Nor are the Publishers conscious they have omitted one remarkable Trial that could possibly be obtain'd, unless that of Mr. Hampden in the Case of Ship-Money, and that of my lord Strafford; both which being to be found in Mr. Rushworth, are already in the hands of most gentlemen, who are suppos'd to purchase these: and the inserting them could be of no other use than to increase the bulk, and enhance the price of the Book. There is indeed another Account of my lord Strafford's Trial, which differs in some instances from Mr. Rushworth's, and is more concise; and this it has been thought proper to insert.

And as the Union of the two kingdoms of England and Scotland is so near compleated, and there remains little else to distinguish us at present but the municipal laws of the respective kingdoms, it has been thought advisable to add some remarkable Scots Trials: in which (to do that nation right) are discovered great learning, eloquence, and strong reasoning. And indeed as the Civil Law prevails very much there, they have at least as large a field to exercise their parts and learning as our more Southern orators, who are so unalterably attach'd to their Common Law; and it must be admitted, that the Party accus'd has in Scotland all the fair play imaginable: he has what Counsel he thinks fit; he has a Copy of his Charge in his own language; his Counsel are permitted to inspect the very Depositions against him before he is brought to Trial; and they are so little in haste to dispatch a State-Prisoner, that the Trial often lasts some months. This specimen of Scots Trials, as it will at present be acceptable to the curious; so as we have one Senate, and one Legislature, it may hereafter give birth to the introducing such Methods of Trial in each kingdom, as in either shall appear to be founded on the greatest reason and justice.

As to any Partiality in this Undertaking, it seems almost needless to disclaim it; for the Reader has the Evidence and Arguments entire, without any alteration or diminution. It is true, as it falls out in History, so it will do here: the farther we search into Antiquity, and the higher we go, the less perfect will our Accounts be; the same exactness cannot be expected there as in Trials of a more modern date: but thus much may be said for the more antient Trials, that they are the most perfect and compleat that could possibly be procur'd.-We shall detain the Reader no longer than to observe, that this Collection will not only be useful to the Learned in the Law, and to those whose misfortune it may be to fall under a criminal Prosecution, but in many instances it corrects as well as illustrates our English History: and there is. scarce a controverted point in Divinity or Politics, but the Reader will find has been fully debated here by the greatest men our nation has bred. And if Justness of Argument and true Eloquence have any attraction, and these are talents worth improving, here will be found the greatest collection of fine Speeches, and Arguments, en the most important subjects, that have hitherto been exhibited to the world.

MR. SALMON'S PREFACE

TO THE

CASE OF SHIP-MONEY,

WHICH WAS PRINTED IN A SEPARATE VOLUME, BY WAY OF SUPPLEMENT TO THE FIRST EDITION.

THE Collection of STATE TRIALS in four Volumes in Folio, being a Work very useful and necessary, to make it more complete, it was thought fitting (at the desire of several persons of eminency and distinction in the law) to add to it the remarkable Trial of Mr. Hampden, in the Great Case of Ship-Money (between his majesty king Charles I. and that gentleman). For that reason therefore we caused it to be printed of the same size, and on the same paper: tho' it would have been inserted in the Collection, could the Proprietors of this Copy have been prevailed upon to have parted with their property to the Undertakers, on their terms, which were very unreasonable. It is true, there are some of the Speeches in Rushworth, (a Book very scarce, and in few hands) but then their number is very small, and without the Records and other material Process herein contained, which are carefully printed from such authentic Manuscripts, that envy itself cannot detract from their intrinsic worth and value and those who would vainly endeavour to impose on mankind, That this Trial is in Rushworth, not only discover their ignorance, but shew themselves guilty of most scandalous and invidious reflections.

We shall therefore say nothing of the excellency of this Work, which is so useful for all English gentlemen in general, as well as for those of the Long Robe in particular; those who will take the pains to peruse it, will be convinced of this truth. The Twelve Judges, before whom this Case was argued in the Exchequer-Chamber, and the Council on both sides unanimously agreed, that no Case like this ever was argued in any Court of Judicature; they all declared it to be a matter of the highest concern and importance, and there was such a multitude of Cases, Precedents, and Records (above three hundred) quoted on both sides, and so many excellent Arguments made, of the greatest Learning, that the whole would seem almost incredible, but to those who will read them with attention.

How this Great Case went is well known to every one who has the least acquaintance with History; the Times were then troublesome, and some people took hence occasion to blow up the coals of dissension, which at last broke out into that dreadful conflagration, as ended in the destruction of an Unfortunate Monarch, and compleated the ruin of the best Constitution in the world. All the Judges (long before this Case was argued in the Exchequer-Chamber) gave their opinions in writing under their hands for the King; but whether, in this Affair, those sages in the law acted like Faithful Counsellors, must be left to the learned in that profession to determine. Every man will think as he is inclined; however, most certainly, it is of the greatest concernment and importance, for a Prince to have about him Faithful Counsellors; for after all, let them be never so wise, good, and just, it is an undoubted truth, that Princes see with others eyes, and hear with others ears.

