case the king against layer Wednesday October see the statute Geo c a the  court will not order a prisoner indict for high treason to be unfetter at the  time of his arraignment or because be be confine in the tower but during his  trial his iron ought to be take off unless there be danger of a rescous or  escape S c saint Tr S c saint Tr S c fort S c Fost christofer Layer be commit  to the tower for high treason in compass the death of the king and a  indictment have be find against he at Rumford in Essex before special  commissioner of oyer and terminer and be remove hither by certiorari be  afterward bring up by habeas corpus to the bar and arraign upon the indictment  modern report er p Hungerford and Kettleby who be assign his counsel move that  the iron may be strike off his leg and instance the case of Gordon king and  other where it have be so do before they plead and argue that he be not oblige  to plead until his fetter be take off Cranbourns case Inst mirror c S Kelynge  a and that it be the opinion of the late chief justice holt that it ought to  be so do that this person be the first tower prisoner that ever have iron on  his leg and that there be no such instrument there until now bring from  Newgate the prisoner himself move that the iron may be take off before be  plead because lie in his clothes all night and other inconvenience occasion by  those iron be so painful to he that he be deprive of his rest have not the  free use of his reason that he hope to have a fair trial as allow by the law  without any undue severity and he complain of some ill usage as he be bring to  the hall the court answer that they can not take notice of such ill usage  because they do not know by who it be do and as for the iron be take from his  leg it be true that it be do in those case cite by his counsel but it be where  the prisoner have plead to their several indictment and be to be try on the  same day and that it will be to no purpose to insist on this matter modern  report for so little a time as the prisoner now have to stand at the bar and  as for take they off in the tower the court will make no order because if they  do it may be a excuse to his keeper if he the prisoner shall escape therefore  it must be leave to his keeper discretion how to use his prisoner especial  since he have already attempt to escape the court then recommend it to the  prisoner counsel that if they have alley exception to the indictment they will  now show what those exception be whereupon they make the exception follow  Mispelling false Latin nonsense and surplusage and that there be insignificant  and insensible word in the very commission by virtue whereof this indictment  be find as abundantly reality the word be et per quos well per who who well  who when as et quomodo et de other point of time et encircling position  prmissa et the dawn quodlibet seu the dawn some well aliquan no matter how to  mix abundantly reality b which word can be construe to any manner of sense but  as to the fault object to the commission by virtue whereof this indictment be  take it be answer and resolve that this court have no power over it so as to  quash the indictment and though the objection be that abundantly reality can  be construe in any manner of sense yet by transpose the word it may be make  good sense they be in the recital of the commission of the caption of the  indictment and must refer to the former word ad inquirend they be insert in  the form of a commission publish in a treatise allow by all the judge call a  collection of all statute relate to high treason compose for the assistance of  the justice in Scotland but Hungerford say that the authority of that book be  deny by all the judge except Pratt chief justice in the case of matthews for  it be resolve that a panel of the jury deliver to the prisoner charge for high  treason without any addition or place of abode be sufficient contrary to that  treatise the late Mr I foster observe that the little tract entitle the method  of trial of commoner in case of high treason publish in the year by order of  the house of lord direct that the addition of dwellingplace and profession of  the juror be insert in the copy of the panel but that the Act et c do not  require that exactness and that the practice be otherwise Fost discontent high  treason chap p see matthews trial saint Tri No so qure which be the book  allude to note to former edition b first as to the misspelling the prisoner be  call in the indictment christopherus with a e when it shall be with a oh as  Christophorus it be answer that they do not know what his name be and probable  he may be baptise by that name but if he be not it may be plead in abatement  and though the lexicon and dictionary may warrant Christophorus to be the  right name yet the other may likewise be a name of baptism the court as to the  misspelling of the prisoner name he may plead that modern report er p matter  in abatement for be may be as well modern report know by the name of  Christoferus as by the name of christofer and this objection deserve no other  answer second it be object that the word in this indictment be that he the  prisoner compassavit imaginalus fitit et intendeba ad sancram mask domini king  capiend seisiend et imprisonand now here the conjunction copulative et shall  have join the word intendeba to the same mood and tense but instead thereof it  be join to verb of the preterperfect tense c therefore it make incongruous  Latin and improper in a indictment and make it vicious the court it be not  true the verb be not all in the same tense but though they be not and the  preter tense