1684. was brought from thence by Habeas-Corpus to the Bar at the King's-Bench at Westminster where being Arraign'd he was told of his being Indicted and Outlaw'd and thereby Attainted for High-Treason and ask'd what he had to say why Execution should not be awarded against him upon that Attainder To which be reply'd that since he had made an Ingenuous Confession to his Majesty of all that he knew of any manner of Conspiracy against him he hoped That would render him Capable of Mercy and Pardon Upon which the Attorny-General offer'd him a Trial that if he had any thing to say he Defend himself from the Indictment but he Confessing himself Guilty of many things therein declin'd it and threw himself wholly upon the King's Mercy But the Court telling him that the King was the Dispenser of his own Mercy and that they were only to Execute his Justice gave a Rule for his Execution upon Wednesday Sevennight after there being no other Judgment to be pronounced in such Cases as the Court told the Attorny-General when he moved for it the Outlawry it self being the Judgment Which accordingly was Executed upon him on Wednesday the 30th of April 1684. at Tyburn Proceedings in the Court of King's-Bench against Sir Thomas Armstrong June 14. 1684. Sir George Jefferies being Lord Chief Justice SIR Thomas Armstrong Kt. was upon the 14th of June 1684. brought by a Writ of Habeas-Corpus from Newgate to the Bar of the Court of King's-Bench at Westminster and there Arraign'd upon an Outlawry of High-Treason for conspiring the Death of the King c. And being ask'd what he had to say for himself why Sentence should not be awarded against him upon that Attainder pleaded his being beyond-Sea at the time of the Outlawry and desired to be tried upon the Indictment Which the Court refusing to grant him he pleaded the Statute of the 6th of Edw. the 6th which gives the Person Outlaw'd a Year's time to reverse the Outlawry and desired it might be read which accordingly was done But it appearing by the Statute That the Person Outlaw'd ought to render himself to the Chief Justice of England within a Year's time Sir Thomas was told this did not concern him for he had not rendred himself but was taken and brought thither against his Will To which he answered That the Year was not then expir'd fie was there and did now render himself and pray'd Counsel might be assign'd him to argue it in Point of Law but the Court over-rul'd him in it telling him There was no such Doubt or Difficulty in the Matter as to need any such thing Upon which insisting much upon his Innocency and offering to make proof of it if he might be admitted to a Trial he produc'd Holloway's Case as a Precedent for it who had but a little before been offer'd it at the same Place but the Court told him that what had been done therein was meerly from the King's Grace and Mercy and that the King might extend the same Mercy to him also if he so pleas'd but since he had not done so and it not being their Business they must proceed to award Execution upon the Outlawry Upon which Mrs. Matthews Daughter to the Prisoner call'd out to the Court not to Murder her Father For which the Chief Justice caus'd her to be committed to the Marshal and accordingly she wishing that God Almighty's Judgments might light upon them was carried away the Chief Justice saying That he thanked God he was Clamour-proof After which the Attorn Gen. offered to shew the Reasons why the King extended that Grace to Holloway but ought not to extend it to Sir T.A. as not at all deserving any sort of Indulgence or Mercy but that having relation to the Evidence and not to the Outlawry the Court refus'd to hear any thing of it and so proceeded to give a Rule for his Execution the Friday following telling him upon his earnest pressing to have the Benefit of the Statute he had cited the he should have the Full Benefit of the Law And accordingly on Friday the 20th of June he was Executed at Tyburn Mrs. Matthews upon a Petition being before releas'd out of Custody without Fees The Trial between Sir William Pritchard Kt. and Alderman of the City of London Plaintiff and Thomas Papillon Esq Defendant in an Action upon the Case at the Sessions of Nisi Prius holden for the Court of Kings-Bench at the Guild-hall in the City of London on Thursday the 6th of November in Michaelmas Term in the 36th Year of the Reign of King Charles the Second 1684. Before Sir George Jefferies Kt. and Baronet then Lord Chief Justice of the said Court of Kings-Bench SIR William Pritchard late Lord Mayor of the City of London having in Easter Term last brought an Action upon the Case for falsly maliciously and without probable cause procured him to be arrested and imprisoned in his Mayoralty against Thomas Papillon Esq The Defendant pleaded Not Guilty and thereupon issue being joined it came this day to be tried before the Lord Chief Justice Jefferys and the Jury sworn to try this Cause were these Bartholomew Ferryman Thomas Blackmore