base Scandals, they are reckoned to be the best known to your lordships to be a most sowers of discord, and are subverters of the grave, honest, learned, and reverend Judge, and peace of the commonwealth. And surely if Mr.. I presume, free from any thought of Treason. Harrison had looked upon these Statutes, he would have been better advised: Of Trust, for he is trusted with the administration of equal justice between the king and his subjects, and the lives, fortunes, and estates of men. Therefore being a place of so great honour and trust, the scandal is the greater; and offences and crimes against them have been punished not with ordinary punishment. Mich' 33. 34 Ed. 1. In this court, rot. 75, there was Roger de Heigham gave Judgment against one De Bruce in the Exchequer-ChamHe asked this Roger, whether he would avow ber. This De Bruce was of a noble family: the Judgment, and he told him Yes. Now, says De Buce, thou hast thy will, which of long time thou hast sought: The Judge asked him what was that? He said, My shame and loss, kind of implicit way taxing the Judge of injus For this offence, in a tice, he was indicted, and confessed the Indictwas, That he should be committed, and there to ment, as Mr. Harrison doth: The judgment remain during the king's pleasure, besides a great fine. The Record saith, Et quia sicut ratione officii sui faciuntur, ipsi regi attribu'honor, et reverentia qui ministris domini regis and this I will think on. 25 Ed. 3, 1 pr. It is declared to be Treason to kill a Judge in execution of his office. Our books say, That if one draw a weapon upon a Judge sitting in judicature, though he strike him not, he shall be imprisoned during life, and forfeit his goods and lands, and lose his right hand.-Though the offence be not done to the Judge, yet being in the judges presence (the courts sitting), as if one strike a juror, or any other person in Westminster-hall, sitting in theuntur, sic dedecus et contemptus ministris suis courts, it hath been punished with the loss of hand, goods, and lands during life; this appeareth, 19 Ed. 3. Judgment, 174, 22 Ed. 3, 13 Mich. 6 Ed. 3. Coram rege, rot. 55. Stamford's Pleas of the Crown, 38. The Offence of Mr. Harrison is not for accusing judge Hutton, or any other, of Treason, for God forbid but that should be lawful where there is just cause; but to do it without any colour of ground, and to forge a false accusation out of his own brain, and to act in such an insolent and mad way against a reverend judge, sitting in the seat of judgment, this is the offence. 37 Hen. 6, 3. If one call another Traitor, an appeal lieth before the constable and marshal; and if the appellant be killed in battle, it is justifiable. 30 lib. Ass. One called justice Seaton Traitor, and answered well in damages, as appeareth more at large in the Record than in the Printed Book. Mich. 5 Car. in Banco Regis, Nich. Jeoffes was indicted and fined in the King's-Bench, for writing a Petition, wherein he said the lord chief justice Coke was a Traitor. Treasons are declared by the statute 25 Ed. 3, and then this gentleman may expound a Text, he cannot expound Statutes, for this is proper for the judges of the realm. He is not to judge what is treason, and what not: Tractent fabrilia fabri;' let him keep himself within the compass of his own profession. tum est quod prædictus Willielmus de Bruce 'fact. eidem domino regi inferuntur, consideradistrictus in corpore, capite nudo, toga deposita eat è Banco domini regis ubí placita teAulæ prædictæ cuin curia plena fuerit, usque 'nentur in Aula Westmonasterii per medium ad Scac. ubi deliquit et ibidem veniam petata Turri London. ibidem moretur ad voluntatem præfato Rogero, &c. Et postea committatur ' regis.' to the person of a most reverend, learned, and My Lords, This Offence, which was offered honest Judge, by the rules of our Books, is a scandal done to the king himself, if there be no to make this bold and impudent assertion. I colour nor ground why he should take upon him doubt not but you will maintain the honour of a Judge, and punish this Delinquent according to his demerits. His offence contained in the Indictment, is confessed in his Examination, and by himself ore tenus; therefore you of the Jury need not depart from the bar. Whereupon the Jury immediately gave in a Verdict, that he was guilty of the Indictment. Mr. Attorney General. Now, my lord, I desire Judgment. 