that if she had been so inclined, she would have scorned to have prostituted herself to such a profligate person: but, on the contrary, (God is my witness) I never had any such thoughts of her, and do as verily believe, as there is a God in Heaven, I never had any reason; she having always been the most indulgent, kind, and loving wife that ever man had, and in my conscience one of the best of women; nay, I am so far from suspecting her virtue, that she is the only loss I regret on earth, and can freely part with every thing else here below without repining, which in all my trouble I have owned before all people, and particularly Mr. Master, Mr. Ordinary, and Mr. Smithies of Cripplegate, who can all testify those tears, and endeared expressions that have passed between us, when any of them did me the kindness to visit me in my distress.

an inoffensive man (save in this single extra. And besides that, she is as virtuous a woman as vagance) can satisfy them for the sudden intem-lives, and born of so good and loyal a family, perate transport of zeal and passion against one so notoriously wicked and infamous; for I do protest before Almighty God, (before whom I shall immediately appear) that when I went to the coach-side, I did not intend so much as to speak to him, or believe I could have had op portunity of so doing, much less of doing him any harm. Neither is it probable I should with -a small bamboo cane, no bigger than a man's little finger, without any iron upon it, much less a dart in it, as it was most industriously spread abroad to prejudice me in the opinion of the world for, if I had had such a wicked design intentionally, I had a little short sword by my side much more proper for such a purpose. And further, if I had believed or known that I had done any harm to him, I had opportunity enough of escaping afterwards, which I never endeavoured. Now all these things being duly weighed with their several circumstances, I leave my sad case to the consideration of all sober and charitable men. However, I would not have this to be interpreted as a reflection upon the court, who I doubt not are by this time satisfied, (and Mr. Recorder did in open court declare) that in their consciences they did not believe I maliciously designed him the mischief that happened, but that it was purely accidental. But in the strict construction of law I was found guilty of murder.

But that which most sensibly afflicts me, and is worse to me than death, that I cannot suffer alone, but that they have not only raised scandals upon me in particular preparatory to it, but upon my poor innocent wife, as if my jealousy of her had been the reason of my ani mosity to Dangerfield; when I am morally certain she never saw him in her whole life, save that fatal moment; and no couple (as hundreds can witness) have lived in better correspondence.

And I do from the bottom of my heart freely forgive the witnesses that swore against me those words I never spoke; for, as I shall answer at the Great Tribunal, I said no other or more words than these; How now, friend, have you had your heat this morning? for all the ill they have done me, give them repentance, good God! even for these that have contributed to the shedding of my blood, I pray thee shed thy bowels of mercy.

I do heartily thank those noble and honourable persons, and all other my friends, that have so charitably interposed with his majesty on my behalf (though it hath proved unsuccessful). I pray God nevertheless to return their kind endeavours a thousand-fold into their own bosoms: Lord, return it to them and theirs!

Lord Jesus, receive my soul! Thy Will be
done on Earth as it is in Heaven. Amen,
Amen, Amen.
ROBERT FRANCES,

538. The Trial of HENRY Lord DELAMERE,* in the Court of the Lord High Steward, at Westminster, for High Treason: 1 JAMES II. A. D. 1686.

January 14, 1686.

straitly charge and command all manner of persons to keep silence, and to give ear to the

C. of Cr. SERJEANT at Arms, make king's majesty's commission to his grace my proclamation.

Serj. at Arms. O-Yes, O-Yes, O-Yes! My Lord High Steward of England his grace doth

He was the second lord Delamere (in which honour he had in Angust, 1684, succeeded his father, the celebrated royalist, sir George Booth) and first cousin to the earl of Stamford, against whom proceedings were had at this same time. Lord Delamere was a man of great talents, and had deeply studied important constitutional subjects. He was, while a mem

Lord High Steward of England, upon pain of imprisonment.

Then the Commission was read, his Grace and all the Peers standing up bare-headed. ber of the House of Commons, a zealous and powerful supporter of the Bill of Exclusion. At the time of the Revolution, he early raised a large force in Lancashire and Cheshire, with which he joined the prince of Orange, and was deputed with Halifax and Shrewsbury upon the Message to king James for his removal from Whitehall. James, after his retirement

Then the Staff being carried between Garter King at Arms, and the Gentleman-Usher of the Black Rod, was with three reverences delivered upon the knee to his Grace, and by him re-delivered, to the Gentleman-Usher of the Black Rod, to hold during the service.

Cl. of Cr. Serjeant at Arms, make proclamation.

