The Tryal and Condemnation of the Trustees of the Land-Bank at Exeter Exchange, for Murdering the Bank of England at Grocers-Hall
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. | O—ah S—ck |
Sir W. S. | G— H — |
Sir W. G. | J. C. |
Sir H. F. | L. P. |
Sir J. E. | R. L. |
Sir A. T. | T. J. |
Counsel against the Murderers, K---G. Clerk of the Arraigns —— Cryer, W. A---d. Mr. B ——— coe attending to hear the Trial. Ant. G---ot coming in accidentally. R. W. a Volunteer Witness.
The Indictment.
THe Jurors upon their Oaths do say, That the Trustees of the Land-Bank at Exeter-Exchange not having the Fear of the Mighty THE before their Eyes, but moved and seduced by the instigation of Sense and Reason, the Bank of England at Grocers-Hall, in the Ward of Cheap, London, intending to kill and murder, on the 10th day of August 1695. upon the Bank of England aforesaid, (in Peace from all their Creditors then being) at Grocers-Hall aforesaid, did make an Assault, and with a certain formidable Weapon, called The Settlement of the Land-Bank inrolled in Chancery An. Dom. 1695. containing Ten Skins of Vellum, in length 24 Inches, and in breadth 22 Inches, in both their hands then having, then and there unto the Bank of England aforesaid, on that part of their Head where their Brains should lie, with both their Hands aforesaid, one Mortal Wound, in length three Inches, and in depth two Inches, did give, of which said wound the Bank of England aforesaid, at Grocers-Hall aforesaid, did languish until the then next Session of Parliament. And the Jurors aforesaid upon their Oaths do say, That afterwards, to wit, in the said then next Session of Parliament, the Trustees aforesaid, the sooner to kill and murder the the said Bank of England, upon the same Bank of England then languishing, at Grocers-Hall aforesaid, did make a further Assault, and a certain poisoned Arrow made of Copperas, Galls and Raggs, called A drawn Clause for enabling the Trustees of the Land-Bank to purchase the Reversions of the Annuities, in their right hand then having, out of their right hand aforesaid, into the H—se of C—ns then sitting did shoot, from whence the same Arrow so shot did rebound upon Grocers-Hall aforesaid, and the Bank of England aforesaid then and there languishing upon the same part of the Head did smite: And so the Jurors aforesaid do say, That the Trustees aforesaid, the last Session of Parliament aforesaid, to the Bank of England aforesaid, at Grocers-Hall aforesaid, one other mortal wound did give, of which the said Bank then languished, until the end of the said Session of Parliament. And the Jurors aforesaid do say, that before the end of the said Session of Parliament, the Trustees aforesaid, the sooner to kill and murder the said Bank of England, in and upon the same Bank of England, at Grocers-Hall aforesaid, did make a further Assault, and another poisoned Arrow, made of Copperas, Galls and Raggs, called A Bill for Establishing a Land-Bank, in both their hands then having, into the same H—se of C—ns then sitting, out of both their hands aforesaid did shoot, which said Bill did then and there grow into a certain formidable Engine, called An Act of Parliament. And the Jurors aforesaid do say, That the Trustees aforesaid, the last Session of Parliament aforesaid, at Grocers-Hall aforesaid, with the Act of Parliament aforesaid, in both their hands then having, the Bank of England aforesaid, at Grocers-Hall aforesaid, then and there languishing, upon the same part of the Head one other mortal wound did give, of which the Bank of England aforesaid, at Grocers-Hall aforesaid, until the fifth day of May, 1696. did languish, and then and there languishing died. And so the Jurors aforesaid do say, That the Trustees of the Land-Bank at Exeter-Exchange aforesaid, the Bank of England at Grocers-Hall aforesaid, did Kill and Murder against the Peace. &c.
Cryer Sir W. C. To the Book.
Trustees We Challenge him.
Sir W. C. Bear Witness! I go in dread of my Life.
