<P_3.4,326>

<heading:edcomment:LETTER_DXXV>

<P_3.4,327>

Tuesd. 27th Apr. 97 (SOMERS-E3-H,3.4,327.4)

Sir I have taken the first opportunity of sending to your Majesty M=r=.
Attorney $General $s {TEXT:Generals} state of the circumstances of the
several persons who stand charg'd as concern'd in the conspiracies
against your person or government . (SOMERS-E3-H,3.4,327.5)

I take it to be defective in what seems most material ,
(SOMERS-E3-H,3.4,327.6)

for he has not given any opinion whether any of them may be prosecuted
. (SOMERS-E3-H,3.4,327.7)

And the only method which I can propose now for supplying this , is ,
that when your Majesty does think fit to send this paper to the Lords
Justices , they should be directed to require M=r=. Attorney and M=r=.
Solicitors opinion , as to the several persons who are in custody ,
what may be done with them . (SOMERS-E3-H,3.4,327.8)

I would beg leave to make a few observations upon some parts of the
paper . (SOMERS-E3-H,3.4,327.9)

As to my Lord Aylesbury ; since the escapes of Goodman , Birkinhead ,
and Hunt , there is no other witnesse against him , at present , but
Porter . (SOMERS-E3-H,3.4,327.10)

It is true Cook may be made a witnesse by your Majesties pardon ,
(SOMERS-E3-H,3.4,327.11)

but when he is pardoned , it will in a great measure depend upon his
own ingenuity and sincerity , whether he will speak the truth without
reserve ; (SOMERS-E3-H,3.4,327.12)

and he is such an odd fellow , that one may have reason to fear both
his folly and knavery . (SOMERS-E3-H,3.4,327.13)

As to M=r=. Porter there is no legal objection to any part of his
evidence , nor in my opinion , any reasonable <P_3.4,328> ground to
call in question the truth of any one circumstance he has sworn :
(SOMERS-E3-H,3.4,328.14)

but there was great care taken to find out some colour of exception to
what he said at the barr of the House of Lords ,
(SOMERS-E3-H,3.4,328.15)

and those who protested against the vote in Sir John Fenwick's case did
industriously set down , as one of their reasons , that Porters was a
doubtfull evidence . (SOMERS-E3-H,3.4,328.16)

As to Cook himself , if your Ma=ty= is pleas'd to use him as an
evidence , there is nothing to be done but to passe his Pardon , and
see to make him as honest as he can be ; (SOMERS-E3-H,3.4,328.17)

but , if that be not thought advisable , it may then deserve
consideration whether it will not be thought hard to execute him after
so many reprieves , or imprudent to pardon him , so as to suffer him to
live in England . (SOMERS-E3-H,3.4,328.18)

As to my Lord Mongomery , I have nothing now to offer to your Majesty .
(SOMERS-E3-H,3.4,328.19)

But in relation to the behaviour of the Sherifs upon his account , I
would beg leave to say , that if your Majesty be displeas'd with it ,
and does judge it fit to have them prosecuted , it will be necessary
that some positive order should be given in that matter .
(SOMERS-E3-H,3.4,328.20)

As to the persons mention'd to be outlaw'd for treason , I do humbly
propose two things . That the Justices be ordered to direct M=r=.
Attorney , 1 , to look that there be no errors in the outlawries . 2 ,
to proceed to enquire immediately after their estates .
(SOMERS-E3-H,3.4,328.21)

I will not presume to trouble your Majesty further <P_3.4,329> at this
time upon M=r=. Attorney's paper : (SOMERS-E3-H,3.4,329.22)

but there is another thing which will trouble you till it be disposed
of , (SOMERS-E3-H,3.4,329.23)

I mean the place of Chief Justice of Chester , for which I think every
body does believe himself qualified . (SOMERS-E3-H,3.4,329.24)

If there were not a necessity that it shou'd be disposed of before the
next great Sessions , which must be about July or August , nothing
should have made mee say one word to your Ma=ty= about it till your
return . (SOMERS-E3-H,3.4,329.25)

But since the case is so , I will beg your leave to lay before you , in
as few words as possibly I can , the names and pretences of the several
persons who have been hitherto proposed to mee as proper to be
recommended to your Ma=ty= for that employment .
(SOMERS-E3-H,3.4,329.26)

I $can $not {TEXT:cannot} neglect this opportunity of letting fall one
word of $your {TEXT:you} Ma=ties= goodness and generosity to mee ,
altho' I know how much more you love to be exercising those royal
qualities then to be told of it . (SOMERS-E3-H,3.4,329.27)

The manner of doing it , so unsought for and unexpected , must take ,
with any good mind , more then the thing itself ,
(SOMERS-E3-H,3.4,329.28)

and I am sure the sense must always last with mee .
(SOMERS-E3-H,3.4,329.29)

But at the same time I must own that I $can $not {TEXT:cannot} be with
more zeal and duty than I was before , S=r=. $Your {TEXT:You} M=ties=
most dutyfull , most humble , and most obedient subject and servant ,
J. Somers . (SOMERS-E3-H,3.4,329.30)