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you see how the man is. The witness tells , say I bope I shall never see such a parliayou since the beginning of this term, the de- ment. claration being delivered, and by the course Mr. Under-Sheriff. Lay your heads togeof the court he onght to plead within such a ther, gentlemen, and consider of your verdict. time, the attorney voeth to bim for a plea in order to make his defence if he could in the
They did so standing at the bar. action now before you, but he lets judgment go
Under-Seriff: Are you all agreed of your by default; and so far is he from repenting of verdict ?-Onnes. Yes. what he had forinerly none, that he persists Under-Sheriff Who shall say for you ?
in it, and tells him, Are you the duke's at- Omnes. Foreman. • torney? Yes. Well, I care not a farthing for Under-Sheriff. What damages do you find ? the duke nor his attorney neither ; it may be Sir Charles Lee. Full damages, An Hundred I may be in bere for 100,000l. (and that I be- Thousand Pounds. lieve is one of the truest things be ever spoke Under-Sheriff. What costs? in liis life) but suppose I be, I do not doubt Sir Charles Lee. Twenty shillings. but when a parliament meets, a time will come, when some other people may come in Which Verdict being recorded in an inquisimy place. But truly since he has declared tion intended, taken under the hands of all the his hopes, I think it niay not be amiss tor jury, was afterwards annexed as the return to us to declare our's too ; and for my part, to the writ of Inquiry.
309. The Trial of THOMAS ROSEWELL,* a Dissenting Teacher, at
the King's-Bench, for High Treason : 36 CHARLES II. A. D. 1684.
of Thomas Rosewell, clerk, to be arraigned 23 Oct. A. D. 1684.
upon an indictment of High-Treason, found This day, being the first of the term, Mr. At- against him at a late session of Oyer and Tertorney-General moved the court of King's- miner, held at Kingston in the county of bench for an Habeas Corpus, directed to the Surrey; and it was desired returnable to morkeeper of the Gatehouse, to bring up the boily row, but was not taken out till that day, return
* " There were two famous trials in Michael a mixed assembly. It was also urged, that it mas term: three women came and deposed was highly improbable, that three women could against Rosewell, a Presbyterian preacher, remember so long a period upon one single treasonable words that he had delivered at a con- hearing ; and that they should all remember it venticle. They swore to two or three periods, so exactly, as to agree in the same deposition. in which they agreed so exactly together, that lle offered to put the whole upon this issue : there was not the smallest variation in their de- he would pronounce a period, as long as that positions. Rosewell on the other hand made a which they had sworn, with his usual tone of strong defence: he proved, that the witnesses voice with which he preached, and then leave were lewd and infamous persons. He proved, it to them to repeat it, if they could. I set down that he had always been a loyal man, even in all this defence more particularly, that it may Cromwell's days; that he prayed constantly appear what a spirit was in that time, when a for the king in his family, and that in bis ser- verdict could be brought in upon such an evimons he often insisted on the obligations to deuce, and agaios, such a detence. Jefferies loyalty. And as for that sermon, in which the urged the waiter with his ordinary vewitnesses swore he delivered those words, he hemence : le laid it for a foundation, that all shewed what his text was, which the witnesses preaching at consentielis was treasonable, and could not remember, as they remembered 110- ihat this ought 1001 pose the jury to believe any thing else in his sermon besides the words they evidence whatsoever upon iliat bead, and that had deposed. That text, and his sermon upon here were three positive concurring witnesses, it, had no relation to any such maiter. Several so the jury brought him in guilty. And there witnesses who heard the serinon, and some was a shameful rejuicing upon this. It was who writ it in sbort hand declared, he said no thought, now conventicles would be all supsuch words, nor any thing to that purpose. He pressed by it; since any person that would oflerei bis own votes to prove this farther: but witness that treasonable words were delivered no regard was had to them. The women could at them would be believed, how in probable sonot prove by any circumstance that they were ever it might be. But when the importance of at his meeting ; or that any person saw them the words came to be examined, by men learnthere on that day. The words they swore ed in the law, they were found not to be treaagainst him were so gross, that it was not robe son by any statute. So Rosewell moved for imagined any man in his wits could express an arrest of judgment, till counsel should be himselt so, were be ever so wickedly set, before hcard to that point, whether the words were
able immediatè, and upon Saturday it was re- | England, and to sow sedition and rebellion turned.