Counsel I bar Challenges, for there are so many Quirks in the Law about them, that if they are admitted, I'll quit the Court
Mr. R——r Gentlemen Murderers! Pray be not so rough in your Behaviour, for you'll fright the Jury and Counsel out of Court: Whatever your Resentments are, let your words be soft: Learn Meekness and Malice (the true Accomplishments of a Courtier)
Trustees Well, (Mr Cryer) Execute your Office
Cryer Gentlemen of the Jury, lay all your Hands on the Book together, (All hands on) You shall all Swear your selves Witnesses and Jury-men in this Cause, (All kiss the book)
Cl. of Arr. 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.
Cl. of the Arr. 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?
Trustees Not Guilty: And we desire our Plea may be Recorded
Cl. of the Arr. 'Tis Recorded
Trustees 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
Sir W. S. 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
Counsel 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
Mr. R——r 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
Cryer Mr S—ck, please to mount the stool (Vp O—ah!)
Sir W. C. And I'le stand on the other side of these Gentlemen Murderers, for I don't like their Challenges
Counsel We 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
Mr S—ck. Account! I can give no account what it is: I thought you could give the best Account of that, because you are a Lawyer
Counsel 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.
Trustees Come Gentlemen, You shall not want your Evidence, here is the Settlement against the Prerogative and Scriveners
Counsel 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
Sir. H. F. Ay, G—s BL—d, I'le hold 3 to 2 'tis against the Prerogative
Sir W. S. 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
Sir H. F. D—mn 'em! I would not read it for Five Pounds
Mr. G. 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
Counsel 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?
<2>Mr, S—ck. 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.
Mr. R——r. In what manner do you apprehend the Land-Bank impaired your Credit?
Mr. S—ck. 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.
Mr. R——r. Mr. S.—ck. 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,
Mr. S—ck. 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.
Counsel. 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.
Mr S—ck I don't know any thing of it
Counsel Well, do you believe in your Conscience that this Clause was one Cause of the Death of the Bank of England?
Mr. S—ck. Ay, on my Soul and Conscience do I.
Sir W. C. 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.
Counsel. Well, well, there's the second stroke proved, and now we'll go on to the Act of Parliament.
Counsel. Come Mr. S—ck, give the Court —
Mr. S—ck. 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.
Sir W. C. Well sworn S—ck, Faith.
Counsel. 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.
Trustees. And we pray the Verdict may be given before Judgment.
Counsel. The Verdict is but a Ceremony, with which the Court may dispence.
Mr. R——r. Nay, Mr. G—, we are Counsel for the Prisoners, and will do them Justice, therefore I am for the Verdict before Judgment.
Trustees. Thanks for Justice: Then, Mr. G.—, before your Verdict prove the Bank of England dead.
Mr. S—ck. I have the Evidence for that about me: Here's their last Will.
Counsel. This same O—ah manages Evidence almost as well as I do. Come, read the Will.
