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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A94849 The triall of Mr. John Gerhard, Mr. Peter Vowell, and Sommerset Fox, by the high court of justice sitting in Westminster Hall on Friday 30 June, 1654. With their charge, and a declaration of the particulars of the whole plot to have murthered His Highnesse the Lord Protector, and those of the councill, seized on the guards, the Lord Mayor, and others, and proclaimed Charles Steuart King. With the names of each person chief in the designe, and what each of them did act, and were to do therein. And the testimonies of the severall vvitnesses upon oath, which were Mr. Wiseman, Mr. Hudson, Robert Dale, John Hipwell, Col. Aldridge, Charles Gerhard, John Man, Francis Fox, Mr. Wharton, Mr. Barnes, and Mr. Minors. And the severall pleadings and proceedings of their tryall / Taken in writing in the court by one present at their tryall. Gerard, John, 1632-1654.; Fox, Somerset.; Vowell, Peter, d. 1654. 1654 (1654) Wing T2200; Thomason E231_4; ESTC R13746 10,402 13

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but what a sad condition would England then have been in Then Mr. John Gerhard was caused to with-draw a while Mr. Charls Gerhard was next called for to see what he could say touching the Plot who declared That Mr. Hinshaw had been in France with Charls Stuart and his Brother Iohn also and Mr. Wiseman had been there and made a Narrative of all the proceedings there agreeing with the rest before and spake also of several meetings at Ludgate-hil and Covent Garden how he met Col. Finch at the P●a●zo who told him of the design to kill the Lord Protector seize on the Guards the Lord Mayor c. proclaime Charls Stuart King and the rest of that story of their design in which he agreed with the former And that he declared to him That they were Listing apace and they had many joyned hereabouts That Col. Deane had listed all that day that he himself had listed some That Col. Finch had a Party to joyn with him in the City That another time he had further discourse again with him about it that they were to meet the next day and then it was also said That Finch was to command a Party and that his Brother Iohn Gerhard also was to command a Party and that his Brother John was then by and heard this discourse and that it was said there was ready about London to seize on several parts in all about two or three thousand That Col. Finch was to seize on the Lord Mayor Col. Dean on James●s Col. Haines on Col Ingolsbie in Southwark and so named other particulars like what is mentioned before Told him also the management of the design in France agreeing with what is mentioned before and said He had a Commission from the King as he called him And he spake also of their meeting at Beliavage at Ludgate-hil where mention was made of his Brother John Gerhard and that Somerset Fox was there and engaged in the design and his was to get in all the Apprentises he could to joyn in it That at another time Hinshaw said they had listed two or three thousand Then Mr. John Gerhard was called to the Bar again where he appeared with the other two Mr. Charls Gerhard was then sworne and upon his oath gave in evidence after his Brother was brought to the Bar That the design was to fal on the Lord Protector c. he gave a short Narrative as before and further said that his Brother John Gerhard had been in France John Gerhard Prisoner at the Bar said he confest it that he was in France when they were there and was sometimes in their company but denied that he knew any thing of any plot Mr. Charles Gerhard being desired to go on further said That Mr. Hinshaw was severall times at his lodgings and his Brother with him and talked with him of the design which his Brother scrupled but he told him that if it could be accomplished the King as he called him would like well of it That his Brother met Mr. Hinshaw at Covent Garden who had pen and Inke before him and talked of the numbers and other particulars his Brother John then in the Room and he named the particulars as before But his Brother did not relish it and was pressed by them nor did he know that he consented to act Mr. Prideaux told Mr. Charls Gerhard that he did well to bee as sparing as he could against a Brother only be carefull to speak the truth though with the fairest interpretation because Conscience is neerer than a Brother The Lord President also said that he was not to look upon either the greatnesse of men or the relation of a Brother in this thing but to look upon his Conscience and to look up to his God John Man was sworn who declared the Design in generall as the rest all agreeing and that Mr. John Gerhard and others had consulted about it That being asked if he would engage in it he answered yes That afterwards he went to Belsavidge but when he came there there were Somerset Fox and others and they said he could not have admission for several were apprehended about it and they knew not what to do William Dod was sworn who gave in evidence that on Thursday morning in Whitson week Somerset Fox told him that there was a design as aforesaid giving him an account of the whole still all agreeing But he told him that it was to be kept secret And that they were to meet about two a clock in the morning about it That at Bellsavidge he met with Somerset Fox and his cousin Fox the next day again and had the like discourse Francis Fox being sworn gave in the like evidence against his Cousin Somerset Fox and that hee was invited to joyn with them but could not tell what to do John Wharton was sworn who said he keeps a Victualling house in Black Fryers and that a Gentleman a stranger came to him and asked him if hee would serve the King and fell in discourse about his calling that he told him he had marryed a poor widdow And that the Gentleman told him that if the Design went on he might have money enough and said that hee would find him better imployment The Gentlemans name hee said was Hinshaw as hee heard afterward And that hee told him hee would not bee long before he came again Hee said that hee did beleeve they had designed to seize on the Lord Protector and all the Horse guards But for his part hee was when they should give him notice of it only to proclaime the King that was all that hee was to do Mr. Barnes was sworn who spake of the Designe in generall much after the same manner as those before Mr. Minors was the last Witnesse sworn who gave evidence that Major Hinshaw told him of the Designe neer Covent Garden and one Mr. Harison Tuedor and others were mentioned That he asked him if hee would joyn in it That afterward hee met with Hinshaw in the Pallace yard at Westminster who told him of the Designe as before And that Major John Gerhard was to command a party and that the businesse was then in good forwardnesse but Major John Gerhard thought it could not yet be accomplished And that when Mr. Hinshaw heard that Mr. John Gerhard was taken hee said that hee might thank himself for had not he delayed it the businesse might have been done two days before The Prisoners at the Bar were then asked what they had to say for themselves Mr. John Gerhard said he was falsly accused and that the Witnesses did not speak truth and denied that he had any thing to do in the Plot or knew of it Mr. Vowel did require of the Court to bee allowed pen Inke and paper the Copy of his Charge and Councill to advise him what defence to make for himself And pleaded Magna Charta again as before and the sixt Article of the Government of the Lord Protector Sergeant Glyn declared that an Ordinance being declared Law untill the Parliament shall repeal it is to give the same authority to it which is to an Act of Parliament every Act being a Law no longer That the Laws of old of Treason against the King are of force were this new Ordinance not in being For it means the Supream Governour though it names only a King it hath been made use of for Treason against a Queen and so is to bee touching a Lord Protector or any other Supream Governour Mr. Ellis Councill of the Commonwealth produced in Court the Government of the Lord Protector in which that very Article in the conclusion of it hath a proviso to the 30th Article The Atturney Generall Prideaux declared that the Charge having been so fully proved against them yet they could not but take notice of the ingenuous confession of Sommerset Fox but were sorry to see such obstinacy in the other two after such a barbarous and bloody designe that they should shew no signes of Repentance And therefore in behalf of the Commonwealth prayed for Justice from the Court against them The Court adjourned into the Painted Chamber and Ordered that they should have pen Inke and paper and any friend to come to them that they should desire in the presence of the Lieutenant of the Tower The Court adjourned untill Tuesday next in the afternoon FINIS