bigh treason. (and so he sat down.) Then stood up Sir Jeoffry Palmer, attorney-general.

pion; and that when they had power again, they should do the work more thoroughly. And said, That thereupon he told it presently to a justice, and afterwards to a neighbour of his, who was in an extreme fright and horror, and so they both went together to alderman Chard, justice, who then came immediately, and surprised and seized upon them; the women only they let go, but the men the Justice did commit to prison that would not take the oath of Allegiance: that they seized John James in the pulpit, where he was preaching when they the day it was? And he said it was about came in. The Court asked him, what time of two of the clock in the afternoon. And they asked him, where he stood? And he said he stood directly opposite in a window, in a yard he could easily discern him. Demanding of next adjoining to the meeting-place; and that him some other questions, that might induce the jury to believe the evidence given was neither with thought of malice to the prisoner, prisoner leave to ask Tipler what questions he nor hope of reward: then the Court gave the pleased.

The Substance of Sir Jeoffry Palmer's Speech. First he spake of the antiquity of monarchy, and did fully assert the present government. Then, by way of reflection, he reviewed the 20 years troubles that had passed over our heads in these nations; and that the vessel of this commonwealth had been beaten and blown upon the waves and billows of a tempestuous raging sea being almost broken to pieces, and like utterly to be lost, unless God by a miraculous providence had restored his majesty Charles the second to his crown and dignity; for which (he said) ever blessed be his name. Then he observed that the beginning of our sorrows was by the seditious preaching of some discontented ministers in this nation, and about this city: Then he told them how much care the law had taken for the preservation of his majesty's person and government; and that it was as much treason in the heart, as in the act, Mens rea facit reum.' Then he did descant upon the words of the indictment, and opened them, and told the jury, that according to the law of Eng-witness, was, That it was a hard thing for him The exception that John James took unto the land [13 Car. 2. c. 1.]* they were treason, for which he ought to die: and then sat down.

Then the Court called John Tipler, the first witness, the Judge bidding him look upon the prisoner. Serjeant Glynne asked him, what he could say concerning the words spoken by John James? Who said, at the time of the Indictment alledged, (which was on Saturday,) he was at a house near adjoining unto the place where they usually did meet; and that about two of the clock in the afternoon, he stood at a window in a yard, next adjoining to the meeting-place, and saw John James, the person at the bar, preaching, (as they call it, said he) and repeated the words that were opened by Serjeant Keeling exactly; only further, That he did wonderfully adore Oliver Cromwell, saying; That every finger of his was a cham

This was an Act for safety and preservation of his majesty's Person and Government, against treasonable and seditious practices, and attempts: by this statute it was made capital treason, during the king's life to devise his death, or imprisonment, or bodily harm, or to deprive and depose him from the kingly name, &c. It enacted likewise, that whoever affirmed the king to be an Heretic, or a Papist, or should by writing, printing, preaching, or other speaking, stir up the people to hatred or dislike of his majesty, or the established government, should be rendered incapable of holding any employment in Church or State. It also declared the Long Parliament to be dissolved, the Solemn League and Covenant to be illegal; and that there was no legislative power in either, or both houses of parliament, without the king; and whoever asserted the contrary, were made liable to the penalty of a Premunire. See 4 Cobbett's Parl. Hist. 217.

to swear that he was the person that was then preaching, he being without the window, which night intercept his sight. To which he answered, That he knew him very well; and that he was not deceived.

Another witness was Alderman Chard, the Justice; who said, He could say nothing as to the words that were spoken; but so soon as John Tipler came to him, and informed him of the words spoken by John James, he enquired the place where it was, and immediately he and his clerk and the constable hasted thither, where they found John James preaching, and about 30 or 40 assembled there to hear him. And said, He there seized John James, and pulled him out of the pulpit where he was preaching; and all those men that would not take the oath of Allegiance, he committed, but the women he let go. So the courtasked him, if it were at the time alledged in the Indictment? And he said, yea.