within the kingdom, and to depose our said soDie Sabbati, 25 Oct. 1684. B. Regis.
vereign lord the king from the stile, bono.r,
and regal name of the imperial crown of t.is DOMINUS Rex vers. RosEWELL.
realm, and o bring our said sovereign lord the This day Mr. Rosewell was, brought upon king to death and final destructiou, the 14th the Writ of Habeas Corpus, to the bar of the day of September, in the 36th year of the court of King's-bench, and was thus arraigned: reign of our said sovereign lord the king that
Cl. of Cr. Thomas Rosewell, hold up thy now is, at the parish of Rotherbith atoresaid, hand. (Which he did.)
in the county of Surrey aforesaid; didst pro“Thou standest indicted by the name of pose, compass and imagine to sow sedition, and Thomas Rosewell, late of the parish of Ro- raise rebellion against our said sovereigu lord therhith, in the county of Surrey, clerk; For the king, within this kingdom of England, and that thou, as a false traitor, against the most to make a miserable slaughter among the subserene and most excellent prince our sovereign jects of our said sovereign lord the king, and lord Charles the Second, by the grace of God, to cause our said sovereign lord the king to be king of England, Scotland, France, and Ire- deposed from the regal state, title, and honour laod, defender of the faith, &c. thy supreme of the imperial crown of this realm, and to and patural lord; not baving the fear of God in put to death, and final destruction, our said sothy heart, nor weighing the duty of thy alle vereign lord the king; and the government of giance; but being moved and seduced by the this his kingdom of England at thine owo will instigation of the devil ; the cordial love, and and pleasure to change and alter; and the true, doe and natural obedience, which a true state of this kingdom of England, in all its and faithful subject of our said sovereign lord parts well ordered and constituted, to overtlırow the king doth, and of right ought to bear to and subvert ; and to levy war against our said wards him, altogether withdrawing; and con- sovereigo lord the king, within this kingdom : triving and intending to disturb the peace and And to complete thy said most wicked treasons, common tranquillity of this his kingdom of and traiterous purposes, and imaginations ;
and to raise discord between our said sovereign treason, or not. In Sidney's case they refused lord the king and his people, Thou the said to grant that, unless he would first confess the Thomas Rosewell
, the aforesaid 14th day of fact. And, though that was much censured, September, in the 36th year aforesaid, at the yet it was more doubtful, whether council parish aforesaid, in the county aforesaid ; ooght to be heard after the jury had brought in falsly, unlawfully, seditiously, maliciously and the verdict. But the king was so put out of traiterously, in a certain unlawful assembly, countenance with the many stories that were and in the presence and hearing of divers subbrought him of his witnesses, that the attorney jects of our said sovereign lord the king, then general had orders to yield to the arrest of and there unlawfully and seditiously, and judgment; though it had been more to the against the laws of this land, assembled and gaking's honour to have put an end to the business thered together : didst speak, assert and de, by a pardon. It was thought a good point clare, * That the People' (meaning the subjects gained, which might turn to the advantage of of our said sovereign lord the king), made a the subject, to allow that a point of law might be focking to our said sovereign lord the king, argued after conviction. The impudence of upon pretence of healing the king's-evil
, this verdict was the more shameful, since, which he' (meaning our said sovereign lord though we had a popish successor in view, the king) · could not do ; but that we' (incanhere was a precedeni made, by which positive ing tbyself, and other traiterous persons, subwitnesses, swearing to any thing as said in a jects of our said lord the king) are they to serinon, were to be believed against so many wbom they' (meaning the subjects of our probabilities, and so much proof, to the contrary, said lord the king) · ought to fock, because which might have been at another time very 'we' (meaning thyself, and the said other traifatal to the clergy." Burnet's History of his terous persons) are priests and prophets, that Own Times, vol. 1, p. 397.
by our prayers can heal the dolours and griefs • of the people.
