THE Compleat Trial, &c.
MR. Doright the town Clerk, order'd Mr. Love Money, the Jaylor, to set saucy alias Swaggering John to the Bar, and there holding up his right hand, he was arraigned, and on his arraignment pleaded not guilty, the jury being severaly called, after many Challenges, the under named persons were impannelled.
- Mr. True Heart,
- Mr. Belief,
- Mr. Upright,
- Mr. Hate Bad,
- Mr. Love Good,
- Mr. See truth,
- Mr. Goodword,
- Mr. Humble,
- Mr. Moderate,
- Mr. Thankfull,
- Mr. Loyal,
- Mr Union.
The Names of the Wittnesses were
- Mr. Yea, and Nay,
- Mr. Faithfull,
- Mr. Trusty,
Stephen Bennet, and Jonathan Nicolls Esqrs, City and County Sheriffs.
Clerk. Saucy alias Swaggering John, hold up your Right Hand: thou art here indicted by the Name of Saucy alias Swaggering John, of this City Lyar, for that you not having the Fear of God before your Eyes, but being lead by the instigation of the Devil, did on the 1st Day of October last past, in the Presence of Numbers, of His Majesty's most [Page 6]faithful and loyal subjects assembled at the Court-House, then and there in great Rage with Malice at Heart, Curse the Most sacred Person of His Majesty King George the THIRD, and His Majestys Government, contrary to the Peace of his said Majestys Crown and Dignity, and in open Violation of the Laws of his Government, and now you are about to have a fair Tryal for your Life, so be attentive, and in proper Time you shall make your Defence
Clerk. Gentleman of the Jury, stand together, and hear the Evidences.
Cryer, Call Mr. Yea and Nay, Mr. Faithful and Trusty into the Court, on being call'd, they all appeared.
Clerk, You the Witnesses for the King, look, upon the Prisoner at the Bar. Do you know him? They all said yes my Lord, we know him his Name is Saucy alias Swaggering John, he has been a very Pestilent fellow, for many Years in this City.
Clerk, To Yea and Nay, You are sure you know him. Yea and Nay, Know him! Yea my Lord, I have heretofore too often been in his Company, to be at this Time Ignorant of him, I knew his Father, and Brother, and all his Family very well.
Judge, Clerk, Are the Evidences Quallified,
Clerk, They are my Lord.
Clerk, To the Evidences. Well Sirs, this Saucy alias Swaggering John, the Prisoner at the Bar, standeth here indicted, for that he not having the Fear of God before his Eyes, but being lead by the instigation of the Devil, did on the 1st Day of October last, past, in the presence of Numbers of his Majesty's most Faithful and loyal Subjects, Assembled at the Court House, then to them [Page 7]there in great rage, with malice at Heart, did Curse the most sacred Person of his Majesty King George the Third, and his Majesty's Government, contrary to the Peace of his said Majesty's Crown and Dignity, and in open violation, of the Laws of Government.
On this Indictment he has been Arraigned, and on his Arraignment he has Pleaded not Guilty. What you Witnesses have to say against him, must be told to the Court and Jury, so Gentlemen of the Jury be attentive to the Evidences. Yea, and Nay. My Lord and Gentlemen of the Jury, I and the Prisoner at the Bar, were once discoursing together at the Court-House, and there were Numbers of Persons present. For it was the very Day of the last Election; and there were two vacances for Parliament. But I think one of them was given up without bringing it to a Pole, and the other was contended for, by Hamilton and Vougban, now my Lord and Gentlemen of the Jury, you must know, that there was a tincture of Popery on one side, and consequently Knavish Policy. And this Saucy, alias Swaggering John, happening to be on that side of the question. I was on the opposite side, and we began to Dispute the worth of the Candidates, I told him that the side I was on, were to a Man true and loyal Subjects and loved the King and Government in our Hearts, and hoped we should always be Governed by faithful Subjects to his Majesty, as we were and always should be loyal to him, and all authority it may please him to set over and govern us Upon this, the Prisoner at the Bar, swell'd with rage, and in a violent Passion Curst the King's Government, and said no King's [Page 8]Government for him, he did not like to be under a yoake, he would rather chuse to be in a Penn.
Clerk, You are sure, you heard him say thus? Yea and Nay, Yea, I did and many others beside me; Prisoner at the Bar, have you any Questions to ask this Evidence, Pris. my Lord, I only said D—n the Q—rs and this Evidence being one, has made this falshood against me, on purpose to get me Hang'd thro' spite, and your Lordship knows he was not sworn, he only affirmed; and they think no more of an affirmation, than a Roman Catholick does of Kissing the Bible.
