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cause_n	aforesaid_a	lord_n	say_a	1,656	5	6.8525	4	false

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
B30874	The tryals of Henry Cornish, Esq for conspiring the death of the King, and raising rebellion in this kingdom : and John Fernley, William Ring, and Elizabeth Gaunt for harbouring and maintaining rebels, at the Sessions-house in the Old-Bailey, London and County of Middlesex, on Monday, Octob. 19, 1685.	Cornish, Henry, d. 1685.; Fernley, John, d. 1685.; Ring, William, d. 1685.; Gaunt, Elizabeth, d. 1685.	1685 (1685)	Wing T2250A	67,831	45

THE TRYALS OF Henry Cornish Esq FOR CONSPIRING The Death of the King And raising a REBELLION IN THIS KINGDOM AND Iohn Fernley William Ring and Elizabeth Gaunt For Harbouring and Maintaining REBELS AT THE Sessions-House in the Old-Baily London on a Commission of Oyer and Terminer held there for the City of London and County of Middlesex on Monday Octob. 19. 1685. LONDON Printed and Sold by George Croom at the Sign of the Blue-Ball in Thames-street near Baynard's Castle MDCLXXXV I Do appoint George Croom Printer to Print and Publish the TRYALS of HENRY CORNISH JOHN FERNLEY WILLIAM RING and ELIZABETH GAVNT and that no other do presume to Print the same December the 1st 1685. THO. JONES THE TRYALS OF John Fernley William Ring Elizabeth Gaunt and HENRY CORNISH Esquire Indicted for HIGH-TREASON MOnday Octob. 19th 1685. at the Sessions-House in the Old-Bayly London The Court being met and Proclamation made for Attendance the Proceedings were as follow Clerk Set John Fernley to the Bar. Which was done Cryer O Yes All manner of Persons are commanded to keep silence upon pain of Imprisonment Clerk John Fernley hold up thy hand Which he did Thou standest indicted by the Name of John Fernley Middlesex THE Jurors for our Sovereign Lord the King upon their Oaths do present That John Fernley of the Parish of St. Mary Matfellon otherwise White-Chappel in the County of Middlesex Barber as a false Rebel and Traitor against the most Illustrious and most excellent Prince King James the Second by the Grace of God of England Scotland France and Ireland King and his natural Lord not having the fear of God in his Heart nor his due Obedience any wise regarding but being moved and seduced by the Instigation of the Devil and his faithful Duty and natural Obedience which a true and loyal Subject ought to have towards his said Lord the King and by Law ought to observe utterly withdrawing and intending with all his Endeavours the Peace and Tranquillity of this Kingdom of England to disturb and War and Rebellion against our said Lord the King to incite and move and the Government of our said Lord the King in this Kingdom of England to subvert and our said Lord the King from his Title Honour and Regal and Imperial Crown of this his Kingdom of England to depose and deprive and our said Lord the King to Death and utter Destruction to bring the 20th day of August in the Year of the Reign of our Sovereign Lord James the Second by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. the first and divers other days as well before as after at the Parish of St. Mary Matfellon otherwise called White-Chappel in the County of Middlesex falsly maliciously devilishly and traiterously with divers Rebels and Traitors to the Jurors aforesaid unknown did conspire imagine and intend our said Sovereign Lord the King now his supreme and natural Lord not only of his royal State Title Power and Government of this his Kingdom of England to deprive and depose but also the same Lord the King to kill and murder and the ancient Government of this Kingdom of England to change alter and totally subvert and a miserable Slaughter amongst the Subjects of our Lord the King throughout all this his Kingdom of England to cause and procure and ●n Insurrection and Rebellion against our Lord the King to procure promote and assist and the same his most wicked most inhumane and most devilish Treasons and Conspiracies Purposes and traiterous Imaginations to fulfill and to effect he the said John Fernley as a false Traitor then and there viz. on the said 20th day of August in the Year of the Reign of our said Lord the King the first as aforesaid at the Parish aforesaid in the County aforesaid well knowing one James Burton to be a false Traitor and as a false Traitor traiterously to have conspired and imagined the Death and utter Destruction of our said Lord the King and War and Rebellion against our said