and divers other times, as well before as after, they did compose, print and publish, or cause to be composed, printed and published, a most false, scandalous, malicious and traitorous libel, entitled, "His Majesty's most gracious Declaration to all his loving Subjects," signed J. R. and beginning to this effect: "When we reflect upon the calamities of our kingdom, we are not willing to leave any thing unattempted that may be for the good of our subjects, and to regain our own rites,"* &c. reciting the Declaration at large. Then the counsel for their majesties opened the nature of the offence contained in the indictment against the prisoners; how that they stood accused for high-treason, which indeed was a crime of the highest nature against any person or government whatsoever, and the offence alleged in the indictment was printing of a treasonable libel, entitled, "The late king James's Declaration," which tended only to the deposing of the king and queen, and to the bringing of them to final death and destruction, and that whosoever does go about to depose the king and queen, this was a compassing, imagining, and contriving the death and destruction of the king and queen, and in the libel there was contained the most rank and basest treason that could possibly be imagined, in that it did set up the title of the late king James against the present king and queen, and the government; and this did tend to incite and stir up all their majesties' subjects to take part with their enemies against them, and that the prisoners having printed the said treasonable Declaration, this was an overt act of hightreason in law; therefore if it was proved to them, the Court did not doubt but that they would find the prisoners guilty of high-treason. And the Court hoped that the gentlemen of the jury were men so conscientious and so judicious, that they would value the welfare of the government so much, as to find a just and true verdict against the prisoners, &c. Then the evidence for the king and queen were called and sworn, the first of which stood up and gave account, that about the 20th of May last past, he was in company of the prisoners, at the Ship, in Charles-street, in Covent-garden, where they had an haggas to dinner; and after dinner the inan of the house brought up word, that one captain Griffiths was below and wanted to speak with Mr. Newbolt; he went down, and when he came up again he told the company, that captain Griffiths wanted 10,000 of the Declarations for the use of the country, and that he would give 15l. for them. About four or five days afterwards, he being there again, Mr. Buttler pulled out a Declaration out of his pocket, and one Mr. Farr was there at the same time, and looked upon it, and said, that it wanted the king's-arms to it, and the letters God save the King;' so Farr said at last, Come, we will go to my lord's and do it, (meaning at Douglass's, where the printing. * So in the MS. press stood), and that was to set the Declaration; and after this, on the 1st of June following, he met Buttler in Charles-street again, and he had some Declarations about him, and his heart failed him, and he gave them to this evidence; and then the messenger went and took them, and they were carried before sir John Trenchard, and there they confessed the matter; and there were thirty of them found upon Buttler, and that they were to have 15l. for printing 10,000 of them. Another evidence swore, that the prisoners had a printing-press, and this was kept at one Douglass's, at Westminster, and there they printed the Declarations, and that both of them were concerned equally in the matter; and that that were seen to compose and set the letters in the press, and the frame so set by their hands was brought into Court, on which the Declaration had been printed, and sworn to be set by the prisoners; and all this was fully and clearly sworn against them by the king's evidence. The prisoners did not deny the fact, nor that they did not print this Declaration, but alleged that it could not be treason to print; for nothing could be accounted treason but what was contained in the 25th of Edw. the 3rd, now printing was not in that statute; therefore printing could not be made an overt act of high treason, and they were but servants and worked for their livelihood; the press was not their's, and what they did was through mere necessity, &c. therefore they hoped that they could not be found