The
CASE
of
the
EARL
of
MACCLESFIELD
,
against
Mr.
John
Starkey
,
who
while
he
served
as
a
Jury-Man
,
published
a
malicious
Libel
against
the
said
Earl
and
others
,
contrary
to
Law
,
and
all
Pretence
of
Colour
from
the
Office
of
Jury-Man
.
Mr.
STARKEY
and
others
of
the
Grand
Jury
at
Chester
,
Mich.
1683
,
subscribed
and
published
a
form
of
a
Presentment
in
Paper
,
brought
them
ready
drawn
by
five
of
their
Fellows
,
in
the
Words
following
.
WE
the
Grand
Jury
sworn
to
enquire
for
the
Body
of
the
County
of
Chester
at
the
Assizes
held
in
the
Common
Hall
of
Pleas
in
the
Castle
of
Chester
,
upon
Monday
the
17th
Day
of
September
,
in
the
35th
Year
of
his
now
Majesties
Reign
,
and
in
the
Year
of
our
Lord
,
1683
,
having
heard
his
Majesties
Declaration
to
all
his
loving
Subjects
,
concerning
the
treasonable
Conspiracy
against
his
sacred
Person
and
Government
,
lately
discovered
,
openly
read
to
us
in
Sessions
by
order
of
the
Court
,
as
well
as
in
our
respective
Parish-Churches
by
Royal
Command
,
and
seriously
considering
the
Extensiveness
of
the
said
Conspiracy
,
and
dreadful
Consequences
thereof
,
had
it
taken
effect
,
since
Notions
of
Sedition
and
Rebellion
have
been
cultivated
to
such
an
amazing
Height
,
that
some
have
not
only
dared
to
draw
them
into
Practice
in
their
Lives
,
but
to
propagate
them
with
their
latest
Breath
,
by
devilish
Insinuations
of
their
Consistence
with
Religion
and
Law
.
We
conceive
it
high
time
to
manifest
our
Separation
from
such
Persons
and
Principles
,
their
Favourers
and
Abettors
with
the
Detestation
of
that
dreadful
Climax
,
the
Bill
of
Exclusion
,
treasonous
Association
,
Ignoramus
Juries
,
and
seducing
Perambulations
,
by
which
the
Accomplices
advanced
towards
their
intended
Assassination
and
Massacre
,
which
barbarous
Design
it
cannot
be
imagined
that
fourty
,
or
the
Councel
of
any
six
durst
undertake
without
confident
Reliance
on
Confederate
Auxiliaries
;
and
not
knowing
the
Latitude
of
such
dire
Combinations
,
but
heedful
to
our
present
Charge
and
Duty
,
with
the
indispensable
Obligations
the
Oaths
of
Allegiance
and
Supremacy
lay
upon
all
;
We
hold
our selves
bound
in
this
distempered
Juncture
of
Affairs
,
to
present
that
we
have
strong
Apprehensions
of
Danger
from
a
dissatisfied
Party
in
this
County
,
who
not
only
shewed
their
Defection
openly
by
an
Address
made
to
Henry
Booth
Esq
;
and
Sir
Robert
Cotton
Knight
and
Baronet
,
at
the
last
Election
of
Knights
of
the
Shire
,
tending
to
alter
the
Succession
of
the
Crown
,
with
other
dangerous
and
seditious
Purports
,
giving
Assurance
of
standing
by
them
in
that
Design
without
respecting
their
Oath
of
Allegiance
to
the
King
and
his
Heirs
,
but
also
by
their
several
Meetings
and
Cabals
since
,
which
administer
greater
Suspicion
from
the
store
of
Arms
many
of
them
were
provided
with
,
and
for
that
the
same
Persons
unanimously
assembled
with
Schismaticks
,
and
disaffected
in
the
publick
Reception
of
James
Duke
of
Monmouth
,
who
has
appeared
a
prime
Confederate
in
the
late
treasonable
Conspiracy
,
the
Concourse
of
armed
Persons
then
attending
him
,
especially
in
and
near
several
populous
Towns
in
this
County
,
where
they
invited
and
instigated
the
Rabble
in
a
broad
Mixture
of
various
Sectaries
with
superfluous
Joy
and
popular
Noise
tumulted
on
that
occasion
,
has
had
an
evil
Influence
on
this
yet
unsetled
County
,
and
brought
a
Terror
upon
his
Majesties
good
and
peaceable
Subjects
.
