The TRYAL and Condemnation of the Trustees of the Land-Bank at Exeter Exchange, for Murdering the Bank of England at Grocers-Hall.
Before Sir I. H. L—d M—r, Sir S. L. R—r, at the Old-Bayly.
Jurors and Witnesses.
Sir W. C.
Sir W. S.
Sir VV. G.
Sir H. F.
Sir I. E.
Sir A. T.
O—ah S—ck
G— H—
I. C.
L. P.
R. L.
T. I.
Counsel against the Murderers, K— G. Clerk of the Arraigns — Cryer, VV. A—d. Mr. B—coe attending to hear the Trial. Ant. G—ot coming in accidentally. R. VV. a Volunteer Witness.
The Indictment.
Sir VV. C. To the Book.
VVe Challenge him.
Bear Witness! I go in dread of my Life.
I bar Challenges, for there are so many Quirks in the Law about them, that if they are admitted, I'll quit the Court
Gentlemen Murderers! Pray be not so rough in your Behaviour, for you'll fright the Jury and Counsel out of Court: VVhatever your Resentments are, let your words be soft: Learn Meekness and Malice (the true Accomplishments of a Courtier)
VVell, (Mr Cryer) Execute your Office
Gentlemen of the Jury, lay all your Hands on the Book together,
You shall all Swear your selves VVitnesses and Jury-men in this Cause,
Gentlemen of the Jury, You are to try this Issue against the Murderers at the Bar. If you find them Guilty, or that they fled from it, Enquire what Guineas or Mill'd Money they have: If neither Guilty nor Fled, say so and no more, and hear your selves give Evidence.
You Murderers at the Bar, hearken what I shall say to you. You stand here Indicted by the Name of Trustees of the Land-Bank at Exeter-Exchange, For that you, &c. How say you, are you Guilty or not?
Not Guilty: And we desire our Plea may be Recorded
'Tis Recorded
Now Mr G— pray take Notice, that you have Indicted us by the Name of Trustees of the Land-Bank at Exeter Exchange, and by that Name we have pleaded, and this Plea is Recorded, and now we are a Corporation upon Record, to sue and be sued by our common Name
G—ds Bl—d Mr G— what Blunders do you make, this was their first stratagem in the House of Commons, to make themselves a Corporation by being called by Parliament Trustees of the Land-Bank, in the Clause they offered for purchasing the Reversions of the Annuities, but we found it out, and so the Clause was withdrawn, and now you have made a fine mornings work of it, and be damn'd to you for an Old Blockheard
This is the first time I have been called Blockhead in Court since I been a Common-Pleas Attorney; but if they have any Exceptions to the Indictment, let them take advantage of it after the Trial: I'le go on to the Evidence, and I believe Mr S—ck will go through the whole Cause
If Mr S—ck can go through the whole Evidence, you had best set him a join'd stool, and let him stand up in the middle
Mr S—ck, please to mount the stool (Vp O—ah!)
And I'le stand on the other side of these Gentlemen Murderers, for I don't like their Challenges
VVe will begin with the Settlement; Mr S—ck, pray give the Court an Account what you know of The Settlement of the Land-Bank at Exeter-Exchange
Account! I can give no account what it is: I thought you could give the best Account of that, because you are a Lawyer
A Lawyer, so I am: I have been a Barrister ever since I was Eight and Fifty, but I never read that Settlement, nor never will, for 'tis against the Prerogative and the Scriveners, and therefore I and three other Conveyancers have made an Oath never to have any thing to do with it.
Come Gentlemen, You shall not want your Evidence, here is the Settlement against the Prerogative and Scriveners
Let the Court do as they please; but for my part, if you begin to read it I'le be gone, for I know there is a Trick in it, and they produce it here to draw us in to be guilty of Misprision, by being privy to it (being, as I say, against the Prerogative) and I offer my Opinion as Amitia Curie, that you cannot safely read it
Ay, G—s Bl—d, I'le hold 3 to 2 'tis against the Prerogative
G—s Z—nd, We won't hear that damn'd long Settlement, I remember they brought just such long things in Parchment to Grocers-Hall, to have us lend Money upon Land in Lancashire, and made us all as mad as Devils
D—mn 'em! I would not read it for Five Pounds
H— I perceive here is like to be a Debate about the Contents of this settlement, but with submission, if we prove the settlement to be the Cause of the Death of the Bank of England, it will be sufficient, though we prove not the Contents of the settlement
Ay, ay, 'tis enough. Come, Mr. S—ck, do you believe in your Conscience, that the Settlement of the Land-Bank at Exeter-Exchange was the Cause of the Death of The Bank of England?