Lord the King within this Kingdom of England traiterously with divers other Rebels to the Jury unknown to have levied and stirr'd up he the said John Fernley afterwards viz. on the said 20th day of August in the Year of the Reign of our said Lord the King now the first aforesaid at the Parish aforesaid in the County aforesaid the said James Burton in the Mansion house of him the said John Fernley situate in the Parish and County aforesaid knowingly secretly wickedly devilishly and traiterorsly did harbour conceal comfort sustain and keep and then and there for the comforting sustentation and maintenance of the said James Burton the said John Fernley Meat and Drink to the said James Burton maliciously and traiterously did give and deliver and did cause to be given and delivered against the Duty of his Allegiance against the Peace of our said Lord the King his Crown and Dignity and also against the form of the Statute in the like case made and provided c. Clerk How sayest thou John Fernley art thou guilty of the High-Treason whereof thou standest indicted or not guilty Fernley Not guilty Clerk Culprit how wilt thou be tryed Fernley By God and my Country Clerk God send thee a good Deliverance Set William Ring to the Bar. Which was done William Ring Hold up thy hand Which he did Thou standest indicted by the Name of William Ring of the Parish of St. Clements Danes in the County of Middlesex Taylor Middlesex THE Jurors for our Sovereign Lord the King do present upon their Oaths That William Ring late of the Parish of St. Clements Danes in the County of Middlesex Taylor as a false Traitnr against the most Illustrious and excellent Prince James the Second by the Grace of God of England Scotland France and Ireland King and his natural Lord not having the fear of God in his heart nor the duty of his Allegiance any ways weighing but being moved and seduced by the instigation of the Devil and the true due and natural Obedience which true and faithful Subjects of our said Lord the King towards our said Lord the King should and of right ought to bear wholly withdrawing and with his whole strength intending the Peace and common Tranquillity of this Kingdom of England to disquiet molest and disturb and War and Rebellion against our said Lord the King within this his Kingdom of England to incite and stir up and the Government of our said Lord the King in this his Kingdom of England to subvert and our said Lord the King from his Title Honour and regal Name of his Imperial Crown of this his Kingdom of England to depose and deprive and our said Lord the King to Death and final Destruction to bring and put the 20th day of July in the first Year of the Reign of our Sovereign Lord James the Second by the Grace of God of England Scotland France and Ireland King

Defender of the Faith and divers other days and times as well before as after at the Parish of St. Clements Danes in the County of Middlesex falsly and maliciously devilishly and traiterously with divers other Rebels and Traitors to the Jurors unknown he did conspire imagine and intend our said Lord the King our supream and natural Lord not only from his royal State Title Power and Government of his Kingdom of England to deprive and depose but also our said Lord the King to kill and put to death and the ancient Government of this Kingdom of England to change and alter and wholly to subvert and a miserable Slaughter among the Subjects of our said Lord the King throughout this whole Kingdom of England to cause and procure and Insurrection and Rebellion against our said Lord the King to procure move and assist And his said most wicked and devilish Treasons and traiterous Conspiracies Compassings Imaginations and Purposes aforesaid to fulfil effect and perfect he the said William Ring as a false Traitor then and there to wit the said 20th day of July in the said first Year of the Reign of our said Lord the King that now is aforesaid at the Parish and County aforesaid well knowing Joseph Kelloway and Henry Lawrence to be false Traitors and as false Traitors traiterously to have conspired and imagined the Death and final Destruction of our said Lord the King and War and Rebellion against our said Lord the King within this his Kingdom of England traiterously with divers other Traitors to the Jurors unknown to have levied and raised and stirred up and he the said William Ring afterwards to wit the said 20th day of July in the first Year of the Reign of our said Sovereign Lord the King aforesaid at the