Dominus Rex Versus Walcott. The CASE of the Defendant JOHN WALCOTT Esq;  
●HOMAS WALCOTT Esq; 
July 35o Car. II.  the Defendant's Father, being Indicted for High Treason for Compassing the Death of the King, and Designing to Levy War and Raise Rebellion, was found Guilty, Attainted, and Executed.  
WHEREUPON his Real Estate of about 750 l. per Annum, 
22 Oct. 36. Car. II.  and his Personal Estate of the Value of 1500 l. were Granted by His said Majesty, King Charles the II. to Wenth-Worth, late Earl of Roscommon, Captain Purcell, and Capt. Bourk;( which two last Persons were in the late Rebellion against His present Majesty in Ireland.)  
HIS present Majesty was graciously pleased to Sign a Bill, 
1689.  to pass into An Act of Parliament, for Reversing the said Attainder, which was so far proceeded in, That it passed this Honourable House, and was twice red in the House of Commons, and committed, but lost by a sudden Prorogation.  
THE Renewing the Prosecution of that Bill the Defendant was disabled from, by his being an Officer in His Majesty's Service in Ireland, under the Right Honourable the Lord cuts, where he was detained by the Wounds he received at the Siege of Limrick, and had one Brother killed by the Irish, and another( who was and still is an Officer in the same Regiment) very much wounded at the Siege of Limrick, and at the Battels of Aghrim in Ireland, and Steinkirk in Flanders.  
HIS MAJESTY was pleased in Council upon the Reading a Report made by the late Attorney General( now Lord Chief Baron) to approve the same, 
3 March 1694.  and Order that the Attorney General should admit a Writ of Error to be brought by the now Defendant John Walcott, for Reversing the Attainder of his said late Father.  
WHEREUPON the Defendant brought his Writ of Error to Reverse the said Attainder, 
Easter Term. 1694.  and was strenuously opposed therein by the Countess of Roscommon, upon the account of the said Grant made to the said late Earl of Roscommon her late Husband.  
THE Court of Kings-Bench, 
Trinity Term, 13 June. 1696.  after having heard many Arguments made by the Lady Roscommons and the Defendant's Counsel on several Days, and perused a Multitude of Presidents for many Ages; all the Judges did agree, and did Seriatim, deliver their Opinions, That the said judgement was Erroneous, and ordered the same to be Reversed.  
THE Lady Roscommon hath brought a Writ of Error in this Honourable House, to reverse the said judgement of Reversal, and set up again the said Attainder.  

BUT it is humbly hoped, That the Reversal of the said Attainder, shall be Affirmed for these Reasons.  
BECAUSE there are manifest Errors appearing in the said Indictment and judgement.  
THE judgement given upon the Defendant's Father, is various and different from all the ancient and Modern Presidents of Judgments given, in Cases of the like Nature.  
IF judgement in Cases of High Treason be uncertain, then it is in the Power of the Judges either to mitigate the Sentence, or to inflict such Cruel Pains and Penalties as they please, and to introduce the Rack, Crucifixions, or any other strange Judgments.  
THE Lady Roscommon by her Case, 
Note,  seems to admit the judgement to be Erroneous, but lays great stress on these three Allegations.  
THAT the Words which cause the Error were either Unwarrantably, or by Mistake, left out by the Clerk.  
THAT the Defendant's Father was Convicted for Compassing the Death of the King by Assassination.  
THAT it appears by Capt. Walcott's Letter to Sir Leolin Jenkins, That he confessed his Guilt, and proffered to be a Spy upon his own Party.  
THOUGH in a Writ of Error Matters of Law only, 
Note,  ought to be considered, yet these Allegations are not without an Answer.  
AS to the Error being the Omission of the Clerk, that Answer may be given to almost all Errors in Records, which are the Omissions or Mistakes of Clerks or other Persons, and Advantages thereof has always been allowed to be had, especially in favour of Life and Liberty; And the Writ of Error is to see if the Record as it is, be Erroneous.  
AS to the second, All the Witnesses against Capt. Walcott did acquit him as to the Assassination; And that he did declare, That he abhorred any such thing, and would be no way concerned in it, and at the very hour of Death denied that he was to have any hand in it.  
'tis true, there was such a Letter to Sir Leolin Jenkins, in hopes by that means to have Saved his Life, and obtained Leave to pass into Holland, but he afterwards declined meeting Sir Leolin, nor did he give Information against any Body.  
THE Grant under which the Lady Roscommon claims, 
Note,  was purely Voluntary, and for no Consideration; and yet she hath Enjoyed the Estate under that Grant for Twelve Years, without so much as allowing Capt. Walcott's Poor Distressed Wife and Eight Children one Penny, or so much as a Bed to lye on.  
THE Defendant humbly hopes Your Lordships, upon Consideration of his Case, will allow him that Favour His Majesty was Graciously pleased to design him, and the Law hath given him, and to Affirm the judgement given in the Kings-Bench, for Reversing the said Attainder.    

Mr. Walcott's CASE. BEFORE THE LORDS, On Monday the 2● of December 1696.