lenge them, or any of them, you must do it when they come to the book to be sworn, before they are sworn. And then were called, William Rutland, Arthur Vigers, Arthur Capel, Tho. Smith, Fran. Chaplain, Robert Harvey, Simon Driver, Robert Kirkham, Hugh Masson, Tho. Westley, Richard Clutterbuck, Rondolph Tooke. And she challenged none; but they were severally sworn.

Cl. of the Peace. Crier, make proclamation: O Yes! if any one can inform my lords the king's justices, the king's serjeant, or the king's attorney, before this inquest be taken between our sovereign lord the king, and the Prisoner at the Bar, let them come forth, and they shall be heard, for now the Prisoner stands at the Bar upon her deliverance: and all others that are bound by recognizance to give evidence against the Prisoner at the Bar, come forth and give evidence, or else you will forfeit your recognizance.

The Witnesses being called several times, and not appearing, young Carleton came into the court in a rich garb trimmed with scarlet ribbands, and prayed that in respect his father and the rest of the witnesses were not all ready, the trial might be deferred for half an hour; and he going back, and passing the Prisoner his Princess, who stood there in a black velvet wastcoat, dressed in her hair, trimmed also with scarlet ribbands, she, (veiling her face with her fan) laughed at him, to the great observation of the court: and so the young Lord left the court (by advice of his friends) and betook himself to an adjoining house, where he stood the whole trial.

After some stay the witnesses came into the Court, and the Prisoner was set to the Bar, and silence being commanded, the Indictment was again read.

Cl. of the Peace. Upon this Indictment she hath pleaded Not Guilty, and for her trial bath put herself upon God and the country; which country you are. Your charge is to inquire whether she is Guilty of the said Felony, or Not Guilty if you find her, Guilty, you shall enquire what goods and chattels she had at the time of the felony committed, or at any time sithence: if you find her Not Guilty, you shall enquire whether she did flee for it; if you find that she fled for it, you shall enquire of her goods, &c. as if she had been Guilty: if you find she be Not Guilty, nor that she did flee for it, say so, and no more, and hear your evidence.

Several Witnesses were then sworn:
James Knot. My lord, and gentlemen of the
jury, I gave this woman in marriage to one
Thomas Stedman, which is now alive in Dover,
and I saw him last week.

Court. Where was she married?
Knot. In Canterbury.
Court. Where there?

Knot. In St. Mildred's, by one parson Man, who is now dead.

Court. How long since were they married?
Knot. About nine years ago.

Court. Did they live together afterwards? Knot. Yes, about four years, and had two children.

Court. You gave her in marriage, but did the minister give her to her husband then? Knot. Yes, and they lived together.

Jury. Friend, did you give this very woman?
Knot. Yes.

Court. What company was there?

Knot. There was the married couple, her sister, myself, the parson, and the sexton, Court. Where is that sexton?

Knot. I know not, my lord.

Court. You are sure they were married in
the church; and this the woman?
Knot. Yes, I am sure of it.
Court. How long ago?

Knot. About nine years ago.
Court. Did you know this woman before
the marriage, and how long?

Knot. Yes, I knew her a long time, I was an apprentice seven years near her mother's house in Canterbury.

Court. Then she is no foreign princess? Of what parentage was she?

Knot. I did not know her own father, [and in that he might be believed] but her father-inlaw was a musician there.

Court. You saw her married: What words were used at her marriage, and in what manner?

Knot. They were married according to the order of the land, a little before the act came forth touching marriages by justices of the peace.

Court. Was it by the form of Common Prayer, any thing read of that form?

Knot. I did not take notice of that, I was but a young man, and was desired to go along with them.

William Clerk being sworn, said, My lord, I was last week in Dover, in company with this James Knot and Thomas Stedman; and he the said Stedman did own that he did marry one Mary Moders, a daughter of one in Can terbury, and that Knot gave her, and that be had two children by her, and declared his wil lingness to come up to give evidence against her, but wanted money for his journey: And I have understood that a person here in Court was of a jury at Canterbury, at a trial between Day and Mary Stedman at the bar, for having two husbands.

Court. Was she cleared?
Clerk. I cannot tell.

Young Carleton's father sworn. My lord, I was at Dover the last week, on Wednesday; I saw the husband of this woman, and the man acknowledge himself to be so, and did say that James Knot was the man that gave her in marriage to him.

Court. Where is this man her husband? Hearsays must condemn no man: What do you know of your own knowledge?