MR. EMLYN'S PREFACE

TO THE SECOND EDITION OF THE STATE TRIALS, IN SIX VOLUMES FOLIO: PRINTED IN THE YEAR 1730.

The usefulness of the work to the Study of the Law,

History,

And Eloquence.

THE favourable reception which the First Impression of this Work has met with from the Public, is a sufficient recommendation of it in general; but perhaps it may not be unacceptable to the Reader to point out some of the particular Uses and Advantages of it.

Collections are chiefly intended for the preservation of separate Pieces, which by being scattered up and down, are often in length of time either quite lost, or hard to be come at: this, indeed, is a care not worth bestowing on those which are of little or no use; but the Pieces here preserv'd are evidently such, as a Collection of them must appear at first sight very beneficial to all studious inquirers into the Laws of this nation, especially into that principal branch of them, which concerns the Life and Liberty of the Subject: for since the Laws of England are in a great measure grounded upon immemorial Customs and Usages, the Precedents and Examples of former times must be singularly useful, if not absolutely necessary to a right understanding of them.-And tho' Criminal Cases do very much depend upon Statute Law, either the Crimes themselves, or the Punishments of them, being for the most part declar'd by act of parliament: yet the Method of Practice in the Trials of those Crimes is in the main govern'd by Common Law rules, and consequently not to be known, but by the Usage in former cases: and even in those instances, which fall under the direction of the Statute Law, the best Expositor of those Statutes is the constant received Practice, ever since they were made, optima legum interpres consuetudo. (a)

The Professors and Students of the Law will not be the only persons, who may receive benefit from this Work: here will be matter also of Instruction and Entertainment to all who are delighted with History, or inquisitive after the transactions of the former or present times; many parts of History will here be illustrated and set in a true light; the Reader may here see, as it were, with his own eyes, not needing to trust to the representations of others, which are often full of partiality or prejudice, according to the party and disposition of the Historians. But the nature of this Work admits not of such turns and disguises, as other general accounts are but too justly chargeable with; the following Trials being plain Narrations of Sayings and Facts, for the most part published by Authority of the respective Courts, or by indifferent Hands; where it happens to be otherwise, the Reader is informed of it in the Title at the Head of the Trial.

Such as are taken with fluency of Style, or luxuriancy of Fancy, may here be entertain❜d with a variety of eloquent Speeches and learned Arguments on many very important subjects; tho' it must be own'd, intermixed with some others, which do not altogether deserve that character.

And since Scotland is now become a part of this Kingdom, it has been thought proper to insert some of the Proceedings in that country, in which (to do that Nation right) are discovered great learning and eloquence:

(a) 4 Co. Instit. 75.

and it must be admitted, that very considerable advantages are there allowed to the Prisoner, which we in England do not enjoy; he has what Counsel he thinks fit, and a Copy of the Charge in his own language; his Counsel are permitted to inspect the Depositions against him before he is brought to his Trial; and they are so little in haste to dispatch a StatePrisoner, that the Trial often lasts some months.

Another Use of this Work, will be the doing justice to those Judges To form a and Counsel, who respectively presided or practis'd at these Trials: the right characNames of such as behav'd impartially on the Bench, without prejudicing ter of the the rightful Prerogatives of the Crown on the one hand, or betraying the Judges. legal Privileges of the Subject on the other; without bearing hard upon the Innocent, or shewing any unallowable favour to the Guilty, will by this means be remember'd with honour, and left upon record to their lasting praise and commendation.

But it has not always been the good fortune of England to have the Bench adorn'd with such excellent persons; the Reader will in the course of these Trials light upon certain periods, wherein the Judges, who ought by the duty of their place to be the great Barrier, and to act impartially between Prince and People, have notwithstanding deliver'd Opinions in direct contradiction to the known fundamental Laws of the nation, and as far as in them lay, sacrificed the Constitution and Liberties of the kingdom to the pride and ambition of an arbitrary monarch. This generally ended in the downfall of such Judges, and the Ministers, whose tools they were; the Politics of those times not being arrived at that height, to know how to influence the representative Body of the Nation: for what need could Ministers have to corrupt the Interpreters of the Law, if the Makers of it were intirely at their devotion?

