Dominus
Rex
Versus
Walcott
.
The
CASE
of
the
Defendant
JOHN
WALCOTT
Esq
;
●HOMAS
WALCOTT
Esq
;
July
35o
Car
.
II
.
the
Defendant's
Father
,
being
Indicted
for
High
Treason
for
Compassing
the
Death
of
the
King
,
and
Designing
to
Levy
War
and
Raise
Rebellion
,
was
found
Guilty
,
Attainted
,
and
Executed
.
WHEREUPON
his
Real
Estate
of
about
750
l.
per
Annum
,
22
Oct.
36.
Car
.
II
.
and
his
Personal
Estate
of
the
Value
of
1500
l.
were
Granted
by
His
said
Majesty
,
King
Charles
the
II
.
to
Wenth-Worth
,
late
Earl
of
Roscommon
,
Captain
Purcell
,
and
Capt
.
Bourk
;
(
which
two
last
Persons
were
in
the
late
Rebellion
against
His
present
Majesty
in
Ireland
.
)
HIS
present
Majesty
was
graciously
pleased
to
Sign
a
Bill
,
1689.
to
pass
into
An
Act
of
Parliament
,
for
Reversing
the
said
Attainder
,
which
was
so
far
proceeded
in
,
That
it
passed
this
Honourable
House
,
and
was
twice
Read
in
the
House
of
Commons
,
and
committed
,
but
lost
by
a
sudden
Prorogation
.
THE
Renewing
the
Prosecution
of
that
Bill
the
Defendant
was
disabled
from
,
by
his
being
an
Officer
in
His
Majesty's
Service
in
Ireland
,
under
the
Right
Honourable
the
Lord
Cutts
,
where
he
was
detained
by
the
Wounds
he
received
at
the
Siege
of
Limrick
,
and
had
one
Brother
kill'd
by
the
Irish
,
and
another
(
who
was
and
still
is
an
Officer
in
the
same
Regiment
)
very
much
wounded
at
the
Siege
of
Limrick
,
and
at
the
Battels
of
Aghrim
in
Ireland
,
and
Steinkirk
in
Flanders
.
HIS
MAJESTY
was
pleased
in
Council
upon
the
Reading
a
Report
made
by
the
late
Attorney
General
(
now
Lord
Chief
Baron
)
to
approve
the
same
,
3
March
1694.
and
Order
that
the
Attorney
General
should
admit
a
Writ
of
Error
to
be
brought
by
the
now
Defendant
John
Walcott
,
for
Reversing
the
Attainder
of
his
said
late
Father
.
WHEREUPON
the
Defendant
brought
his
Writ
of
Error
to
Reverse
the
said
Attainder
,
Easter
Term
.
1694.
and
was
strenuously
opposed
therein
by
the
Countess
of
Roscommon
,
upon
the
account
of
the
said
Grant
made
to
the
said
late
Earl
of
Roscommon
her
late
Husband
.
THE
Court
of
Kings-Bench
,
Trinity
Term
,
13
June
.
1696.
after
having
heard
many
Arguments
made
by
the
Lady
Roscommons
and
the
Defendant's
Counsel
on
several
Days
,
and
perused
a
Multitude
of
Presidents
for
many
Ages
;
all
the
Judges
did
agree
,
and
did
Seriatim
,
deliver
their
Opinions
,
That
the
said
Judgment
was
Erroneous
,
and
ordered
the
same
to
be
Reversed
.
THE
Lady
Roscommon
hath
brought
a
Writ
of
Error
in
this
Honourable
House
,
to
reverse
the
said
Judgment
of
Reversal
,
and
set
up
again
the
said
Attainder
.
BUT
it
is
humbly
hoped
,
That
the
Reversal
of
the
said
Attainder
,
shall
be
Affirmed
for
these
Reasons
.
BECAUSE
there
are
manifest
Errors
appearing
in
the
said
Indictment
and
Judgment
.
THE
Judgment
given
upon
the
Defendant's
Father
,
is
various
and
different
from
all
the
Antient
and
Modern
Presidents
of
Judgments
given
,
in
Cases
of
the
like
Nature
.
IF
Judgment
in
Cases
of
High
Treason
be
uncertain
,
then
it
is
in
the
Power
of
the
Judges
either
to
mitigate
the
Sentence
,
or
to
inflict
such
Cruel
Pains
and
Penalties
as
they
please
,
and
to
introduce
the
Rack
,
Crucifixions
,
or
any
other
strange
Judgments
.
THE
Lady
Roscommon
by
her
Case
,
Note
,
seems
to
admit
the
Judgment
to
be
Erroneous
,
but
lays
great
stress
on
these
three
Allegations
.
THAT
the
Words
which
cause
the
Error
were
either
Unwarrantably
,
or
by
Mistake
,
left
out
by
the
Clerk
.
THAT
the
Defendant's
Father
was
Convicted
for
Compassing
the
Death
of
the
King
by
Assassination
.
THAT
it
appears
by
Capt
.
Walcott's
Letter
to
Sir
Leolin
Jenkins
,
That
he
confessed
his
Guilt
,
and
proffered
to
be
a
Spy
upon
his
own
Party
.
THOUGH
in
a
Writ
of
Error
Matters
of
Law
only
,
Note
,
ought
to
be
considered
,
yet
these
Allegations
are
not
without
an
Answer
.
AS
to
the
Error
being
the
Omission
of
the
Clerk
,
that
Answer
may
be
given
to
almost
all
Errors
in
Records
,
which
are
the
Omissions
or
Mistakes
of
Clerks
or
other
Persons
,
and
Advantages
thereof
has
always
been
allowed
to
be
had
,
especially
in
favour
of
Life
and
Liberty
;
And
the
Writ
of
Error
is
to
see
if
the
Record
as
it
is
,
be
Erroneous
.
AS
to
the
second
,
All
the
Witnesses
against
Capt
.
Walcott
did
acquit
him
as
to
the
Assassination
;
And
that
he
did
declare
,
That
he
abhorr'd
any
such
thing
,
and
would
be
no
way
concerned
in
it
,
and
at
the
very
hour
of
Death
denied
that
he
was
to
have
any
hand
in
it
.
't
is
true
,
there
was
such
a
Letter
to
Sir
Leolin
Jenkins
,
in
hopes
by
that
means
to
have
Saved
his
Life
,
and
obtained
Leave
to
pass
into
Holland
,
but
he
afterwards
declined
meeting
Sir
Leolin
,
nor
did
he
give
Information
against
any
Body
.
THE
Grant
under
which
the
Lady
Roscommon
claims
,
Note
,
was
purely
Voluntary
,
and
for
no
Consideration
;
and
yet
she
hath
Enjoyed
the
Estate
under
that
Grant
for
Twelve
Years
,
without
so
much
as
allowing
Capt
.
Walcott's
Poor
Distressed
Wife
and
Eight
Children
one
Penny
,
or
so
much
as
a
Bed
to
Lie
on
.
THE
Defendant
humbly
hopes
Your
Lordships
,
upon
Consideration
of
his
Case
,
will
allow
him
that
Favour
His
Majesty
was
Graciously
pleased
to
design
him
,
and
the
Law
hath
given
him
,
and
to
Affirm
the
Judgment
given
in
the
Kings-Bench
,
for
Reversing
the
said
Attainder
.