be couple with the preterperfect tense yet that be not material  and shall not make this indictment nought either word be sufficient to charge  the defendant with the intent of compass either overt act be sufficient three  it be object that the word ad seisiend the king be a insignificant word not  know in the law or in any Latin author and for these reason this indictment  ought to be quash and the rather because all form of indictment especial in  high treason ought to be very certain the court as to the word ad seisiend it  be only a overt proof of the design it be well enough if any proof be make of  a overt act of the thing lie in the indictment beside it be not a word unknown  in the law for it be use every day in the court of exchequer where seisire  facias be word in a writ send to the sheriff and he return seisiri to make  Seisiend be a proper word but without it there be sufficient to charge Mr  Layer the objection be overrule he be demand to plead the prisoner plead  misnomer in abatement and his plea be receive read and file afterward he be  send back to the tower and order to be bring again to the bar on Saturday on  the morrow of all soul and be accord bring up on that day namely the three of  November the attorneygeneral demurrer to the plea and pray that the prisoner  may join in demurrer the counsel for the prisoner desire time to reply or to  join in demurrer and the rather because in fitzharris case vent saint Tr saint  Tr show a four day be give by this court which be some proof that it be the  course of the court to allow time to plead in such case the chief clerk of the  crown office be thereupon ask what be the custom of the court in this matter  answer that in criminal case there be precedent where upon demurrer time be  give to join in demurrer but never in capital case the counsel for the  prisoner thereupon argue that if time be give in criminal case a strong it  shall be allow in capital case the king counsel reply that no instance can be  give where in capital case a day have be allow to join in demurrer because the  prisoner can do nothing else therefore where he plead in abatement he shall  always be prepare to maintain his plea as to fitzharris case it be rather a  authority against the prisoner than for he for that be a plea to the  jurisdiction of this court to which there be a demurrer and fitzharris  immediate join in demurrer it be true in the present case life be concern but  not so immediate and this plea be so frivolous that it scarce deserve a answer  it be only a pretend mistake of a letter in the prisoner name of baptism when  there be uncontrollable authority that it be spell both way and notice be give  of modern report this demurrer yesterday and a copy thereof send to each of  his counsel so that great indulgence have be show to he than former to  fitzharris or to Lord Preston who upon his trial at the oldbailey before the  chief justice holt for high treason plead his patent of peerage but be deny  time to produce it the counsel for the prisoner admit this but the reason why  time be deny to produce the patent be because Lord Preston plead that it be  date at saint germane and it will have be a dishonour to the court to proceed  in the examination of letter patent grant by the late king James after his  abdication because every act do by he afterward as king be absolute void  modern report er p the court upon the whole matter hold that time be never yet  give in capital case in capital case no rule be give either to plead or to  join in demurrer but the prisoner be at the bar be oblige to answer immediate  for all the proceed be instanter and therefore capital case differ from other  criminal case not capital note to the former edition a to join in demurrer and  say that what be now offer as a plea be first offer as a exception to the  indictment and that the prisoner counsel be then ready to argue it as a  exception and why not now when it be a plea it be true they have mention  fitzharris case as a instance where four day be allow b this court for he to  join in demurrer but that be so far from be a case in point it wide differ  from the present case for there the cause of delay and contest be between the  prerogative of the king and the privilege of the house of Commons which be  extraordinary thing and to be well consider before fitzharris can be try now  in the present case the prisoner can withdraw his plea without leave of the  attorneygeneral who have demurrer to it the prisoner have nothing more to do  than to join in demurrer and all the proceed in such case be instanter the  prisoner answer that he do not affect any unreasonable delay but that he be  Willing to withdraw his plea in abatement and to plead in chief though he have  a joinder in demurrer ready engross he do accord withdraw it and plead by the  name in the indictment christopherus the prisoner move for a rule that his  wife and sister may be permit to visit he under such restriction which the  court shall think fit and a rule be about to be make that his wife may come to  he be first search but as to his sister that it shall be leave to the  discretion of the keeper it be object against this rule by the counsel for the  king that the like have never be make it be deny to fitzharris and only a  intimation give to the keeper that it may be expedient for his friend and  relation to visit he modern report but the chief justice say that it be true  the wife of fitzharris be deny to come to her husband probable because she  have misbehave herself by throw his plea into the court when it be not sign  and it be now affirm that there have be rule make