Electronic library


read the book
eBooksRead.com books search new books russian e-books
John Tremaine.

Pleas of the crown in matters criminal & civil: containing a large collection of modern precedents .. (Volume 1)

. (page 9 of 51)

tohen he is with kirn ; hath commanded all ihe fyrivy-council to wait
in him, and happy is he thiiat hath mfi of his favour. His pardon
•was fealed and delivered him lafi Wedncjday. It's faid he will bt
tefiored to be mafier of the hor/e, and be called into the council-table,
end to all his other places \ and it is reported h$ will he- made cap-
tain-general of all the forces, and lord hi^n- admiral ; and he treats
ell his old friends that daily vifit h^m with civilities. They ars fa-
tisfiedwith his integrity, and if God fpoi-es his life doubt not hut he
•u'ill be an iiylruJKsnt of rntich gi^od to the king and kzngdfjm. Ha
faid publickly that he kne-cu my Lrd Rufjel, (meaning the laid Wil-
liam Rulfci, for the plot and treafon aforefaid, tried, convict-
ed and executed) was a<i I'.yal a fuhjeii as any in England, and
that his maje/ly believed the fame \ Now I intend fhortly to wait on
him my/elf; it would make you laugh to fee how firangdy our high-
tories and clergy are murtifed, their countenances fpeak it \ were my
ford S. to be moved for now, it would be readdy granted. Sir Ge'r^'S
(meaning Sir George Jeffrys, knight and baronet, then and as
yet chief juftice of the lord the kiiig, alfigned to hold pleas in
the court of the faid lord the king, before the king himfelf,')
It grown very hionble. It is faid mr. Sidney, (mtaning the faid
A. S.) is reprieved for forty days, whkh bids well." And to
fulfil, perfect and bring to effeft his moll wicked and de-
tellable contrivances and intentions aforefaid, the faid J. B,
bart. afterwards to wit, on the faid 20th day of December, io
the 35th year of the reign, &c. afoiefaid, at the parilh of St.
Alichacl's, Cornhill, London, aforefiid, filfcly, unlawfully,
corruptly, wickedly, malicioufly and fcditioufi/ did make,
compofe and write, a^ui did caufe to be made, compofcd,
V/ritten and pubiiLhed a ci rtain other falfe-, fcandalous, libeU
lous and fediticus libel, b -aring date the ill <iAy of December,

in



Indi£lments and Informations for Seditioa.

Jn the 7€ar of our Lord 16S3, in which libel among other
things were contained, theJe falfe, feigned, fcandalous, mali-
^ P. 5S.cious, libellous and leditious Englifh * fentences following, to
wit. " The hti charge here in public affairs is great aad ftrtinge^
that we are like mtn in a dream, can hardly believe zve /ee, andjtar
•we are not fit jhr Jo great a mercy as the prefent j'unSiure feems to
fromije. The Jkam Protejtant plot (meaning; the plot and treafon
aforclaid) is quite loft and confounded ; the earl of yiacclesficld is
bringing aciions of fcandalum mangatum againji all the Grand-
gvrymen that indicted him at the la/t ajjizes, and the fever al gen-
tlemen that -wen indiSied in Chejhire and Ncrthamptonjhire, -will

bring their feveral aSiions at law againft them." And

further to fulfil, pcrfeifl and bring to effeft his moil wicked
and deteftable contrivances and intentions aforefaid, the faid
S. B. baronet, afterwards to wit, on the 20th day of December,
in the 35th year of the reign, &c. at the parifh of St. Michael,
Cornhill, London, aforefaid, falfely, unlawfully, unjuftly,
corruptly and feditioully did make, compofe and write, and
caufed to be made, compofed, written and publilhed, a certain
other falfe, fcandalous, libellous and feditious libel, bearing
date the 4th day of December, in the year of our Lord 1683,
in which libel among other things were contained, thefe falie,
feigned, fcandalous, malicious, libellous and feditious Englifh
fentences following, to wit, " Contrary to mojt mens eyptUatiom^
a zuarrant is Jigned at laft, for beheading mr. Sidney, (meaning the
faid A. S.) at toxver-hdl, next Friday \ great endeavours have bee*
ujed to chain his pardon, but the contrary party have carried it, -which
tnuch dajheth our hopes, but God J till govcrjf^." With intention to
a'n up, move and procure fedition, ilf will and difcord between
the faid lord the king, and the fubjefts of the faid lord the king
of this kingdom of England, and alfo between the faid fubjefts
themfclves, to the evil and pernicious example of all others in
like cafe offending, and againfl the peace of the faid lord the
now king, his crown and dignity, &c.

