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son shall maliciously, advisedly and directly, , sufficient. There are two descriptions of this by writing or printing, maintain abd affirm that person in the act of parliament; the one is, that our sovereign lady the queen, that now is, is the pretended prince of Wales, who bow stiles pot the lawful and rightful queen of these bimself king of Great Britain; the one is the realms, or that the pretended prince of Wales, pretended prince of Wales, and the other king who now stiles himself king of Great Britain, of Great Britaip. If Mr. Hungerford may be &c. hath any rigbt or title thereto; the lan- allowed to mean there may be many Pretenders, guage of the act of parliament is, and now' thougb I believe he would not suppose that (that is, at the time of making of the act) | there were any before the Pretender himself, i stiles himself so and so: but the indictment that called himself the prince of Wales ; 80 doth not pursue the words of the act of parlia- that that is plain who is meant by the Pre. ment, in describing the person of ihe Preten- tender. The second part of the description, der; for the words in the indictment are these;" who now stiles bimself king of Great Bri“ Persona iu vita Jacobi secundi nuper regis tain," • post decessum Jacobi secundi nuper Auglia, &c. pretend. esse princip. Wallie, et regis Angliæ,' is not that semper post decespost dicti nuper Regis decessum pretenden. sum ;' was not the decessum of king James esse, et suscipien. sup. se stilum et titulum re- the second before the making of the act of pargis Angliæ per nomen Jacobi tertii ;" so that liament; and is it not the pretended prince of • who now stiles himself, &c.' is not mentioned | Wales who, immediately post'and semper post in any part of the indictment, and conse- decessum, stiles himself king of Great Britain, quently the person described or intended by the that brings it down to the time of the act of paract of parliament, and the person described in liament, and continues it to the time of the inthe indictment, may be two different persons ; dictment laid? The post decessum,'asit stands for if a person doth now, or five or six months here, over-reaches the act of parliament in ago, stile himself king of Great Britain, it an-point of time, goes along with it, and continues swers the description in the indictment of with it till the indictment preferred, stiling himself king of Great Britain' post dicti
Serjeant Cheshire. My lord, the expression . nuper regis decessum,' for it is not said-immediately after his death, and yet that person
in this Indictment says, who in the life-time of may not be the person who at the time of the
king James the second pretended to be the act took upon himself the title of king, &c. and
prince of Wales, and after his death pretended
to be, and took upon bimself the stile and title since, by the wording of the indictment, it
of king of England. The expression in this doth not appear that the person there described is the same person with him in the act of par
indictment says it more plain than as they liament, the indictment ought to be assisted
would have it; tbe late king James was dead
before any of the acts of parliament, and that with an averment, that the person described in the indictment is una et eadem persona' with
which they would have us have said, is a much
less assertion, and not so proper and pertinent; him described by the act of parliament, where
for when he died before the act of parliament, by the identity of the person would appear ;
he assumed now, (he that in the life-time of and, for want of this averment or following of the exact words of the act of parliament, we
king James the second pretended to be prince
of Wales, he assumed now) and ever bath, the hope this offence is not sufficiently laid, where
stile and title of king of England; so that we by to affect the prisoner at the bar.
have taken in both the times of these acts of Mr. Ketelbey. If they had said "immediatè
parliament, in the life-time of kiog James the post decessum,' they had taken in a greater lengih of time, than now they have done; and
second, and after bis decease. having only laid it post decessom,' generally, Mr. Hungerford. My lord, I will crave leave it may, or it may not, be immediately after the to offer a few words by way of reply. The death of the late king James ; and then that description in the act of parliament, as Mr. Atintermediate space of time is not accounted for torney truly observes, consists of two parts, viz. or ascertained in the indictment, without such such a person as in the life of the late king averment as we contend for. The indictment James pretended to be prince of Wales, and ought to have been certain, in all respects, and who, viz. at the time of the act, took upon himto all intents and purposes whatever, but here, self the title of king, &c. The words are in since the late king James died before the pass the conjunctive, and therefore, if the descrip. ing this act, it doth not necessarily appear, it is tion in the indictment takes but one part of the no natural consequence, that the person who description in the act, it is an imperfect dein the life-time of king James the second pre- scription, and consequeolly the bigh-treason tended to be the prince of Wales, is the same not perfectly Jaid. If it had been, as Mr. Atperson that after his decease pretended to be torney seems to bint, that the person described and took upon himself the stile and title of king did semper post decessum' of king James, or of Great Britain.