Serj. at Arms. O Yes! His grace my Lord High Steward of England doth straitly charge and command all manner of persous here present, except peers, privy counsellors, and the reverend jadges now assistant, to be uncovered. Cl. of Cr. Make proclamation.

(jesty's Serjeants at Law, and Chief Justice of Chester, delivered in his Writ and Return at the Clerk's Table.

The Writ of Certiorari and the Return thereof was read in hac verba.

L. H. Steward. (George lord Jefferies.) Call the lieutenant of the Tower to return his Precept, and bring his prisoner to the bar. Cl. of Cr., Make proclamation.

Serj. at Arms. Lieutenant of the Tower of London, return thy. Writ and Precept to thee directed, together with the body of Henry baron of Delamere, thy prisoner, forthwith, upon pain and peril shall fall thereon.

Serj. at Arms. O-Yes! My Lord High Steward of England his Grace straitly chargeth and commandeth all justices, commissioners, and all and every other person and persons to whom any writ or precept has been directed, for the certifying of any indictment or record before his grace my Lord High Steward of England, that they do certify and bring in the same forthwith, according to the tenor of the same writ and precept, to them or any of them directed, upon pain and peril shall fall thereon. Then sir Edward Lutwyche, one of his Ma-with, upon pain and peril shall fall thereon. into France, said, that on this occasion lord Delamere, whom he had used ill, had treated him with much more regard than the other two lords to whom he had been kind, and from whom he might better have expected it. Yet Henry, earl of Clarendon, in his “Diary,” expresses himself with some spleen of the intemperance with which Delamere supported the measure of the king's removal, and acted on some other occasions:

The Prisoner was brought to the Bar by the Lieutenant of the Tower: the Writ and Return thereof, together with his Grace's Precept, and the Return thereof, were read in hæc verba. Cl. of Cr. Make proclamation.

Serj. at Arms. Sir Roger Harsnet knight, serjeant at arms to our sovereign lord the king, return the Precept to thee directed, together with the names of all the lords and noblemen of this realm of England, peers of Henry baron of Delamere, by thee summoned, forth

"1688, Dec. 17. My lord Halifax gave him" [the prince of Orange] "an account of the Resolution the Lords were come to, which was drawn up in writing, and being read, I said again, it seemed strange to me that the king should be, as it were, directed to go to Ham; that if it were not safe for his majesty to be at London, why might he not be at liberty to go where he pleased? or be desired to go to some of his own houses, Hampton-court or Windsor, and to have his own guards about him. Upon which, lord Delamere very angrily (a little thing puts him in a passion) said, He did not look upon him as his king, and would never more pay him obedience, and that he ought not to be like a king in one of his own houses, and earnestly pressed that he might be directed to go to Ham.

1688-9, Jan. 25. The House was called over according to order, which being done, the earl of Berkeley took notice that there was a peer there who had never been introduced, and so named my lord Griffin, who stood up in his place and said, he was created by the king a little before his going away, and had his writ to come to parliament, and his patent was at the door ready to be produced. Upon this grew a debate, that no peer could sit till he was introduced: it was alledged, that the in

troducing contributed nothing to the right of peerage, and that those peers who had been created by the late king in the time of his exile, upon his majesty's Restoration came into the House of Lords without being introduced. The lord Delamere was most violent in opposing lord Griffin's being admitted; but on a sudden my lord Lovelace moved on his behalf, That he might be admitted, to the wonder of every body, and in the same instant he and my lord Delamere went from their places and introduced him; the first time, I believe, that ever a peer was introduced when the king's authority was pretended to be set aside, and the Lords did not pretend to be a parliament. I cannot imagine what made the turn about my lord Griffin, except it was that the violent party had no mind to lose my lord Carteret, who had never been introduced, and of whom I believe they were sure; the duke of Northumberland likewise had not been introduced before.

"Jan. 31. Lord Montague said he was so perfectly satisfied that the throne was vacant, that he had a dispensation within him without the help of one from my lord Jefferies or sir Edward Herbert, and therefore did declare, that from this day he looked upon himself to be absolved from all allegiance to king James, that he owed him none and never would pay him any, and if king James came again he was resolved to fight against him, and would die single with his sword in his hand, rather than pay him any obedience."

In the early part of king William's reign, lord Delamere held the office of chancellor of the exchequer for about twelve months, and upon quitting it was created earl of Warringtou.-See, also, Burpet, vol. 1, p. 668.

The Serjeant at Arms delivered in his Preeept and return at the clerks table.

L. H. Steward. Read the Precept and the return. [They were read in hac verbu.] Cl. of Cr. Make an O-Yes.

Serj. at Arms. O-Yes! All dukes, earls, viscounts, and barons of this realm of England, peers of Henry baron of Delamere, who, by commandment of my Lord High Steward of England his grace, were summoned to appear here this day, and are now present in court, answer to your names, upon pain and peril will fall thereon.

