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
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
1684. was brought from thence by Habeas-Corpus to the Bar at the King's-Bench at Westminster where being Arraign'd he was told of his being Indicted and Outlaw'd and thereby Attainted for High-Treason and ask'd what he had to say why Execution should not be awarded against him upon that Attainder To which be reply'd that since he had made an Ingenuous Confession to his Majesty of all that he knew of any manner of Conspiracy against him he hoped That would render him Capable of Mercy and Pardon Upon which the Attorny-General offer'd him a Trial that if he had any thing to say he Defend himself from the Indictment but he Confessing himself Guilty of many things therein declin'd it and threw himself wholly upon the King's Mercy But the Court telling him that the King was the Dispenser of his own Mercy and that they were only to Execute his Justice gave a Rule for his Execution upon Wednesday Sevennight after there being no other Judgment to be pronounced in such Cases as the Court told the Attorny-General when he moved for it the Outlawry it self being the Judgment Which accordingly was Executed upon him on Wednesday the 30th of April 1684. at Tyburn Proceedings in the Court of King's-Bench against Sir Thomas Armstrong June 14. 1684. Sir George Jefferies being Lord Chief Justice SIR Thomas Armstrong Kt. was upon the 14th of June 1684. brought by a Writ of Habeas-Corpus from Newgate to the Bar of the Court of King's-Bench at Westminster and there Arraign'd upon an Outlawry of High-Treason for conspiring the Death of the King c. And being ask'd what he had to say for himself why Sentence should not be awarded against him upon that Attainder pleaded his being beyond-Sea at the time of the Outlawry and desired to be tried upon the Indictment Which the Court refusing to grant him he pleaded the Statute of the 6th of Edw. the 6th which gives the Person Outlaw'd a Year's time to reverse the Outlawry and desired it might be read which accordingly was done But it appearing by the Statute That the Person Outlaw'd ought to render himself to the Chief Justice of England within a Year's time Sir Thomas was told this did not concern him for he had not rendred himself but was taken and brought thither against his Will To which he answered That the Year was not then expir'd fie was there and did now render himself and pray'd Counsel might be assign'd him to argue it in Point of Law but the Court over-rul'd him in it telling him There was no such Doubt or Difficulty in the Matter as to need any such thing Upon which insisting much upon his Innocency and offering to make proof of it if he might be admitted to a Trial he produc'd Holloway's Case as a Precedent for it who had but a little before been offer'd it at the same Place but the Court told him that what had been done therein was meerly from the King's Grace and Mercy and that the King might extend the same Mercy to him also if he so pleas'd but since he had not done so and it not being their Business they must proceed to award Execution upon the Outlawry Upon which Mrs. Matthews Daughter to the Prisoner call'd out to the Court not to Murder her Father For which the Chief Justice caus'd her to be committed to the Marshal and accordingly she wishing that God Almighty's Judgments might light upon them was carried away the Chief Justice saying That he thanked God he was Clamour-proof After which the Attorn Gen. offered to shew the Reasons why the King extended that Grace to Holloway but ought not to extend it to Sir T.A. as not at all deserving any sort of Indulgence or Mercy but that having relation to the Evidence and not to the Outlawry the Court refus'd to hear any thing of it and so proceeded to give a Rule for his Execution the Friday following telling him upon his earnest pressing to have the Benefit of the Statute he had cited the he should have the Full Benefit of the Law And accordingly on Friday the 20th of June he was Executed at Tyburn Mrs. Matthews upon a Petition being before releas'd out of Custody without Fees The Trial between Sir William Pritchard Kt. and Alderman of the City of London Plaintiff and Thomas Papillon Esq Defendant in an Action upon the Case at the Sessions of Nisi Prius holden for the Court of Kings-Bench at the Guild-hall in the City of London on Thursday the 6th of November in Michaelmas Term in the 36th Year of the Reign of King Charles the Second 1684. Before Sir George Jefferies Kt. and Baronet then Lord Chief Justice of the said Court of Kings-Bench SIR William Pritchard late Lord Mayor of the City of London having in Easter Term last brought an Action upon the Case for falsly maliciously and without probable cause procured him to be arrested and imprisoned in his Mayoralty against Thomas Papillon Esq The Defendant pleaded Not Guilty and thereupon issue being joined it came this day to be tried before the Lord Chief Justice Jefferys and the Jury sworn to try this