. Dil- during his mayoralty : and the jury, to the bois having given order for a writ to be taken amazement of all, gave 10,0001. damages. out to arrest the Lord Mayor, sir Dudley Since which, Mr. Papillon hath thought fit to North, one of the sheriffs, and sereral of the abscond, as being much the safer for him." aldermen, in an action of the case for a false return to a mandamus directed to them for At the end of “ A Ninth Collection of Papers the swearing them two sberiffs of London ; relating to the Present Juncture of Affairs in and the sheriff being concerned, the writ was England,” &c. publisbed in the year 1989, directed to Mr. Brome, coroner of London, there is inserted," • An Adrertisement, as it is who accordingly went to them to acquaint called, of the Learning and Rhetoric of the them therewith, and desired an appearance, | late Lord Chancellor Jeffreys,' as follows: or that they would give bail, which, they re- “ There is lately published, the trial of Mr. fusing, he executed the writ, and carried them Papillon, by which it is manifest that the then very civilly to bis own house, and kept them Lord Chief Justice Jefireys had neither learnthere till ten at night; when one of the city ing, law, nor good manners, but more impuserjeants came with a writ and arrested the dence than ten carted whores (as was said of coroner, and carried him away prisoner to the him by king Charles the Second) in abusing Counter, refusing to take bail, so that he was all those worthy citizens who voted for Dir. forced to lie there all night, during which Papillon and Mr. Dubois, calling them a parcel time the lord mayor, &c. walked home. This of factious, pragmatical, sneaking, whining, thing had so surprised sone persons, that the canting, sniveling, prick-eared, crop-eared, Tories reported the Whigs had seized the lord atheistical fellows, rascals, and scoundrels, &c. 'mayor and carried him away, and the lieute- as in p. 29, and other places in the said Trial nancy of the city met, and eight companies may be seen. Sold by Richard Janeway, and were ordered out immediately for the security most booksellers."
tried before the lord chief justice Jefferies; and said, had not any just or probable cause of acthe Jury sworn to try this cause, were these : tion against the plaintiff in the premisses, whereBartholomew Ferryman, Thomas Blackmore, by the plaintiff says be is injured, and for which Thomas Symonds, William Whatton, John he lays to his damage, 10,0001. * To this the Green, Thomas Amy, Joseph Bagys, Daniel Chandler, Job Reynalds, John Allen, Joseph
* Pasche, 36 Car' 2. B. R. Caine, and William Withers, jun.
• London, ss. Wilhelmus Pritchard Miles, Mr. Wunday. May it please your lordship nuper Major civit' prædict', querit de Thoma and you gentlemen of this jury, sir William · Papillon in custod' Mar', &c. pro co videlicet, Pritchard knight, late lord mayor of the city quod cum duodecimo die Februarii
, anno of London, is plaintiff, and Thomas Papillon, nostri Domini Caroli secundi nunc Regis esq. is the defendant : and this, gentlemen, is Angliæ, &c. tricesimo quinto, ipse idem Wil. in a special action upon the case, wherein the • belmus Pritchard, ac antea, et abinde per seplaiptiff does declare, That whereas the 12ch parat' menses ex tunc prox' sequend' extitit of February, in the 35th year of this king, and Major civitat London præd', in officium Mabefore and after for several months then next joratus illius debito modo elect', præfect', et ensuing, he was mayor of the city of London, jarat', ac secundum consuetudinem civitat being duly elected and sworn into the office of • London, prædict, a tempore cujas contrar' mayoralty of the said city: and according to
memoria hominum non existit, in eadem the custom of the said city, time out of mind, ' usitat' et approbat' officiam suum Majoratus he ought daily to attend the said office, in the illius indies intendi debuit, per assiduam dilidiligent government of the said city, according gent ipsius Wilhelmi in regimine civitat to the duty of his said office, which he was to illius, per ipsum securdum debitum officii execute to the honour and dignity belonging • sui præd' exequend', et performand' ad hothereunto : That the defendant, l'homas Pa- norem et dignitat ad officium illud spectant' pillon, being one of the commonalty of the said et pertinen', prædictus tamen Thomas existens city, and under the government of the plaintiff, • unus de Comitat civitat' præd', et sub regiby virtue of his office aforesaid, not being igpo- ' mine dicti Wilhelmi, virtute officii sui prærant of the premisses, but contriving, and falsly dicti, præmissor' non ignarus, sed machinans, and maliciously envying the happy estate of et false ac malitiose invidens felici statui ipthe plaintiff in his said office, as also unjustlysius Wilhelmi in officio suo prædict', necnon to disturb the plaintiff in the execution of his ipsum Wilhelmum in executione officii illius said office, the said 12th day of February, in 'minus juste inquietare et disturbare, prædicto the 35th year aforesaid, the defendant for vexa- duodecimo die Februarii, anno tricesimo tion to the plaintiff, not having any lawful or quinto sapradicto, idem Thomas Papillon, probable cause of action against the plaintiff, pro vexatione præfat Wilhelmo adhibend falsly and maliciously did prosecute the king's (eodem Thoma adtunc non habente aliquam writ