For
Remedy
whereof
,
with
Relation
to
the
publick
Peace
,
and
,
to
prevent
as
far
as
in
us
lies
,
the
spreading
of
such
Contagion
,
as
also
to
wash
our
Hands
from
all
Misprision
by
concealing
Proceedings
that
may
encourage
greater
Evils
in
other
parts
of
his
Majesties
Dominions
,
We
conceive
it
expedient
that
the
principal
Persons
who
promoted
the
aforesaid
seditious
Address
,
and
also
those
who
were
notorious
in
Comforting
,
Aiding
and
Abetting
in
the
routous
Reception
and
Entertainment
of
the
said
Duke
of
Monmouth
,
and
his
Associates
in
this
County
,
together
with
the
Frequenters
of
Conventicles
,
and
those
that
harbour
and
countenance
any
Nonconformist
Minister
or
Preacher
,
should
be
obliged
to
give
Security
of
the
Peace
,
and
particularly
Charles
Earl
of
Macclesfield
,
Richard
Lord
Colchester
,
Charles
Lord
Brandon
,
Henry
Booth
Esq
;
Sir
Robert
Cotton
Knight
and
Baronet
,
Sir
Willoughby
Aston
Baronet
,
Sir
Thomas
Manwaring
Baronet
,
Sir
Thomas
Bellet
Baronet
,
Sir
John
Crew
Knight
,
Nathaniel
Booth
Esq
;
Colonel
Thomas
Leigh
junior
,
John
Manwairing
of
Baddily
Esq
;
Peter
Leigh
of
Booths
Esq
;
Colonel
Roger
Whitley
of
Peel
,
and
Mr.
Thomas
Whitley
his
Son
,
Roger
Manwaring
of
Kermincham
Esq
;
Tilston
Breten
of
Stapleford
Esq
;
Sir
Robert
Duckenfield
Baronet
,
Thomas
Lea
of
Dernehal
Esq
;
and
Mr.
Robert
Hyde
of
Cottenhall
,
Edward
Glegge
of
Grange
Esq
;
Richard
Leige
of
High-Leige
Esq
;
Mr.
Roger
Whitley
,
Mr.
Robert
Venables
of
Winchcombe
,
William
Minshull
of
Namptwich
Esq
;
John
Hurlestone
of
Newton
Esq
;
and
Charles
his
Son
,
and
William
Whitmore
of
Thurstaston
Esq
;
We
also
present
that
all
Persons
not
frequenting
the
Church
according
to
Law
,
are
Recusants
,
it
being
impossible
to
know
the
Hearts
of
Men
,
for
what
cause
they
refuse
to
come
to
Church
,
and
that
all
Connivance
and
Indulgence
in
that
case
is
the
ready
Road
to
Rebellion
,
Popery
and
Arbitrary
Power
.
And
further
we
desire
humbly
to
present
to
his
most
sacred
Majesty
our
repeated
Congratulation
of
Joy
for
his
and
his
Royal
Brother's
happy
Deliverance
from
the
late
treasonable
Conspiracy
,
with
our
Assurances
,
that
we
will
with
our
Lives
and
Fortunes
stand
in
Defence
of
his
sacred
Person
and
Government
,
his
Heirs
and
lawful
Successors
,
to
all
which
we
subscribe
our
Names
.
IN
this
Presentment
twenty
eight
Persons
not
the
least
considerable
in
their
Country
,
as
appears
by
their
Names
,
are
by
this
State-Jury
mark'd
out
as
Conspirators
against
the
Life
of
the
then
King
,
and
as
if
they
had
shewed
an
open
Defection
from
their
Allegiance
;
nay
the
Jury-Men
turn
Evidences
,
and
say
they
present
these
to
wash
their
Hands
from
all
Misprision
.
