ben, as counsel for the king, opened it to the jury.

Mr. Attorney General, (Sir Robert Sawyer.) After Sir Thomas Armstrong had fled, the prisoner relieved and aided him with money, and that, after he was indicted, and sued to the Exigent; besides, a proclamation followed upon his flight, which was a sufficient notice to all the king's subjects. Sir Thomas went by the name of Henry Lawrence beyond sea; by that name the prisoner held a correspondence with him, and sent him a letter, dated the 21st of August, and tells him, he had sent him a bill of exchange for 165l. drawn upon his brother, Israel Hayes, who was acquainted with sir Thomas. If it were not for these receiving and nourishing of traitors, they would not lurk at Amsterdam, as they do, The letter was taken about sir Thomas, and we shall prove it is the prisoner's hand-writing, and that sir Thomas received the money. I hope you will take care, by convicting this gentleman, to stop the fountain, which issues so much supply to these traitors who lurk abroad.

Mr. Hayes then affirmed, that he never knew sir Thomas in his life.

Then the Indictment against sir Thomas was read, which was found the 12th of July, and Mr. Glover proved a copy of the king's proclamation against sir Thomas, dated the 28th of June, 1683.

Then Ezekiel Eceris was sworn, and testified, that in August 1683, he was at Cleve in Germany, with the lord Grey, who went by the name of Thomas Holt, and sir T. A. came thither by the name of Mr. Henry Laurence, and shewed him a bill of exchange from England, upon Mr. Israel Hayes, in Amsterdam, for 1601. odd money; and that it was for 150 guineas, paid in England; and he told him, it was drawn by Joseph Hayes, and it was signed Joseph Hayes; and the bill was accepted, and he saw Israel Hayes's letter to sir Thomas, by the name of Laurence, which mentioned the sending the said sum to Cleve.

The Common Serjeant (Crispe) then delivered a parcel of letters into the conrt, and swore that he received them of the lord Godolphin, and they had been ever since in his hands.

The Lord Godolphin then testified, that he received three letters produced in court, from Mr. Constable, Mr. Chudley's secretary, who told him they were taken about sir Thomas, that one of them, without any name, mentioned 150 guineas returned to Henry Laurence.

Constable testified, that he was present, when the scout of Leyden apprehended sir T. A. and that the letters were taken out of his pocket, and he himself delivered them to Mr. Chudley, who sealed them up, and sent them by him, to the lord Godolphin.

Charles Davis testified, that taking boat from Amsterdam to Rotterdam, he met Israel Hayes and sir T. A. coming to take boat, and sir Thomas went with him in the boat, and he told them his name was Henry Laurence. Davis

added, that he lodged a month in one Briscowe's house at Amsterdam, where there was a club every Thursday: there were Mr. Israel Hayes, Mr. Henry Ireton, one Wilmore, Emerton, Dare, and some other English merchants; and he heard them several times abuse the king at table.

The Attorney General then shewed Mr. Hayes a letter, saying, It may be he will save us the labour of proving it; but Mr. Hayes disowning it, Mr. Walpole was called, and Mr. Hayes said, He was my servant, and went away after a rate that possibly would not be af lowed.

Walpole testified, that he served Mr. Hayes almost four years and three quarters, and did believe the letter to be Mr. Hayes's hand.

Hayes. My lord, in matters of treason, I hope you will not admit of comparison of hands and belief, for evidence.

L. C. J. Yes, no doubt of it.

Hayes. It has not been so in other cases, that have not been capital; as particularly in the Lady Carr's case.

L. C. J. This is a mistake, you take it from Algernon Sidney; but without all doubt it is good evidence.*

Judge Withins. Comparison of hands was allowed for good evidence in Coleman's case.f

Hayes. That, with submission, vastly dif fers: those letters were found in his own custody; this was not found in my possession, but in another man's, and in another nation.

Sir John Trevor, counsel for the king. This gentleman was a trader with the East-India Company, and made contracts with them, which are entered in their books; we will compare them with the writing in this letter.

The Common Serjeant then called Harman and Brittle, and demanded of them where the books were; and they produced them.

Harman testified, that he knew Mr. Hayes, and that he made several contracts in 1688, and that he saw him in September 1683, subscribe his hand to a book of the company's, shewn to him.

Brittle testified, that he is porter in the street to the East-India Company, and that he saw Mr. Hayes write his hand to a book shewn to him.

Capt. Piercehouse produced a note, which he said was Mr. Hayes's, and that he supposed it to be his hand, and compared it with the hand in the book, and said, that he delivered the goods upon it: and Walpole then said, he believed it to be Mr. Hayes's hand.