guilty of treason, for that it was never known that servants did suffer for their master's fault. They were answered by the Court, that the matter contained in the Declaration was treasonable; and the question was, whether the intention of their minds were not to destroy the king by printing such treasonable libels and by sending of them abroad; for they would not print 10,000 of them to put them in their pockets, and printing treasonable books had always been accounted treason; yea, bare writing was treason too, and though printing in itself simply considered is no offence, yet printing of treason is an overt act, and it must be left to the jury to consider, whether their minds were not concerned when they went about to print those treasonable libels; and as for their being servants, that was not proved, but if it had, that would no ways excuse them, for they were to be told that there were no accessaries in treason. Then the Jury having considered of the evidence; after about an hour's time they brought this verdict, that they were both Guilty of high treason. When they received sentence, they desired Mr. Recorder to make a favourable report of their circumstances to the queen, how that they were poor men, and only worked for a living, * So in the MS. ↑ See East's Pl. Cr. c. 2, § 56. and that they were tricked and trepanned into They desired that their friends might have this matter, acknowledging themselves to be leave to come to them, which was granted by true Protestants, &c. the Court. 460. The Trial of the Rev. Mr. WILLIAM HENDLEY, for preaching a Charity Sermon at Chislehurst, in Kent, for the Charity Children of St. Ann's, Aldersgate, London; and of GEORGE CAMPMAN, ROBERT HICKS, FILIAR HARDING, and WALTER PRATT, the Schoolmaster, and Trustees for the Charity Chil dren, for collecting Money for the same; at Rochester Assizes in Kent, before sir Littleton Powys, knt. one of his Majesty's Justices of the Court of King's-Bench: 4 GEORGE I. a. D. 1719. July 15, 1719. THE CASE.* On Saturday, August 23, 1718, upon leave obtained, first, from the bishop of Rochester, (Atterbury, then bishop of the diocese) and secondly, from the reverend Mr. Wilson, rector of Chislehurst, to preach two Charity Sermons for the children of St. Ann's, Aldersgate; the schoolmaster, with four or five more, carried down some of the children to Chislehurst. Immediately after they arrived, they were taken up, and carried before sir Edward Bettison, bart. Thomas Farrington, esq. justices of the peace, and major Stephens, high sheriff of the county; by whom they were asked, how they dared to come strolling and begging about the country, without licence or authority first obtained? To which they answered, that if archbishops and bishops thought it a good work to preach for such children, they imagined it to be a good work to collect for them: To which the justices replied, they cared not for archbishops or bishops, and were resolved the thing should not be pursued. On Sunday August 24, a Sermon was preached by the reverend Mr. Hendley, suitable to the occasion: The Sermon being ended, the reverend Mr. Wilson (whose curate read prayers) put on a surplice, and repaired to the altar to read the offertory sentences before the prayer for the church militant; when Mr. Wilson made his offering in one of the communion patens, and then gave them to Mr. * Taken from a pamphlet, intituled, Charity still a Christian Virtue; or, an Impartial Account of the Trial of the reverend Mr. Hendley, &c. for preaching a Charity Sermon at Chilsehurst in Kent. Former Edition. It appears, that this frivolous squabble was employed as a test of party zeal, and an instrument of party malignity, for which purposes perhaps it was provoked. Different pamphlets were written concerning it, Campman and Mr. Prat, two of the trustees for the children, to collect for them from pew to pew. The people gave liberally, till they came to Mr. Farrington, who not only refused giving, but seized the collector, asserting it was illegal, and no collection should be made; that the children were vagrants, and sent about begging for the Pretender. Mr. Hendley called out from the pulpit, and commanded them to proceed; Mr. Wilson (from the altar) did the like; but the collectors answered they could not. Mr. Wilson came down and said he would col lect in person, and Mr. Hendley called for a common prayer-book, and read the several rubrics which