Others there have been, (as the Reader will have too frequent occasion to remark) who regardless of Right and Wrong, and all the solemn Oaths they had sworn, have under colour of Law, but yet in open defiance of natural Justice, made no scruple to murder the Innocent, and by foul unwarrantable practices to acquit the Guilty, just as they received their directions from, or thought it would be best pleasing to those above them : to such a monstrous pitch of bare-faced iniquity were they arrived, that they stuck not to determine the same Point different ways at different times, making the Law a mere nose of wax, but usually turning it to the destruction of the person tried before them (b). These Volumes will impartially transmit their memory to posterity, with that reproach and infamy, so deservedly attendant upon Traitors and Murderers; and this not by general characters, which are scarce to be rely'd on, being oft according to the inclinations of the Writer, but by real Facts; their Behaviour will here appear just as it was, in its own true colours: by which the Reader, without the help of names, will easily distinguish the calm and sedate Judge, willing to hear and receive right Information, and desirous to determine according to Truth and Justice, from the hectoring bully, who, without any regard to the decency of his character, uses his authority to no other end, than to silence Reason and Truth, and by blustering and clamour to worry the Innocent to death.

The like Distinction will readily occur with respect to those, whose And Counsel. Office was at the Bar. Some he will find, pressing nothing illegal against the Prisoner, nothing hard and unreasonable (however in strictness legal) using no artifices to deprive him of his just Defence, treating his Witnesses with decency and candour; being not so intent upon convicting the Prisoner, as upon discovering Truth, and bringing real Offenders to Justice; looking upon themselves, according to that famous Saying of queen Elizabeth, not so much retained pro Domina Regina, as pro Domina Veritate (c).

(b) Sir John Hawles's Remarks on the Trial of Charles Bateman. (c) 3 Co. Instit. 79.

To shew the excellency of the English laws.

(Civil Suits.

Ecclesiastical Courts.)

These will appear in a different light from others, who with rude and boisterous language abuse and revile the unfortunate Prisoner; who stick not to take all advantages of him, however hard and unjust, which either his ignorance, or the strict rigour of Law may give them; who by force or stratagem endeavour to disable him from making his Defence; who brow-beat his Witnesses as soon as they appear, tho' ever so willing to declare the whole truth; and do all they can to put them out of countenance, and confound them in delivering their Evidence: as if it were the duty of their place to convict all who are brought to Trial, right or wrong, guilty or not guilty; and as if they, above all others, had a peculiar dispensation from the obligations of Truth and Justice. Such methods as these should be below men of honour, not to say men of conscience: yet in the perusal of this Work, such persons will too often arise to view; and I could wish for the credit of the Law, that that great Oracle of it, the Lord Chief Justice Coke, (d) had given less reason to be numbered among this sort.

The Gentlemen of that Profession, whether imploy'd in criminal Prosecutions or civil Actions, are not to blame for doing their best in sifting out the Truth, and making all just Observations in favour of their Clients; yet if after having done so, they should at last find the merits of the Cause to lie on the other side, I am sure it would be no disparagement to them to desist from attempting any thing to the prejudice of Truth and Justice: for how just and reasonable soever it may be to undertake the defence of a cause while nothing appears but that it may be right, yet when in the course of the Evidence it proves manifestly otherwise, it is then high time to desert it; for they must needs think, that no Fees or Retainers will be a just Excuse, either in this world or another, for being wilfully instrumental in promoting injustice and wrong: and tho' it be no part of their province to determine either the Law or the Fact, the former of which belongs to the Court, and the latter generally to the Jury; yet if either the one or the other be misled by the artful turns and insinuations of the Pleader, or any material truth suppress'd or misunderstood by his baffling of the Witnesses, the Guilt will and ought to lie at his door.

A further Advantage of this Collection is, that it will afford frequent opportunities to the careful Reader of observing the excellency of our Laws, and the advantage an Englishman thereby enjoys above his neighbours. When I meet with an Author extolling our laws above those of other countries, and representing us upon that, as well as other accounts, as the envy of all around us, I presume it is meant chiefly with regard to Criminal Procedures: for as to CIVIL SUITS, when I consider the tediousness and delays of such Suits, necessarily arising from our Methods and Forms of Law; the various Offices, and sometimes Courts, they must pass thro', before they are finally decided; the exorbitant Fees to Counsel, whereto the Costs recovered bear no proportion; the duties arising to the crown from many incidents in every cause; and above all the nicety of special Pleadings, whereby the justest cause in the world, after having with great trouble and expense been conducted almost to a period, may thro' the mistake of a letter (often occasioned by an Attorney's Clerk) be irretrievably lost, or at least turned round to begin again, and that not without payment of costs to him, who has all the while been the unjust invader and detainer of another's property: when these things, I say, are considered, it is hard to imagine, that any one can in good earnest believe, we have in this respect any great matter to boast of.

Nor can I suppose they are our ECCLESIASTICAL COURTS, which make us the envy of our neighbours; the petty but chargeable Suits, which are

(d) See the Trial of Sir Walter Raleigh, A. D. 1603.