Cause were these Bartholomew Ferryman Thomas Blackmore Thomas Symonds William Whatton John Green Thomas Amy Joseph Baggs Daniel Chandler John Reynalds John Allen Joseph Caine William Withers jun. Then Mr. Munday being of Counsel for the Plaintiff opened the Case to which Mr. Attorney General added something And then Mr. Solicitor General called Mr. Keeling who being sworn deposed That on April the 24th he being sent for by a Letter from Mr. Goodenough came to Mr. Russel's a Cooks-shop in Iron-monger-lane to meet him where were 30 or 40 Persons together By whom while he was gone for a little while his Name was put into a Warrant to be a special Bailiff to arrest the Lord Mayor which he seeming unwilling to do was urged thereto for fear of displeasing the Discontented Party which he said were such as he and the Goodenoughs were of even such as would have killed the King and the Duke that being prevailed upon he went along with the Coroner Mr. Burton and Mr. Francis Goodenough to Grocers-hall where Sir William Pritchard kept his Mayoralty to whom the Coroner came up and said he had a Warrant against him and therefore pray'd him to give an Appearance at the Suit of Mr. Thomas Papillon and another at the Suit of Mr. John Dubois whereupon some Words passed between them and the Lord Mayor refusing to give any Appearance the Coroner bid us execute our Warrants upon which he came up to the Lord Mayor and touched him upon the Shoulder telling him that he did arrest him at the Suit of Thomas Papillon Esq and one Ferdinando Burley arrested him then again at the Suit of Mr. John Dubois and then the Coroner dismissing them and taking the Lord Mayor into his own Custody he went thence to Sir Henry Tulse's and arrested him also Then Sir Henry Tulse being called and sworn deposed that about
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
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
Dr. Tillotson and Dr. Lloyd and that he heard him say he had by him several Witnesses that would swear whatever he bid them and that he laid in Provisions of Fire Coals and Billets behind the Palsegrave-Head Tavern and hard by Charing-Cross to burn the City of VVestminster which he produced one Mr. Palmer to swear and that he lent him Mony as also he had Mr. Speke which was yet unpaid which proved to be 6 s. 8 d. for an Order which was for Mr. Speke's Brother aspersing them with being Eves-droppers multiplying words to little purpose His Defence therefore being Artificial as the Lord Chief Justice told him because nothing to the purpose Nay Mr. Justice VVild told him he disgrac'd his Profession by making so weak a Defence And Bedloe own'd some of the Crimes he bespattered him with as part of the Guilt for which the King had given him his Pardon and farther Depos'd That Mr. Reading was to have 100 l. a Year out of every 1000 l. a Year of Bedloe's Reward The Ld. Ch. Justice summ'd up the Evidence to which the Ld. Ch. Baron added some little and then the Jury after a short recess brought the Prisoner in Guilty And then the Court Adjourn'd for half an hour when being met again and the Prisoner at the Bar The Ld. Ch. Justice Sentenc'd him to be Fined 1000 l. to be imprisoned for the space of a whole Year and to be set in the Pillory for the space of one hour in the Palace-Yard in VVestminster On the Monday following he was Pillored accordingly the Sheriff having a particular Charge of his Person that nothing but Shame and Infamy might befal him to which he had been condemned and did deserve as well as any Man that ever was convicted The Trials of Thomas White alias Whitebread Provincial of the Jesuits in England William Harcourt pretended Rector of London John Fenwick Procurator for the Jesuits in England John Gavan alias Gawen and Anthony Turner all Jesuits and Priests At the Sessions-house in the Old-Baily on Friday June 13 1679. THen and there the Court being met and all the Judges of England present Proclamation was made of Silence and Attention whilst the King's Commission of Oyer and Terminer and of Goal-Delivery were openly read then the Prisoners being set to the Bar James Corker a Priest and Jesuit brought thither to be tried with them presented to the Court a Petition setting forth that he was absolutely surprized and unprepared for his Trial and therefore besought the Court that he might not be tried till the next Sessions To which the Court seemed inclinable enough nor did the Attorney General gain-say it upon condition that he could really make it out that he wanted Witnesses without which he could not make his Defence However it was thought fitting that he should hear the Charge that was against him read to the end he might be able to give the Court an account what Witnesses he had that might avail him in reference to his Defence against it which being done the Indictment being in general for High-Treason in conspiring the Death of the King the Subversion of the Government and Protestant Religion the former Question was put to him again and then he named