6 Upon which the Court pronounced the fol lowing Sentence: That he should pay a Fine to the king of 5000l. and be imprisoned during the king's pleasure, and should have a Paper upon his head, shewing his Offence, and go therewith to all the courts of West This Offence is contra Coronam et Digni-minster, and make his Submission in every 'tatem,' and the scandals against the king's court in Westminster-Hall, and in the ExcheJudges and Ministers trench upon the king himself; and therefore his royal majesty, detesting quer: For it is an offence to every court. this odious and foul fact in the prisoner at the bar, hath commanded us his counsel to give Evidence. The person of the party accused is Afterwards Justice Hutton brought an action for these Words against Harrison, in which he recovered 10,000/. Damages. Another Account of the above TRIAL from TANNER'S MSS. in the BODLEIAN LIBRARY. The following Account of the above Case, in the hand-writing of Archbishop Sancroft, is taken from a volume among Tanner's MSS. in the Bodleian Library at Oxford. PROCEEDINGS UPON THE INFORMATION AGAINST THOMAS HARRISON, CLERK, AT THE KING'SBENCH BAR. 4 Junii, 1638. the Judge, he answered, because the Judge had committed a public treason. Mr. Solicitor told the lords, that Mr. Harrison being demanded in prison, why he took no other, ministers with him, when he spoke the words, he boastingly replied, he did it, that they night take an example of courage. our Mr. Attorney informed the court, that Mr. Upon the Indictment it was declared, that Harrison had forged a most wicked and malithe Common-Pleas is an antient court, that it cious slander against Mr. Justice Hutton, is against the crown and laws of this kingdom wherein was neither colour, nor evidence. to disturb the court, the Judges judicially sit. That by the old law, false accusers were to sufing; that, notwithstanding, Thomas Harrison, | fer the same punishment that the party accusclerk, did wickedly and maliciously defame sired should have suffered, if he had been found Richard Hutton, knight, one of the Judges of guilty; so hateful was this offence to that Court, and then judicially sitting there, forefathers. But Mr. Harrison's offence was seeking to deprive him of his life, goods, and much aggravated, if we consider the person chattels, and to procure the high displeasure against whom it was committed, the high place of the king, and cause him to be accounted of honour and trust wherein he is, his majesty Traitor both by our sovereign lord the king, his having given him the trust of life and member, peers, and all his subjects. That upon the 4th of the persons and estates, of his subjects. day of May, anno 14 R. the said Thomas Har-Therefore a scandal against a person in such rison did by force and arms violently rush to the bar of the said court of Common Pleas, and there accused the said sir Richard Hutton of High-Treason, openly, publicly, and with a high voice pronouncing these words: "I do "accuse Mr. Justice Hutton of High-Treason;" to the manifest scandal of all the courts of justice, and to the grievous scandal and damage of the said sir Richard Hutton. Mr. Attorney declared, that Mr. Harrison had committed a notable and insolent contempt, to the disturbance of the court of Common-Pleas, an antient and a high court, for the administration of justice between subject and subject, with a wicked and malicious intent to bring Mr. Justice Hutton into the king's high displeasure, and into danger of his life and estates, an offence of a high nature against the crown, and against the dignity of all courts of justice. high honour and trust must needs deserve a most exemplary punishment; and then to do it in so barbarous and uncivil a way. But Mr. Harrison was much out of his trade to meddle with the laws of the kingdom, Tractent fabrilia fabri,' he may expound the scripture, but the common law hath given him no power to expound statutes, and acts of parliament. This offence doth concern the king himself. For that scandals cast upon the king's ministers are cast upon the king's justice. I shall now only desire your lordships to hold in mind, that this scandal was cast upon a most reverend and most learned, most honest and sage judge, and accordingly give your censures. Mr. Harrison spake thus in his own defence. The reason why I pleaded Not Guilty, was not because I meant to deny the speaking of the words, but because no man can be guilty, that goeth about to defend the king. I confess that His Examination was here read, wherein he Judges are to be honoured and revered as sadid confess the words. The points of