wife in his friend's hand, and went to meet the coach in which Dangerfield was, only out of curiosity (as he saith) to observe how he looked after his being whipped. He said, that the coach did not stop, but he went to the side of it, and said, have you had your heat to-day? How is it now with you? Dangerfield, upon those words, (he says) called bim son of a 'whore, 'and said, 'what have you to do with me?' Mr. Frances being asked by the ordinary, what moved him to kill Dangerfield, he replied, that his passion was stirred up at Dangerfield's reviling language, and said, that he only intended to beat him with a bamboo cane, which was furzed and worn out at the end of it: But the coach moving onward, the cane wounded Dangerfield in the eye; but he intended only to have thrust it at his breast. He also said, that he had a short sword, and yet used it not, because he did not design to kill Dangerfield.

dying man, solemnly avow and protest the same: and therefore I hope I may boldly say I am not conscious of any guilt before God as to the malice. However, God in his great wisdom has been pleased to suffer this great calamity to fall upon me: and I hope this his severe chastisemeat is in order to bring me to himself, when softer means had not sufficiently done it. All them that know me (I am sure) will do me that justice as to believe I am far from having done it either wilfully or mercenarily (as most untruly is reported). And that these honourable persons are above the thoughts of such unworthy things, for which they have been as maliciously as falsely traduced upon my score; I beg their pardon for the scandal I have unhappily been the occasion of, and desire this acknowledgment may be by them accepted as a reparation, since to disown it at this time of my death, is all the satisfaction 1 am able to make them.

“Mr. Frances being told by the ordinary, that the very thrust proved fatal, and was a As to my religion, (however I have been revery inhuman act toward a person in his dis- presented) there are people that knew me at tress; to this Mr. Frances replied, That he the university, and since that can be my witnever bore any malice nor grudge to Mr. Dan-nesses, how obedient and zealous a son of the gerfield, nor was he moved to that act by any church of England (by law established) i have person whatsoever; only God left him to him- been. self, for the punishment of his former sias, to run into this sudden effort of passion. Mr. Frances was much affected with my discourse, and wept in praying with him: he was very attentive to the sermons and prayers on the Lord's day, more than the other criminals; so be seemed very penitent, and I hope that this sentence of death on him did awaken him to a serious recalling to mind whatsoever former sins he might be guilty of, in order to make his peace with God, who is the searcher of all hearts, and only knows who are truly penitent."

The Dying Speech of ROBERT FRANCES, of Grays-Inn, Esq. July 24th 1685. Delivered by his own hand to the Ordinary, at the Place of Execution, desiring the same might be published.

And these worthy divines that did me the favour to visit me in affliction, will give the world an account (as occasion serves) of my integrity therein and if I had been as zealous in the service of God, as any prince, he would not have left me so much to myself, as to have permitted me to have fallen into this unexpected extremity.

And as for my morals, the honourable society of Grays-fun will answer for me, that in above these twelve years time, I have had the honour of being admitted a member of that society, I never had any quarrel or controversy with any member thereof; and all persons with whom I have had conversation, I question not, will give a good character of my innocent and peaceable behaviour.

and grant that there may never want one of that royal line to sway the scepters of these kingdoms as long as sun and moon endure. In the union and love of his subjects, strengthen him that he may vanquish and overcome all his enemies, which I am glad to have seen so much prospect of, and am only sorry I am cut off from seeing my so much desired satisfaction of those happy days all his good subjects will enjoy under his auspicious government. I pray God forgive me my sins, that have made me unworthy of that blessing.

I pray God Almighty preserve and bless his most sacred majesty, his royal consort queen Mary, Catherine the queen dowager, their I am here by the divine permission and pro-royal highnesses, and all the royal family; vidence of God become a spectacle to God, angels, and men, for a rash, extravagant and imprudent act, wherein I do confess, I have not only offended against the government and courts of justice, but against Christianity, and even the rules of morality itself: nevertheless, (I hope) not only the court, but all unbiassed men, from the several circumstances of the fact, are satisfied that I had no malicious intent of doing what fell out, nor had any grudge or personal prejudice to him upon any account whatsoever, more than what all honest and good men could not but have, that love the king and the government. The solemn truth of all which I have declared, not only upon the holy sacrament I received from Mr. Master, but also that I never knew nor saw him before that unhappy moment, save once at a distance in the pillory at Westminster, and do now, as a