one Alice Gatton now at Tunbridg as a Witness to prove that he was not in Town upon the 24th of April so that being respited till the next day the Court said nothing farther to him that Sitting Immediately after the Indictment was read VVhitebread represented to the Court that in regard he had been tried upon the 17th of December before upon the same Indictment at what time the Jury being impanell'd and the Evidence found insufficient which came in against him the Jury was discharged without a Verdict he was informed that no Man could be tried and consequently put in Jeopardy of his Life twice for the same Cause For which reason he pray'd for Counsel to direct him upon that Point in matter of Law He urged that his Life was in danger as being deliver'd over in Charge to the Jury and to make it out he alledg'd the Case of Sayer in the 31 Eliz. who having pleaded to a former Indictment for a Burglary was indicted a second time upon which it was the Opinion of the Judges that he could not be indicted twice for the same Fact He likewise desir'd a sight of the Record and that he might be informed whether or no when a Person comes upon his Trial he ought not either to be condemned or acquitted Upon the whole matter and his Motion together the Court declar'd to him that the Jury being discharg'd of him his Life was in no danger For that the Jury being sworn to make a true deliverance or the Prisoners in their Charge their Charge could not be full till the last Charge of the Court after Evidence Moreover he was told that such a Plea as he produc'd could not be supported without a Record and it was certain there was none here because there was no Verdict and besides this was not the same Indictment in regard it contain'd new matter Then Fenwick offered the same Plea his Case being the same appearing before with Whitebread upon his Trial but the Court returning the same Answer to him as to the former they both submitted and so all of them pleaded severally Not Guilty to the Indictment Then the Jury being to be impanell'd they unanimously excepted without naming them aganist all those Persons that had serv'd before as Jury-Men in the same Cause which the Court allowed them as but reason And the Jury therefore that were sworn were these twelve Thomas Harriott William Gulston Allen Garraway Richard Cheney John Roberts Thomas Cash Rainsford Waterhouse Matthew Bateman John Kain Richard White Richard Bull Thomas Cox To whom the Indictment being read Mr. Belwood of Counsel for the King in this Cause open'd the Indictment and Sir Creswel Levinz proved the Charge and then Dr. Oates was first called and being sworn he deposed That Whitebread was made Provincial the last December was twelve Month and by virtue of his Authority order'd one Conyers to preach in the English Seminary upon St. Thomas of Becket's-day that the Oaths of Allegiance and Supremacy were Heretical Antichristian and Devilish which accordingly was done That in January or February he wrote Letters to St. Omers concerning the State of Ireland of which he had an account from Arch-bishop Talbot who wrote him word that there were several thousands of Irish ready to rise when the Blow by which was meant the King's Murther should be given in England and he hoped it would not be long ere it was given That he sent over two Jesuits into Ireland in January to see how Affairs stood there of whose return he writ an account to St. Omers in April and of the Consult to be that Month at which he was and signed a Resolve at Wild-house that Pickering and Grove should go on in their design to dispatch
July 13. 1683. THen and there the Prisoner appearing he was Arraigned upon an Indictment of High-Treason for conspiring the Death of the King and subversion of the Government To which being required to plead he desired a Copy of his Indictment but being told nothing could be granted till he had pleaded he pleaded Not Guilty And then complain'd of his being arraign'd and tried at the same time desiring a Copy of his Panel having had only some Names of Persons usually upon Juries and that his Trial might be deferr'd till the Afternoon in regard he had a Witness that was not in Town But the Attorn Gen. urg'd the Jury might be called Then the Prisoner desired a Pen and Ink and some to write for him and to have the use of his Papers all which were granted And then John Martin being named the Lord Russel asked if he were a Free-holder of forty Shillings a Year saying that he thought none were allowed but such as were Free-holders To which the Court replied That no Pannel was made in London by Free-holders for that London Estates belonging either to the Nobility or Gentry that lived out of the City or to Corporations London was excepted To this his Lordship urged the Statute of 2 Hen. 5. wherein he said it was positive that in Cases of Life and Death no Man should be judged but by those that have forty Shillings a Year But the Attorn Gen. not allowing the Prisoners Exceptions his Counsel were called and again assigned him by