2

thereupon, against Lawrence earl Ferrers; in | Lawrence earl Ferrers for murder, returnable hæc verba : immediately, before the king in parliament. "YORKE and Yorke."

RETURN.

"By order of the Lords spiritual and temporal, in parliament assembled, by virtue of the within writ to me, and others, directed, I send to our sovereign lord the king, in this present parliament, under my seal, the indictment and inquisition within mentioned, with all things touching the same, in certain schedules hereunto annexed, as I am within commanded.

"H. BATHURST."

The CERTIORARI and RETURN. "George the second, by thegrace of God, of Great Britain, France, and Ireland, king, defender of the faith, and so forth, to our justices, assigned by our letters patent under our great seal of Great Britain, to enquire more fully the truth, by the oath of good and lawful men of our county of Leicester, and by other ways, means, and methods, by which they should and might better know (as well within liberties as without), by whom the truth of the matter may be the better known and enquired into, of all "Leicestershire. Be it remembered, That at treasons, misprisions of treasons, insurrections, the general session of our lord the king, of rebellions, counterfeitings, clippings, washings, Oyer and Terminer, holden for the county of false coinings, and other falsities of the money Leicester, at the castle of Leicester, in and for of Great Britain, and of other kingdoms or do the same county, on Friday the fourteenth day minions whatsoever, and of all murders, felo- of March, in the thirty-third year of the reign Dies, manslaughters, killings, burglaries, rapes of our sovereign lord George the second, now of women, unlawful meetings and conventicles, king of Great Britain, and so forth, before unlawful uttering of words, assemblies, mis- Henry Bathurst, esq. one of the justices of our prisions, confederacies, false allegations, tres- said lord the king, of his court of Common passes, riots, routs, retentions, escapes, conBench; James Hewitt, esq. one of the sertempts, falsities, negligences, concealments, jeants at law of our said lord the king, and maintenances, oppressions, champarties, de- others their fellows, justices of our said lord the ceits, and all other evil doings, offences, and king, assigned by letters patent of our said injuries whatsoever, and also of the accessaries lord the king, under his great seal of Great of them, within the county aforesaid (as well Britain, to them and others, and any two or within liberties as without), by whomsoever more of them made, of whom our said lord the and in what manner soever done, committed, king would have the said Henry Bathurst, or perpetrated, and by whom, or to whom, esq. and James Hewitt, esq. to be one, to enwhen, how, and after what manner; and of all quire more fully the truth, by the oath of good other articles and circumstances concerning the and lawful men of the county aforesaid, and premises, and every or any of them, in any by all other ways, means, and methods, by manner whatsoever, and the said treasons, and which they should or might better know (as other the premises, according to the laws and well within liberties as without) by whom the customs of England, to hear and determine, truth of the matter may be the better known and to every of them, greeting: We, being and enquired into, of all treasons, misprisions of willing, for certain reasons, that all and singular treasons, insurrections, rebellions, counterindictments and inquisitions of whatsoever fe- feitings, clippings, washings, false coinings, louies and murders whereof Lawrence earl and other falsities of the monies of Great Bri. Ferrers viscount Tamworth, late of the parish tain, and of other kingdoms or dominions of Breedon, in the county of Leicester, is in- whatsoever; and of all murders, felonies, dicted before you (as is said), be determined manslaughters, killings, burglaries, rapes of before us, and not elsewhere, do command women, unlawful meetings and conventicles, you, and every of you, that you, or one of unlawful uttering of words, assemblies, misyou, do send, under your seals, or the seal of prisions, confederacies, false allegations, tresone of you, before us, in our present parlia- passes, riots, routs, retentions, escapes, conment immediately after the receipt of this our tempts, falsities, negligences, concealments, writ, all and singular the indictments and in- maintenances, oppressions, champarties, dequisitions aforesaid, with all things touching ceits, and all other evil doings, offences, and inthe same, by whatsoever name the said Law-juries whatsoever, and also of the accessaries rence earl Ferrers viscount Tamworth is called in the same, together with this writ, that we may further cause to be done thereon what of right, and according to the law and custom of England, we shall see fit to be done. Witness ourself at Westminster, the 18th day of March, in the 33rd year of our reign.

"YORKE and YORKE."

"To the justices assigned to enquire of all treasons, murders, &c. committed within the county of Leicester, a writ of Certiorari, to certify into the upper house of parliament the indictment found before them against

of them, within the county aforesaid (as well within liberties as without) by whomsoever, and in what manner soever, done, committed, or perpetrated, and by whom, or to whom, when, how, and after what manner; and of all other articles and circumstances concerning the premises, and every or any of them, in any manner whatsoever; and the said treasons, and other the premises, according to the laws and customs of England, for this time, to hear and determine, by the oath of John Grey, John Palmer, Thomas Boothby the elder, William Pochin, Nathan Wrighte, Charles Skrymsher

charge made by twelve good and lawful men, and a verdict found by the same number of his equals at the least.

