The second part of the Display of tyranny; or Remarks upon the illegal and arbitrary proceedings in the Courts of Westminster, and Guild-Hall London. From the year, 1678. to the abdication of the late King James, in the year 1688. In which time, the rule was, quod principi placuis, lex esto.

Remarks upon the Tryal of Mr Jo∣seph Hayes, at the King's Beath upon an Indictment of high Trea∣son, for corresponding with Sr Thomas Armstrong.

MR Hayes was brought by Habeas Corpus upon the 3d of November 1684, from the Gat••••house, and was ar∣raigned, upon an Indictment to this ef∣fect, viz.

That he being a false Traytor against the King, &c the 31st of August, in the 31th Year of the King; knowing Sr Thomas Armstrong to have constired the death of the King, and to have sted for the same; did traytorously relieve, comfort and main∣tain him; and for his Relief and Mainte∣nance, did pay the sum of 150 l. against the duty of his Allegiance, &c. To this, he pleaded Not Guilty.

Upon the 21st of November 1684, He was brought to Tryal, before the Lord Chief Justice Jeffryes, Judge Holloway, Judge Wythens and Judge Walcot; and the

Jury being called, he prudently chal∣lenged the following Persons; which if he had not done, it is more than pro∣bable, that he had dyed as poor Colledge did at Oxford.

• ...Sr Thomas Griffith,
• ...Richard Ellis,
• ...Thomas Langham,
• ...Henry Whistler,
• ...Nicholas Smyth,
• ...Thomas Soper,
• ...Tho. Passenger,
• ...Henry Minchard,
• ...Peter Jones,
• ...William Crowch,
• ...Peter Devet,
• ...Henry Lodes,
• ...William Pownes,
• ...Charles Gregory,
• ...William Peele,
• ...Richard Weedon,
• ...Thomas Pory,
• ...Tho. Peircehouse,
• ...Richard Burden,
• ...John George,
• ...John Steventon,
• ...Robert Watkins,
• ...George Twine,
• ...Thomas Short,
• ...Robert Townshend,
• ...James Bush,
• ...Walter Mastors,
• ...Thomas Larkham,
• ...Edward Cooke,
• ...William Fashion,
• ...John Flowerdew,
• ...John Greens,
• ...John Grice,
• Charles Fowler, and
• ...James Smyth.

In all 35.

The Jury sworn, were,

• ...Samuel Sheppard,
• ...Daniel Allen,
• ...Rowland Platt,
• ...Adam Bellamy,
• ...Daniel Templeman,
• ...William Dewart,
• ...Edward Pigget,
• ...Tho. Brailesford,
• ...Edward Cheeke,
• ...Edw. Ʋnderwood,
• Robert Masters, &
• ...William Warren.

It is likely that he would have challen∣ged one, if not more of the last four, but that he had challenged the number of 35. before these four were called; and the Law allowed him not to challenge more.

Then, the Indictment being read, Mr Dolben as Counsel for the King, opened it to the Jury.

Mr Attorney General then enforced the Charge thus; After Sr Tho. Armstrong had fled, the Prisoner relieved and aided him with Money; and that, after he was Indicted, and sued to the Exigent; besides, a Proclamation followed upon his flight, which was a sufficient notice to all the King's Subjects; Sr Thomas went by the Name of Henry Laurence, beyond Sea; by that Name the Prisoner held a Correspon∣dence with him, and sent him a Letter, dated the 21st of August, and tells him, he had sent him a Bill of Exchange,

for 165 l. drawn upon his Brother, Israel Hayes, who was acquainted with Sr Thomas.

If it were not for these, receiving and nourishing of Traytors, they would not lurk at Amsterdam, as they do. The Letter was taken about Sr Thomas, and we shall prove it is the Prisoner's Hand∣writing, and that Sr Thomas received the Money.

I hope you will take care, by Convicting this Gentleman, to stop the Fountain, that issues so much supply to these Traytors, that lurk abroad.

Mr Hayes then affirmed, that he ne∣ver knew Sr Thomas in his life.

Then, the Indictment against Sr Tho∣mas was read, which was found the 12th of July; and Mr Glover proved a Copy of the King's Proclamation against Sr Tho∣mas dated the 28th of June, 1683.

