256 Records of the Rising in the West, A.I). 1655. 



with them all the tyme to manadge the evidence, and untill they privately de- 

 bated the matter amongst themselves. Divers of the honest ineu amongst them 

 privately blamed to mee the peevishnesse of theire fellowes, in making doubts 

 where there was noe cause, and particularly of theire foreman, whose name is 

 Cerriugton Savory ; and truly 1 found him at first somewhat wilful, as hee was 

 scrupulous ; but hee was overpowered by the rest. They have found true bills 

 against all those prisoners named in the list, which Mr. Attorney hath now sent 

 to your honor, &c, &c. 

 Exon. April 21st, 1655. 



With regard to the Juries that the same caution was taken here 

 as at Salisbury, and perhaps even more, we may feel certain from 

 General Disbrowe's promise to Thurloe " to take what care he could 

 with the Sheriffe of Devon " on the subject/ and also from a letter 

 of the Attorney- General's, April 21st, 1655 : — 



" The Jurors we finde very well affected and willing to dispatche (!) the Cava- 

 liers; and the difference amongst them, is to agree most speedilie."* 



Amongst the Thurloe State Papers is the following remarkable 



composition, which is headed with the same date, and contains the 



instructions to the prisoners for their defence, evidently prepared by 



somebody well acquainted with the law. It has been already observed 



that no counsel could, in those days appear for a prisoner unless 



there were points of law to be argued ; so prisoners were compelled 



to use such instruments, to do battle for their innocence. Several 



years after this some most fatal and flagrant miscarriages of J ustice 



occurred, owing to the absence of proper cross-examination in behalf 



of prisoners. But not even then was there a change ; and Jeffreys 



still later, sacrificed his hundreds without brow-beating counsel. At 



length, midst the purer and freer light that " Dutch William" 



permitted in England, his political opponents, the Jacobites, to save 



their own necks, carried an act which allowed those accused of 



treason to retain counsel, for facts as well as law. 



" The Prisoners' Plea for themselves at Exeter, April 18th, 1655.f 



1. We must enquire by friends of the jurors' names, and challenge any, whom 

 wc conceive engaged against us, and challenge them particularly, and give them 

 no reason, for the law alloweth us to challenge 35 without shewing reason ; but 

 we must not challenge above 35 lest judgment pass against us as mutes, refusing 

 legal trial, and so be pressed. 



1 See letter from Taunton, March 28th, 1655, given at p. 142, sup. 



• 3 Th., 398. +3 Th., 391. 