The Peers summoned were called over, and those that appeared, standing up uncovered, answered to their names, each making a reverence to the Lord High Steward.

Cl. of Cr. Laurence earl of Rochester, Lord High Treasurer of England.

* Mr. Hatsell (Precedents vol. 4, p. 345,) adverts to the number of great officers of the crown and others, devoted at the time to king James, who were summoned by Jefferies upon this Trial. The managers for the Lords in a Conference, in the year 1691, respecting a Bill for regulating Trials for Treason, [See 4 Hatsell, Appendix, No. 3.] after stating, that in this case of lord Delamere, a great many of the Lords then in town were not chosen, say, "It is a great question, whether that noble lord had come off as he did, if he had not received such notice from the grand jury, and every thing had not been made out so plain." Indeed, lord Delamere must have expected the severest treatment from Jefferies, of whom he had spoken very sharply, in his Speech on the Corruption of the Judges. See lord Delamere's Works, p. 142, edition of 1694.

Cl. of Cr. James duke of Ormond, Lord Steward of his Majesty's Household. [He did not appear.]

Cl. of Cr. Charles duke of Somerset.
D. of Som. Here.

Cl. of Cr. Christopher duke of Albemarle.
did not appear.]

[He
Cl. of Cr. Henry duke of Grafton.
D. of Graft. Here.

Cl. of Cr. Henry duke of Beaufort, Lord
President of Wales.-D. of Beauf. Here.

Cl. of Cr. John earl of Mulgrave, Lord Chamberlain of his Majesty's Household. Macclesfield, lord Brandon and lord Delamere, and that they would be ready to rise in Cheshire, as soon as he landed: Others swore that the duke had written and sent messages to his friends in London, to give notice to the lords to be ready, and that he was preparing for England. In the course of this trial, a point of law never before heard of, was started, by the lord high steward, and the solicitor general, namely, That though there were but one positive evidence, in a case of high treason, if the rest, though but circumstantial, concurred therewith, it was sufficient to find a prisoner guilty; for example, supposing one man should hear another say, he intended to kill the king, upon such a day, and that another swears he saw the party lie in wait to prosecute his intention, the evidence is sufficient. But whatever there might he in this law, it was by no means applicable to the prisoner; for he most Of this trial sir John Reresby says: "My convincingly disproved the main evidence, Saxlord Delamere was this day tried by a particu- ton, and by the clearest testimony made it ap. lar commission, directed to the lord high pear, that neither the two gentlemen nor bimsteward and thirty other peers. The crime self were upon the spot upon the 4th of June; laid to his charge was conspiring to raise a re- that two of them were then actually in Lonbellion, and to subvert the government, in con- don, and the other sixteen miles off: He urged junction with the duke of Monmouth and other also, that if the man had sworn nothing but false traitors, and so on. I happened to sit truth against him, he could be no legal witness, near the king during the whole trial; but the being himself a prisoner, and taken in rebellion only positive evidence against his lordship was when Monmouth was routed, and consequently one Saxton, an obscure fellow, who swore that under a temptation to swear against him, to about the time of the duke of Monmouth's save his own life; upon the whole he was aclanding, he was recommended by the lord quitted, every one of the peers declaring him Brandon to the lord Delamere, and discours- not guilty. There were those who condemned ing with him at his house in Cheshire, upon the lawyers who had advised the king to bring the 4th of June, sir Robert Cotton, and another a peer to trial upon so sender a foundation; gentleman being present; that their conversa- while others observed, that as the king had tion was about assistance to be given to the committed him to prison, it was but it he said duke, and that his lordship should say, He should be brought to a public trial, lest it was engaged to raise 10,000 men in his cause, should be said he had been detained when nobut that he could not effect it so soon as he had thing appeared against him. But when all promised, because of a present want he was was over, I plainly saw the king was in great under of money. What the other witnesses rage with Saxton, and the next day he dehad to alledge, was all circumstance and hear-clared, He should be first convicted for persay: Some said the duke of Monmouth had jury, and then hanged for high treason."

told them, He depended upon help from lord

VOL. XI.

2 L

t

E. of Mulg. Here..

Cl. of Cr. Aubery earl of Oxford.
E. of Orf. Here.

Cl. of Cr. Charles earl of Shrewsbury.
E of Shrews. Here.

innocent, as they will to convict you if you be
guilty.

Cl. of Cr. Theophilus earl of Huntingdon.
E. of Hunt. Here.