Carleton the Elder. I know the man is

man.

lordships my judges, to whom I wholly refer my cause. Since I have been in prison, several from Canterbury have been to see me, pretending themselves (if I were the person as was related) to be my school-mates; and when they came to me, the keeper can justify, they all declared they did not know me.

father afterwards considering I had a considerable fortune, pressed me, that in respect I had no relations here, and because, says he, we are mortal, you would do well to make over your estate to my son your husband; it will be much for your honour, satisfaction of the world, and for which you will be chronicled for a rare woAnd perceiving he had not baited his hook sufficient (with some fair pretences,) to catch me then, he and his son, who were both willing to make up some of their former losses in circumventing me of what I had, they robbed me of my jewels, and clothes of great value; and afterwards pretended they were counterfeit jewels, and declared that I had formerly been married to one at Canterbury, which place I know not; and this grounded on a letter (of their own framing) sent from Dover, with a description of me; that I was a young fat woman, full-breasted; that I spoke several languages, and therefore they imagined me the person: and so violently carried me from my lodging before a Justice of Peace, only to affright me, that I might make my estate over to them. The Justice having heard their several allegations, could not commit me, unless they would be bound to prosecute me; which my husband being unwilling to, the Justice demanded of his father whether he would prosecute me, saying, they must not make a fool of him; and so after some whisperings, the father and his son were both bound to prosecute, and thereupon I was committed to prison. And since that, these people have been up and down the country, and finding none there that could justify any thing of this matter, they get here an unknown fellow, unless in a prison, and from thence borrowed, you cannot but all judge, to swear against me. My lord, were there any such marriage as this fellow pretends, methinks there might be a certificate from the minister or place; certainly if married, it must be registered: but there is no registry of it, and so can be no certificate, no 'minister nor clerk to be found. And if I should own a marriage, then you see that great witness cannot tell you whether I was lawfully married, or how; but it is enough for him (if such a pal try fellow may be believed) to say, I was married. I was never yet married to any but John Carleton, the late pretended lord: but these persons have sought all ways to take away my life, bring persons to swear against me, one hired with 57. and another old fellow persuaded to own me for his wife; who came to the prison, and seeing another woman, owned her, and afterwards myself, and indeed any body. If such an old inconsiderable fellow had heretofore wooed me, it must have been for want of discretion, as Carleton did for want of money; but I know of no such thing. Several scandals have been laid upon me, but no mortal flesh can truly touch the least hair of my head for any such like offence; they have framed this of themselves, My lord, I am a stranger and a foreigner; and being informed there is matter of law in this trial for my life, my innocence shall be my counsellor, and your

Court. Knot, you said she lived near you at Canterbury; what woman or man there, have you to prove she lived there? Have you none in that whole city, neither for love of justice nor right, will come to say she lived

there?

Knot. I believe I could fetch one.
Court. Well said! are they to fetch still?
Prisoner. My lord, I desire some witnesses
may be heard in my behalf.

Elizabeth Collier examined. My lord,'my husband being a prisoner in the Gate-House, I came there to see my husband, and did work there on days; and there came in an old man, his name was Billing, he said he had a wife there says Mr. Baley, Go in and find her out and he said I was his wife, turned my

hood, and put on his spectacles, looks upou

me, and said I was the same woman his wife;
I can say no more.
and afterwards said I was not, and so to others:

Jane Finch examined. My Lord, there came a man and woman one night, and knocked at my door; I come down, they asked to speak with one Jane Finch. I am the person, said I. We understand, said they, you know Mrs. Carleton now in prison. Not I, said I, I only went to see her there. Said they, be not scrupulous; if you will go and justify any thing against her, we will give you 5!.

Court. Who are those two?

Finch. I do not know them, my Lord.

Mr. Baley examined. My Lord, there bas been at least 500 people have viewed her, several from Canterbury, 40 at least that said they lived there; and when they went up to her, she hid not her face at all, but not one of

them knew her.

Court. What country-woman are you? Prisoner. I was born in Cologn in Germany.

Court. Mr. Carleton, how came you to understand she was married formerly?

Carleton Elder. I received a letter from the Recorder of Canterbury to that purpose.

Prisoner. They that can offer 51. to swear against me, can also frame a letter against me: they say I was 19 years of age about nine years ago, and am now but 21.

Court. Mr. Carleton, you heard what Knot said: he said she lived near him four years a wife, why did you not get somebody else to testify this?