by this court of the like  nature but if there have not yet it be in the power of the court to make a  rule to oblige the keeper to permit the prisoner friend to come to he under  proper restriction and a rule be make accord for his wife to be admit in the  presence of the gaoler and after be search Pengelly king sergeant on the  fifteen of November move the court to appoint a time for the trial the court  the process must be returnable at a common day the indictment be remove by  certiorari the last return in this term but one be in eight day of saint  Martin and then the trial may be the quarto die post which will be the  twentyfirst of November the prisoner desire a further day the court say that  can be for the jury can be adjourn beyond the return the prisoner then move  notice have be give for a subpoena ad to make a witness to be direct to his  witness and for a habeas corpus ad to make a witness to bring up Lord orrery  and Lord north and grey who be then prisoner in the tower for high treason the  court such writ have former be grant of course at a judge chamber but the  inconvenience may be so great that a affidavit ought to be first produce that  they be material witness otherwise at such a trial under such a pretence there  may be a general gaoldelivery of all prison in the kingdom but sir Philip York  attorneygeneral the next day consent to such writ without any affidavit the  court however make a general rule that no habeas corpus of either side civil  or crown shall be grant hereafter without affidavit that the party to be  subpoenad be material witness and bid the officer take it down and the court  modern report er p declare that they may on the circumstance of the case  refuse to grant such writ of habeas corpus the prisoner likewise move for a  rule that he may have copy of all the paper in the keep of the secretary of  state which be intend to be produce in evidence against he to which it be  answer that it be time enough for such a motion so he be remand to the tower  and his trial order to be on Wednesday the twentyfirst of November at which  day he be bring to the bar and try his iron be first take off the jury be call  by the clerk of the crownoffice and the prisoner be desire to except against  as many as he think fit so far as the law allow the prisoner thereupon move  that the panel may be call over that he may know who appear and who not which  after some opposition be do the clerk then call over the whole panel the  prisoner challenge thirtyfour peremptory and two more principal for say in  Essex that they hope to see he hang and he challenge four more for want of  sufficient freehold within the county within the meaning of the statute will c  see also will mary c a by which it be enact that they must have ten pound per  annum which challenge be allow but per curian be servant to the king or farm  anything under the king be no cause of challenge the attorneygeneral then  challenge eight for the king but he be not by law oblige to show any cause of  such challenge before they have go through the panel and the juryman not  challenge be swear see Edward common call a ordinance for inquest hawk p c ch  S b for if those who appear be not enough to make up a jury then those eight  may be swear but the jury be full without they and now swear the first witness  produce against the prisoner be one Stephen Lynch who depose that he and the  prisoner do often consult together and propose method how to seize the tower  and the Lord Cadogan the Lord Townshend and Mr Walpole sir Robert Walpole c  and the bank of England and to give the arm in modern report the tower to the  prisoner and other in the mint and to the mob and likewise to seize the king  and the prince and that on the twentyfourth day of August last the prisoner  read a declaration and give it to he this witness to read at the sign of the  greenman in laytonstone in Essex this be the overt act which be lie in the  county of Essex d which be to be send all over England as soon as they have  seize the city of London that be this witness be the person appoint to seize  the Lord Cadogan and that he be to have as many man as he shall choose for  that enterprise and that accord be this witness and the prisoner go to view  that lord house to who the prisoner pretend that he have a authority to sell a  estate c and far he depose that he get ten guinea of the prisoner to defray  his charge until they can put their design in execution which be to be do as  soon as the soldier who be then encamp in HydePark shall break up that these  consultation be carry on between the prisoner and this witness for a whole  month yet the prisoner never tell he who be to be the general officer though  he go with he to the Lord north and grey house but not a word speak there of  their scheme where this witness be introduce by the prisoner and receive very  kind the next witness produce against the prisoner be a soldier sergeant  plunket who depose that in July last he meet the prisoner in lincolnsinnfields  who there tell he of this scheme which be then in agitation to bring in the  pretender and if he this witness can procure some soldier who be then disband  to listen themselves in the pretender service then they shall be able to  regulate the mob upon any insurrection and tell he that the Lord n and g be to  be their general and that he will head the insurrection that the prisoner then  give he halfacrown and promise to send he more money to listen man that  afterward he modern report er p receive halfaguinea of one jefferies a non  juring parson who tell he that Mr Layer be in the country and have send that  