CLERK, My Lord, we have but very few Quakers in this City, but may it please your Lordship, when any of them are brought before me to give Evidence, they always bring affadavit Men enough with them to confirm their Evidence.
COURT, CLERK,
Go on, in Examining the witnesses.
CLERK, Mr. Faithful, What have you to say to the Court and Jury, concerning the Trial between our Sovereign Lord King George the Third, and Saucy alias Swaggering John, the Prisoner at the Bar? Faithful, My Lord, formerly I was a great companion of his, and I have often heard him say, and that with great stomachsulness, that he would sooner be tossed from Post to Pillory, and from Den to Penn, then submit to be under the King's Government, but I never thought he was so Mad as to express himself in the manner he did, on the 1st. Day of October last, before so many of his Majesty's most faithful and loyal Subjects, at the CourtHouse, as Yea and Nay, has already informed you.
[Page 9] Clerk, But what did you hear him say? Faithfull, my Lord I heard him curse the King and Government, or something to that Purpose, Clerk, you must mind you are on your Oath, so recollect yourself and tell the Court, the very Words he said, I believe it was Damn your Kings Government none of your yoakes for me, we fatten better in Penns. Clerk, you are sure you heard him say thus? Faithfull, upon my Oath, I heard him say them very Words, or Words to the same purpose.
Clerk, Have you any Questions to ask this Evidence.
Prisoner, My Lord, it is all spite, because I was not on their side.
Clerk, Mr. Trusty, have you any knowledge of the Prisoner at the Bar, look on him, do you know him?
Prisoner, Hold up your Head, Trusty, Yes my Lord, I know him, and have been formerly acquainted with him, but since these Parliament times have grown so troublesome, He has always been on the opposite side to me, and I never conversed much with him, but on the First of October last past, being a throng day, we had hot handling, and having a former acquaintance with the Prisoner, I walked close up to him, and seeing him in a great Passion, I did not speak to him, but I plainly heard him Curse the King and Government.
Clerk, You are sure you heard him Curse the King and Government.
Trusty, By the virtue of the Oath I have taken I did.
Clerk, Prisoner, Have you any Questions to ask this Evidence?
[Page 10] Prisoner, No my Lord, But Gentlemen of the Jury, I have always been a Man of Valour and Courage, and have not been used when under the greatest Clouds, to sneak or hang down my Head like a Bull rush, nor was I pleased at that Time, to see so many Antagonists, and if I did say what is Evidenced against me, I am hopefull you Gentlemen of the Jury, will Consider the Cause, and the Number of my Adversaries.
The Court.
Saucy alias Swaggering John, You are not here Indicted, for that you have wanted Courage, or not been valient in Times of greatest Distress.
But for that you have disloyally and rebelliously Curst the King and Government, this is the Crime, and the thing wherewith thou art charged by the Indictment, and you have heard what these Witnesses have Evidenced against you.
Here the Prisoner hung down his Head, and would not answer one single Question.
Ben Sly, Esq Attorney for the King. Addressed the Jury in the following manner.
Gentlemen of the JURY.
You have heard all the Evidence for the King and no doubt all you have heard is Truth, but thus far I must say in favour of the Prisoner at the Bar, that I have been acquainted with him these many Years, and never knew or heard of the least Disloyalty lay'd to his charge before this time, I have often dined with him in publick Company, where sometimes his Majesty's Health has been Drank, and I never knew him to refuse it, and I am hopeful you Gentlemen of the Jury will be of opinion with me, as the Evidence all agree, that [Page 11]he was in the hight of Passion, and that it was more thro' Passion then Malice, that he was lead to this fatal mistake, you see Gentlemen how he hangs his Head with confusion, and no doubt he will faint with shame, he is likewise an alien amongst you, as well as my self, and they are not so accustomed to Loyalty in his Country as you here. in this ever memorable City of Londonderry.
The COURT, to the JURY.
Gentlemen of the Jury, you no doubt can see as plainly as I can, that Mr. Sly, the Kings Attorney Inclines to favour the Prisoner at the Bar, and pleads his being an Alien if so, I am sure he cannot take it amiss if we treat him in the same manner that we have done our own Countrymen, there is one Instance that occurs to my Remembrance, that I shall mention, you no doubt Gentlemen all knew the late worthy Counsellor A—s the Crime that he was accused of, was only Drinking, what we call a disloyal Health, you know his Punishmet. He was ordered to stand one Hour in the Pillory, and before the Time was half spent, he expired. And now Gentlemen of the Jury. you heard this Saucy alias Swaggering John, the Pris. at the Bar's Indictment, you have heard his plea, and what the Evidences have testified against him You are now to withdraw to your Room, where without confusion you may consider on such a Verdict, as in way of Truth, you ought to bring in against the Prisoner.