Then, Ezekiel Everis was sworn, and testified, that in August 1683, he was at Cleve in Germany, with the Lord Grey, who went by the name of Thomas Holt, and Sr Tho. A. came thither, by the

Name of Mr Henry Laurence, and shew'd him a Bill of Exchange, from England, upon Mr Israel Hayes in Amsterdam, for 160 l. odd Money; and that it was, for 150 Guineas, paid in England; and he told him, it was drawn by Joseph Hayes; and it was signed Joseph Hayes; and the Bill was accepted, and he saw Israel Hayes his Letter to Sr Thomas, by the Name of Laurence, which mentioned the sending the said sum to Cleve.

The Common Serjeant (Crispe) then de∣livered a parcel of Letters into the Court, and swore that he received them of the Lord Godolphin, and they had been ever since in his hands.

The Lord Godolphin then testified, that he received three Letters produced in Court, from Mr Constable, Mr Chudley's Secretary, who told him they were taken about Sr Thomas, that one of them, with∣out any Name, mentioned 150 Guineas returned to Henry Laurence.

Constable testified, that he was present, when the Scout of Leyden apprehended Sr Tho. A. and that the Letters were ta∣ken out of his Pocket, and he himself delivered them to Mr Chudley, who seal∣ed them up and sent them, by him, to the Lord Godolphin.

Charles Davis testified, that taking Boat from Amsterdam to Rotterdam, he met Israel Hayes and Sr Tho. A. coming to take Boat, and Sr Thomas went with him in the Boat, and he told him his Name was Henry Laurence.

Davis added, that he lodged a Month in one Briscowe's House at Amsherdam, where there was a Club every Thursday; There were Mr Israel Hayes, Mr Henry Ireton, one Wilmore, Emerton, Dare, and some other English Merchants; and he heard them several times, abuse the King at the Table.

The Attorney General then shewed Mr Hayes a Letter, saying, It may be he will save us the labour of proving it; but Mr Hayes disowning it,

Mr Walpoole was called, and Mr Hayes said, he was my Servant, and went away, after a rate, that possibly would not be allowed.

Walpoole testified, that he served Mr Hayes almost four Years and three quar∣ters, and did believe the Letter to be Mr Hayes his hand.

Mr Hayes said, My Lord, in matters of Treason, I hope you will not admit of comparison of hands and belief, for Evi∣dence.

The Chief Justice answered, Yes, no doubt of it.

Mr Hayes replyed, It has not been so in other Cases, that have not been Capi∣tal; as particularly in the Lady Carr's Case.

The Chief Justice said, that is a mis∣take, you take it from Algernon Sidney, but without all doubt, it is good Evi∣dence.

Judge Wythens said, Comparison of Hands was allowed for good Evidence in Colman's Case.

Mr Hayes answered, That, with sub∣mission, vastly differs; Those Letters were found in his own Custody; This was not found in my possession, but in another Man's, and in another Nation.

Sr John Trevor, Counsel for the King, said, This Gentleman was a Trader with the East-India-Company, and made Con∣tracts with them, which are entred in their Books; We will compare them with the Writing in this Letter.

The Common Serjeant then called Har∣man and Brittle, and demanded of them, where the Books were; and they pro∣duced them.

Harman testified, that he knew Mr

Hayes, and that he made several Con∣tracts in 1683, and that he saw him in September 1683, subscribe his Hand to a Book of the Companies, shewn to him.

Brittle testified, that he is Porter in the Street to the East-India-Company, and that he saw Mr Hayes write his Hand, to a Book shown to him.

Capt. Piercehouse pro∣duced a Note, which he said was Mr H. his, and that he supposed it to be his hand, and compared it with the hand in the Book, and said, that he delivered the Goods upon it; and Walpoole then said, he believed it to be Mr Hayes his hand.

Then Mr Sturdivant was called, and they shew'd him the Letter, and he said, Here is Joseph Hayes writ, but I do not know it to be his Hand.

The Common Serjeant warmly said, that Mr Sturdivant swore he did know Mr H. his hand, before the Grand Jury; but Mr Sturdivant affirmed, the Common Ser∣jeant was under a mistake.