treason cred persons, but this is to be granted only so wherewith he did charge Justice Hutton, were long as they hold themselves within the tenor two: 1. For denying the King's Supremacy. of judges. They are then to be accounted but 2. For seducing the king's subjects to Sedition. as other subjects. Indeed, I do not understand The ground of his first Charge was, that he had the common laws, nor do I go about to exheard by common fame, that Mr. Justice Hut-pound them; therefore, the charge of interpreton did as a Judge deliver his opinion, that the king could not lawfully levy the Ship-Money. The ground of his second Charge was, that by report near his dwelling, and upon his own knowledge the people of the county of Northampton do deny to pay the Ship-Money, being moved thereunto by some treasonable words, which Judge Hutton did deliver in his Charge at the Assizes there against the lawful levying thereof, which is contrary to the orthodox opinion of all the loyal and well-learned preachers of this kingdom. Being asked by the Lord Chief Justice at his examination, why he made choice of so public a place to charge VOL. III. tation is laid a little too deeply. The oath of Supremacy I have divers times taken, and find myself bound to maintain it. And where any of the king's subjects have laboured to overthrow his royalty and supremacy, it is high time for any loyal subject to strike in, and to, appeal the offender. Our usual phrase for the king's Supremacy is in all cases over all persons, and this is a case of Ship-Money. Mr. Attorney. We shall not need to learn of you what the king's Supremacy is. Mr. Harrison. A divine understands the Supremacy as well as a lawyer, and a great divine as well as a great lawyer. 4 Ꭲ Deus est.' And although the outward action might seem not to be altogether without some rashness, yet there was sonie matter in it of mo maintain. This thesis I will stand to, that whatsoever the king in his conscience thinketh he may require, we ought to yield. L. C. J. Do you not think that the king nav govern his people by the common laws? Mr. Harrison. Yes, and by something else L. C. J. Then we must observe, that the denying of Ship-Money is against the king's Supremacy. Mr. Harrison. As a loyal subject, I did la-ment, and which every loyal subject ought to bour the defence of his majesty; and in the point of sedition, I find there is treason cominitted in that. For the people of the country where I live, do now refuse to pay the ShipMoney, upon Justice Hutton's Charge in that circuit. Our duties are to tell the people their duties. We find that the king may do it. The reason why I did so publicly charge the Judge, was, because there are such delays and such windings in the proceedings of all courts, and matters carried by favour and affection, that I thought a private insinuation would do little good, and besides the offence being openly committed, I conceived it not amiss to make a public and open accusation. Mr. Attorney. This is a scandal to all the courts of justice. L. C. J. Mr. Harrison, if you have any thing to say in your own defence, you shall be heard: but this raving must not be suffered. too. Judge Bartlett. What do you think of this then, if the king shall be persuaded in his conscience, that he must present another man to your living; would you not maintain your right by law? Mr. Harrison. No, with all my heart I would submit unto his majesty. L. C. J. But you mistake my brother Bartlett's question; he meaneth thus, that if the king should be persuaded that he had right and title to your parsonage, and did desire that the title should be tried, whether in this case would you stand to a trial? Mr. Harrison. I will answer your lordship. There is a difference between a demand that concerns some petty right, or the title of this or that particular matter, and a demand, which concerns the great royalty of the king; you unking him, if you deny his royalty. Mr. Attorney. This Defence is a very im toned for in another place: as they are bold and audacious assertions, so they proceed from a distempered brain. For the matter of ShipMoney, or whatever else concerneth his majes ty's royal prerogative, we, that are the king's counsel, have and will upon all occasions be ready to speak and do as becomes the duty of our places, and we shall not crave the aid of Mr. Harrison. I must let your lordships know that he protests a detestation of the fact, and willeth that your lordships give a severe Cen Mr. Harrison. I am not ignorant that