money to he that in a little time afterward he have a letter leave at his  lodging by the say parson that Mr Layer be come to town and thereupon this  witness go to he at the CastleTavern in drurylane where Layer tell he that he  have send a whole guinea by the parson and wonder that he have receive but  half and no more and then he the prisoner tell this witness the whole design  and that some of the great man in the kingdom will come into the scheme and  though be this witness acknowledge that he can neither write or read yet be  remember the content of the letter which he have receive three month since and  which one of his comrade do read to he the next witness be mrs mason who  depose that the prisoner leave a bundle of paper with her for safe custody  which be seal with a head that the bundle so leave with her be not open until  the messenger seize it at her lodging and that the bundle now produce in court  be the same which be leave with her by the prisoner she have mark it in a  particular manner and the messenger depose that it be the same bundle he seize  at her lodging then the messenger who apprehend the prisoner depose that there  be two fuzee two case of pistol two sword two musket and about forty or fifty  cartages of powder and bullet in the prisoner house make ready for any  enterprise and one colonel husk depose that the fuzee have such wide boar that  they will swallow a musketball and serve very well for that purpose then Mr  squire the messenger and other make oath of the manner of the prisoner escape  from he out of his the messenger house and of his be retake in saint George  field in Southwark mrs mason far depose that she have receive several letter  by the order of the prisoner which be direct to one Mr fountain which letter  be deliver by her to the prisoner and open and read by he and she be now ask  whether she can read she reply she can not but that her landlady tell her to  who those letter be direct then one Mr doyley depose that some paper which be  in that bundle be as be believe of the prisoner handwriting for that he this  witness be acquaint with his hand he be his clerk about fourteen year since  and that he have receive a letter from the prisoner about five year pass which  he believe be write by he the paper be produce to be read the counsel for the  prisoner oppose their be read because similitude of hand be no evidence and  some case be cite to prove that matter but this be overrule by the court who  be of opinion that if these paper be not write by the prisoner yet be find in  his custody they ought to be read and so it be resolve in Lord preston case  state trial see also foster and burr Rep a modern report then the paper be  deliver to the clerk of the crown and he read a scheme consist of fourteen  article how to surprise the tower how to provide arm where to rendezvous and  several other article c then he read ten note sign by the pretender himself Ja  king and those be to raise money for this undertake then several letter be  read all write by sir William Ellis who be secretary to the pretender and  subscribe Eustace Jones and direct to Mr fountain which letter be decipher by  some other paper find in this bundle videlicet that paragraph to provide able  workman be explain to provide able soldier and the able hand of Barbara smith  be explain the army that Eustace Jones be sir William Ellis and Mr Atkins be  the pretender that Mr Burford be the earl of ory and Mr simonds be the Lord n  and gy then Mr Stanian and Mr Delebay who be present when the prisoner be  examine before the Council at the cockpit offer to give evidence of the  prisoner confession there but this be oppose by his counsel for that he have  not sign any confession and probable some unguarded word may drop from he at  that time which may amount to a crime if give in evidence modern report er p  the court thereupon declare that it be no evidence but that the witness shall  be examine as to what he confess there as a corroborate circumstance of the  evidence already give those witness be swear depose that the prisoner confess  he have be at Rome and that he be kind receive at the pretender court and that  he pray to have credential to his friend in England which be deny but that he  obtain leave that the pretender and his spouse will stand godfather and  godmother to the prisoner child and that after he return into England he apply  himself to the earl of ory to stand proxy for the pretender which he refuse  then he make application to the Lord n and gy who with the late duchess of ord  stand proxy they far depose that be ask what he know of the pretender  declaration he answer that he only know some head of it a woman be then  produce who depose that she see the prisoner at Rome in July last be  twelvemonth and that he be kind receive at the pretender court modern report  this be the substance of the evidence against the prisoner he now make his  defence and first the Lord north and grey say that be never see Stephen Lynch  but only when he come to his house with the now prisoner where he stay one  night and no long and that he find by his discourse that Lynch be a scandalous  fellow and come afterward to his house when the prisoner be take he be forbid  to come in there be several other witness who give a infamous character of  Lynch Plunkett and mason videlicet that they will say and swear any thing and  that they will hang a man for twopence and two of the witness for the prisoner  swear positive that Lynch tell they that he have get some money from the  bastard daughter of one of the first man in England another witness depose  that Lynch tell he that