1684 The Tryal and Conviction of Sr. Sam, Bernardiston, Bart. For High-Misdemeanor at the Session of Nisi Prius, Holden at Guild-Hall, London, For His Majesty's Court of Kings Bench, Before the Right Honorable Sir George Jeffreys, Knight and Baronet, Lord Chief Justice of England, On Thursday, Feb. 14. 1683

Description

First Edition, Rebound

Sir Samuel Barnardiston was an English Whig Member of Parliament and deputy governor of the East India Company, defendant in some high-profile legal cases and involved in a highly contentious parliamentary election. Barnardiston was summoned to trial on the 28 February 1684 for libel, accused of 'being of a factious, seditious, and disaffected temper,' and having 'caused several letters to be written and published' that reflected badly on the king and officers of state. Indeed, two of the four letters that formed the basis of the charge were privately addressed to a Suffolk friend, Sir Philip Skippon, and the others to a linendraper of Ipswich and to a gentleman of Brightwell, with both of whom Sir Samuel was intimate. They contained sentences favouring William Russell, Lord Russell and Algernon Sydney, and stating that 'the papists and high tories are quite down in the mouth,' and that 'Sir George [Jeffreys] is grown very humble;' and on these words the accusation was founded. The trial was tried by George Jeffreys, unfortunately nicknamed as "The Hanging Judge", who became notable during the reign of King James II for avidly enforcing royal policy, resulting in a historical reputation for severity and bias. Jeffreys had a personal concern in the matter and directed the jury to return a verdict of guilty on the ground that the act of sending the letters was itself seditious. An arrest of judgment was moved for, a fine of £10,000 was imposed. However Barnardiston resisted payment, and was imprisoned until June 1688, when he paid £6,000, and was released on giving a bond for the residue. The whole case was later debated in the House of Lords on the 16 May 1689, and Jeffreys's judgment was reversed. An account of the trial was published in 1684 by George Jeffreys himself. With small bookplate to corner of front pastedown reading 'Sum Caroli Whibley'.