of Alias Capias out of the court of King's- legitimam vel probabilem causam actionis bench, against the plaintiff, by the name of sir • versus ipsum Wilhelmum) false et malitiose William Pritchard, knight, directed to the prosequut' fuit extra cur dicti Domini Reg! then coroner of the city of London; by which • coram ipso Rege nunc habit', scilicit, apud writ it was commanded the said coroner to take • Westmon' in com’ Middlesex adtunc ei adhuc the plaintiff, if found within the said city, and tent' existen', quoddam breve ipsius Dom' safely keep bim so as to have his body before Reg' de alias Capias versus ipsum Wilhelthat court at Westminster, upon Wednesday mum, per nomen Wilbelmi Pritchard, Militis, next after 15 days of Easter, then next follow- adtunc Coronator' civitat' London' præd' ing, to answer the now defendant in a plea of direct', per quod quidem breve idem Dominus trespass: And that the defendant of his further • Rex nunc eidem tunc Coronatori præcepit malice against the plaintiff, afterwards, and be- • quod caper' ipsum Wilhelmum Pritchard, si fore the return of the writ, to wit, upon the • invent' foret in civitat London' præed', et 24th day of April, in the 35th year aforesaid, at eum salvo custodiret, ita quod haberet corpus London, to wit, in the parish of St. Mildred ejus coram Domino Rege apud West Jie the virgin, in the Poultry, in the ward of
cur' prox' post quindenam Paschæ Cheap, London, delivered the said writ of Alias ex tunc pros' sequendo, ad responden' Capias to one John Brome, gent. then being præfat' Thomæ Papillon, per nomen Thomae coroner of the said, city, to be exccuted; and Papillon Armiger', de placito transgres', then and there the plaintiff, then being mayor . et quod idem tunc Coronator baberet ibi of the said, city, by virtue of tbat writ, mali- tunc breve illud, Et prædictus Thomas ciously and unjustly did procure to be taken, · Papillon, ex ulteriori nequitia et malitia sua and arrested, and detained in prison, under tbe præcogitat' versus ipsum Wilhelmum, postea custody of the said. coroner, for the space of ot ante retorn' brevis prædicti, scilicet, vicesix hours, to the disgrace and scandal of the ‘simo quarto die Aprilis, anno tricesimo suplaintiff and his said office, as also to the ma-pradicto, apud London' præd', videlicet, in panifest damage, prejudice, and grievance of the rochia sanctæ Mildredæ Virginis in Pulletria, plaintiff: whereas, in truth and in fact, the de- in warda de Cheap', London, prædictum fendant, at the time of the taking, arresting, breve de alias capias cuidem Johanni Brome, and detaining of the plaintiff in prison, as afore- Gen', adtunc Coronator' civit' London præd? VOL. X.
defendant has pleaded, Not Guilty: If we that spiracy, as bas been opened. That sir Williana are of counsel for the plaintiff, shall prove this Pritchard was arrested in his mayoralty, I supmatter unto you, gentlemen, that we have laid pose will be agreed, or else we shall prove it. in the declaration that has been opened unto Mr. l'ard. Yes, yes, we agree it. you, you are to find for the plaintiff, and I Solicitor General. (Mr. Finch) Then we will hope will repair bim in damages for this af- go on and prove the manner of it. Swear Mr. front and injury.
Gorges, and Mr. Keeling. [Which was done.] Attorney General. (Sir Robert Sawyer). May Mr. Keeling, pray, will you tell my lord, and it please your lordship, and you gentlemen of the jury, were you made a special bailiff to the jury, I am of counsel in this case for the arrest sir William Pritchard, when he was plaintiff; and this action is brought, gentlemen, lord mayor, and what did you do upon it ? Tell to vindicate the honour of the chair from such all you know of it, and what was designed affronts as these, which in no age, till of late by it. days, our times of faction and confusion, it Keeling. My lord, all that I know of it is ever met with : that by a person that is a this : It was upon the 24th day of April, I citizen of London, and one of the commonalty, have the warrant here to shew, I met with Mr. that ought to Irave paid submission to the lord Goodenough, at Mr. Russel's the cook, in mayor as his chief magistrate, and was bound Ironmonger-lane, and several others were so to do by his oath, as a freeman, should, there ; and I went away a little while, and without cause of suit, arrest the lord mayor of came again : while I was gone from them, the city.