Cl. of the Arr. >KNow all our Creditors by these Presents, That we the Governour and Company of the Bank of England, being weak in Body through the Wounds received from the Land-Bank at Exeter-Exchange (to whom we lay our Death) but of as good sense as ever we were, finding our selves impaired in our Credit and Reputation, and despairing of Recovery, do make this our last Will and Testament. First, We bequeath our Soul to the Devil, in order to serve the Publick out of our Creditors Money: And as to the Qualities of our Mind, we dispose thereof as follows, viz. All our Skill in Foreign Exchanges, and our Probity and Candor in making up the Accounts of the Loss thereof, we give to all and every of our Directors (except four or five) jointly and severally, to hold to them and their Successors in Tail-Bank, as Heire-Loomes and indelible Monuments of their Skill and Probity for ever. All our Obstinacy and Blunders we give to our present G—r. All our Oaths, Impudence and Lies, we give unto our present D— G—r, and our D—r Sir H. F. to hold in joynt Partnership during their Lives, and the Survivor to have the whole. All our shuffling Tricks we give to our D—r Sir W. G. All our Cinicalness and Self-conceit we give to our D—rs I. W. and G. H. equally to be divided betwixt them, share and share alike, as Tenants in Common. All our Blindness and Fear we give unto our D—r O—ah S—ck, and we also give him five Pounds in Money, to buy him a New Cloath Coat, a New half Beaver Hat, a second hand Periwigg, and an old black Sword, to solicit with in the Lobby, and also to buy him a pair of Spectacles to write Letters to Lords with. And as to the residue of our Temporal Estate (besides the said 5 l.) we dispose thereof as followeth: Imprimis, We devise to our own Members (when they shall have paid in their whole 100 l. per Cent.) our Fund of 100000 l. per Ann. charged and chargeable, nevertheless with the summ of 1200000 l. for which it stands Mortgaged by Bank Bills, in full satisfaction of all their great Expectations from the Probity and Skill of our Directors, advising them to accept a Redemption thereof by Parliament whenever they can have it. Item, All our ready Moneys (before any of our Debts paid) we give to our Executors herein after named, upon trust that they shall from time to time, until the first day of August, 1696. lend the same into the E—r, upon Condition to defeat the Establishment of the Land Bank: And from and after the said first day of August, then to lend out the same into the said E—r upon security of Promises to Establish our Executors the next Sessions instead of the Land-Bank, and for such other Premiums as our said Executors can get to themselves for doing thereof. And we do direct our said Executors to continue the Stock and Pensions already allowed to our fast Friends they know where And after all our ready Moneys so disposed, we leave the residue of our Effects for payment of our Bills and Notes, at such days and hours, and in such manner and proportion, and with such preferences as our said Executors shall think fit. And we do hereby Constitute our Directors Executors of this our Will, giving unto each of them Power out of our Cash to discount their own Talleys, Bills and Notes at Par, and the Bills and Notes of other our Creditors at the highest Discount they can get for the same: And our Body we commit to be buried with all privacy, lest our Creditors arrest our Corps. In Witness whereof we have hereunto set our Common Seal, the 4th. day of May, 1696.
Trustees. Where was your Bank buried?
M. S—ck Why Fools! Don't you hear 'twas a private Funeral to conceal the Body: But here's a Copy of their Epitaph.
Sir W. C. Old S—ck blows 'em, Faith! He swears the better for being heated a little.
The Epitaph.
Cl. of the Arr. HEre lyes the Body of the Bank of England, who was born in the Year 1694. and dyed the 5th. day of May, 1696. in the third Year of their Age. They had Issue Legitimate by their Common Seal 1200000 l. called Bank Bills, and by their Cashier two Millions of Sons of Whores, called Speeds Notes.
Trustees. Well, we are satisfied the Bank of England is dead, but must desire your witness to keep his Stool for one heat more, while we cross-examine him, to prove the Bank of England Felo de se.
Mr. S—ck. I don't know what that is.
Trustees. Why, that your Bank murdered themselves; and if so, their Effects are forfeited, and you as Executors cannot have them.
Mr. R——r, Mr. G. What do you say to the Law in that point?
Counsel. 'Tis Crown Law; but it may be so for ought I know, and therefore I cannot advise the Executors to give any Evidence.
Mr. R——r, 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.
Trustees. 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.
