The tryal and conviction of Sr. Sam. Barnardiston, Bart. for high misdemeanor at the session of nisi prius holden at Guild-Hall, London, for His Majesties Court of Kings Bench before the Right Honorable Sir George Jeffreys ... lord chief justice of England on Thursday, Feb. 14, 1683. Barnardiston, Samuel, Sir, 1620-1707. 1684 Approx. 73 KB of XML-encoded text transcribed from 18 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2007-01 (EEBO-TCP Phase 1). A63161 Wing T2164 ESTC R30169 11254815 ocm 11254815 47162 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A63161) Transcribed from: (Early English Books Online ; image set 47162) Images scanned from microfilm: (Early English books, 1641-1700 ; 1451:11) The tryal and conviction of Sr. Sam. Barnardiston, Bart. for high misdemeanor at the session of nisi prius holden at Guild-Hall, London, for His Majesties Court of Kings Bench before the Right Honorable Sir George Jeffreys ... lord chief justice of England on Thursday, Feb. 14, 1683. Barnardiston, Samuel, Sir, 1620-1707. England and Wales. Court of King's Bench. 34 [i.e. 30] p. Printed for Benjamin Tooke ..., London : 1684. Trial for sedition connected with Rye House Plot. Reproduction of original in the University of Illinois (Urbana-Champaign Campus). Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. 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Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Rye House Plot, 1683. Trials (Treason) -- England. 2006-01 TCP Assigned for keying and markup 2006-03 SPi Global Keyed and coded from ProQuest page images 2006-04 Emma (Leeson) Huber Sampled and proofread 2006-04 Emma (Leeson) Huber Text and markup reviewed and edited 2006-09 pfs Batch review (QC) and XML conversion THE TRYAL AND CONVICTION OF S r. Sam , Bernardiston , Bar t. FOR HIGH-MISDEMEANOR AT The Session of NISI PRIVS , Holden at GUILD-HALL , LONDON , For his Majesties Court of KINGS BENCH , Before the Right Honorable Sir George Jeffreys , KNIGHT and BARONET , Lord Chief Justice of ENGLAND , On Thursday , Feb. 14. 1683. LONDON : Printed for Benjamin Tooke , at the Ship in S. Pauls Church-Yard , 1684. I Do Appoint Benjamin Tooke to Print the TRYAL of Sir Samuel Bernardiston , Baronet ; and order that no other Person presume to Print the same . Geo. Jeffreys . THE TRYAL AND CONVICTION OF Sir SAM . BERNARDISTON , BARONET . FOR HIGH-MISDEMEANOR , AT The Session of NISI PRIVS , Holden at GUILD-HALL , LONDON . THere being in Hillary Term last an information in the Court of Kings-Bench preferred by his Majesties Attorny General against Sir Samuel Bernardiston , for a very great Misdemeanor ; upon Oath made that he was so extreamly indisposed , that he could not appear in Person without danger of his life : the Court were pleased to respite his Recognizance , ( which he by order of the Lords of his Majesties most Honourable Privy Council , entered into the last Vacation to appear in this Court the First day of this Term , ) and to allow him the liberty of Pleading to the Information by Attorney , which he did . And Thursday the 14th . of February , 1683. being the Session of Nisi Prius after the Term holden for the City of London and County of the same , was appointed for the Tryal of this Cause , and accordingly then the same came on , and was tryed before the Right Honourable Sir George Jeffreys , Knight and Baronet , Lord Chief Justice of his Majesties Court of Kings-Bench , in this manner . Clerk. Call away Cryer . Cryer . You good men of Nisi prius , summoned to appear here this day between our Sovereign Lord the King , and Sir Samuel Bernardiston , Baronet , answer to your Names and save your Issues . Cl. Thomas Vernon and his Fellows . Vous avez plein Inquest . Call the Defendant Sir Samuel Bernardiston . Cryer . Sir Samuel Bernardiston , come forth or this Inquest shall be taken by your default . Mr. Williams . He appears . Cl. Gardez vostres Challenges . Swear Thomas Vernon . Cr. You shall well and truely try this Issue between our Sovereign Lord the King , and Sir Samuel Bernardiston according to your Evidence . So help you God. Cl. Percival Gilburn , who was Sworn , and so the rest . The Names of the Twelve were these . Thomas Vernon , Jur. Percival Gilburn , Jur. Edward Bovery , Jur. William Withers , Sen. Jur. James Wood , Jur. Robert Masters , Jur. Samuel Newton , Jur. George Torriano , Jur. Kenelm Smith , Jur. Thomas Goddard , Jur. Thomas Amy and Jur. Richard Blackburn . Jur. Then they were counted , and Proclamation made for Information in usual manner . Mr. Poultney . May it please your Lordship , and you Gentlemen of the Jury ; this Cause is between the King and Sir Samuel Bernardiston , and it is upon an Information exhibited by Mr. Attorney General , wherein he sets forth , That there having been lately a Horrid Plot discovered ( as appears by the Convictions of those that have suffered justly for it , and by the Evidence that has been given of it , has been made so apparent , that I do not question , but that no man but who either has a hand in it , or else bears a good will to it , doth at all scruple the belief of it ) Sir Samuel Bernardiston the Defendant intending to scandalize and vilifie the Evidence , wrote a Letter wherein are contained these Sentences . The return of the Duke of Monmouth to White-Hall , and his being received into extraordinary Favour of his Majesty , hath made a strange alteration of affairs at Court ; for those that before spake of him very indecently , now court , cringe and creep to him . His Grace complained to the King of the scandalous misrepresentation that was made of him in the Mondays Gazette , upon which the Gazetter was called to accompt for it , who alledged for himself , that a Person of great Quality sent him in writing the words therein recited , commanding him to put them in the Gazette . Yesterday being the last day of the Term , all the Prisoners that were in the Tower upon the late Sham Protestant-Plot , were discharged upon Bayl. Mr. Bradon who prosecuted the Murther of the Earl of Essex , the Information put in against him in the Kings-Bench by Mr. Attorney for a pretended Subornation &c. was not prosecuted , and his Bail was discharged . And the passing Sentence upon the Author of Julian the Apostate , and the Printer of the late Lord Russels Speech was passed over with silence . Great applications are made to his Majesty for the pardoning Mr. Sidney in the Tower , which is believed will be attained , and that he will be banished . The Lord Howard appears despicable in the eyes of all men ; he is under guard at White-Hall , and 't is believed will be sent to the Tower , for that the Duke of Monmouth will accuse him concerning the Testimony he hath given , and the Papists and High Tories are quite down in the mouth , their Pride is abated , themselves and their Plot confounded , but their Malice is not aswaged . T is generally said the Earl of Essex was murthered . The brave Lord Russel is afresh lamented . The Plot is lost here , except you in the Country can find it out amongst the Adressers and Abhorrers . This sudden turn is an amazement to all men , and must produce some strange events , which a little time will shew . And then he goes on further , and saies in another Letter these words . I am to answer yours of the 27 and 29 th . past , and truly I cannot but with great sorrow lament the loss of our good Friend honest Mr. John Wright , but with patience we must submit to the Almighty , who can as well raise up Instruments to do his work , as change hearts , of which we have so great an instance in the business of the Duke of Monmouth , that no Age or History can parallel . I am now throughly satisfied , that what was printed in the Mondays Gazette is utterly false , and you will see it publickly declared so shortly . The King is never pleased but when he is with him , hath commanded all the Privy Council to wait upon him , and happy is he that hath most of his favour . His Pardon was sealed and delivered to him last Wednesday . 