Then Sr John Trevor called for Mr Hardresse, but the Common Sejeant answered, That he was out of Town, before he could be served with a Sub∣pena.

Then the Letter was read, it was sub∣scribed Joseph Hayes, and dated the 31st of August 1683. directed to Mr Henry Laurence senior, at Amsterdam; and be∣gan thus, Sir, at your desire I have sent you a Bill, &c.

The Letter and the East-India-Books were then shewn to the Jury, and to the Prisoner.

Mr Hayes denyed the Letter to be his Writing, and said, 'Tis very strange I should not know my own hand; May not Counsel be admitted to plead, Whether comparison of hands and belief, are any evi∣dence

in Criminal Causer? I have been informed, it hath been denyed to be evidence.

The Ch. Justice told him he was under a mistake; some body has put it into your Head, and pussed you up with a vain Sto∣ry; there is no such thing, 'Tis a Fiction, a meer Whim, only said by Mr Sidney, and no ground in the World for it.

Mr Hayes replyed, Was it not so in the Case of my Lady Carr? there is a Record of that I suppose.

The Chief Justice affirmed, it was not so, and said, Don't talk of it, there was no such thing at all—Compa∣rison of hands was al∣lowed for good proof, in Sidney's Case; We must not alter the Law for any Body.

Mr attorney General said, Besides this comparison of hands, We shall give an account of the Correspondence of the Pri∣soner's Brother, and that he received the Money of him; and then said, Mr Com∣mon Serjeant, Where had you this Papery?

The Common Serjeant, to show his care and zeal in this matter, said, Pray have a care of the Papers; and then gave evidence that he had them from my

Zord Godolphin, and said, This is an Account of the Receipt and Disburse∣ment of the Money; Shew it Mr Con∣stable.

Constable said, This is one of the Pa∣pers was taken out of Sr T. A's Pocket.

It being shewn to the Jury, one of them demanded, whether any one pro∣ved the hand, that was in that Note?

The Attorney answer'd, No, but Eve∣ris swears, that Sr T. A. shew'd him a Bill, subscribed Joseph Hayes; for so many hundred Guilders.

The Common Serjeant said, He says it was 160 odd Pounds; now the sum of this Note is 161 l. 5 s. which is the change of 150 Guineas.

Mr North concluded, saying, We have done at present.

Mr Hayes then said, Here is no body proves this Letter to be my hand, posi∣tively; They only prove it by similitude, and comparison, and belief.

I conceive there is but one Witness, that that Letter was found in Sr T. A's hands. Everis says, he saw a Bill had my Name to it; Sir, you did not know me, nor ever saw my hand.

Everis answered, No, never in my Life.

Mr Hayes then said, 'Tis only an evi∣dence of Reputation; he heard it was my Bill; you saw no Money paid upon it, did you?

Everis, No; but I saw a Letter from Mr Israel Hayes, that gave some account of it.

Mr Hayes said, All this is but Simili∣tude and Circumstance; and I thought in case of Treason there ought to be two Wit∣nesses, and hope you will let it be so here; —here is no evidence but the Letter, and that is not two Witnesses; There is no body has proved, the knowingly, in the Indictment; that runs, that I knew Sr T. A. and his Treason, that ought to be proved, but I am sure 'tis not; your Lordship says that the Indictment and the Proclamation, are sufficient notice, that he was a Tray∣tor; that may admit of Counsel to de∣bate it; There ought to be Witnesses that could shew me to be concerned with him; which no Body in the World can prove; or that I ever saw him; and that Witness, that says he saw the Bill, or this Letter, does not know that I wrote it. There are them that say, they heard of Money paid upon this Bill, but there is not one of them says, he saw any Money

paid; and these are several Witnesses, every one to a several thing.

Here is no proof, but by the East-India Porters, and those who say, they believe this Eetter to be my hand; No body says he saw me write this Letter, or had any Correspondence with Sr T. A.

If they pretend there was Money paid beyond Sea; Is this Indictment well laid; for it is laid to be paid in London? The payment of Money beyond Sea, can be no evidence of the Fact upon this Indict∣ment, for the Jury of London; are to en∣quire of matters arising in London only; If I am to be tryed for payment of Mo∣ney boyond Sea, the fact should have been laid there, and the Tryal were to proceed upon the Statute of 35 H. 8. cap. 2. The Indictment should be taken, by Special Commission, from the King; and the Tryal be in the County, that the King should chuse; I desire Counsel upon this point.

