Billeder på siden

have fully proved the treason and the overt act them; and that when Mr. Walpole went to laid in the indictment. We think it may rea- Holland, they were left with him, and he copied sonably be concluded from the evidence, that several passages out of them.

Mr. Buckley the prisoner has conspired, consultes and agreed was present at the prisoner's examination, but to raise aod levy war within this kingdom, to cannot say any tbing as to the book's being depose and murder the king ; that he has writ- shewo to him, because he was busy in taking ten to and received from his correspondents the examination ; but says, that Francia, upon abroad many letters to procure foreign assist- bis examination, would not be sworn upon a ance for that purpose ; and the Court will in- New Testament; but took a book out of his form you, gentlemen, that this is treason in the pocket, and was sworn upon that, that his exaprisoner at the bar.

mination was true. He subscribed his pame

to it, and it was read over to him. It was obL. C. Baron. Gentlemen of the Jury, Fran-jected, that he was refused the liberty of readcis Francia stands indicted of high treason, for ing it: but there was no such thing ; be might compassiog and imagining the king's death ; have read it, and it was read to him, and he cootriving to depose him from the throne, and was never refused to read it. to advance the Pretender to the crown. And My lord Townshend informs you, that he there are laid in the indictment several overt having received an information, that a corresacts; one is, that he consulted and agreed to pondeoce was carried on between the duke raise an insurrection and rebellion against the D'Aumont, the late duke of Ormond, and Mr. king: and that for that purpose he wrote let. Harvey, and that letters past between them by ters to divers foreigners, io solicit and procure means of the prisoner, there were orders sent arms, men and money, and to cause an inva- to the post-office, to stop all letters directed to sion; and caused those letters to be sent to di. Francia ; that the prisoner being examined bevers foreigners in France.

fore my lord, owned all these letters. And This is the substance of the indictment; and says be, “ As to my own letters, I appeal to to prove this, it has been shewn you how he my book which will shew them,” these are so was taken and seized. And Mr. Smith tells many evidences that he owned tbis book to be you, it was upon the 19th day of September, the book of his letters. 66 What others write 1715, that he had a warrant to seize him; that to me,” says he, “cannot affect me; but as he went with another messenger, since de- for my own letters I appeal to my book.”. My ceased, whose pame was Wilcox, and found lord says, there seemed to be a disposition in him and a woman in bed. The prisoner in a him to tell all he knew, and he offered to explain little time got up. He tells you there was a the letters there produced ; that at the next closet in the room, the door whereof he caused time Mr. Harvey's letter was produced, and he to be opened, and in it, upon a shelf, found a explained the figures in that letter; and my parcel of letters lying open in folio, wrote in lord Townshend then took him to be sincere, French, and a book, that has been produced, ly, but he found afterwards, that he had not discoing upon the desk. He put up the letters and vered all he knew. These letters were laid the book together ; when he had so done, says upon the table during the time of the examithe prisoner, “What do you take that book nation, and were taken back again. The prifor? That is my copy-book of my letters to my soner asked several questions about money becorrespoudents, and there is nothing material ing given him, and more offered to bim, by my in that." The inessenger took notice of a sort lord Townshend. My lord gave an account of of writiog at the end of it, that he knew it by that, and says, that the prisoner pretended to again, and the prisoner said, “That was his be in a miserable condition, bis wife starving, son's writing.” It has been deduced to you, and he begged hard for something, pretending that the book and the letters that have been to be miserably poor; and as he was going produced to you, are the same book and letters away, as merealis, my lord gave him three, ihat were seized in the prisoner's house, and or four, or five guineas, not as any encouragecarried to my lord Townshend's office.

ment to him to swear any thing, but as mere Mr. Walpole tells you on what day the war- alms, because he begged so bard, and pretended rapt was granted, and that the next day the to be in so miserable a condition. Then he debook and papers were delivered to bim by the sired to know, whether it was not promised messenger ; that he looked over them with Mr. him, that his examination should not be proBuckley, and then he carried them to my lord duced against him. He was told, that if he was Townshend; and that the prisoner owned the candid, there should be po advantage taken letters opon bis examination before my lord, against him, and that my lord would intercede and said, “This is my book of my letters to my on his behalf* ; and if he bad been so, no correspondents : some of them were entered by doubt, my lord would have done what he could me, and the rest of them by my son.”

