REGINALD TVCKER being charged with High Treason , for being with the late Duke of Monmouth in the West ; one Sir Theophilus Oglethorp , before he was Convicted , obtained from the late King James a private Grant of all his Estate , Real and Personal , which might occasion the Prosecution against his Life to be the more Violent .

The Defendant absconding himself in the County of Somerset , sent up his Wife to London , to solicit for his Pardon before he was taken : But one Vaughan by contrivance , insinuating himself into her Company , perswaded her to marry him ; which he told her she might lawfully do , tho her Husband was still alive , in regard he being guilty of High Treason , was a dead Person in Law : And this Defendant's Wife being prevailed on , by the Artifices of Vaughan and his Confederates , was actually married to the said Vaughan ; by which means the Defendant was disappointed of getting his Pardon , and she died in great Contrition .

Mr. Hall knowing this Defendant to be charged in K. James's Proclamation with High Treason , contriv'd how to get his Estate ; and in order thereunto first procur'd the Assignment of a Mortgage on part of this Defendant's Estate .

The Defendant coming up to London in order to go for Holland , was taken and carried to Newgate : Mr. Hall having notice of it , came to him , which was the first time this Defendant ever saw him , and pretended to get this Defendant's Pardon , but intended rather to get his Estate ; and in order thereunto , soon after procured the Assignment of another Mortgage , that was on another Part of this Defendant's Estate , the better to screw himself by degrees into the Whole .

This Defendant having been some time before removed from Newgate to Wells in Somersetshire , was there tried for High Treason , and condemned to die .

Mr. Hall taking Advantage of the miserable Condition of this Defendant , having gotten hold of Part , and designing to swallow up the rest of his Estate , came from London with one John Barnard an Attorney , to the Defendant then in Somersetshire , and mightily pressed him to releas● his Claim to his Estate , promising him a great Place at Whitehall . But this Defendant's Estate being lawfully descended to him from his Ancestors , and having Children of his own , he refused to comply , and begg'd Mr. Hall not to meddle with his Estate , telling him , he was resolv'd never to part with his Right , thô to save his Life . And this Defendant told him further , that if he should get it in this manner , it would never prosper with him : Upon which Mr. Hall was angry , and threatned it should fare the worse with this Defendant . And thô the Defendant had declared he would not part with his Right , yet Mr. Hall went on with his Design , and gave Sir Theophilus about 600 l. for this Defendant's Estate , which was really worth above 6000 l. including the two Mortgages .

According to the said Threats , it did fare the worse with this Defendant ; for thereupon Sir Theophilus wrote a Letter to the Defendant , acquainting him , that if he did not confirm Mr. Hall's Purchase , he should certainly be hang'd And William Penn who procured this Defendant's Reprieve during Pleasure , wrote another Letter to him , that if he did not comply with Mr. Hall , it was supposed King James would be prevailed on to give order for his Execution , Mr. Hall intending to fright this Defendant , either out of his Life or Estate : But the Defendant , notwithstanding he was kept by Mr. Hall's Contrivance under the continual Apprehensions of Death to terrify him into a Compliance , still refused to part with his Estate : Whereupon he was kept closer Prisoner than before , and endured greater Hardships than ever ; and remained under those Severities and frequent Menaces of being hang'd , till his present Majesty landed in the West , at which time he was delivered out of Goal .

During all this time the Defendant and his Family were under the utmost extremity of Want : Mr. Hall who all along received the Profits of the Defendant's Estate , thô often applied to , yet could not be prevail'd upon to contribute one Farthing towards their Relief , insomuch that his poor Children must have been starved , had they not been maintained , as they were , by the Alms of the Parish of Long-Sutton , where part of the Defendant's Estate lay .

The Defendant being advised to bring a Writ of Error to reverse his Attainder as the most proper Remedy , in order thereunto he diligently searched for the Record of his Attainder in the Crown-Office , that he might get a Copy thereof ; but the same was not then filed upon Record in the Court as it ought to have been , but was kept privately in Mr. Hall's Custody . At last it was brought into the Office , and filed in June 1689 , and not before , which was between two and three Years after the Conviction , which this Defendant is advised to be a very foul practice . Having at last procured a Copy of the Record , he was advised by his Counsel , there were above twenty manifest Errors therein ; one of which was , that the Judgment was not awarded in the Form the Law directs in Cases of High Treason , for the cutting off the Privy Members was omitted . Another Error was , that the Indictment did not conclude as it ought by Law , these words , against the Duty of his All●giance , being omitted ; besides several other manifest Errors , too long to be here inserted .

The Defendant prosecuted a Writ of Error , in order to reverse the said Attainder ; which was directed to the Judges of the Kings-Bench but he at that time being in a very low Condition , and having been too sensible of the Strength of his Adversaries , durst not stir in it till Michelmas Term 1692. And then being encouraged by the promised Assistance of some Friends , he resolved to proceed ; and in Hilary Term 1692 , several of the said Errors were argued by his Counsel at the Kings-Bench Bar : And the next Term after ( viz. ) in Easter Term 1693. the whole Court was of Opinion the Attainder ought to be reversed .

But the next Day Mr. Hall moved the Court to have the same argued again : Upon which the Errors in the said Record were again argued by Counsel on both sides , for four Terms more successively , that the Matter might be the more throughly considered ; and in Easter Term 1694 , all the four Judges of that Court , after a long examination of several Records and Precedents , and after mature deliberation , gave their solemn Opinions in Court , one after another , seriatim , that the Attainder should be reversed , and that the Defendant should be restored to all that he had lost thereby ; and each of the Judges gave severally the Reasons of their Opinion in open Court .

It is alledged , that the Defendant made a Mortgage of part of his Estate by the Name of Son and Heir , he being but the younger Son . To which 't is answered , his Father settled the Estate on the Defendant and his Heirs for ever ; and the Defendant kept his elder Brother many Years at his Dwellings in London and in the Country , who died a Lunatick and a Batchelor before the Defendant's Conviction .

It is pretended by Mr. Hall , that he purchased the King's Title for a valuable Consideration , and thereby preserved his Mortgages , and also secured the Defendant's Life . To this it may be answered , that he purchased a defeazable Title , and must run the same Hazard as the Purchaser of a mortgaged Estate does ; for by the Reversal of the Attainder , the King's Title fails as much as the Purchaser's does in the other Case by the Entry of the Mortgagee : Then the Consideration cannot in strictness of Reason be said to be valuable , it being but 600 l. for an Interest worth 6000 l. and the Reason why Mr. Hall gave so small a Consideration for it , was , because of the Hazard he was to run in case the Attainder should be reversed , in regard the Defendant could not be perswaded to release his Claim .

Then the Mortgagees were never in danger by the King's Title ; for the Lands , whether in the Hands of the King or Subject , must still be liable to the Mortgages , which were made precedent to the Attainder : and then how he saved the Defendant's Life , will appear from the Case above .

The Defendant finding an Inquisition of his Estate returned into the Exchequer , hath since sued out the amoveas Manus ; so that now his Estate is out of the King's Hands .

The Defendant humbly prays your Lordships to affirm the Reversal of his Attainder , as well for the sake of Justice and Right , as in compassion to his Six poor Children .