Ay, on my Soul and Conscience do I; for we were at that time in as good Health and Credit as one would wish, Money was brought in to us all day long, as cheap as Neck Beef, we gave nothing for it, but little bits of Paper called Speeds Notes.
In what manner do you apprehend the Land-Bank impaired your Credit?
Why, every one said, that if that succeeded, it would draw the Cash from us, because their Bills being Mortgages on Lands, would be esteemed better Security than our Cashiers Notes, which were given out contrary to Law, and had no real Security.
Consider, we are trying a Murder, and not a Trespass: The Land Bank might do you an Injury, but you must prove the Mortality of the Wound,
Why, Sir, you must know, that at that time our Bank was as bigg as they could tumble with Expectation of being the sole Bank of England, and having the Power of giving Laws to the Kingdom, and the Land-Bank Settlement just then starting out, our Bank took a fright, miscarried of their Expectation, fell into Fits of the Mother, and never claw'd it off to their dying day.
This is full Evidence of the first Wound, Pray, Mr. S—ck, give the Court and the Jury an Account of what you know of the second Wound, by the Clause brought into the House of Commons, for enabling the Trustees of the Land-Bank at Exeter-Exchange to purchase the Reversions of the Annuities.
I don't know any thing of it
VVell, do you believe in your Conscience that this Clause was one Cause of the Death of the Bank of England?
Ay, on my Soul and Conscience do I.
Nay, I am sure of it; for I remember something about a Clause about something at Exeter-Exchange, and I believe that must be it; and I am sure my Stock fell 50 l. per Cent. upon it; I am sure I have lost 1000 l. by their damn'd Clauses and Settlements, or one thing or other.
Well, well, there's the second stroke proved, and now we'll go on to the Act of Parliament.
Come Mr. S—ck, give the Court —
Nay, I think I can say the Words my self now, I O—ah S—ck do believe in my Soul and Conscience that the Act of Parliament for Establishing the Land-Bank was the Cause of the Death of the Bank of England.
Well sworn S—ck, Faith.
Sworn! he swears as well as if he were serv'd with a Subpoena: And for all Sir W. S. call'd me Block-head, you see I understand Evidence, and now I have nothing to do but to summ it up; which is in short, That the Land-Bank murdered the Bank of England; for which I pray Judgment.
And we pray the Verdict may be given before Judgment.
The Verdict is but a Ceremony, with which the Court may dispence.
Nay, Mr. G—, we are Counsel for the Prisoners, and will do them Justice, therefore I am for the Verdict before Judgment.
Thanks for Justice: Then, Mr. G.—, before your Verdict prove the Bank of England dead.
I have the Evidence for that about me: Here's their last Will.
This same O—ah manages Evidence almost as well as I do. Come, read the Will.
Where was your Bank buried?
Why Fools! Don't you hear 'twas a private Funeral to conceal the Body: But here's a Copy of their Epitaph.
Old S—ck blows 'em, Faith! He swears the better for being heated a little.
The Epitaph.
Well, we are satisfied the Bank of England is dead, but must [...] your witness to keep his Stool for one heat more, while we cross-examine him, to prove the Bank of England Felo de se.
I don't know what that is.
Why, that your Bank murdered themselves; and if so, their Effects are forfeited, and you as Executors cannot have them.
What do you say to the Law in that point?
'Tis Crown Law; but it may be so for ought I know, and therefore I cannot advise the Executors to give any Evidence.
Look you Gentlemen at the Bar, have you any other Evidence here? for we cannot force Men to swear against themselves, that is to make them all Felons de se.
Yes, here is the Inquisition post mortem taken before the Justices of the Peace, because the Body could not be found for the Coroner to take an Inquisition upon view of it; and we pray it may be read.
The Inquisition.
Cl. of the Arr.