somebody in this place is not a favourer, but rather a disfavourer, of my opinion, and that in the person of a Judge. As for Mr. Justice Hutton, though he be a man in great account, yet all is actions have not been approvable. Concerning the Judges arguing in the matter of Ship-Money, it was the king's gracious cle-pudent justification, which you may be quesmency, to have his power manifested by strength of arguments, and to that end was pleased to permit counsel on the adverse party, who urge arguments against it, and that the Judges shall be moderators. And the analogy holds very aptly, between this kind of arguing, and the public disputations upon points of divinity in the schools, where we have a moderator, whose office is, if the opponent urge any argument weakly, to urge it home, yet in the end he must determine for the truth. So here the Judges being moderators may urge arguments against the king, but yet in the end to conclude for the king's prerogative. And as neither king nor God will suffer any divine to Whereupon the Lord Chief Justice asked conclude in heresy, so neither doth his majesty him what he could say for himself that judg give his Judges leave to conclude in Sedition, ment should not pass against him. He annor have the Judges power to make or pro-swered, If I have offended his majesty in this, nounce laws against the king's prerogative, but I do submit to his majesty and crave his parare our moderators in the case of arguing. Judge Bartlett. As we are moderators of cases, so we are moderators of persons too, and therefore will moderate your lavish liberty of speech. You have slandered one Judge already, and in all our apprehensions you have flown in the face of two more. Mr. Harrison. If I had not had leave to speak, I had been silent: nor do I think, I have committed any offence against justice or For I say still we are not to question the king's actions; they are only between God and his own conscience, Sufficit regi, quod reason. * He must mean Judge Croke. See his Argument about Stip-Money ante, p. 1127. sure. Verdict. Then the Jury without going from the bar presently found him Guilty. don. L. C. J. Your if will be very ill takeď by his majesty, nor can this be taken for a submission. Mr. Harrison. That I spake the words, I confess, but whether well or not, let every loyal subject judge. Mr. Attorney. My lords, this concerns Mr. Justice Hutton no more than your lordships. Therefore I crave judgment and such a censure as may become the heinousness of the offence. No damages, but a large fine. THE CENSURE. 1. Fine 5,000l. 2. Imprisonment during the king's pleasure. 3. To submit virá voce in the Exchequer-Chamber. 4. To be carried from thence to all the courts Declaration itself is upon record. The Wit- in Westminster with a Paper upon his head | And, in pursuance of the leave given to Jus-ration the Defendant Thomas Harrison pleaded tice Hutton in the 5th Article, he did in Trin. 14 Car. R. 1658, bring a special action of the case in the Common Pleas against Mr. Harrison; sir Robert Heath one of the king's serjeants, and Mr. Lance the prince's Attorney, being of counsel for the Plaintiff. Mr. Bear and Mr. Maynard for the Defendant. The | Not Guilty. Whereupon issue was joined, Term. Mich. 14 Car. R. And a Jury of Middlesex consisting of knights and equites, at the King's-Bench bar found for the Plaintiff Mr. Justice Hutton, and assessed damages to 10,000l. and the Defendant Harrison brought a writ of error. 150. The Trial* of THOMAS Earl of STRAFFORD, Lord Lieutenant of Ireland, for High Treason: 16 CHARLES I. A. d. 1640 † November 11, 1610. THIS day a Message from the Commons to the Lords was delivered by Mr. Pym, to this effect: 66 My Lords; The knights, citizens, and burgesses, now assembled for the Commons in par liament, have received information of divers traitorous designs and practices of a great peer of this house; and, by virtue of a command from them, I do here, in the name of the Commons now assembled in parliament, and in the name of all the Commons of England, accuse Thomas carl of Strafford, Lord Lieutenant of Whitlock, whom Hume follows and quotes, says: "The time of the parliament's mecting drawing near, it was considered at York, whe ther the Earl of Strafford should repair to the house, or continue in the North with the army. The king was earnest for his going up to the parliament, as one, of whose service he should have great occasion, and placed much confidence in his faithfulness and abilities. The