7he trial tf the defendant on this information, is in the SicU
Trials, vol. 3. 313 to 322.



rht



Indidmcuts and Informations for Scditioa.



The King againfi Colmer.

3^. Sedition, by Words.

rn • *T~*HAT John Cclmer, late of Chideock, Id tlie {nformatiaii
-1 county of Doifet, gentleman, not having the for fedicioui
fear of God in his heart, but being moved and feduced by the words ipoke
inftigation of the devil, and not weighing the duty of his al-'°°"^ ^^^
Jegiance, and entirely withdrawing the cordial love which every j.g^"j!^j^ .
true and faithful fubjedt oi" the faid lord the king, towards the arms of
faid lord the king, his fuprcme and n.itural lord ftiould and fufpedled
of right ought to bear, and devifing, and intending to difturbpapifts.
the peace and public tranquility of this kingdom of England,
and to move fedition within this kingdom, and alfo to bripg
the faid lord the king into hatred and'^fcandai with his fubjefts,* p, t(\^
on the 7th day of November, in the 30th year of the reign
of our lord Charles the 2d, king, &c. with force and arms,
&c. at Chideock, in the county aforefaid, then and there
having a difcourfe with, one Thomas Payne, then and there a.
conllable of Chideock aforefaid, in the county aforefaid, and
with Richard Luce, clerk, (the faid Thomas Payne' being
authorized by certain deputy lieutenants of the county afore-
faid, to fearch for arms in the houfes of fufpe<fted papilts) he
the faid J. C. in the hearing and in the prefence of them the
laid Thomas and Richard, and of divers other liege fubjefts of
the faid lord the now king, then and there being prelent, ad-
vifcdiy, fcditioufly, malicioufly and contemptuoully, openly
And publickly, with a loud voice did fpeak, utter, declare and
pronounce thefe exprtfs, fcditiou;-, malicious and contemptuous
tnglilh words following, to wit, " 7ou (meaning the faid
Tht)mas Payne) have Jearched the firji andfecovd time for arms.,
Mnd you may fearch the third and fourth time, and not find what you
look for, and yet zue (meaning himfelf and other papifts) may
have arms enough to do your bufmefa." To the great contempt of
the faid lord the now king, to the evil example of all others
iM the like cafe offending, and againft the peace of the faid
lord tUe now king, his crcwn and dignity, &c.



Indl£liiichts and Informations for Sedition.



The King again^ Snow.
Hilary, ift of James 2d. Roll. 46.

Snfcrmatiofl^ . npHAT William Snow, late of Weftminftcr, im
£ord.'''"°" the county of Mlddlefex, gentleman, being a

pernicious and feditious man, of impious, unquiet and turbulent
difpofition, devifing,'prafiifing, andfalfely, wickedly, maliciouf-
ly and fedltioufly intending the moft fercne lord Charles the ad,
the now ting of England, &c. his natural lord, and alfo James
duke of York and Albany, the only brother ef the faid lord the
no^y king, and the juftices, the judges, and alfo the commo*
jultice oi this kingdom of England, and the government there-
of, by the faid lord the king, to bring and draw into the great-
ell contempt, hatred and difregard with all the liege fubjefts of
the faid lord the now king, and to difquiet, moleftand difturb
the public tranquility and happy Hate of this kingdom of
England ; and that the faid W. S. to fulfil, perfed and bring
to efFeft his moft wicked, deteftable, diabolical and feditiou»
devices, practices and intentions, on the 2ift day of Novem-
ber, in the 3cth year of the reign, &c. at the parifji of St,
Stephen, Coleman-ftreet, London, in the prefcnce, and in the
liearing of divers of the liege fubjecfls of the faid lord the king,
then and there being prefent, having a difcourfe concerning the
faid lord the now king, and the faid James duke of York and
Albany, and alfo of the rule and government of the faid lord
the now king, of thi^ hii kingdom of England, he the faid
W. S. then and there falfely, unlawfully, unjuftly, wickedly,
^ _ ^ malicioufly and * feditioufly did fpeak, aflert, publilh, pro-
- • ^^^nounce, and with a loud voice did declare, " 'fhat if the Dukf
cf Mcmnotcth (meaning James Duke of Monmouth) had not
obeyed the warrant and mejjevge^-, the differences then Jilrred up
amon^ dhers evil-difpcfed arid feditious perfons, within this kingdom
of England, would in a J}:iort time have been decided, becaufe then
then were a thoujand perfons in the city cf London, and elfewhere^
ready to affft him the Duke of Monmouth \ and that they (mean-
ing the W. W. and divers evil-difpoled and feditious perfons,
within this kingdom of England) were certain that the govern-
HHent of this kingdom, could not ft and until Chrijtmas, becaufe the
Londoners, and thi eaft^rn, and v.eftcrn proteftanis wen ready, and