This is

to incline the king to be favourable to him; but proved to be the same book; and upon perusal after this, my lord found he knew a great deal of the letters, Mr. Walpole proves them to be more than he would discover. His wife came the same that were brought to him by the mes- indeed to my lord, and pretended she could senger.

Mr. Buckley says, that when these letters * As to this, see in Leach Mrs. Rudd's Case. Fere brought to the office, he read several of See, too, Dr. Dodd's Case, in the same book.

prevail upon him to discover, if she might be | Harvey, by Payen alias D'Aulmay, was the admitted to him; but after this, when he was design of the Pretender to invade these king. in Newgate, a letter was found directed to his doms; this he could not know, unless he had wife, in which he said, he met with good com- been privy to the design. If a maa is privy to pany in Newgate, and hoped he bad said no- a treasonable design, and contributes to carry it thing against Mr. Harvey which would preju. on, it is not then barely a misprision: If be dice him; and upon this, my lord Townshend comes to the knowledge of treason, without did not think him

so sincere as he pretended to being otherwise concerned in it, and does not be at first. Mr. Buckley proves that letter to discover it to a magistrate, this is misprision of be of his hand-writing. In it he desires his treason; but if he assents to the treason, or acts wife to make herselt easy, “ They were all in carrying it on, it is bigh-treason. Tories that were there ; be had good con- In the next examination it is, that he shews pany, and the business will be at an end in a what the marks in Mr. Harvey's letter signify: fortnight.” What business could be mean? That 22 is the duke D'Aumont, 6 the French Nothing but that about which the correspon- king, 17 is the word Tory, and believes that by dence was, and “God will assist us; I know 8 is to be understood the Pretender, and by 9 is nothing against Mr. llarvey, he is only sus- to be understood his majesty. There are some pected to be for the affair, he was well known marks that he does not know, but his knowing to be so before; and if all were here that are thus far the signification of these marks, sbews so, be believed three parts of the nation would that he was privy to the design. be there.” So that he had a good opinion of Mr. Harvey's letter is annexed to this era. the cause, and that it would be over in a fort- mination, and that has been read to you; there night.

are some things remarkable in that letter, This examination was also proved by Mr. though a great part of it seems to be about some Stauhope, who says, that the letter of Mr. Har- money that he wanted to be paid him; yet at vey annexed to it, was produced at council to the end he says, Press 22 to think of his friends; Mr. Harvey ; that he was in the utmost confi- it will be well for 6; all things look well for 8, sion, changed countenance, desired to with- and in my heart, I think better than ever; 9, draw, and to have liberty to speak to a certain says he, every day loses himself, and for the Jord: My lord Townshend, and Mr. Stanhope, 24000 that makes for 8 and 6, that is, for the both thought bim in a good disposition to dis- | Pretender and the French king. He says, that cover, but that very night be stabbed himself. opening the cover the letter stuck to the seal