Lord Chief Justice, No, 'tis an idle Whim, and I would fain know the Coun∣sel, that put that foolish Notion into your head.

Mr Hayes. If you will allow me Coun∣sel, you shall hear who they are; I have been informed the Law is so.

Chief Justice. We are of another opinion: If any whimsical Notions are put into you, by some Enthusiastick Coun∣sel, the Court is not to take notice of their Crochets.

Mr Hayes proceeded, and said, The Witnesses are Strangers to me; There is is one that has been sworn, to whom I have paid several thousands of pounds, that says he does not believe it to be my hand; then he called Mr Sturdivant, who looking upon the Letter, said, I do not believe it to be his hand; I have had dealings with him, and he hath given me many Receipts.

Mr Hayes then said, There have been a great many Forgeries; and this Letter is forged; there have been Forgeries so like, that the Persons themselves have not known their own hands.

Chief Justice. Every body knows, that a hand may be counterfeited, very like; in Mr Sidney's Case, Mr Wharton, a young Gentleman, not above one or two and twenty, said, he could under∣take to counterfeit any Man's hand what∣soever.

Mr Hayes then told the Jury, that he

was not a Man of that Quality, to give Sr T. A. 150 Guineas.

Chief Justice. We all know you have been a very† active Man, a busie Fellow about the City; as forward a Spark, as any I know, of a great while. I don't know what you talk of your Quality, but We know your qua∣lifications, you have always been factious and turbulent, against the King and the Government.

Mr Hayes then affirmed, that he nei∣ther gave, nor lent, nor returned, any sum of Money to this Person; and then called Mr Langley, who testified, that a Letter was Counterfeited, and a Bill of Exchange for 450 l. and so exactly like, that if he had not known of it before he saw it, he must have owned it, for his hand; and the party that paid the Mo∣ney, paid it in his own wrong, for he never drew any such Bill.

Mr Hayes added, Mr Common Serjeant had my Books several dayes in his hands,

where there is an Account of 20000 l. between my Brother and me; and if I would set my hand to such a Letter and Bill, and write my Name at length, is it not as reasonable that I should put the Name of Laurence in my Books; and if it were there, it would appear.

Indeed, here is an Account produced, of divers parcels of Money disbursed, in little sums; but, I appeal to the Mer∣chants, whether ever any Bill of Ex∣change, was ever paid, in such parcels; No foreign Bill, was ever paid by 3 l. or 5 l. or 20 l. at a time: it must be paid at the day, or it will be protested — here is a computation of a sum, like to the sum in the Bill; but these are Suppositi∣ons, and not proof.

Then Mr Hayes called Alderman Jef∣fryes, to speak to his Reputation and Conversation; who said, that he had known him many Years, and never knew any hurt by him.

The Chief Justice demanded of the Alderman, whether he had been at any of the Elections at Guild-hall for Mayors or Sheriffs, when Mr Bethel and Mr Cornish and them People were chosen; and whether he had seen Mr Hayes there,

and how he did be∣have himself? A very forward active Man, I will war∣rant you.

Alderman Jeffryes answer'd, I suppose I may have seen him there, but I cannot say any thing to his behaviour.

Then Mr Hayes called Mr Pollet, Mr Lloyd, Mr Wi∣thers senior, Mr Withers junior, and Mr Hugh White, who gave a fair account of his dealing and Conversation. He then said, that he would trouble the Court with no more Witnesses.

Mr Attorney General then said, that he would call one Witness more against him; and ordered Atterbury the Messen∣ger to be sworn, and the Letter was shewed to him.

Atterbury said, that he apprehended Mr Hayes, and brought him before the King, and was present when the Letter was shew'd to him, and the King and Lord Keeper North, press'd him to own,

whether it was his hand or no; and he said, he should say nothing to it, if they could prove it upon him well and good.

Mr Hayes contradicted this Mischie∣vous and Bloody Man, saying, his Ma∣jesty was not there.

Atterbury answered, As I remember, the King was there; but by and by said, he did only imagine the King was there.