We' (meaning the subjects "Rosewell was attaint, by verdict, of high- of our said sovereign lord the king) • have had treason in London, and having made his peace two wicked kings' (the most serene Charles with the Lord Chief Justice, moved by his the First, late king of England, and our said counsel to arrest the judgment for an error of sovereign lord the king that now is, meaning) form in the record. The Lord Chief Justice together, who have permitted popcry to enter could not contain himselt, or be concealed, but in under their noses ;', whom (meaning the openly rejoiced at the accident, and was said Charles the first, late king of Engiand, tickled with mirth and laugbing at the king's and our said sovereign lord the king that nuvy couasel. But the serious observation was that, is) we can resemble to no other person but after he had urged the prosecution of Rosewell, i to most wicked Jeroboam.' • And that it they, and a fault slipt, be should so merrily discharge (meaning the said evil-disposed persons thea him.” North's Life of Lord Keeper Guilford. and there, so as aforesaid with thee unlawfully Vol. 2. p. 107, 8vo edit. of 1808.
assembled, and gathered together) I would
• stand to their principles, thou' (meaning thy- Ros. I humbly thank you, my lord ; I hope self) didst not fear, but they' (meaning thyself, you will pardon my weakness and ignorance. and the said evil-disposed persons)“would over- | 1 crave the favour to have a copy of my in
dome their enemies,' (meaning our said sove- dictment. reign lord the king and his subjects) as in Just. Hol. We cannot allow it. You cannot • former times, with rams-boros, broken plat- be ignorant of that, it has been denied in many
ters, and a stone in a sling ;' against the duty cases of late. of thy allegiance, against the peace of our Just. Walcot. We cannot grant it, except sovereign lord the king, his crown and dignity, Mr. Attorney will consent to it. and against the form of the statute in that case Just. Hol. You must positively say guilty, made and provided.'” How sayest thou, Tho- or not guilty. Sir Samuel Astry, call him to mas Rosewell ; Art thou gulity of this High- bis plea. Treason whereof thou standest indicted, and Cl. of Cr. How sayest thou, Art thou hast been now arraigned, or not Guilty ? Guilty or not Guilty ?
Mr. Rosewell. My lord, I humbly crave the Just. Hol. Look you, Sir, you shall not be favour to speak a word.
straitened, you shall have convenient time to Just. Holloway. What is it you would say, consider what defence you bave to make. In Sir ? You must plead.
the mean time, we have nothing to say, but to Ros. My lord, my charge is very high; and know of you what you plead ; Guilty or not I bless my God, I am not conscious to myself Guilty. of any guilt as to those things that you
have Ati. Gen. (Sir Robert Sawyer) If you debeard read, and charged upon me
sire to have the words read again to you, you Just. Hol. If you will plead, Sir, to this shall. indictment, so; that is all you have to do now. Just. Hol. Ay, with all our hearts.
Ros. My innocence is my great comfort Ros. I thank you, Sir, and my good lords. I under the God of beaven, who knows they desire, if you please, to have it read in Latin. have laid to my charge things that I know not. Just. Hol. Read it in Latin. [Which was I do protest my abhorrence of these things a)- done.) ledged to be said by me against my sovereign, Cl. of Cr. How sayest thou, Art thou Guilty, whom I honour in my heart, and daily pray or not Guilty ? for; I bless my God for it.