Parish aforesaid the said Joseph Kelloway and Henry Lawrence in the dwelling House of him the said William Ring situate in the Parish and County aforesaid knowingly secretly wickedly divelishly and traiterously he did barbour conceal comfort sustain and maintain and then and there for the comforting sustaining and maintaining of the said Joseph Kelloway and Henry Lawrence he the said William Ring Meat and Drink to the said Joseph Kelloway and Henry Lawrence maliciously and traiterously did give and deliver and did cause to be given and delivered against the Duty of his Allegiance against the Peace of our said Sovereign Lord the King his Crown and Dignity and against the form of the Statute in this case made and provided c. How sayest thou William Ring art thou guilty of the high-Treason whereof thou standest indicted or not guilty Ring Not guilty Clerk Culprit how wilt thou be tried Ring By God and my Country Clerk God send thee a good Deliverance Set Henry Cornish to the Bar. Henry Cornish hold up thy hand Mr. Cornish My Lord I have been confined without any notice given me until Saturday about noon of my Tryal My Lord I do hope seeing I appear before your Lordships and this Honourable Bench who have known something of my former Conversation that you will be pleased to consider me and grant me what is customary and commonly done to Persons in my Circumstances Mr. Jones Mr. Cornish if you please you shall have your time of speaking hereafter but now you are only to plead without any more ado Mr. Cornish My Lord I beseech you hear me a little I have been so confined Lord Mayor Mr. Cornish you must observe the Rules of the Court. Mr. Cornish My Lord I hope I shall be allowed what is customary in such Cases Lord Mayor What is it you would have Mr. Cornish My Lord I do desire if your Lordship will please to consider me Mr. Jones Wou'd you not be arraign'd Mr. Cornish After you are arraign'd and have pleaded you may speak Mr. Cornish Let me tell your Lordship what my case is Is it reasonable not to have above half a-days time for Preparation for my Tryal and no Counsel allowed me Mr. Recorder Nor ought without leave of the Court or by His Majesties special Appointment Mr. Cornish I have not had a Friend to come to me but in the Presence of Major Richardson Mr. Recorder None have in your Circumstances Mr. Cornish My Lord ought not I to have a Copy of the Pannel it is a thing never denied Record It hath been denied very often Mr. Cornish My Lord it is a matter wherein my Life is concerned and therefore I hope your Lordship will hear me Mr. Jones After you are arraign'd you may speak and put off your Tryal if you can Mr. Cornish My Lord I cannot go from this before I possess your Lordship with a right Understanding of it it is beyond Precedent no such Precedent that any man should be kept with that Strictness I have been Recorder Mr. Cornish I wonder you will say so I tell you there is no man accused of your Crime but is so kept Mr. Cornish If your Lordship pleases to allow me a little time I do not question but I can very well satisfie your Lordship and this honourable Court that I am a very innocent Person Mr. Recorder You will have your proper time for that but now you must plead that you may hear the Particulars of your Charge and have an opportunity to make out your Innocence for we must keep the same method with you we do with all other Persons in your Circumstance and therefore you must plead as other Persons do Mr. Jones Will you or will you not Sir without any more ado the Law gives you advantage you may challenge any body there are fourscore returned honest men and you may challenge who you please Mr. Cornish Alas my Lord what can I do Counsel He disputes out of time he is to be arraign'd Recorder Come Mr. Cornish you must plead Mr. Cornish I did understand last night His Majesty was graciously pleased to refer these matters as to my Tryal to my Lords the Judges and my Lord I do hope that the Judges when they hear this matter that I shall have some time allowed Recorder Pray Mr. Cornish take the Rule of the Court your business is now to plead when you have pleaded what you have to offer for the putting off your Tryal may be heard then Clerk Henry Cornish hold up thy hand Mr. Cornish My Lord I would do nothing that should be a dishonour to your Lordship and the Court. Sir James Smith You know the way of the Court Mr. Cornish you must plead Mr. Jones If you will not plead I will move the Court to record your standing mute Mr. Cornish I have known that this Court hath heard what the Prisoner hath to say at the Bar and I have more to say perhaps than any man that ever stood at this Bar. Recorder Mr. Cornish when you have pleaded you have time to speak for your self Clerk Henry Cornish hold up thy hand Which he did Thou standest indicted by the Name of Henry Cornish

