a reserve of circumstances sufficiently convincing; and therefore there was no necessity to aggravate and prosecute such a prime objection to such an egregious height, as if it had been done on purpose to throw disgrace and shame upon desert, to make way for unseasonable and untoward compassion.

This is not the judgment of a few, but the general murmur and complaint, the general voice of the people; for they are making their queries in every coffee-house, and cry, Why should one man be hanged for paying 5,000l. upon a treasonable account, and another man be acquitted for receiving the same 5,000l., upon account of the same treason? Why the same witnesses should condemn the one for the payment, and be rejected.

As to the receipt, seeing they swear as possitively to the one as the other, why the memory of man should fail at one particular juncture so remarkably, as to leave out or forget the most material points of the king's evidence? Why the bare allegations for the criminals should be so lugged and caressed, and an oath of spotless credit for the king, looked upon as a mere in- | truder, and passed by with as little respect? What necessity or provocation was given by the king's evidence to be publicly upbraided with beggery, upon the slighter tittle tattle of an idle thing in petticoats; How there came to be so much courtship used toward Corker's two

misses, that their tale should be so courteously allowed that had neither head nor tail? Why matters should be so ill managed, that the king's witnesses should have occasion to complain, that his evidence was not rightly summed up? And wherefore for such a requisite piece of unmannerliness, he should be so severely checked and frowned upon.

Lastly, What was the meaning of so many foreign visits, which, upon what account soever they were, were then neither prudently nor warily admitted at that time?

Now though the people ask these questions, yet, they say, that many of them can answer themselves; or at least, that there are certain Davids among them, that can unfold all these mysteries: but they are so surly, that they cry, They will take their own time; and so they must, if there he no other remedy.

But what have these acquitted offenders got by this excuse? It is true, they are acquitted at the bar of common trial, and so have saved their lives; but they are still as guilty as ever, before the tribunal of reason: so that, although they are let loose again into the world, yet it is with that indelible mark of Cain, which at length they will carry to their graves, after they have only led a miserable life, rejected from the society of all good men, that are lovers of their prince and country.

DOLBEN.

I HAVE bound over this man, Richard Radley, to his good behaviour, and to appear here this day, for saying false and scandalous words of me, which are sworn to by two several aflidavits; viz.

"William Lewis maketh oath, That on the 7th day of August, 1679, there being a difference between Robert Raylett and Richard Radley, we heard the said Richard Radley say to him the said Raylett, If you think to have the money you have overthrown me in, go to Weal-hall to my lord Scroggs; for he has received money enough of Dr. Wakeman for his acquittal. "WM. LEWIS."

Jurat. 4to die Septem.

1679, coram me,

WM. SCROGGS.

"Robert Raylett maketh oath, That there was a Trial at the last Essex Assizes between him and one Richard Radley, where he recovered 387.; and he happening to be at work

on the 7th day of August, 1679, over-against the house of the said Richard Radley, the said Richard Radley told him, If you expect the money you have overthrown me in, you may go to Weal-hall; for there is money enough come in now. "ROB. RAYLETT."

Jurat. 4to die Septem. 1679, coram me,

WM. SCROGGS.

First, I would have all men know, that I am not so revengeful in my nature, nor so nettled with this aspersion, but that I could have passed by this and more; but that the many scandalous libels that are abroad, and which reflect upon public justice, as well as upon my private self, make it the duty of my place to defend one, and the duty I owe to my reputation to vindicate the other.

And having this opportunity, I think this the properest place for both. If once our courts of justice come to be awed or swayed by vulgar

Such a base, fearful compliance made Felix, willing to please the people, leave Paul bound; who was apt to tremble, but not to follow his conscience. The people ought to be pleased with public justice, and not justice seek to please the people. Justice should flow like a mighty stream; and if the rabble, like an unruly wind, blow against it, it may make it rough, but the stream will keep its course. Neither, for my part, do I think we live in so corrupted an age, that no man can with safety be just and follow his conscience: if it be otherwise, we must hazard our safety to preserve our integrity.