'T is said he will be restored to be Master of the Horse , and be called into the Council Table , and to all his other places , and 't is reported he will be made Captain General of all the Forces , and Lord High Admiral , &c. he treats all his old Friends that daily visit him with great Civilities , they are all satisfied with his integrity , and if God spares his life , doubt not but he will be an Instrument of much good to the King ' and Kingdom . He said publickly , That he knew my Lord Russel was as Loyal a Subject as any in England , and that His Majesty believed the same now . I intend shortly to wait on him my self . It would make you laugh to see how strangely our High-Tories and Clergy are mortified , their Countenances speak it . Were my Shesorary to be moved for now it would be readily granted . Sr. George is grown very humble : 'T is said Mr. Sidney is reprieved for 40 dayes , which bodes well . And then , Gentlemen , he goes on further , and in a third Letter sayes , The late change here in publick affairs is so great and strange , that we are like men in a dream , can hardly believe what we see , and fear we are not fit for so great a mercy as the present juncture seems to promise . The Sham Protestant-Plot is quite lost and confounded . The Earl of Mackensfield is bringing Actions of Scandalis Magnatum against all the Grand Jury-men that indicted him at last Assizes . L. Ch. J. That is the only true thing in the whole . Mr. Poultney reads — And the several Gentlemen that were indicted in Cheshire and Northamptonshire will bring their several Actions at Law against them . And , Gentlemen , then in a fourth Letter are contained these Expressions . Contrary to all mens expectations , a Warrant is signed at last for beheading Col. Sidney at Tower-Hill next Friday . Great endeavours have been used to obtain his Pardon , but the contrary Party have carried it , which much dasheth our hopes , but God still governs . Gentlemen , all this the Information saies , he has done against the peace of the King , his Crown and Dignity . To this he has pleaded Not Guilty . We will call our Witnesses , and if we prove it , we question not but you will find him Guilty . Mr. Recorder . May it please your Lordship and you Gentlemen of the Jury ; I am of Counsel for the King in this cause . Upon the opening of these Letters to you , you cannot but wonder much more than he does that wrote them . His matter of wonder was one way , and I suppose your matter of wonder is another way , that a man , such an one as he is , should have that confidence to write such Letters as these are . Gentlemen , I do not doubt but you observe in the Series of these Letters how he hath travelled through all the transactions of this horrid Conspiracy , that was of late contrived against the life of the King , and the life of his Royal Highness , and for the destruction of the Government ; and how he does endeavour to turn it all into ridicule , and to magnifie the men , that have come to publick Justice for being concerned in that horrid Conspiracy , as being very brave men . The brave Lord Russel he is lamented as a brave man lost ; The Earl of Essex , he forsooth was murthered , and Mr. Bradden who prosecuted that murther , he is a brave man , whom I suppose some of you have heard of , and what is become of him , how he is convicted of one of the most notorious Facts that ever was acted by man in any Civil Government , which was that Bradden should go up and down to get witnesses to make it appear to the World , as though somebody had murthered that Earl. Thus you see he goes through the Conspiracy from one thing to another , and calls it a Sham Protestant-Plot , and all to ridicule the discovery , which by these very Letters you may easily be satisfied of the reality and extent of . You see how he magnifies his Julian , but he likewise is come to condign punishment for that most pernitious and scandalous Libel . In the next place he comes to the Duke of Monmouth , and tells you what a brave man they have in him , to be their Captain General , and he did not doubt but to see him come to it ; and sets forth that he has denied all the Plot , and how he doth persist in that denial . And this Gentleman has raised his confidence in these Letters to that degree , that I think , any man that has lived any time in this Nation , cannot but wonder , that ever there should be such an impudent action committed in it . Gentlemen , we shall call our Witnesses and prove it positively upon him , that these Letters he did write , and then I suppose he will give an account how he came to write them . Mr. Herbert . May it please your Lordship , and you Gentlemen of the Jury . I have but one word which I desire to observe ; for the opening of the Case , and a right understanding of the matter will have a great influence upon the proofs . And I shall not insist upon any thing that has been opened at large out of the Letters , but one thing I would observe to you , and that is out of the last Letter . Great endeavours have been used to obtain his pardon , but the contrary Party have carried it , which much dasheth our hopes . So it seems by this that the Faction , the Party , have their hopes still , and it seems likewise the Writer of these Letters , hath a very great share in them . We have Gentlemen , nothing to do here before you , but to prove that Sir Samuel Bernardiston was the Author , Writer and Publisher of the Letters , which contain that which is charged in the Information , and that we question not but to prove clearly without contradiction . Call Mr. Blathwait . who was sworn . Mr. Herbert . Pray give in the Letters . which was done Mr. Recorder . Pray Sir , look upon those Letters , and give the Court and the Jury an account where you had them . Mr. Blathwait . Gentlemen of the Jury , these three Letters Sir Samuel Bernardiston upon the 10 th . of December , before the King and the Lords of the Council did own to be of his hand-writing . I marked them at that instant of time , and I am well assured they are the Letters he owned to be of his hand-writing . Mr. Williams . Did he own them to be of his hand-writing ? Mr. Blathwaite . Yes . L. Ch. J. Did he own them all three ? Mr. Blathwaite . Yes , my Lord , he did . Mr. Williams . Pray Sir , who are they directed to ? L. Ch. J. Mr. Williams , He is informed against for writing not for superscribing . Mr. Williams . My Lord , I ask that question for this reason , He is indicted for writing and publishing , therefore I would know who they are directed to . Did he say they were published by him , or sent to any one ? Mr. Blathwaite . He did not deny but that he had published and sent them . Mr. Williams . Did he confess it ? Mr. Blathwaite . He did not deny it . L. Ch. J. I suppose they on the other side will give an accompt where they were taken . Mr. Herbert . Yes my Lord. Swear Mr. Atterbury . which was done Mr. Recorder . Heark you , Mr. Atterbury , do you know any thing of these Letters ? Mr. Atterbury . If you please to let me see them , Sir. Mr. Recorder . Shew him them which was done , and he looked upon them , and gave them in again . Mr. Herbert . Did you hear Sir Samuel Barnardiston own them to be his Letters ? Mr. Atterbury . My Lord , and you Gentlemen of the Jury , I had a Warrant from Mr. Secretary Jenkyns , about two months , or ten weeks ago , to apprehend Sir Samuel Barnardiston , and I did , according to Order , by Vertue of that Warrant , apprehend him , and carry him before His Majesty . When he was there , those three Letters I had just now in my hand , were then shewn to Sir Samuel Bernardiston . I marked them , and know them to be the same ; Sir Samuel Bernardiston did own he wrote them Letters all three . L. Ch. Just . Were the Superscriptions upon them all , as they are now ? Mr. Atterb . Yes , they were all as they are now . L. Ch. Just . What say you , Mr. Blathwaite ? Mr. Blathwaite . Yes , they were just so , the same Superscriptions . Mr. Atterb . His Majesty asked him , Who subscribed them ? — L. Ch. Just . Superscribed them , thou meanest , they are not subscribed . Mr. Atterb . Yes , my Lord , superscribed them ; and he looked on them once again , and said , They were superscribed by one of his Servants , and so ordered to be carried to the Post-House . Mr. Recorder . Where is Nehemiah Osland ? Jury-man . My Lord , We would ask the Witness , Whether he did own , that he sent them to the Post-House ? L. Ch. Just . He says he ordered his Man to superscribe them , and so to carry them to the Post-House . Mr. Williams . Look you , Mr. Atterbury , Did he say he directed any of his Servants to carry them to the Post-House , upon your Oath ? Mr. Atterb . I am upon my Oath , Sir ; I say , that he did say , that they were superscribed by some of his Servants , he could not say which of his Servants it was , and then they were sent to the Post-House . Mr. Williams . Pray , Sir , mind , and answer my Question , Did he say he directed any of his Servants to carry them to the Post-House ? L. C. Just . Did he take any Notice to you , or did you understand by him , that they were sent to the Post-House by his consent ? Mr. Atterbury . Yes , my Lord , I did understand him so . L. C. Just . Did he write these Letters to keep them in his Pocket , do you think , Mr. Williams ? Mr. Williams . I do not know what he design'd them for , my Lord ; nor do I yet know , till they are read , what is in them : But I ask him this Question , Did he say he sent them to the Post-House ? Mr. Atterb . With your leave , I remember one thing more , my Lord ; while he was in my House , ( for there he was in Custody two days or more ) talking about these Letters , says he , I wonder how they were taken , they were sent to Sir Skippon , or some such Name he named . Mr. Recorder . Swear Nehemiah Osland . which was done . Mr. Herbert . Look upon those Letters , Sir , shew him them . which was done . L. Ch. Just . Is this man's Name Osland ? Mr. Recorder . Yes , Nehemiah Osland . Do you know any thing of those Superscriptions ? Osland . Two of those Superscriptions I writ by his Order as his Servant . Mr. Recorder . Which are those two ? Then he gave them into the Court. L. C. Just . Can you tell whose Hand is the other part ? Osland . I did not see it writ , but the Hand is somewhat like Sir Samuel Bernardiston's Hand . L. Ch. Just . You believe it to be his Hand . Osland . Yes , I do . Mr. Williams . Did you ever see the Inside of those Letters that you say you superscribed ? Osland . No , I never saw the Inside . L. Ch. Just . What Directions had you about them , after you had superscribed them ? Osland . I had no direction but to leave them where I used to leave his Letters , and that was in a Window that Sir Samuel Barnardiston always left his Letters in , and from thence one of the Boys used to carry them to the Post-house . Mr. Williams . Sir , Did Sir Samuel order you to superscribe those three Letters , and send them to the Post-house ? L. Ch. Just . He said he superscribed them by his Command , and left them in the place that Letters used to be laid that were to go to the Post-house . Mr. Recorder . Pray Sir look upon those Letters again . L. Ch. Just . Whose hand is the Superscription ? Is that Sir Samuel's too ? Osland . I believe it Sir Samuel's hand . L. Ch. Just . Shew that other Letter to Mr. Blathwaite : ●hat say you to it Sir ? Mr. Blathwaite . Gentlemen of the Jury : This is another Letter that was seized and brought before the King and the Lords of the Council , and this Letter was afterwards owned by Osland , to be writ by him by Sir Samuel Barnardiston's order . L. Ch. Just . Did Sir Samuel own this Letter to be his Hand-writing too ? Mr. Blathwaite . No , he did not , but Osland did own it . Mr. Recorder . My Lord , We prove it otherwise to be Sir Samuel's Letter , because it is not his hand but his Mans. You Osland , Do you know who writ that Letter ? Osland . I writ it . Mr. Recorder . By whose order ? Osland . I transcribed it out of a Copy given me by Sir Samuel Barnardiston , as I was his Servant . L. Ch. Just . And did you write the Superscription too ? Osland . Yes , I writ the Superscription . L. Ch. Just . In order to what ? To go down into the Country too ? Osland . In order to go where it was directed , my Lord. L. Ch. Just . Where was that ? Osland . Into Suffolk to Sir Philip Skippon . L. Ch. Just . This Letter was written at London , was it not ? Osland . In Bishopsgate-street at Sir Samuel's House . Mr. Williams . What is your name Sir ? Osland . My name is Osland . Mr. Williams . Your Christian name ? Osland . Nehemiah . Mr. Williams . Then , Nehemiah Osland , I ask you this Question upon your Oath , when these Letters were superscribed by you , did you lay them in that Window you speak of , or did you give them back again to Sir Samuel ? Osland . Sir , I am not so certain as to swear to these particular Letters ; but his usual Custom was , He would write a Letter , and then give it me to Copy : his Closet door was near another Window , and there he would leave it . If it were but one Letter , he would use to say , direct such a Letter to such a person , or such a place , and when it was so directed , I was used to put my Letters there , and thence one of the Boys came and fetched them to carry them to the Post-house . But sometimes he would send me down directly with it away to the Post-house , if he had not any other business for me to do . Mr. Williams . But Sir , mind the question . I ask you again : Did you deliver these Letters , or any of them back again to Sir Samuel Barnardiston , or no ? Osland . I cannot tell for these particular Letters . I tell you what the usual Custom was in the House . Mr. Williams . Pray when you had superscribed them , or Sir Samuel , what became of them Letters ? Osland . They went to the Post-house , as I believe . Mr. Williams . How long have you served Sir Samuel Barnardiston ? Osland . Five months . Mr. Williams . Did you serve any Body before ? Osland . No. Mr. Recorder . Why , Do you think he doth not serve him well now , Mr. Williams ? Mr. Williams . I know very well what I think of it Mr. Recorder . L. Ch. Just . Well , come read them . Clerk reads — This is directed to Sir Philip Skippon Knight , at Ipswich , and dated Novemb. 29. 