, As to the examination, he pretended be was not and that was the reason that he kept it by him, suffered to read it; but Mr. Stanhope says, and did not send it forward. If this man had that every thing of consideration was repeat- not been for carrying on the design, it had been ed more than once or twice ; and after the his duty to have carried this letter to the secre. first night's examination, be represented him tary of state, he ought to have discovered it to self to be in a miserable condition, and there a magistrate ; but instead of that, be owns, upon my lord Townshend did give him some that he bas since written other letters that have money, what it was be knows not; and this been read to you. was after he had signed bis examination, and At the beginning of the correspondence shewed no reluctancy to it; and says, that D’Aulmay desires to have some news, and he would not have been denied to have read Francia rells him, there was a discourse of a it, if he had desired it. This examination marriage in forwardness between the prince being thus proved, it appears to have been at Lorrain and the arch-duchess. “Let me taken as fairly and carefully in all respects, know, says he, what is in it, for it is for the inand with as much kindness to the prisoner terest of your wife,” for he bad married a wife as could be : things were gone over and whose name was Butler. D'Aulmay writes over again. It has been read, and there are word again, “as for the marriage of the Csome things in it that explain this correspon- St. G- e;" but it is in answer to the former dence, and tell you how it was begun and car- letter, and it is known that he was called by the ried on.

name of the Chevalier St. George; so that it It was begun by means of a law-suit that must be the same person. He says, “tbere bad was recommended to bim to manage here, and been some talk of that marriage, but no menthat brought on the correspondence between lion had been made of it lately, I am of opihim and the abbot Butler : This began a little nion, says he, that it will not be a sure way to before the queen's death, and it continued till bring his affairs to a bappy issue; a party-war within a few days of the prisoner's examination. would be of more advantage:" Francia writes During that correspondence he received several again to D'Aulmay, and complains, that some letters from the abbot, directed to Mr. Harvey, letters bad not been answered, though entirely and several were conveyed to the abbot from for the affair. And what that affair is, must Mr. Harvey, which were sometimes brought be left to you to judge. Besides, says he, I by Mr. Harvey himself, and sometimes sent by must tell you, that persons of 50 or 60 thou. other hands. "The prisoner also explains the sand crowns a year will not run the hazard of initial letters and numbers in Mr. Harvey's losing such estates, unless more encourager letter, and then tells you, that be believes ment is given them; you will be understood if the subject matter of the letters wrote to Mr. you mention it to that lord. And I must add, that the misfortune of a certain person is more | He goes on," and that at last, God blessing the owing to your delays on the other side the just cause of our friend, will let him gain his water, than to the party that is against him. suit; at least, assistance and powerful solicitaThey would bave you think, that by persons tions shall not be wanting." of 50 or 60 thousand crowns a year, was meant There are other letters wbicb shew he knew a person in France, that had suffered by being the design, and was privy to it; “Our friend's concerned in the revenues; but it is plain, it is cause will soon be ready, God willing, to be meant of persons here, that would not hazard tried.” That could not be the law-suit depends their estates: And he adds, You will be un- ing on this side the water; for that letter was derstood if you mention this to duke D'Aumont wrote from France; and he says, “ All prepara

There are other letters from the prisoner; in tions are making for it. The friend who is re. one he tells D'Aulnay, he would advise them lated to my wife,” that is, the duke of Ormond, to satisfy Mr. Harvey, I am persuailed to deal" has read your two letters, and is mightily with him as has been done is no good policy; pleased with them.” Which implies, that lie and if ever I have the honour to talk face to had wrote letters, though they are not entered face with you, I will shew you clearly, how in the copy-book. unhappily, through negligences, very impor- Then he writes upon the 24th of August, tant affairs have miscarried; this must be the under the name of Payen; “ I am very much affair of the Pretender, and not of the law-suit: astonished I did not hear from you by the post The affair that concerned Mr. Harvey, for Mr. which arrived yesterday. Our friend was at Harvey had nothing to do with the law-suit, my house expecting it. We both of us desire but by his letter shews himself to be concerned you not to let one post go without writing to for what makes for 8 and 6, that is for the Pre- us, and letting us know all that passes relating tender and French king.

to the cause of our common friend.” Tbat can, There is another letter from Francia, where not be the cause of Butler's or D'Aulmay's in he writes, “What you tell me at the end of friend that was depending here. There are your letter, of your having spoken in the map- several otber letters which have been read to ner I desired you, is sufficient, and consequent you, which mention both those causes, and ly we are now to expect every thing from your shew that he made a distinction between them, side of the water, that is to say, explications," On the 14th of September, says D'Aulmay, &c. I must leave it to you to consider what “ The contents of your last without a date were be meant by that.

