The History of England in Three Volumes, Vol. I., Part F.: From Charles II. to James II.
David Hume · en
There is another remarkable trial, which shows the disposition of the
courts of judicature, and which, though it passed in the ensuing
year, it may not be improper to relate in this place. One Rosewel,
a Presbyterian preacher, was accused by three women of having spoken
treasonable words in a sermon. They swore to two or three periods, and
agreed so exactly together, that there was not the smallest variation in
their depositions. Rosewel, on the other hand, made a very good defence.
He proved that the witnesses were lewd and infamous persons. He proved
that, even during Cromwell’s usurpation, he had always been a royalist;
that he prayed constantly for the king in his family; and that in his
sermons he often inculcated the obligations of loyalty. And as to the
sermon of which he was accused, several witnesses who heard it, and some
who wrote it in shorthand, deposed that he had used no such expressions
as those which were imputed to him. He offered his own notes as a
further proof. The women could not show by any circumstance or witness
that they were at his meeting. And the expressions to which they deposed
were so gross, that no man in his senses could be supposed to employ
them before a mixed audience. It was also urged, that it appeared next
to impossible for three women to remember so long a period upon one
single hearing, and to remember it so exactly, as to agree to a tittle
in their depositions with regard to it. The prisoner offered to put the
whole upon this issue: he would pronounce, with his usual tone of voice,
a period as long as that to which they had sworn; and then let them
try to repeat it, if they could. What was more unaccountable, they had
forgotten even the text of his sermon; nor did they remember any single
passage but the words to which they gave evidence. After so strong a
defence, the solicitor-general thought not proper to make any reply:
even Jefferies went no further than some general declamations against
conventicles and Presbyterians: yet so violent were party prejudices,
that the jury gave a verdict against the prisoner; which, however,
appeared so palpably unjust, that it was not carried into execution.