My lord, in this period of the proceedings, while your lordship stands only as accused, I touch but gently on the offence charged upon your lordship; yet, for your own sake, it behoves me strongly to mark the nature of the judicature before which you now appear.

lord

for now he stands at the bar upon his deliverance.

Lord High Steward. My lords, the distance of this place from the bar is so great, that I must desire your lordships' leave to go down to the table for the convenience of hearing. Lords. Ay, ay.

Then his grace removed to the woolpack, and delivered the white staff to be held by the ing the whole trial, always received and degentleman usher of the black rod; who, durlivered back the white staff upon his knee.

It is a happiness resulting from your ship's birth and the constitution of this country, that your lordship is now to be tried by your peers in full parliament. What greater consolation can be suggested to a person in your un- Mr.Perrott. (Afterwards a baron of the Exhappy circumstances, than to be reminded, that chequer.) May it please your lordships; this you are to be tried by a set of judges, whose noble lord Lawrence earl Ferrers, the prisoner sagacity and penetration no material circum- at the bar, stands indicted for the felonious killstances in evidence can escape, and whose jus-ing and murder of one John Johnson; and the tice nothing can influence or pervert?

This consideration, if your lordship is conscious of innocence, must free your mind from any perturbations that the solemnity of such a trial might excite; it will render the charge, heavy as it is, unembarrassing, and leave your lordship firm and composed, to avail yourself of every mode of defence, that the most equal and humane laws admit of.

Your lordship, pursuant to the course of this judicature, hath been furnished with a copy of the indictment, and hath had your own counsel assigned; you are therefore enabled to make such defence as is most for your benefit and advantage; if your lordship shall put yourself on trial, you must be assured to meet with nothing but justice, candour, and impartiality.

indictment sets forth, That the right honourable Lawrence earl Ferrers, viscount Tamworth, on the 18th day of January, in the SSD year of his present majesty's reign, with force and arms, at the parish of Breedon, in the county of Leicester, in and upon one John Johnson, feloniously, wilfully, and of his malice aforethought, did make an assault; and that a certain pistol then and there being charged with gunpowder and a leaden bullet, which pistol he the said Lawrence earl Ferrers then and there held in his hand, at, against, and upon him the said John Johnson, then and there feloniously, wilfully, and of his malice aforethought, did discharge and shoot off; and with the leaden bullet aforesaid, by force of the gunpowder aforesaid, out of the said pistol by him so discharged and shot off, the said John Johnson in and upon the left side of the said John Johnson, a little under his lowest rib, then and there feloniously, wilfully, and of his malice aforethought, did strike and wound, giving to the said John Johnson then and there with the leaden bullet aforesaid, out of the said pistol so as aforesaid discharged and shot off, in and upon the said left side a little under the lowest rib of the said John Johnson, one mortal wound, of the breadth of one inch, and depth Here Earl Ferrers was arraigned, in the of four inches; of which said mortal wound the form of the said Indictment, against him, by said John Johnson did languish, and languishthe Clerk of the Crown in the King's-bench. ing did live, until the 19th day of the same month of January, in the 33d year aforesaid; Clerk of the Crown. How say you, Law-on which day, about the hour of nine of the rence earl Ferrers, Are you guilty of the felony and murder whereof you stand indicted, or not guilty?

Before I conclude, I am, by command of the House, to acquaint your lordship, and all other persons who have occasion to speak to the Court, during the trial, that they are to address themselves to the Lords in general, and not to any ford in particular.

Lord High Steward. Lawrence earl Ferrers, Your lordship will do well to give attention, while you are arraigned on your indict

ment.

Earl Ferrers. Not Guilty, my lords.
Cl. of the Cr. Culprit, How will your lord-
ship be tried?
Earl Ferrers.
Cl. of the Cr.
good deliverance.

By God and my peers.
God send your lordship a

Cl. of the Cr. Serjeant at Arms, make proclamation.

Serj. at Arms. Oyez, Oyez, Oyez! All manner of persons that will give evidence, on behalf of our sovereign lord the king against Lawrence earl Ferrers, the prisoner at the bar, let them come forth, and they shall be heard;

clock in the morning, he, the said John Johnson, of the mortal wound aforesaid, died; and so the jurors, upon their oath, do find, that the said Lawrence earl Ferrers, the said John Johnson, in manner aforesaid, feloniously, wilfully, and of his malice aforethought, did kill and murder, against the peace of our lord the king, his crown and dignity.

To this indictment the noble lord, the prisoner at the bar, hath pleaded Not Guilty, and for his trial hath put himself upon your lordships, his peers here present.

We, who have the honour to serve the crown in this prosecution, shall call our evidence; and, if we prove the fact charged by this indictment, we doubt not but your lordships will

find him guilty, and give such judgment for nomination; but, very soon after he became the same as shall be just.

Mr. Attorney General. May it please your lordships, I am likewise of counsel for the crown; and it is become my duty in consequence of that, to open to your lordships the facts and circumstances of this case, out of which your lordships are to collect and find the crime that is charged in this indictment.

invested with this trust, when the noble lord found there was no possible method, by any temptation whatever, to prevail on Mr. Johnson to break that trust, his lordship's mind grew to be alienated towards him, and his former friendship was converted into batred.