London ss. AN Inquisition intended, taken at Grocers-Hall the 5th. day of May, 1696. before A, B, C, D, &c. Justices, by E, F, G, H, &c. Jurors, return'd, sworn and impannell'd to enquire into the Cause of the Death of the Bank of England, who upon their Oaths do say, That on the last day of the Session of Parliament, in which the said Bank was established, the said Bank then being in Health, the Directors of the Bank aforesaid, the fear of the Laws of the Kingdom before their Eyes not having, but moved and seduced by the instigation of Covetousness and Folly, at Grocers-Hall aforesaid, the day and year aforesaid, intending to evade the said Act of Parliament, did devise and frame several unlawful Engines called Cashiers Notes, and with the Engines aforesaid did draw in several great summs of Clipt Moneys, and certain peices of Wood called Talleys, whereby they came indebted above the summ of 1200000l in contempt of the said Act of Parliament. And the Jurors aforesaid do say, that in the Session of Parliament then next following, the Directors of the Bank aforesaid, the Love of Truth in their Hearts not having, but moved by the Fear of Punishment, with intent to impose upon the subjects of this Kingdom, at Grocers-Hall aforesaid, a certain false Libel, called an Advertisement did devise and frame, in these words following, or to the like effect, viz. The Directors of the Bank of England do hereby give Notice, that they will lend Money on all real securities at Interest of 5 l. per Cent. and the same false Libel into the Gazette did put, And the Jurors afore said do say, that the Di <3> rectors of the Bank aforesaid their Promise not regarding, the Moneys aforesaid did not lend, nor have hitherto lent, in decepit of the subjects of this Kingdom. And the Jurors aforesaid do say, that the Directors of the Bank aforesaid, in further prosecution of their Covetousness and Folly, being ignorant and unskilful in Forreign Exchanges, and having no Goods or Effects in Forreign parts, did undertake and contract for the remitting of great Summs of Money beyond the Seas. And the Jurors aforesaid do find, that the Bank aforesaid having by their Cashiers Notes, and remitting of Moneys as aforesaid, contracted great Debts at home and abroad, out of their further Covetousness and Folly did deliver a Memorial for procureing an Act for recoining the silver Moneys of this Kingdom, and reducing the price of Guinea's, in hopes thereby to recover their losses by their remittances aforesaid; and also fondly fancying that their said unlawful Engines would have drawn in unto them the Moneys recoined, and the Guinea's reduced, in the same manner as they did the clipt Moneys. And the Jurors aforesaid do say, That the recoining the said silver Moneys did occasion the greatest part of the Moneys then in the subjects hands to be drawn from them, in order to be recoined, which (contrary to the fond Conceit of the Directors aforesaid) after the said 4th. day of May, 1696. did occasion great Demands to be made upon them at home and from abroad, for payment of the Bills and Notes, in currant Moneys. And the Jurors aforesaid do say, That the Bank of England aforesaid their former Trespasses and Debts calling to mind and despairing of the Payment and Forgiveness thereof, on the 5th. day of May, 1696 between she hours of 12 and 1 of the same day at Grocers-Hall aforesaid, a certain desperate speech (by the mouth of their Governour) did attempt to utter, and in the attempt thereof then and there instantly dyed. And so the Jurors aforesaid do say, that the Bank of England aforesaid, on the 5th. day of May 1696. between the hours of 12 and 1, of the same day, at Grocers-Hall aforesaid, of the Payment and Forgiveness of their former Debts and Trespasses utterly despairing, then and there of Despair dyed.
Trustees. 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.
Counsel. 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.
Mr. S—ck. 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.
Trustees. Yes, yes, they say you keep Watch and Ward there, to defend your Cashier from your Creditors, and your Directors from the Devil.
Mr. S—ck. 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?
Trustees. Yes, yes, Defended Vi & Armis.
Mr. S—ck. Well, and han't I spoke Lattin in my Letter to a Lord, Hic Labor hoc opus est.
Trustees. Yes, paying your Bills is hard work.
Mr. S—ck. Hard work! han't I made it easie by general Directions to the Subjects to do as they did before the 4th. of May.
Trustees. Yes, yes, face about Gentlemen as ye were, do as ye did yesterday, as the Militia Major said to his Men.
Mr. S—ck. Said to his Men, you Fools you, han't I named the Skill and Probity of the Directors three times in four pages.
Trustees. Yes, yes, Three blew beans in a blew bladder, rattle bladder rattle, say that nine times in a breath if you can.
Mr. S—ck. Breath, Fools! han't I said Our Hall is well scituated?