very agreeable to me, as well as to all our In another letter be says, “ I am ordered to friends, who give you thanks for it, and have ortell you on the part of Mr. Harvey, that you dered me to tell you so, and to desire you to conwill do him a pleasure in desiring the duke tinue. We know already part of what you tell D'Aumont, in his name, to send hither some us about the cause of our friend, which will persons to fetch the horses and dogs he has bad soon end (please God) to his satisfaction, or all so long, or else to send orders to somebody to appearances would deceive us.

As to my own take them : Affairs are here in such a situation, cause, I cannot belp telling you, that my fate that great precautions must be used to avoid is very unhappy to have to do with so dishonest giving umbrage to those who are in power. a man." When I have any thing particular to write to I think this is the substance of most of the you, I will do it by a strange hand, and will letters that have been read to you, which relate sign Jacques Chrétien. Take notice of this, and to his correspondence, in endeavouring to proprorided you let me know you received this cure the Pretender to make an invasion here. letter, without its having been opened, I shall Upon these letters it has been observed, that be easy.” There then began to be more diffi- the cause of the Pretender is one, and the cause culty, and therefore the correspondence must be of the law-suit is another; but in all these carried on in that name, and in a strange hand. | letters there is plain mention made of the Pre

In another letter be writes, “ Mr. Harvey tender; advising how to bring it on, and giving gives bis service to you, and bid me tell you, intelligence about it. And these letters being when any thing new offers, if he cannot write in the prisoner's custody, and written to him, himself, "be will get J. C. to write for him.” and having such treason in them as is menThat inust be Jacques Chrétien.

tioned; and he keeping these letters by him, is Theo there are other letters from D'Aulmay a greal evidence that he assented to the transto Francia, which were found in the prisoner's action, and to the endeavouring to bring the custody ; and several of them import his having Pretender over, and to contrive, as well as he received letters from Francia. In one of them could, to carry on the affair. If he bad reD'Aulmay says, “ You are in the right to in- ceived but one letter, and did not design to proveigh against the indolence you reproach us mote the cause, he should have carried it to the wiib; but be persuaded, it only so in ap- secretary of state, and then he had done his pearance. I even hope, ihat by this time you duty. But to receive so many letters,* and to have convincing proofs of it, and that suitable retords are madle to the good dispositions of * At O. B. Sept. sess. 1784, colonel Gordon your side.” This grew near the time of the re- was tried for the murder of lieutenant colonel bellion. This letter was dated the 7th of Au. Thomas in a duel. The letter from col. Gordon, quist, and the rebellion broke out in October. containing the challenge, was carried hy bis keep them so loug, is an evidence that he as. Mary Meggison swears, that Mr. Buckley senied to the matter, and that he did write such should say, he would swear against him, be. letters as are mentioned to be received from cause he had cheated my lord Townshend of him.

five guineas, and would not swear against Mr. On the behalf of the defendant, there was an Harvey. objection made by bis counsel, that the defen- Mr. Buckley was called again, and he dedant is an alien born, and that is an objection nies it: he says there was no such thing. And to the indictment! He is indicted as a natural. it seems improbable that a man of bis credit born subject, and they have examined several should talk thus to the prisoner ; therefore the witnesses to prove him an alien. The proof is credit of Mr. Buckley must be left to you, strong, and you will find him an alien, and so against the credit of those two women. He that matter must be left specially for the judg- tells you, that Francia sent to him, to desire to ment of the Court, and you must find the other speak with him, not about Mr. Harvey, but on fact: And if you believe that he did promote behalf of one Flipt, who is a prisoner in Nex. the invasion, or conceal and assent to that de- gate, and was concerned in writing the Shiftsign, that is, a conspiring the death of the Shifted ; and Francia sent a message to Mr. king, then he will be guilty of the treason Buckley, that be could do a service in supcharged in the indictment.