Thomas Symonds William Whatton John Green Thomas Amy Joseph Baggs Daniel Chandler John Reynalds John Allen Joseph Caine William Withers jun. Then Mr. Munday being of Counsel for the Plaintiff opened the Case to which Mr. Attorney General added something And then Mr. Solicitor General called Mr. Keeling who being sworn deposed That on April the 24th he being sent for by a Letter from Mr. Goodenough came to Mr. Russel's a Cooks-shop in Iron-monger-lane to meet him where were 30 or 40 Persons together By whom while he was gone for a little while his Name was put into a Warrant to be a special Bailiff to arrest the Lord Mayor which he seeming unwilling to do was urged thereto for fear of displeasing the Discontented Party which he said were such as he and the Goodenoughs were of even such as would have killed the King and the Duke that being prevailed upon he went along with the Coroner Mr. Burton and Mr. Francis Goodenough to Grocers-hall where Sir William Pritchard kept his Mayoralty to whom the Coroner came up and said he had a Warrant against him and therefore pray'd him to give an Appearance at the Suit of Mr. Thomas Papillon and another at the Suit of Mr. John Dubois whereupon some Words passed between them and the Lord Mayor refusing to give any Appearance the Coroner bid us execute our Warrants upon which he came up to the Lord Mayor and touched him upon the Shoulder telling him that he did arrest him at the Suit of Thomas Papillon Esq and one Ferdinando Burley arrested him then again at the Suit of Mr. John Dubois and then the Coroner dismissing them and taking the Lord Mayor into his own Custody he went thence to Sir Henry Tulse's and arrested him also Then Sir Henry Tulse being called and sworn deposed that about
four a Clock in the Asternoon Mr. Keeling came with two more to his house and arrested him at the Suit of Mr Papillon and another of them did the same at the Suit of Mr. Dubois telling him if he would not give Appearance he must go to the Lord Mayor who was at Skinners-hall but that they would take his word till the Morrow Morning However he immediately went to the Lord Mayor's-house and not finding him at home he went to Skinners-hall where he found him all alone and no Alderman only the Officers with him where he had been but a little while but was detained and he with him till about eleven a Clock abundance of People being gather'd together about the Door but a Company of the trained Band-Souldiers coming keptall quiet Then Mr. Wells the common Cryer was called and sworn who deposed That he being in the next room to the Hall wherein the Lord Mayor was arrested was presently sent for to my Lord who bid him send out the Officers to summon a Lieutenancy which he did and the Sword-Bearer being not just then at hand the Lord-Mayor bid him take the Sword and go along with him and so they were carry'd by the Coroner to his own house and the Lord-Mayor put up into a little Room by himself and he commanded by him to go and see for Sir James Edwards and Sir Henry Tulse and the Ld. Mayor that now is whom he found to be all arrested before he came Then Sir John Peake was sworn who deposed that upon the News of the Lord Mayor's being arrested he had order from the Lieutenancy to raise his Regiment which he did in a very little time and came with his Soldier to Skinners-Hall where he heard the Lord Mayor was and prevented any stir as it was feared there would have been Here the King's Counsel rested their Evidence till they had heard what the other said to it Whereupon Serjeant Maynard being of Counsel for the Defendant Mr. Papillon told the Jury in a very learned and excellent Speech that the Lord Mayor was as much subject to the Process of Law and Actions as any private Person in the City if he did injury or that which was not right in his Office That the Defendant did then suppose himself to have wrong done him and had therefore probable cause to bring his Action which he had done in a legal Manner against the Lord Mayor Then Mr. VVilliams insisted upon the probability of the cause of Action it being a controverted Question Whether Mr. Papillon and Mr. Dubois or Sir Dudley North and Mr. Box were chosen Sheriffs of London And some were so much dissatisfied with swearing Sir Dudley North and Mr. Rich Sheriffs as thinking them not duly Elected that they would have the Court of Kings-Bench moved for the Writ of Mandamus to swear Mr. Papillon and Mr. Dubois which Mandamus was granted to which the Mayor and Aldermen to whom it was directed made a Return that they were not Elected Sheriffs of London which Return was apprehended to be false and really to try the truth of this Return was the Action brought against the Plantiff which was the only way they had to right themselves and therefore they proceeded regularly and orderly in a decent Manner applying themselves to get an Appearance to their Action For that first they took out a Latitat against my Lord Mayor and by the Attorny