THat Henry Cornish late of the Parish of St. Michael Bassishaw London Merchant as a false Traitor against the most Illustrious Prince Charles the second late King of England Scotland France and Ireland Defender of the Faith then his natural Lord not having the fear of God in his Heart nor weighing the Duty of his Allegiance but moved and seduced by the Instigation of the Devil and the cordial Love and true due and natural Obedience which a true and faithful Subject of our late Sovereign Lord the King towards our late Sovereign Lord the King should and of right ought to bear altogether withdrawing and minding and with all his strength intending the Peace and common Tranquillity of this Kingdom of England to disquiet molest and disturb and War and Rebellion against our late Sovereign Lord the King within this Kingdom of England to stir up move and procure and the Government of our said late Sovereign Lord the King of this Kingdom of England to subvert change and alter and our said late Sovereign Lord the King from the Title Honour and Kingly Name of the Crown Imperial of this Kingdom of England to depose and deprive and our said late Sovereign Lord the King to Death and final Destruction to bring and put the 30th day of May in the 35th Year of the Reign of our said Sovereign Lord the King and divers other days and times as well before as after at the Parish of St. Michael Bassishaw London falsly maliciously devilishly and traiterously with divers false Traitors to the Jurors unknown did conspire compass imagine and intend our said late Sovereign Lord the King his supream and natural Lord not only of his Kingly State Title Power and Government of this Kingdom of England to deprive and throw down but also the said late King to kill and put to Death and the ancient Government of this his Kingdom of England to change alter and altogether subvert and a miserable Slaughter amongst the Subjects of our late Lord the King thorough this Kingdom of England to cause and procure and Insurrection and Rebellion against our said late Lord the King to procure promote and assist And the same most wicked and devilish Treasons and traiterous Compassings Imaginations and Purposes aforesaid to fulfil perfect and bring to effect He the said Henry Cornish as a false Traitor then and there to wit the said 30th day of May in the Year aforesaid at the Parish and Ward aforesaid falsly maliciously and traiterously knowing James the late Duke of Monmouth William Russel Esq and Thomas Armstrong Knight and divers other Rebels and Traitors then lately before in the Parish and Ward aforesaid within the said City of London falsly unlawfully devilishly and traiterously to have conspired the Death and final Destruction of our said late Sovereign Lord the King he the said Henry Cornish as a false Traitor then and there to wit the said 30th day of May in the Year aforesaid within the Parish and Ward in the said City of London falsly unlawfully wickedly and traiterously ●●d promise to the said divers false Traitors and Rebels then and there present That he the said ●●●n●y Cornish would be aiding and assisting in the Treasons aforesaid to be done perfected 〈◊〉 brought to effect against the Duty of his Allegiance against the Peace and against the ●●●m of the Statute c. Clerk How say'st thou Henry Cornish art thou guilty of this high Treason where of thou standest indicted or not guilty Mr. Cornish This is an heinous Charge Counsel Answer You know you must answer Mr. Cornish I am perfectly innocent Counsel Are you guilty or not guilty You must take the Words Mr. Cornish Not guilty Clerk Culprit how wilt thou be tryed Mr. Cornish By the great God of Heaven and my Country Clerk God send thee a good Deliverance L. C. J. Jones I don't know in what state things are here in the Court I can't tell whether there be a Jury returned or not Clerk He is arraigned L. C. J. Jones Why don't you go on with the Jury Mr. Cornish My Lord I humbly pray your Lordship I have some ground for it L. C. J. Jones You shall be heard in good time Sir Mr. Cornish My poor Children last night preferr'd a Petition to His Majesty and he was pleased to refer it most graciously