When he found it was impossible to remove him from the farm, his resentment against Mr. Johnson increased, and he took at last a determined resolution within himself to commit the horrid fact for which he now stands arraigned.

The first instance of his lordship's malice, that will be produced, will be his giving him notice to quit a beneficial farm that Mr. JohnThe noble prisoner stands bere arraigned son had obtained a promise of from the earl, or before your lordships for that odious offence, his relations, before he was appointed receiver; malicious and deliberate murder. There can- but when it appeared that the trustees had not be a crime in human society that deserves made good the promise, and had granted him more to be punished, or more strictly to be en- a lease, my lord was obliged to desist from that quired after; and therefore it is, that his ma- | attempt. jesty, the great executive hand of justice in this kingdom, has promoted this inquiry, whereby all men may see, that in the case of murder his majesty makes no difference between the greatest and meanest of his subjects. The prisoner has a right, from his quality, to the privilege of being tried before this noble tribunal; if he is innocent, he has the greatest reason to be comforted, that your lordships are his judges; for that nobleness and humanity, which prompt you naturally to incline towards mercy will strongly exert themselves in the protection of innocence. But, on the other hand, if the prisoner is really guilty of the charge, his case is truly deplorable; because your minds cannot be deceived by the false colouring of rhetoric, nor your zeal for justice perverted by any unmanly compassion.

This impartial disposition in your lordships call upon the prosecutors to observe a conduct worthy of this noble assembly; not to inlarge or aggravate any part, or advance a step beyond their instructions; but barely to state the naked facts, in order that, by that means, your lordships may be enabled the better to attend to the witnesses when they are called, to examine and cross-examine, and sift out the truth with more accuracy.

My lords, as I never thought it my duty in any case to attempt at eloquence, where a prisoner stood upon trial for his life; much less shall I think myself justified in doing it before your lordships; give me leave therefore to proceed to a narration of the facts.

My lords, the deceased person, Mr. Johnson, I find to have been employed by the Ferrers family almost during the whole course of his life he was taken into their service in his youth, and continued in it unfortunately to the time of his death.

My lords, I find several causes assigned by the prisoner for this indignation expressed against the deceased; he charged him with having colluded secretly with his adversaries, with being in the interest of those he was pleased to call his enemies, and instrumental in procuring the act of parliament: whether these charges were justly founded or not, is totally immaterial; such as they were, he had conceived them. His lordship, who best knew the malice of his own heart, has confessed that he harboured these suspicions.

Another thing he suspected was, that, in confederacy with Mr. Burslem and Mr. Curzon, he agreed to disappoint his lordship, in regard to a certain contract for coal mines. These notions, though void of truth, had so poisoned his lordship's mind, that he was determined at last to gratify his revenge by murder.

This determination being once settled and fixed in his mind, your lordships will see, with what art and deliberation it was pursued: notwithstanding these seeming causes of disgust, he dissembled all appearance of ill-will or resentment; his countenance towards the de ceased for some months seemed greatly to be changed, and his behaviour was affable and good-humoured.

The poor man, deluded with these appear. ances, was brought to believe he was in no danger, and that he might safely trust himself alone with his lordship.

Matters being thus prepared, on Sunday, the 13th of January, the prisoner made an appoint ment for Mr. Johnson to come to him on the Friday following.

At the time a bill was passed by your lordships about two years ago, to separate lord His lordship, though the appointment was Ferrers from his lady, Mr. Johnson was ap-five or six days before, remembered it perfectpointed receiver of his lordship's estates. At ly; nay, he remembered the very hour he was that time his lordship seems to have entertained to come, and took his measures accordingly; a good opinion of him, because I am told he for your lordships will find, that in order to was appointed receiver at his lordship's own clear the house, Mrs. Clifford, a woman who lives with his lordship, and four children, were directed by him, at three o'clock precisely, to absent themselves; they were ordered to walk out to Mrs. Clifford's father, about two miles

* Charles Pratt, esq. (afterwards lord Camden, chief justice of C. B. and lord chancellor.)

Presently after this, the surgeon went down stairs to prepare a fomentation, and soon after returned: when he came back into the room, Mr. Johnson complained of the strangury, and Just then, my lord Ferrers, as he confessed found a considerable difficulty in making water. afterwards, felt a few momentary touches of This alarmed his lordship again: he then compassion: he permitted Mr. Johnson to be asked Mr. Kirkland, What would be the conled up stairs to bed, till better assistance sequence, if the bladder or kidneys were hurt? could be called; he suffered a surgeon to Mr. Kirkland having laid down his rule of conbe sent for, nay, the very surgeon that Mr. duct, wherein his prudence deserves to be comJohnson himself had desired; and Mr. John-mended, answered, That though the bladder son's children, by his lordship's order, were acquainted with the accident, and sent for to see him.