gave him notice of it and desired an Appearance so that the Question in dispute might come to some determination But he was not pleased to give an Appearance to that Writ so they took out a Capias gave him notice of it and desired an Appearance but could have none whereupon they took out an alias Capias and the Coroner then told that he should be called upon to make some Return to the Writ which he acquainted the Lord Mayor with and desired again an Appearance which he refusing the Officer was constrained to arrest him and an Appearance at last was given Upon which they declared in the beginning of Hilary or Easter-Term 83. But it falling out that in Easter-Term 83 that that there was an Information for a Riot upon Midsummer-day before about this contested Election which being tried May the 10th was found to be so and the Sheriffs sworn to be duly elected thereupon being satisfied that they were mistaken they immediately discontinued their Action Then Mr. VVard of Counsel also for the Defendant spoke vindicating the Defendant from some unjust Reflections which the King's Counsel had made as if he had caused the Lord Mayor to be Arrested for the furtherance of some designed Insurrection against the King and Government and shewing the probability of the Cause then at that time though it be quite otherwise since the Question of the Right and Election being determined on the other side in the Trial about the Riot at the Election But the Ld. Ch. Justice here interrupting him would by no means allow that to be the Question then determined which raised some Words between them whereat there was a little Hiss begun which made the Ld. Ch. Justice in a great Fury ask who that Fellow was that durst hum or hiss while he sat there threatning to lay him by the heels and make an Example of him saying That indeed he knew the time when Causes were to be carried according as the Mobile hiss'd or humm'd and that he did not question but they had as good a will to it now Then he suffered the Defendants Counsel to call their Witnesses And therefore Mr Brome being call'd and swore deposed That aster he had the Writs he waited upon my Ld. Mayor praying his Appearance and gave him 9 or 10 days to consider and that the Defendants Attorny Mr. Goodenough did threaten to complain of him to the Court if he did not make a Return of the Writ And that when at last he could get no Appearance the Officers named in the Warrant by his Command did arrest him and carry him to Skinners-Hall and that soon aster he himself was taken into Custody and committed to the Compter Then after the Ld. Ch. Justice had cross'd Questions with him to have forc'd him a fall Mr. Cornish was swore who depos'd That Mr. Papillon and Mr. Dubois being at his house in came Mr. Goodenough the Attorny to receive their Orders what he should do telling them the time was almost spent and he had addressed himself from time to time to the Lord Mayor and some of the Aldermen to get them to appear but they would not They told him they had already given him Orders and desired that the matter might be brought to some Trial or issue and that he should desire an Appearance to the Action and if he would give it take it and remember my Lord Mayor is the Chief Magistrate of the City and pray'd him to carry it with all respect and regard imaginable to him The Ld. Ch. Justice then fell violently
let him rot in Goal this being the Complaint of Harris and the Disparagement of all these Hummers and brave Fellows that seem to espouse the Cause and affront the Government And that hereby they had now ruin'd and undone Care if so be he were found Guilty whom otherwise he should have thought a more favourable Sentence might have serv'd The Jury then withdrawing for about an hour brought the Defendant in Guilty and the Ld. Ch. Justice and Mr. Recorder told them They had done like honest Men. The Trial of Elizabeth Cellier at the King's-Bench Bar on Friday June the 11th 1680. THen and there the Prisoner appearing and the usual Formalities being passed and the Jury sworn but their Names not inserted in the printed Trial the Indictment was read which was for High-Treason for conspiring the Death of the King and subversion of the Government and Protestant Religion And to this end expending divers Sums of Mony to several Persons to procure them to kill the King and to impose the said Treasons upon the Presbyterians c. For the Proof whereof Mr. John Gadbury deposed That he knew nothing of this Plot nor of any Contrivance of Mrs. Cellier's to kill the King but rather the contrary she being concern'd to bring Sir Robert Peyton over to the King's Interest and told him that one Smith and Phillips were willing to tell some Stories of Mr. Oates and Mr. Bedloe and that he had heard Mr. Dangerfield talk of a Nonconformist's Plot that would take off the Popish Plot. That upon the going over of one Clay she said she heard there were several Priests and Jesuits coming over That she fear'd the