The Chief Justice then back't Atter∣bury's Evidence, saying, I was there, what he says is true; you said, I am not bound to accuse my self; 'tis true, you did deny that you knew Laurence or Arm∣strong; and 'tis as true you would not absolutely deny the Letter, but said, you were not bound to accuse your self.

Mr Hayes then said, My Lord, I did hope, that in point of Law, my Counsel should have been heard to those things I mentioned; and I wish you would fa∣vour me in it; But that being denyed him, he addressed himself to the Jury, saying, Nothing has more troubled me, since my Confinement, than the imputation of high Treason, a thing I alwayes detested; I never knew any, the least thing of the Conspiracy, but by the Tryals, or other printed Papers; not one of the Conspi∣rators,

who have come in, or been taken, have charged me in the least; nor did he himself accuse me, with whom I am charged to have this Correspondence. Gentlemen, I desire you to consider, that 'tis my Life is concerned, & I beg you would consider what these Witnesses have testifi∣ed; They are not positive in any respect, nay, there are not two, to any one thing that is charge; Constable says, the Letter was found amongst Sr T. A's Papers; he says no more; and here are not two Witnesses to that; Everis tells you, he saw this Bill, but did not know my hand; There is No body tells you I wrote this Letter, but it is found in another Man's dustody, in another Nation.

Gentlemen, 'tis very hard, that by comparison of hands, a man's Life should be in danger; when, in lesser Crimes, it has been denyed to be good evidence; and none of you can escape the same danger, if this be allowed to be evidence; for your hands may be counterfeited, as well as mine.

If there had been any probability of my knowing him, it had been something; but there is not one that testifies, that ever I knew him, nor indeed did I;

There is a great deal of Circumstance made use of, upon the account of his ac∣quaintance with my Brother, in Holland; but, 'tis strange, there should not be some evidence, of a further Correspon∣dence between him and me, if there were that intimacy, that such a Letter as this doth import.

I must, with Reverence to the divine Majesty say, and I call God, Angels and Men, to witness the truth of it; as I shall answer it to him, before whom, for ought I know, I am quickly to appear; that I never in my Life spoke with Sr T. Armstrong, nor was ever in his Com∣pany, nor ever wrote to him, by the Name of Laurence, or any other Name; And I do solemnly say, in the presence of God, that I never gave, sent, lent, paid, or ordered to be paid, any Money, directly or indirectly, to Sr T. A. or H. Laurence, or to him by any other Name, or to his use; I speak it without any counterfeiting or equivocation.

Gentlemen, There have been Overtures, if I would say some things, that my Life might be saved; and 'tis not to be be∣lieved, that I would run the Risque of my Life, if by speaking the Truth, I could

save it—

The Chief Justice did here appear enraged, and interrupted him, saying, What do you mean by this?

Mr Hayes. I say—

Chief Justice. Ay, but you must say those things that are decent and fit for us to hear; you must not insinuate, as if the Government would make any such Compacts as you talk of.

Mr Hayes. I say that Mr Foster told me—

Chief Justice. If you offer that, I can tell you a Story, that perhaps you will be very unwilling to hear; on my word, 'twill be very unpleasant to hear it; you had better let those things alone, for you will but draw a load upon you.

Mr Hayes. I beseech your Lordship to hear me—

Chief Justice. Yes, I will hear you, provided you keep within due bounds, but we must not suffer these things.

Mr Hayes. I say nothing but this, It has been told me, the way to save my Life is to confess.

Chief Justice. As you represent it, 'tis a reflection upon the Government—you talk of Overtures having been made

you; don't make me say, what I have no mind to say.

Mr Hayes. I say, Mr Foster by Name told me, there was no way for me to escape, but by Confession.

Chief Justice. You had best call Mr Foster, to know how he came to tell you so; If you do, I will tell you of ano∣ther thing, of 4 or 5000 l. that was offered for your escape, you had better forbear, or else I shall put you in mind, of a Bro∣ther of some Body, that is at the Bar.

Mr Hayes, My Lord, I was told that was the way; Gentlemen of the Jury, I have decla∣red to you the whole truth, with all the solemnity that becomes ani n∣nocent Man, & not an ill Man—Be∣sides, that you have

heard, in all this evidence, is nothing but Circumstance and Hear-say; and shall a Man's Life be taken away, for I believe, and I think, or I have heard?