the Court Mr. Pollexfen Mr. Holt and Mr. Ward who learnedly urged what they took to be Law in that Case and were answer'd by the Attorn Gen. Mr. Sol. Gen. Sir George Jefferies and Mr. North the King's Counsel And then it was adjudged by eight of the Judges being present viz. the Ld. Ch. Justice the Ld. Ch. Baron Mr. Justice Wyndham Mr. Justice Jones Mr. Justice Charlton Mr. Justice Levins Mr. Baron Street and Mr. Justice Withens that in case of Treason Free-hold was no good cause of Challenge The Jury-men therefore were called and after the Lord Russel hah challenged 31 of them the following Persons were sworn viz. John Martin William Rouse Jervas Seaton William Fashion Thomas Short George Toriano VVilliam Butler James Pickering Thomas Jeve Hugh Noden Robert Brough Thomas Oneby To whom the Indictment being read the same was opened by Mr. North and the Attorny-General opened the Evidence And then Col. Rumsey being sworn deposed That about the latter end of October or beginning of November the Lord Shaftsbury sent him from his Lodging by VVapping to Mr. Shepherd's to the Duke of Monmouth the Lord Russel Lord Grey Sir Thomas Armstrong and Mr. Ferguson there met to know what Resolution they were come to about the rising of Taunton Their answer was That Mr. Trenchard had failed them that he had promised 1000 foot and 300 Horse but when he came to perform it he could not He thought the People would not meddle unless they had some time to make Provision for their Families That Mr. Ferguson made this Answer the Lord Russel and the Duke of Monmouth being present and the Lord Grey saying something to the same purpose And upon this it was the Lord Shaftsbury prepared to be gone That he was with them at Shepherd's about a quarter of an hour and that there was some discourse about seizing of the Guards at the Savoy and Mews in case the Insurrection had gone on which was to have been on Novemb. 19. and that the Duke of Monmouth the Lord. Grey and Sir Thomas Armstrong undertook to view the Guards and that the Lord Russel assented to all this and the Witness was to have gone to Bristol by the order of the Earl of Shaftsbury against that time Then Mr. Shepherd deposed that in October Mr. Ferguson came to him in the Duke of Monmouth's Name to request the conveniency of his House for him and some other Persons of Quality to meet That in the Evening came the Duke of Monmouth the Lord Grey the Lord Russel Sir Thomas Armstrong Col. Rumsey and Mr. Ferguson one after another That Sir Thomas Armstrong desired they might be private and therefore what they wanted he fetch'd up himself not suffering his Servants to come up That their Discourse was about seizing the Guards and the Duke of Monmouth Lord Grey and Sir Thomas Armstrong went one time to view them and the next time they met at his House he heard Sir Thomas say the Guards were very remiss in their Places and not like Soldiers and that the thing was feasible if they had strength to do it That they met twice at his House and the Prisoner was there both times That Mr. Ferguson read a Paper in the Nature of a Declaration setting forth the Grievances of the Nation in order to a Rising He could not say the Lord Russel was present at the reading of it but Col. Rumsey was who then deny'd it saying it was over before he came Then the Lord Howard being sworn began his long Evidence with a low Voice pretending the News he had just then receiv'd of the Earl of Essex's Fate had sunk his Voice and a long Story of the Designs of the Earl of Shaftsbury an Account of which he had from Capt. VValcot whom he brought acquainted with the Earl of Shaftsbury and by whom the Earl of Shaftsbury sent for him while he absconded at one VVatson's at the end of VVoodstreet and there discover'd to him his Design of the Rising and that he had 10000 brisk Boys ready to follow him whenever he held up his Finger who were to possess themselves of the Gates and would in an Hour's time be 5 times multiplied But that his Design was much retarded by the backwardness of the Duke of Monmouth and the Lord Russel who failed him in not being ready prepared to concur with him in the Country that he then endeavour'd to shew the Earl of Shaftsbury the necessity of having those Lords concurrence in so weighty an Undertaking and proffer'd his Service to bring them to a right Understanding among themselves to this end he spoke with the Duke of Monmouth who deny'd that either he or the Lord Russel had given the Earl of Shaftsbury any incouragement to be so forward because they knew the Country could not be ready to stir so soon That a Meeting was then propos'd but afterwards put off by reason of the Earl of Shaftsbury's fears of being discover'd That the Duke of Monmouth told him that the Lord Russel had been with the Earl of Shaftsbury and preswaded him to put off his Rendezvouz for only a Fortnight against which time they would try to be ready for him But the Country not being ready that Design was disappointed That in October Captain Walcot acquainted him with the Design upon the King with which he acquainted the Duke of Monmouth who said he would never suffer it and they did all they could to prevent it This failing the
