Penal Laws not being for the future to be drawn either into Consequence or Example caused the Original Declaration under the Great Seal to be cancelled in his presence whereof Himself and several other Lords of the Council were Witnesses The Record of which in the Journal was then read Then his present Majesty's Speech on Novemb 9. 1685 to both Houses was read wherein declaring the Necessity of his Standing Army and requiring a Supply for their Maintenance he says Let no Man take Exception that there are some Officers in the Army not qualified according to the late Tests I will neither expose them to disgrace nor my self to the want of them if there should be another Rebellion to make them necessary to me The Commons Journal being then turned to their Address to the King was then read Wherein after they had thanked him for his Care in the suppressing the late Rebellion they acquaint him that they had considered his Speech and as to that part of it relating to the Officers They do out of their bounden Duty humbly represent to him That those Officers cannot by Law be capable of their Imployments and that the Incapacities they bring upon themselves thereby can no ways be taken off but by Act of Parliament That therefore they are preparing a Bill to indemnify them from the Penalties they have now incurred And because the continuance of them in their Imployments may be taken to be a dispensing with that Law without Act of Parliament the Consequence of which is of the greatest Concern to the Rights of all his Majesty's Subjects and to all the Laws made for the Security of their Religion They therefore do beseech him he would be graciously pleased to give such Directions therein that no Apprehensions or Jealousies may remain in the Hearts of his Subjects After this that forecited Clause of the Statute 1. Eliz. was read and then Mr. Serj. Levinz spoke to this effect That the Charge being for a Libel it ought to be consider'd Whether the Bishops did deliver this Paper to the King of which there has been no direct Proof Publishing he would not talk of because there has been no proof of a Publication or supposing they did deliver it Whether this be a Libel upon the Matter of it the Manner delivering it or the Persons that did it He said it was no Libel taking notice of the disingenuity offered the Bishops in only setting forth part and not the whole Affirming that the Subjects have a Right to Petitioning in all their Grievances That this was a Grievance the Bishops petitioned against it being what the Law neither Common nor Act of Parliament allowed of And therefore the Bishops could not be guilty of the Charge Then Mr. Finch spoke briefly again making a Challenge to shew any one Instance of such a Declaration such a general Dispensation of Laws from the Conquest till 1672. Leaving their Cause upon this Point That to suspend Laws is to abrogate them and that to abrogate Laws is part of the Legislature which Power is lodged in King Lords and Commons To which Sir Robert Sawyer added That he found few Attempts of this Nature in any Kings Reign In the Reign of Henry the 4th there was an Act of Parliament that Foreigners should have a free Trade in London notwithstanding the Franchises of the City After the Parliament rose the King issued out his Proclamation forbidding the execution of that Law and commanding that it should be in suspense till the next Parliament yet that was held to be against Law Then he mentioned another Case upon the Statute of 31. Hen. 8. cap. 8. which enables the King by Proclamation in many Cases to create the Law which Statute was repealed by 1. Edw. 6. cap. 12. That very Act reciting that the Law is not to be altered or restrained but by Act of Parliament Then Mr. Sommers of Counsel also for the Bishops mentioned the Case of Thomas and Sorrel upon the Validity of a Dispensation of the Statute of Edward the 6th touching selling of Wine Where it was the Opinion of every one of the Judges and they did lay it down as a settled Position that there never could be a Suspension of an Act of Parliament but by the Legislative Power Affirming that the Matters of Fact alledged in the Bishops Petition had been proved perfectly true by the Journals of both Houses That there could be no Design thereby to diminish the King's Prerogative because he had none such That the Petition could not be Seditious nor stir up Sedition because it was presented to the King in private and alone False it could not be because the Matter of it is True There could be nothing of Malice because the Occasion was not sought the Thing was pressed upon them and a Libel it could not be because the Intent was innocent and they kept within the Bounds set by the Act of Parliament that gives the Subject leave to petition his Prince when he is grieved Here the Bishops Counsel saying they had done Mr. Attorn Gen. spoke for the King Alledging that the Records produced were nothing to the purpose because they were only Matters transacted in Parliament and not Acts of Parliament That be their Libel never so true yet still it was Libellous That though the Subject may petition the King yet not in such reflecting Terms And though Religion was concerned yet ought not illegal Means he made use of That therefore the Bishops ought rather to have acquiesced under their Passive Obedience till the Parliament met which the King had promised in his Declaration should be in November Then Mr. Sol. Gen. in along Speech added That the Bishops had no right of Petitioning out of Parliament and therefore the Proceedings in Parliament which had been produced were not to the purpose Here Mr. Justice Powel expressed his dislike of this Doctrine aside to the Ld. Ch. Justice who concurred with him Going on to prove from the Statute 1 Hen. 4. that there ought to have been no Complaint made till it had come from the Commons in Parliament that the Law continued so till the 3 Hen. 7. where the Grievance was found that Offences in the Intervals of Parliament could not be well punished and then comes the Statute that sets up the Court of Star-Chamber which yet was abolished by the Statute of the 15 Car. 1. That the Proceedings of Parliament produced were no Declarations of Parliament because never passed into an Act and therefore they are Nullities and cannot be accepted of as any Evidence Here again the Ld. Ch. Justice and Mr. Justice Powel discours'd aside saying he thought to impose upon them but they believed not one word he said Then he appealed to the Case in the 2 Cro. 2. Jac. 1. Where it is asserted That the King may make Orders and Constitutions in Matters Ecclesiastical And the Case of De Libellis Famosis which says in the 5th Report If a Person does a thing
Majesty's gracious Government So shall your Petitioner ever pray c. This being read the Bishop return'd and the Chancellor told him they were not concerned in it and asked him If he desired his Answer should be read The Bishop said Yes saying that what he did therein was by Advice of Counsel and therefore hoped would not be interpreted to be done maliciously or obstinately And that in effect he did what the King commanded to be done having advised Doctor Sharp to forbear Preaching till his Majesty had received Satisfaction concerning him and accordingly that he had forborn in his Diocess Then the Bishop's Paper was read which contain'd the King's Letter and Bishop's Answer thereto The King's Letter Dated Monday July 14. 1686. Delivered at Fulham on Thursday June 17. in the Afternoon by Mr. Atterbury the Messenger JAMES R. RIght Reverend Father in God We greet you well Whereas We have been informed and are fully satisfied that Dr. John Sharp Rector of the Parish Church of St. Giles in the Fields in the County of Middlesex and in your Diocess notwithstanding Our late Letter to the most Reverend Fathers in God the Arch-Bishops of Canterbury and York and Our Directions concerning Preachers given at Our Court at White-hall March 15. 1685. in the Second Year of Our Reign yet he the said Dr. John Sharp in contempt of the said Orders hath in some of the Sermons he hath since preached presumed to make unbecoming Reflections and to utter such Expressions as were not fit or proper for him endeavouring thereby to beget k the Minds of his Hearers an evil Opinion of Us and Our Government by insinuating Fears and Jealousies to dispose them to Discontent and to lead them into Disobedience and Rebellion These are therefore to require and command you immediately upon receit hereof forthwith to suspend him from further Preaching in any Parish Church or Chappel in your Diocess until he has given Us Satisfaction and Our further Pleasure be known herein And for so doing this shall be your Warrant And so We bid you heartily farewel Given at our Court at Windsor June 14. 1686. in the Second Year of Our Reign By His Majesty's Command SVNDERLAND The Bishop of London's Answer sent by Dr. Sharp to the Earl of Sunderland then at Hampton-Court on Friday June 18. Who could have no Answer To the Right Honour able the Earl of Sunderland Lord President c. My Lord I Always have and shall count it my Duty to obey the King in what-ever Commands he lays upon me that I can perform with a safe Conscience But in this I humbly conceive I am obliged to proceed according to Law and therefore it is impossible for me to comply because though his Majesty commands me only to execute his Pleasure yet in the Capacity I am to do it I must act as a Judg and your Lordship knows no Judg condemns any Man before he has knowledg of the Cause and has cited the Party However I sent to Mr. Dean and acquainted him with his Majesty's Displeasure whom I find so ready to give all reasonable Satisfaction that I have thought fit to make him the Bearer of this Answer From him that will never be unfaithfull to the King nor otherwise than My Lord Your Lordships most humble Servant H. LONDON After this the Chancellor ask'd the Bishop if he had any more to say Who then desired his Counsel might be heard by whom they would have more clear and full Satisfaction concerning what he had said Whereupon the Bishop was desired to withdraw and after half an hour he and his Counsel were called in who were Dr. Oldish Hodges Prince and Newton Dr. Oldish pleaded That the King's Letter did not take cognizance of the Cause so that it could not be an absolute Suspension because that supposeth a Proof of the Crime charged upon him That there was no such word in their Laws as suspend from Preaching which therefore must be meant silencing and this the Bishop did and in such a Method as is observed in their Courts Dr. Hodges then pleaded That the Bishop had done what the King commanded and that he could not Suspend which is a Judicial Act without first a Citation and Hearing which is the Method of proving before all Courts and appeared to be so in this otherwise the Bishop needed not to have been cited before them And that in returning the King an Answer why he did not do what he commanded him he did but what was his Duty and what was Law Dr. Price pleaded that a Citation was Jure Gentium and could never be taken away by any Positive Command or Law whatsoever that therefore the Bishop had obeyed the King so far as he could in that he had silenced the Doctor the Advice of a Bishop being in some sense an Admonition which is a Judicial Act and was given by the Bishop and obeyed by the Doctor Dr. Newton pleaded that the Bishop had obeyed the King for as in Nature no Man can be desired to do what is impossible so no man can be obliged to do an unlawful Act which Suspension without Citation and Hearing is That the Bishops are Custodes Canonum and therefore must not break them themselves That he had done what was in his Power to do and it was in effect what the King commanded to be done For where he did Rescribere and heard not the further Pleasure of the King returned he ought to conclude the King was satisfied with what he had written according to his Duty and the King had altered his Commands Then the Bishop of London said If he had erred in any Circumstance he was very ready to beg his Majesties Pardon and would be ready to make any reparation he was capable After which the Bishop withdrew for half an Hour and then being called in was desired to attend the Court again on Sept. 6. So the Bishop desiring that care might be took concerning the Minutes taken by the Clerks of what passed that he might not be misrepresented to the King by the Mistake of the Pen-man he went away While the Counsellors were pleading Dr. Pinfold the King's Advocate stood at the Chancellor's Elbow and took Notes by which it was expected that he should make a Reply but he said nothing and 't is supposed that he staid with the Council when the Bishop withdrew and gave them Reasons for his silence On Monday Sept. 6. 1686. There being present in Council the same as before and the Bishop appearing he was desired to sit down and hear his Sentence which to prevent Mistake they had ordered to be put in Writing The Bishop then would have spoke but was not suffered And then Mr. Bridgman their Register read the Instrument whereby the Bishop of London was suspended from the Execution of his Episcopal Office upon pain of Deprivation during his Majesties Pleasure sealed with their Seal but signed by no Body at all And some day after one of the