83. Reads Sir , The Return of — Mr. Williams . That is not Sir Samuels hand , I think . L. Ch. Just . No , but writ by his Order . Osland . I transcribed it by his special Order : For he came to me and gave me a Letter , says he , Go and make a Copy of this Letter . Mr. Recorder . And you did transcribe it exactly as it was in the Paper he gave you ? Osland . I examined it after I had writ it my self , and read it over again . L. Ch. Just . What did you write it out of ? Osland . A Copy he gave me . L. Ch. Just . Was that Copy his Hand-writing ? Osland . I did not see him write it , but I believe it to be his writing . L. Ch. Just . Come read it . Clerk reads — Sir , The return of the Duke of Monmouth to White-Hall , and his being received into extraordinary favour of His Majesty , hath made a strange alteration of Affairs at Court : For those that before spake of him very indecently , now court , cringe , and creep to him . His Grace complained to the King of the scandalous misrepresentation that was made of him in the Mondays Gazette , upon which the Gazetter was called to accompt for it , who alleadged for himself , That a Person of great Quality sent him in writing the Words therein recited , commanding him to put them in the Gazette . Yesterday being the last day of the Term , all the Prisoners that were in the Tower upon the late sham Protestant Plot , were discharged upon Bail. Mr. Bradden , who prosecuted the murder of the Earl of Essex , the Information put in against him in the Kings Bench by Mr. Attorney ( for a pretended subornation ) &c. was not prosecuted , and his Bail was discharged . And the passing Sentence upon the Author of Julian the Apostate , and the Printer of the late Lord Russel's Speech , was passed over with silence . Great applications are made to his Majesty for the pardoning Mr. Sidney in the Tower , which is believed will be attained , and that he will be banished . The Lord Howard appears despicable in the Eyes of all men , he is under a Guard at White-Hall , and believed he will be sent to the Tower , for that the D. of M. will accuse him concerning the Testimony he hath given , &c. The Papists and high Tories are quite down in the mouth , their Pride is abated , themselves and their Plot confounded , but their malice is not asswaged . 'T is generally said , the Earl of Essex was murdered , the brave Lord Russel is afresh lamented . The Plot is lost here , except you in the Country can find it out amongst the Addressors and Abborrers . This sudden turn is an amazement to all men , and must produce some strange Events , which a little time will shew . Mr. Recorder . Now , go on to the next . The second Letter . Clerk. Reads — This is directed , To Sir Philip Skippon Knight , at Ipswich , Suffolk . L. Ch. Just . That is one of his own writing . Mr. Recorder . Yes , my Lord. Clerk. It is dated London the primo December , 1683. Dear Sir , I am to answer Yours of the 27th and 29th past , and truly I cannot but with great sorrow lament the loss of our good Friend honest Mr. John Wright , but with patience we must submit to the Almighty , who can as well raise up Instruments to do his Work , as change Hearts , of which we have so great an Instance in the business of the Duke of Monmouth , that no Age or History can parallel . I am now throughly satisfied , that what was Printed in the Mondays Gazette is utterly false , and you will see it publickly so declared shortly . The King is never pleased but when he is with him , hath commanded all the Privy Council to wait upon him , and happy is he that hath most of his favor . His Pardon was sealed and delivered to him last Wednesday . 'T is said , he will be restored to be Master of the Horse , and be called into the Council Table , and to all his other Places· And 't is reported , he will be made Captain General of all the Forces , and Lord High Admiral , &c. He treats all his old Friends that daily visit him , with great Civilities ; they are all satisfied with his Integrity , and if God spares his Life , doubt not but he will be an Instrument of much good to the King and Kingdom . He said publickly , that he knew my Lord Russel was as Loyal a Subject as any in England , and that His Majesty believed the same now . I intend shortly to wait on him my self . It would make make you laugh to see how strangely our high Tories and Clergy are mortified their Countenance speaks it . Were my Shesorary to be moved , for now it would be readily granted . Sir George is grown very humble . 'T is said Mr. Sidney is reprieved for 40 days , which bodes well . Mr. Kedder sat with me sometime this Evening . L. Ch. Just . There is no more in the Record . Mr. Recorder . No my Lord. Then go on to the third . Clerk. This is directed , For Mr. Edward Gael , Linnen Draper at Ipswich . Mr. Williams . Is it likely he should write these Letters to a Draper ? L. Ch. J. It is , it seems , the ordinary riff-raff he writes . He thinks it not below him to keep a Correspondence with all the scoundrels of his Party in the Country . Mr. Recorder . Ay , all sorts of Trades he is acquainted with . Clerk. It is dated the primo December , 1683. Reads — Mr. Gael This Evening Mr. Kedder came and sat with me — L. Ch. J. Will you have it all read ? Mr. Williams . No , my Lord , we do not desire it . L. Ch. J. Then read what is in the Record . Mr. Recorder . Look where that Passage begins , The late Change. — Clerk. Where is it Sir ? It is not marked . L. Ch. J. If you cannot find it out , then read the whole . Clerk. Reads — Mr. Gael , This Evening Mr. Kedder came and sat with me , when acquainted him what you and others writ me in reference to himself , as also of the Death of Mr. Wright , which he was sorry for . He protested , if could perswade his Wife , he would accept of Ipswich choice , notwithstanding all the Discouragement he had met with . One more he acquainted me with , that had seen a Letter from Mr. Cutliffe to Dr. Clegat , extreamly discouraging him from coming to Ipswich , where if he did come , said , would find himself mistaken , for that would never enjoy quietness or peace , notwithstanding his Balsamick temper , &c. as he call'd it . These things frights Mr. Kedder , who I am now perswading so soon as is up again , to go down for a month or two , and then if doth not like the place and people , may return hither again . This I resolve to press hard on Monday , when have promised to Dine with me , as also Mr. Hodges . Be confident , I shall think nothing too much to effect this Business , though one or other still pulls down as fast as I build up — Here is now a Door of Incouragement opened for sober men to come into publick Employment . You will undo the Town of Ipswich if you bring not sober men into play : For Gods sake consider of it . Perswade Mr. Snelling , or some sober men , to come in their two Ports-mens places void for other matters , refer you to Sir P. the late Change here in Publick Affairs , is so great and strange . L. Ch. J. There begins the Passage in the Record . Clerk reads — The late Change here in Publick Affairs is so great and strange , that we are like men in a Dream , can hardly believe what we see , and fear we are not fit for so great a mercy as the present Juncture seems to promise . The Earl of Mackensfeild is bringing Actions of Scandalis Magnatum against all the Grand Jury-men that Indicted him at last Assizes . And the several Gentlemen that were Indicted in Cheshire and Northamptonshire , will bring their several Actions at Law against them . Acquaint Mr. Snilling — L. Ch. J. There is all that is in the Record . Mr. Recorder . There are but two Lines more . Clerk reads — Acquaint Mr. Snilling we received the two Barrels of Oysters , and two Couple