he be unfortunate bring in to impeach the prisoner and  that he have rather fight any six man in London than do it but that be engage  in it he must go through and that he have nothing to say against any person  but against the prisoner and nothing against he but talk and another witness  depose that Plunkett tell her that the money he receive of the prisoner be  rather for charity than for any service do to he former and that he Plunkett  can hardly make the prisoner remember their former acquaintance then two  witness be produce who depose that the paper which be swear by Mr doyley to be  the prisoner handwriting be not so then Mr Paxton produce a paper find in the  bundle which the prisoner witness own to be his handwriting and this be  compare with the other paper which they have swear not to be of his  handwriting whereupon the prisoner observe to the jury that similitude of hand  be a very weak evidence and say if such evidence and such witness shall be  allow it be impossible for any man to be safe sir Philip York attorneygeneral  reply set forth the greatness of the offence and the plainness of the proof  and make several remark on the evidence on both side and say that the  indictment be prove beyond contradiction and that the witness produce to give  a character of Lynch c want witness to their own character and that one of  they videlicet James darcy have swear he know the prisoner modern report here  last winter when be do not come into England till last April that the witness  seem to be people rake out of the mint for a certain purpose but that the  witness for the king be person of credit and to prove they so several credible  person be call the first be a vintner who depose that he have know Lynch about  four month in all which time he be frequent at his house and have behave  himself very honest and be ask whether Lynch owe he any money he reply that he  do owe he l S d which he pay not long since there be likewise several officer  call to Plunketts character Pratt chief justice sum up the evidence on both  side and conclude with direct the jury that if they believe there be a  overtact of treason in the county of Essex and that it be prove by Lynch and  confirm by the confession of the modern report er p prisoner and if there be  any overtact in another on a indictment for high treason in conspire the death  of the king if several overtact be lie and some be prove by one witness to be  do in the county where the party be indict and other be prove by another  witness to have be commit in a different county that evidence be sufficient to  maintain the indictment they be two witness of the same species of treason  within the meaning of the law Kelynge Stafford trial five jesuits trial note  to former edition a county as his listen or employ any to listen or engage man  in the pretender service they shall find the prisoner guilty and they be go  from the bar return in the space of halfanhour and bring in their verdict  guilty the prisoner be then remand to the tower and order to be bring again to  the bar on the Tuesday follow be the twentyseventh day of November which be do  his counsel then move again that his iron may be strike off which not be  oppose be likewise do the court direct that if they have anything to offer in  arrest of judgement this be the proper time and they shall be hear thereupon  they move that the venire facias for summon the jury may be read this be  oppose by the king counsel as a thing without precedent therefore if it shall  be now allow it may be a precedent hereafter not that they fear to have it  read but will not make a precedent to give the court any trouble both now and  hereafter and the rather because what be now desire do not concern the merit  of the cause but be a collateral point and of no great weight the court say  they will not deny the prisoner anything to which he be entitle by law and  which may do he any service in his present circumstance but that if what be  now the prisoner at commonlaw be not entitle to demand anything to be read but  the indictment and will c have make no alteration as to the process see Fost  Cr law note to former edition a desire be never yet grant to the great person  under the like misfortune there can be no reason to grant it to he modern  report it be true the indictment be a thing on which the merit of the cause  depend and therefore the court admit it to be read to the prisoner but not the  venire facias for that be never yet allow the objection to it if it have be  read be that it be returnable in eight day of saint Martin and the prisoner  not be try on that day in such case if it be not continue to the day of trial  they be out of court and so this jury have no more authority to try the  prisoner than those who be never return on the panel because the  discontinuance make the trial erroneous for wherever there be a discontinuance  of any return the whole proceed be wrong the court ask the clerk of the crown  how the practice be in such case the clerk of the crown answer that it be as  in the present case and that be never see a venire facias continue because the  jury be always suppose to be in court till the four day be pass and there  never be any continuance within the four day the counsel for the prisoner  reply that it may be so in civil or criminal case but not in capital cause  because in such the law require the utmost certainty curian contra there be a  day of appearance on the venire facias and the proceed be like those on a  original in case the jury do not appear on the venire facias so that a  distringa be award it always bear testae the quarto die post