Mr. John Wright but with Patience we must submit to the Almighty who can as well raise up Instruments to do his Work as change Hearts of which we have so great an Instance in the business of the D. of Monmouth that no Age or History can parallel I am now throughly satisfied that what was printed in the Mondays Gazet is utterly false and you will see it publickly so declared shortly The King is never pleased but when he is with him hath commanded all the Privy Council to wait upon him and happy is he that hath most of his Favour His Pardon was sealed and delivered to him last VVednesday 'T is said he will be restored to be Master of the Horse and be called into the Council Table and to all his other places And 't is reported he will be made Captain General of all the Forces and Ld. High Admiral c. He treats all his old Friends that daily visit him with great Civilities they are all satisfied with his Integrity and if God spares his Life doubt not but he will be an Instrument of much good to the King and Kingdom He said publickly that he knew my Ld. Russel was as Loyal a Subjects as any in England and that his Majesty believed the same now I intend shortly to wait on him my self It would make you laugh to see how strangely our high Tories and Clergy are mortified their Countenance speak it Were my Shesorary to be moved for now it would be readily granted Sir George is grown very humble 'T is said Mr. Sidney is reprieved for 40 days which bodes well Mr. Kedder sat with me sometime this Evening There being no more in the Record The third Letter was then read which was directed for Mr. Edward Gael Linnen-Draper at Ipswich and dated Decemb. the 1st 1683. Mr. Gael This Evening Mr. Kedder came and sat with me when I acquainted him what you and others writ me in reference to himself as also of the Death of Mr. Wright which he was sorry for He protested if he could perswade his Wife he would accept of Ipswich choice notwithstanding all the Discouragement he had met with One more he acquainted me with that had seen a Letter from Mr. Cutliffe to Dr. Clegat extreamly discouraging him from coming to Ipswich where if he did come said would find himself mistaken for that would never enjoy Quietness or Peace notwithstanding his Balsamick Temper c. as he call'd it These things frights Mr. Kedder who I am now perswading so soon as he is up again to go down for a Month or two and then if he doth not like the Place and People he may return hither again This I resolve to press hard on Monday when have promised to dine with me as also Mr. Hodges Be confident I shall think nothing too much to effect this Business though one or other still pulls down as fast as I build up Here is now a door of Incouragement opened for sober Men to come into publick Employment You will undo the Town of Ipswich if you bring not sober Men into play For God's sake consider of it Perswade Mr. Snelling or some sober Men to come in their two Ports-mens places void for other matters I refer you to Sir P. The late change here in publick Affairs is so great and strange that we are like Men in a Dream can hardly believe what we see and fear we are not fit for so great a Mercy as the present Juncture seems to promise The E. of Macclesfield is bringing Actions of Scandalum Magnatum against all the Grand Jury-Men that indicted him at last Assizes And the several Gentlemen that were indicted in Cheshire and Northamptonshire will bring their several Actions at Law against them Acquaint Mr. Snelling we received the two Barrels of Oysters and two couple of Ducks and desire him to take Mony of Buckle for them I rest Yours c. The 4th Letter was directed to Mr. William Cavell at Brightwell near Ipswich in Suffolk and dated London Decemb. the 4th 1683. Only that part of it was read which was in the Record and that was this Contrary to most Mens Expectations a Warrant is signed at last for beheading Col. Sidney at Tower-hill next Friday Great Endeavours have been used to obtain his Pardon but the contrary party have carried it which munch dasheth our hopes but God still governs Acquaint Buckle here is no News of Crafton Hoy notwithstanding the Wind is fair 't is his Practice always to loiter by the wap I rest Your Loving Friend c. To this Mr. Williams of Counsel for the Defendant pleaded that the Letters had no name to them nor was there any Proof of their being published no more than that Sir Samuel did not deny the publishing of them and own'd they were sent to the Post-house winch being directed to a private Friend he left to the Judgment of the Court whether that was publishing a Libel That there was no malice proved to which the Ld. Ch. Justice replied that the thing was Evidence it self c. Then Mr. Williams observed that Records had been mention'd in the Information but not prov'd which not being in Court they were sent for and the