authorised these proceedings, and told the justices, they could not answer disturbing divine service, and must expect complaint to the bishop of Rochester. The justices said they cared not for the bishop, or them either, and were charged by sir Edward Bettison and captain Farrington to desist from collecting. In the mean time, the rector had good success in collecting, many people crowding up to give before their turn: and others, kept back by mere force, threw their money into the plate. Mr. Farrington made a snatch at the plate to take the money; when Mr. Wilson ordering the money to be brought to the altar, Mr. Wilson took one paten and Mr. Hendley the other, and decently placed them thereon. Mr. Farrington pressed to come within the rails; Mr. Hendley held the door, and told him, his place was not there, and forbid him touching the money. Then sir Edward Bettison came up to captain Farrington, who called for a con stable, who came up with a long staff; upon this they were ordered to disperse, upon pain of being guilty of a riot, being seconded by sir Edward Bettison; when Mr. Wilson and Mr. Hendley told them, that the service of the church was not finished, for the prayer for the church militant was not read, nor the blessing given; and if any riot, it was occasioned by the two justices. Sir Edward answered, that the service was finished, and forbid them to proceed; and that all concerned in bringing down the charity children should suffer for what was done. Mr. Wilson then called the churchwarden to tell the money with him, and agree to the disposal of it according to the rubric. The justices countermanded the same, whom Mr. Church warden rather chose to obey. Upon this Mr. Wilson and Mr. Hendley told the money on the Lord's table, and committed it that afternoon into the custody of the bishop of Rochester. In the evening, the rector, the preacher, and three persons who brought the children down, were taken into custody, and bound over to the quarter sessions at Maidstone, as rioters and vagrants. These gentleman appeared at Maidstone upon their recognizance; but no bill being found against them, they moved to be discharged; but the justices obliged them to put in fresh bail for their appearance at the next assizes, when they appeared, and the following indictment was found against them: cum prædictis pueris et puellis, seu aliquo seu aliqua eorum,fadtunc non existentibus, residentibus, vel residente, nec nato, sen nata, intra parochiam de Chislehurst prædictam, itineraverunt, iverunt et vagati fuerunt ad parochialem ecclesiam de Chislehurst prædictam, et in parochiali ecclesia de Chislehurst prædicta, die dicto, scilicet vicesimo quarto die Augusti, anno quinto supradicto, sese cum prædictis pueris et puellis, et multis aliis male dispositis personis juratoribus prædictis ignotis, assemblaverunt in ecclesia parochiali de Chislehurst, prædicto tempore celebrationis divini servitii in eadem: Ac prædictus Willielmus Hendley adtunc servitii et ibidem secundum conspirationem prædictam, inde ut præfertur, bic illicite et injuste, absque licentia dicti Domini Regis, seu alia legali authoritate quacunque, incitavit et rogavit parochiantes et alias personas in eadem Ecclesia adtunc et ibidem existentes, dare eleemosinas, et alia charitatis dona, sub colore et prætextu charitatis exhibere, pro prædicti pueris et puellis. Ac idem Georgius Campman, et Walterius Prat, non existentes guardiani ec"Kent ss. Juratores pro Domino Rege clesiæ parochialis prædictæ, vel alii officiarii super sacramentum suum presentant, quod de dicta parochia, seu inhabitantes seu comWillielmus Hendley nuper de Chislehurst in morantes in, seu intra dictam parochiam de comitatu Kantic Clericus, Georgius Campman Chislehurst, secundum conspirationem prænuper de eadem Painter, Robertus Hicks nuper dictam, ut præfertur, inde hic illicite et injuste, de eadem Labourer, et Filiar Harding nuper sub colore et prætextu colligendi eleemosinas de eadem Packer, et Walterius Prat nuper de et charitatis dona pro sustentatione et supporeadem Upholsterer, existentes personæ seditiese tatione prædictorum puerorum et puellarum, et male dispositi, ad gubernationem hujus regni ad Rolandum Tryon parochianum prædictæ sub excellentissimo Domino Georgio nunc parochie de Chislehurst, et alias personas in Rege feliciter stabilito maxime aversi, et iniqui eadem ecclesia tunc existentes, durando temlucri avidi, et nequiter et