to my Lords the Judges and I now make my Application to Your Lordships L. C. J. Jones Have you any Answer to the Petition from the King Mr. Cornish It was referred to your Lordships the Judges to consider my Case L. C. J. Jones We may hear more of your Business anon when Mr. Attorney and Mr. Solicitor do come we will stay here till they come to know whether there be any Order from the King to them concerning you Mr. Cornish My Lord I hope it will not be offensive if I should acquaint your Lordships what Usage I have met with since I have been under Confinement I have been under very close Confinement I had no notice of my Try till about Twelve a Clock on Saturday no Friend came to me till Eight a Clock at night and I had no time for preparation for my Tryal My Lord these are hard things but tho' I am denied Counsel I trust in God I shall not need Counsel for I hope if your Lordship pleases to allow me time to clear my self of all matters and I hope with such Satisfaction to your Lordships that you will acquiesce in whatsoever I shall lay before your Lordships I do not come to make an Harangue and Talk my case was such that I had neither Pen Ink nor Paper Mr. Just Withins Mr. Cornish Mr. Attorney and Mr. Solicitor will come we must hear them L. C. J. Jones You shall be heard in your proper time it is a strange thing you won't be satisfied you shall be heard I tell you in your proper time Mr. North. We have arraign'd one Fernley if you please to try him who with Ring was brought to the Bar. Clerk You the Prisoners at the Bar those Persons you shall hear call'd and appear are to pass between our Sovereign Lord the King and You upon your several Lives and Deaths if you will challenge them or any of them your time is to challenge them when they come to the Book to be sworn before they be sworn Cryer O Yes all manner of Persons are commanded to keep silence upon pain of Imprisonment The Middlesex Jury Nehemiah Arnold Francis Stevens Richard Fisher John Howlet John Vigares Samuel Birch William Thompson William Read Samuel Peacock Richard Fitz-gerrard Richard Bromfield John Haynes Cryer O Yes If any one can inform my Lords the King's Justices the King's Serjeant or the King's Attorney before this Inquest be taken between our Sovereign Lord the King and John Fernley and William Ring the Prisoners at the Bar let them come forth and they shall be heard for now the Prisoners stand at the Bar upon their

is charged But Gentlemen that is not all you have express Testimony from Burton himself who it seems was acquainted with him and who had fled from his Neighbourhood by the space of two years almost and yet he receives this Burton into his house I will not say at the first time that he came into his house it doth appear by any Evidence that he knew him to have been in the Rebellion in the West but when he came thither upon Friday he was so kind to him as to leave his own Chamber and to let him have that for his Lodging although now he gives you another excuse plainly frivolous and false that is a pretence of making way for his Wife to lie-in who yet is not delivered He lies there upon Saturday-night and dines with him upon Sunday Saturday perhaps might be a busie day and there is no Testimony at all given by any Evidence of any Discourse that was between them upon that day but upon Sunday when they Dined together Burton swears that he did tell him that he had been in the West in the Rebellion there and he came thither for shelter This man being acquainted with this allowed him to dine with him and harboured him in his House for the space of Seven or Eight hours more without bringing him before any Justice of Peace or any Magistrate who had Authority to commit him although he had a particular Authority of his own as he was a Constable for the conservation of the Peace yet he forgets his Oath as well as his Duty and Allegiance and suffers him still to remain there It is true the Wife of Burton dined with them as Burton himself says and the Woman confesses but she was so busie at her Victuals that she can remember nothing she did not hear that there was any Discourse concerning Monmouth But lest you should want another Witness for Burton is but one Witness to that particular you have him plainly confessing it himself which is above a Thousand Witnesses you have him confessing that Burton did acknowledg he had been in the West and that Monmouth was Routed and yet he continues him in his house nay more this man doth appear to be a Person in whom