of Ducks , and desire him to take mony of Buckle for them . I rest , Yours . Mr. Recorder . Now go on to the next . Clerk. This is the fourth Letter : It is directed to Mr. William Cavell , at Brightwell near Ipswich in Suffolk , and dated London the 4th of December , 1683. Shall I read it all ? L. Ch. J. No , no : If you can find that part that is in the Record , Contrary to most mens expectations , there it begins . Clerk. Reads — Contrary to most mens expectations a Warrant is Signed at last for Beheading Colonel Sidney at Tower-hill next Friday . Great endeavors have been used to obtain his Pardon , but the contrary Party have carryed it , which much dasheth our hopes , but God still governs . Acquaint Buckle . — L. Ch. J. There is all . Clerk. Here is but a line more reads Acquaint Buckle , here is no news of Crafton Hoy , notwithstanding the wind is fair , 't is his practice always to loyter by the way . I rest , Your loving Friend . Mr. Williams . Pray let me see that Letter . Mr. Recorder . We have done , my Lord , we leave it here . L. Ch. J. Well , what say you to it that are for the Defendant ? Mr. Williams . May it please your Lordship , and you Gentlemen of the Jury , I am of Counsel here for the Defendant Sir Samuel Barnardiston , and the question now before you is , Whether this Gentleman be knowingly guilty of the writing and publishing these four Letters that have been read here to you , and which of them he is guilty of writing , and which not ? I do not see see that his name is put to any of them , nay , the Letters are not subscribed by any body , and that , Gentlemen ; you may see by looking upon the Letters . For the Evidence that hath been given , I beseech your Lordship to observe what it is . As to his publishing of them I see no Evidence at all to prove him any way concerned in that : some of them indeed are his own hand writing , and proved to be his Letters , by his own confession before the King and Council ; that Mr. Blathwaite and Mr. Atterbury the Messenger swear directly , That Sir Samuel Barnardiston did own the Letters , but for the fourth they say he did disown that to be his Letter , and it is not so much as his hand ; but what proof is it they have brought to apply this to him ? You see what a sort of proof is made : They produce you here a young man that was ( as it hapned ) his Servant at this time , and lived in his Family with him in the nature of a Secretary , it seems ; and how fit he was to be entertained in that Quality , you I question not observe . He says , he did Copy this Letter by the direction of his Master . It is well if he did not keep a Copy himself by him of such a Letter as this for a particular use , as some honest Servants have done before now , that have designed somewhat of advantage to themselves : But that is his Evidence about this fourth Letter . That then Gentlemen which we would offer on behalf of the Defendant , is this , Whether there be any Evidence of the publishing of these Letters by Sir Samuel Barnardiston , either of all or any , and which of them ? All the proof that I hear , comes from Atterbury , and the Clerk of the Council Mr. Blathwaite , which is but this : Atterbury says , that Sir Samuel should say , they were sent to the Post-house ; and Mr. Blathwaite says , he did not deny the publishing of them , but he does not say , he confessed it . As to the sending to the Post-house , if it be true , I shall leave it to your Lordship how far that , my Lord , can be a publishing of a Libel ; whether that be a publishing within the Information , or no ? A Gentleman writes a Letter to a private Friend , and sends it to the Post-house ; whether that be a publishing of a Libel , I leave it to you ? For the fourth Letter , this same trusty Secretary cannot tell you , whether he delivered it back again to Sir Samuel , or no ; or whether he put it in the window ; or whether he delivered it in at the Post-house , only , as he believes , he laid it in the window as he used to do other Letters . But whatever he believes must not pass for Evidence , especially in mate●rs of this nature , it being a great Crime , as the Information has set it forth . If then there is no proof ( as with submission I hope there is not ) of the publication of these Letters , I suppose , Gentlemen , you will not take it upon your Oaths , that he is Guilty of what he is here accused of without Evidence . This Information , Gentlemen , doth mention several things which do very much aggravate the matter , if they were proved . Many things are laid in it to induce the Information , and which may much enhance the Crime , but of which I see no manner of proof at all . Many things are mentioned as Facts leading to the main Fact , which is the great Offence ; but these not being proved upon him , I desire he may be acquitted of that part . L. Ch. J. What do you mean , Mr. Williams ? Mr. Williams . Of all your Preamble . L. Ch. J. What Preamble do you mean ? Mr. Williams . That he being a Person of a turbulent and unquiet Spirit — L. Ch. J. Why Mr. Williams , would you have the Jury find that he is not so ? Mr. Williams . My Lord , there is no proof of it ; or that he did do it with a Design seditiously to disturb the Peace , that he did it with a seditious Intent . L. Ch. J. You would have the Jury find , I warrant , that he did it piously , and with a good intent . Mr. Williams . My Lord , there is a middle way — L. Ch. J. No , no , Mr. Williams , Let us have none of that Doctrine , we must have a care of that , and your middle ways . For certainly the Law supplies the proof , if the thing it self speaks malice and sedition . As it is in Murder , we say always in the Indictment , He did it by the Instigation of the Devil : Can the Jury , if they find the Fact , find he did it not by such Instigation ? No , that does necessarily attend the very nature of such an action , or thing . So , in Informations for Offences of this nature , we say , He did it falsly , malitiously , and seditiously , which are the formal words ; but , If the nature of the thing be such as necessarily imports malice , reproach , and scandal to the Government , there needs no proof but of the Fact done , the Law supplies the rest . If the Fact were indifferent in it self , then to make a Crime of it , the accidental Circumstances must be proved , but it needs not where the thing implies malice in its own nature . You would have the Jury find he had no ill Design in it ; he did it with a good intent , I warrant you . Mr. Williams . All I would ask , my Lord , is but this — L. Ch. J. Do you think he did it to serve the Crown ? If the Jury will take it upon their Oaths that Sir Samuel Barnardiston wrote these Letters to serve the Crown , you say something . Pray ask them that Question : Try if you can make them believe that , Mr. Williams . Mr. Williams . There is no Evidence given about his malice . L. Ch. Just . Yes , the very thing is Evidence of it self . Mr. Williams . Pray , my Lord , let the Fact lye upon its own weight : There is no proof given of any of these aggravating things . L. Ch. Just . How shall any man prove another mans malice , which is a thing that lies only in a mans mind ? How should any man know that I am malicious against the Government , but by my Actions ? Mr. Williams . I lay it before your Lordship and the Jury . L. Ch. J. No proof can be expected , but what the nature of every thing will bear . Mr. Williams . Then I pray this , my Lord , that I may be at liberty next Term if we be