Blessed be the Lord, that I have lived so as not to be ashamed to live, or afraid to die; though I cannot but regret my being made a sacrifice to the faction, who I am satisfied are the only people that will rejoice in my rain; for there is no man that loves his prince, but will lament that nothing less than the blood of

that if she had been so inclined, she would have scorned to have prostituted herself to such a profligate person: but, on the contrary, (God is my witness) I never had any such thoughts of ber, and do as verily believe, as there is a God in Heaven, I never had any reason; she having always been the most indulgent, kind, and loving wife that ever man had, and in my conscience one of the best of women; nay, I am so far from suspecting her virtue, that she is the only loss I regret on earth, and can freely part with every thing else here below without repining, which in all my trouble I have owned before all people, and particularly Mr. Master, Mr. Ordinary, and Mr. Smithies of Cripplegate, who can all testify those tears and endeared expressions that have passed between us, when any of them did me the kindness to visit me in my distress.

an inoffensive man (save in this single extra | And besides that, she is as virtuous a woman as vagance) can satisfy them for the sudden intem-lives, and born of so good and loyal a family, perate transport of zeal and passion against one so notoriously wicked and infamous; for 1 do protest before Almighty God, (before whom I shall immediately appear) that when I went to the coach-side, I did not intend so much as to speak to him, or believe I could have had op portunity of so doing, much less of doing him any harm. Neither is it probable I should with a small bamboo cane, no bigger than a man's little finger, without any iron upon it, much less a dart in it, as it was most industriously spread abroad to prejudice me in the opinion of the world for, if I had had such a wicked design intentionally, I had a little short sword by my side much more proper for such a purpose. And further, if I had believed or known that I had done any harm to him, I had opportunity enough of escaping afterwards, which I never endeavoured. Now all these things being duly weighed with their several circumstances, I leave my sad case to the consideration of all sober and charitable men. However, I would not have this to be interpreted as a reflection upon the court, who I doubt not are by this time satisfied, (and Mr. Recorder did in open court declare) that in their consciences they did not believe I maliciously designed him the mischief that happened, but that it was purely accidental. But in the strict construction of law I was found guilty of murder.

But that which most seusibly afflicts me, and is worse to me thau death, that I cannot suffer alone, but that they have not only raised scandals upon me in particular preparatory to it, but upon my poor innocent wife, as if my jealousy of her had been the reason of my aní mosity to Dangerfield; when I am morally certain she never saw him in her whole life, save that fatal moment; and no couple (as hundreds can witness) have lived in better correspondence.

And I do from the bottom of my heart freely forgive the witnesses that swore against me those words I never spoke; for, as I shall answer at the Great Tribunal, I said no other or more words than these; How now, friend, have you had your heat this morning? for all the ill they have done me, give them repentance, good God! even for these that have contributed to the shedding of my blood, I pray thee shed thy bowels of mercy.

I do heartily thank those noble and honourable persons, and all other my friends, that have so charitably interposed with his majesty on my behalf (though it hath proved unsuc cessful). I pray God nevertheless to return their kind endeavours a thousand-fold into their own bosoms: Lord, return it to them and theirs!

Lord Jesus, receive my soul! Thy Will be
done on Earth as it is in Heaven, Amen,
Amen, Amen.
ROBERT FRANCES.

338. The Trial of HENRY Lord DELAMERE,* in the Court of the Lord High Steward, at Westminster, for High Treason: 1 JAMES II. A. D. 1686.

January 14, 1686.

straitly charge and command all manner of persons to keep silence, and to give ear to the

C. of Cr. SERJEANT at Arins, make king's majesty's commission to his grace my proclamation.

Lord High Steward of England, upon pain of imprisonment.

Then the Commission was read, his Grace and all the Peers standing up bare-headed. ber of the House of Commons, a zealous and powerful supporter of the Bill of Exclusion. At the time of the Revolution, he early raised a large force in Lancashire and Cheshire, with which he joined the prince of Orange, and was deputed with Halifax and Shrewsbury upon the Message to king James for his removal from Whitehall. James, after his retirement

>

Then the Staff being carried between Garter King at Arms, and the Gentleman-Usher of the Black Rod, was with three reverences delivered upon the knee to his Grace, and by him re-delivered, to the Gentleman-Usher of the Black Rod, to hold during the service.

Cl. of Cr. Serjeant at Arms, make procla

mation.

Serj. at Arms. O Yes! His grace my Lord High Steward of England doth straitly charge and command all manner of persons here present, except peers, privy counsellors, and the reverend judges now assistant, to be uncovered. Cl. of Cr. Make proclamation.