Another witness was a Yorkshire man, whose name we know not; who coming into the Court was commanded to look upon the prisoner at the bar, and declared what he heard him say. Who answered, he was at Tipler's house, and heard very loud speaking, which caused him to come out, and hearken, and he heard very dangerous words. The Judge asked him, what those dangerous words were? He said, he could remember no more than this, that one said; That the Lord had a great work to do for his people; and that they were the people that must do it. The Judge asked him if he heard nothing concerning the king's cup of iniquity? To which he answered, No. And they bid him look upon the prisoner at the bar, and asked if that was the man? swered, He could not say that he was the man. Whereupon John James desired the Judge to

He an

fight the Lord's battles thoroughly. And whereas he was charged for contending for Cromwell, and that power, (that God hath eminently wiped off from the stage) he said he did declare against that power, and was averse to it, and did suffer under it in his measure; and told them he did not stand there as Cromwell's advocate. Then did he endeavour to speak more particularly to the jury, letting them know, that in a secondary way his life was in their hands; and it was in the eve of reason, in their power to save or destroy him, and wished them to have a care of shedding innocent blood; and told them, because of innocent blood the land did mourn; to wit, for the blood shed in queen Mary's days, and king Henry the Eighth's; and if there were any innocent blood shed since, he desired no more to be added to it. He told them he did desire they would act conscientiously, and not to be over-awed by any man. He told them they were his judges in law of matter of fact, and desired them to be tender of bis blood. He said, he should say very little more for himself, but one word for the Lord, and therefore desired he might have his fear before him, and although he was the poorest and meanest for such a work, yet he was called forth, and did declare, "That the Lord Jesus Christ was king of nations as well as king of saints; and that the government of kingdoms did of right belong to him." And he quoted Rev. xi. 15. "And the seventh angel sounded, and there were great voices in heaven, saying, The kingdoms of this world are become the kingdoms of our Lord, and of his Christ, and he shall reign for ever and ever."

And one of the king's counsel made answer, That it reached him in every case.

And another of the counsel said, Treason was the first conception and the first evil thought in the heart; and treason was made visible by preaching, printing, or speaking, &c. which was a manifestation of the things that were in the heart.

This being spoken, the Judge asked him if he had any more to say for himself; and told him, if he did not speak now, the king's counsel would enter upon their plea, and then he must speak no more for himself.

He told them he had one word to the Jury, which he desired to lay before them: It was a scripture written in the 29th of Isaiah, ver. 21. "That make a man an offender for a word, and lay a snare for him that reproveth in the gate."

Whereupon the Judge told him it was not to be borne: for he did inveigh against the parliament.

Though he said, He had not the least thought of the parliament: but he spake it to let the Jury know, that if he were guilty of those words, there was no law of God to take away | a man's lite for words.

Hereupon the king's counsel spake severally one after another.—First serjeant Glynne stood up, and said, Brother Maynard, shall we not answer something to what the prisoner hath objected? So Glynne began.

The Substance of Serjeant Glynne's Speech.

He told the jury, That if they proved the words alledged in the indictment substantially, though it were not adequate thereunto in every tittle and iota, yet it was sufficient to satisfy their consciences, and to find the prisoner guilty of high-treason.

And when he had so spoke, the Lord Chief Justice Forster interrupted him, saying, "Hold, Sirrah; Sirrah, you think you are in the conventicle in White Chapel preaching." And thereupon commanded the clerk to read an act of First, He began with the exception taken parliament, entitled, "An Act for the pre- unto the first witness, that he stood without the servation of the king's person and government;" window, and therefore could not easily discern wherein was expressed to this purpose," That the visage and physiognomy of the prisoner whosoever shall contrive or endeavour to levy that was there a preaching. He told them he war against the king or government, &c. or had sworn expressly it was the same person; endeavour to compass or contrive the death of and that as he came into the yard he was there the king, his wound or maim; or that by print-a preaching, and as he went away to the justice ing, preaching, writing, or other speaking, endeavour the same; then every such person or persons shall be looked upon as traitors to the king, and shall be proceeded against as in the case of High-Treason, &c." Which when the clerk had read,

of peace he saw him: and the justice did seize the same person, and find him preaching when be came; and therefore it must be him, and no other. And told them, that the witness could have no end in discovering of it; for if he had kept silence, he had consented, and so been

John Jumes desired liberty to speak, desir-guilty of misprision of treason. ing the court to produce a statute that would reach his case, for that did not, but the case of such as had endeavoured to levy war against the king, or had compassed or contrived his death or maim: but he had not contrived or compassed the death of the king, or the change of the government within or without his dominions; and therefore desired a statute might be produced that might reach his case, for he conceived that was short.

The Judge told him it fully reached his

case.

VOL. VI.

Then said he, As to the exception taken against the fourth witness, That he said he swore he knew not what, and could not tell what he had sworn to. He said, This was no cause to reject this evidence; for peradventure he could not well call to mind the several words that were spoken; or peradventure he would not tell them, because he might suppose that they were sent to ensnare him in his evidence, that they might make it void.