immediately post' bis' decessum,' take upon Att. Gen. My lord, we are not bound, with himself the title of king, &c. it would have submission, to pursue the very terms of the act been well enough, because it would have of parliament. If, upon the face of the indict. amounted to an averment, that the person in ment, it appears the same person is described in the act, and the person in the indictment, was the indictment as in the act of parliament, it is the same individual person; and for want of such a certainty, we humbly insist, they have failed in a material part of this accusation. [The following Case of a conviction of Treason L. C. J. This act of parliament makes it
for publishing a treasonable Paper, I have high treason only with respect to this indivi. dual person, who is here called the pretended
extracted from the Harleian MSS. in the prince of Wales: Now, if the person hath no
Brit. Mus. N° 6846, art. 104, fol. 335. I where any christian name, or sirname, must know not exactly the date of the Trial; but we not take notice of the description of him, it seems likely that sir Joba Trenchard was and how he is called in almost all the acts of
Secretary of State wben the parties were parliament ? In one act of parliameat he is called the pretended prince of Wales : In the
carried before him. According to Beatson, act on which this Indictment is founded, he is Trenchard was Secretary of State from 1692 called the pretended prince of Wales, and that
to 1695.] now takes upon himself the stile and title of king of England: In the Abjuration Act, he is called by the name in the indictment; if it
The Trial OF WILLIAM NEWBOLT AND be the same person, must not we take notice, EDWARD BUTTLER, PRINTERS, FOR HIGH this is one and the same person ? and if so, no
TREASON, IN COMPASSING AND IMAGIXmatter wbich of the names he is described by. Mr. Ketelbey. My lord, I beg leave to men
ING THE DEATH OF THEIR MOST SACRED tion one word more. The act of parliament says MAJESTIES King WILLIAM AND QUEEN (any right to the crown of these realms,) and so it goes through in the plural number (hath
Mary. (Now FIRST PUBLISHED FROM any right or title to the crown of these realms ;)
THE HARLEIAN MSS. IN THE BRITISH it relates to the Union of the two realms of
Museum.] England and Scotland, and from one end to the other mentions them plurally; they bave ex ON Friday, the 8th of this instant Septempressed it in the indictment only in the singular ber, being the 3rd day of this sessions, the prinumber • hujus regni,' and afterwards, in soners were brought to the bar, and were are nuendo, coronam hujus regni.?
raigned upon an indictment of high-treason, Att. Gen. The words are · Magnæ Bri- for composing, printing, and publishing the tannie.'
late king James's Declaration, * &c. To wbich Mr. Ketelbey. With submission, the words Indictment they both pleaded Not Guilty; and are, innuendo, jus hereditarium ad coronam for their trial they put themselves upon God hujus regni,' without · Magnæ Britanniæ.' and their country. Tben the jury was called
Att. Gen. The words in the beginning of over, and the prisoners having made their law the indictment are, de et concerneu, coron. ful challenge to the pumber of 26, the Court • Magnæ Britanniæ;' you have got upop ippu- / proceeded to their trial, and the gentlemen endoes again.
sworn to try the issue were those whose names Mr. Ketelbey. Wby, if you do not like the follow : innuendoes, you may leave them out of the
JURY. case, and see how it will stand then; if the last
Wm. Underhill, Andrew Coock, innuendo jus bereditarium ad coronam bu. jas regni') be laid aside, the words of the in
Wm. Withers, Jobp Skipper,
Francis Chapman, Richard Bowler, dictment will be barely, “ he hath that to plead
Ricbard Richman, in his favour," without any thing more, and
Henry Bradberry, Samuel Lynn, then it doth not appear, if you go through with. out the innuendoes, that it is any offence
Edmond Salter, Job Preston. against the statute.
