The King and Parliament of Great Britain

may make Laws to bind Ireland.

The House of

diction to judge

the Advice and Confent of the Lords Spiritual and Temporal, and Commons of Great Britain in Parliament affembled, had, hath, and of Right ought to have, full Power and Authority to make Laws and Statutes of sufficient Force and Validity to bind the Kingdom and People of Ireland.

And be it further declared and enacted by the AuLords of Ireland, thority aforefaid, That the House of Lords of Irehave not Jurif. land have not, nor of Right ought to have, any Juof, affirm, or re- rifaiction to judge of, affirm, or reverse any Judgverfe any Judgment, Sentence, or Decree given or made in any ment, c. given Court within the faid Kingdom; and that all Proin any Court there, and their ceedings before the faid House of Lords upon any Proceedings fuch Judgment, Sentence, or Decree, are, and are thereon are void. hereby declared to be utterly null and void, to all Intents and Purposes whatsoever.

The TRIAL of HUGH REASON
and ROBERT TRANTER at the
King's-Bench, for the Murder of
LUTTERELL Efq;

EDWARD LUTTERELL

Feb.

3. 1721. Hill. 8 Geo. I.

The Indictment fets forth,

The Ladi&tment. THAT the Prifoners, Hugh Reason and Robert Tranter, on the 17th of October laft, about the Hour of Ten of the Clock in the Forenoon, by Force and Arms, in the Parish of St. Clement Danes, in the County of Middlefex, in and upon one Edward Lutterell Efq; feloniously, voluntarily, and of their Malice aforethought, did make an Affault; and that the faid Hugh Reason, with a Pistol then and there charged with Gun-Powder and leaden Bullets, which he shot off against the faid Edward Lutterell, did give him one mortal Wound under the Right Pap, of the Breadth of one Inch, and the Depth of nine Inches; of which Wound the said Edward Lutterell languifhed until Ten o'clock in the Evening of the fame Day, and then died at the

Parish aforefaid, of the Wound aforefaid; and that the faid Robert Tranter, at the Time of the Felony and Murder aforefaid committed, was prefent, aiding and abetting the faid Hugh Reafon to commit the faid Felony and Murder in manner aforesaid, against the King's Peace, &c.

To which India&ment the Prisoners having plead- Vol. vi. p. 196. ed, Not Guilty, Mr. Strange, of Counsel for the Mr. Strange, SerKing, open'd the Indictment; after which Mr. Ser- jeant Cheshire, jeant Cheshire open'd the Evidence; which I fhall Counfel for the not trouble the Reader with here, because he will King.

find it at large in the Body of the Trial; only take Vol. vi. p. 197.
Notice of fuch Points of Law and Remarks as the
Serjeant was pleased to make in the opening of it.
He said:

AS on the one Hand the Prifoners were Officers

of Justice, and must be protected in serving their Procefs; and as long as they did their Duty, must not be abused; yet when People fubmitted to their Authority, they ought alfo to be protected. As the

Law required the one to fubmit, it requir'd the other Vol. vi. p. 198. to protect and preferve their Lives; and if an Officer gave unreasonable Correction, where no Refiftance was made, and Hardships and Difficulties were put upon Prifoners, fo as to fhorten their Lives, he fubmitted it to the Court whether fuch Officers were not guilty of Murder. The Law was fo careful of the Life, that, according to my Lord Coke, If any 3 Inft. 52. 1. Man who is in Cuftody of a Goaler dies, the Coroner's Inquest must fit upon him, that the King may be apprized that the Subject had no foul Play, but died a natural Death. That this Policy of Law, was a good one: And when they had called their Witneffes, it must be left to the Ćonfideration of the Court and the Jury, whether the Cafe of the Prifoners at the Bar was fuch a one as could be juftified; or whether they would not deferve the Punishment due to Ruffians and Affaffines.

Mr. Reeve being alfo of Counsel for the King, faid,

E apprehended this was not a Matter proper for Mr. Reeve, Counthem to fhew with its ufual Aggravations; for fel for the King,

confider

ftates the Fact.

The Evidence for the King.

confidering the Prifoners were not allow'd Coanfel, they were only to lay the Matter fairly before the Jury and the Court, both in relation to Matters of Fact and of Law.

That it was true, the Defendants were Officers of Juftice, and were entitled to the Protection of the Law, fo far as the Law authoriz'd their Actions; but in Cafe they exceeded their Authority, and used their Prifoners barbaroufly where there was no Occafion for it, and a needlefs Quarrel happen'd which they themselves were the Occafion of, and a Perfon was killed, he submitted it to the Court, if they were not guilty of Murder.