there was that gr●at Confidence that another Person Gaunt came and he bids him come into his house and there he discourst of some Traytors and the means of conveying them away that they should not suffer for their Treason and discoursed likewise of conveying away Burton though he had confessed it himself Gentlemen what he tells you is that he did mean to discover when did he intend to discover he did not discover to any Body before the man was apprehended by an Officer he lets Gaunt who plainly appears to be as arrant a Traytor as could he in the World to go away meerly upon his own Parole without taking any course to apprehend him He pretends he is a poor man and he might have gain'd 100 l. if he had discover'd him and surely he would have discover'd him to gain 100 l. but this is a strong Argument that he was deep in the Rebellion himself and one in great esteem with them that being a poor man he would not do his Duty for which he might have had a reward of 100 l. but suffers him to escape This is the Case Gentlemen that is before you if you believe he did knowingly as he himself upon the matter doth confess give any comfort or relief to Burton knowing him to be a Rebel you ought to find him guilty Then the Jury withdrew to consider the Evidence Clerk Set Elizabeth Gaunt to the Bar. which was done Elizabeth Gaunt hold up thy hand which she did Thou standst Indicted by the name of Elizabeth Gaunt Wife of William Gaunt of the Parish of St. Mary White-Chappel in the County of Midd. Yeoman As a false Traytor against our late Serene Lord Charles the Second by the Grace of God her then Natural Lord Not having the fear of God in her heart nor weighing the duty of her Allegiance but moved and seduced by the Instigation of the Devil and the true and natural obedience which a true and faithful Subject of our said Sovereign Lord the King towards our said late Lord the King of right ought to bear withdrawing and with all her strength intending the Peace and common Tranquillity of this Kingdom of England to disquiet molest and disturb and War and Rebellion against our said late Sovereign Lord the King within this Kingdom of England to stir up and move and the Government of our said late Sovereign Lord the King in this his Kingdom of England to subvert and our said late Sovereign Lord the King from the Title Honour and Kingly Name of the Crown Imperial of this Kingdom of England to depose and deprive and our said late Sovereign Lord the King to death and final destruction to bring and put The 24th day of September in the 36th Year of the Reign of our said late Sovereign Lord Charles the II. and divers other days and times as well before as after within the Parish c. Falsly Malitiously Devilishly and Traiterously with divers Rebels and Traytors to the Jurors unknown she did Conspire Imagine and Intend our said late Sovereign Lord the King her then Supream and Natural Lord not only from his Kingly State Title Power and Government of this Kingdome of England to deprive and throw down but also our said late Sovereign Lord the King to kill and put to death and the Ancient Government of this Kingdom of England to alter and wholly subvert and a miserable slaughter amongst the Subjects of our said late Sovereign Lord the King thro'out this Kingdom of England to cause procure Insurrection Rebellion against our said late Sovereign Lord the King to procure and assist And the said most wicked and devilish Treasons and traiterous Compassings Imaginations and purposes aforesaid to fulfil perfect and bring to pass the said Eliz. Gaunt as a false Traytor then and there to wit the said 24th day of September in the year aforesaid at the Parish and Ward aforesaid well knowing one James Burton to be a false Traytor and as a false Traytor trayterously to have compassed and imagined the Death and Destruction of our said late Sovereign Lord the King and War and Rebellion against our said late Sovereign Lord the King within this Kingdom of England together with other Traytors to the Jurors unknown to have intended to be raised she the said the Eliz. Gaunt afterwards to wit the said 24th day of September in the year aforesaid within the City of London aforesaid the said James Burton in a certain house of a person to the Jurors unknown knowingly secretly wickedly devilishly and traiterously did entertain conceal comfort sustain and maintain and then and there for the comforting sustenance and maintenance of him the said James Burton Meat Drink and 5 l. in money for the