The
Earl
of
Macclesfield
finding
himself
scandaliz'd
to
the
highest
degree
,
brought
his
Action
for
this
against
the
Defendant
in
the
Exchequer
:
The
Plea
was
,
That
he
did
nothing
but
as
a
Grand-Jury-Man
,
in
pursuance
of
the
Articles
given
in
charge
,
and
according
to
the
Evidence
against
the
Earl
.
The
contrary
to
this
appears
upon
the
Presentment
it self
,
there
being
nothing
in
it
so
directly
laid
against
the
Earl
,
that
he
could
take
Issue
upon
it
,
and
therefore
he
,
as
he
had
reason
,
demurr'd
to
the
Plea
;
yet
Judgment
was
given
for
the
Defendant
through
the
Sollicitations
of
Graham
and
Burton
,
who
undertook
the
Defence
as
the
King's
Cause
,
for
which
considerable
Sums
of
Mony
issued
out
of
the
Exchequer
,
as
appeared
by
their
Books
produced
before
the
late
House
of
Commons
.
The
Hardship
of
which
Judgment
,
and
the
Consequences
of
it
in
relation
to
all
the
Peers
of
England
,
are
now
submitted
to
their
Considerations
.
Mr.
Starkey
in
his
printed
Case
says
,
Whether
the
Fact
were
true
or
false
,
will
not
alter
the
Case
,
being
according
to
the
Evidence
given
before
them
.
But
if
it
were
false
,
and
without
Evidence
given
,
no
doubt
it
will
be
a
great
Inducement
to
the
Lords
to
relieve
a
Member
of
their
House
,
if
they
can
do
it
by
Law
,
lest
themselves
should
suffer
in
the
like
Case
.
It
is
in
Proof
that
no
manner
of
Evidence
was
given
before
the
Jury
against
more
than
one
,
that
Evidence
very
insignificant
,
and
yet
even
that
was
afterwards
manifestly
known
to
be
false
.
Besides
there
is
full
proof
that
this
Presentment
proceeded
from
a
Conspiracy
between
Jefferies
,
then
Chief
Justice
of
Chester
,
who
brought
it
from
London
ready
drawn
,
and
five
of
the
Jury
,
who
manag'd
the
rest
,
threatning
some
,
and
prevailing
upon
others
with
the
Name
of
Loyalty
,
for
which
end
they
brought
a
Message
from
Jefferies
,
that
it
was
expected
for
the
King's
Service
.
Nor
were
they
satisfied
in
presenting
this
Libel
as
their
Act
,
but
published
it
to
several
others
not
of
the
Jury
,
and
procured
their
Hands
to
it
,
but
being
so
far
sensible
of
their
Error
,
had
it
writ
over
again
,
leaving
out
the
other
Hands
.
These
things
make
it
demonstrable
that
the
pretence
of
being
Jury-men
,
cannot
give
any
colour
to
what
they
did
.
And
the
Fact
arising
within
the
County
,
upon
which
they
grounded
their
Presentment
,
makes
the
Malice
of
it
undeniable
.
As
to
the
Suggestion
of
great
quantities
of
Arms
,
it
was
so
far
from
true
,
that
not
above
two
hundred
were
seized
upon
the
most
diligent
search
.
The
real
grounds
were
no
more
,
than
that
the
Duke
of
Monmouth
had
great
Respect
paid
him
,
upon
his
coming
into
the
Country
in
a
peaceable
manner
,
being
accompanied
by
most
Persons
of
any
Consideration
:
and
when
the
present
Lord
Delamere
was
chosen
for
the
Shire
,
a
Paper
without
any
Hands
to
it
,
was
delivered
him
,
the
Original
or
true
Copy
of
which
they
never
saw
,
wherein
he
was
desired
,
as
Representative
of
the
County
in
Parliament
,
to
vote
for
excluding
a
Papist
from
succeeding
to
the
Crown
;
which
Paper
is
fully
justified
by
the
Bill
of
Rights
,
declaring
it
inconsistent
with
the
Safety
and
Welfare
of
this
Protestant
Kingdom
,
to
be
governed
by
a
Popish
Prince
.