after the return  of the venire facias the jury be never bind to appear till the quarto die post  they may adjourn the jury over to any day before the next return in the term  but no entry be ever make on record of such adjournment for the proceed be  enter to be at the return of the writ Rookwoods case be so for on a commission  of oyer and terminer there be no quarto die post nor day of appearance but the  day of the return of the writ and the court be of opinion that if this be a  good objection then many proceed in the like case will be set aside modern  report er p the prisoner then observe that all the proof against he at the  trial be a design to levy war but that it never be actual levy and that a  design or intention to levy war be not treason it be true a intention to kill  the king be treason if prove by some overtact and here the indictment be for a  design to kill the king and the overtact which they will apply to it be a  design to levy war which he say be not a overtact of his design to kill the  king but the court be not of that opinion this very point be settle above a  hundred time ever since the case of the regicide so late as in the case of the  king v Gordon in the first year of George the first and ought not to be permit  to be dispute where a intention to levy war be adjudge to be a overtact of a  design to kill the king the counsel for the prisoner answer that in France  case state trial b it be only argue whether a intention to levy war shall be  give in evidence as a overtact of a intention to kill the king which be not  the present case because now that very matter be move in arrest of judgement  where all the stress must be lie upon it that possible may be lie which be not  requisite in France case because he be acquit but this objection be overrule  the next thing in arrest of judgement be that the overtact in Essex be not  well lie in this indictment for it be that be the prisoner wickedly et  proditory publ cavi a certain scribe c continent et purportant inter alian a  exhortation incitement and promise of reward c when the very modern report  word and not the purport of they ought to be lie in the indictment as it be  resolve in doctor sacheverel case saint Tr c that in all accusation the word  suppose to be criminal ought to be insert   light a d curian contra the word  themselves need not be set out it be sufficient to show the substance or  effect of they and by Eyre justice the opinion of the judge in doctor  sacheverel case be a great surprise to Westminster hall be never so adjudge in  any book and holt chief justice hold that a indictment specify the word of the  substance be goodTrinity term will king v Griepe ld ray see also Haley case  mich term car a so that opinion to I seem wrong be without any foundation and  it be adjudge by the court that if but one overtact be well lie judgement must  pass against the defendant so hold in Rookwoods case see foster c l b the  counsel for the king argue that in capital case it be sufficient to lie the  purport of the word in the indictment and that it be the opinion of the late  chief justice holt that in all case for scandalous word it be the safe way to  lie the purport of they in the action because then the special matter may be  give in evidence it be true in criminal case the very word ought to be lie in  the indictment but not in capital case for suppose a man shall get upon  charingcross and read a declaration for the pretender this will be treason  though the very word can not be lie in the indictment the counsel for the  prisoner admit all this because the proclaim the pretender will be high  treason but in the present case the prisoner only give a paper to Lynch to  read which be not a publication of that paper the court this paper be a  scandalous and treasonable libel which the counsel for the prisoner at his  trial call a ballad and say that it will amount to no high a crime than to the  publish a libel for which they ought to have be reprove at that time but it be  pass over because it shall not be say but that they have all manner of  indulgence and now be ask whether they have any thing more to say in arrest  they reply they have not the prisoner then say that he have several account to  make up with several person and particular with Lord Londonderry and that he  hope he may have a little time allow for that purpose because he will do  justice to all man and modern report er p that he have a great account to give  to his maker and hope that he may have some reasonable time allow in that  respect and then if the king be not please to continue his life he will  convince the world that he dare to die like a gentleman and a Christian and to  appear before that just judicature where he hope to have a double portion of  that justice which have be deny to he here Pratt chief justice then give  sentence thus Christopher Layer you be convict of high treason and on a very  plain proof you have counsel of your own choose and a jury of your own admit  for you except against thirtyfour only the fact which be prove against you be  your frequent correspond with the pretender and a treasonable scheme of your  own handwriting your confession before the council show that the tower of  London be to be seize and also the bank of England and the general of the army  modern report and other the king friend and likewise his royal person and all  the royal family and that a declaration be to be send to alarm all part of the  kingdom and all this be to be do to a king who never offer the least wrong to  any of his subject but who take all possible care to maintain the law and to  preserve the