no Advantage should be taken or use made of it Upon which the Kings Counsel again urged that the Paper might be now read but the Bishops Counsel still opposed it pleading that first it ought to be proved that this Libel as they call'd it was written and published in Middlesex for that all Matters of Crime were so local that if it be not proved to be done in the County where it is layed the Party accused is as innocent as if he never had done the thing But this the Ld. Ch. Justice over-ruled that it was not proper to urge this until the Paper had been read then Mr. Justice Powel at first opposed it The Bishops Petition then was read and shewn to the Jury The King's Counsel leaving it here till they had seen what should be said to it The Bishops Counsel therefore urged their former Objection that nothing had been proved to be done in Middlesex and that the Bishops owning the Paper in that County would not amount to a Publication of it there besides that the Information and Petition did not agree the Direction and Petitionary Part being left out To which the King's Counsel reply'd That the Fact being own'd in Middlesex it is to be supposed to be done there until they had proved it to be done elsewhere Which therefore the Bishops Counsel did by Mr. Francis Nichols who being sworn deposed that he had served the Arch-Bishop in his Bed-Chamber this seven Years and he was sure that he never stirred out of the Gate of Lambeth-house since Michaelmas last till the time he was summoned before the Council Yet Mr. Finch insisted on it that the King's Counsel ought to prove the place in which it was writ for that the Locality of it being part of the Crime as laid in the Information they had not proved the Charge unless they did that Which because the King's Counsel could not do they yielded in that Point and insisted upon the Publication of it in that County because there it was own'd instancing in several cases wherein the writing of a Libel was adjudged a Publication To which the Bishops Counsel reply'd that in those Cases it was proved that the Libel was sent by the Persons which here it is not and till that is proved it cannot be said to be published by them an owning of it to the King and Council not being criminal because then an Answer to a Question put by Authority would be a Crime and then it would be as if Authority were employed to do wrong The King's Counsel therefore insisted upon it that it was their parts to prove it did not come from them to the King for that the King had it and they own'd it and till they proved it otherwise they must presume it was deliver'd by them But Presumption being looked upon as no Evidence the Court would not accept of this And therefore the King's Counsel called Mr. Blathwayt again who deposed as before that he was present when this Paper was delivered by the King at the Council-Board and being asked by Mr. Sollicitor General if there was any mention of what it was done for upon the account of Religion or how he answered he did hot remember any thing of that At which there was a great Laughter But that he received it from the King's hands and he knew it was presented to him by the Bishops for that he had heard the King say so several times That to the best of his remembrance the Bishops were question'd whether this was the Paper presented by them to the King and that he did always think it a plain Case that it was so nor did they deny it but as to that Question he did not remember what the Words were At which there was a great Shout Then Mr. Bridgman was asked the same Question Whether there was any question at the Council-Board whether this was the Paper presented by the Bishops to the King To which he in answer deposed that there was something about it but he did not remember whether the question was directly asked or answered But he Believed there was no Body doubted that that was not the Paper And that he saw it soon after it was delivered and heard the King say it was the Petition the Bishops had delivered and on Sunday the King commanded him to copy it and there was no Copy made of it but that one notwithstanding that he saw a Copy within a day or two after it was presented about the Town Then Sir John Nicholas being asked to the same Question answered that though he was then present at the Council-Board he did not remember that Then there was a great Shout Then Mr. Pepy's being sworn was examin'd to the same and depos'd that he did not remember any thing was spoken about the delivering but he believed it was understood by every Body at the Table that that was the Paper the Bishops had delivered Then Mr. Musgrave being sworn and examin'd to the same deposed that he did not remember that ever any such direct Question was asked Upon this Evidence then the King's Counsel when they had opened it submitted to the Jury And the Ld. Ch. Justice began to direct the Jury but was interrupted by Mr. Finch who questioned whether it were Evidence or no because if it were they had other matter to offer in Answer to this Evidence and in their own Defence Whereupon the Ld. Ch. Justice resolved to hear them though the rest of the Bishops Counsel pray'd him to go on with his Lordships Direction But just as he was beginning to go on the King's Counsel then pray'd his Patience Mr. Solicitor General saying There was a Fatality in some Causes and so there was in this for that they had notice that a Person of very great Quality was coming that would make it appear that the Bishops made their Addresses to him that they might deliver this Paper to the King Then there was 3 or 4 long Pauses for above half an Hour And no one coming the Criar made Oath that Mr. Grabam coming into the Hall when his Lordship was directing the Jury said my Lord Sunderland was a coming but he would go and prevent him And afterwards returning and finding his Lordship did not go on he said he would go again for the Lord Sunderland whom he had sent away and he was now gone for him and said he would bring him with him presently At length the Lord President came and being sworn deposed That the Bishops of Saint Asaph and Chichester came to his Office and told him that they came in the Name of the Archbishop and 4 other of their Brethren viz. the Bishops of Ely Bath and Wells Bristol and Peterborough to let him know that they had a Petition to deliver to the King if he would give them leaver and desired to know of him which was the best way to do it That he told them he would know the King's Pleasure and bring them
then an Army to have appear'd to have cut off those that might escape the Massacre that these Consultations were in Staffordshire one at Tixal another at Boscobel at my Lord Aston's and Mr. Gerrard's Also that Mr. Ewers received a Letter on Munday dated on Saturday from Mr. Harcourt which did express and begin thus This very night Sir Edmondbury Godfrey is dispatched with some other words of like Import Then Mr. Prance deposed that he was told by the Lord Butler that one Mr. Messenger a Gentleman of the Horse to the Lord Arundel of VVarder was by him imployed and the Lord Powis to kill the King for a good Reward That Mr. Harcourt in his hearing said that the King was to be killed by several And that Fenwick said Mr. Langhorn was to have a great hand in it That then an Army of 50000 Men was to be raised and governed by the Lords Arundel and Powis to rain the Protestants and settle the Catholick Religion whereof he hath heard Fenwick Ireland and Grove speak at the same time together Then for the Proof of the particular matters of the Indictment Dr. Oates was sworn who deposed That in April 1677 he went into Spain and in September following Mr. Langhorn's Sons came thither the one a Scholar of the English Colledg at Madrid the other of the English Colledg at Valladolid to study Philosophy in order to their receiving of the Priesthood That in November following he returned into England and brought Mr. Langhorn Letters from his Sons which he delivered soon after his Arrival to him telling him at the same time that he believ'd his Sons would both enter into the Society whereat Mr. Langhorn seem'd mightily pleased saying that by so doing they might quickly come to Preferment in England for that things would not last long in the posture they were in That in the latter end of November he returning to St. Omers Mr. Langhorn deliver'd to him a Pacquet to carry thither wherein when it was opened he saw a Letter from him to the Fathers giving them thanks for their care and kindness towards his Sons promising them to repay them their charges of his Son's Journey into Spain which was 20 l. telling them that he had writ to Father Le Chese in order to their Concerns saying that Mr. Coleman had been very large with him and therefore it would not be necessary for him to trouble his Reverence with any large Epistles at that time which Letter he saw not only this account of it That there was in March or April after another Letter from Mr. Langhorn to the Fathers at St. Omers about an extravagant Son of his wherein he also express'd his great care for the carrying on of the Design of the Catholicks and that the Parliament began now to flag in promoting the Protestant Religion and that now they had a fair Opportunity to begin and give the Blow That in April or May when the Consult was to which several of them came over from St. Omers and at which tho Mr. Langhorn was not present yet that he had Orders from the Provincial to give him an account of what Resolutions and Passages and Minutes pass'd and this he did as well as he could telling him who went Procurator to Rome which was one Father Cary that several of the Fathers were to be admonished for their irregular living as they termed it and that it was resolv'd that the King should be kill'd that Pickering and Grove should go on to do it for which Grove was to have 1500 l. and Pickering 30000 Masses upon the hearing of which Mr. Langhorn lift up his Hands and Eyes and prayed God that it might have good Success That then he saw in Mr. Langhorn's Chamber seven or eight Commissions whereof there were about fifty by Virtue of a Breve from the Pope directed to the General of the Society and signed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Johannes Paulus de Oliva those he saw were for the Lord Arundel to be Lord Chancellor of England the Lord Powis to be Lord High Treasurer the Lord Bellasis to be General the Lord Peter to be Lieutenant General the Lord Stafford to be Pay-Master or some such office in the Army Mr. Coleman to be Secretary of State and Mr. Langhorn to be Advocate of the Army That he saw the Answers of Le Cheese and Anderton who was Rector of the Colledg at Rome to Mr. Langhorn's Letters to them and carried the Originals of them to the Fathers who requested them from Mr. Langhorn wherein Le Chese did assure him of his Stedfastness and Constancy to assist the English Society for the carrying on the Cause And that they should not need doubt but the French King would stand by them That Mr. Langhorn was employed as Solicitor for the Jesuits and went with Harcourt Fenwick Keines and Langworth and communicated the Secret to the Benedictine Monks desiring them to stand by them with a Sum of Money for the carrying on the Design upon which as he heard that 6000 l. was promised and that Mr. Langhorn was to receive it which though he could not prove that he had yet that he was sure he was much disgusted that Sir George Wakeman was not contented with 10000 l. to poison the King saying he was a covetous Man that it was in a Publick Concern and that being it was to carry on the Cause it was no matter if he did it for nothing but he was a narrow-spirited and a narrow-soul'd Physician That Mr. Langhorn also did know of 800000 Crowns come to France for England from the Congregation at Rome Then Mr. Bedloe being sworn there was as a Confirmation of what Dr. Oates had deposed concerning the Commissions an Instrument produced found by Mr. Bedloe in searching Mr. Arthur's Study a Papist a good while after Dr. Oates had given his Testimony publickly signed and seal'd just as the Commissions were He then deposed that about three Years since he was sent by Mr. Harcourt and Mr. Coleman with Letters to Le Chese that the Letters were writ at Coleman's House and brought open by Mr. Coleman to Mr. Langhorn's Chamber in the Temple where the Prisoner read and registred them and then Coleman sealing them up gave them to him to carry away The effect of which was to let Le Chese know that they waited only now for his Answer how far he had proceeded with the French King for sending of Mony for they only wanted Mony all other things were in readiness That the Catholicks of England were in safety had made all Places and all Offices to be disposed of to Catholicks or such as they thought would be so that all Garisons were either in their own Hands or ready to be put into them that they had so fair an Opportunity having a King so easy to believe what was dictated to him by their Party that if they slipp'd this Opportunity they must despair of ever introducing Popery into England for having a