Jury were set by the Court going oâ— in some other Causes and about an hour 〈◊〉 half after the Records were brought and tâ—â— Cause was resumed and Mr. Tindal being sworn put in the Records of the Attainder of the Ld. Russel and Col. Sidney part whereof was read and the Counsel for the Defendant having no more to say the Ld. Ch. Justice summ'd up the Evidence with great Bitterness declaring the Letters were factious seditious and malicious and as base as the worst of Mankind though he had all the Provocation that ever could be given a Man to libel another could ever have invented And that they tread very near upon the Borders of High-Treason it self Calling it Cozen-German to High-Treason c. After which the Jury laid their Heads together in the place where they stood and being presently after agreed upon their Verdict The Foreman gave it in That the Defendant was guilty of the Misdemeanour charged on him by the Information The Sentence of Court was That he should pay to the king a Fine of 10000 l. and find Sureties for his good Behaviour during Life and to be committed till the same be performed Proceedings in the Court of King's-Bench against Mr. James Hollaway April 21. 1684. JAmes Holloway of ' Bristol being fled out of England was Indicted for High-Treason for Conspiring the Death of the King and subversion of the Government c. And not appearing to Answer the Indictment was thereupon outlawed and being discovered by his Factor at Nevis to whom he had written about his Effects there was taken at St. Estatia one of the Caribbe Islands by the Deputy-Governour of St. Christophers and sent into England and there Committed to Newgate and upon Monday the 21st of April
four a Clock in the Asternoon Mr. Keeling came with two more to his house and arrested him at the Suit of Mr Papillon and another of them did the same at the Suit of Mr. Dubois telling him if he would not give Appearance he must go to the Lord Mayor who was at Skinners-hall but that they would take his word till the Morrow Morning However he immediately went to the Lord Mayor's-house and not finding him at home he went to Skinners-hall where he found him all alone and no Alderman only the Officers with him where he had been but a little while but was detained and he with him till about eleven a Clock abundance of People being gather'd together about the Door but a Company of the trained Band-Souldiers coming keptall quiet Then Mr. Wells the common Cryer was called and sworn who deposed That he being in the next room to the Hall wherein the Lord Mayor was arrested was presently sent for to my Lord who bid him send out the Officers to summon a Lieutenancy which he did and the Sword-Bearer being not just then at hand the Lord-Mayor bid him take the Sword and go along with him and so they were carry'd by the Coroner to his own house and the Lord-Mayor put up into a little Room by himself and he commanded by him to go and see for Sir James Edwards and Sir Henry Tulse and the Ld. Mayor that now is whom he found to be all arrested before he came Then Sir John Peake was sworn who deposed that upon the News of the Lord Mayor's being arrested he had order from the Lieutenancy to raise his Regiment which he did in a very little time and came with his Soldier to Skinners-Hall where he heard the Lord Mayor was and prevented any stir as it was feared there would have been Here the King's Counsel rested their Evidence till they had heard what the other said to it Whereupon Serjeant Maynard being of Counsel for the Defendant Mr. Papillon told the Jury in a very learned and excellent Speech that the Lord Mayor was as much subject to the Process of Law and Actions as any private Person in the City if he did injury or that which was not right in his Office That the Defendant did then suppose himself to have wrong done him and had therefore probable cause to bring his Action which he had done in a legal Manner against the Lord Mayor Then Mr. VVilliams insisted upon the probability of the cause of Action it being a controverted Question Whether Mr. Papillon and Mr. Dubois or Sir Dudley North and Mr. Box were chosen Sheriffs of London And some were so much dissatisfied with swearing Sir Dudley North and Mr. Rich Sheriffs as thinking them not duly Elected that they would have the Court of Kings-Bench moved for the Writ of Mandamus to swear Mr. Papillon and Mr. Dubois which Mandamus was granted to which the Mayor and Aldermen to whom it was directed made a Return that they were not Elected Sheriffs of London which Return was apprehended to be false and really to try the truth of this Return was the Action brought against the Plantiff which was the only way they had to right themselves and therefore they proceeded regularly and orderly in a decent Manner applying themselves to get an Appearance to their Action For that first they took out a Latitat against my Lord Mayor and by the Attorny gave him notice of it and desired an Appearance so that the Question in dispute might come to some determination But he