They agreed, if the Perfon arrested made Refiftance, and it was neceflary to prevent his Escape, or to preferve the Life of the Officers, (if the Prifo ner attempted it,) to use violent Means; and the Quarrel commenced by the Fault of the Prifoner, then the Officers were not to blame : But if a Quarrel was commenced by the Officers against the Prifoner, who had fubmitted to the Law, and to their Authority, and was willing to do what the Law required, namely, to pay the Debt, and they kept him in Durance only for Civility Money, ufed him ill, began the Quarrel, and fought with the Man on that Account, they fubmitted it whether it was not Murder. They agreed that there was not any Perfon present at the Beginning of the Quarrel, or who continued there during the Quarrel; but from the Circumftances and the Evidence, it would appear that the Quarrel was begun by the Officers. Indeed there were Pistols fetch'd by the Deceased; but they were not defign'd to be made ufe of to injure the Bailiffs: They were only for his Prefervation, if he fhould be illufed by them. If after he had taken these Pistols, he laid them afide, and the Bailiffs took them up, and with one of them hot the Prifoner, he apprehended that would take off the Circumftances that feemed to favour them.

[Thomas Hargrave, Servant to the Deceased, fworn.]

Serj. Cheshire. Tell what paft between your Mafter and the Defendants; and be fure speak the Truth.

Hargrave.

Hargrave. My Lord, my Master sent me to call a Pair of Oars to go to Westminster, on Tuesday between Nine and Ten o'Clock, (I can't tell what Day of the Month it was ;) and when I had called them, he bid me take my Hat and go along with him. When we had got two or three Doors from our Lodging, a little Man, named Tranter, clappp'd Vol. vi. p. 199ì him on the Shoulder. [At the Prisoners Defire the other Witnesses were order'd out of Court.] And prefently after came another Man, Reason, and faid they arrested him: With that my Mafter fays, Gentlemen, If you will go with me, you shall have your Money. My Wife is with Child, and I am afraid fhe will be frighted. No, damn you, we will go with no fuch Minter. With that, with great Perfuafion, my Mafter got them to go to his Lodging, and faid, Fetch the Attorney, and I will pay the Money. Reafon fent Tranter for the Attorney; and Reafon went up with my Mafter, who faid to my Miftrefs, My Dear, don't be frighted; here are two Rafcals who have abufed me in the Street. My Mistress said, Go to my Nephew. I went, but he did not come immediately. When I returned, I went into the Room, and there was no Harm then: My Mafter was walking about the Room; and Reafon ftood with his Back to the Wall, and his Face to the Piftols. My Mafter faid, Let me see your Warrant: Reafon fhewed it him, and he said, Wipe your Arfe with it, and throw'd it down upon the Ground. Reafon asked for Civility Money. My Mafter faid, No, he would give him none, for he had not used him well. At lait Tranter came; I opened the Door to him, he run up Stairs: I ftaid to shut the Door, and heard a Ruftling or Noife; upon which I run up Stairs after Tranter; and I faw Tranter clofe with my Mafter, and throw him against the Closet Door; and Reason took his Sword, and run my Mafter through. I took Reafon hold of the Sword Arm, and he faid, Damn me, if you don't go out of the Room, you shall die before your Master. I heard no Pistol all that Time.

Serj. Chefbire. Did you go in after the Pistol was fhot off, to fee your Master?

Hargrave. No; I did not fee him till after he was carried into t'other Room.

Serj. Cheshire. Did your Mafter give any Direc tion to fetch the Money?

Hargrave.

Hargrave. Yes; he faid to my Mistress, Fetch the Money, and I will pay thefe Rafcals.

Mt. Reeve. Had your Mafter any Weapon?
Hargrave. No.

Mr. Reeve. Where were the Pistols ?

Hargrave. One was on the Table, and the other was in the Window: They were not within his Reach.

Mr. Reeve. You faw him ftab your Mafter: Was there any Attempt to give him another Stab?

Hargrave. Yes; he went to give another Stab: I took him by the Sword Arm, and he said, Damn you, you shall die before your Mafter. Upon that I went, and cried out Murder.

L.C. Justice. When Tranter came, you opened the Door, and followed him up Stairs: Did you hear before he entered the Room any Noise or Stroke?

Hargrave. Only two or three Words: I can't tell what they were.

Mr. Hungerford. What faid Reason when your Mafter told him he did not use him well ?

Hargrave. He fwore, and call'd him a great many Names, call'd him Minter and I don't know what. L. C. Justice. Did your Master defire them to go to any particular Place?

Hargrave. He faid, if they wou'd go with him to Westminster, he wou'd pay them the Money: But they refus'd to go, and faid, They wou'd go with no fuch Minter. He wou'd have had them gone with him to Westminster, for fear of frightning his Wife: She was great with Child: With great Perfuafion he got them to go to his Lodging.

Tranter. Did not I defire your Mafter to fend you for the Attorney, and he said, Damn you, you shall go.

Hargrave. No; I heard no fuch Thing.

[Hefter Gerrard, Maid to the Deceased, fworn.]

Mr. Serj. Cheshire. Tell the Court and the Jury what happen'd at Mr. Lutterell's Lodgings.

H. Gerrard. I was in the Kitchen of a Tuef

Vol. vi. p. 200. day, and heard my Mafter return again, when he was but just gone out before. I ftepp'd to the Stairs, and faw him come in with another Man. I heard