that



Iudi(5lments and Informations for Sedition,

ihat divers hundreds then belonged to club meetings zvitnin the c\ty
cf Ldndon, and in the parts thereto arcumjacent ; and that they,
(meaning divers faftious and feditious perfons 'vvithin iliis
kingdom cf England) at the then laft parliament uere deter mived'
tojiick to, ar.d that there -were chds through the zchle kingdom of
England for thofe furpojes." And the faid attorney-general of
the faid lord the king, for the faid loid the king further gives
the court here to underftand and to be informed that the faid
William Snow, then and there, to wit, on the faid 2lft day
of November, in the 35th year, &c. aforefaid, at the pariib
of St. Stephen, Coleman-ftreet, London, aforefaid, in the pre-
fcnce, and in the hearing of divers of the liege fubjcAs of the
faid lord the king then and there being prefent, falfciy, wick-
edly, malicioufly and feditioufly did fay, afTert and publifh,
and with a loud voice did declare, " That the lord the noxv king
luas a papifl in his heart, and that Stephen College ^who then lately
before for certain high treafons, in the lawful manner was
attainted and executed] didundefervedly die, and tJiat the prof e-
Cutcrs of the faid S. C. the judges and jury before -whom, a)id hy
whom the faid S. C. was tried, conviiied and attainted ft that
eauje, Jhould he taken off, for -zvhat they had done ; and that th$
faid lord the nou; king, and the faid ffames Duke cf Tor k and
Albany were combined in the burning of London " (meaning the
late great burning cf the city of London) to the evil and
pernicious example of all others in the like cafe offending^
and againll the peace of the faid lord the now king, his crown
and dignity, &c. whereupon, &;c.



* T/;f King againjl £dcs, • P. 6i,

Trinity, ift James 2d. Roll 25.

5«//.v, 'pH AT Henry Edes, late of Chlchefter, in the J^f"™^^."
To wit, 4 county of SufTex, do(5tor In divinity, being a per- j^g ;„ com-
nicious, faftlous and feditious man, and a perfon of a depraved mendation
mind, ofimpious, unquiet, turbulent and feditious difpofilion of a lediti-
andconverfation, and devifing, praftifingandfalfel-y, nuliciouf-^"* hoQ\f..
Ij and moft wickedly ijitendmg to difquiet, moleft and diilurb
the peace and the publick tranquility of this kingdom of Eng-
land, and to bring and draw the moil ferene lord Charles the 2d
Ute king of England, and his royal Majefty, and alfo his crown
and diguity, and the gov^ruraent ar.d rule of this kingdom of

Eng'land



Indidments and Informations for Sedliidn.