There's our Evidence: But because your Counsel is not used to Crown Law, we will be so fair to inform him, that the Executors may traverse the Inquisition, if they please, being not taken super visum Corporis: Or if he can prove the Bank of England Non compos mentis at the time when they gave themselves the strokes, they will not be Felo de se.
For your advise of Traversing (which is matter of Law) you may keep it to your selves, for I know 'tis as troublesom as Challenging the Jurors: But for the Evidence I'll try it. Mr. S—ck, Can you swear the Bank of England or their Directors to be mad at the times they evaded the Act, printed a Lye to the Kingdom, and ruined their own Credit by Laws procured by themselves.
Nay, in my Soul and Conscience I think we were all mad, and bewitch'd too, for if you did but see our Hall upon a Pay-day, you'd think Hell were broke loose.
Yes, yes, they say you keep Watch and Ward there, to defend your Cashier from your Creditors, and your Directors from the Devil.
O ho! I know whereabouts you are, you have read the Letter to Mr. L—ck. have you! but did you never read Our Payments defended against it?
Yes, yes, Defended Vi & Armis.
Well, and han't I spoke Lattin in my Letter to a Lord, Hic Labor hoc opus est.
Yes, paying your Bills is hard work.
Hard work! han't I made it easie by general Directions to the Subjects to do as they did before the 4th. of May.
Yes, yes, face about Gentlemen as ye were, do as ye did yesterday, as the Militia Major said to his Men.
Said to his Men, you Fools you, han't I named the Skill and Probity of the Directors three times in four pages.
Yes, yes, Three blew beans in a blew bladder, rattle bladder rattle, say that nine times in a breath if you can.
Breath, Fools! han't I said Our Hall is well scituated?
Yes, for a Den of Thieves, as your Predecessors the Bankers of old made the Temple at Ierusalem: But can you get no one else to write for you?
An't shall like your Worships, I'le write for you if you please.
And I an't shall please your Honours.
Or I, Master S—ck.
Where do you all live?
An't please you, Sir, I live in White-Cross-Alle [...], in middle Moorfields, but I ply in the Lobby in Parliament time.
I live about Charing-Cross, an't please you, but I ply here at the Old-Bayly in Sessions time, where I meet with a Jobb of Testimony now and then.
Truly, Sir, I can't say I live any where, but I am at the Grecian Coffee-house six hours every day.
What Trades are you?
Sir, we Club together, and write Journeywork in Partnership, like Fidlers, 'tis no matter which of us you give the money to.
Why you'l get a Clap together by mingling your Brains so.
Well, what will you have to write for us, and against the Land-Bank this Sessions?
Nay, they can write against No body but themselves.
Master, don't believe them, we wri [...]e as strong as mustard, I wrote a Book against five Gentlemen in their Vindication, I wrote Mr. I. A's Argument proved to be no Argument, and assigned two Errors in hi [...] Settlement. First, That the Bills do not charge the Land. Secondly, That the Lands can never be discharged of them. There's a Dilemma for your Worship, Master S—ck
O we are Old Dogs at Dilemma's, we three wrote Mr. I. A's Plagiarism, (there's a hard word for you) and proved. First, That he stole Mr B—coe's Notions. Secondly That he did not write his own Book. There's Even and Odd with a Witness
And I si [...]n'd a Bond with condition to be void, if the money were not paid at the day.
And we write quick, every one takes his part, and we'll run y [...] up 100 Pages presently, all the same Stile, Sense and Language.
And there's no Hacks-nest in Town can under write us.
No! We go as near the Thumb as any Men, I always write in my own Hair and Brown Paper.
Then we care not what we say, for we have nothing to loose but our Ears, and the residue of Mr. A—d's Hair.
Well, well, I partly understand the Prizes of these matters; We have had several things done in Grub-street.
Come Master, to be short, we'll leave it to your Worship, but I hope you'l consider that I have been at great charge in printing Books, and breaking open Chests, it cost me eighteen pence to a Blacksmith to come at the Cash in my Bank.
Ay, that I'll swear for I had some of the money for advice upon the Clausum fregit.
You must deliver your Papers in the Lobby twice a week.
Yes, yes, your Worship shall see us there every day, if your Directorship please to put on your Spectacles.