injuste intendentes pore divini servitii in eadem ecclesia tunc celegrandes denariorum summas illicite lucrari et brandi, illicite et injuste accesserunt, et_requiobtinere sub colore colligendi eleemosinas et siverunt eos dare eleemosinas et charitatis dona, alias charitates et dona ad sustentationem et pro illicitis propositis prædictis: Ac iidem mantenationem diversorum puerorum et puel- Georgius Campman, et Walterius Prat, adtunc Jarum, scilicet viginti puerorum, et triginta et ibidem sub colore et prætextu colligendi puellarum, vicesimo quarto die Augusti, anno eleemosinas et charitatis dona, adtunc et ibidem regni dicti Domini Georgii, nunc Regis in prosecutione confederationis et conspirationis Magnæ Britanniæ, &c. quinto, apud Chislehurst prædicta, et secundum conspirationem et conin comitatu Kantiæ prædicto, intér sese et federationem prædictam, inde prius ut præfertur, quamplurimas alias male dispositas personas ac absque aliqua legali authoritate, collegere, juratoribus prædictis ignotas, conspiravere et recepere, et obtinuere diversas summas monetæ, confederavere cum prædictis pueris et puellis in toto attingentes ad tres libras, à prædicto Ropro oberrare, itinerari, et vagari ad diversas lando Tryon, et aliis parochianis et inhabitantiparochias in comitatu Kantiæ prædicto; et in bus prædictis et aliis personis in parochiali ecaliis comitatibus Angliæ in parochialibus ec- clesia prædicta existentibus, in maxima disturclesiis et aliis parochiis illicite et injuste lucrari, batione quietis celebrationis divini servitii in colligere, et obtinere diversas grandes dena- eadem ecclesia tunc celebrandi per Georgium riorum summas, colore et prætextu colligendi Wilson Rectorem ejusdem ecclesiæ; in maxima eleemosinas et charitatis dona pro sustentatione defraudatione et deceptione prædicti Rolandi et mantenatione prædictorum puerorum, puella- Tryon, ac prædictorum aliorum parochianorum rumque. Et juratores prædicti super sacra- parochie de Chislehurst prædicte et prementum suum ulterius presentant, quod præ-dictarum personarum in eadem ecclesia tunc dictus Willielmus Hendley, Georgius Campman, et Walterius Prat, in prosecutione et performatione conspirationis prædictæ, et juxta conspirationem et confederationem prædictam inde prius habitam ad nequissimas intentiones suas prædictas ad effectum redigendas, postea, scilicet vicesimo quarto die Augusti, anno quinto supradicto, apud parochiam de Chislehurst prædictam in comitatu Kantiæ prædicto, VOL. XV. existentium; in malum et pessimum exemplum John Smith, of the same, esq. Edward Hodsden, of Lewisham, esq. John Sish, of Greenwich, esq. William Clapham, of Eltham, esq. William Simons, of Marden, esq. Henry Wraigh, of Offspring, esq. John Gore, of Minster. William Hendley, late of the parish of Chislehurst, in the county of Kent, clerk, George Campman, lately of the same, painter, Robert Hicks, lately of the same, labourer, Filiar Harding, lately of the same, packer, and Walter Prat, lately of the same, upholsterer, being evilly and seditiously disposed to the government of this kingdom, under our most excellent lord George, king of, &c. and averse to the happy establishment thereof, and wickedly desirous of gain, and most horridly and injustly intending to procure to themselves unlawful gains, under pretence of collecting charities, alms and gifts, for the sustenance and maintenance of boys and girls, viz. twenty boys, and thirty girls; on the 24th day of August, in the fifth year of our said king, did, in the aforesaid parish of Chislehurst, with several other ill disposed persons (to the Jury unknown), conspire and confederate with the said boys and girls, to wander up and down in Kent, and divers other parts or counties in England, in order to collect great sums for the aforesaid purposes. And, that the said William Hendley, George Campman, &c. in order to put their said wicked intentions in execution, did, on the 24th day as above-mentioned, at the aforesaid parish, with the said boys and girls (none of them being natives of that parish), wander, itinerate, and stroll to the said church; and there did assemble in the said parishchurch at the time of divine service; and there, at the time of divine service, the said William Hendley (to prosecute his conspiracy, without any licence from the king, or legal authority) did incite and ask of the parishioners charities, alms, and gifts; though neither George Campman nor Walter