Carleton. Here was one Davis that was at her father's house and spoke with himCourt. Where is he?

Carleton. I know not; he was here.

Carleton. She was indicted for having two husbands, Stedman of Canterbury her first husband, and Day of Dover, Chirurgeon, her second husband. The indictment was versed the year before his majesty came to England, she was found Not Guilty.

tra

Court. Who was at that trial?
Carleton. One here in Court was of the
Jury. But that party said there was such a
trial, but knows not that this is the woman.

Judge Howell. Gentlemen of the Jury, you see this Indictment is against Mary Moders, otherwise Stedman, and it is for having two husbands, both at one time alive; the first Stedman, afterwards married to Carleton, her former husband being alive. You have heard the proof of the first marriage, and the proof doth depend upon one witness, that is Knot; and he indeed doth say, he was at the marriage, gave ber away; and he names one man, the parson that married her, that he is dead; none present there but the married couple that must needs be there, the parson, this witness, her sister, and the sexton; that he knows not what is become of the sexton. All the evidence given on that side, to prove her guilty of this Indictment, depends upon his single testimony. It is true he says she was married at Canterbury, but the particulars, or manner of the marriage, he doth not so well remember, whether by the book of Common Prayer, or otherwise; but they lived together four years, had two children. If she were born there, married there, had two children there, and lived there so long, it were easy to have brought somebody to prove this: that is all that is material for the first marriage. For the second, there is little proof necessary; she confesses herself married to Carleton, and owns him; the question is, whether she was married to Stedman or not? -You have heard what defence she hath made for herself, some witnesses on her behalf: if you believe that Knot, the single witness, speaks the truth so far forth to satisfy your conscience that that was a marriage, she is Guilty. You see what the circumstances are, it is penal; if Guilty, she must die; a woman hath no clergy, she is to die by the law, if Guilty.

By the temporary stat. 3 & 4 William and Mary, c. 9. (An Act to take away Clergy from some offenders, and to bring others to punishment,) it was enacted," That in cases where a man, being convicted of felony, might demand the benefit of his Clergy, a woman convicted for such like offence, and praying the benefit of that statute, should not have judgment of death given against her upon such conviction, or execution awarded upon any outlawry for such offence, but should suffer the same punishment as a man who hath the benefit of his Clergy in the like case should suffer." This statute was in the next session of parliament, continued by statute 4 and 5 William and Mary

You heard she was indicted at Dover for having two husbands, Stedman the first, and Day the second. There, it seems by that which they have said, she was acquitted; none can say this was the woman: That there was a trial, may be believed; but whether this the woman tried or acquitted, doth not appear. One here, that was of that Jury says there was a trial, but knows not that this is the woman. So that upon the whole, it is left to you to consider of the evidence you have heard, and so to give your verdict.

The Jury went forth, and after some short consultation returned to their places. Their names were called, and all answered.

Cl of the Peace. Are you all agreed of your verdict?

Jury. Yes.

Clerk. Who shall say for you?
Jury. The foreman.

c. 24, by which, after reciting that some doubt
had arisen upon
the former statute, whether a
woman should have the benefit thereof more
than once, it is also declared and enacted,
"That if any woman hath been, or at any time
hereafter shall be convicted of any felony, for
which a man might have the benefit of clergy,
and upon her prayer hath once had, or here-
after shall once have, the benefit of the said
statute, and shall be again convicted of any other
felony, for which a man might have the benefit
of his clergy, such woman shall be, and is here-
by totally excluded from having any benefit or
advantage of the said statute, but shall suffer
pains of death in such and the same manner
as if the said Statute had not been made." And
by 6 and 7 W. 3. c. 14. these enactments are
rendered perpetual.

As to how a peeress convicted of a clergyable felony, shall be dealt with, See the Case of the duchess of Kingston, 16 Geo. 3d, a. D. 1776, infru, and the Speech of the Lord Chief Baron on delivering the opinion of the Judges therein. Mr. Barrington (in a Note to his Observations, 1st Edition, on Statutum Gloucestria 6 Ed. 1.) accuses the Common Law of a want of humanity in excluding women from the benefit of clergy. The benefit of clergy seems to have very little relation, either to humanity or to the Common Law. It was a scandalous privilege extorted by the power of the Popish Clergy in favour of criminals of their own order, to which order women could never be admitted. It may be conjectured, that some intimation to this effect was made to Mr. Barrington; for in subsequent editions of his book, he has added somewhat to his note: however, what he says amounts in fact only to an assertion of the well known truth, that the privilege should never have been granted. It. appears by 2 Hale's Hist. P. C. cap. 51, that anciently nuns professed, were admitted to the privilege of clergy. But see 11 Co. Rep. 29 b. For more concerning benefit of clergy, see the cases of Cavenagh and others, and of Lord Warwick, infra.