Then as to the witnesses that were brought on the part of the prisoner, to testify that na G

such words were spoken; As to that he must refer it unto the consciences of the Jury. But he said, he conceived that it was altogether immaterial; for the question is not, what he did not say, but what he did say. They say that he did not say these words, but they do not say what he did.

Then stept up serjeant Maynard, and said, That as to the evidence of those three persons, his brother Glynne had spoken so much, and so well, that he could add no more, or very little: and urged the same things that serjeant Glynne did. And further said, that the prisoner spoke much of his integrity and innocency; I believe, saith he, gentlemen of the jury, never was there any offender, or the vilest miscreant in the world, that would ever have received the reward of his doings, if his own excuse and protestation might have saved him. Then he said, as for the blood of the saints that was spilt this time twelvemonth, he said they were sad saints, such saints, said he, as would have cut all our throats.

Then John James desired to be heard one word, that that gentleman had untruly alledged against him; but the court refused to allow him the liberty.

Then stood up sir Heneage Finch, SolicitorGeneral.

pursued, it may be a means of preventing the shedding of the blood of thousands, for the time to come. And withal did desire them to consider further, That the great trouble this nation had undergone for these twenty years last past, sprung from pulpits, conventicles, and seditious preaching; and therefore if these causes were taken away, it might prevent such evil effects for the future. And said, That as to the eridence he had produced, it had been well spoke to by the two Serjeants that spoke last: and as to that evidence by the women, he said they had no reason to tell what was said by John James, for thereby they would make themselves guilty of misprision of treason; which is to be punished with perpetual imprisonment, confiscation of goods, and the loss of the profits of lands during life.

That is well observed, said my lord to the Solicitor.

Then Judge Forster endeavoured further to inform the Jury, and to incense them against his principle, telling them, that he was of the same spirit with those that did endeavour heretofore to put all the nation in a flame, and to set every one against each other; and said, No treason was comparable to that treason that was covered with a pretence of religion.

This being done, and the Jury ready to go forth, John James desired the Court to favour him with one word to the Jury. They told him he had had a great deal of liberty, and time to speak; but now he should speak no more. Then John James replied, That if they would not suffer him to speak to his Jury, they had as good have hanged him at Bull-stake Alley gate, before he came there, and not brought him thither to cover over the matter with the pretence of law. This being spoken, the Judge gave him a sore rebuke, and told him he was not to be judge in the case.

Then my lord and the Judges laid their heads and conferred together, whereupon my lord said thus to the Jury, or to this effect: You have heard the evidence, you are to find the matter of fact as it is laid before you, whereof you are the proper judges, and I pray God di rect you.

The Substance of Sir Heneage Finch's Speech. My Lord, and you Gentlemen of the Jury, be it known unto you, and to all that hear me this day, that the prisoner at the bar is not arraigned for his conscience or religion, but for treason and rebellion, for horrid treason and rebellion, for spurning against the meekest king in the earth. His majesty, to the great and inexpressible grief of his heart, did not think there was a person so unworthy left within his dominions, that would have lifted up the heel against him, after twenty years rejecting of his majesty and his royal father; and having also conferred his grace upon us, to reduce us to a state of innocency, he could not think there was any gall left in our hearts, or any guile to be found in our mouths.-He then pressed his Treason upon the consciences of the Jury, who, as he told them, would affright their consciences with his innocency. And told them, how that the punishment of this offender might affright the like malefactors for the future: and said, that there were a people, that under the pretence of religion had the liberty of conscience allowed by the king for a time, till they were better informed; but this man, and those of his mind, are none of those men: but they endea-ed the prisoner to hold up his hand, and asked vour not only to destroy the monarch, bat monarchy itself; not only in England, but all the world over. This is the principle that they are of, therefore I desire the Jury to take notice, what may be their duty upon that account. And that when the prisoner was preaching that pernicious sermon, he pressed it with the peril of their salvation, and now would affright you upon the account of innocent blood: but you shall tind, if his blood be rightly and swiftly

Then the King's Counsel and the Jury departed from the bar; and at the return of the Jury, being about a quarter of an hour, the Attorney and Solicitor General came back into the Court with them. Whereupon the Crier called them all by name, and the Clerk asked them if they were all agreed, and they answered, Yes. Then the Clerk of the Crown command

the Jury, How say you, is John James, who hath been arraigned and tried, Guilty of the Treason alledged in the Indictment, or Not Guilty? And the Foreman, which was Charles Pitfield, said, Guilty according to the Indict

ment.

Then the Attorney General prayed Judgment for the king. To that the Court answered, Never the same day he is arraigned, but appoint what day the prisoner shall be brought,