pressing it. Mr. Buckley went to him, and be It has been objected, that in one of the letters, desired some favour on behalf of Flint, which the person who wrote those letters complains, was granted : and Mr. Buckley denies be bad that he had not heard of the prisoner in three any discourse with the prisoner about Mr. months; but that is a mistake, for that was in Harvey. a postscript wrote by another person), and in a Revell was called, and he proves, that Frandifferent hand; for ihe very same letter shews, cia sent him to Mr. Buckley, to desire be might that there were letters received from him within speak to him. That he ordered Revell to stand that time.

at the door, and be did so, but did not bear what They say, there is no direct proof that he in- they said. tended the life of the king ; but if he kept a My lord Townshend tells you, that Mr. correspondence, and promoted the intended in- Buckley gave him an account, that Francia vasion, that is in law conspiring the death of had sent to him, for the purpose which be menthe king:

tioned before: that my lord ordered him to go: They have produced some people rho have that he went accordingly, and he gave my given an extraordinary sort of evidence, of lord an account what he had done about the what Mr. Buckley and my lord 'Townshend matter, and Flint had some favour shews should say about this matier, as if they pro- hin. mised him great things, if he would swear As to Simon Francia, my lord says, he was against Mr. Harvey. Simon Francia said, that several times with him, but imy lord never pro Mr. Buckley told him, if his brother would posed any reward for swearing against Mr. swear against Mr. Harvey, be shonld have a Harvey ; but told him, bis brother must deal good reuard; and that my lord Townshend openly, and tell all he knew, and that was the said, he had given him five guineas, 1 he way to recommend himself to farour. should have more.

As to the two women, their credit must be Lucy W bite said, that she was in Newgate, left in opposition to my lord Townshend and and Francia desired her to conceal herself when Mr. Buckley, which of them you will beliere, Mr. Buckley came: That Mr. Buckley told for they deny what the others have sworn. bim, be must swear right or wrong for the Then they call another witness Everall: be government; and if he did not swear against tells you, that the prisoner's foreign letters Mr. Harvey, Mr. Buckley would charge him were brought to his house; that they lay in with high-treason, for be had cheated my lord an open window, and sometimes remained there Townshend of his money, and done nothing some days, and any body might see them; for it.

and from thence they infer, that they must be

of'no great consequence: but how can you ioservant, and delivered to the servant of colonel fer that? Who can tell by the superscription Thomas. Colonel Thomas's servant brought a ofa letier wbo it comes from, or what are the letter in answer back, and delivered it to colonel contents of it? But these people candut say Gordon's servant; but it did not appear that that these were all the letters that were sent to the letter was in fact ever delivered to colonel him. Gordon bimself; yet Mr. Baron Eyre admitted There is an objection made to the book; : an attested copy of it to be read against the witness says, he has looked upon it, and that prisoner: and left it with the jury as legal evi- pone of the book seems to be of his hand-wridence, if they were of opinion that the original ting; he says, Francia writes a fuller hand. hail ever reached the prisoner's hands. Mr. Simon Francia has looked upon it, and says, Baron Hotham concurred; but Mr. Justice not a syllable is of his writing; and others tell Gould thought that positive proof ought to you, they believe it is not his band, and that he have been given, that the original had come was three months lame of a rheumatism. As into the prisoner's possession, and cited Fran- for that, it is not material whose writing it is cia's Case.

if it contains the copies of his letters, and be


bas owned before three witnesses, that it is the This is the substance of the evidence that has copy-book of his letters.