with a solemn Imprecation and disclaiming all the Crime in this Matter that had been charg'd against him Against Corker Dr. Oates swore That he was privy to the Promise of the 6000 l. which was to be raised among the Benedictines for carrying on the Design and as being President of the Benedictines he assented thereto That the said Corker gave Le Chese and the English Monks at Paris an account of the Jesuits Proceedings in England And that he had a Patent to be Bishop of London which the Witness had seen in his hand And that he disposed of several parcels of Mony which they called the Queen's Charity for advancing the Design That also he was privy to the Grand Consult in April and excepted against Pickering's being made choice of for killing the King in regard that he being engag'd to say High Mass an Opportunity might be lost in the mean time Mr. Bedloe further depos'd against him That he had been with him in the Company of others at Somerset-House where he heard him discourse in general concerning the Plot of Letters of Intelligence and raising an Army What Agitators the Conspirators had in the Country and what Interest they had made To this Corker offer'd in his Defence That not knowing his Accusations he could not come with Evidences to support his Plea That there was nothing more easy than to accuse an innocent Person and that the Circumstances ought to be as credible as the Witnesses of which there was neither to be found in his Case using many Flourishes to move the Court and the Jury raising his Arguments from Improbability of Witnesses to maintain his Allegations And the more to invalidate Oates's Testimony he produced one Ellen Rigby Elizabeth Sheldon Alice Broadhead who testified That one Stapleton was President of the Benedictines and not himself and that the said Stapleton had been so for many Years Against Marshal Dr. Oates depos'd That he was present when the 6000 l. was agreed upon and that he made the same Exceptions against Pickering that Corker had done Mr. Bedloe swore also against him That he had carried several Letters to Papists in the Country that were in the Design and particularly one to Sir Francis Ratcliff And that he had sent Letters of his own twice to others concerning the subverting of the Government and introducing Popery To this Marshal throwing himself upon the Court whom he besought to manage his Cause for him as having had so much Trial of their Candour and Ingenuity he made some slight Reflections upon the King's Evidence and desir'd the Court to consider how-little concern'd he was at his being apprehended which was no small sign of his Innocency Relating the manner of it though very falsly as Sir William Waller then swore But the main of his Evidence lay upon this stress That Dr. Oates was a stranger to him and had mistaken him for some other Person which also was evidently made out to the contrary besides that the Prisoner brought no proof of what he affirm'd in that particular The Conclusion of his Defence was a smooth Harangue ad captandum populum and in justification of the Crimes of the five Jesuits that had already suffered which because it was look'd upon as an affront done to the Justice of the Court the Ld. Ch. Justice replied in a very smart and excellent Harangue whereat the people gave a Shout again upon him and the Court desir'd him to forbear his Flowers of Rhetorick which were all to no purpose Against Rumley only Dr. Oates swore That he was privy to the Consult for the raising the 6000 l. and that he pray'd for the Success of the Design And being but one Witness against him he did not think it needful to trouble the Court with a Defence And indeed it was the Opinion of the Court deliver'd to the Jury that they ought to discharge him After this the Ld. Ch. Justice summ'd up the Evidences taking Notice of the weakness of the Prisoners Defences only expressing himself dissatisfied at Dr. Oates's excuse of his own weakness and infirmity for not giving his full Charge against Sir George Wakeman at the Council Board Since he might have charg'd him in the same breath that he denied he had any thing more against him Saying it was strange that the Prisoners should have so little knowledg and so little accquaintance with Oates and Bedloe and so great a matter as they speak should be true c. As soon as my Lord had done speaking Mr. Bedloe told him he had not summ'd up his Evidence right His Reply was I know not by what Authority this Man speaks An Officer then being sworn to keep the Jury the Judges went off the Bench leaving Mr. Recorder and some Justices to take the Verdict And after about an Hours space the Jury returned and brought them all four in contrary to Expectation Not Guilty After which the Court Adjourned The Trials of Andrew Brommich and William Atkins Priests at the Summer-Assizes at Stafford As also of Charles Kern a Priest at Hereford-Assizes before the Lord Chief Justice Scroggs 1679. ON VVednesday Aug. 13. 1679. the Court sate And the Night before the Lord Chief Justice having charged the Sheriff to return a good Jury he now enquired of him if he had observed his Directions The Sheriff acquainted his Lordship That since he had impannelled the said Jury he had heard that one Allen who had being returned said in Discourse with some of his Fellows that nothing was done against the Popish Priests above and therefore he would do nothing against them here nor find them Guilty Whereupon his Lordship called for the said Allen and one Randal Calclough one of his fellow Jury-men and another Witness upon Oath who proving the words against him his Lordship discharg'd him of the Jury and committed him to Prison till he found Sureties for his good Behaviour And likewise three more of the Jury were discharg'd upon suspicion of being Popishly-affected his Lordship commanding the Sheriff to return good Men in their Places which was accordingly done and the Jury sworn viz. Thomas Higgin John Webb Edward Ward Thomas Marshall John Beech. Randal Calclough Richard Trindall James Beckett VVilliam Smyth VVilliam Pinson Daniel Buxton Richard Cartwright Then Andrew Brommich being set to the Bar was Indicted for being a Priest And to prove him so Ann Robinson deposed That she had received the Sacrament from him about Christmas last according to the Church of Rome in a Wafer and four times more before that time twice at Mr. Birch's and twice at Mr. Pursall's Then Jeoffery Robinson deposed That he heard him say something in an unknown Tongue and that he was in a Surplice but being a Papist was hardly induced to say so much Brommich's Defence was only a denial that ever he gave the Sacrament to Ann Robinson or if he did that it could be no Sacrament unless he was a Priest He desired also that it might be took notice
burnt in the Hand for Felony and afterwards pardoned can be a good Witness Which being granted him he named Mr. Jones Mr. Saunders and Mr. Darnel for his Counsel But Mr. Saunders was not in Court and Mr. Jones said he was not prepared to speak But Mr. Darnal gave his Opinion in the Negative alledging for it 11. Henry 4.41 and 9. Jac. and the Lord Cook p. 154. To which the Attorn General and Mr. Justice Jones asserted the constant Custom and Practice of the Court the same did Mr. Sol. General and Mr. Recorder Then Mr. Justice Raymond went down to the Court of Common-Pleas to know their Opinion who brought word that it was the Opinion of their Brethren That a Man convicted of Felony and not burnt in the Hand a Pardon could not set him Upright but being convicted and burnt in the Hand they suppose he is a Witness Then Mr. Dangerfield was sworn who deposed That about 12 Months ago the Lady Powis sent him with a Letter to the Prisoner who writ back an Answer which the Lady Powis read to him and Mrs. Cellier the Contents of which were This Person I like well and though he be no Scholar he will serve to instruct the Youths as he shall be directed By the Youths he said was meant the St. Omers Witnesses whom the Prisoner was employed to instruct what to say before the Trial. That his Lordship employed him to get Lane out of the Gate-house That his Lordship was concern'd also in those Letters which related to the promoting of the Sham-Plot and were to be conveyed into the Houses of several Persons of Quality and sent 40 s. for his part to pay for copying them That the next day after he had been treated with in the Tower to kill the King which he refused he waiting upon the Prisoner his Lordship ask'd him why he would refuse to kill the King it being that for which he was took out of Prison and was violently angry with him upon which he left him After this the Prisoner began his Defence and against Oates produced a Record which was read in Court of his prosecuting a Man of Buggery at Hastings whom the Jury Acquitted After which coming to London he was converted to be a Papist by one Hutchinson whom since Oates hath converted to be a Protestant which Mr. Hutchinson then appearing testifyed but talking extravagantly the Court was informed he was a distracted Man Then one Armstrong appeared to testify that Mr. Oates was only a Common Scholar at Vallidolid and one Mr. Palmer that he was but the same at St. Omers Then Hilsley affirm'd That he left Oates at St. Omers in April and did not come over with him and to corroborate his Testimony one Osborn affirmed that Mr. Hilsley told him so about the latter end of April Then one Mr. Gregson at whose House Dr. Oates Iodged appeared only to testify to the Poverty of Oates and that he had nothing but what the Jesuits allowed him Then Mr. Littcot testified that he knew nothing of the Divorce but the Court refused to hear such Evidence as not being to the Purpose Then the Records were produced against Dangerfield of his being burnt in the Hand Outlawed for Felony and twice Pilloryed for putting away false Guineys and a gilt Shilling Then Mrs. Cellier testified that Dangerfield told her of the Prisoner's Anger this time 12 month which Dangerfield said was in August last and that she would have sent him with a Letter but he refused to go near his Lordship And Bennet Dowdal said That Dangerfield told him in June of the Prisoner's Anger and that it was because he went to the Tower and his Lordships Name unknown to him The Lady Powis affirmed also That she never sent a Letter by Dangerfield nor never read one to him in her Life and Mrs. Cellier affirm'd the same Sir Richard Barker then deposed of his seeing Oates in June and that his Servants told him they saw him in May 78 Then one Turner deposed That he saw Dangerfield with the Prisoner as he believes in July And one Woodman deposed that carried a Letter from Mrs. Cellier to the Prisoner and brought back 30 s. or 3 l. but for whom he knows not Then the Prisoner would have cleared his Reputation about instructing the Youths but the Court judg'd it needless Therefore Mr. Attorney General summ'd briefly up the Evidence and the Ld. Ch. Justice did the same both taking Notice of the Exceptions made against Dangerfield's Evidence leaving it to the Jury whether he ought to be believed or no and if not that then there would be but one Credible witness After which the Jury withdrawing for a while brought in their Verdict Not Guilty The Trial of John Giles Gent. at the Sessions-House in the Old-Baily on Wednesday July 14. 