1662.

6.

Tonge's case.

Distinction between treason and misprision of treason. If a person knowing a treasonable design attend a meeting to further it, it is treason; but if he does not know the design the fact of attending the meeting is misprision only'.

7. The judges differed as to whether a person who is promised his pardon on the ground that he will give evidence against his confederates is a good witness.

1663.

8.

Dover's case.

HYDE, C. J.

In misdemeanour prisoners are allowed counsel and copies of the indictment as of right3.

9. No person can prove handwriting unless he has seen the person whose writing is sought to be proved actually write.

KELYNG, C. J.

1668. Messenger's case.

10. Special verdict in treason".

11.

1675.

12.

1678.

13.

If persons assemble and use force with a particular object it is not treason, but if the object is general, such as an alteration of the law, it iso.

Weavers' case.

HALE, C. J.

Distinction between treason and riot: a public quarrel, treason; a private quarrel, a riot'.

Ireland's case.

SCROGGS, C. J.

Application of the rule, "Res inter alios acta alteri nocere non debet," to exclude evidence".

14. Direction to jury that there was no case against two of the prisoners, as only one witness'.

15. Trial postponed to enable prisoner to get witnesses. 16. Explanation of the reason why witnesses for the prisoner cannot be sworn, and the weight their evidence should have with the jury3.

Langhorn's case.

17. Hearsay is no evidence against a prisoner1. Wakeman's case.

18. Prisoner acquitted as only one witness against him3. Witness must answer all the questions put to him in cross-examination®.

19.

20. Witness must tell the whole of his knowledge, even if he allege State reasons against it7.

21. Trial put off on ground of ill health of prisoner". Anderson's case.

22. King's order no defence to an illegal act.

Lumsden's case.

MONTAGUE, C. B.

23. Special verdict, whether penal statute passed before union with England and Scotland applies to Scotland, decided it did not1o.

Mrs Cellier's case.

SCROGGS, C. J.

Lord Castlemaine's case.

24. How far does the King's pardon make a man convicted of felony a good witness? Does it merely remove the penalty or also restore the man ?

11

Lord Castlemaine's case.

25. To obtain a conviction for treason it is not sufficient that there are two witnesses, but the jury must believe both of the witnesses or else acquit1.

Thwing's case.

DOLBEN AND ATKYNS, JJ.

26. Discoursing about treason but doing no act in furtherance of it does not in law amount to treason2.

Other points might be added, but those mentioned above will serve to prove that even Charles II.'s judges recognised that prisoners had rights, that the judges had to administer the law, not merely to secure convictions.

CHAPTER XV.

CHARLES II.

(1660-1685.)

Letter to the Army-To the House of Commons-Declaration of Breda
-Letter to the House of Lords-To the Fleet-To the City of
London-Lambert's rebellion-Meeting of Parliament-Resolutions
-Proclamation as to Regicides-Act of Indemnity-Attainder of the
Regicides-Law of treason, 13 Car. II. c. 1-Corporation Act-
Licensing Act--Test Act-Acts against Catholics-Habeas Corpus
Act-The Regicides-Fifth Monarchy rebellion-James' case-Sir
Henry Vane's case- Tonge's case-The North rising-Twyn's case
-Brewster's case-Dover's case-Brooks's case--Messenger's case—
The Weavers' case-Popish Plot-Oates's statements-Godfrey's
murder-Stayley's case-Coleman's case-Ireland's case-Trial of
Godfrey's murderers-Reading's case-Whitebread's case-Lang-
horn's case-Wakeman's case-Proceedings against Catholic priests
-Kerne's case-Brommich's case-Atkin's case-Questions of the
Middlesex magistrates-Anderson's case-Corker's case-Marshal's
case-Russel's case-Parry's case-Starkey's case--Lumsden's case
-Cases of Libel-Sir Thomas Gascoigne's case-Meal Tub plot-
Mrs Cellier's case-Lord Castlemaine's case-Proceedings against the
Duke of York-Thwing and Pressicks' case-Sir Miles Stapleton's
oase-Lord Stafford's case-Proceedings against the Judges.

1660.

Date of the
Accession of

Charles 11.

IN Law Charles II.'s reign began the moment of his father's death; for in English Law since the reign of Edward IV., "the King never dies," so that when the Long Parliament was dissolved in March 1660 and the King was once more "in his dominions supreme," Charles in law, had been reigning twelve years in fact, he only became King from the date of the dissolution of the Long Parliament. The Convention Parliament, as the one then about to be elected is called, would it was hoped be royalist, to pave the way for this and for his restoration Charles on the 14th April issued from his Court at Breda, six remarkable documents, the contents of which afterwards gave rise to great discussion. The first was the Charles' following letter addressed to Monk and the army.

8. T. II.

1

letter to the army.

1660.

Charles's

Letter to the army.

"To our trusty and well beloved General Monk to be by him communicated to the President and Council of State and to the Officers of the Armies under his Command.

"Charles R.;-Trusty and well beloved. We greet you well it cannot be believed but that we have been are and ever must be as solicitous as we can by all endeavours to improve the affections of our good subjects at home and to procure the assistance of our friends and allies abroad for the recovery of that right which by the laws of God and man is unquestionable and of which we have been so long dispossessed by such force and with those circumstances as we do not desire to aggravate by any sharp expressions but rather wish that the memory of what is passed may be buried to the world. That we have more endeavoured to prepare and to improve the affections of our subjects at home for our restoration than to procure assistance from abroad to invade either of our kingdoms is as manifest to the world. And we cannot give a better evidence that we are still of the same mind than in this conjuncture when common reason must satisfy all men that we cannot be without assistance from abroad we choose rather to send to you who have it in your power to prevent that ruin and desolation which a war would bring upon the nation and to make the whole kingdom owe the peace happiness security and glory it shall enjoy to your virtue, and to acknowledge that your armies have complied with their obligations for which they were first raised for the preservation of the Protestant Religion, the honour and dignity of the King, the privileges of Parliament, the liberty and property of the subject, and the fundamental laws of the land, and that you have vindicated that trust which others most perfidiously abused and betrayed. How much we desire and resolve to contribute to those good ends will appear to you by our inclosed declaration, which we desire you to cause to be published, for the information and satisfaction of all good subjects, who do not desire a further effusion of precious Christian blood, but to have their peace and security founded upon that which can only support it an unity of affections amongst ourselves in equal administration of Justice to men, restoring Parliaments to a full capacity of providing of all that is amiss, and the laws of the land to their due veneration.

"You have been yourselves witnesses of so many revolutions and have had so much experience how far any power and authority that is only assumed by passion and appetite and not supported by Justice is from providing for the happiness and peace of the people or from receiving any obedience from