Then Mr. Sturdivant was called, and they shewed him the letter, and he said, Here is Joseph Hayes writ, but I do not know it to be his hand.

The Common Serjeant said, that Mr. Sturdivant swore he did know Mr. Hayes's hand,

* See the Proceedings in Sidney's Case, vol. 9, p. 818 of this Collection.

As to the truth of this assertion, See Coleman's case, Vol. 7, p. 1 of this Collection.

before the grand jury; but Mr. Sturdivant af- | firmed, the common serjeant was under a mistake.

Then sir John Trevor called for Mr. Hardresse; but the common serjeant answered, That he was out of town before he could be served with a subpœna.

Then the Letter was read, it was subscribed Joseph Hayes, and dated the 31st of August, 1683, directed to Mr. Henry Laurence, senior, at Amsterdam, and began thus, Sir, at your desire I have sent you a bill,' &c.

The letter and the East-India books were then shewn to the jury and to the prisoner.

Everis. No; but I saw a letter from Mr. Israel Hayes, that gave some account of it.

Hayes. All this is but similitude and circumstance: and I thought in case of treason there ought to be two witnesses, and hope you will let it be so here: here is no evidence but the letter, and that is not two witnesses; there is no body has proved the knowingly' in the indictment, that runs, that I knew sir T. A. and his treason: that ought to be proved, but I am sure it is not. Your lordship says, that the indictment and the proclamation are sufficient notice that he was a traitor: that may admit of counsel to debate it; there ought to be witnesses that could shew me to be concerned with him; which nobody in the world can prove, or that I ever saw him; and that wit

L. C. J. You are under a mistake; some body has put it into your head, and puffed you up with a vain story; there is no such thing, it is a fiction, a meer whim, only said by Mr. Sidney, and no ground in the world for it. Hayes. Was it not so in the case of my lady Carr? There is a record of that I suppose. L. C. J. It was not so. Don't talk of it *, there was no such thing at all. Comparison of hauds was allowed for good proof in Sidney's case. We must not alter the law for any body.

Att. Gen. Besides this comparison of hands, we shall give an account of the correspondence of the prisoner's brother, and that he received the money of him. Mr. Common Serjeant, Where had you this paper?

Com. Serj. I had them from my lord Godolphin. This is an account of the receipt and disbursement of the money; shew it Mr. Constable.

Constable. This is one of the papers, which was taken out of sir T. A.'s pocket.

It being shewn to the jury, one of them demanded, whether any one proved the hand that was in that note?

Att. Gen. No; but Everis swears, that sir T. A. shewed him a bill, subscribed Joseph Hayes, for so many hundred Guilders.

Com. Serj. He says, it was 160 odd pounds; now, the sum of this note is 1617. 5s. which is the change of 150 guineas.

Hayes. Here is nobody proves this letter to be my hand, positively: they only prove it by similitude, and comparison, and belief. I conceive there is but one witness, that that letter was found in sir T. A's hands. Everis says, he saw a bill had my naine to it. Sir, you did not know me, nor ever saw my hand?

Everis. No, never in my life. Hayes. It is only an evidence of reputation, he heard it was my bill; you saw no money paid upon it, did you?

does not know that I wrote it; there are them that say they heard of money paid upon this bill, but there is not one of them says, he saw any money paid and these are several witnesses, every one to a several thing. Here is no proof but by the East-India porters, and those who say, they believe this letter to be my hand; nobody says, he saw me write this letter, or had any correspondence with sir T. A. If they pretend there was money paid beyond sea; is this indictment well laid, for it is laid to be paid in London? The payment of money beyond sea can be no evidence of fact upon this indictment: for the jury of London are to enquire of matters arising in London only. If I am to be tried for payment of money beyond the sea, the fact should have been laid there, and the trial ought to proceed upon the statute of 35 H. 8. cap. 2. The indictment should be taken by special commission from the king, and the trial be in the county that the king should choose. I desire counsel upon this point.

L. C. J. No, it is an idle whim, and I would fain know the counsel that put that foolish notien into your head.

Hayes. If you will allow me counsel, you' shall hear who they are; I have been informed the law is so.

L. C. J. We are of another opinion: if any whimsical notions are put into you, by some enthusiastic counsel, the court is not to take notice of their crotchets.

Hayes. The witnesses are strangers to me; there is one that has been sworn, to whom I have paid several thousands of pounds, who says he does not believe it to be my hand.

Then he called Mr. Sturdivant, who looking upon the letter, said, I do not believe it to be his hand, I have had dealings with him, and he hath given me many receipts.