1680. THE Prisoner then and there appeared having been before Arraigned and pleaded not Guilty to an Indictment for a Barbarous and Inhumane Attempt to Assassinate and Murther John Arnold Esq one of his Majesty's Justices of Peace for the County of Monmouth and now a Member of the Honourable House of Commons The Jury sworn were Christopher Plucknet William Dodd Anthony Nurse John Burton Nathan Goodwin George VVood. James Partridge Laurance VVood. John Bradshaw VVilliam Withers Edward Proby Richard Bromfield To whom the Indictment being read Mr. Gibbs Mr. Holt and Mr. Thompson being of Counsel in this Cause for the King opened the same After which Mr. Arnold himself was sworn and deposed That upon April 15. being Thursday in Easter-Week last he was with some Company at the Devil-Tavern till 10 or past and recollecting he had Business with Mr. Phillip's a Counsellor at Law in Bell-yard that Night he left his Company and his own Servants being out of the way he went to the Room where several of his Neighbour's Servants were and called to some of them to go with him but it happen'd he went away without them And as he went cross Fleet-street he saw two Men in Campaign-Cloaks follow him whom he thought to be Servants belonging to some of his Company who had followed him on his calling But as he went into Bell-yard one of them got before him and turned and looked earnestly in his Face whom passing by when a Woman stood in a Door about the middle of Bell-yard with a Candle in her hand he saw to be this Prisoner at the Bar to whom when his Companion came up he heard them laugh aloud He took no Notice but went on and at the Kennel at the end of Jackanapes-Lane he looking down to find the Kennel a Cloak was thrown over his Head and then he found very rough Hands about his Shoulders and they can him into Jackanapes-Lane just cross the Lane against the opposite Wall and run his Head so hard that he thinks they broke it and then struck him and at the second blow he fell running him through his side into the Belly Then recovering he made what
the third at Charing-cross and in every place some Parcels of her Books to be burnt by the Common Hangman before her Face and a Paper of the cause to be upon the Pillory and she to find Sureties for her good Behaviour during Life The Trials of Thomas Thwing and Mary Pressicks at the Assizes at York on Thursday July the 29th 1680. THen and there the Prisoners appeared having been arraigned and pleaded Not Guilty to an Indictment of High-Treason for conspiring the Death of the King and Subversion of the Government The Jury after 25 challenged by Thwing sworn were Sir George Cook Bar. Thomas Worsley Esq William Caley Esq Roger Lee Gent. John Dixon Gent. George Wray Gent. Henry Pinckney Gent. John Blackston Gent. William Hardcastle Gent. Nicholas Stone Gent. George VVesterby Gent. Charles Tucker Gent. To these the Indictment was read and afterwards opened and the Treasons therein aggravated by the King's Counsel Then Mr. Robert Bolron being sworn deposed that in 1674. he came to live with Sir Thomas Gascoyne and was Steward of his Colepits and in 1675. he turned Papist and about January 1676. Mr. Thwing Father Rushton and several others came to his House at Shippon and did there examine him how he stood affected to the Roman Catholick Religion and whether he was resolved to venture his Life and Estate in it if there were any occasion to which he agreed and resoved to obey his Ghostly Father in all things and Father Rushton his Confessor gave him the Oath of Secresy That in 1677. there was a Consult at Barnborow-Hall Sir Thomas Gascoyne's House in the old Dining-Room Sir Miles Stapleton Sir Thomas Gascoyne the Lady Tempest Thwing Rushton and others being present wherein it was agreed that the King should be killed and Thwing said that if they mist this opportunity of doing it they should never have the like again and the effecting of it would be very beneficial to the Church of Rome And in hopes this would succeed they agreed they would erect a Nunnery at Dolebank but their real Intention was to have it at Heworth within a Mile of York after the King was killed and to avoid Suspicion the Lady Tempest promised them Broughton for the present and Thwing was to be Confessor of the Nunnery for the present That he paid 10 l. to Rushton in Thwing's presence towards killing the King and saw a List in Rushton and Thwing's Hands of Money raised for that purpose He paid 5 l. also to have his Soul prayed for And Thwing told him afterwards that in Yorkshire Lancashire and Derbyshire 30000 l. was raised for the killing of the King and that the List was sent beyond Sea Against Mrs. Pressicks he deposed That in 1678. she told him that she being in London did hear a Woman cry after her Stop the Papist stop the Plotter but she got away and afterwards durst not appear publickly That discoursing with her about the Plot she said Father Harcourt was her Confessor and first engaged her in it and that Pickering told her he was to have killed the King saying she was sorry he did not and that Oates and Bedloe were two Rogues had it not been for them the Plot had not been discovered Telling him the Gun which was to have shot the King was found with Pickering which she believed was the cause of his Death And that she said the King was an Asse and not fit to govern that what Mony the Parliament gave him he spent on Whores and Concubines Then Mr. Lawrence Mowbray deposed That about Michaelmas 1676. there was an Assembly of divers Priests in Rushton's Chamber at Barnborow-hall whereat he was admitted he being one that waited upon Rushton at the Altar and having took the Oath of Secrecy from him and Thwing was there he and Rushton manag'd the Conference wherein they declared the King was an Heretick and excommunicated by the Pope and that he should be killed because he had broke his Promise made to the Jesuits when he was beyond Sea and that it was not only lawful but meritorious to kill him That there was a List of those engaged in the design That he did not accuse Mr. Thwing till his 2d Examination before Justice VVarcup and that he knew nothing against Mrs. Pressicks Then Mrs. Bolron deposed the same against Mrs. Pressicks of what she had said at Mr. Bolron's House as before adding that she said there would never be quiet in England till the Papists had got the upper hand and not left a Protestant and she hoped an Army of Catholicks would be raised to set up Popery Mrs. Bolron jun. deposed the same being then also present One John Hutchinson was present too and deposed the same adding that she said likewise that we should never be quiet till the D. of York was made King Then Thwing urged in his defence that all this was only out of Malice to Sir Thomas Gascoyne's Family to which he was related and called Witnesses Nathaniel VVilson said that about last Michaelmas Mr. Bolron asked him if he could tell any thing of Father Rushton and he told him no then he bid him keep his Secrets and he would give him more than he could earn in seven Years but that unless he could shed the Blood of some of them he should get nothing Then Mr. Lowther the Justice who took Mr. Bolron's Examination the 24th or 25th of June 1679. testified that he did not then mention Thwing Obediah Moor said that about last Candlemas was 12 Months Mr. Bolron told him that Sir Tho. Gascoyne nor none of his Family were concerned in the Plot and that he believed there was no Plot. But in August after he told him he had but equivocated with him in what he said before and that there was a real Plot and if he had sworn a thousand Lies he could have been forgiven them Stephen Tompson testified that Bolron was arrested by Sir Tho. Gascoyne for Debt to whom he was bound with him When the Plot came out he asked Bolron if Sir Thomas was concerned he said no he was as innocent as the Child unborn but afterwards he said if Sir Thomas did sue him he would do him a greater Mischief and that while he intreated Sir Thomas's Forbearance for three Weeks Bolron came up to London and swore Treason against him and as to Mrs. Pressicks Bolron's Grandmother told him she could say nothing against her but Bolron said she must say so and so Then Zachary Thorpe testified that he meeting Bolron in Long-Acre before the last Assizes he told him Sir Tho. Gascoyne was cleared but swore the Jury were Rogues And that he was now going down to the Assizes at York against the Lady Tempest and swore he would ruin them if one thing would not do another should do it And that Bolron would have had him been evidence against Shipton last Assizes But Mr. Justice Dolben knowing this Witness thought his Testimony very improbable William Hardwick
herein till he had been in France in 1677 and there seeing the slavery of the French People he thought it were better the Devil should reign over them than the French-Man Edmond Murfey hesitated much in giving his Evidence tho he had given it in the fullest of any to the Grand Jury but afterwards he ran away and was found at the Spanish Ambassadors though he owned that the Prisoner was to get 60 or 70000 l. for the establishing Popery But because he fenced in his Evidence the King's Counsel desired he might be committed which was done accordingly John Mac-Legh a Parish Priest in the County of Monagham in Ireland deposed That the Prisoner had received several Sums of Mony there and he had raised and paid him some for Arms and Ammunition for the Papists That he was at Vicar Bradey's House when Bishop Tyrrill came thither And that in France he had seen the Conditions upon which the Prisoner was made Primate which was to raise Men to join with the French to destroy the Protestant Religion John Moyer a Regular Priest and Begging Frier deposed That in 1672 he met with a Letter of the Prisoners in Caprennica directed to the Secretary of the Colledg De Propaganda Fide which he opened and copied producing the Copy wherein was said That 't was more proper for the Catholick Princes to agree together to extirpate Heresy than to vary among themselves that now was the time for there were 60000 Men ready to rise upon such an Invasion That in 1674 when he came into Ireland he told the Prisoner of this Letter and that he had seen it who thereupon pray'd him to be secret for what he did was not for his own Good but for the publick Good of the Catholicks who proffered him high Promotions if he would further the Design That he was at a Consult afterwards where the Primate Bishop Tyrrel and others were where they concluded to send Capt. Con O-Neale to France and Barcellona with certain Instruments wherewith the Captain shortly went and the two Bishops undertook to view Munster and Vlster and that this was in 1676. To all this the Prisoner only protested his Innocency complaining that his Witnesses and some Records he had not had time to procure and that the Jury were Strangers to him and the Witnesses and that by being brought out of his Country his Life was in danger where these Witnesses would not have been believed against him Then Mr. Sollicitor General and Serj. Jefferies having summ'd up the Evidence and the Lord Chief Justice giving the Charge the Jury withdrew for a quarter of an Hour and then brought the Prisoner in Guilty And on Wednesday June 15. after the Prisoner had pleaded the same things over again and informed the Court that now his Witnesses were come as far as Coventry being shew'd the insufficiency of such a Plea after so long time the Court had given him before his Trial the Lord Chief Justice sentenc'd him to be Drawn Hang'd and Quartered Which accordingly was execcuted upon him together with Fitz-Harris at Tyburn on Friday July 1. following The Trial of Sir Miles Stapleton at the Assizes at York on Monday July the 18th 1681. THen and there the Prisoner appearing having been arraigned and pleaded Not Guilty to Indictment