Trustees. 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?
Mr. B—coe. An't shall like your Worships, I'le write for you if you please.
R. W. And I an't shall please your Honours.
Cryer. Or I, Master S—ck.
Mr. S—ck. Where do you all live?
Mr. B—coe. An't please you, Sir, I live in White-Cross-Alley, in middle Moorfields, but I ply in the Lobby in Parliament time.
R. W. 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.
Cryer. Truly, Sir, I can't say I live any where, but I am at the Grecian Coffee-house six hours every day.
Mr. S—ck. What Trades are you?
Mr. B—coe. Sir, we Club together, and write Journeywork in Partnership, like Fidlers, 'tis no matter which of us you give the money to.
Trustees. Why you'l get a Clap together by mingling your Brains so.
Mr. S—ck Well, what will you have to write for us, and against the Land-Bank this Sessions?
Trustees Nay, they can write against No body but themselves.
Cryer. Master, don't believe them, we write 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 his 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
R. W. 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
Mr. B—coe. And I sign'd a Bond with condition to be void, if the money were not paid at the day.
Mr. A—d. And we write quick, every one takes his part, and we'll run ye up 100 Pages presently, all the same Stile, Sense and Language.
R.W. And there's no Hacks-nest in Town can under write us.
Cryer. No! We go as near the Thumb as any Men, I always write in my own Hair and Brown Paper.
Mr. B—coe. 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.
Mr. S—ck. Well, well, I partly understand the Prizes of these matters; We have had several things done in Grub-street.
Mr. B—coe. 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.
R. W. Ay, that I'll swear for I had some of the money for advice upon the Clausum fregit.
Mr. S—ck. You must deliver your Papers in the Lobby twice a week.
Mr. B—coe. Yes, yes, your Worship shall see us there every day, if your Directorship please to put on your Spectacles.
Mr. R——r. Come Gentlemen, you must not make the Court a Market Overt to sell your Wares in. Mr. G. have you done?
Counsel. 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 Land Bank men, I don't know what is.
R. W. An please your Worships, if you want Evidence, I'll swear them into the Plot for you in my Band.
Trustees. 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.
Mr. R——r. Gentlemen of the Jury, do you want any more Evidence?
Sir W. C. 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. (up Foreman)
Cl. of Arr. Gentlemen of the Jury are ye agreed of your Verdict?
Iury. Yes.
Cl. of Arr. Who shall say for you?
Iury. Our Fore-man upon the stool.
Cl. of Arr. How say you Sir W. C. are these Murderers Guilty, or not Guilty?
Sir W. C. Guilty, guilty, I am sure I am 1000 l. the worse for them, one way or other.
Cl. of Arr. What Guineas or mill'd Money do you find they had?
Sir W. C. 200 Thousand Guineas, which we carried to Exeter-Exchange in a Cart one morning by break of day.
Mr. R——r. 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 repairing the Bank of England the 200000 l. they lent, on condition to defeat the Land Bank.
Trustees. If you'll give us a Receit upon the back of what we'll now produce, you shall have the Money.
Mr. R——r. What is that? give it to the Cl. of Arr.
Cl. of the 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 <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.