England bylaw eftabliftied, into the greateft hatred, coniempt
and difregard, and to fulfil, peried, and bring to effect his
rnoit wicked, deteftableand diabolical contrivances, devices and
intentions aforefaid, he the laid H. E. on the 5t,i day ofSept.
ID the 36th year of the reign of the laid lord Charles 'the
2d, iate king of England, at Chichelier aforefaid, in the
county of Suflex aiorefaid, having a dilconrfe with di-
verji liege and faithful fubjedts of the faid lord the late king,
of and concerning a certain unlawful, fediiious and libellous
book, printed 01 and concerning the king, parliament and
government of this kingdom of Lngland, entitled, " Atreat'fc
of Monarchy '' he the faid Henry Edes then and there falfcly,
unlawfully, unjullly, wickedly, malicloully and fedltioufly in
the prefence and hearing of divers liege fubjecls of the faid
late lord the king, then and there being prefent, of the faid
faife, feditious and libellous book, falfely, unlawfully, un-
juflly, wickedly and fedltioufly did fay, alTert, publifli and
affirm for truth that the faid book, entitled a trcatife of Mo-
narchy, was the bell book of the kind that ever was written,
and that the contents of the faid book were true, and that the
iaid book was not anfwerable. And the i^id attorney general
of the faid lord the now king, for the faid lord the king fur-
ther gives the court here to underfland and be inlormed that in
the faid falfe, libellous and feditious book, among other things
were contained thefe words following, to wit, " This ts my af-
/ertion, the two cjiates in parlhimcnt (meaning the lords and com-
mons of this kingdom of England, in parliament afiembled)
fnay lawfully by force of arms, rcfift any per/ons or number oi'perj.ns
advijing or ajjijiing the king, (meaning the faid late lord the king
of this kingdom of England, and the fuccefibrs of the faid
lord the king) in the performance of a cammund illegal and de-
firu^ive to ihemfelves cr the public." And that in another place
of the faid falfe, libellous and feditious book, among other
thirgs were contained thefe other faife, libellous and fediiioLis
Englifh fentences, to wit, " Becau/s it is a power put into the two
tftates., (meaning the lords and commons of this kingdom of
England, in parliament afl'embled) by the very rcafon of tLir
_ ittflitution, and therefore they (meaning the lords and commons of

X . 02> the * parliament ol this kingdom of- England) 7ict only may hut
alfo ought to ufeit for pMicJafdy., yea they (meaning the lords
and commons of this kingdom of England, in parliament
affembled) fhould htt*-ay the -very trufi rep'fed in them by thefuvda-
nientals of the kingdom, (meaning tills kingdom ot England)
if they fjoould not. An authority Isi^iflative they have ; now to make
laws and to prcfervc laws are aiis of the fame power, yea if thru
powers (meaning the kings of this kingdom of England, and
the lords fpirltual and temporal, and the commons of the fame
affembleci) jointly have iniercfl in waking laws, furely either of
thefe feiiiriUlj)lvivt and Qu,ght to ufe that jpixaer in ^re/erying them."

Anrf



Indi(5lments and Informations for Sedition.

»■

And that in another place in the faid falle, libellous "urid ft-
ditious book, among other thl-igs were coniain d thefe otlier
falfe, lediiious aiid libeilo'is fentencej in thele Englilh words,
to wit, " The two hi>uici (.iieaning the houies ol" Lords and
Commons of this kingdom of England in parliament alTem-
bled) in virtue ^f the kgijlu.ive authority in part rdidlng in thsm
are invejied in the prejervation oj laws and go'vernment as well as the
king (meaning the iaid late lord the king, and the other kings
of thisjcingdom of England) and in caje the kmg J]iould mijem-
floy that pozuer of arms to Jire/.gthen Jubverting i/:J[rurhenis, cr in
cafe the laws and government be in apparent dariger^ the king refu-
Jing to u/e the fi^ "d to that end of prejervuticn to zuhck it was
tomtnitted to him, I Jay m ths cafe the two ejtates (tneaning the
Lords and Comniv-ns of this kingdom of England in parlia-
ment afTembled) may by ixtraordinary and temporary ordinances
ajume tho/e arms wherewith the king is eniruj:ed and pn form the
king's tru/t, and though fuch ordinances of theirs bs not frniaily
legal, yet it is tminently legal, jiijitfied by the very intent of tht
ArchiteSis of the government , when for tho/e ufes they committed
theje arms to the king, and no doutt they may command thi Jir.n^th
of the kingdom, to five the being of the kingdom, for ncm can
reajonably imagine the archtteSionical Powers, -ahe-n they commiited
the power f government, and arms to one to prcferve the frame they
had compofed, did thereby intend to dijabls any much lefs the %wo
tftates from preferving it in ca/s the king JhoulJ Juil-to do it, in this,
lafi need, and thus doing the king s work, ;r ought to be inter prtt^d
as done by his will, becaufe as the law is his will, Jo that the law
fhould bt preferved in his zi'll; which he exp^e fed when he und'.rt'.ok
the government, 'tis his deliherate will and ought to he done though
at any time he oppofe by an after will, for that is his fuddcn will,"
And the laid aitomey-general of the f^iid lord the now king,
for the faid loid the king fuither gives the court here to under-
ftand and to be informed, that in another place in the laid
falfe, malicious, fcandaioiis and ieditious book, among other
things were contained thcfe other falit, fcariJalous, irditious
and defamatory fentences in thefe Englilh wordi fcrouing,
to wit, " Afirmatively I conceive three cujh when the other eft ate i
may lojwfully ajlume the force of the ki,ioJ,,jm, the klxg (meaning
the lord the late king and the other fucceliors of the faid i^te
king) not joining or dijjenting though the fame be hy law comniitted
to * hvn. Fiifi, when there is an mvafionafiuaUy ir.adi or immi- * P. 03^
nently feared by a foreign poxver. Secondly ^ when by an Intefilnt
faSlion, the lazus andfrume of government are fcretly undermined
or openly ajaulted ; in both thejl: ca^ei, the bevg oj the government
being endangered their truji binds as to ajjiji the kingtnfecuring,f(i
to jecure it by themjelves the king nfuftng In extreme nece£ilies ; tht
liberty of voices cannot take rlace, neither ought a negative voice to
hinder in this exigency, there being r.o freedom of deliberation and
ehticc whin iht que ft; en :s about the lafi md, thilr (meatiing the