of High Treason for conspiring the Death of the King and Subversion of the Government and Protestant Religion after several challenged on both sides the Jury sworn were Sir Barrington Boucher Kt. Sir John Jennings Kt. Richard Hutton Esq VVelbrough Norton Esq Tobias Hodgson Esq John Beverly Esq Anth. Frankland Esq John Adams Esq Francis Battery Esq Francis Fuldgam Esq Humphry Brooke Esq Thomas Lee Esq To whom the Indictment being read and then opened by Sir Thomas Stringer of Counsel for the King in this Cause the King's Witnesses were Mr. John Smith who being sworn told what he knew of the Plot in general much like what he related at the Trial of my Ld. Stafford to which the Reader is referred As to what he knew of the Plot in Yorkshire was that while he lived with Mr. Jennison Mr. Thwing the Priest who had suffered as a Conspirator much perswaded him to intreat Mr. Jennison to send his Daughters to Dolebank where a Nunnery was to be erected and he knew several that were there That he told him Sir Miles Stapleton was very zealous for promoting Popery and had contributed largely to it and was engaged with several others for making a Founder for Dolebank Then Mr. Robert Bolron deposed his Knowledg of the Plot just as he had done before at Thwing's Trial charging the Prisoner to have been at that Consult at Barnborow-hall in 1677 and thereat promised to give 200 l. towards the killing of the King It being then resolved to be done and Pickering mentioned to do it and it was said that if the D. of York did not please they would serve him as they would serve his Brother That one Sherborn told him that Sir Miles was to be a Privy-Councellour and that they would procure the Dukes consent to it That he was also at a Consult at Barnborow June the 13th 1678. and there it was agreed upon taking of Hull the letting in of the French there discoursing that the Ld. Bellasis had caused the Block-Houses to be almost ruin'd that the French might more easily come in and they had all Pardons for their Sins and that he had seen a collusive Conveyance of the Prisoner's Estate Then Mr. Lawrence Mowbray deposed that Sir Miles was at the Consult in 1676 at Rushton's Chamber where Rushton gave him the Oath of Secrecy and he promised to be true to the Design and would venture his Life and Estate for the promoting of so good a Cause Then Mr. Bayns was sworn who only depos'd that he had seen Sir Miles at several meetings at Barnborough-hall but knew nothing of what was discoursed thereat Then Sir Miles Stapleton began his Defence protesting his Innocency and having cross examin'd only Bolron he called Mr. Lowther to prove he did not accuse him when he was examin'd by him Yea Mr. Lowther said he told him that he knew nothing against Sir Miles but believed he was clear But afterwards he told him that Mowbray could accuse him and of what which Bolron denied both Then Sir Thomas Yarbrough testified that Bolron told him also Aug. 10 1679. that he knew nothing of Sir Miles's being concern'd in the Plot but believed him to be a very honest Gentleman only he knew he had made a collusive Conveyance of his Estate as most Papists he believed had done for Security Bolron denied this and deposed that he accused Sir Miles to the Council not in his first but second Information which was after the 10th of August The Lady Yarbrough then gave in the same Testimony with her Husband Mr. Normanton testified that in June 1679. Bolron told him that Sir Tho. Gascoyne would give 1000 l. for killing the King and the
Lady Tempest would have hang'd him for breaking a Trunk but now he would be even with her and that Sir Miles Stapleton kept Priests in his House but he would apprehend them presently for he might have 20 l. apiece for taking of them Richard Pears Sir Miles's Man testified that three or four days after his Master was taken into Custody Bolron asked him if they did not blame him for accusing his Master and he saying he did not hear him named said he it was not him but I must not tell who it is and said he would have gone to have seen Sir Miles but I think said he he does not know me Then one Stephen Tompson declared some threatning Words of Bolrons against Sir Thomas Gascoyne that he would do him some ill turn but it not concerning the Prisoner the Court would not admit it The Lady Vavasor said she believed her Husband was not at Barnborow in any part of the Year because he was infirm at York Bolron having sworn that Sir VValter Vavasor was one at that Consult but this was not judg'd a conclusive Evidence Then Mr. Leggat said that he had heard Bolron say he knew nothing against Sir Miles Stapleton And Mrs. Elizabeth Holmes said that Bolron meeting her in London said he heard she was to be a Witness against him at York but if she would be kind to him he would be so to her and speak as favourably as he could and he said if he had known he should have been no better rewarded he would never have been a Witness the Devil should have been a Witness as soon as he Then Edward Cooper told what he heard Mowbray say as before in Thwing's Trial but the Court observed that being before his Discovery and while he was a Papist and on the High-way it could not be material Then Madam Sherborn testified that Bolron and Mowbray came to her house under a pretence to search for Priests and Bolron took away several parcels of Silver with him But the Court would not suffer such Evidence besides that Mowbray deposed it was only Chalices and other Popish Trinkets After this the Counsel for the King called one Dixon who swore that he had 40 s. proffer'd him to be a Witness for Sir Tho. Gascoyne in Novemb. 1679. Then Mr. VVilson deposed that Mr. Babbington Sollicitor for Sir Miles would have given him 10 l. and Hickeringil proffer'd him 10 l. to have been a Witness for Sir Miles Then Christopher Langley deposed also that VVil. Batley and John Ross proffer'd him two Oxen and ten Sheep to witness for Sir Miles those things they should direct him Richard Corker deposed that he was by and heard that very proffer made to Langley Then Mr. Baines deposed that Mrs. Holmes proffer'd him 60 l. per annum and Mrs. Hewit said she would give him more if he would say nothing against Sir Miles After this Mr. Justice Dolben summ'd up the Evidence and Baron Gregory proceeded to do the same and then the Jury withdrew for half an hour and gave in their Verdict Not Guilty The Trial of George Busby Priest at the Assizes at Derby on Monday July 25 1681. HE then and there appeared and having been Arraigned he now refused to plead in stead thereof presenting a Petition to the Court shewing that he was committed to the Goal in March last for being a Popish Priest and that having obtained his Habeas Corpus to be removed to London the Under-Sheriff then dying the Habeas Corbus was not executed Praying therefore that he may be removed to the King's-Bench that he may have time to make his Defence he depending upon his Habeas Corpus his most material Evidence to clear him and to prove his being an Alien being then in London c. But the Grand Jury having found the Bill the Court told him they must proceed and he was then Indicted as a Romish Priest and Jesuit upon the Statute of 27 Eliz. cap. 2. To which Indictment he excepted because it was not said therein that he took Orders beyond Sea But he was inform'd that his taking Orders any where from the Authority of the Bishop of Rome was Sufficient He then pleaded not Guilty and challenged of the Jury near the Number allowed by the Law Those Sworn were Samuel Ward Gent. Thomas Wilson Gent. John Steer John Ratcliff Ed. Wolmesly Gent. William Horn Gent. George Tricket Gent. Jeremiah Ward John Roper John Creswel Gent. Edmund Woodhead and Anthony Bowne To whom the Indictment being read Mr. Bridges of Counsel for the King in this Cause opened the same and Mr. Coombes another of the King's Counsel opened the Evidence And then Mr. Gilbert a Justice of Peace for the County of Derby was called and Sworn who deposed that he lived within 2 Miles of Mr. Powtrells house at West-Hallam where Busby was took and whose Wife was Busby's Neece and had heard for 6 or 7 Years that he was a Priest and when the Plot broke out that he was a Person concern'd as appeared by a Warrant from the Lords of the Council for his Apprehension which he received March 22 1678. which he producing was read in the Court and on the Monday following searched Mr. Powtrells House for him but could not find him tho afterwards he was informed that he was then in the House In 1679 Mr. Powtrel travelling it was reported Busby was gone with him beyond Sea tho he still remained in that House and last Christmas he was informed that he was seen in Corn-Harvest walking in the Garden with one Anne Smally a Widow which caus'd him to search again for him in March last when this Smally assured him he had been out of England two Years yet he then found in Busby's Chamber Popish Vestments a Surplice Wafers an Altar-stone c. but could not find him About a fortnight after he searched again for him surprizing them at one in the Night but could have no admittance till they broke open the door and going into Busby's Chamber he found the fire had been lately extinguished and the Bed-Clothes laid in confused heaps on the bed some part of them warm and some cold but the feather-bed quite cold till feeling underneath he found it warm and that it had been turned which assured him that the Priest was in the House but the Persons in the house denied it and only jeered them for searching for a Person that was beyond Sea and those that were without tho they heard a trampling and directed the Searchers within to the place yet they were from one till after 10 next Morning before they could find him Which at last they did in a little hole under the Tiling whence they carried him to Derby and Mr. Gilbert having took his Examination committed him to Goal on March 16th and sent Word to the King and Council of what he had done The Prisoner then pleaded his being an Alien born at Brussels his Father removing his Family thither during the Troubles
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
drinking with Haynes who fell very foul against the Grand Jury because they had not found that Bill and he said my Lord Shaftsbury was a little Toad but that he would do his Business very suddenly Then he railed upon the Parliament and said they were a Company of Rogues they would give the King no Mony but that he would help him to Mony enough out of the Phanaticks Estates And said that they would damn their Souls to the Devil before the Catholick Cause should sink And that on Munday last meeting with Haynes again at Vxbridge at the Crown in discourse he heard him say that Sheriff Bethel's Estate should be the King 's e're long To invalidate this Testimony Haynes deny'd that ever he saw Lun before he saw him at Vxbridge which was sworn also by Mr. White the King's Messenger who was by and whose Prisoner Mr. Lun had been two Years affirming that Lun ask'd him who Haynes was and that he heard no such words spoken after which Serj. Jefferies bespatter'd him with some of his Reflections Next Mr. Jeremiah Broadgate was call'd who said That drinking with Mr. Turbervile he told him how the King's Evidence were villified and looked upon as poor inconsiderable Fellows and that he had had very great Offers from the Court if he would disown the Popish Plot and go upon the contrary Side Which Evidence also was rejected as nothing to the purpose Then Mr. John Zeal was called who because he could say nothing but what he had heard Mr. Ivy tell him was set aside And Mr. Ivy was called who confessing that he had given Evidence against the Prisoner the Prisoner concluded he could be no good one for him Therefore Mr. William Lewes was called who declared he knew nothing of any of the Evidence as to the Prisoner that he could only say something of Mr. Ivy as to a Presbyterian Plot and my Lord Shaftsbury And therefore Dr. Oates was next called who produced a Petition to the Common-Council subscribed by Edward Turbervile John Macnamarra c. wherein they set out how they had been tempted to unsay what they had said against the Papists And declared he charging Turbervile as if he was to be a Witness at the Old Baily against Colledge Mr. Turbervile said He would break any ones head that should say so against him for he neither was a Witness nor could give any