Cl. of Cr. Thomas earl of Pembroke.
E. of Pemb. Here.

Cl. of Cr. John earl of Bridgwater.
E. of Bridge. Here.

Cl of Cr. Henry earl of Peterborow.
E. of Peterb. Here.

Cl. of Cr. Robert earl of Scarsdale.
E. of Scarsd. Here.

Cl. of Cr. William earl of Craven.
E. of Craven. Here.

Cl. of Cr. Richard earl of Burlington. did not appear.]

Cl. of Cr. Louis earl of Feversham.
E. of Feversh. Here.

Cl. of Cr. George earl of Berkeley.
E. of Berk. Here.

Cl. of Cr. Daniel earl of Nottingham.
E. of Notting. Here.

Cl. of Cr. Thomas earl of Plymouth.
E. of Plym. Here.

Cl. of Cr. Thomas viscount Falconberg.
L. Falconberg. Here.

[He

Cl. of Cr. Francis viscount Newport, Trea-
surer of his Majesty's Household.
L. Newport. Here.

Cl. of Cr. Robert lord Ferrers.
L. Ferrers. Here.

Cl. of Cr. Vere Essex, lord Crom well. - L. Cromwell. Here.

Cl. of Cr. William lord Maynard, comptroller of his majesties houshold.

L. Maynard. Here.

But, my lord, if you are conscious to yourself that you are guilty of this heinous crime, give glory to God, make amends to his vicegerent the king, by a plain and full discovery of your guilt, and do not by an obstinate persisting in the denial of it, provoke the just indignation of your prince, who has made it appear to the world, that his inclinations are rather to shew mercy than inflict punishments. My lord, attend with patience, and hear the Bill of Indictment that hath been found against you, read. Read the Bill of Indictment to my Lord.

Cl. of Cr. Henry Baron of Delamere, hold up thy hand.

Delamere. My lord, I humbly beg your grace would please to answer me one question, whether a peer of England be obliged by the laws of this land to hold up his hand at the bar as a commoner must do? And I ask your grace this question the rather, because in my lord Stafford's case it was allowed to be the privilege of the peers not to hold up their hands.

L. H. Steward. My lords, this being a matter of the privilege of the peerage, it is not fit for me to determine it one way or the other; but I think I may acquaint your lordships, that in point of law, if you are satisfied this is the person indicted, the holding, or not holding, up of the hand is but a formality, which does not signify much either way. *

L. Delamere. I humbly pray your grace's direction in one thing farther, whether I must address myself to your grace when I would speak, or to your grace with the rest of these noble lords my peers?

L. H. Steward. You must direct what you

Cl. of Cr.. George lord Dartmouth, master have to say to me, my lord. general of his majesty's ordnance.

L. Dartmouth. Here.

Cl. of Cr. Sidney lord Godolphin.
L Godolphin. Here.

Cl. of Cr. John lord Churchill.
L. Churchill. Here.

Then his Grace the Lord High Steward addressed himself to the lord Delamere, the prisoner at the bar, in this manner.

L. Delamere. I beg your grace would please to satisfy me, whether your grace be one of my judges in concurrence with the rest of the lords?

L. H. Steward. No, my lord, I am judge of the court, but I am none of your triers.+ Go

on.

standest indicted in the county palatine of ChesCl. of Cr. "Henry Baron of Delamere, thou ter by the name of Henry Baron of Delamere L. H. Steward. My lord Delamere, the king of Mere, in the said county of Chester, for being acquainted that you stand accused of that thou as a false traitor against the most ' High-Treason, not by common report of bear-illustrious and most excellent prince James the say, but by a bill of indictment found against you by gentlemen of great quality, and known integrity within the county palatine of Chester the place of your residence, has thought it necessary in tenderness to you, as well as justice to himself, to order you a speedy trial.

My Lord, if you know yourself innocent, in the name of God do not despond, for you may be assured of a fair and patient hearing, and in your proper time a free liberty to make your full defence: and I am sure you can: ot but be well convinced, that my noble lords that are here your peers to try you, will be as desirous and ready to acquit you, if you appear to be

second, by the grace of God of England, Scotland, France and Ireland, king, thy natural lord, not having the fear of God in thy heart nor weighing the duty of thy allegiance, but

* See Vol. 6, p. 1319, and the cases referred to in the note there.

As to the difference between the course of proceeding in the Court of the Lord High Steward, and that in the Court of our Lord the King in Parliament, See the Case of Earl Ferrers, A. D. 1760, in this Collection, and the Report of the Conferences respecting the Bill for regulating Trials for Treasons.