172 Records of the Rising in the West, A.J). 1655. 



that this dictum of these Lord Commissioners of that assize, would 

 be of great weight, viz : — that those who levy war against the Chief 

 Magistrate of this realm, whatever his name may be (and cordially 

 do I hope it will never be any other than the present), come within 

 this statute. 



With regard to the decision that there should be no count in the 

 indictment for compassing or imagining the death of the Protector; 

 it should be remembered, that there had ever been great difficulty in 

 interpreting these words of the statute. The overt act of levying 

 war, provided it were against the person of a King, had been held 

 to be within it. But could the risers be said to have disclosed any 

 direct purpose against His Highnesses person ? It was at least 

 argueable ; and possibly might create a flaw in a prosecution, which 

 on no account could be permitted to fail. With regard to the Lord 

 Chief Justice's, Mr. Baron Nicholas's, and Mr. Justice Wyndham's 

 support to the present proceedings, and the view which they then 

 took of the Lord Protector and his Government, it will be remem- 

 bered that Cony's case had not been pushed to extremities. 



After the delivery of the charge, the Judges retired, and, as we 

 already know, dined in the evening with the Sheriff. 



Next morning the court sat, and the Grand J ury brought in a true 

 bill for treason against John Lucas, Wagstaffe, Bowles, Mompesson, 1 

 Andrews, and Sir Henry Moore. Of these Lucas was the only one 

 in custody, and he was accordingly placed at the bar for trial. 

 None of " our own correspondents 33 appear to have furnished the 

 various newspapers with any detailed account of the proceedings. 



Captain Crook was rewarded with £200 a-year out of this gentleman's 

 estate. 2 LudL, 518. Notices of this family, which is apparently extinct, will 

 be found in Hoare's Mod. Wilts, Hund. Heyt. 218, 219. A Thomas Mompesson 

 was M.P. for Wilton, Old and New Sarum, and the county of Wilts, 1661 — 

 1695. Another, or the same, Thomas Mompesson was a J. P. at Gorton, near 

 Heytesbury 1659. — Roll of Assize, 1659, Gaol Calendar. Western Circuit 

 Eecords. Ten years later he is mentioned in the Circuit Order Book as haying 

 a dispute with Mr. Thomas Lambert, of Boyton, about the drowning of water- 

 meadows at Boyton and Sherrington. He is there described as " of Corton, 

 Esquire." The description given in the list, p. 166, sup., is " of New Sarum." 

 This may be as accurate as that of Wagstaffe or St. Loe. 