How
innocent
soever
these
Particulars
were
,
so
blind
was
their
Malice
against
the
said
Earl
,
that
they
inserted
his
Name
,
though
he
had
no
Share
in
either
of
them
,
and
only
entertained
the
Duke
of
Monmouth
at
his
House
:
But
indeed
their
Malice
to
him
was
not
singular
;
for
some
others
in
the
Presentment
were
not
in
the
Country
when
those
things
hapned
,
which
they
would
improve
into
Treason
.
It
appears
upon
the
face
of
the
Presentment
,
that
it
was
nothing
more
than
an
Effect
of
the
Design
then
carried
on
by
Papists
,
and
others
in
conjunction
with
them
,
to
make
distinctions
of
Parties
among
Protestants
,
and
to
expose
and
oppress
them
who
appeared
most
forward
in
asserting
the
Religious
and
Civil
Rights
of
the
Nation
,
and
whose
Interest
in
their
Countries
made
them
formidable
to
the
Conspirators
.
This
their
Presentment
was
without
Precedent
,
but
from
one
of
the
like
birth
about
that
since
in
Northampton-shire
,
has
no
Foundation
in
Law
,
and
is
manifestly
contrary
to
the
Duty
of
a
Grand-Jury-man
.
For
,
1.
Here
are
many
false
and
scandalous
Matters
maliciously
insinuated
,
as
Causes
of
requiring
Sureties
of
the
Peace
from
the
Persons
presented
;
and
yet
there
is
no
direct
Charge
,
which
ought
to
be
contained
in
every
Presentment
;
and
the
want
of
it
makes
this
a
plain
Libel
,
designing
only
to
defame
,
and
to
encourage
false
Witnesses
against
some
of
the
Persons
presented
,
who
were
then
Prisoners
in
the
Tower
.
2.
All
criminal
Matters
found
by
a
Jury
,
ought
to
be
by
Indictment
,
upon
Record
in
some
Court
,
that
the
Party
accused
may
have
means
of
Acquittal
.
3.
Sureties
of
the
Peace
ought
not
to
be
required
of
any
,
especially
a
Peer
of
the
Realm
,
but
where
an
actual
breach
of
the
Peace
,
or
some
Crime
of
an
higher
Nature
,
is
positively
sworn
.
4.
Though
Jury-men
may
determine
Matter
of
Law
,
as
it
is
coupled
with
Fact
,
in
Evidence
before
them
,
they
ought
not
to
pronounce
Sentence
for
Punishment
of
any
Fact
,
as
here
they
do
in
requiring
Sureties
of
the
Peace
,
though
no
Fact
is
directly
laid
against
the
said
Earl
and
others
.
If
the
Earl
of
Macclesfield
should
not
be
reliev'd
in
this
Case
,
it
would
be
an
Encouragement
for
Grand-Juries
to
libel
any
Peer
in
disfavour
with
his
Prince
,
as
often
as
they
shall
be
incited
to
it
by
Designing-Men
.
And
what
is
now
the
Case
only
of
one
Earl
,
may
be
the
Case
of
any
or
all
the
Protestant
Peers
of
England
,
if
they
should
have
the
unhappiness
to
live
in
such
Times
as
we
are
but
lately
delivered
from
.
Nor
could
the
making
an
Example
of
a
Grand-Jury-Man
,
who
has
so
evidently
gone
beyond
his
Office
,
to
serve
a
Turn
against
a
Peer
,
in
the
least
discourage
others
from
finding
Indictments
against
Peers
upon
positive
Proof
,
or
such
as
seems
positive
to
them
.
FINIS
.