Evidence against him Of which telling him after he had been at Oxford he confessed he had been sworn against Colledge before the Grand Jury For said he the Protestant-Citizens have deserted us and God damn him he would not starve This Turbervile then flatly denied upon his Oath and the Doctor affirmed upon the Word of a Priest As for Mr. Smith the Doctor affirmed That upon some provoking words between him and Mr. Colledge at Richard's Coffee-House he heard him swear God Damn him he would have Colledge 's Blood For which Dr. Oates reproving him as unbecoming words for a Minister of the Gospel his reply was God damn the Gospel This Smith also denied As for Mr. Dugdale the Doctor said that he had declared to him upon the report of his being an Evidence against my Lord Shaftsbury and several Protestants that he knew nothing against any Protestant in England Afterwards the Doctor telling him he fear'd he had gone against his Conscience he was sure against what he had declared to him Said he It was all long of Col. Warcup for I could get no Mony else and said that the Colonel did promise he should have a place at the Custom-house This Dugdale deny'd So the Court took notice to the Jury of these three Mens Oaths against the Doctor 's bare Word Which Mr. Colledge complain'd of as not fair dealing And that if he could witness for himself he could discover more than this that Dugdale had said to him alone how that he was forced to keep Company with Warcup or he must starve and to stay for his Mony from the Attorney General because there was new Work to be done such as his Conscience would not serve him to do that there was more Roguery that they would never have done plotting and counter-plotting but that they would make a thousand Plots if they could to destroy the real One But this he could not prove because it was to him alone he said it The Prisoner call'd then Mr. Alexander Blake who said that Mr. Smith told him one Morning That one Haynes was under Examination and had discovered very material things against some great Persons which some time after he told was a Sham-Plot a Meal-tub Plot. Then Mr. Samuel Smith was call'd who own'd his acquaintance with Smith and that he had heard him say he believed a Popish Plot but not any Protestant Plot and that though he denied not but that he had sworn against Mr. Colledge he did not believe what Colledge had said for he did not believe it himself Then Mr. Thomas Gardner being call'd testified the same Smith repeating it in his Company with Mr. Samuel Smith at the Rummer in Queen's-street And withal that two or three of the Jury-men that acquitted Mr. Colledge were Rascals and Villains And says he they talk as if I intended to sham the Popish Plot and make a Protestant Plot which said he I vow to God and I will justify it before God and all the World that I know of no Protestant Plot nor is there any Protestant concerned in a Plot to my knowledg but this Colledge and upon his Trial I believe he will be made appear to be more a Papist than a Protestant Then the Prisoner call'd for Dr. Oates again to give an Account to the Court what treasonable Words he heard spoke at Alderman Wilcox's Treat at the Crown-Tavern without Temple-Bar Who appearing again did affirm That the Discourse between the Coffee-House and the Tavern was between Mr. Colledge and him and not at all with Smith who either went before or followed them and that when he heard Smith swear at the Old-Baily that it was with him he did really in his Conscience look upon him as forsworn in that Particular That at the Tavern the Discourse was between him and one Mr. Savage who had been formerly a Romish Priest concerning the Existence of God and Immortality of the Soul That Colledge and Smith had no Discourse at all together in his hearing and that immediatly after Dinner Smith went his way Then Mr. Thomas Smith a Lawyer was call'd who said That he was at Dinner but heard no treasonable Words spoke most of the Discourse being between Dr. Oates and Mr. Savage and that if there had been any such words spoke he must needs have heard them the Room being small and for that Reason that they could not divide themselves into Cabals as Smith had deposed but that Colledge was asleep most of the time And as to Arms he knew that Mr. Colledge used to ride with Pistols having borrowed his Horse and had
should be any Disturbance for they valued their Riches more than their Cause And at Oxford that he heard my Lord say again He wondred the People of England should stickle so much about Religion if he were to choose a Religion he would have one that should comply with what was apt to carry on their Cause Mr. John Smith deposed That he had often both in publick and private heard the Lord Shaftsbury speak very irreverently and slightly of the King saying He was a weak Man an inconstant Man of no firm or settled Resolution easily led by the Nose as his Father was before him by a Popish Queen which was the Ruin of his Father And that the King should declare That the Earl of Shaftsbury was not satisfied to be an ill Man himself but got over the E. of Essex too And that he was the chief promoter of the Rebellion in Scotland which when it was told him that he should send back word to the King That he was glad that the King saw not his own Danger But if he were to raise a Rebellion he could raise another-guess Rebellion than was that in Scotland One time particularly being sent for to the Lord Shaftsburies expressing his jealousy of the Irish Witnesses being drawn over to the Court-Party and retracting what they had said he order'd him to persuade them from going nigh that Rogue Fitz-Gerald maintain'd by the King and Court-Party to stifle the Plot in Ireland Saying also That when he was in the Tower he told some he saw Popery coming in and that it was hard to prevent it And that if the King were not as well satisfied with the coming in of Popery as ever the D. of York was the D. would not be so much concern'd about it as he was Afterwards having executed my Lord's Order one Mr. Bernard Dennis gave in an Information before Sir Patience Ward Lord-Mayor against Fitz-Gerald that he had tamper'd with him to forswear all he had sworn before the Copy of which Information he brought to the Lord Shaftsbury who when he had read it was very well pleased with it and said Mr. Smith don't you see the Villany of that Man and that factious Party and that the King runs the same steps as his Father did before him for that nothing of this Nature could otherwise be done I says he these are the very Steps that his Father followed when he was led by his Popish Queen and the poor Man doth not see his Danger Another time before the Parliament went to Oxford in discourse my Lord was saying to him That there was great Preparations made and a great many gathered together upon the Road between London and Oxford which he said was to terrify the Parliament to comply with the King's Desire which he was sure they never would for that the King aimed to bring in Popery But said he we have this Advantage of him if he offer any Violence to us for we expect it that we have the Nation for us and we may lawfully oppose him for it has been done in former Times and he will meet with a very strong Opposition for all that come out of the Country shall be well Hors'd and well Arm'd and so we shall be all and as old as he was that he would be one that would oppose to his Power and die before he would ever bring in Popery or any thing of that Nature Then Mr. Brian Haines deposed That he had often heard the Lord Shaftsbury vilify the King And that he and Mr. Ivey going to him one day about the Narrative he made of Sir Edmondbury Godfrey's Death he desired him not to expose his Person to the King's Anger because he was sure he would never grant a Pardon to any Man that impeached the Earl of Danby Says he Do not fear if he does not grant you a Pardon he makes himself the Author of the Plot and says he the Earl of Essex the Lord Maxfield and I we do all resolve if you 'l put in a Writing we will go to the King and beg a Pardon of him for you which if he does not grant we will raise the whole Kingdom against him for he must not expect to live peaceably in his Throne it he doth not grant it and this is the best Pretence we can have in the World we are prepar'd to raise Arms against him And after having heard a Pardon could not be had being begg'd for by the two Mr. Godfries he praying my Lord for a little Mony to help him to go beyond-Sea because he was sure he could not be safe in England My Lord told him the King durst as well be hang'd as meddle with him And one Day he being in Conference and giving my Lord an exact Account of Transactions having been a Traveller he asked my Lord What Model of Government was designed if they pulled the King down Says he Do you think there are no Families in England that have as much pretence to the Crown as any of the Stewarts Says he There is the Duke of Bucks that is descended of the Family of the Plantagenets one of the Edwards by his Mother and in her Right he should have the Barony of Ross and has as good a Title to the Crown of England as ever any Stewart had Then John Macnamarra being sworn deposed That he being with the Lord Shaftsbury after his return from the Parliament at Oxford concerning some Provision for the Witnesses he heard him express himself That the King was Popishly Affected and did adhere to Popery taking the same Methods that his Father before him took which brought his Father's Head to the Block and that they would also bring his thither and that he had told some Persons of Quality that this would fall out five Years before And at the same time that he said the King was a Faithless Man and no Credit was to be given to him and that the Dutchess of Mazarine was of his Cabinet-Council who was the worst Woman-kind And that he deserved to be deposed as much as ever King Richard the Second did Then Dennis Macnamarra deposed That he also heard the Lord Shaftsbury say in March or April in his own House Mr. Ivey being present That the King was not to be believe there was no Belief in him and he ought to be deposed as well a King Richard the Second and that the Dutchess of Mazarine was of his Cabinet-Council and he nothing but by her Consent Then Mr. Edward Ivey deposed That being at my Lord's House soon after the Parliament was dissolved at Oxford he heard him speak against the King saying He was an unjust Man and unfit to Reign and he wondred her did not take Example by his Father before him and that he was a Papist in his Heart and intended to introduce Popery And afterwards being with him with Hains he bid Hains to put what he had to say about the Death of Sir Edmondbury Godfrey into writing