(jesty's Serjeants at Law, and Chief Justice of Chester, delivered in his Writ and Return at the Clerk's Table.

The Writ of Certiorari and the Return thereof was read in hæc verba.

L. H. Steward. (George lord Jefferies.) Call the lieutenant of the Tower to return his Precept, and bring his prisoner to the bar. Cl. of Cr. Make proclamation.

Serj. at Arms. Lieutenant of the Tower of London, return thy Writ and Precept to thee directed, together with the body of Henry baron of Delamere, thy prisoner, forthwith, upon pain and peril shall fall thereon.

The Prisoner was brought to the Bar by the Lieutenant of the Tower: the Writ and Return thereof, together with his Grace's Precept, and the Return thereof, were read in hæc verba. Cl. of Cr. Make proclamation.

Serj. at Arms. Sir Roger Harsnet knight, serjeant at arms to our sovereign lord the king, with the names of all the lords and noblemen return the Precept to thee directed, together

Serj. at Arms. O-Yes! My Lord High Steward of England his Grace straitly chargeth and commandeth all justices, commissioners, and all and every other person and persons to whom any writ or precept has been directed, for the certifying of any indictment or record before his grace my Lord High Steward of England, that they do certify and bring in the same forthwith, according to the tenor of the same writ and precept, to them or any of them directed, upon pain and perd shall fall thereon. of this realm of England, peers of Henry baron of Delamere, by thee summoned, forthwith, upon pain and peril shall fall thereon. troducing contributed nothing to the right of peerage, and that those peers who had been created by the late king in the time of his exile, upon his majesty's Restoration came into the House of Lords without being introduced. The lord Delamere was most violent in oppos

Then sir Edward Lutwyche, one of his Ma

into France, said, that on this occasion lord Delamere, whom he had used ill, had treated him with much more regard than the other two lords to whom he had been kind, and from whom he might better have expected it. Yet Henry, earl of Clarendon, in his "Diary," expresses himself with some spleen of the intem-ing_lord Griffin's being admitted; but on a perance with which Delamere supported the measure of the king's removal, and acted on some other occasions:

sudden my lord Lovelace moved on his behalf, That he might be admitted, to the wonder of every body, and in the same instant he and my "1688, Dec. 17. My lord Halifax gave lord Delamere went from their places and inhim" [the prince of Orange] "an account of troduced him; the first time, I believe, that the Resolution the Lords were come to, which ever a peer was introduced when the king's was drawn up in writing, and being read, I authority was pretended to be set aside, and said again, it seemed strange to me that the the Lords did not pretend to be a parliament. king should be, as it were, directed to go to I cannot imagine what made the turn about Ham; that if it were not safe for bis majesty my lord Griffin, except it was that the violent to be at London, why might he not be at li-party had no mind to lose my lord Carteret, berty to go where he pleased? or be desired to go to some of his own houses, Hampton-court or Windsor, and to have his own guards about him. Upon which, lord Delamere very angrily (a little thing puts him in a passion) said, He did not look upon him as his king, and would never more pay him obedience, and that be ought not to be like a king in one of his own houses, and earnestly pressed that he might be directed to go to Ham.

1688-9, Jan. 25. The House was called over according to order, which being done, the earl of Berkeley took notice that there was a peer there who had never been introduced, and so named my lord Griffin, who stood up in his place and said, he was created by the king a little before his going away, and had his writ to come to parliament, and his patent was at the door ready to be produced. Upon this grew a debate, that no peer could sit till he was introduced: it was alledged, that the in

who had never been introduced, and of whom I believe they were sure; the duke of Northumberland likewise had not been introduced before.

"Jan. S1. Lord Montague said he was so perfectly satisfied that the throne was vacant, that he had a dispensation within him without the help of one from my lord Jefferies or sir Edward Herbert, and therefore did declare, that from this day he looked upon himself to be absolved from all allegiance to king James, that he owed him none and never would pay him any, and if king James came again he was resolved to fight against him, and would die single with his sword in his hand, rather than pay him any obedience."

In the early part of king William's reign, lord Delamere held the office of chancellor of the exchequer for about twelve months, and upon quitting it was created earl of Warrington.-See, also, Burnet, vol. 1, p. 668.

The Serjeant at Arms delivered in his Precept and return at the clerks table.