That there was no probable cause, is they put my name into the warrant, and upon evident by his not proceeding in the action, that warrant, I did arrest sir William Pritchthat he had thus brought. But, gentlemen, ard, who was then lord mayor, at the suit of we shall shew you in the course of our eri- | Mr. Thomas Papillon, I suppose this is the dence, that there lay a further malice in this gentleman (pointing to the defendant.] I had case, and that there was a design in it against no order for it from Mr. Papillon, por ever the government. For we shall give you evi- spoke with him about it ; but I had order from dence, that this design was laid to carry on the coroner, who, upon ihe arresting him, took the great Plot against the lives of the king and my lord mayor into his custody. bis brother, and for the subversion of the go- Alt. Gen. Where was my lord mayor then? vernment. For they contrived it so, that they Keeling. At Grocer's-hall. would imprison the mayor, and then, thought Att. Gen. Was that the place he kept his they, the loyal citizens will interpose to rescue mayoralty in ? --- Keeling. Yes, it was so. him, and then the party should rise to assist the Sol. Gen. What was be doing when you arofficer, he having the countenance of authority, rested bim ? and being in the execution of the king's writ, Kecling. There was some disturbance upon (especially if it be considered then who was it, among the oflicers and people there. The coroner) and so a public commotion would be coroner came up to him and said, Sir, I have made a general mutiny, and that would be a a writ against you, I pray you would please fit opportunity, in the confusion of the city to give an appearance at the suit of Mr. Thowanting its chief governor, of doing what they was Papillon, and another at the suit of Mr. designed. Gentlemen, we sbail prove all that John Dubois, and some words there passed beis laid in the declaration ; and likewise that tween him and the coroner ; and my lord the end of this business was to have had a com- mayor refusing to give any appearance, the motion for the accomplishing their great con- coroner, Mr. Brome, bid us execute our war
rants; upon which I came up to my lord mayor, existen’, deliberavit exequend', ac adtune et and touched him upon the shoulder, and said, . ibidem apud Wilhelmum adtunc Major ci- I arrest you at the suit of Thomas Papillon, 'vitat London præd', ut præfert', existen', esq. and one Fernando Burley arrested bim * prætextu brevis illius præ' corp'simm capi et again, at the suit of Mr. John Dubois. • arrestari, ac in prisona sub custod' ejusdem Att. Gen. What did you do with him, when • tune Coronator' per spatium sex horarum, ex you had arrested him? . tunc prox' scquen', detineri malitiose et minus Keeling. The coroner dismissed us, and, as
juste procuravit, in vituperation', deroga. I take it, carried kim home to his house. tion', et vilipendium prædicti Wilhelmi et Att. Gen. What instructions had you what officii Majoratus ipsius Wilhelm' præd', nec- to do, in case he made any resistance, and did non ad damnum, præjudicium, et gravamen not submit to the arrest ? ipsius Wilhelmi manifest', ubi revera, et de Keeling. I know of'no instructions about any • facto predictus Thomas Papillon, prædicto such thing. " tempore captionis, arrestionis, et detentionis Sol. Gen. Who was by, pray, when orders
ipsius Wilhelm' in prisona sic, ut præfert' were given you to arrest my lord mayor ? fact', non habuit aliquam justam vel proba- Keeling. Both the Goodenoughs. bilem causam actionis versus ipsum Wilhel- Att. Gen. He in the Proclamation, you . mum in præmissis præd', unde idem Wilhel- mean, and his brother? smus dic' quoil ipse deteriorat est, et damnum Keeling. Yes, Richard and Francis Goode• habet ad valent decem mille librarum, et inde nough. produe' sectam, &c.'
Sol. Gen. And who else, pray?