Then Mr. Spekes Servant was sworn who related the surprize of his sudden Journey but that Mr. Braddon having got another to go with him he came back to his Master again Then the Ld. Ch. Justice asked the Defandants what they had more to say Mr. Braddon refused to say any thing Mr. Speke urged his Innocency of conspiring with Mr. Braddon that his being concerned was but accidental and a surprize to him and that what he did was neither designedly nor with any ill Design Then Mr. Braddon desired the Jury to take notice that there had been nothing proved of evil Practices used by him to perswade these Witnesses to testify a Falshood and desired them to take no ether notice of any thing that had been or should be spoken but what had been proved Then the Ld. Ch. Justice summ'd up the Evidence representing the Crime very odiously as carrying all the Venom and Baseness the greatest Inveteracy against the Government that ever any Case did that he ever met with Insinuating That because the King and the Duke were walking in the Tower that day and near that time when this unfortunate thing happened now it must be whispered as tho the King and the Duke had designed this Murder And that there was Digitus Dei in this Accident and it was enough to satisfy all the World of the Conspiracy c. After he had finish'd his long Speech full of such-like Expressions the Court arose and the Jury afterwards gave in a private Verdict which the next Morning was repeated in Court and recorded And by that Verdict they found Mr. Braddon Guilty of the whole Matter charged upon him in the Information and Mr. Speke Guilty of all but the Conspiracy to procure false Witnesses and of that they found him Not Guilty And on Monday April 21. 1684. the Defendants being brought to the Bar their Counsel moved in Arrest of Judgment but Judgment being recorded it was too late and not admitted though it was before by consent agreed for the Defendants this day to move Then after Mr. Justice Withens and the Ld. Ch. Justice had severely upbraided Mr. Braddon's Impudence because he shewed no sorrow but still protested his Innocency and having consulted about the Sentence Mr. Justice Withens pronounced it first aggravating Mr. Braddon's Crime as if he had endeavoured to make the King concern'd in the Murder and would insinuate a Sham-Plot to take away Innocent Protestant Lives telling the Court for this Offence set upon Mr. Braddon the Fine of 2000 l. and order that he find Sureties for his good Behaviour during Life and that he be committed till this be performed And for Mr. Speke whom they had considered not so Guilty they thought fit to set upon him the Fine of 1000 l. and that he find Sureties for his good Behaviour during his Life and be committed till he perform it After which they were carried away to the King's-Bench The Trial of Sir Samuel Bernardiston Bar. before the Lord Chief Justice Jefferies at Guild-Hall London on Thursday Feb. 14. 1683. THen and there the Defendant appeared for his Trial upon an Information preferred against him in Hillary Term last for a High Misdemeanour in Scandalizing and Vilifying the Evidence in the late Plot in several Letters c. To which he had pleaded Not Guilty And the Jury now sworn were Thomas Vernon Percival Gilburn Edward Bovery William Withers James Wood. Robert Masters Samuel Newton George Torriano Kenelm Smith Thomas Goddard Thomas Amy. Richard Blackburn To whom the Information being read Mr. Poultney Mr. Recorder and Mr. Herbert being of Counsel for the King in this Cause opened the same And then to prove him the Author Mr. Blathwayt was sworn who deposed That Sir Samuel Bernardiston upon Decemb. 10. last did before the King and Council own three of the Letters there in Court to be of his own hand-writing Nor did he deny but that he had publish'd and sent them Mr. Atterbury deposed That he also heard him then own three of the Letters to be written by him and that they were superscribed by one of his Servants and so ordered to be sent to the Post-house And that while he was in his house he heard him say he wondered how they were taken since they were sent to Sir Philip Skippon Then Nehemiah Osland deposed that he superscibed two of them Letters by Sir Samuel's Order as his Servant and that he wrote one of the four out of a Copy given him by his Master and writ by him to go into the Countrey and then as was usual left them in a Window to be carried to the Post-house Then the four Letters were read the first was that transcribed by Osland directed to Sir Philip Skippon Kt. at Ipswich and dated Novemb. the 29 1683. Sir The Return of the D. of Monmouth to White-hall and his being received into extraordinary favour of his Majesty hath made a strange Alteration of Affairs at Court For those that before spake of him very indecently now court cringe and creep to him His Grace complained to the King of the scandalous Misrepresentation that was made of him in the Monday's Gazet upon which the Gazetteer was called to account for it who alledged for himself that a Person of great Quality sent him in Writing the Words therein recited commanding him to put them in the Gazet. Yesterday being the last day of the Term all the Prisoners that were in the Tower upon the late Sham-Protestant-Plot were discharged upon Bail Mr. Braddon who prosecuted the Murder of the E. of Essex the Information put in against him in the Kings-Bench By Mr. Attorney for a pretended Subornation c. was not prosecuted and his Bail was discharged And the passing Sentence upon the Author of Julian the Apostate and the Printer of the late Ld. Russel's Speech was passed over with Silence Great Applications are made to his Majesty for the pardoning Mr. Sidney in the Tower which is believed will be attained and that he will be banished The Ld. Howard appears despicable in the Eyes of all Men he is under a Guard at VVhite-hall and believed he will be sent to the Tower for that the D. of M. will accuse him concerning the Testimony he thath given c. The Papists and high Tories are quite down in the Mouth their Pride is abated themselves and their Plot confounded but their Malice is not asswaged 'T is generally said the E. of Essex was murdered the brave Ld. Russel is afresh lamented The Plot is lost here except you in the Country can find it out amongst the Addressors and Abhorrers This sudden turn is an Amazement to all Men and must produce some strange Events which a little time will shew The second Letter was then read directed as the other and dated Decemb. the 1st 1683. Dear Sir I am to answer yours of the 27th and 29th past and truly I cannot but with great-Sorrow lament the loss of our good Friend honest
Cornish and Bethel got in to be Sheriffs 3. Their arresting the Lord Mayor in his Mayoralty-year and not staying till that was ended did carry Vengeance and Malice in the very face of it as if they had a mind to affront the Government in arresting and imprisoning the Kings Lieutenant in one of the highest Places both of Trust and Honour Nay and because they would be sure their Malice and Revenge should take place 4. They took the very Scoundrels of the Party to be employed in this work 5. The Consequents designed herein which was the destruction of the Government all the Magistrates being took up that had any care for it And 5. The particular Persons that were to be sued being only some of the Aldermen and not all though the Mandamus was directed to all and the Return made by the whole Court yet Cornish and his Party were not to be medled with which is another Circumstance of Malice And if it had not been for some Purpose 6. Mr. Papillon is know to be a Person that would never have been so greedy of an Office he had before declined and fined for minding rather his Counting-house than a Scarlet-Gown And therefore the Design he told them was from the beginning to the end nothing but to cause a Tumult and Confusion in the City in order to put that damned hellish Conspiracy for the destruction of the King and his Brother and every Man that was honest and loyal in Execution That therefore they were to find for the Plantiff and to give Damages according to the Malice design'd not as to Sir William Pritchard but as Lord Mayor For that the Government was infinitely concern'd in this Cafe which made it so popular a Cause The Government of the City the Honour of their Chief Magistrate and indeed the Honour of the King whose Substitute he was and that was to put a weight upon their Inquiry into the Damages of this Case telling them that their severity in this Case would deter all People from entring into Clans and Cabals to make Disturbances and affront the Government Then the Jury withdrew to consider of their Verdict and after half an hours stay returned and found for the Plaintiff and assessed Damages to 10000 l. and costs to 4 Marks The Lord Chief Justice then told the Jury that they seem'd to be Persons that had some sense upon them and consideration for the Government and had given a good Verdict and were to be greatly commended for it Aster which the Court broke up The Trial of Titus Oates at the King's-Bench Bar at Westminster before the Lord Chief Justice Jefferies on Friday and Saturday the 8th and 9th days of May 1685. THen and there the Prisoner appearing upon an Information of Perjury shewing how that he had sworn falsly to a Consult of Jesuits at the White-Horse Tavern April 24. 1678. at the Trial of Ireland Pickering and Grove To which having pleaded Not Guilty the Jury sworn were Sir William Dodson Sir Edmund Wiseman Richard Aley Thomas Fowlis Thomas Blackmore Peter Pickering Robert Beddingfield Thomas Rawlinson Roger Reeves Ambrose Isted Henry Collier Richard Howard Then Dr. Oates moved that he might have three very material Witnesses who were Prisoners in the Kings-Bench brought into the Court but the Ld. Ch. Justice told him the Law would not allow it and it would be an Escape The Information therefore was read and Mr. Philips opened it and Mr. Attorn Gen. opened the Evidence Then in order to prove the Information the Record of the Trial of Ireland was produced and read Then Mr. Foster was sworn who deposed that he was one of the Jury at Ireland's Trial and heard Dr. Oates depose about the Consult's being April 24 1678 and that he was at it and carried the Resolution from Chamber to Chamber to be signed and saw it signed c. Then Martin Hilsley Esq a Papist deposed That he came from St. Omers April 14 Old Stile where he lest Oates and saw him but the day before and that he was not at all in his Company from thence to London where he arrived April 21 having staid four or five days at Bockston-street hard by where he met Mr. Burnaly at a Relations of his That afterwards he told Mr. Osborn that he had lest Sampson Lucy by which Name Mr. Oates went as also sometimes by Titus Ambrosius at St. Omers Then Dr. Oates would have ask'd this Witness What his Employment was at St. Omers Whether his Superiors did not set him on to do this And what Inducements he had to give in an Evidence now which he had given six Years ago at Langhorn's Trial and was not believed But these the Ld. Ch. Justice called Ensnaring Questions and would suffer no Answer to them Then Mr. John Dorrel now a Papist deposed that about the 15th or 16th of April he heard one Mr. Osborn telling his Mother of one Sampson Lucy alias Oates being then a Scholar at St. Omers as a Gentleman newly come from thence had assured him Then Mr. Osborn a Papist deposed About the 27th or 28th of April Mr. Hilsley talking to him about Oates telling that he lest him in the Colledg when he came away from St. Omers and this he told afterwards to Madam Dorrel and his own Mother who was since dead Then Mr. Bournaby a Papist supposed a Jesnit who went by the Name of Blunt deposed That he met Mr. Hilsley April 18 1678 that he arrived at St Omers April 21 and saw Oates there the next day and so from day to day to June 10. but that he neither knew or heard of any Consult Then Mr. Pool alias Killingbeck a Papist of the Sodality of the Virgin Mary as was supposed being sworn deposed That he came from St. Omers April 25 and saw Mr. Oates that very Morning and left him there and saw him there the 21st and 22d of the same Month That he heard something of a Triennial Congregation but of no Consult Then Mr. Henry Thornton a Papist deposed That he had been a Student at St. Omers seven Years and came thence about two Years after Mr. Oates that he knew Oates there very well and saw him almost every day in the Colledg from Christmass 1677 to the 13th of June 1678 that in all that time he was never out of the Colledg unless a day or two at Watton in January which is not a League out of Town That he saw him particularly the day of Mr. Hilsley's departure April 14 and Mr. Bournaby's coming April 21 and again the next day April 22 at a Play which the Scholars acted That he heard of a Triennial Congregation but of no Consult Then Mr. William Conway a Papist a Student of St. Omers who went by the Name of Parry when he was a Witness at the Trial of the five Jesuits deposed That he knew Mr. Oates at St. Omers that he came in December 1677 and stirr'd not out of the Colledg except one Night