Then the prisoners desired they might have Mr. Hungerford. My lord, the objection is pen, ink, and paper allowed them, which was this, the act of parliament makes it high-trea.
parnament makes it high-trea. | granted ; and then the Indictment was read son to affirm, &c. that any person hatb a right again, which set forth, that the prisoners stood to the crown of these realms; whicb expres. | indicted by the names of William Newbolt aod sion comprebends Great Britain and Ireland; Edward Buttler, of the parish of St. Margaret's, in the indictment they have not mentioned Ire-Westminster, gents. for that they not baring land, it is only 6 ad coronam hujus regni ;' it God before their eyes, but being moved and is indeed · Magnæ Britannive' in the begin. instigated by the power of the devil, and being ning ; though England and Scotland make one enemies of our sovereign lord and lady the king united kingdom, Ireland is not included. and queen, and minding and intending to raise
Att. Gen. My lord, we have done, and pray war and rebellion in this kingdom, and the goyour lordship's Judgment.
vernment of this kingdom wholly to subrest,
alter and change, and a miserable slaughter Then the Recorder passed sentence, as usual | amongst their majesties' subjects to make, and in cases of high-treason; and he was executed to depose and put to death their most sacreu at Tyburn, November 6th, 1720, aged nineteen. majesties, on the 20th day of May last past, I don't find he made any Speech, or left any Paper behind bima
* See this Declaration, fol. 19, p. 1909.
and divers other times, as well before as after, press stood), and that was to set the Declarathey did compose, print and publish, or cause tion; and after this, on the 1st of June followto be composed, printed and published, a mosting, he met Buttler in Charles-street again, false, scandalous, malicious and traitorous libel, and he bad some Declarations about him, and entitled, “ His Majesty's most gracious De | bis heart failed him, and he gave them to this claration to all his loving Subjects,” signed evidence; and then the messenger went and J. R. and beginning to this effect: “ When we | took them, and they were carried before sir reflect upon the calamities of our kingdom, we John Trenchard, and there they confessed the are not willing to leave any thing unattempted matter; and there were thirty of them found that may be for the good of our subjects, and upon Buttler, and that they were to have 151. to regain our own rites,"'* &c. reciting the De. for printing 10,000 of them. claration at large.
Another evidence swore, that the prisoners Then the counsel for their majesties opened had a printing-press, and this was kept at one the nature of the offence contained in the in Douglass's, at Westininster, and there they dictment against the prisoners; bow that they printed the Declarations, and that both of them stood accused for bigh-treason, which indeed were concerned equally in the matter; and that was a crime of the highest pature against any that were seen to compose and set the letters person or goveroment whatsoever, and the in the press, and the frame so set by their offence alleged in the indictment was printing hands was brought into Court, on which the of a treasonable libel, entitled, “ The late king | Declaration had been printed, and sworn to be James's Declaration," which tended only to set by the prisoners; and all this was fully and the deposing of the king and queen, and to the clearly sworn against them by the king's evi. bringing of them to final death and destruction, dence, and that whosoever does go about to depose The prisoners did not deny the fact, nor that the king and queen, this was a compassing, they did not print this Declaration, but alleged imagining, and contriving the death and de- that it could not be treason to print; for nothing struction of the king and queen, and in the libel could be accounted treasou but what was conthere was contained the most rank and basest tained in the 25th of Edw, the 3rd, now pript. treason that could possibly be imagined, in that ing was not in that statute; therefore printing it did set up the title of the late king James could not be made an overt act of high-treason, against the present king and queen, and the and they were but servants and worked for government; and this did tend to incite and their livelihood; the press was not their's, and stir up all their majesties' subjects to take part what they did was through mere necessity, &c. with their enemies against them, and that the therefore they hoped that they could not be prisoners having printed the said treasonable found guilty of treason, for that it was never Declaration, this was an overt act of high- known that servants did suffer for their master's treason in law; therefore if it was proved to fault. them, the Court* did not doubt but that they They were answered by the Court, that the would find the prisoners guilty of high-treason. matter contained in the Declaration was trea. And the Court* hoped that the gentlemen of sonable; and the question was, whether the in. the jury were men so conscientious and so judi- tention of their minds were not to destroy the cious, that they would value the welfare of the king by printing such treasonable libels and by government so much, as to find a just and true sending of them abroad; for they would not print verdict against the prisoners, &c.
