THE PROCEEDINGS AT THE TRIAL OF S R. Patience Ward Kt, Upon an Information of Mr- Attorney General for Perjury who was Tried at the Kings Bench-Barr-Westminster, on the 19th of this Instant May 1683. Containing the most material Circumstances according to Evidence &c, Entered according to ORDER. AN Information for perjury being preferred against Sir Patience Ward Knight, for that▪ he Maliciously and wilfully perjured himself in the Court of Kings-Bench, upon the Trial of Thomas Pilkinton Esq etc. the said Sir- Patience Ward, pleaded not Guilty to the Information; and on the 19th. of this Instant May, 1683. took his Trial accordingly. The most Material Proceedings being these. After the Information was read, the King's Council opened the matter in question, alleging the heinousness of the Fact, and of what dangerous Consequence it might prove if it should pass unpunished, for that it concerned the Nation in General, and might give Encouragement to greater mischief if it should be passed over, or to that effect; after which the Evidence for the King was called & sworn; who deposed upon Oath, that in the precedent Term at a Trial between his Royal Highness, Plant●f, and Thomas Pilkinton defendant, upon an Action of Scandalum Magnatum, the said Sr. Patient Ward, being a Witness for the Defendant did, upon Oath, depose that the said Thomas Pilkinton was not present at the time the discourse begun in Relation to his Royal Highness; and that afterwards coming to the Table, in the Matted Gallery, when he began to speak of burning the City, he the said Sr. Patience Ward clapped his hand on his Mouth or Breast, and bid him Explain himself; demanding whether he meant not one Hubert, that fired the City, and was for the Fact Executed, and that many words laid in the Declaration, in the Action of Scandalum Magnatum, were not spoken by Mr. Pilkinton to the Plantif, etc. To this or the same Effect, Eight or Nine Witnesses were sworn, and the matter strongly argued, and managed by Council. Divers Interrogatories being put & all doubtful matters amply Explained & laid open to the Consideration of the Jurors, together with the Heineousness of the sin of Perjury; which did not only expose men's Fortunes and Reputations, but lives, to perpetual hazard and danger; the Council likewise put them in mind that the words laid in the Declaration were sworn to by persons of unspotted Reputation and not only upon the Trial of Mr. Pilkington, but even again in their hearing, and that they ought to have regard to the Positive Evidence of Credible Affirmatives, for that they swore to what they had heard and retained in their memory, etc. After the King's Evidence had deposed the matter of Fact at large, as was laid in the Information, the Evidence for the Defendant were called who were many in number, but the chief, one Mr. Blanie a Barister, who took the Trial between his Royal Highness, and Mr. Pil●ington in shorthand Notes, who in Court produced the said Notes, declaring that he had taken them true as to what they contained, to the best of his Judgement and that he had perused them and could not conceive any Error therein, as to what he had taken, but withal, declared that he could not be so positive, but that he might omit some words, not withstanding he sat in a place advantageous for his taking of the said Notes, appealing to those present, whether in his taking several Trials in that Court, and others, he had omitted any thing material, or falsyfied; against which some Objections were made. His Evidence as likewise that given by many of the Defendants Witnesses was that the said Defendant did not; at the Trial, between his Royal Highness and Mr. Pilkington to their memory swore positively to each particular charged against him, but that he deposed, that as he believed, or to the best of his knowledge, or according to the best of his memory, or that he did not hear such and such words spoken; or that he was not positive as to particulars; which was that which the Council for the King for the most part insisted on in the Interogatories or Queries put to the Defendants Evidence, who were not less than 12. or 13. so that after the Trial had lasted for the space of four hours, or thereabouts and the Witnesses, with great diliberation, heard what they had to say. First the King's Council summed up, what had been repeated, declaring that the matter consisted of these points, viz. Whether the Defendant did swear positively at the Trial between his Royal Highness & Mr. Pilkington to such matters, as were swore against him, or not: for Conformation that he did many worthy Gentlemen had deposed it upon Oath, who were present at the same Trial: that he only swore dubiously, some persons had deposed. Therefore if they believed the King's Evidence they must find him Guilty, according to the Tenure of the Information. After which the Council for the Defendant summed up the Evidence, & came to particulars, but above all alleged the Credit and Reputation of the person, in question, arguing that he had born the chiefest Office in the City, and other great Places of Trust, and that he could propose to himself no advantage by perjury in that Case neither did he by his giving Evidence perjudice, the Plantif a penny; for that he had his damages to the full, as they were laid in the Declaration, etc. After which the Court gave the charge, & as soon as the Jury went out, rose, leaving them to give a private Verdict to the Puisne Judge: the matter being tried upon an Information at Common Law, Some hours being spent in debate as is conceived, the Jury unanimously gave their Verdict that the Defendant was Guilty of the particulars mentioned in the Information which Virdict on Monday last was made Public. LONDON Printed for R. Oswell. 1683.