Prat were church wardens, or otherwise officers of that parish, yet they did there, in divine service, unlawfully extort these charities amounting to the sum of three pounds, from Rowland Tryon and other inhabitants, to the great disturbance of divine service, at that time celebrating by George Wilson, rector of that church; to the great defrauding and cheating of Rowland Tryon, and the other parishioners; for a wicked and evil example of all offending hereafter in the same manner against the laws; and in contempt of our said king and his laws, and against the peace of the said king, his crown and dignity." To which they pleaded Not Guilty. Sir Thomas Roberts, of Cranbrook, bart. *The publisher of The Account of this Trial says, p. 43, "N. B. The Jury for the County was industriously set aside, and the above-mentioned were impannelled out of the Grand Jury." Note to Former Edition. As to challenge of a juryman because he had been of the Grand Jury, which found the bill, see in this Collection Oates's two cases. Vol. 10, pp. 1081, 1227. See, also, vol. 13, p. 339. John Batchelor, of Raynham, esq. For the Plaintiffs.-Serjeant Darnell, Mr. Baynes, Mr. Marsh. For the Defendants.-Serjeant Comyns, sir Constantine Phipps, Mr. Blondell. Mr. Marsh, with a warmth, alleged, that in time charity schools might raise such sums of money, as to enable them to make head against the government; their drums beat to arms, and their trumpets sound a most dreadful alarm; the Protestant religion had its quarters beaten up at Chislehurst, and the terror had struck the head quarters in town; the sum of three pounds was raised even in that little parish, and suppose ten thousand parishes in England, from each of which if that sum was raised, it would be enough to bear the Chevalier's charges into Italy, and help him to consummate the marriage with the princess Sobieski, upon whom he might get new Pretenders, to the great disquiet of the Protestant interest; and that if a stop were not put to these proceedings, in time the clergy would grow up into friars mendicant; and then quoted several acts of parliament against vagrants, to prove the defendants were within the meaning of them; and shewed the illegality of collecting money without letters patents or briefs;* and then called the justices, constable, and others, to prove the bringing down the charity children to Chislehurst, the preaching, and collecting charity for them after they were forbid, &c. The Defendants proved that they had the bishop's and incumbent's consent, by the oaths of John Reeves, William Moor, Richard Neeves, and Thomas Shackleton. William Tryon, esq. and George Jefferies proved, that the justices were the authors of the disturbance. To prove the archbishop of Canterbury preached at St. Dionis Back-church for the charity children of Shadwell, the reverend Mr. Hume, Mr. Tryon, captain Thomas Shackleton, and Richard Payne, were called who prov ed the same. And, That the archbishop of York did the same, was proved by captain Thomas Shackleton. Mr. Archdeacon Spratt+ offered in evidence, It is great pity this Trial was never taken down in short hand; it would have been very Former Edi entertaining, as well as useful. tion. † Son of Atterbury's predecessor; as to whom see vol. 12, pp. 492, et seq. (Note. In p. 493, I. 16, the words Anniversary of the should be inserted after the word 'first'), 1051, et seq. that he had seen the House of Lords present at a sermon at Westminster, when a collection was made for poor children not thereunto belonging; and offered the three rubricks for the defendants' vindication,* viz. the last after the Nicene Creed, the first after the Offertory, and the last after the Communion service; but the judge over-ruled them, by urging, that the collection was restrained to a fixed time. Serj. Darnell spoke chiefly relating to the acts of parliament made in the reigns of queen Elizabeth, king Charles 2, and queen Anne, made against vagrants and wanderers from their parishes, and insisted these collections were illegal; as did Mr. Baynes. Sir Constantine Phipps insisted it was legal, as they had the bishop's and rector's licence; and that if what they had done was illegal, it was cognizable only in the ecclesiastical courts; and that if the House of Lords were present at such a collection, as Mr. Archdeacon Spratt had deposed, and that he had seen the late lord chancellor Cowper, and the late lord keeper