And to speak more particularly as to sir George Wakeman's Trial, which I am neither afraid nor ashamed to mention, I know that all honest and understanding men in the kingdom (speaking generally) are thoroughly satisfied with the impartial proceedings of that trial, taking it as it is printed; which was done with but the perusal of one line by me, or any friend of mine. Though, by the way, I wonder by what authority that arbitrary power was assumed, to forbid any friend of mine the seeing of it, before it was put out. However, as it is, I will appeal to all sober and understanding men, and to the long robe more especially, who are the best and properest judges in such cases, as to the fairness and equality of that trial.

For those hireling scribblers that traduce it, who write to eat, and lie for bread, I intend to meet with them another way, for they are only safe whilst they can be secret; but so are vermin, so long only as they can hide themselves. And let their brokers, those printers and booksellers by whom they vend their false and braded ware, look to it; some will be found, and they shall know that the law wants not power to punish a libellous and licentious press, nor I a resolution to execute it.

And this is all the answer is fit to be given (besides a whip) to those hackney-writers, and dull observators, that go as they are hired or spurred, and perform as they are fed, who never were taught.

If there be any sober and good men that are misled by false reports, or by subtilty deceived into any misapprehensions concerning that trial, or myself; I should account it the highest pride, and the most scornful thing in the world, if I did not endeavour to undeceive them.

To such men therefore I do solemnly declare here, in the seat of justice, where I would no more lie or equivocate than I would to God at the Holy Altar. I followed my conscience, according to the best of my understanding, in

This I say to honest men, that know me not, if any that do know me needed this, they should not have had it, for they use me ill; he that knows me and doubts, so long thinks it an even wager, whether I am the greatest villain in the world or not; one that would sell the life of the king, my religion, and country, to papists for money: and he that says great places have great temptations, has a little, if not a false heart himself; for no temptation is big enough for a sin of this magnitude.

I would not have the papists now make any false conclusions from what I say, That because I reprove the insolence of some men's tongues and pens,concerning this trial,they should thence infer they have not had,or at least cannot expect fair play, because some foolish men cry out of their acquittal, and think there is no justice where there is no execution. They have had fair trials, and some that have suffered have had the ingenuity to confess it; and they shall still be tried according to the evidence, and the probability and credibility it carries with it. But this I must say, he that thinks there is no Plot, is blind with prejudice, or wilfully shuts his eyes. The priests and Jesuits had a design to root out the Protestant religion, and bring in popery, and that is directly to overthrow the government; and to effect this, that they would kill the king. Were there no more, their doctrine and practices go very far to prove it; and he that says the contrary is as much out, as where in a printed pamphlet he too confidently asserts, that in all their papers that were searched, there was not one ill letter found, or any thing that was suspicious. Coleman's letters, and the letter found amongst Harcourt's papers, will never be answered; not by saying, that a meeting so exactly appointed, with all cautions imaginable (as not to appear too much about the town, for fear of discovering the design, which in its own nature requires secrecy), that this was only a meeting to choose an officer.-And yet to affirm, that this is not so much as suspicious at least, is a confidence, that the ingenuity of à jesuit only will undertake to own.

However, in the mean time, the extravagant boldness of mens pens and tongues is not to be endured, but shall be severely punished: for if once causes come to be tried with complacency to popular opinions, and shall be insolently censured if they go otherwise, all public causes shall receive the doom as the multitude happen to be possessed; and at length every cause shall become public, if they will but espouse it; at every sessions the judges shall be arraigned, the jury condemned, and the verdicts over-awed to comply with popular noise, and undecent shouts.

There are a sort of men, I doubt, that too much approve and countenance such vulgar ways, and count it art and stratagem, that embrace all sorts of informations, true or false,

likely or impossible, nay, though never so silly and ridiculous, they refuse none: so shall all addresses be made to then and they be looked on as the only patrons of religion and government, though they should have but little of the one, and would maintain the other only so far as their own share in it comes to.