convicted to urge this , and observe in mitigation of the Punishment , that there was nothing of these things proved . L. Ch. J. Urge what you can in its proper time , but offer nothing here but what is fit to be offered . Mr. Williams . Here are mentioned in this Information , ( though it be by way of Inducement , yet they must be proved ) things that are matters of Record , but they have proved none of them . L.Ch. J. Have you any of those Records here , the Convictions of my Lord Russel and Colonel Sidney ? Mr. Recorder . Those things are so well known , I suppose they will not contest them . Mr. Williams . Sir , I must lay hold on all advantages for my Client . You have made them part of your Case , pray prove them . Mr. Recorder . Truly , My Lord , We did not think they would have made that any Question , and we have them not here . They know it well enough to be true . Lord Ch. Just . If you have them not here , go and find them ; if they insist upon it , you must prove them . I will stay till you fetch them . Mr. Williams . My Lord , we would not hinder your Lordships business . — Lord Ch. Just . No , no , It will be no hindrance , I will do something else in the mean time . This is a Cause of publick Example and Consequence , and I will give it all the fair hearing I can . Mr. Williams . My Lord , If you please there is I suppose no such haste of Trying this Cause now , to hinder business and keep you here longer than needs . This Cause may as well be Tryed the beginning of next Term. Lord Ch. Just . No , no , I will make an end of it now , if I stay never so long for it ; indeed the Defendant says , I am down in the mouth : 'T is true , I have got a little hoarsness , but I thank God , my heart is not down , nor I hope never will be to serve the Government . Mr. Williams . If they will , they shall find the Letters without the Records . Mr. Jones . No , no , We must have the Records , though it is true , it is but matter of Form , yet we must prove our whole Case . Lord Ch. Just . Well , I will stay till they are fetched . Let the Jury stand by , and I will go on and Try another Cause , and in the mean time , fetch these Records . Do not make two journeys , but bring all that are mentioned in the Record . Then the Jury were set by , and the Court went on in some other Causes , and about an hour and a half after , the Records were brought , and this Cause was resumed , and Proceeded thus . Lord Ch. Just . Well come , Have you those Records now ? Mr. Recorder . Yes , Swear Mr. Tindal . which was done . Is that a true Copy ? Mr. Tindal . Yes , it is a true Copy of the Indictment , Conviction and Attainder of my Lord Russel . I examined it with Mr. Tanner . Lord Ch. Just . Well , put it in . And then a word of it was read by the Clerk. Mr. Recorder . And here is the Record it self of the Attainder of Col. Sidney . which was some part of it read also . Lord Ch. Just . What say you now to it , Gentlemen , for the Defendant ? Mr. Thompson . My Lord , I have nothing more to say , than has been said . Lord Ch. Just . All this was well enough known . Mr. Jones . Ay , but they would give the Court all the trouble they could , by making them send for that , which they could not deny . Lord Ch. Just . Gentlemen of the Jury , Here is an Information exhibited against Sir Samuel Bernardiston , and the Information sets forth this matter . It doth take notice of a horrid Conspiracy , a damnable Conspiracy , lately hatched and set on foot for the Destruction of the King , and for the Subversion of the Government , That there were divers Persons who were Indicted , and stood Convicted , and were afterwards Executed for this horrid Conspiracy . Among the rest , there is notice taken of my Lord Russel for one , and Colonel Sidney , ( he went by that name , Algernon Sidney I mean ) for another , to be two of those Conspirators that were ingaged in that damnable Conspiracy for the Destruction of the King , and Subversion of the Government . Now Gentlemen , That these Persons according to the inducement of this Information , were so Indicted , so Attainted and Executed ( as far forth as is recited in the Information ) is proved to you by the two Records , which the Counsel on the other side insisted to have shewn , and which have been now produced . The one is sworn to be a true Copy of the Conviction and Attainder of my Lord Russel , and the other which they produced was the Record it self of the Conviction and Attainder of Sidney . So that , as to that part it is plain , they were Convicted and Attainted , both the one and the other , as Actors in that Hellish Plot. The next thing , Gentlemen , and which was so much insisted upon by the Defendants Counsel , is this : The Information takes notice that the Defendant Sir Samuel Bernardiston , being a man of a Factious , Seditious , Disaffected temper towards the Government , a man of ill Principles , in order to disturb , disquiet , and discompose the Government , he did cause several Letters , Four in Number , to be Writ and Published , which Letters have been read unto you . It hath been objected , That in as much as the words , Falsly , Seditiously , Malitiously , Factiously , and the like words are in the Information , they would have you believe , That there being no Evidence of any such thing , as Faction , Malice and Sedition , or that the man did it Malitiously , and Advisedly and Seditiously ( which are the words in the Premises , as I may call them , or the Preamble of the Information ) therefore they must be acquitted of that part . Now as to that , I told them then , and tell you now , Gentlemen , That no man living can discover the malitious evil Designs and Intentions of any other man , so as to give Evidence of them , but by their words and actions . No man can prove what I intend , but by my words and actions . Therefore if one doth compass and imagine the death of the King , that by our Law , is High Treason ; but whether or no he be guilty of this Treason , so as to be convicted of it by another , is not proveable , or discoverable , but by some words or actions , whereby the imagination may be manifested . And therefore my imagining , my compassing , which is private in my own mind , must be submitted to the Judgment that Reason and the Law passeth upon my words or actions , and then the action it self being proved , that discovers with what mind the thing was done ; as in the Case I put before to the Counsel . Suppose any man without provocation kill another , the words of the Indictment are , That he did it Malitiously , Feloniously , not having the fear of God before his eyes , but being moved and seduced by the instigation of the Devil . Now all these things , whether he had the fear of God before his eyes , or not ; or whether he were moved by the instigation of the Devil , and of his Malice fore-thought or no ; these cannot be known , till they come to be proved by the action that is done . So that in case any Person doth write Libels , or publish any expressions which in themselves carry Sedition and Faction , and ill will towards the Government ; I cannot tell well how to express it otherwise in his Accusation , than by such words , that he did it Seditiously , Factiously , and Malitiously . And the proof of the thing it self , proves the evil mind it was done with . If then , Gentlemen , You believe the Defendant , Sir Samuel Bernardiston , did write and publish these Letters , that is proof enough of the words , Malitiously , Seditiously , and Factiously , laid in the Information . The Letters are Factious , Seditious , and Malitious Letters , and as base as the worst of Mankind ( though he had had all the Provocation that ever could be given a man to Libel another ) could ever have invented . And let Sir Samuel Bernardiston put it under the Countenance , or under the Umbrage , or under the Enamel of his Zeal for the true Protestant Religion , if he will ; or if he have a mind to it , to give himself any fine Name , by calling himself one of the Sober Party , or the Godly Party , or the Upright Party ; let him gild himself , and paint himself as he pleaseth , yet the inside is Rotten , and 't is Factious and Seditious at the bottom to all intents and purposes whatsoever . And if he be Guilty of it , as you Gentlemen are to Try and Consider , the greater the Man is , the greater the Crime , and the more Understanding he has , the more Malitious he seems to be : For your little ordinary sort of People , that are of common mean understanding , they may be wheedled and drawn in , and surprized into such things ; but Men of a publick Figure , and of some Value in the world , that have been taken to be Men of the greatest Interest and Reputation in a Party , it cannot be thought a sudden surprize upon them , no 't is a work of time and thought , 't is a thing fixed in his very Nature , and it shews so much venome , as would make one think the whole Mass of his Blood were corrupted . I had thought the Act of Oblivion might have put Sir Samuel Bernardiston in mind , That it was not fit any more to go down to White-Hall , to make Uproars , and Tumults , and Hubbub 's . But here is the matter that he now is accused of , and here is in it malice against the King , malice against the Government , malice against both Church and State , malice against any Man that bears any share in the Government , indeed malice against all Mankind that are not of the same perswasion with those bloody Miscreants , ( I cannot give them a milder Name ) I mean the Conspirators in the late damnable Conspiracy , some of whom have been Attainted and Executed for it . Here is the Sanctifying of Traitors , that were justly Sentenced to Execution according to the Law of the Land , and at the same time there is joyned with it the most inveterate Insinuation against the Government that can be , as though the King was prevailed with upon a sham Protestant Plot , to do things in order to destroy the Government it self , and every one of the Sober Party , as they call themselves . For these persons could not have suffered , but as Condemned according to the Rules of Law , but these Letters carry an Insinuation as if they were cut off by a Sham-Trick and design . For after the good News of the Reprieve of Sidney was contradicted , the Warrant for his Execution is taken notice of , and you see the manner of expression that is used , their Party has prevailed , as though the putting the Laws in Execution , and Hanging of Traitors , were such a thing , that a Party must be set up to prevail to do it , and Mankind must be divided into Parties , their Party and our Party , and the contrary Party , they have prevailed , and truly now our Party , the Sober Party , as he calls it , are in a very sad condition . Then here is , as I said , the Sainting of Two horrid Conspirators ; here is the L. Russel Sainted , that blessed Martyr , my L. Russel , that good Man , that excellent Protestant , he is lamented , and what an extraordinary Man he was , who was fairly Tryed , and justly Convicted and Attainted , for having a hand in this horrid Conspiracy against the Life of the KING , and his dearest Brother His ROYAL HIGHNESS , and for the subversion of the Government . And here is Mr. Sidney Sainted , what an extraordinary Man he was ? yes surely , he was a very good Man , because you may some of you remember , or have read the History of those times , and know what share Mr. Sidney had in that black and horrid Villany , that cursed Treason and Murder , the Murder I mean of King Charles the First of Blessed Memory , a shame to Religion it self , a perpetual reproach to the Island we live in , to think that a Prince should be brought by pretended Methods of Law and Justice to such an end at his own Palace . And 't is a shame to think , that such bloody Miscreants should be Sainted and lamented , who had any hand in that horrid Murder and Treason , and who to their dying Minutes , when they were upon the brink of Eternity , and just stepping into another world , could confidently bless God for their being ingaged in that Good Cause , ( as they call it ) which was the Rebellion , which brought that Blessed Martyr to His Death . It is high time for all Mankind , that have any Christianity or sense of Heaven or Hell , to bestir themselves , to rid the Nation of such Caterpillars , such Monsters of Villany as these are . Nay , In these very Letters is contained the very Language of that cursed Murderer and Traitor Walcot himself , That God Almighty in his own time would raise up Instruments . I know , Gentlemen , you have heard and read what that bloody Traitor said to that effect ; and you hear what expressions like it are in these Letters , I am sorry for the death of our friend , honest Mr. John Wright , but God can easily raise up Instruments to do his own work ; the very Language of Walcot . And I would have you take notice of it Mr. Blackerby , for I would have you take warning by these things . Speaking to a Gentleman that was taking Notes . Mr. Blackerby . My Lord , I have neither said nor done any thing that should give you occasion to speak thus to me . Lord Ch. Just . These Letters tell you , God will be sure to raise up Instruments , but what Instruments do they mean ? Instruments of Rebellion , and Faction , and Sedition , which they most falsly call , his own work . For it is that Monstrous Sin Rebellion that they mean by it , Instruments of Treason , under pretence of fighting for God Almighty they would fain be fighting against the Government . It was the Language of the former times , wherewith they destroyed the best of Kings , and subverted the best of Governments for a time , and were very near having totally destroyed three Kingdoms , under pretence of doing God good service . And when once a People pursue such Principles , and under the pretence of Religion , endeavour to destroy Monarchy and Government it self , it is high time for all honest men to look about them . Nay , and you may observe , Gentlemen , another thing in these Letters , it is not only the destruction of the Civil Government , the King and those that are in Authority near Him that are aimed at , but all Persons that come with humble Representations of their Loyalty to Him , all that Address themselves to the King to shew their Duty , and their dislike of that damnable Design and Conspiracy against Him. For now ( says Sir Samuel Bernardiston ) all the Sham Plot is quite blown off , and we cannot find any here , 't is lost except you can find it among the Addressers and Abhorrers in the Countrey , or among a parcel of Clergy-men . — So that all Mankind , that ever thought themselves obliged to congratulate that blessed and happy Deliverance , either to own our Thankfulness to God for it , to whom we owe more than we are able to pay for his great Mercy to us therein , or to express our Joy to the King , in humble Addresses , Congratulating His Deliverance from the horrid Conspiracy lately designed against Him , His Brother , and the Government ; these Gentlemen , because they are Loyal Subjects , and desire to shew themselves so , must be branded with the Names of Abhorrers , Torys , Addressers , Sham-Plotters , and all the Ignominy they can lay upon them . This shews it was not only aimed at the Civil Magistracy , but at all that dare be honest and oppose Faction and Rebellion . As for any thing that he has said of me , Sir Samuel Bernardiston shall write and speak of me as long as he pleases . But though he says , I am down in the mouth ; it is true , I have a little lost my Tongue by my cold , yet I hope I shall never lose my Heart nor Spirit to serve the Government , nor forbear to use my utmost diligence to see that such Offenders as these Persons , that entertain Principles so destructive to the Government , be brought to condign punishment . And be they who they will , were they my own Brothers , I should be of the same mind , and in that mind I hope in God I shall live and dy . Gentlemen , the question before you is , whether the Defendant be guilty of Writing these Malicious , Seditious Letters ; for that they are Malicious and Factious , no honest Man can doubt in the least , and I do not find that the Counsell for the Defendant do offer to say any thing in defence of the Letters , or can say , but that they are as venomous Malicious , Seditious , Factious , Tumultuous Letters as can be Written , and I must tell you , tread very near upon the Borders of High Treason it self . I am sure I may venture to call it Cozen German to High Treason . Now that he did Write and publish them , you have this proof before you : Mr. Blathwaite tells you , That Sir Samuel did own three of them , acknowledge them to be his own Writing before His Sacred Majesty in Council . Atterbury the Messenger says , he was by too when he did before the King acknowledge the Writing of those Three Letters . As to the Superscription to one of those Three Letters , you have the testimony of Osland , the young Man that lived with Sir Samuel Bernardiston , he Swears he Writ it by his direction , being his Servant . And as to the Fourth Letter , this young Man does directly swear , that the Original he Copied it by ( for it is his Writing ) he had from Sir Samuel Bernardiston , and 't was of Sir Samuel's own Writing , ( which he knows well , being acquainted with his Hand ) and that Sir Samuel expresly directed him to Copy it out , which he did by his Command , and this is the same Letter ; and so though 't is not under his hand , yet it is under his Mans , and Written by his direction . And he says he does believe the other Three to be his Hand-Writing . So as to the Dictating and Writing of these Letters , you have as full and as plain a proof as can be made . And as to his Publishing of them , which is another part of the Information , and of which Mr. Williams said there was no proof , I would say but this to you . Is it not very preposterous , absurd and sensless , to think that ever it should enter into any Mans imagination , that Sir Samuel Bernardiston would take such a wonderful deal of pains and care to Write these Letters to Sir Philip Skippon , and to the other Two Men , to tell them of his endeavours to take off Mr. Kedders scruples , and perswade him to go down to Ipswich , and to desire them to take care of the Sober Party , and endeavour to get Sober Men into play , and all will do well , and that the Duke of Monmouth had denyed all the Plot , and so given the lye to the King and the Courts of Justice , and now there was a door opened for Sober Men to come in , and God would raise up Instruments , and the Sober Party will up again . Do you think , I say , he would Write all this Fustian stuff , ( for I can call it no better than stuff , though it be very malicious stuff ) and carry to his Man to Copy out , and Superscribe them and Seal them , only to put them in his Pocket ? If you can believe this , upon my word you have a Faith able to remove great Mountains ; but I assure you my Faith cannot get to that strength . But for further Proof of the publishing , you hear what the young man that was the Defendants Servant says . He tlles you the usual way of dealing with Sir Samuel's Letters was this , There was a Window near Sir Samuel's Closet , and when the Letters were Sealed up , they were used to be put there in order that the Boy according to the usual course might carry them to the Post-House . And he doth believe these Letters ( though he cannot Particularly and Positively speak to them ) were so used . Besides all this , you have it by Atterbury Positively Sworn , that about the same time that Sir Samuel Bernardiston did acknowledge before the King , that he Writ those Letters , being in his Custody , he did say they were sent to the Post-house , and he wondred how they came by ' em . That proves it was done by his privity . And beyond all there is this Circumstance , that the thing speaks it self , they are directed to Men at Ipswich , where Sir Samuel Bernardiston is known to have a correspondence , they take notice of the receipt of Letters from thence , and of the Death of Mr. Wright , mentioned in those Letters , which shews them to be Answers to Letters received , and must not these think you be sent , but kept still in his Pocket ? There is notice also taken in them , of their Country affairs : Though they seemed to have met with some disappointment in such a business about Mr. Kedder , yet they were resolved to go on , and desires them to communicate this business of Mr. Kedder and Dr. Clegitt , to such and such of our friends , and desire them to bestir themselves , and get in Sober Men , such as Mr. Kedder among them . For it is mightily for our advantage , that there should be Sober Men brought into play at Ipswich , and pray be sure to keep the Sober Party up . These things in their own nature speak , that these Letters were intended and Written , in order to preserve a correspondence between those of the Sober Party in Ipswich , and their friends here , and therefore you may easily conclude what was to be done with them . So that , Gentlemen , this Information surely ( if ever any was ) is fully proved , as it is laid in all the parts of it . I would not have given you so much trouble at this time in an Affair of this Nature , that has been so evidently proved , because your Question that you are to Try , is only , Whether the Defendant be Guilty of this Offence , or not Guilty ? ( You are not to inflict the Penalty , that is the Province of the Court above ; ) but only because I see it is a matter of great Expectation and Consequence . I would not we should be gulled twice in one Age , by the self-same Men , and the self-same Way , into the same Treason and Rebellion , and all those other Mischiefs , that dreadful Chaos and State of Confusion , Misery and Destruction , that we were brought into in the late Times . And that has made me take so much notice now in this Place of the Tendency of Things of this Nature , that we may learn to beware of , and know these Men that carry Sheeps cloathing , pretend Zeal and Religion , but their Insides are Wolves . They are Traitors in their Minds , whatsoever they are in their outward pretences . Then the Jury laid their Heads together in the place where they stood , and being presently after agreed upon their Verdict , the Foreman gave it in , That the Defendant Sir Samuel Bernardiston was Guilty of the Offence and Misdemeanour Charged on him by the Information . Which Verdict was Recorded by the Clerk. FINIS .