Nation would be destroy'd before the Popish Plotters were because abundance of the best of the Nation went into other Nations and spent their Mony abroad which weakened the Nation That meeting him in Westminster-Abbey she in discourse said that place had been filled with Benedictine Monks as the Temple had with Fryers and said she what if it should be so again That he had been acquainted with her 10 or 12 Years and when the King was ill at Windsor she did move some Questions to him about the Life of the King but he refused to tell her any thing and then she said she would consult some other Astrologer at the same time discoursing him about Dangerfield how to get him out of Prison Then Mr. Dangerfield came forth as a Witness against her whom she excepted against for that he had been Whipp'd Transported Pilloried and Perjured and by a Witness proved his Conviction of Felony c. To which he pleading the King's Pardon was sent away to fetch it and in the mean time Thomas Williamson deposed That Mrs. Gellien employed him to get Dangerfield out of Prison whosoever staid behind Margaret Jenkins swore She never saw Mrs. Cellier and Dangerfield together but twice and it was a Year ago at the Lady Powis's House and she never heard any Discourse about the Plot. Susan Edwards swore That she had oft seen them together and had heard her say That the Popish Plot would turn to a Presbyterian Plot. Bennet Dowdal swore That he had oft seen them together but never heard them talk of the Plot. Then the Court expected Mr. Dangerfield's return and in the mean time a Copy of a Record from Salisbury was read of his standing in the Pillory for uttering false Guinies as also a Copy of a Record of an Outlawry for Felony After about half an hours stay Mr. Dangerfield returned and brought his Pardon which was read and the word Felony omitted and his Pardon being thereby judged defective his Evidence was laid aside And so there being but one Witness the Jury return'd her Not Guilty so she was acquitted and Dangerfield for want of present Bail was committed The Trial of Roger Earl of Castlemain before the Ld. Ch. Justice Scroggs at the King's-Bench Bar at Westminster on Wednesday June 23. 1680. ROger Palmer Esq Earl of Castlemain in the Kingdom of Ireland having been Arraigned at the King's Bench Bar June 16. 1680. for High-Treason in conspiring the Death of the King the subversion of the Government and introducing of Popery and Arbitrary Power c. To which he pleaded Not Guilty He was now brought again by the Lieutenant of the Tower to the Bar to receive his Trial. And his Jury were Sir John Cutler Kt. Bar. Sir Reginald Foster Bar. Henry Herriott Esq Richard Cheney Esq Thomas Johnson Esq John Roberts Esq Francis Dorrington Esq Hugh Squire Esq Charles Good Esq John Pulford Esq Edward Claxton Esq Francis Mayhew Gent. To whom the Indictment being read Mr. Bonithon of Counsel for the King in this Cause and Mr. Attorney General opened the same Then Dr. Oates was sworn who deposed That when he returned out of Spain in Novemb. 1677. he brought a Letter thence from the Fathers to the Prisoner wherein was expressed That the Fathers in Spain were very zealous to concur with the Fathers here in England in the Design the Letter being shewn him before it was sealed Which Letter he delivered to Strange the then Provincial to give to the Prisoner And that in December following the saw a Letter at St. Omers from the Prisoner to the Fathers wherein he gave them an account of his Letter from Spain and was glad the Fathers there had so good an Opinion of his Integrity in the Cause That in March he saw another Letter of the Prisoners to the Fathers at St. Omers importing his dislike that the Secular Clergy should be trusted with the Design That in April he came over into England to the Consult soon after which he saw the Prisoner come and enquire about the Copies of some Letters to be sent up into Germany and did desire that an Agreement between them the Jesuits and the Monks might be made up that so they might have the Assistance of that Order to carry on the Design That afterwards he heard the Prisoner and Mr. Langworth and Mr. Fenwick talking in Fenwick's Chamber about the Transactions of the Consult and how unanimous the Fathers were in signing of it and the Prisoner then said That now he should be reveng'd for the Injuries done to him That he saw in Strange's Hand an Account of a Divorce that was between the Prisoner and Barbara Dutchess of Cleveland And that he heard the Prisoner say he had been at great Expence about a Divorce and a Priest's Chamber being searched there was a Paper found wherein the whole Case was stated Then the Prisoner and the Ld. Ch. Justice cross-examin'd Dr. Oates a long time to have catch'd him but were not able Then Mr. Dangerfield was called but the Prisoner opposed his being sworn because he had been Out-lawed for Felony and burnt in the Hand for Felony and the Records were produced But Mr. Attorney General shewed his Pardon by which he was restored But this the Prisoner desired his Counsel might speak to Whether a Man branded and