10,000 of them to put them in their pockets, Then the evidence for the king and queen and printing treasonable books had always been were called and sworn, the first of which stood accounted treason; yea, bare writing was treaup and gave account, that about the 20th of son too, and though printing in itself simply May last past, he was in company of the pri. | considered is no offence, yet printing of treason soners, at the Ship, in Charles-street, in Co- is an overt act, t and it must be left to the jury vent-gardeo, where they had an baggas to to consider, whetber their minds were not condinner; and after dinner the inan of the house cerned when they went about to print those brought up word, that one captaiu Griffiths was treasonable libels; and as for their being serbelow and wanted to speak with Mr. Newbolt; rants, that was not proved, but if it had, that he went down, and when he came up again he would no ways excuse them, for they were told the company, that captain Griffiths wanted to be told that there were no accessaries in 10,000 of the Declarations for the use of the treason. country, and that he would give 15l. for them. Then the Jury haviug considered of the eviAbout four or five days afterwards, he being dence; after about an hour's time they brought there again, Mr. Buttler pulled out a Declara- this verdict, that they were both Guilty of hightion out of his pocket, and one Mr. Farr was treason. there at the same time, and looked upon it, and When they received sentence, they desired said, that it wanted the king's-arms to it, and Mr. Recorder to make a favourable report of the letters God save the King ;' so Farr said their circumstances to the queen, how that they at last, Come, we will go to my lord's and do were poor men, and only worked for a living, it, (meaning at Douglass's, where the printing.
* So in the MS. * So ja the MS.
+ See East's Pl. Cr. c. %, $ 56.
and that they were tricked and trepanned intu! They desired that their friends migbt have this matter, acknowledging themselves to be leave to come to them, which was granted by true Protestants, &c.
460. The Trial of the Rev. Mr. William HENDLEY, for preaching
a Charity Sermon at Chislehurst, in Kent, for the Charity
, Campman and Mr. Prat, two of the trustees The Case.*
for the children, to collect for them from pew
to pew. ON Saturday, August 23, 1718, upon leave The people gave liberally, till they came to obtained, first, from the bishop of Rochester, Mr. Farrington, who not only refused giring, (Atterbury, then bishop of the diocese) and se- but seized the collector, asserting it was illegal, condly, from the reverend Mr. Wilson, rector and no collection should be made ; that the of Chisleburst, to preach two Charity Sermons children were vagrants, and sent about begging for the children of St. Aon's, Aldersgate; the for the Pretender. Mr. Hendley called out schoolmaster, with four or five more, carried from the pulpit, and commanded item to prodown some of the cbildren to Chislehorst. ceed; Mr. Wilson (from the altar did the like;
Immediately after they arrived, they were but the collectors answered they could not. taken up, and carried before sir Edward Betti. Mr. Wilson came down and said he would col. son, bart. Thomas Farriogton, esq. justices of lect in person, and Mr. Hendley called for a the peace, and major Stephens, high sheriff of common prayer-book, and read the sereral the county; by whom they were asked, bow rubrics which authorised these proceedings, they dared to come strolling and begging about and told the justices, they could not answer the country, without licence or authority first disturbing divine service, and must expect a obtained ? To which they answered, that if complaint to the bishop of Rochester. The archbishops and bishops thought it a good work justices said they cared not for the bishop, or to preach for such children, they imagined it to them eitber, and were charged by sir Edward be a good work to collect for them : To which Bettison and captain Farrington to desist from the justices replied, they cared not for arch collecting. bishops or bishops, and were resolved the thing In the mean time, the rector had good sucshould not be pursued.
cess in collectiog, many people crowding ap to On Sunday August 24, a Sermon was give before ibeir turn: and others, kept back preached by the reverend Mr. Hendley, suitable by mere force, threw their money into the plate. to the occasion: The Sermon being ended, the Mr. Farrington made a snatch at the plate to reverend Mr. Wilson (whose curate read take the money; when Mr. Wilsop ordering prayers) put on a surplice, and repaired to the the money to be brought to the altar, Mr. altar to read the offertory sentences before the Wilson took one paten and Mr. Hendley the prayer for the church militant; when Mr. other, and decently placed them thereon. Mr. Wilson made his offering in one of the com- Farrington pressed to come within the rails; munion patens, and then gave them to Mr. Mr. Hendley held the door, and told him, bis
I place was not there, and forbid him touching * Taken from a pamphlet, intituled, Charity the money. Then sir Edward Bettison came still a Christian Virtue; or, an Impartial Ac-up to captain Farrington, who called for a concount of the Trial of the reverend Mr. Hendley, stable, who came up with a long staff; upon &c. for preaching a Charity Sermoa at Cbilse- this they were ordered to disperse, upon pain hurst in Kent. Former Edition.