Just. Holloway. Now what do you say to Just. Hol. † hope then your innocence will it
. Are you guilty or not guilty for indeed clear you. But we have nothing to do now we cannot spend our time impertinently, we but to take your answer to this question, whe- have other business. Here is a question you ther you are guilty or not guilty, of what you ought to make a direct answer to one way or stand indicted for?
other. Ros. I humbly crave your lordship's pa- Rosewell. My lord, I humbly crave the fatience a little. Pray, my lord, give me leavevour it may be read once more in English.
Just. Hol. Sir, you will be heard whatever Att. Gen. Sir Samuel Astry, read the words you have to say, at the time of your trial. without the inpuendos. Ros
. Pray hear me a few words, my lord ; 1 Cl. of Cr. (Reads.). That the people made would not trespass upon your patience; I have a flocking to the king, upon pretence of healbut a few words to say.
ing the king's-evil, which he could not do; Just. Walcot. You must plead, guilty, or not. but we are they to whom they ought to flock, guilty, first.
because we are priests and prophets, who can Ros. My lord, I beseech you
• heal their griefs. We have now bad two Just. Hol. Sir, we cannot hear you in a case • wicked kings together, who have permitted of so great weight and moment as this, lill you Popery to enter under their noses, whom we have pleaded. You will have time enough at can resemble to no other person but to the your trial to make your defence; and all we most wicked Jeroboam : and if you will stand can do now is to take your plea of guilty or not to your principles I do not fear but we shall guilty.
be able to overcome our enemies, as in former Ros. May it please your honours, you are ' times, with rams horns, broken platters, and sensible of my great weakness and ignorance in a stone in a sling.' matter of law, and things of this nature; I Just. Holloway. Now you hear your charge therefore humbiy beg I may have counsel to both in Latin and English ; pray, therefore assist me in this business,
let the court koow what you do plead ; Just. Walcot. If there be any thing of matter guilty or not guilty to it. of law doth arise upon your trial, the court Rosewell. Not Guilty, my lord ; and I bless will assign you counsel.
my God for it. Just. Hol. We cannot assign you counsel at *Cl. of Cr. Culprit, how will thou be tried ? present, for we have nothing to assign it upon. Rosewell. By God and my country: If there do my question of law arise in your Cl. of Cr. God send thee a good deliverance. case, then the court will (as they are bound to Roséwell. These are things that my soul do) take care of you, that you suffer no preju- abhors, I thank my God. dice for want of the assistance of counsel; and Aut. Gen. Mr. Justice Holloway, will you in matters of fact upon your trial, the court please to appoint some time for his trial ? are of coupsel for you.
Justice Hollowuy. What time would you | Att. Gen. That was in a matter of law, have, Mr. Attorney ? When can you be ready, that was insisted upon, but it is not so here; Mr. Rosewell ?
if this gentleman had any matter of law to Rosewell. I desire, my lord, it may be on plead, he should have counsel assigned him the 19th of November.
too. But, Sir, I think Tuesday the 18th of Just. Holloway. What day of the week November will be the freest and most conve'is that ?- Mr. Clerk. Upon Wednesday.
nient day. Just. Holloway. Are there no arguments Just. Holloway. Let it be that day then. appointed for that day?
Cl. of Cr. The 18th of November is the Clerk. There is a jury of Northamptonshire day of your trial. for that day:
Rosewell. But my lord, was not counsel alJust. Holloway. Then it cannot be that day. lowed him before his trial came on ?
Rosewell. Then, if it please your honours, I Just. Holloway. Yes : but that was upon desire it may be the next day ; upou Thurs- a special plea, of a matter in law. day.
Rosewell. I hope you will consider my case Att. Gen. When it is most convenient for as of one that knows not the law. the business of the court.