he should be call'd to an Account for all his Actions for all the World might see that he did resolve to bring in Arbitrary Power and Popery and that unless he would let the Parliament sit at Oxford since he had called them together and put the People to Charges in chusing them and them in coming down he should be seiz'd at Oxford and brought to the Block as was the Logger-head his Father That the Parliament should sit at Guild-hall and adjust the Grievances of the Subject and of the Nation and that no King of his Race should ever Reign in England after him And unless the King did expel from his Council the Earl of Clarendon cunning Lory Hide the Earl of Hallifax that great turn-coat Rogue that was before so much against the Papists a Rascal whom we should see hang'd and all the Tory Counsellors England should be too hot for him That for this End there was in the City 1500 Barrels of Powder and 100000 Men ready at an hour's warning and that every thing was ordered in a due Method against the sitting of the Parliament at Oxford And that he should see England the most glorious Nation in the World when they had cut off that beastly Fellow Rowley who came of the Race of Buggerers for his Grand-father King James buggered the old Duke of Buckingham Railing then at Judg Pemberton saying Let him try Fitz-Harris if he dare I shall see him go to Tyburn for it I hope a turn-coat Rogue That he was for the Plot whilst he was puisne Judg but now he was Chief Justice he was the greatest Rogue in the World even like one of the Pensioners in the Long Parliament That the Prisoner would moreover have put this Informant upon charging the King With the firing of London and the Murder of Sir Edmondbury Godfry telling him that such and suck Lords should live and die by him and that he needed not to fear but that England should espouse his Cause And discoursing then of the Libel of Fitz-Harris The Devil take me said Colledge every individual Word is as true as God is in Heaven and that if the Informant did not join with Fitz-Harris in his Evidence and charge the King home he was the basest Fellow in the World because he made them Slaves and Beggars and would make all the World so and that it was a kind of Charity to charge him home that we might be rid of such a Tyrant He depos'd further That he also receiv'd a blew Ribbond from Mr. Colledge whom meeting after he came from Oxford he asked Where now were all his Cracks and Braggs for that the King had fool'd them who answered That they had not done with the King yet though they could do nothing then for that no Servant no Man living did know whether he would dissolve the Parliament that Day That he was that very nick of Time at the Lobby of the Lords House and there was a Man came in with a Gown under his Arm and every one looked upon him to be a Tailor and no Body did suspect no not his own intimate Friends except it were Fitz-Gerald that he would Dissolve the Parliament that Day But presently he put on his Robes and sent away for the House of Commons and when he had dissolved them before ever the House could get down he took Coach and went away otherwise that the Parliament had been too hard for him for that there was never a Parliament-Man but had divers armed Men to wait on him and that he had his Blunderbuss and his Man to wait upon him The next Witness against Mr. Colledge was Mr. Turbervile who being sworn deposed That when the Parliament sat in Oxford about the middle of the Week he dined with Mr. Colledge Capt. Brown and Don Lewis Clerk of Derby-House at the Chequer-Inn in Oxford After Dinner Don Lewis went out about some Business and Capt. Brown went to sleep and Mr. Colledge and he fell a talking of the Times and he was observing he thought the Parliament was not a long-liv'd Parliament Whereupon Mr. Colledge answered That there was no Good to be expected from the King for he and all his Family were Papists and had ever been such Then said Turbervile the King will offer something or other by way of surprize to the Parliament Said Colledge I would he would begin but if he do not we will begin with him and seize him for there are several brave Fellows about this Town that will secure him till we have those Terms that we expect from him adding That he had got a Case of Pistols and a very good Sword and a Velvet Cap Giving Turbervile a piece of blew Ribbond to put in his Hat to be a distinction if there should be any disturbance Then Mr. Masters was sworn who deposed That he and Colledge had been long acquainted And that a little before the Parliament at Oxford about Christmass after the Parliament at Westminster at Mr. Charlton's Shop the Wollen-Draper in Paul's Church-Yard discoursing with him about the Government he was justifying of the late Long-Parliament's Actions in Forty He said That that Parliament was as good a