Earl humbly desired the king, to excuse his *"An erasure was made in the Lords Jour-wards interleaved in the original Journal by an nals, by order of that house, after the Restora-order of the house, 15th Feb. 1768, and has tion of Charles 2, of all the Proceedings against since appeared in the printed editions of that the Earl of Strafford this time. This extraordi- work.' 2 Cobb. Parl. Hist. 738. nary act was taken into consideration in a suc- † 1 Clar. Hist. 118, 152, &c. 1 May's Hist. ceeding reign, and another order was made by of the Parliament, b. 1, c. 8. See the larger the lords relating to it. This order is entered Trial, which being an entire volume in Rushin the Journals just where the first erasure be-worth's Collection, is purposely omitted, and gins, and is in these words :--" Die Martis Ju- this inserted in the stead thercof. lii 5to. 1698. The earl of Rochester reported from the lords committees, appointed to inspect the Journals of this house, in the year 1610 and 1641, relating to vacating or obliterating divers proceedings therein, pursuant to the act for reversing the earl of Strafford's attainder, as follows, viz. Upon perusal of the Journal of this house, in relation to the proceedings upon the Impeachment from the house of commons, it appears plainly, that, by the former orders made by this house, relating to the cancelling and ob-going to the parliament, alledging, That he literating the proceedings of the earl of Strafford, according to the act of parliament made for reversing of the said carl's attainder, it could | not be intended that any other proceedings should be obliterated than those relating espe cially to the said act of attainder; it is there fore ordered and declared, by the lords spiritual and temporal in parliament assembled, That whatsoever stands crossed upon the Jour- |‹ nals relating to the proceedings on the Impeach-whatsoever they should conclude against bim, ment of the said earl, ought not, or shall be he might the better avoid, and retire from any locked on as obliterated; and that the several danger, having the liberty of being out of their orders for obliterating and vacating any pro- hands, and to go over to Ireland, or to some cecdings concerning the earl of Strafford inust other place, where he might be most servicebe taken to be intended only to the act of at- able to his majesty, but it he should put himtainder."-Which report being agreed to by the self into their power, by coming up to the parhouse, it was ordered, "That there be a note, liament, it was evident that the house of comor metaorandum, of the aforesaid Order in the ⚫mons, and the Scots, with all their party, espe margin of the Journals, where any such pro- cially being provoked by his coming amongst ceedings have been obliterated."-But an au- them, would presently fall upon him, and protbeutic copy of all the proceedings was after-cure his destruction.' The king, notwith should not be able to do his majesty any service there; but should rather be a means to Linder his affairs; in reged he foresaw that the great envy, and ill-will of the parliament, and of the Scots, would be bent against him; whereas, if he kept out of sight, he would not be so much in their mind as he should be, by shewing himself in parliament; and if they should fall upon him, he being at a distance, ships do not doubt but that the Commons did take great consideration in it before they came hither; and their lordships will take it into their consideration, and will send them a further Auswer, by messengers of their own." Ireland, of High Treason. And they have com- | against the Earl of Strafford; and their lordmanded me further to desire your lordships, that he may be sequestered from Parliament, end forthwith committed to prison. They have further commanded me to let your lordships know, that they will, within a few days, resort to your lordships, with the particular Article, and Grounds of his Accusation; and they do further desire that your lordships will think upon some convenient and fit way, that the passage between Ireland and England, for his majesty's subjects of both kingdoms, may be free, notwithstanding any restraint to the contrary.", After this, the Commons withdrew; and the Lord Keeper reported the effect of it to the house. And, after their lordships had considered of the Message, they resolved to give this Answer for the present, by the Lord Keeper: viz. "That the lords do let them know, that they have been made acquainted with the Charge of