K, ' lord*



Indi6lments and Informations for Sedition:

lords £nd commons of this kingdom of England in parliameiht

affembled) afjymna the fword (in the/e cafes) is for the king,
who/'e bhvg (en kin^) depends on the heing of the kinPdom^ and hc-
m^ ijiterpretati-vcly his aSi, is no difparagement of his prerogatne,
thirdly,' in cafe the fundamental rights, of either of the three e/tates hs
invaded by 'me or both the reft, the -wronged may lawj-ully afjume
for$e, becarfe elfs it -were tiotfne^ but dependant on the pleafure of
the other. "^ And fhe faid attoiney-jiencral of the faid lord the
now king, for the faid lord the king further gives the court
here to underftand and be informed that the faid Henry Edes,
afterwards to wit, On the faid 5th day of September, in the
36th year of the reign of the faid lord fhe king as aforefaid, at
Chichefter aforefaid, in the county of Su/Tex aforefaid, falfely,
unlawfully, unjuflly, v/ickedly, malicioiifly and feditioully in
the prefence and hearing of divers liege fubjedts of the faid
lord the late king, then and there being pre fen t, did fay, afferf,
affirm, publifh, and with a loud voice did declare, " That the
French king is in great pczvcr xvith his army, and that we (meaning
the people of this kingdom of England) are in great danper of
being mvaded^ hut if the lord the king (meaning the lord Charles
the 2d, late king of England) would roufe the army of aniieut
foldiers, (meaning the foldiers of Oliver Cromwell late then
before a traitcrous ufurper of this kingdom of England) ih$n
that zve (meaning the fabjed^s of this kingdom of England)
vjould he fafe : and /(meaning him the faid Henry Edes) tvHl
lay a -wager of an hundred pounds, that the French king next intends
to invade and conquer us'' (meaning the fubjecfls of the faid king-
dom of England). To the evil example of all others in like
eafe offending, and againft the peace as well of the faid late
lord the king, as of the lord tha now king their crowns and
dignities. Whereupon the faid coroner and attorney, &c. &c.

The defendant on a trial at bar, was ccji'ijiSied on this informa-
tion, and after motion in arrejt cf judgment, tht court gave judg-
ment for the king. The cafe is re^ujrted 2 Shower 468.



* P. 64. * The King againjl Sorocold.

Eafter, the 2d of James IL

Information London, 7 ^HAT William Sorocold, late of Londoi^;
wif ''*"' "^^ V^' ^ gentleman, not having the fear of God be-

fore his eyas, but being moved and iedufecd by the i»lligatioii



Indi(Slments and Informations for Sedition.