Parliament as ever was chosen in the Nation and that they did nothing but what they had just cause for and that the Parliament that sat last at Westminster was of their Opinion and so he should have seen it And that another time he calling him in a jocose way Colonel Colledge bid him mock not for he might be one in a little time Then Sir William Jennings being sworn deposed That Colledge gave him one time a Picture and another time he saw him bring into a Coffee-House a parcel of blew Ribbond with No Popery No Slavery wrought in it and sold a Yard of it there to a Parliament-Man as he took him to be for 2 s. who tied it upon his Sword And that on that very Day the Parliament was Dissolved at Oxford he came to him standing in the School-House-yard telling him Mr. Fitz-Gerald had spit in his Face and that he spit in his Face again and that so they went to Logerheads together and that upon Sir William's telling him his Nose bled he said I have lost the first blood in the Cause but it will not be long before more be lost The Evidence for the King here ending Mr. Serj. Holloway briefly explained to the Jury that the seizing the Person of the King was in Law a compassing and intending his Death as it was worded in the Indictment which therefore they ought so to understand Then Mr. Colledge desired to be resolved these Questions upon the Evidence which he had heard 1. Whether any Conspiracy for which his Indictment was had been herein proved 2. Whether there ought not to be two Witnesses distinct to swear words at one and the same time And 3. Whether any Act of Treason done at London shall be given in Evidence to prove the Treason for which he was now
Mr. John Wright but with Patience we must submit to the Almighty who can as well raise up Instruments to do his Work as change Hearts of which we have so great an Instance in the business of the D. of Monmouth that no Age or History can parallel I am now throughly satisfied that what was printed in the Mondays Gazet is utterly false and you will see it publickly so declared shortly The King is never pleased but when he is with him hath commanded all the Privy Council to wait upon him and happy is he that hath most of his Favour His Pardon was sealed and delivered to him last VVednesday 'T is said he will be restored to be Master of the Horse and be called into the Council Table and to all his other places And 't is reported he will be made Captain General of all the Forces and Ld. High Admiral c. He treats all his old Friends that daily visit him with great Civilities they are all satisfied with his Integrity and if God spares his Life doubt not but he will be an Instrument of much good to the King and Kingdom He said publickly that he knew my Ld. Russel was as Loyal a Subjects as any in England and that his Majesty believed the same now I intend shortly to wait on him my self It would make you laugh to see how strangely our high Tories and Clergy are mortified their Countenance speak it Were my Shesorary to be moved for now it would be readily granted Sir George is grown very humble 'T is said Mr. Sidney is reprieved for 40 days which bodes well Mr. Kedder sat with me sometime this Evening There being no more in the Record The third Letter was then read which was directed for Mr. Edward Gael Linnen-Draper at Ipswich and dated Decemb. the 1st 1683. Mr. Gael This Evening Mr. Kedder came and sat with me when I acquainted him what you and others writ me in reference to himself as also of the Death of Mr. Wright which he was sorry for He protested if he could perswade his Wife he would accept of Ipswich choice notwithstanding all the Discouragement he had met with One more he acquainted me with that had seen a Letter from Mr. Cutliffe to Dr. Clegat extreamly discouraging him from coming to Ipswich where if he did come said would find himself mistaken for that would never enjoy Quietness or Peace notwithstanding his Balsamick Temper c. as he call'd it These things frights Mr. Kedder who I am now perswading so soon as he is up again to go down for a Month or two and then if he doth not like the Place and People he may return hither again This I resolve to press hard on Monday when have promised to dine with me as also Mr. Hodges Be confident I shall think nothing too much to effect this Business though one or other still pulls down as fast as I build up Here is now a door of Incouragement opened for sober Men to come into publick Employment You will undo the Town of Ipswich if you bring not sober Men into play For God's sake consider of it Perswade Mr. Snelling or some sober Men to come in their two Ports-mens places void for other matters I refer you to Sir P. The late change here in publick Affairs is so great and strange that we are like Men in a Dream can hardly believe what we see and fear we are not fit for so great a Mercy as the present Juncture seems to promise The E. of Macclesfield is bringing Actions of Scandalum Magnatum against all the