These, Sir Politics, (if such there are) deceive themselves as much as they do others, and are not what they imagine themselves to be, with understanding and honest men; no not with those they think they gull neither, for they use them to serve their purposes as they think they serve others, and if ever time shall serve it will prove so.

Let us pursue the discovery of the Plot, in God's name, and not baulk any thing, where there is danger of suspicion upon reasonable grounds; but not so over-do it, as to shew our zeal: we will not pretend to find what is not, nor stretch one thing beyond what it will bear, to reach another: nor count him a turn-coat, and not to be trusted, that will not betray his conscience and understanding, that will not countenance unreasonable boldness, nor believe incredible things, lest we fall into what we justly condemn in the Papists, cruelty, and vain credulity: such courses cannot be the result of honest intentions, but shrewdly to be suspected rather a disguise, in pursuing one villainy to commit another. For my own part, without any other meaning or reservation whatsoever, I freely and heartily declare, I will never be a Papist nor a rebel; but will, to my power, suppress Popery as an open enemy, and faction

as a secret one.

No act of oblivion ought to make us to forget by what ways, our late troubles began, when the apprentices and porters mutinied for justice, in their own sense. And though I am morally certain, that no such effect will follow as did then, yet the like insolence ought not to be suffered for the example past and to come. The city of London, I mean the lord mayor and aldermen, and generally all men of value and worth there, I think in my conscience, are at this day as loyal and religiously disposed to defend the king and the government, and maintain the true Protestant religion to their utmost as any former age whatsoever can shew; and I know the king thinks so too, and is therefore really and heartily as kind to them. And therefore, though our jealousies may be many our fears need not be so: for whosoever they are that design disturbances, and public dissentions, for private ends, will find they are rather troublesome than dangerous: and the greatest mischief they will be able to effect, will be upon themselves. In short, it is the proper business of this court and our duty that sit judges here, to take care to prevent and punish the mischiefs of the press.

For if men can, with any safety, write and

We have a particular case here before us, in a matter of scandal against a great judge, the greatest judge in the kingdom, in criminal causes; and it is a great and an high charge upon him. And certainly there was never any age, I think, more licentious than this, in aspersing governors, scattering of libels and scanrity; and, without all doubt, it doth become dalous speeches against those that are in autho this Court to shew their zeal in suppressing it.

feel the start of it yet) the beginning of the I am old enough to remember (and, perhaps, late rebellion (for a rebellion it was, and deserves no other name.) I know it had the forerunner of such libels, and scandals against the government, as this is; and it followed almost dom. As for the trial hinted at in this affidavit, to the subversion of the happiness of the kingI was not present at it myself, I was detained tend that service; nor indeed have I read the by my usual infirmity, so that I could not atgive a judgment upon it: But I am very conrelation of it in print, so considerately as to fident, (upon my knowledge of the integrity of my lord, and the rest of my lords the judges that were there, for there were all the chief judges, and almost all my brothers) that that trial was managed with exact justice, and perfect integrity, by them.

And therefore I do think it very fit, that this person be proceeded against by an information, such as shall presume to scandalize the governthat he may be made a public example to all ment, and the governors, with any false aspersions or accusations.

Mr. Justice DOLBEN.

I am of that mind, truly; and am very glad we have lit upon one of the divulgers of these scandals. I was present at that trial, and, for justice was a scandal to us all that were there; my part, I think the scandal to my lord chief for if he had misbehaved himself in such a manner as some have reported, we had been strange people to sit still and say nothing, or not therefore I desire this man may be proceeded interpose to rectify wherein he did amiss: And against, for an example to others.

May 29, 1680, this Richard Radley was convicted of speaking scandalous words against the lord chief justice Scroggs, and fined 2007,