Come Gentlemen, you must not make the Court a Market Overt to sell your Wares in. Mr. G. have you done?
I have done, I'll let it rest here, we have proved the Bank of England dead, and their Directors mad, and if that be not Evidence enough to hang [...] Bank men, I don't know what is.
An please your Worships, if you want Evidence, I'll swear them into the Plot for you in my Band.
Ay, we had rather you'd write against us twice, than swear against us once. Your Hand upon the Bible is as terrible as a Heroes upon his Sword.
Gentlemen of the Jury, do you want any more Evidence?
No, no. 'Twould be a Disparagement to Mr. S—ck, to have any one joined with him! Come honest O—ah. thou hast done enough for one day, dismount the Stool, and let me come up and give the Verdict.
Gentlemen of the Jury are ye agreed of your Verdict?
Yes.
Who shall say for you?
Our Fore-man upon the stool.
How say you Sir W. C. are these Murderers Guilty, or not Guilty?
Guilty, guilty, I am sure I am 1000 l. the worse for them, one way or other.
What Guineas or mill'd Money do you find they had?
200 Thousand Guineas, which we carried to Exeter-Exchange in a Cart one morning by break of day.
Well, Gentlemen, I have a direction not to spill Blood, but that your Judgment shall be, and the Court doth award, That you shall go from hence to Exeter-Exchange, (being the place from whence you came) and from thence take the 200 thousand Guineas which are found upon you, and carry them to Grocers-Hall, (being the place of Execution) for repa [...]ing the Bank of England the 200000 l. they lent, on condition to defeat the Land Bank.
If you'll give us a Receit upon the back of what we'll now produce, you shall have the Money.
VVhat is that? give it to the Cl. of Arr.
Articles of a League offensive and defensive, made between — and the Directors of the Bank of England, the day of bringing in the Bill for Establishing a Land-Bank.
‘1. THat there shall be provided a flying Squadron of Volunteers (to be commanded by Sir I. F.) who shall go pickeering in all Coffee-houses and other publick places, to rail against the Land Bank.’
‘II. That in case the power of the Enemy shall prevail to pass the Bill into an Act, all possible care shall be taken to add such Clauses to the Bill as may disable the Prosecutors [Page 4] thereof to raise the moneys thereby intended; and if by any mistake or inadvertency any Clause shall be agreed to, which upon second thoughts shall be thought to tend towards the raising the said moneys, the same shall afterwards be opposed, expunged or cut out.’
‘III. That all possible care shall be taken, that the Act be so long delayed, that the Commission may not be Issued soon enough for receiving any subscriptions in Clipt; money before the 4th of May, pursuant to the Clause in the Act for remedying the ill state of the Coine, pag. 9. and that the Commission shall by any frivolous Objections be delayed as much as may be to the 1st. of August, to streighten the Commissioners in time, and that all persons expediting the Commission shall be reprimanded and affronted.’
‘IV. That after the Commission Issued, there shall be a Proclamation Issued out by some body of the — prohibiting all Officers of Court to subscribe to it.’
‘V. That the said Directors (between the passing the said Act and the 1st. of August, 1696.) shall furnish out of their Creditors Money 200000 l. to maintain the Seige against the Commissioners for taking subscriptions, and shall send their Oaths of Fidelity to their Members, who took the same, forbidding them to subscribe to the Land-Bank upon pain of damnation.’
A Proclamation Issued out by one of the — the day of Issuing out the Commission for taking Subscriptions to the Land-Bank.
Where had you those Papers?
We pickt them out of Mr. S—ck Pocket, while he was kneeling to one of his Patrons in the Lobby.
Ay, just so they stole my Notions from me, and then turned my Book into an Almanack to make it ridiculous.
Ay, just as the Painter clapt a Tail to a Fellow of a Monkey-face, and then sold him for a Jack-an-apes.
But pray Mr. R—r Can't I bring an Indictment of Felony against them for this?
If the value were above a shilling you may, or else 'tis but petty Larceny.
No [...] the whole Value was but 8 pence, and therefore I have stiled it Plagiarism, which is the punishment in petty Larceny.
Ay, but suppose 'twere done in the Night, [...] with submission it will be Burglary.