Clerk. Mary Moders alias Stedman, bold up thy hand look upon her, Gentlemen; what say you, is she Guilty of the felony whereof she stands indicted, or Not Guilty?

Foreman. Not Guilty.

[And thereupon a great number of people being in and about the court, hissed and clapped their hands.

Clerk. Did she fly for it?

Foreman. Not that we know.

Afterwards she desired, that her jewels and clothes taken from her, might be restored to her. The Court acquainted her, that they were her husband's, and that if any detained them, from her, he might have his remedy at law: she charging old Mr. Carleton with them be declared they were already in the custody of his son her husband.

214. Proceedings, in the House of Commons, respecting a Message, alleged to have been carried by the Earl of Bristol to the King from Sir RICHARD TEMPLE, undertaking that the King's Revenue should be settled 15 CHARLES II. A. D. 1663. [Commons' Journals. 4 Cobbett's Parl. Hist. 269.]

June 13, 1663.

That the king hath sent word to this House,
That he brought the Message to him, from sir
Richard; and his Answer desired, Whether

sir Richard did desire him so to do: and that
Mr. Vaughan and Mr. Garraway do attend the
earl with this Message.

UPON information given to the Commons, by Mr. Coventry, That his majesty had commanded him to impart to the House that a Message was delivered to his majesty by a person of quality, from sir Richard Temple, to June 27. Mr. Vaughan reported, "That the effect following: viz. "That sir Richard he and Mr. Garraway had attended the earl was sorry his majesty was offended with him of Bristol; and had acquainted him with the that he could not go along with them that Order of this House; and with the transcript had undertaken his, business in the House of of so much of his majesty's Message as did Commons: but, if his majesty would take his relate to the Message which he did receive from advice, and intrust him and his friends, hesir Richard Temple: and that bis lordship did would undertake his business should be effect-render his most humble and hearty thanks to ed, and Revenue settled, better than he could desire; if the courtiers did not hinder it " It was ordered, That a Committee be appointed to examine the said matter, and report it to the House.

June 20. It was resolved, "That the king be humbly desired, that he would be graciously pleased to name the person that did deliver the Message to his majesty from sir Richard Temple and that his majesty's two principal secretaries of state, Mr. Treasurer, and sir William Compton, do attend his majesty, and acquaint him with the desires of this House."

June 26. Mr. Secretary Morrice acquainted the House, That he had received command from his Majesty to declare to the House, That the earl of Bristol was the person that did deliver the Message, from sir Richard Temple to his majesty. Upon which it was resolved, That a copy of the first Message sent by his majesty, against sir Richard Temple, be sent to the earl of Bristol: and be be made acquainted,

Although these Proceedings are short and not very satisfactory, they are interesting; not only from the nature of the alledged offence, but also from the earl of Bristol's share in them; who, in less than a fortnight after they were concluded, brought forward the Articles of High Treason against the earl of Clarendon, which form the basis of the next Case: with that Case the present, it will be seen, is con

nected.

this House, That, in such an important matter, and so much concerning his honour, they did signify their desires to him in so obliging a manner but, in regard the thing was of so great consequence, partly relating to his maJesty, and also concerning his own honour, and could not intrust any other person to deliver the reputation of a Member of this House, he his Answer, for fear of mistakes which might thereby happen; and because he might profurther accrue: and, therefore, that he might bably if present clear any matter which might give full satisfaction to so illustrious a representative of his country, he desired a day might be prefixed, when he might be admitted to give an account to the House, in person, concerning this matter: and that he would make his address to the Lords, that he might be permitted so to do." Upon this, it was resolved, That Wednesday next be appointed for the earl of Bristol personally to give in his Answer to the House.

July 1. The House having received information, that the earl of Bristol was at the door, and did pray admittance into the House, to give an account in person, of the matter concerning sir Richard Temple, his lordship was, by direction of the House, placed in a chair, set for him on purpose, on the left side of the House, within the bar and Mr. Speaker did open unto him his majesty's Message, and the Votes and Proceedings of the House thereupon, concerning sir Richard Temple. This being done,

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