been given on both sides: now, if you believe Dr. Cade tells you he was ill, and thence they these letters were wrote to him and by him, infer, that it is not probable tbat he should and that they contain a correspondence of a write letters so constantly as he did. He rells treasonable nature, inciting' or enconraging you, that from the 2nd of November 1714, to any persons to levy war against the king, or the 18th of the same month, he was in pain in any thing which shews that he was privy and one of his hands, but does not know which of assenting to it, then he is guilty of high treathem, nor whether he was able to write : but son. If you do not believe those letters were this was before this correspondence by letters his, or that they do not amount to such a cora that bare beeu read to you began.

respondence, then you must acquit bim. Then they call some witnesses to his reputa- If you tind bim guilty, then you must also tion: one tells you, that in discourse with him find ihat be was born in France, and is an about the late peace, he said, it would ruin the alien. pation ; that sort of evidence is of no significa. tion. Mr. Slater has knowo him four or five verdict; and when they returned into Court,

Then the Jury withdrew to consider of their years; there was a commission of bankruptcy against him, on which occasion he became ac

were called over, and answered to their names. quainted with him. He says, he always seemed

Cl. of Arr. Gentlemen, are you all agreed to espouse the interest of the king of France,

on your Verdict ?- Jury. Yes. but he always laughed at our parties among

Cl. of Arr. Who shall say

for ourselves. Those that were for the interest of

Jury. Our Foreman. France, would of consequence laugh at our hand. (Which he did.) Look upon the pri

Cl. of Arr. Francis Francia, hold up thy divisions. Richardson says, that he used to go to the High' Treason whereof he stands indicted, or

soner, bow say you ? Is he Guilty of the prisoner often in bis sickness, and knows no

Not Guilty ? harm of him : that Francia liked him, and

Foreman. Not Guilty. called him Vulcan, and bid hiin drink king George's health, and drank it himself.

Whereupon the prisoner was discharged.


452. Proceedings on an Impeachment and Act of Attainder, for

High Treason, against HENRY Lord Viscount BOLINGBROKE :
1 & 2 GEORGE I. A. D. 1715.*

June 10, 1715.
The House of Commons having taken into

ARTICLES OF IMPEACHMENT or HICH consideration the Report from the Committee Treason, AND OTHER High CRIMES of Secrecy,t resolved to impeach Henry vis- AND MISDEMEANOKS, AGAINST HENRY count Bolingbroke of High Treason, and other High Crimes and Misdemeanors.

Viscount BolingBROKE.
August 4.

“Whereas a Treaty of Alliance was made and Mr. Walpole, from the Committee of Se- concluded, on or about the 7th day of September crecy, acquainted the House, that the com- 1701, between Leopold then emperor of Germittee bad, in obedience to the commands of many, his late majesty king William the Third the House, prepared Articles of Impeachment of ever-glorious memory, and their high mighof High Treason, and other High Crimes and tinesses the States General of the United ProMisdemeanors, against Henry viscount Boling- vinces, for repelling the greatness of the combroke: and that the committee bad commanded mon danger which threatened all Europe, from him, at the same time, to acquaint the House, the duke of Anjou's having taken possession of that they shall, in a short time, bave further the monarchy of Spain; wherein it was, among Articles to lay before the House against the other things, agreed, • That, in case the said said viscount: and that the committee had di- • confederates shall be forced to enter into a rected bim to report the Articles, already pre- ' war, they shall communicate their designs to pared, to the House; and he read thein in his one another, as well in relation to the actions place, and afterwards delivered them in at the of the war, as all other things wherein the clerk's table: where they were once read ; and common cause is concerned : and that it shall are as follow; viz.

• not be permitted to either party, when the

• war is once begun, to treat of peace with the * See in this same year the Cases of the duke enemy, unless jointly and by a communicaof Ormond, lord Stratford, and lord Oxford. • tion of counsels:' and, in and by a defensive

+ See this Report in the Parl. Hist. as re- treaty and alliance, made and concluded in or ferred to in lord Oxford's Case.

about the month of November, 1701, between VOL. XV.


« ForrigeFortsæt »