Hayes. There have been a great many forgeries; and this letter is forged: there have been forgeries so like, that the persons themselves have not known their own hands. Every body knows that a hand may be counterfeited very like: in Mr. Sidney's case, Mr. Wharton, a young gentleman, not above one or two and

terfeit any man's hand whatsoever. I am not

a man of that quality, to give sir T. A. 150 guineas.

Hayes then affirmed, that he neither gave nor lest, nor returned any sum of money to this person; and then called Mr. Langley, who testified, that a letter was counterfeited and a bill of Exchange for 450l. and so exactly like, that if he had not known of it before he saw it, he must have owned it for his hand; and the party that paid the money, paid it in his own wrong; for he never drew any such bill. Mr. Common Serjeant had my books several days in his hands, where there is an account of 20,000l. between my brother and me; and if I would set my hand to such a letter and bill, and write my name at length, is it not as reasonable that I should put the name of Laurence in my books? and if it were there he would appear. Indeed here is an account produced of divers parcels of money disbursed in little sums; but I appeal to the merchants whether any bill of Exchange was ever paid in such parcels? No foreign bill was ever paid by 31. or 5l. or 20l. at a time; it must be paid at the day, or it will be protested. Here is a computation of a sum like to the sum in the bill; but these are suppositions, and not proof.

Then Mr. Hayes called Alderman Jeffreys, to speak to his reputation and conversation; who said, That he had known him many years, and never knew any hurt of him.

L. C. J. Have you been at any of the elections at Guild-hall for mayors or sheriffs, when Mr. Bethel, and Mr. Cornish, and them people were chosen; and have you seen Mr. Hayes there, and how he behaved himself? A very forward active man, I will warrant you. Alderman Jeffreys. I suppose I may have seen him there, but I cannot say any thing to his behaviour.

Then Mr. Hayes called Mr. Pellet, Mr. Lloyd, Mr. Withers sen. Mr. Withers jun. and Mr. Hugh White, who gave a fair account of his dealing and conversation. He then said, that he would trouble the court with no more

witnesses.

Mr. Attorney General then said, that he would call one witness more against him; and ordered Atterbury the messenger to be sworn, and the letter was shewed to him.

Atterbury. I apprehended Mr. Hayes, and brought him before the king, and was present when the letter was shewed to him; and the king and Lord Keeper North pressed him to own whether it was his hand, or no; and he said, he should say nothing to it, if they could prove it upon him, well and good.

Hayes. His majesty was not there. Atterbury. As I remember, the king was there; I imagine the king was there.

Hayes. My lord, I did hope, that in point of law, my counsel should have been heard to those things I mentioned, and I wish you would favour me in it; [but that being denied him, he addressed himself to the jury:] Nothing has more troubled me, since my confinement, than the imputation of high-treason, a thing I always detested; I never knew any, the least thing of the conspiracy, but by the trials, or other printed papers; not one of the conspirators, who have come in, or been taken, have charged me in the least; nor did he himself accuse me, with whom I am charged to have this correspondence. Gentlemen, I desire you to consider, that it is my life is concerned, and I beg you would consider what these witnesses have testified; they are not positive in any respect, nay there are not two to any one thing that is charged: Constable says, the letter was found among sir T. A.'s papers; he says no more; and here are not two witnesses to that: Everis tells you, he saw this bill, but did not know my hand; there is nobody tells you I wrote this letter, but it is found in another man's custody, in another nation.

Gentlemen, it is very hard, that by comparison of hands a man's life should be in danger; when, in lesser crimes, it has been denied to be good evidence; and none of you can escape the same danger if this be allowed to be evidence; for your hands may be counterfeited as well as mine.

If there had been any probability of my knowing him, it had been something; but there is not one that testifies that ever I knew him, nor indeed did I there is a great deal of circumstance made use of, upon the account of his acquaintance with my brother in Holland; but it is strange there should not be some evidence of a further correspondence between him and me, if there were that intimacy that such a letter as this doth import.

I must, with reverence to the divine Majesty, say, and I call God, angels, and men to witness the truth of it, as I shall answer it to him, before whom, for ought I know, I am quickly to appear, that I never in my life spoke with sir T. Armstrong, nor was ever in his company, nor ever wrote to him, by the name of Laurence, or any other name; and I do solemnly say in the presence of God, that I never gave, sent, lent, paid, or ordered to be paid, any money, directly or indirectly to sir T. A. or H. Laurence, or to him by any other name, or to his use; I speak it without any counterfeiting or equivocation.

Gentlemen, there have been overtures, if I would say some things, that my life might be saved; and it is not to be believed, that I