Grand Jury-Men that indicted him at last Assizes And the several Gentlemen that were indicted in Cheshire and Northamptonshire will bring their several Actions at Law against them Acquaint Mr. Snelling we received the two Barrels of Oysters and two couple of Ducks and desire him to take Mony of Buckle for them I rest Yours c. The 4th Letter was directed to Mr. William Cavell at Brightwell near Ipswich in Suffolk and dated London Decemb. the 4th 1683. Only that part of it was read which was in the Record and that was this Contrary to most Mens Expectations a Warrant is signed at last for beheading Col. Sidney at Tower-hill next Friday Great Endeavours have been used to obtain his Pardon but the contrary party have carried it which munch dasheth our hopes but God still governs Acquaint Buckle here is no News of Crafton Hoy notwithstanding the Wind is fair 't is his Practice always to loiter by the wap I rest Your Loving Friend c. To this Mr. Williams of Counsel for the Defendant pleaded that the Letters had no name to them nor was there any Proof of their being published no more than that Sir Samuel did not deny the publishing of them and own'd they were sent to the Post-house winch being directed to a private Friend he left to the Judgment of the Court whether that was publishing a Libel That there was no malice proved to which the Ld. Ch. Justice replied that the thing was Evidence it self c. Then Mr. Williams observed that Records had been mention'd in the Information but not prov'd which not being in Court they were sent for and the Jury were set by the Court going oâ— in some other Causes and about an hour 〈◊〉 half after the Records were brought and tâ—â— Cause was resumed and Mr. Tindal being sworn put in the Records of the Attainder of the Ld. Russel and Col. Sidney part whereof was read and the Counsel for the Defendant having no more to say the Ld. Ch. Justice summ'd up the Evidence with great Bitterness declaring the Letters were factious seditious and malicious and as base as the worst of Mankind though he had all the Provocation that ever could be given a Man to libel another could ever have invented And that they tread very near upon the Borders of High-Treason it self Calling it Cozen-German to High-Treason c. After which the Jury laid their Heads together in the place where they stood and being presently after agreed upon their Verdict The Foreman gave it in That the Defendant was guilty of the Misdemeanour charged on him by the Information The Sentence of Court was That he should pay to the king a Fine of 10000 l. and find Sureties for his good Behaviour during Life and to be committed till the same be performed Proceedings in the Court of King's-Bench against Mr. James Hollaway April 21. 1684. JAmes Holloway of ' Bristol being fled out of England was Indicted for High-Treason for Conspiring the Death of the King and subversion of the Government c. And not appearing to Answer the Indictment was thereupon outlawed and being discovered by his Factor at Nevis to whom he had written about his Effects there was taken at St. Estatia one of the Caribbe Islands by the Deputy-Governour of St. Christophers and sent into England and there Committed to Newgate and upon Monday the 21st of April
upon Mr. Cornish questioning him about his owr and Mr. Bethel's Elections charging the Reason of his being Elected the second time to be because he had not taken the Sacrament and Corporation-Oath exposing him as an intruder into that Office to disturb the Government and as if that was it that was designed now again by this Election of the Defendant But said he do you think the Government will ever suffer it self to be sniveled at and overthrown by a Company of such whining Fellows And do you think to sham People into Offices No I tell you Villany was the Foundation of it and Knavery the Superstructure and it is high time it should be told out since I hear some People begin to doubt of it as a Question Then calling Bethel and Cornish Rascals he said they qualifi'd themselves for an Office only to put the Kingdom into a Flame and that the City was in great happiness and quiet ever since the late times of Rebellion and Confusion till such time as a couple of busy Fellows came to get into the publick Offices And let the whole Party said he go away with that in their Teeth and chew upon it if they will Then Mr. Serjeant being sworn deposed That he being present at Mr. Cornish's house when Mr. Papillon and Mr. Dubois were there he heard them give Mr. Goodenough the fame Orders about treating my Lord Mayor decently as Mr. Cornish had before deposed Then to shew the fair proceedings of the Defendant in the Action Mr. Baker was called and deposed That Mr. Aston telling him he appeared for Sir William Pritchard and had a Declaration from Mr. Papillon's Attorny he entred up a Discontinuance and paid the Costs and had Mr. Aston's receipt for them Then Mr. Ward offer'd that apprehending themselves really