SOme Body (by his own procurement) One of the — To all Auditors, Tellers, Clerks, and other Officers of the Exchequer: To all Commissioners, Receivers, Collectors, and other Officers of the Publick Revenue: To all Pay-masters of the Army and Navy, to all Agents of Regiments, and all other Officers, Agents of Servants, having or receiving any Sallary, Stipend, Fee or Wages, out of the Receipt of the Exchequer, Greeting. Whereas we are given to understand, that the Commissioners for taking Subscriptions to the Land-Bank intending to invade out Exchequer with the summ of Two Millions five hundred sixty four thousand pounds, and to distress his Majesty, his Army and Navy, by paying the same into our hands for their use, in order thereunto have intrenched themselves within two several Garrisons, the one at Mercers-Hall, London; the other at Exeter-Exchange near the Savoy, where they have provided among themselves 600000 l. and more, and do there daily rendevous, and from thence sally out in great numbers to forrage in all places where they have intelligence of any ready Moneys: We have thought fit to Issue out this our Proclamation, strictly charging and requiring you, and we do hereby strictly charge and command you, That you that you do {illeg} Moneys from within ten miles of the said Garrisons, and all other places where the Enemies come to forrage, that they may be thereby distressed, and left destitute of Subscriptions. And we do also strictly charge and command you, that in all places, and on all occasions, ye do endeavour to possess the Subjects against the said Commissioners, as prejudicial to our designs, and destructive to our ambition, and that ye do in all things treat and use them as Enemies against us in open War. And we do hereby strictly charge and command all Officers extraordinary, who are waiting for or expecting any Offices or Places under us, or wherein we have any influence, that they be from time to time aiding and assisting to you in aspersing and affronting the Commissioners aforesaid. And of this you are not to fail, for fear of loosing your possessions, and they their expectations. Given, &c.
Mr. R——r Where had you those Papers?
Trustees. We pickt them out of Mr. S—ck Pocket, while he was kneeling to one of his Patrons in the Lobby.
Mr. B—coe Ay, just so they stole my Notions from me, and then turned my Book into an Almanack to make it ridiculous.
Trustees Ay, just as the Painter clapt a Tail to a Fellow of a Monkey-face, and then sold him for a Jack-an-apes.
Mr. B—coe But pray Mr. R——r Can't I bring an Indictment of Felony against them for this?
Mr. R——r If the value were above a shilling you may, or else 'tis but petty Larceny.
R. W. No not the whole Value was but 8 pence, and therefore I have stiled it Plagiarism, which is the punishment in petty Larceny.
Cryer Ay, but suppose 'twere done in the Night, {illeg}, with submission it will be Burglary.
Mr R——r If the Book had Clasps on I conceive it w{illeg} for the opening the Clasps in the Night will be such a breaking as to make it Burglary
Mr. B—coe Some of them had Covers in the second year won't that do?
R. W. Is one Witness enough to prove the Burglary?
Mr R.—r Yes, if it be a good one.
R. W. 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.
Mr. R——r What Thieves and Murderers too Gentlemen, Come I must tell you, The Blood and Wounds —
Trustees Two shillings for your Oath Sir, if you please.
Mr. R——r 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 Whitney when they meet.
Trustees Ay, well remembred, and what's next?
L— M——R I'll have the printing of this Trial. That's next.
Mr. R——r What reason for that, this is the first word you have offered in the Case.
L——d M——R What a that, why should I be put to speak, are nor you the mouth of the Court?
Enter A. G—t.
A. G—t Is Mr. S—ck here?
Cryer Yes.
A. G—t 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.
Mr. S—ck 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.
A. G. What 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.
Counsel. And who shall pay me?
Cl. of Arr. And me.
Cryer. Ay, and me.
Mr. S—ck 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. We'll give the Jury a Dinner and Mr. G. a Supper, and that's all we can do at present.
Counsel Hay, hay, I am finely bubled into a Trial, and called blockhead to boot.
Cl. of Arr. Bubled! a plague rot 'em all for me, what must I arraign Rogues for nothing?
Cryer Nay, good Master S—ck, Crying is dry work pray Sir.
Trustees Well 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 {illeg}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 of Forreign Bills, and that all Merchants who refuse the Bank Bills in payment of Forreign Bills, shall be summoned to Wh— Hall as dis{illeg}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.
The Epilogue.
I Do appoint Mr. John B—coe's Printer in Bartholomew-Close to print this Trial, and that no other Person presume to print the same.
J. H. M——R.
Source
The Tryal and Condemnation of the Trustees of the Land-Bank at Exeter Exchange, for Murdering the Bank of England at Grocers-Hall (London: 1696).1696, c. 6,851 words.