L. H. Steward. Read the Precept and the return. [They were read in hac verbu.] Cl. of Cr. Make an O-Yes.

Serj. at Arms. O-Yes! All dukes, earls, viscounts, and barons of this realm of England, peers of Henry baron of Delamere, who, by commandment of my Lord High Steward of England his grace, were summoned to appear here this day, and are now present in court, answer to your names, upon pain and peril will fall thereon.

The Peers summoned were called over, and those that appeared, standing up uncovered, answered to their names, each making a reverence to the Lord High Steward.

Cl. of Cr. Laurence earl of Rochester, Lord High Treasurer of England.*

Mr. Hatsell (Precedents vol. 4, p. 345,) adverts to the number of great officers of the crown and others, devoted at the time to king James, who were summoned by Jefferies upon this Trial. The managers for the Lords in a Conference, in the year 1691, respecting a Bill for regulating Trials for Treason, [See 4 Hatsell, Appendix, No. 3.] after stating, that in this case of lord Delamere, a great many of the Lords then in town were not chosen, say, "It is a great question, whether that noble lord had come off as he did, if he had not received such notice from the grand jury, and every thing had not been made out so plain." Indeed, lord Delamere must have expected the severest treatment from Jefferies, of whom he had spoken very sharply, in his Speech on the Corruption of the Judges. See lord Delamere's Works, p. 142, edition of 1694.

Cl. of Cr. Henry duke of Beaufort, Lord President of Wales.-D. of Beauf. Here.

Cl. of Cr. John earl of Mulgrave, Lord Chamberlain of his Majesty's Household. Macclesfield, lord Brandon and lord Delamere, and that they would be ready to rise in Cheshire, as soon as he landed: Others swore that the duke had written and sent messages to his friends in London, to give notice to the lords to be ready, and that he was preparing for England. In the course of this trial, a point of law never before heard of, was started, by the lord high steward, and the solicitor general, namely, That though there were but one positive evidence, in a case of high treason, if the rest, though but circumstantial, concurred therewith, it was sufficient to find a prisoner guilty; for example, supposing one man should hear another say, he intended to kill the king, upon such a day, and that another swears he saw the party lie in wait to prosecute his intention, the evidence is sufficient. But whatever there might be in this law, it was by no means applicable to the prisoner; for he most Of this trial sir John Reresby says: "My convincingly disproved the main evidence, Saxlord Delamere was this day tried by a particu- ton, and by the clearest testimony made it ap lar commission, directed to the lord high pear, that neither the two gentlemen nor himsteward and thirty other peers. The crime self were upon the spot upon the 4th of June; laid to his charge was conspiring to raise a re- that two of them were then actually in Lonbellion, and to subvert the government, in con- don, and the other sixteen miles off: "He urged junction with the duke of Monmouth and other also, that if the man had sworn nothing but false traitors, and so on. I happened to sit truth against him, he could be no legal witness, near the king during the whole trial; but the being himself a prisoner, and taken in rebellion only positive evidence against his lordship was when Monmouth was routed, and consequently one Saxton, an obscure fellow, who swore that under a temptation to swear against him, to about the time of the duke of Monmouth's save his own life; upon the whole he was aclanding, he was recommended by the lord quitted, every one of the peers declaring him Brandon to the lord Delamere, and discours- not guilty. There were those who condemned ing with him at his house in Cheshire, upon the lawyers who had advised the king to bring the 4th of June, sir Robert Cotton, and another a peer to trial upon so slender a foundation; gentleman being present; that their conversa- while others observed, that as the king had tion was about assistance to be given to the committed him to prison, it was but fit he said duke, and that his lordship should say, He should be brought to a public trial, lest it was engaged to raise 10,000 men in his cause, should be said he had been detained when no- . but that he could not effect it so soon as he had thing appeared against him. But when all promised, because of a present want he was was over, I plainly saw the king was in great under of money. What the other witnesses rage with Saxton, and the next day he dehad to alledge, was all circumstance and hear-clared, He should be first convicted for persay: Some said the duke of Monmouth had jury, and then hanged for high treason." told them, He depended upon help from lord

ܙܪ

E. of Mulg. Here.

Cl of Cr. Aubery earl of Oxford.
E. of Orf. Here.

C. of Cr. Charles earl of Shrewsbury.
E of Shrews. Here.

Cl. of Cr. Theophilus earl of Huntingdon.
E. f Hunt. Here..

C. of Cr. Thomas earl of Pembroke.
E of Pemb. Here.

Cl. of Cr. Jolin earl of Bridgwater.
E. f Bridge. Here.

