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son shall maliciously, advisedly and directly, y suficient. There are two descriptions of this by writing or printing, maintain and affirm that person in the act of parliament; the one is, that our sovereigo lady the queen, that now is, is the pretended prince of Wales, who vow stiles not the lawful and rightful queen of these himself 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 Britain. If Mr. Hungerford may be &c. bath any right or title thereto; the lan. allowed to mean there may be many Pretenders, guage of the act of parliament is, and now' though I believe he would not suppose that (that is, at the time of making of the act) there were any before the Pretender himself, stiles himself' so and so: but the indictment that called himself the prince of Wales; so 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 the 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 Augliæ, &c. pretend. esse princip. Wallie, et regis Angliæ,' is not that semper post decespost dicti nuper Kegis 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,' as it stands for if a person doth now, or five or six inonths bere, 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 nuper regis decessum,' for it is not said—im- in this Indictment says, who
in the life-time of
Serjeant Cheshire. My lord, the expression mediately after his death, and yet that person king James the second pretended to be the may not be the person who at the time of the act took upon bimself the title of king, &c. and prince of Wales, and after his death pretended since, by the wording of the indictment, it of king of England. The expression in this
to be, and took opon bimself tbe stile and title doth not appear that the person there described indictment says it more plain than as they is the same person with him in the act of par, would bare it; the late king James was dead liament, the indictment ought to be assisted 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 bim described by the act of parliament, where for when be died before the act of parliament,
less assertion, and not so proper and pertinent; 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 king James the second pretended to be prince tbe exact words of the act of parliament, we hope this offence is not sufficiently laid, where stile and litle of king of England ; so that we
of Wales, he assumed now) and ever bath, the 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 king James the length of time, than now they have done; and second, and after his decease. having only laid it post decessum, 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 wbatever; 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 descriping this act, it doth not necessarily appear, it is tion in the indictment takes but one part of the no natural cuosequence, 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 laid. If it had been, as Mr. Atperson that after his decease pretended to be torney seems to hint, that ibe 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.
extracted from the Harleian MSS. in the dual person, who is here called the pretended 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 Jobo Treachard was and how he is called in almost all the acts of parliament? . In one act of parliament he is
Secretary of State when the parties were called the pretended prince of Wales : In the
carried before bim. 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 IMAGIS. matter which 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
Mary. (Now FIRST PUBLISHED FRON so it goes through in the plural number (hath 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 · bujus regni,' and afterwards, in- soners were brought to the bar, and were ar. nuendo, coronam hujus regni.'
raigned upon an indictment of high-treason, Att. Gen. The words are • Magnæ Bri- for composing, printing, and publishing tbe tanniæ.'
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 lar. the indictment are, de et concerneu, coron. ful challenge to the number of 26, the Court
Magvæ Britanniæ;' you have got upop innu- proceeded to their trial, and the gentlemen endoes again.
sworn to try the issue were those whose names Mr. Ketelbey. Why, 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 bujas regni') be laid aside, the words of the in
Wm. Withers, John Skinner,
Francis Chapman, Richard Bowler, dictment will be barely, “ he hath that to plead in his favour," without any thing more, and
Henry Jones, Richard Richman, then it doth not appear, if you go through with
Edmond Salter, out the innuendoes, that it is any offence
Jobn 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. granted, and then the Indictment was read son to affirm, &c. that any person hath a right again, which set forth, that the prisoners stood to the crown of these realms; which expres. indicted by the names of William Newbolt and 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 having land, it is only ad coronam hujus regni; it God before their eyes, but being mored and is indeed · Magnæ Britanniæ 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 go your lordship's Judgment.
vernment of this kingdom wholly to sobrert,
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 sacred 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 bimi
* See this Declaration, vol. 19, p. 1909.
and divers other times, as well before as after, press stood), and that was to set the Declara-
Another evidence swore, that the prisoners
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,+ and it must be left to the jury vent-garden, 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 ser. below and wanted to speak with Nr. Newbolt; vants, 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 having 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 ove 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 might have this matter, acknowledging themselves to be leave to come to them, which was granted by true Proteslants, &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
for the children, to collect for tbem from pew The Case.* ON Saturday, August 23, 1718, upon leave The people gave liberally, til 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 Chislehurst, to preach two Charity Sermons children were vagrants, and sent about begging for the children of St. Ann's, Aldersgate; the for the Pretender. Mr. Hendley called out schoolmaster, with four or five more, carried from the pulpit, and commanded ibein to prodown some of the children to Chislehurst. 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 Farrington, 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 several the county; by whom they were asked, how 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 op to On Sunday August 24, a Sermon was give before tbeir turn: and others, kept back preached by the reverend Mr. Hendley, suitable by mere force, threw their money into the plaie. 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. Wilson 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. otber, 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 beld the door, and told him, bis
place was not there, and forbid bim touching * Taken from a pamphlet, intituled, Charity the money. Then sir Edward Bettisou came still a Christian Virtue; or, an Impartial Ac-up to captain Farrington, who called for a coo. count of the Trial of the reverend Mr. Hendley, stable, who came up with a long staff; upon &c. for preaching a Charity Sermoo at Chilse- 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 malignity, for which pur. cburch 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 cum prædictis pueris et puellis, seu aliquo seu the service was finished, and forbid them to aliqua eorum,fadtunc 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, itinera what was done. Mr. Wilson then called the verunt, iverunt et vagati fuerunt ad parochialem church warden to tell the money with bim, and ecclesiam de Chislehurst prædictam, et in paagree to the disposal of it according to the ru- rochiali 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 bisbop blaverunt in ecclesia parochiali de Chisļehurst, 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 Maido 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 iheir 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• Kent 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 Kantise Clericus, Georgius Campman Chislehurst, secundum conspirationem prænuper 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 gubernationew bujus regni ad Rolandum Tryon parochianum prædictæ sub excellentissimo Domino Georgio nunc parochiæ de Chislehurst, et alias personas in Rege feliciter stabilito maxime aversi, et iniqui eadem ecclesia tuuc 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 iidem mantenationem diversorum puerorum et puel. Georgius Campman, et Walterius Prat, adtunc larum, 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 regni dicti Domini' Georgii, nunc Regis , in prosecutione confederationis et conspirationis Dlagoe Britanniæ, &c. quinto, apud Chislehurst prædicta, et secundum conspirationem et conin comitatu Kantiæ 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 eummas 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 Kantiæ 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 prsedicti Rolandi et mantenatione prædictorum puerorum, puella- | Tryon, ac prædictorum aliorum parochianorum rumque. Et juratores prædicti super sacra- parochie 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 babitam ad nequissimas intentiones Domini Regis, coronam et dignitates suas.” suas prædictas ad effectum redigendas, postea,
“ MITCHELL." scilicet vicesimo quarto die Augusti, anno The sum of which Indictment in English quinto supradicto, apud parochiam de Chisie- runs thus : burst prædictam in comitatu Kantiæ prædicto, “ The Jury for our lord the king present, that