A Verdict God save the KING.
CLERK, Gentlemen of the Jury, answer to your Names.
Cryer, Count these, Cryer, They all Answer.
[Page 12] CLERK, Gentlemen of the Jury, who shall speak for you? Jury our Foreman.
CLERK, You Gentlemen of the Jury, being Impanell'd, for our Lord the King, have heard the Trial of Saucy alias Swaggering John, the Pris. at the Bar; Jaylor, make the Prisoner hold up his right Hand, Jury look on the Prisoner, Prisoner look at the Jury, what say you Gentlemen of the Jury, is the Pris. at the Bar, Saucy alias Swaggering John, guilty of the Crime for which he stands Indicted, or not guilty? Foreman, he is guilty my Lord, of Rebellion to our most gracious Sovereign, Lord King George the Third, and to his Government, Clerk, and so you say all, Jury, all say guilty my Lord.
The Court to the Jury.
Gentlemen of the Jury, you have discharg'd the trust reposed in you on this, as likewise on all other occasions, with faithfulness to his Majesty and Government.
Court to the Prisoner. Saucy alias Swaggering John, You have had a fair Trial for your Life, and are now found guilty of Rebellion, by the Laws of this Realm, what have you now to say for your self, why Sentence of Death shou'd not be pass'd against you. O Good my Lord, I am a Stranger to them Laws, we have no such Laws in our Country. And I hope your Lordship will pitty my Ignorance, what Countryman are you, Oh! good my Lord, I am a Transylvanian, I have not been long in this Country. Court, and what made you turn a party Man at our Election? Prisoner, O! dear Good my Lord, pardon me but this once, and I never shall meddle with party affairs any more.
[Page 13] Court Well you shall be placed in publick view, untill his Majesty's pleasure be made known unto us.
The Court to the Prisoner.
Saucy alias Swaggering John, you are to be taken from the Bar where you now stand, to the common Goal, and there to be laid in long Bolts in the Dungeon, untill there can be a Pillory erected close to the Gallows on the Strand, and there you are to be fixed up, and three times a Day the white of an Egg, is to be given you for Sustenance, the yolks thereof are to be rubed over your Face, to keep you from Sunburning, and every Evening at Sun set, your Cap is to be drawn over your Face, by the Hands of the common Hangman, and by him uncover'd every Morning, at the Sun rising, that the People may have a fair view of you the whole Day. This light diet you are favour'd with to keep you as clean as possible, as you are to carry your Excrements in your Breeches, unless you prove to be too Nauseous in the Nose of the common Hangman, thus when fixed up, you are to remain untill his Majesty's will and Pleasure be made more fully known unto us.
Clerk, to the Sheriffs, Gentlemen, The Court orders that you get a Pillory erected, three times three Feet from the Ground, and that you see Saucy alias Swaggering John fixed therein,
[Page 14] Sheriffs, My Lord it will be very hard on us, for both to attend the Sentence Pronounced against this Rebel, besides the Risque we shall run of being both Poison'd at once, with the stench that must undoubtedly ensue, Court. Well Gentlemen, you must manage matters as well as possible, and take this Duty in your turns, untill his Majesty's Pleasure be known.
Sheriffs, My Lord, your Lordship could soon ease us of all this trouble by passing the deserved Sentence, we would sooner dispatch FIVE HUNDRED such Rebels as this Saucy alias Swaggering John, the Prisoner at the Bar, than wait one Day on him, when in the Pillory, Court, Gentlemen, I make no doubt of your Loyalty. But the Prisoner Saucy alias Swaggering John, has received this Lenity, from the Court. on account of his being an alian amongst us, therefore you must see the present Sentence Executed.
Jaylor, My Lord, what allowance is he to have whilst under my care. Court, a pint of Oatmeal and Water every Day, Jaylor, My Lord, there will be no such Thing as keeping him clean in long Bolts, on such Diet. Court, Then you must raise him so high from the Ground, as to put a Pen under him, so that his Excrements may pass therein, and if he proves very purgative, you must the oftner shift your Penns.
GOD SAVE THE KING