of the Season had chang'd their Opinion so that now they disbelived that which they believed before and perhaps for as little Reason as they believed him at first For he could not expect that a Man who believes without a Principle should not recant that Belief without a Reason But the Court call'd this a Reflection and spar'd him not for it The other part of his Defence consisted of his endeavouring to prove that he was here seen in London in April and May 1678. To this end Mrs. Cicilia Mayo Sir Richard Barker's House-keeper deposed That she saw Dr. Oates at her Master's House in Barbacan the latter end of Apr. or beginning of May being about a Week before Whitsontide in that Year the Plot broke out That the Coachman told her he had been there once or twice before but this was the first time she saw him he having on grey Clothes a white Hat and a short Periwig and dined there with her Lady's Sister and others Sir Richard being then sick in the Country That he came afterwards when she saw him in black Clothes a longer Periwig which was brown That she never knew the Prisoner before then but they told her who it was Then John Butler Sir Richard Barker's Coachman deposed That he also saw Mr. Oates at his Master's House the beginning of May before the Plot in a disguise having on a grey Coat and white Hat and his Hair cut short but without a Periwig enquiring for Dr. Tongue Mrs. Mayo then also looking upon him in the Court through the Window And that afterwards he came in a Cinnamon-coloured Coat and green Ribbons and a long black Periwig and that he dined there several â—â—mes Then Philip Page Sir Richard Barker's Man that used to make up his Physick for him deposed That he remembred he did see the Prisoner at his Masters in grey Clothes but he was not certain as to the time only he believes it was in May. Then Mr. Walker a Minister deposed he met the Prisoner in a Disguise between St. Martin's-Lane and Leicester-Fields not exactly remembring the Time when only he thought it about a Year and a quarter before he was first examin'd and that the Elm-Trees were then budded forth as big as an Hazle-Nut After this reflecting on the discredit the St. Omers Witnesses had once been in and of their not prosecuting of this Cause before this time he concluded his Evidence And the King's Counsel proceeded to answer his Defence producing the Records of Sir George Wakeman and Earl of Castlemaine's Trials to prove that his Evidence there was not believed which were read and Sir George Wakeman being sworn deposed what it was the Prisoner then swore against him and protested the falsity of it and his own Innocency The same also the Earl of Castlemain did in like manner And then the Lords Journals were produced where it was recorded that the Prisoner said he could accuse no Body else but those that he named and yet soon after he accused the present King and the Queen-Dowager but this upon search being not found to be a Record upon Oath it was not thought valid Evidence Therefore they proceeded to prove his Subornation of one Clay which was a Witness for the Prisoner at the Trial of the five Jesuits whom now he did not call and of Mr. Smith the School-master of Islington To this end part of Oates's Narative was read out of the Lords Journal wherein he accused this William Smith as concerned in the Plot as endeavouring to vilify the House of Commons c. And then a Certificate was read under Oates's Hand of this Smith's Honesty not three days before the Trial of the five Jesuits whence they would infer he had been tampering with him the which Smith himself being sworn was ready to have deposed but the Ld. Ch. Justice would not admit him to swear that he did forswear himself because such should never have the Countenance of ever being Witnesses again Therefore they proceeded to prove the Subornation of Clay and to this end Lawrence Davenport in whose keeping Clay was in Prison deposed that Sir William Waller and the Prisoner did hang'd for that they could prove him to be a Priest unless he would swear for Oates that he dined with him at Mr. Howards in May which he consented to so he might have his Mony restored that was taken from him saying he had been a Rogue before and did not know what he might be And this another Witness produced swore that Davenport told to him the next day in Prison Then Mr. Howard deposed That Clay was mistaken in his Testimony given at the Trials of the five Jesuits in being July and not May 1678 that he and Oates were at his House about which time there was no question of his being in England Then they read out of Oates's Narrative again wherein he had said how he return'd three or four days after the Consult of April 24 was over observing hence how his own Witnesses contradicted him who had deposed that they saw him here in London the latter end of May. And here the Counsel for the King concluding their Evidence Dr. Oates proceeded with his Defence only shewing out of the Lords Journal a Copy of their Resolve That there was a Plot and of their summoning up before them Thomas Bickley of Chichester for vilifying Dr. Oates and thereupon turning him but out of Commission objecting five things against their Evidence 1. Their Religion A Papist not being a good Witness in a Cause of Religion appealing to the Heavens Which the Ld. Ch. Justice call'd a Common-wealth appeal and bid him to be took away falling very foul upon the poor Doctor But stood in 't that 't was Law and the Lord Cooke's practice quoting Bulstrode's Reports 2d Part 155. He Objected 2. Their Education confessing themselves to be bred up in a Seminary which is against Law quoting 27o. Eliz. cap. 2. and 3. Car. 1. Cap. 2. Which also was over-ruled 3. Their Judgments in Cases of Conscience whereby they own they have Dispensations to swear Lies for the promotion of the Cause 4. It was refused at the Lord Shaftsbury's Trial to suffer the King's Evidence there to be Indicted of Perjury But all this the Ld. Ch. Justice told him was idle and nothing to the Purpose And therefore he went on to sum up his Evidence protesting the Truth of his Evidence and that he was resolved to stand by and seal it with his Blood which the Ld. Ch. Justice told him it was pitty but he should Then Mr. Sol. Gen. summ'd up the Evidence which while he was a doing Dr. Oates beg'd leave to withdraw being weak and ill with the Stone and Gout and having lien in Irons 21 weeks After him the Ld. Ch. Justice summ'd up the Evidence with all the Virulency and Gall his Wit or Malice could assist him And then the Jury withdrawing for about a quarter of an hour deliver'd in their Verdict
with being then call'd for to the Bar and discharged Upon which my Lord Delamere replied That he should pray to Almighty God to be thankful to him for his Mercy and to my Lords for their Justice and pray'd God to deliver their Lordsships and all honest Men from Wicked and Malicious Lying and False Testimony and pray'd God to bless his Majesty and that long he might Reign And I pray God added the Lord H. Steward to continue to him his Loyal Peers and all other his Loyal Subjects Then a Serjeant at Arms having made Proclamation to Dissolve the Court the Lord High Steward took the White Staff from the Usher of the Black Rod and holding it over his Head broke it in two A Narrative of all the Proceedings against Henry Lord Bishop of London in the Council-Chamber at White-Hall by the Lords Commissioners appointed by his Majesty to inspect Ecclesiastical Affairs On Wednesday Aug. 4. 1686. Present in Council Lord Chancellor Lord Bishop of Durham Lord Treasurer Lord Bishop of Rochester Lord President Lord Chief Justice Herbert UPon my Lord Bishop's then and there appearing before them according to a Summons sent unto him the Lord Chancellor Jefferies ask'd him Why he did not suspend Dr. Sharp when the King commanded and sent him express Order so to do and told him what it was for viz. for preaching Seditiously and against the Government The Bishop answered That if he had done amiss it was not a wilful Fault and that he had took the best Advice he could get and was inform'd he could not do it legally but by way of Express and hearing him That he was not provided with such a Defence as he might have been not knowing what would be laid to his Charge and therefore desired some time and a Copy of their Lordships Commission and of his Charge But his having a Copy of their Commission denied him it being already publickly abroad he desired either to read or hear it read Hereupon the Bishop and all the Company were desired to withdraw and returning within about a quarter of an hour the Chancellor told him All the Commissioners were of Opinion that his Request was not to be granted it being unreasonable But they were willing to allow him more time the Bishop therefore prayed that he might have till the beginning of the next Term but a Week vvas thought enough and so they adjourn'd only until Monday next Aug. 9. 1686. Then and there the Bishop came attended with his Nephew the Earl of Northampton his Brother-in-Law Sir John Nicholas and his Brother Sir Francis Compton c. There being present in Council the same as before The Chancellor told him they vvere now ready to hear his Reasons But the Bishop replied He vvas not so ready as he might have been because he could not light of the Commission to see it until last Night tho he imployed all his time to search for it and he had not had time since to take Advice vvhat to answer and that his Counsel vvas out of Town in vvhom he thought to confide Then vvithdrawing for a quarter of an hour the Chancellor told him They vvould not admit of any quarrelling vvith their Commission for that they were well assured of the Legality of it But asking him what Time he desired at his request they granted him a Fortnight and adjourned It vvas observed that vvhen the Bishop spake concerning the Commission Sir Thomas Clarges spake aloud saying VVell put well put my Lord speaks nothing but Truth There was also another Gentleman Sir John Lowther of Lincolnshire vvho as he vvas coming away in the Crowd said There are some who have represented me as a Papist but the contrary shall appear I will not be afraid nor ashamed to vindicate my Lord Bishop of London 's Cause before the Commissioners themselves Tuesday Aug. 24. 1686. There being present in Council the same as at first the Lord Bishop attending and being asked what he had to say after some Apology for vvhat he vvas about to say he said His Counsel tells him that their Proceedings in this Court are directly contrary to the Statute-Law and vvere there ready to plead it if their Lordships would admit them But the Chancellor told him they vvould neither hear him nor his Counsel in the Matter they being satisfied of the Legality of their Commission Then the Bishop urged that their Commission he conceived did not extend to the Crimes laid to his Charge for they were to censure Faults vvhich are committed But this that he vvas accused of vvas before the Date of their Commission The Chancellor confess'd there vvas such a Clause but that those vvere general Clauses that take in things past as vvell as future Then the Bishop protesting in his own Right to the Laws of the Realm as a Subject and the Rights and Priviledges of lie Church as a Bishop he would with their leave give them his Answer Which was accepted and the Bishop withdrew and left Dr. Sharp's Petition which Dr. Sharp carried on Sunday June 20. 1686. to Windsor and was not admitted to be read Which is as follows To the King 's most Excellent Majesty the humble Petition of John Sharp Clerk sheweth THat nothing is so afflictive to your Petitioner as his unhappiness to have incurred your Majesty's Displeasure vvhich he is so sensible of that ever since your Majesty vvas pleased to give notice of it he hath forborn all publick Exercise of his Function and still continues so to do Your Petitioner can vvith great sincerity affirm That ever since he hath been a Preacher he hath faithfully endeavoured to do the best Service he could in his Place and Station as vvell to the late King your Royal Brother as to your Majesty both by preaching and otherwise And so far he hath always been from venting any thing in the Pulpit tending to Schism or Faction or any vvay to the disturbance of your Majesty's Government that he hath upon all Occasions in his Sermons to the utmost of his Power set himself against all sorts of Doctrines and Principles that look that vvay And this he is so vvell assured of that he cannot but apprehend that his Sermons have been very much misrepresented to your Majesty But if in any Sermon of his any Words or Expressions have unwarily slipp'd from him that have been capable of such constructions as to give your Majesty cause of Offence as he solemnly professes he had no ill Intention in those Words or Expressions so he is very sorry for them and resolves for the future to be so careful in the discharge of his Duty that your Majesty shall have reason to believe him to be your most faithful Subject And therefore he earnestly prayeth that your Majesty out of your Royal Grace and Clemency vvould be pleased to lay aside the Displeasure you have conceived against your humble Petitioner and restore him to that Favour vvhich the rest of the Clergy enjoy under your