Wright, encourage such collections, sure there could be no illegality in it; and then proceeded to shew the defendants were not within the several acts of parliament quoted; as did Mr. Comyns and Mr. Blondell, who insisted, that such proceedings would discourage charityschools, and put an end to that noble institution, &c. and that there was no precedent for this proceeding. The Judge summed up the evidence, and observed what dangerous consequences might happen from these collections; and was a little suspicious, that Mr. Hendley had cardinal Alberoni's leave, as well as the bishop of Ro. chester's, to make this collection, to carry on worse designs under the specious colour of advancing charity; and seemed confirmed in his suspicion, because the manner of collecting had some resemblance with that of the Cardinal's in Spain; for he laid a tax upon the people, which they were forced to pay, and gave it the specious name of a free-gift, alias charity. If this stratagem was to spread in England, by the subtile artifices of this poli * I suppose the following: "Then shall the priest return to the Lord's Table, and begin the Offertory, saying one or more of these sentences following, as he thinketh most convenient in his discretion." "Whilst these sentences are in reading, the deacons, churchwardens, or other fit person appointed for that purpose, shall receive the alms for the poor, and other devotions of the people, in a decent bason, to be provided by the parish for that purpose; and reverently bring it to the priest, who shall humbly present and place it upon the Holy Table." "After the divine service ended, the money given at the Offertory shall be disposed of to such pious and charitable uses, as the mi nister and churchwardens shall think fit. Wherein if they disagree it shall be disposed of as the ordinary shall appoint." tical cardinal, the nation is in danger of paying double taxes. Upon the whole, the judge wished that he had his eleven brethren to consult with upon the bench; but as that was not possible, he directed the jury to bring in their verdict for the plaintiffs; when the jury went out, and returned in a few minutes with a verdict, Guilty; upon which the judge fined them 6s. 8d. each, and told them, if they did not like the verdict, they might bring a Writ of Error. The counsel for the justices urged for a larger fine, for that the defendants had become plaintiffs in the bishop's court; and therefore prayed, that such a fine might be laid upon Mr. Hendley, &c. as might either satisfy the charges they should be at in the bishop's court, or make the opponents desist. But the judge refused their request, and told them, that should serve for the present; but if they came before him again, they should have their deserts. We shall here conclude (the account of) this Trial with an original Letter wrote by sir Littleton Powys to the lord Parker lord chancellor, upon the occasion. To his Excellency the Right Hon. THOMAS Henley, near Ludlow, Aug. 4, 1719. My lord; I taking London in my way between Lewes and Kingston, came to your lordship's house the morning before I went to Kingston, but your lordship was then sitting. I did then intend to have informed your lordship of what occurred in the circuit thitherto, relating to the public, especially in Kent: and after I came from Kingston, I found your lordship was gone out of town; and before your return, I set out for my country concerns here in Shropshire, till near next term; so that what account I give your lordship must be by letter. Though your lordship has heard how the verdict went in the trial at Rochester,* yet perhaps it may not be unacceptable to your lordship to have some abstract of the matter arising in it. It began at six in the morning, by my appointment, and held till twelve. The Court was very full of clergymen, and a great auditory; and I gave both sides liberty to expatiate as they pleased, especially the defendants, that they might not say but that they had a full and fair trial. Most of the witnesses for the prosecution were unwilling, and did prove the facts but meanly; but afterwards the witnesses for the defendants did, upon questioning, prove all the facts very fully upon all the defendants, viz. Hendley the preacher, the schoolmaster, and the two collectors, being all * Occasioned by a Charity Sermon preached at Chislehurst by one Hendley of Islington. He died not long after. Former Edition. |