chosen Sheriffs they did in a due course of Law sue forth their Mandamus directed to the Plaintiff and the Aldermen and to which there was a Return made both which were then read in the Court and then Mr. Williams offer'd to shew the Reasons why they thought this Return false and thereupon brought their Action And therefore Mr. Gilbert Nelson Mr. William Wightman and Mr. Leonard Robinson were all call'd and sworn Mr. Nelson deposed that he was at the Common-Hall on Midsummer-day 1682 where there was in Nomination for Sheriffs he that is now Sir Dudley North Mr. Box Mr. Papillon and Mr. Dubois that he did see the Poll-Books after they were cast up and the greatest number was for Mr. Papillon And that upon holding up the Hands most in his Judgment were for Mr. Papillon and the Sheriffs gave it for Papillon and Dubois Mr. Wightman deposed That he then did take the Pole in one of the Books and that there were 2400 and odd for Papillon and Dubois Mr. Robinson deposed that he was then also at the Common-Hall and that by the Hands he judged the Majority was much more for Papillon and Dubois than for the other two That a Poll was demanded and granted and in the Evening after the Poll was closed the Books were numbred up and the Sheriffs came down upon the Hustings and declared above 2000 for Papillon and Dubois and some hundreds under for the other two Then here the Counsel for the Defendant declared they would leave it unless further occasion should be given them Then Mr. Attorney-General for the Plaintiff pleaded that the Defendant had not at all proved any probable Cause for his Action for that this matter contended for which was the Shrevalty an Office of Burthen Hazard and Charge could never be a good ground to bring an Action for and that he could have no Title to that Office his Election which was by the Poll being illegally managed by an usurp'd Authority and the Instruments made use of to bring about this Action such as Goodenough and the Cabal at Russel's of 30 or 40 Rioters most of them in the Proclamation proscribed as Traitors and run away from Justice upon the Discovery of the Plot speaking the worst of malice To which Mr. Sollicitor-General added that that Poll by which he supposed his right to the Office was illegal and therefore could afford him no probable Cause for an Action And to prove it so Mr. Town-Clerk was sworn who deposed that he never knew a Poll for Sheriffs till about 5 or 6 Years ago and it was between Mr. Jenks and Sir Simon Lewis and that it was by the direction of the Lord Mayor and the Sheriffs are but Officers and not the Judges and Managers of the Poll without the Lord Mayor's direction Then Serjeant Maynard did plead for the Defendant that however the listing up of 2000 hands might well make him apprehend himself as chosen and that there lay the cause of his Action and his suing for so troublesome an Office might be objected to the prudence of Mr. Papillon but could prove nothing of Malice in him And though the Attorny he made use of was a bad Man yet that did not make all his Clients bad And therefore he lest it to the Jury the Probability or Malice of the Action with the Damages the Plaintiff could possibly have sustained thereby Then Mr. Williams pleaded the doubtfulness of the Question notwithstanding what the Town-Clerk had deposed concerning the right of managing Polls and that therefore they might easily be mistaken and that they brought their Action to try the Right but afterwards conceiving they were out and had no Right they discontinued and desisted and that thus they would leave it with the Jury Then Mr. Ward remembering that Mr. Attorny General did challenge the Defendant to shew that his Action was brought by Advice of Counsel Mr. Baker was called again who deposed that it was by the Advice of Mr. Thompson Mr. Pollixfen and Mr. Wallop Then both sides having nothing more to say the Ld. Ch. Justice directed the Jury in a very long and virulent Speech shewing the improbability of the Cause of the Defendants Action from the Sheriff's having no Power to manage the Poll and the Malice of it from these Circumstances attending it As. 1. for a Man to sue to be Sheriff looks somewhat extraordinary as if he had a mind to do somewhat unusual in his Place especially when a Man has fined for the Office once before as Mr. Papillon did And it is a thing was never known till these unhappy times 2. That for several years last past the Government hath been beset and the Methods of Justice corrupted and all to serve the main Design of subverting the Government by Fellows getting into Office that were obnoxious to the Government and known Dissenters who never thought of conforming but only to capacitate themselves to destroy the Government by packing Ignoramus Juries so that Men took Oaths only to sanctify Villany and Traitors at the Bar were in less danger of being convicted of their Treasons than the Judges were of their Lives And that these things never were till