Cl of Cr. Henry earl of Peterborow.
E. of Peterb. Here.

Cl. of Cr. Robert earl of Scarsdale.
E. of Scarsd. Here.

Cl. of Cr. William earl of Craven.
E. of Craven. Here.

Cl. of Cr. Richard earl of Burlington.

did not appear.]

Cl of Cr. Louis earl of Feversham.
E. of Feversh. Here.

Cl. of Cr. George earl of Berkeley.
E. of Berk. Here.

Cl. of Cr. Daniel earl of Nottingham.
E. of Notting. Here.

Cl. of Cr. Thomas earl of Plymouth.
E. of Plym. Here.

Cl. of Cr. Thomas viscount Falconberg.
L. Falconberg. Here.

[He

Cl. of Cr. Francis viscount Newport, Treasurer of his Majesty's Household. L. Newport. Here.

Cl. of Cr. Robert lord Ferrers.

L. Ferrers. Here.

Cl. of Cr. Vere Essex, lord Crom well.
L. Cromwell. Here.

Cl. of Cr. William lord Maynard, comptroller of his majesties houshold.

L. Maynard. Here.

innocent, as they will to convict you if you be guilty.

But, my lord, if you are conscious to yourself that you are guilty of this heinous crime, give glory to God, make amends to his vicegerent the king, by a plain and full discovery Lof your guilt, and do not by an obstinate persisting in the denial of it, provoke the just indignation of your prince, who has made it appear to the world, that his inclinations are rather to shew mercy than inflict punishments. My lord, attend with patience, and hear the Bill of Iudictinent that hath been found against you, read. Read the Bill of Indictment to my Lord.

Cl. of Cr. Henry Baron of Delamere, hold up thy hand.

Delamere. My lord, I humbly beg your grace would please to answer me one question, whether a peer of England be obliged by the laws of this land to hold up his hand at the bar as a commoner must do? And I ask your grace this question the rather, because in my lord Stafford's case it was allowed to be the privilege of the peers not to hold up their hands.

L. H. Steward. My lords, this being a matter of the privilege of the peerage, it is not fit for me to determine it one way or the other; but I think I may acquaint your lordships, that in point of law, if you are satisfied this is the person indicted, the holding, or not holding, up of the hand is but a formality, which does not signify much either way.*

L. Delamere. I humbly pray your grace's direction in one thing farther, whether I must address myself to your grace when I would speak, or to your grace with the rest of these noble lords my peers?

L. H. Steward. You must direct what you

Cl. of Cr. George lord Dartmouth, master have to say to me, my lord. general of his majesty's ordnance.

L. Dartmouth. Here.

Cl. of Cr. Sidney lord Godolphin.

L Godolphin. Here.

Cl. of Cr. John lord Churchill.
L. Churchill. Here.

Then his Grace the Lord High Steward addressed himself to the lord Delamere, the prisoner at the bar, in this manner.

L. H. Steward. My lord Delamere, the king being acquinted that you stand accused of High Treason, not by common report of hearsay, but by a bill of indictment found against you by gentlemen of great quality, and known integrity within the county palatine of Chester the place of your residence, has thought it necessary in tenderness to you, as well as justice to himself, to order you a speedy trial.

My Lord, if you know yourself innocent, in the name of God do not despond, for you may be assured of a fair and patient hearing, and in your proper time a free liberty to make your full defence: and I am sure you cannot but be well convinced, that my noble lords that are here your peers to try you, will be as desirous and ready to acquit you, if you appear to be

L. Delamere. I beg your grace would please to satisfy me, whether your grace be one of my judges in concurrence with the rest of the lords?

L. H. Steward. No, my lord, I am judge of the court, but I am none of your triers.+ Go

on.

standest indicted in the county palatine of ChesCl. of Cr. "Henry Baron of Delamere, thou ter by the name of Henry Baron of Delamere of Mere, in the said county of Chester, for that thou as a false traitor against the most illustrious and most excellent prince James the second, by the grace of God of England, Scotland, France and Ireland, king, thy natural lord, not having the fear of God in thy heart nor weighing the duty of thy allegiance, but

* See Vol. 6, p. 1319, and the cases referred to in the note there.

As to the difference between the course of proceeding in the Court of the Lord High Steward, and that in the Court of our Lord the King in Parliament, See the Case of Earl Ferrers, A. D. 1760, in this Collection, and the Report of the Conferences respecting the Bill for regulating Trials for Treasons.