Gentlemen, I know you are my Fellow Citizens and Fellow Christians, and of the same Reformed Religion that I am; and I hope you are sworn into this service without any prejudice against me; but with an impartial Resolution to do Ju∣stice; and therefore I cheerfully leave the matter with you; I am sure, that if God help me and deliver me in this Exi∣gency, that it is he and you under him, that preserve my Life—

Gentlemen, The great Incertainties, Improbabilities and Consequences in this case, I hope will be weighed by you; and make you the better to consider the proof, which is made, by none but such as are Strangers to me; since then, they know me not, I hope you will weigh it, before you give it against me; We must all dye, and I am sure it wil be no grief to you, to acquit a Man that is innocent; I leave it with you: The Lord direct you.

Then Jenner the Recorder, to aggra∣vate the matter spoke thus; The Trea∣son charged on the Prisoner, is of that

sort, that if he be guilty; he will be a just example, to terrifie others from do∣ing the like; for if Traytors had not persons to supply them with Money abroad, it may be, they would not have so much Courage to run away.

We have satisfied you, that Sr T. A. was indicted, that an Exigent was gone against him, upon that account; here was a Proclamation, and Sr T. A. named in it; and so, at his rate of talking, the Re∣corder repeated the Evidence of the Wit∣nesses, and concluded.

Gentlemen, We think that his defence has been so little, and our proof so strong, that you have good ground to find him Guilty.

The Chief Justice, then summed up the matter to the Jury, in a Speech of of a vast length, which was in substance this.

Gentlemen of the Jury, This is an In∣dictment of high Treason, against the Pri∣soner at the Bar; and you are to try it, according to your evidence; The Pri∣soner's affirmation of his innocence, is not to weigh with you. Nay,

I must tell you, I cannot, but upon this

occasion, make a little Reflection upon several of the horrid Conspirators, that did not only, with as much solemnity, imprecate Vengeance upon themselves, if they were guilty of any Treason; but thought they did God Almighty good service in that hellish Conspiracy: It is not unknown, one of the Persons pro∣scribed in this Proclamation, did declare, they should be so far from being esteem∣ed Traytors, That they should have Tro∣phies set up for them; and all this, un∣der the pretence and enamel of Religion: Nay, I can cite to you, an instance of another of the Conspirators, that after a full and evident proof, and plain Con∣viction, of having an hand in it, when he comes upon the Brink of Death, and was to answer for that horrid fact, be∣fore the great God, he blessed Almighty God, that he dyed by the hand of the Ex∣ecutioner, with the Ax, and did not dye by the Fiery Tryal: He blessed God, at the place of Execution, that he dyed a Traytor against the King and Government, rather than dyed a Martyr for his Religion.

I think it necessary to make some Refle∣ction upon it, when Men under the pre∣tence of Religion, are wound up to that

heigth, to foment Differences, to di∣sturb and distract the Government, to destroy the Foundations of it, to mur∣der his sacred Majesty, and his Royal Bro∣ther; and to subvert our Religion, and Liberty and Property; and all this car∣ried on, upon pretence of doing God good service.

You are to go according to evidence; as the Blood of a Man is precious, so the Government also is a precious thing; the Life of the King is a precious thing; The preservation of our Religion is a pre∣cious thing; and therefore, due regard must be had to all of them.

I must tell you, in this horrid Conspi∣racy, there were several Persons, that bore several parts; Some, that were to head and to consult; there was a Coun∣cil to consider; Others were designed to to have a hand, in the perpetrating of that horrid Villany, that was intended upon the Persons of his Sacred Majesty and his Royal Brother, and with them, upon the Persons of all his Majesties Loy∣al Subjects, that acted with duty, as they ought to do; There were others, that were to be aiding and assisting (as in the case of the Prisoner, if you find him

guilty) aiding, abetting, assisting by Money, or otherwise, or harbouring any of those Persons, that were concerned therein.

Then he recounted the Evidence given against the Prisoner, and made such Re∣marks upon the same, as he thought fit.