Cl. of Cr. Tuesday the 18th of November is Just. Holloway. Sir Samuel, you will see the day. when it will be most convenient at the return Rosewell. My lord, I humbly request the faof the Venire.
vour that any person that can speak of my inCl. of Cr. Must I return it ?
tegrity, may come and testify for me. Att. Gen. No ; the sheriff must : and the Att. Gen. Ay, ay; you may have subpænas course is to make it retornable the same day out of the office for any body who you will, the cause is tried.
that are to be witnesses for you. Rosewell. My lord, I humbly desire ) may Just. Walcot. The officers of the court will have counsel allowed to come to me.
do all things that are requisite and legal for Alt. Gen. You can have no counsel allowed you. you.
Just. Holloway. Then take back your priRosewell. My lord, I request that my, soner, Keeper. friends may be allowed to come to me in the Ait. Gen. I do not know truly, whether the mean time; I have been a prisoner above this praetice of the court is not to eommit to the month, and not permitted to see my friends, Marshalsea, being the prison of the county of nor they to see me.'
Just. Holloway. What friends would you Cl. of Cr. Sir, it may be one or the other have ?—Rosewell. My relations.
way, as the court thinks fit. As long as the Just. Walcot. That relations is a large word. King's-bench sits in Middlesex, he may be priAtt. Gen. Truly, Sir, I think he may have soner still in the Gate-house. liberty to discourse with any person in the pre- Keeper. Then the rule of the court is that sence of the keeper, I shall not oppose that. be shall come again then.
Rosewell. Yes, my lord, I desire no other- Cl. of Cr. Yes, he is, by rule, to appear wise.
here the 18th of November next. Just. Walcot. Who do you name to come to
Whereupon he was carried back to the Gate
house. Rosewell. I have poor children, that desire and long to see me.
Just. Hollowoy. Who do you say, you would have come to you?
Die Martis, Nov. 18, 1684. Rosewell. My wife and children, my lord, This day the prisoner was brought, by rule, that are my bowels.
from the Gate-house to the bar of the King'sAtt. Gen. In the presence of the keeper 1 bench conrt to his trial, at which all the judges cannot oppose it.
of the said court were present. Rosewell. Will your lordships please to al- Cl. of Cr. Thomas Rosewell, bold up thy low counsel to come to me?
hand. [Which he did.] Those men that Just. Holloway. We cannot do it by law. thou shalt hear called, and do personally apThe court is to be of counsel for you when pear, ar to pass between our sovereign lord you come to your trial. The court will not and thee, upon the trial of thy life and thy suffer any thing to be done to your prejudice death : If therefore thou will challenge them, against law.
or any of them, thou art to speak upto them Rosewell. Is thiere any statute, my lord, as they come to the book to be sworn. Sir that forbids the giving of counsel ?
George Sheeres, baronet. Just. Holloway. The law forbids the al- Rosewell. My lord, I would bumbly crave lowing of counsel in capital causes : unless the favour of your lordship, that I may 'bave where matter of law doth arise.
the use of pen, and ink. Rosewell. My lord, as I remember, Fitz- L. C. J. (Sir G. Jeffreys.) Ay, in God's harris had counsel allowed him.
name let him have pen and ink. Just. Holloway. That was in a different Cl. of Cr. Swear sir George Sheeres, bart. case, in a matter where there were special Rosewell. I beg I may have pen, ink and pleadings; this is a general issue.
paper, before he be sworn.
L. C. J. Ay, let him.
Ros. I challenge him. Crier. Look upon the prisoner. Sir, you Cl. of Cr. Sir Cornwall Bradshaw. shall well and truly try, and true deliverance Ros. I challenge him. make between our sovereign lord the king, and Cl. of Cr. Sir Thomas Bladworth. the prisoner at the bar, whom you shall have Ros. I challenge him. in charge ; and a true verdict give according Cl. of Cr. Anthony Thomas, esq. to your' evidence. So help you God. [Jurat' Crier. Look upon the prisoner. Sir George Sbeeres.]
Ros. I do not challenge him.
Crier. You shall well and truly, &c. [Jurat'
Cl. of Cr. Francis Brend, esq.