If the Book had Clasps on I conceive it [...] for the opening the Clasps in the Night will be such a break [...] as to make it Burglary
Some of them had Covers in the second year won't that do?
Is one Witness enough to prove the Burglary?
Yes, if it be a good one.
Then Mr. B—coe get Clasps put on one of your Books and let me have it, and I'll form the Oath for you, and swear it when I have done.
What Thieves and Murderers too Gentlemen, Come I must tell you, The Blood and VVounds —
Two shillings for your Oath Sir, if you please.
What d'ye banter the Court too, I promise you I shall commit you to Dr. C—lains Messengers, to cool your Stomachs for you, since your Brains are so hot this Morning. I say the Blood and Wounds of the Bank of England, (I know what I'm going to say) will rise up in Judgment against you, as the blood of the Horses will against VVhitney when they meet.
Ay, well remembred, and what's next?
I'll have the printing of this Trial. That's next.
What reason for that, this is the first word you have offered in the Case.
What a that, why should I be put to speak, are nor you the mouth of the Court?
Is Mr. S—ck here?
Yes.
Here, I have been at your Bank for 5000 l. and your Cashier tells me the Bills are out, and that I must come to you.
Let's see the Bills, Why these Bills are out, I wonder that you being an ancient Practicer, should know the Rules of the Court no better, I think I have a Copy of them about me, (and delivers them to Mr. G.) we can't pay you any money till we receive this 200 thousand Guineas from those Land-Bank men.
VVhat do you tell me of Rules of Court and Land-Bank men, all you and your Banks are a pack of Cheats. I entered my mannor of M—font, with Dr. C—lain three months agoe, and can get no money yet, here we pay Taxes and Polls, and all the money is gone away into Banks, and Sallaries to Officers. I offered at first to furnish them with a set of Judges for 600 l. a year a peice; as good as any they have for 1000 l. my Brother should have been one, and then I lost 1500 l. by one of my familiar Peers, whom I used to take by the buttons in King Iames's time, but he gave me the slip to run away with his Master. If you'll chop and change your Revolutions on such suddains, how can any man get in his Debts ffrst, I am sure I have no place, and I'll tell you plainly if you don't pay me my money I'll sue you, you and all your Banks, and your Land-Banks for a pack of Cheats.
And who shall pay me?
And me.
Ay, and me.
I don't know, we never pay any money in Specie, nor divide any Bills under 50 l. and that's too much for you all. VVe'll give the Jury a Dinner and Mr. G. a Supper, and that's all we can do at present.
Hay, hay, I am finely bubled into a Trial, and called blockhead to boot.
Bubled! a plague rot 'em all for me, what must I arraign Rogues for nothing?
Nay, good Master S—ck, Crying is dry work pray Sir.
VVell Gentlemen, if you have done with us, we'll leave you together, to print your Trial, and pay your Bills and Fees amongst your selves. And so your Humble Servants.
The Rules of Court delivered by Mr. S—ck to Ant. G—dot.
THe Directors of the Bank of England, for the Instructions of all Practicers in their Court, do order that these Rules folowing he skreen'd in Grocers Hall.
- 1. That no Bill shall be presented to the Cashire, to know whether be will pay it or not, 'till one month at least after the date.
- 2. That when the Bill stands duely presented, the Cashier shall date the day of the presentation.
- 3. That any person having a Bill so duely presented and noted, may lawfully move the Cashier at the Side-Bar to have a day appointed for payment of such part of the Money as the Cashier shall think fit.
- 4. That the Cashier shall thereupon give a day for payment, unless cause be shewed to the contrary.
- 5. That want of Money, or other opportunities to dispose of it to profit, be allowed as a good Cause of Non-payment.
- 6. That no Bill of [...]ing or more shall be capable of being presented to the Cashier without one Motion made to the Directors, and a Scire Facias sued out thereupon.
- 7. That the Cashier accept no Bills of the Bank in payment [...]o Forreign Bills, and that all Merchants who refuse the Bank Bills in payment of Forreign Bills, shall be summoned to Wh— Hall as dis [...]flected no the Government, for that their Bills (and Notes contrary to Law) are the only Species of Money in the Kingdom, to be accepted and taken by all persons but themselves.