Somers, John: Letter (to the King) (733 words)

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page IV,326


1

LETTER DXXV.

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2Tuesd. 27th Apr. 97
3
4Sir

5
6    I have taken the first opportunity of sending to
7your Majesty Mr. Attorney Generals state of the
8circumstances of the several persons who stand
9charg'd as concern'd in the conspiracies against your
10person or government. I take it to be defective in
11what seems most material, for he has not given any
12opinion whether any of them may be prosecuted.
13And the only method which I can propose now for
14supplying this, is, that when your Majesty does think
15fit to send this paper to the Lords Justices, they
16should be directed to require Mr. Attorney and Mr.
17Solicitors opinion, as to the several persons who are
18in custody, what may be done with them.
19    I would beg leave to make a few observations upon
20some parts of the paper.
21    As to my Lord Aylesbury; since the escapes of
22Goodman, Birkinhead, and Hunt, there is no other
23witnesse against him, at present, but Porter. It is
24true Cook may be made a witnesse by your Majesties
25pardon, but when he is pardoned, it will in a great
26measure depend upon his own ingenuity and sincerity,
27whether he will speak the truth without reserve;
28and he is such an odd fellow, that one may
29have reason to fear both his folly and knavery. As
30to Mr. Porter there is no legal objection to any part
31of his evidence, nor in my opinion, any reasonable

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32ground to call in question the truth of any one circumstance
33he has sworn: but there was great care
34taken to find out some colour of exception to what
35he said at the barr of the House of Lords, and those
36who protested against the vote in Sir John Fenwick's
37case did industriously set down, as one of their reasons,
38that Porters was a doubtfull evidence.
39    As to Cook himself, if your Maty is pleas'd to use
40him as an evidence, there is nothing to be done but
41to passe his Pardon, and see to make him as honest
42as he can be; but, if that be not thought advisable,
43it may then deserve consideration whether it will not
44be thought hard to execute him after so many reprieves,
45or imprudent to pardon him, so as to suffer
46him to live in England.
47    As to my Lord Mongomery, I have nothing now
48to offer to your Majesty. But in relation to the behaviour
49of the Sherifs upon his account, I would beg
50leave to say, that if your Majesty be displeas'd with
51it, and does judge it fit to have them prosecuted, it
52will be necessary that some positive order should be
53given in that matter.
54    As to the persons mention'd to be outlaw'd for
55treason, I do humbly propose two things. That the
56Justices be ordered to direct Mr. Attorney, 1, to
57look that there be no errors in the outlawries. 2, to
58proceed to enquire immediately after their estates.
59    I will not presume to trouble your Majesty further

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60at this time upon Mr. Attorney's paper: but there is
61another thing which will trouble you till it be disposed
62of, I mean the place of Chief Justice of Chester,
63for which I think every body does believe himself
64qualified. If there were not a necessity that it
65shou'd be disposed of before the next great Sessions,
66which must be about July or August, nothing should
67have made mee say one word to your Maty about it
68till your return. But since the case is so, I will beg
69your leave to lay before you, in as few words as possibly
70I can, the names and pretences of the several
71persons who have been hitherto proposed to mee as
72proper to be recommended to your Maty for that
73employment.
74    I cannot neglect this opportunity of letting fall
75one word of you Maties goodness and generosity to
76mee, altho' I know how much more you love to be
77exercising those royal qualities then to be told of it.
78The manner of doing it, so unsought for and unexpected,
79must take, with any good mind, more then
80the thing itself, and I am sure the sense must always
81last with mee. But at the same time I must own
82that I cannot be with more zeal and duty than I was
83before, Sr.

84You Mties most dutyfull, most humble, and most
85obedient subject and servant,
86
87J. Somers.