right and liberty of the people which law be make the measure of  his government and you have endeavour to set a popish pretender on the throne  who will produce despotic and arbitrary power and all this do by you who be a  professor of the law and who can not be a stranger to the happiness of our  present constitution but now you stand for judgement which be that you be  carry from hence to the place from whence you come and from thence you shall  be draw to the place of execution and there to hang but not till you be dead  but be cut down alive and your entrail cut out and burn before you and your  head to be cut off and your body divide into quarter and both your head and  quarter to be dispose as his majesty shall think fit the prisoner desire that  his wife and sister may have leave to come to he and that Mr Morgan and Mr  Jones two clergyman may be admit to he but Mr Jones not be in town he choose  another and have a rule for that purpose on Wednesday the twentyeighth  November the attorney and solicitor general move for a rule for his execution  and that the court will appoint a time and place for that purpose and say that  the chief design of execute such criminal be to be a example to other not to  offend in the like manner and to deter they from commit treason and therefore  they move that the execution may be in Middlesex especial since overtact be  prove in Middlesex though the fact be do in Essex and say that there be many  precedent for execute criminal in such place as this court shall think proper  and that the reason be strong in case of high treason than it will be for  felony because the king have a great property by the judgement in the body of  a traitor than of a felon he have power to dispose of the four quarter as he  please curian it seem reasonable for all punishment be intend for example and  a execution must be the great example where there be the great concourse of  people the court ask the clerk of the crown if he know any such precedent who  reply that doctor Lopez convict of treason in queen Elizabeth time in  Berkshire be execute in Devon so Lord Audley in Charles the first be time be  execute in Middlesex for a fact commit in Wiltshire so dale in king James the  second time be convict of a felony in Berkshire but execute in Devon two other  late precedent be mention and that it be daily experience for a person convict  of perjury in Middlesex to stand in the pillory at the royal exchange so a  rule be make to the lieutenant of the tower to deliver the prisoner to the  sheriff of London and Middlesex and another rule to the say sheriff to execute  he on Wednesday December the twelve at Tyburn the king counsel then move the  court to alter the rule make the day before for Mr Morgan the clergyman modern  report to attend the prisoner for that he be take into custody upon suspicion  of treason and have give bind to appear in court this day the court answer  that any clergyman shall be admit to the prisoner who be a person of know  honesty integrity and learning but not such who may harden he in his iniquity  in his last moment so two more clergyman be join in the rule modern report er  p afterward and on the very day before he be to be execute he have a reprieve  by his majesty warrant and so continue to be reprieve until Friday the eight  of February when the attorneygeneral move for a rule to be make on the  lieutenant of the tower to bring up Mr Layer to know what be can say quare  performance non c there be someHolt chief justice cite Knightley case who be  indict for high treason in conspire the assassination of king William the  three and be arraign at the bar in the king bench confess the indictment and  judgement of death be pronounce against he in easter term and execution be  countermand so that Trinity term pass and then in the long vacation they have  a design to execute it and upon that all the judge of England meet to consider  what can be do and it be resolve by all that in regard a term have intervene  without execution do it can not be award without bring Knightley to the bar  and holt chief justice say that it will have be the same thing if Trinity term  have not be pass but only begin so Knightley be imprison until Michaelmas term  and in the mean time he obtain a pardon ld raym doctor Hensey be convict at  the bar of the court of king bench of high treason in adhere to aid and  correspond with the king enemy Trin Geo burr Rep he be order for execution  upon Wednesday July Trinity vacation burr Rep the prisoner be reprieve by the  king before the day of execution the better opinion be that be can not be  execute without a new rule of court of king bench but in the mean time be  obtain his pardon which he plead in the king bench in mich term note to the  former edition a opinion that be can not be execute by virtue of any warrant  sign by the king but that a new rule must be make in the court of king bench  for his execution the prisoner be accord bring up on Monday the eleven of  February and have nothing to say in bar of execution Mr attorneygeneral desire  a rule may be make for award proper writ for his execution on Wednesday the  twentyseventh march which be accord grant before which day he be further  reprieve to the three day of may and afterward another rule be make to execute  he on the seventeenth day of the say month of may which be do accord at Tyburn  michaelmas term the nine of George the first in the king bench sir John Pratt  Knt chief justice sir Littleton powys Knt sir Robert Eyre Knt sir John  fortescue aland Knt justice sir Robert Raymond Knt attorneygeneral sir Philip  York Knt solicitor general