High Treason, which the Commons have made Whereupon the Commons went to their own house; and the earl of Strafford, coming into the house, was commanded to withdraw. Then their lordships, falling into a serious debate of the Message, concluded, and ordered, “That the Earl of Stratford, for this Accusation of High Treason by the Commons, shall be prescntly committed to the safe custody of the Gentleman Usher of this house; and to be sequestered from coming to this house of parlia ment, until he hath cleared himself of this Accusation." The Earl of Strafford being called to the bar as a delinquent, kneeling, the Lord Keeper, by direction of the house, signified to him as followeth : 6 6 be made: so Mr. Pym and his back were removed. The lords began to consult on that strange and unpremeditated motion. The word goes in haste to the lord lieutenant, where he was with the king: with speed he comes to the house of peers, and calls rudely at the door. James Maxwell, keeper of the black rod, opens. His lordship, with a proud standing these reasons, continued very earnest for Stratford's coming up to the parliament; for which he laid his commands upon him: and told him, That as he was king of England, he was able to secure him from any danger; and that the parliament should not touch one hair of his head.' The Earl thanked his majesty, but replied, That if there should fall out a difference between his majesty and his parlia-glooming countenance, makes towards his inent, concerning him, that it would be a great disturbance to his majesty's affairs; and that he had rather suffer himself, than that the king's affairs should in any measure suffer, by reason of his particular.' The king remained unalterable in his resolution concerning Strafford's coming up to the parliament, saying, That he could not want his advice in the great 'transactions, which were like to be in this parliament,' and in obedience to his commands, the Earl came up to London." Memorials, p. 36, fol. ed 1682. See also 2 Strafford's Letters, 416. It is impossible to consider this, and the subsequent conduct of king Charles towards Strafford, without perceiving that either the head or heart of the king was very much in fault in these transactions. Mr. Seward, from Baillie's Journal, has introduced into his "Anecdotes," the following interesting account of the commencement of this Impeachment against Strafford: All things go here as we could wish. The lieutenant of Ireland, lord Strafford, came but ' on Monday to town, late; on Tuesday rested: and on Wednesday came to parliament; but ere night he was caged. Intolerable pride and oppre ssion call to heaven for vengeance. The lower house closed their doors; the Speaker kept the keys till his accusation was 'concluded Thereafter Mr. Pym went up with a rumber at his back to the higher house, and, in a pretty short speech, did, in the name of 'the commons of all England accuse Thomas lord Strafford of High Treason, and required his person to be arrested till probation might 6 place at the board head, but at once many bid him void the house. So he is forced in confusion to go to the door till he is called. After consultation he stands, but is told to kneel, and on his knees, to hear the sentence. Being on his knees, he is delivered to the black rod to be prisoner, till he is cleared of the crimes he is charged with. He offered to speak, but was commanded to be gone without a word. In the outer room, James Maxwell required of him, as prisoner, to deliver him his sword. When he had got it, with a loud voice he told his man to carry the lord lieutenant's sword. This done, be makes through a number of people towards his coach, all gazing, no man capping to him, before whom that morning the greatest in England would have stood discovered; all crying, What is the matter? He said, A small matter, I warrant you. They replied, Yes indeed, high treason is a small matter! Coming to the place where he expected his coach, it was not there; so he behoved to return the same way through a world of gazing people. When at last he had found his coach, and was entering it, James Maxwell told him, my lord, you are my prisoner, and must go in my coach; so he behoved to do. For some days too many went to see him; but since, the parlia inent has commanded his keepers to be straiter. Poursuivants are dispatched to Ireland, to open all ports, and to proclaim, that all who had grievances might come over.' Baillie gives a not incurious or uninteresting of this Trial. account |