Cl. of Cr. James Reading, esq. L. C. J. I cannot help it, Jir. Rosewell, Ros. Is it Mr. Justice Reading of Southyou must mind your business. · We cannot un- wark ? swear him again. Go on.
L. C. J. Do you challenge him or not? you Cl. of Cr. Sir St. John Broderick.
may if you will. Crier. Look upon the prisoner, Sir ; You Ros. My lord, my reason is, I have heard shall well, &c. Jurut' Sir St. John Broderick. much of him, but never had an opportunity to Rosewell. I challenge him.
know him till now. I have no exception L. C. J. You cannot, Sir; he is sworn against him. pow.
L.C. ). Then swear bim. Rosewell. I beg your lordship's pardon ; 1 Cl. of Cr. Thomas Newton, esq. was surprized.
Ros. I challenge him. L. C. J. Let us not spend time in such talk Cl. of Cr. Thomas Vincent, esq. as is to no purpose ; I tell you we cannot uu- Ros. I challenge him. swear him.
Cl. of Cr. Ambrose Muschamp, esq. Roseu ell. I desire, my lord, my challenge Ros. I challenge him. may be received, I was going to speak
Cl. of Cr. Ralph Freeman, esq. L. C. J. It cannot be after beis sworn ; we Ros I challenge him. cannot make a new law for you. Mind what Cl. of Cr. Joseph Reeves, esq. was said to you ; if you have a miod to chal- Ros. I challenge him. lenge any body, you must challenge them be- Cl. of Cr. Anthony Rawlins, esq. fore they come to be sworn.
Ros. I do not challenge him. [He was Cl. of Cr. Sir Robert Knightley,
sworn.) L. Č.J. Mind the thing you are about, man: Cl. of Cr. Thomas Overman, esq; speak now, if you have a mind to challenge Ros. I have no exception against him. [He bim.
was sworn.] Ros. I do not challenge bim.
Cl. of Cr. George Meggot, esq. : Cl. of Cr. Then swear him.
Ros. I challenge him. Crier. Look upon the prisoner, &c. [Jurat' L. C. J. Crier, Be sure you bid them look sir Robert Knightley.]
upon the prisoner, and the prisoner look upon L. C. J. Pray now mind the thing you are them, that he may see what he does. about; you are looking about you for some Crier. I do so, my lord. private mark, or hint to be given you by some Cl. of Cr. Samuel Lewin, esq. body, and so lose your time of challenging. Ros. I bave nothing to say against him. You must challenge them as they come to the [He was sworn.] book to be sworn, and before they are sworn. Cl. of Cr. Lawrence Marsh, esq.
Ros. I beg your lordship’s pardon; I was Ros. My lord, I desire to know how many minding to set down the names in my paper, | I have challenged. because I am to take notice of those I chal- L.C. J. He shall tell you. Count them.* lenge for their number.
Cl. of Cr. Twelve. Wbat say you to Mr. L. C. J. You shall have all the fair advan: Marsh?—Ros. I challenge him. tages that the law will allow ; you shall have Cl. of Cr. Ambrose Brown, esq. your full number to challenge, wbich you Ros. I challenge him. may do peremptorily, and without cause as Cl. of Cr. Jobn Halsey, esq. to 35 ; and as many more as you can with Ros. I challenge him.
Cl. of Cr. John Awburn, esq. Ros. Is there any one to note the number ? Ros. I challenge him. L. C. J. Tbere shall be sure to be notice Cl. of Cr. Henry Flood, esq. taken that you be not surprized that way. You Ros. I challenge him. shall bave all fair advantages, I tell you. Cl. of Cr. Jobo Parsons, esq. . Ros. I humbly thank your lordship.
Ros. I challenge him.
Cl. of Cr. Jobo Pettyward, esq.
* See a Note to the Case of Don Pantaleon Cl. of Cr. Sir George Woodroofe.
Sa, vol. 5, p. 466.