was not pleased to give an Appearance to that Writ so they took out a Capias gave him notice of it and desired an Appearance but could have none whereupon they took out an alias Capias and the Coroner then told that he should be called upon to make some Return to the Writ which he acquainted the Lord Mayor with and desired again an Appearance which he refusing the Officer was constrained to arrest him and an Appearance at last was given Upon which they declared in the beginning of Hilary or Easter-Term 83. But it falling out that in Easter-Term 83 that that there was an Information for a Riot upon Midsummer-day before about this contested Election which being tried May the 10th was found to be so and the Sheriffs sworn to be duly elected thereupon being satisfied that they were mistaken they immediately discontinued their Action Then Mr. VVard of Counsel also for the Defendant spoke vindicating the Defendant from some unjust Reflections which the King's Counsel had made as if he had caused the Lord Mayor to be Arrested for the furtherance of some designed Insurrection against the King and Government and shewing the probability of the Cause then at that time though it be quite otherwise since the Question of the Right and Election being determined on the other side in the Trial about the Riot at the Election But the Ld. Ch. Justice here interrupting him would by no means allow that to be the Question then determined which raised some Words between them whereat there was a little Hiss begun which made the Ld. Ch. Justice in a great Fury ask who that Fellow was that durst hum or hiss while he sat there threatning to lay him by the heels and make an Example of him saying That indeed he knew the time when Causes were to be carried according as the Mobile hiss'd or humm'd and that he did not question but they had as good a will to it now Then he suffered the Defendants Counsel to call their Witnesses And therefore Mr Brome being call'd and swore deposed That aster he had the Writs he waited upon my Ld. Mayor praying his Appearance and gave him 9 or 10 days to consider and that the Defendants Attorny Mr. Goodenough did threaten to complain of him to the Court if he did not make a Return of the Writ And that when at last he could get no Appearance the Officers named in the Warrant by his Command did arrest him and carry him to Skinners-Hall and that soon aster he himself was taken into Custody and committed to the Compter Then after the Ld. Ch. Justice had cross'd Questions with him to have forc'd him a fall Mr. Cornish was swore who depos'd That Mr. Papillon and Mr. Dubois being at his house in came Mr. Goodenough the Attorny to receive their Orders what he should do telling them the time was almost spent and he had addressed himself from time to time to the Lord Mayor and some of the Aldermen to get them to appear but they would not They told him they had already given him Orders and desired that the matter might be brought to some Trial or issue and that he should desire an Appearance to the Action and if he would give it take it and remember my Lord Mayor is the Chief Magistrate of the City and pray'd him to carry it with all respect and regard imaginable to him The Ld. Ch. Justice then fell violently
upon Mr. Cornish questioning him about his owr and Mr. Bethel's Elections charging the Reason of his being Elected the second time to be because he had not taken the Sacrament and Corporation-Oath exposing him as an intruder into that Office to disturb the Government and as if that was it that was designed now again by this Election of the Defendant But said he do you think the Government will ever suffer it self to be sniveled at and overthrown by a Company of such whining Fellows And do you think to sham People into Offices No I tell you Villany was the Foundation of it and Knavery the Superstructure and it is high time it should be told out since I hear some People begin to doubt of it as a Question Then calling Bethel and Cornish Rascals he said they qualifi'd themselves for an Office only to put the Kingdom into a Flame and that the City was in great happiness and quiet ever since the late times of Rebellion and Confusion till such time as a couple of busy Fellows came to get into the publick Offices And let the whole Party said he go away with that in their Teeth and chew upon it if they will Then Mr. Serjeant being sworn deposed That he being present at Mr. Cornish's house when Mr. Papillon and Mr. Dubois were there he heard them give Mr. Goodenough the fame Orders about treating my Lord Mayor decently as Mr. Cornish had before deposed Then to shew the fair proceedings of the Defendant in the Action Mr. Baker was called and deposed That Mr. Aston telling him he appeared for Sir William Pritchard and had a Declaration from Mr. Papillon's Attorny he entred up a Discontinuance and paid the Costs and had Mr. Aston's receipt for them Then Mr. Ward offer'd that apprehending themselves really chosen Sheriffs they did in a due course of Law sue