The Jury withdrew, and spent two hours in consideration of the matter; and then re∣turning, gave their Verdict (to the dis∣appointment and vexation of the Chief Justice, Common Serjeant and others) that the Prisoner was Not Guilty.

Mr Attorney General thereupon said, My Lord, tho' they have acquitted him, yet the Evidence was so strong, that I hope, your Lorship and the Court will think fit, to bind him to his good beha∣viour, during his Life.

The Chief Justice answer'd, Mr At∣torney, that is not a proper Motion, at this time.

So the Prisoner was discharged, after he had been imprisoned five Months.

Tho' Mr Hayes, to the eternal Ho∣nour of some good Men, who were upon his Jury, came off with his Life; he was by this Prosecution, beaten out of as

good and valuable a Trade, as most Lin∣nen Drapers in London had; and was, by consequence, highly impaired in his Estate.

About the same time, Mr Roswell, a very worthy Divine, was tryed, for Treason∣able Words in his Pulpit, upon the Ac∣cusation of very vile and lewd Informers; and a Surry Jury found him Guilty of high Treason, upon the the most villa∣nous and improbable evidence, that had been ever given, notwithstanding Sr John Talbot (no Countenancer of Dissen∣ters) had appeared with great genero∣sity and honour, and testified, that the most material Witness, was as scandalous and infamous a Wretch as lived.

It was at that time given out, by those who thirsted for Blood, that Mr Roswel and Mr Hayes should dye together; and it was upon good ground believed, that the happy deliver ance of Mr Hayes, did much contribute to the preservation of Mr Roswel; tho', it is very probable, that he had not escaped, had not Sr John Talbot's worthy, and most honourable detestation, of that accursed Villany; prompted him, to repair from the Court of King's Bench, to King Charles the

second; and to make a faithful repre∣sentation of the Case to him; whereby, when inhumane bloody Jeffreyes, came a lit∣tle after, in a transport of Joy, to make his Report of the eminent service he, and the Surry Jury had done, in finding Mr Roswel guilty; the King (to his dis∣appointment) appeared under some re∣luctancy, and declared that Mr Roswell should not dye. And so he was most happily delivered; and being, by this remarkable Providence of God, still alive; he would (at least in my opinion) do a very useful and seasonable piece of service to this Age, and to those which are to succeed; in publishing a full Ac∣count of the whole Proceedings against him.

Notes

• But like good Men, they took all the care they could, to stop the Fountain of Blood, that to the scandal of the Nation had too long issued from the Old-Bayly.
• Query, if not the same Peircehouse in the Pannel of the Jury.
• The Common Serjeant, as hath been elsewhere observed, upon the dis∣covery of Keeling's Plot, in 1683, boasted what work that Plot would make, when it came into the City; We now have him pulling it into the City, by Head and Shoul∣ders; and find him, in this Case, appearing and exerting himself, in a three or four sold capacity, (viz.) the Manager, (if not Contriver) of this prosecution; and a Counsel, Solicitor, and Witness, against the worthy Citizen, now designed to de∣struction.
• It was in Tri∣nity Term 1669. Anno 21 Car. 2.
• †

  The resolution in that day, was to enslave the City & the Nation, and every one who was found to withstand it, was treated with this sort of Language, and then made a Traytor, if they found an op∣portuniry, unless by chance, as in this case, a Jury failed them.
• It is true, that he was, upon every occa∣sion, active in the main∣tenance of the City-Rights; and his Lord∣ship, and the Common Serjeant had ever been as forward Sparks on the other side; & that made them so intent, upon the destruction of every well deserving, worthy Citizen, whom they could draw under an Accusation.
• The Story of the 4 or 5000 l. was this, an eminent Papist, very ac∣ceptable to King Charles the second, undertook to some of the Friends of Mr Hayes, that a Pardon should be had, for 4000 Guineas to the King, & 1000 to himself; but he afterwards declared, that the King had re∣fused him therein, and told him, that he was advised, that he had better give that Popish Friend 4000 l. out of the Exchequer, than par∣don Hayes; but that he gave his Royal Word, that the Overture should not hurt Mr Hayes; ne∣vertheless, the murdering Adviser of that King, doth here publish it, to insinuate the Prisoner's guilt.