Keeling. Several that I did not know, not know then that I should be concerned in
Att. Gen. Can you remember any body this business ; and I went away a little while, besides the Goodenoughs in particular ?
and when I came back they told me, that my Keeling. There was one a tallow- name was put into the warrant. chandler, and a great many that I did not L. C. J. Pray, tell us the whole story, bow know.
you that were a tradesman at Wapping, should Sol. Gen. How many do you think there come to be employed as a bailiff to the coroner were ? And where was it ?
of London, to arrest my lord mayor ? There Keeling. I believe there were about thirty must be some particular end in it. or forty, and it was at Russel's the cook, in Att. Gen. Mr. Keeling, tell the court and Ironmonger-lane.
the jury the whole story, and what it was that Alt. Gen, Did they all come along with brought you into this. you to Grocer's Hall, to arrest my lord mayor ? Keeling. My lord, Mr. Goodenough told me
Keeling. No, my lord, they did not. I must be concerned.
Sol. Gen. Did any of them, and which, L. C. J. Ay, prithee tell us what Goodepray?
to be concerned in. Keeling. Sir, I will tell you who did come Kecling. Upon my coming back to the comto my lord mayor's. There was the coroner, pany that was at Russell's, Mr. Richard Francis Goodenough, Ferdinando Burley, and Goodenough told me limust be concerned in myself : and after my lord was arrested, the the business of arresting my then lord mayor, coroner bids us be gone, and he' would look sir William Pritchard ; said I to bim, Mr. after my lord mayor.
Goodenough, this is foreign and remote to my Sol. Gen. Whither did you go after that? business to be concerned in such a matter as Keeling. I went to sir Harry Pulse’s directly. this, it will seem very strange for me to do it.
Att. Gen. Did not you expect an opposition? He pressed it upon me to do it, and says he, And had you not some discourse what you If you will not do it, you will be a man looked should do in case there was an opposition ? ill upon, and it will be taken strangely from
Keeling. No, I cannot tell any thing of that. that party ; he meant, I suppose the discon
Att. Gen. You say, there was a meeting, or tented party, the faction, or what you please consnlt, at Russell's, of forty people; had you to call it, that were pot contented with the adpot there sone consultation what was to be ministration of the government in the city, at done, if my lord mayor did not obey the arrest ? that time; and he urged it upon ine with a
Keeling. I do not remember any thing great many arguments. I opposed it with about that, at that time.
much vigour a good while, but at last he preAtt. Gen. Was there at any other time vailed upon me to go along with the coroner ; before? Or did you hear any of those people and Frank Goodenough, his brother, said he discourse the Goodenoughs, or any of them, would go with me, and he did so; and we what they would have done in case they were came and arrested my lord mayor, as I told resisted ?
Keeling. I do not remember any discourse L. C. J. Where did Mr. Goodenough press of such thing, before or after.
you to be concerned in this business, as you L. C. J. (Sir George Jefferies.) Pray, Mr. say? Keeling, let me ask you a question or two. Keeling. At Mr. Russell's a cook in fronWere you ever employed by the coroner to be monger-lane. a special bailiff to arrest any body, before this L. C. J. How came you thither ? time you speak of, that you arrested sir Wil. Keeling. He sent me a letter to meet him liam Pritchard ?
there. He was at me before to be concerned Keeling. No, my lord, I never was.
in it, but I did not comply with him in it. Mr. L. C. I. Then pray recollect yourself, who Richard Goodenough it was, and Mr. Ashwere at that meeting, when, as you say, your hurst, I think it was alderman Cornish's sonname was put into the warrant for this arrest ? in-law, was by.
Keeling. My lord, when I went away for a L. C. J. Was Nelthorp there ? little while, I left these persons particularly Keeling. No, my lord, he was not there ; that I did name, the two Goodenoughs, and but they did not proceed then, because my lord one Burton, I think, and one Cromptou, and and his brethren were gone out of town, to that tallow-chandler ; there were to the num- wait upon the king, I think; aud this was sis ber of thirty or forty, that I did not know their weeks or two months before this meeting at Dames.
Russell's. L. C. J. But pray, how came you to be Sul. Gen. Pray, Mr. Keeling, recollect youremployed in this service then? Were you a self. Had you any discourse with Goodetradesman in town theu ?
nough, or any body else, what the consequence Keeling. Yes, at Wapping.
of such an arrest would be ? L. C. J. Good now, how came you to be Keeling. They told me, my lord mayor, employed in arresting my lord mayor, more and court of aldermen, had made an ill reiura than any other of those thirty or forty that you to the Mandumus's that were served for them, say were there tben ?
for the swearing of Mr. Papillon and Mr. Du, Keeling. I went there among them, but did bois sheriffs, and theretore Mr. Papillon and