of being guilty of a riot, being seconded by sir It appears, that this frivolous squabble was Edward Bettison ; when Mr. Wilson and Mr. employed as a test of party zeal, and an in- Hendley told them, that the service of the strument of party maligoity, for which pur church was not tinished, for the prayer for the poses perhaps it was provoked. Different church militant was not read, nor the blessing pamphlets were written concerning it. given; and if any riot, it was occasioned by
the two justices. Sir Edward answered, that cụm prædictis pueris et puellis, seu aliquo seu the service was finished, and forbid them to aliqua eorum, adtunc non existentibus, residentiproceed ; and that all concerned in bringing bus, vel residente, nec nato, sen nata, intra down the charity children should suffer for parochiam de Chisleburst' prædictam, itinerawhat was done. Mr. Wilson then called the verunt, iverunt et vagati fuerunt ad parochialem churchwarden to tell the money with bim, and ecclesiam de Chislehurst prædictam, et in pa. agree to the disposal of it according to the ru- rocbiali ecclesia de Chislehurst prædicta, die bric. The justices countermanded the same, dicto, scilicet vicesimo quarto die Augusti, whom Mr. Church warden rather cbose to obey. anno quinto supradicto, sese cum prædictis
Upon this Mr. Wilson and Mr. Hendley told | pueris et puellis, et multis aliis male dispositis the money on the Lord's table, and committed personis juratoribus prædictis ignotis, assemit that afternoon into the custody of the bishop | blaverunt in ecclesia parocbiali de Chislehurst, of Rochester. In the evening, the rector, the prædicto tempore celebrationis divini servitü in preacher, and three persons who brought the eadem : Ac prædictus Willielmus Hendley adchildren down, were taken into custody, and tunc servitii et ibidem secundum conspirationem bound over to the quarter sessions at Maid. | prædictam, inde ut præfertur, bic illicite et instone, as rioters and vagrants.
juste, absque licentia dicti Domini Regis, seu These gentleman appeared at Maidstone alia legali authoritate quacunque, incitavit et upon their recognizance; but no bill being found | rogavit parochiantes et alias personas in eadem against them, they moved to be discharged; Ecclesia adtunc et ibidem existentes, dare eleebut the justices obliged them to put in fresh mosinas, et alia charitatis dona, sub colore et bail for their appearance at the vext assizes, prætextu charitatis exhibere, pro prædicti pueris when they appeared, and the following indict. et puellis. Ac idem Georgius Campman, et ment was found against them:
Walterius Prat, non existentes guardiani ec" Kept 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 Kantice Clericus, Georgius Campman Chisleburst, secundum conspirationem præpuper de eadem Painter, Robertus Hicks ouper dictam, ut præfertur, inde bic 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 sediticse tatione prædictorum puerorum et puellarum, et male dispositi, ad gubernationem hujus regni ad Rolandum Tryon parochianum prædictæ sub excellentissimo Domino Georgio nunc parochiæ de Cbislehurst, 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 fidem mantenationem diversorum puerorum et puel. Georgius Campman, et Walterius Prat, adiunc Jarum, scilicet viginti puerorum, et triginta et ibidem sub colore et prætextu colligendi puellarum, vicesimo quarto die Augusti, anno eleemosinas et charitatis dona, adtunc at ibidem regoi dicti Domini Georgii, nunc Regis ' in prosecutione confederationis et conspirationis Dlagoæ Britanniæ, &c.quinto, apud Chislehurst prædicta, et secundum conspirationem et conin comitatu Kaotiæ prædicto, inter sese et federationem prædictam, inde prius ut præfertur, quamplurimas alias male dispositas personas ac absque aliqua Jegali authoritate, collegere, juratoribus prædictis ignotas, conspiravere et recepere, et obtinuere diversas kummas 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 inhabitantiparocbias in comitatu Kaptiæ prædicto ; et in bus prædictis et aliis personis in parocbiali 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- parochiæ de Chislehurst prædictæ et prementum suum ulterius presentant, quod præ- dictarum personarum in eadem ecclesia tunc dictus Willielmus Hendley, Georgius Camp- existentium ; in malum et pessimum exemplum man, et Walterius Prat, in prosecutione et per omnium in simili casu delinquentium contra formatione conspirationis prædictæ, et juxta leges, ac in contemptum dicti domini Regis, conspirationem et confederationem prædictam legumque suarum, necnon contra pacem dicti inde prius habitam ad nequissimas intentiones Domini Regis, coronam et dignitates suas.” suas predictas ad effectum redigendas, postea,
« MITCHELL." scilicet vicesimo quarto die Augusti, anno The sum of which Indictment in English quinto supradicto, apud parochiam de Chisle- runs thus : burst prædictam in comitatu Kantiæ prædicto, " The Jury for our lord the king present, that VOL. XV.