»f the devil, on the 21ft day of January, in the year of
the reign ot our lord Charles the 2d, &c. at London, to wit,
in the parifh, &c. in the ward of harringdon uithoiit, within
London aforefaid, falfcly, malicioufly and icditioully contriving
and devifing, to move and ftir up difcord between the faid loid
the king, and his Jiege iubjedts within this kingdom of Eng-
land, and to move the faid loid the king to diipleafure an(l
fufpicion towaids the parliament of this kingdom of England,
ot and concerning the faid lord the now king, then and ihcre
falfely, malicioully and feditioufly in the ];refcnce and heaiing
of divers fubjefts of the laid lord the l^inj?,, did lay, " That
before the 2i\th cf next ywne^ ?/ ihe kmg (meaning the faid lord
the king) Wjuld permit the parliament (meaning the parliament
of this kingdcm of England) to Jit, that he the f.iid William
Sc-jrcccld did n<J douht to fee the head of the king (meaning the
kead of the laid lord the king) divided as far Jr:m his body
(meaning the body ol the laid lord the king) as the head of his
father {meaning the head ol Cliarles the lit, late king of Eng-
land, of bleffed memory, the father of the faid lord the nov.'
king) ever zvas, for there are txoenty-fi'Ve articles againj't him''
(again meaning the faid lord the king). In contempt of the
faid lord the king, and of his laws, to the evil and jjernicious
example of all others in the like cafe offending, and againfk
/the peace of the faid lord the now king his crown and dignity^
aij4 whereupon the faid attorney, &c.



The King agahift vVctwang.
Trinity, 3d James 11. Roll 17.

Middlefey, \ ^-^HA-T Jofeph Wctwang, late of the parith ^^'f^'p^'^'f^^^

To wit, j X St. Maiiin, in the fields, in the county of."^.//
Middlefex, gentlemap, being a pernicious and feditious man, V^^^^/^ g^,
and a perfon of a depraved, impious and unquiet mind, and
of feditious difpofuion and converfTlinn, and deviling, prac-
tiling, and falfely, malicioufly, tuibulently and feditioufly
intending the peace and public tranquility of the laid lord the
jiow king, and oi this kingdom of England, to difquict, moicit,
and dilturb, and to bring and drav/ our mr.it fcrenc loid James
^he 2d, now king of England, into the grtateft hatred, con-
tempt and fcandal, with all the liege and faithful lubjeiils ot
this kingdom of Englpnd, and alio th'J * colonels, captain?, P. 65
K 2 lieutenants,



Indi£lments and Informations for Sedition.

lieutenants, and othei miiitary officers and foldiers of the faicf
lord the king, to icandalize and vilify, and that the faid
Jofeph VVetvvaiig, to tidfil, peifed, and bring to €fFe(5t his
inoft wicked and deteftable devicts, pradlices and intentions
sforefaid, on tKe loth day of May, in the 3d year of the reign,
&c. at the paiifh of St. Martin in the field:, in the county,
&c. [having a difcourfe then and there concerning the faid lord
thf now king, and concerning the regiment of guards of th^
faid lord the king, and of their bufinefs] in the pre-
fence, and in the hearing of divers liege fubjedls of the
faid lord the king, then ,and there prefent, falfely, ma-
licioufly, nnlawlully, wickedly and feditioufly, of the faid
lord the now king, ?nd of his colonels and officers, did fav,
affert, affirm and publilh, and with a loud voice did declare, -
thele falfe, feigned, malicious, feditious and opprobrious
Englifh words and falfehoods following, to wit, ^'' The colonels
and the reji of' the officers (meaning the colonels, and the officers
in the regiment ot guards of the faid lord the king) are a com-
pany of' rogues and mila'ms^ for that their biijhwfs is to uphold their
Tna/icr, (meaning the faid lord the now king) who (meaning
the faid lord the king) is a villain and a rogue, and never
kept his word in any thing he (meaning the faid lord the
liing) /aid." And the faid Jofeph Wetwang in further profe-
cution of his malice againft the faid lord the king, before
had, afterwards to wit, on the fame day and year, at, &c.
falfely^ maliciotilly, diabolically, feditioully and moll wickedlyj



Using the text of ebook Pleas of the crown in matters criminal & civil: containing a large collection of modern precedents .. (Volume 1) by John Tremaine active link like:
read the ebook Pleas of the crown in matters criminal & civil: containing a large collection of modern precedents .. (Volume 1) is obligatory