forth their Mandamus directed to the Plaintiff and the Aldermen and to which there was a Return made both which were then read in the Court and then Mr. Williams offer'd to shew the Reasons why they thought this Return false and thereupon brought their Action And therefore Mr. Gilbert Nelson Mr. William Wightman and Mr. Leonard Robinson were all call'd and sworn Mr. Nelson deposed that he was at the Common-Hall on Midsummer-day 1682 where there was in Nomination for Sheriffs he that is now Sir Dudley North Mr. Box Mr. Papillon and Mr. Dubois that he did see the Poll-Books after they were cast up and the greatest number was for Mr. Papillon And that upon holding up the Hands most in his Judgment were for Mr. Papillon and the Sheriffs gave it for Papillon and Dubois Mr. Wightman deposed That he then did take the Pole in one of the Books and that there were 2400 and odd for Papillon and Dubois Mr. Robinson deposed that he was then also at the Common-Hall and that by the Hands he judged the Majority was much more for Papillon and Dubois than for the other two That a Poll was demanded and granted and in the Evening after the Poll was closed the Books were numbred up and the Sheriffs came down upon the Hustings and declared above 2000 for Papillon and Dubois and some hundreds under for the other two Then here the Counsel for the Defendant declared they would leave it unless further occasion should be given them Then Mr. Attorney-General for the Plaintiff pleaded that the Defendant had not at all proved any probable Cause for his Action for that this matter contended for which was the Shrevalty an Office of Burthen Hazard and Charge could never be a good ground to bring an Action for and that he could have no Title to that Office his Election which was by the Poll being illegally managed by an usurp'd Authority and the Instruments made use of to bring about this Action such as Goodenough and the Cabal at Russel's of 30 or 40 Rioters most of them in the Proclamation proscribed as Traitors and run away from Justice upon the Discovery of the Plot speaking the worst of malice To which Mr. Sollicitor-General added that that Poll by which he supposed his right to the Office was illegal and therefore could afford him no probable Cause for an Action And to prove it so Mr. Town-Clerk was sworn who deposed that he never knew a Poll for Sheriffs till about 5 or 6 Years ago and it was between Mr. Jenks and Sir Simon Lewis and that it was by the direction of the Lord Mayor and the Sheriffs are but Officers and not the Judges and Managers of the Poll without the Lord Mayor's direction Then Serjeant Maynard did plead for the Defendant that however the listing up of 2000 hands might well make him apprehend himself as chosen and that there lay the cause of his Action and his suing for so troublesome an Office might be objected to the prudence of Mr. Papillon but could prove nothing of Malice in him And though the Attorny he made use of was a bad Man yet that did not make all his Clients bad And therefore he lest it to the Jury the Probability or Malice of the Action with the Damages the Plaintiff could possibly have sustained thereby Then Mr. Williams pleaded the doubtfulness of the Question notwithstanding what the Town-Clerk had deposed concerning the right of managing Polls and that therefore they might easily be mistaken and that they brought their Action to try the Right but afterwards conceiving they were out and had no Right they discontinued and desisted and that thus they would leave it with the Jury Then Mr. Ward remembering that Mr. Attorny General did challenge the Defendant to shew that his Action was brought by Advice of Counsel Mr. Baker was called again who deposed that it was by the Advice of Mr. Thompson Mr. Pollixfen and Mr. Wallop Then both sides having nothing more to say the Ld. Ch. Justice directed the Jury in a very long and virulent Speech shewing the improbability of the Cause of the Defendants Action from the Sheriff's having no Power to manage the Poll and the Malice of it from these Circumstances attending it As. 1. for a Man to sue to be Sheriff looks somewhat extraordinary as if he had a mind to do somewhat unusual in his Place especially when a Man has fined for the Office once before as Mr. Papillon did And it is a thing was never known till these unhappy times 2. That for several years last past the Government hath been beset and the Methods of Justice corrupted and all to serve the main Design of subverting the Government by Fellows getting into Office that were obnoxious to the Government and known Dissenters who never thought of conforming but only to capacitate themselves to destroy the Government by packing Ignoramus Juries so that Men took Oaths only to sanctify Villany and Traitors at the Bar were in less danger of being convicted of their Treasons than the Judges were of their Lives And that these things never were till
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
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