Lane and had promised great Rewards to them Then the Cause was opened by that most incomparable Person the honour of the Law old Sr John Maynard now first Lord Commissioner of the great Seal whose Ability Integrity and Desert have kept him from a Seat upon the Benches of Westminster till about the eighty eighth Year of his Age when Heaven set the Law free he spoke to this effect This Cause is of great consequence there hath been an horrid and abominable Conspiracy against the King the Nation our Religion and the Law The first discovery of this Conspiracy came from a single Person who stood single and discouraged a long time and there were endeavours to discourage his further discovery when it stood so Sr Edmundbury Godfrey having taken his Examination then the endeavour was to suppress it and that by no less a wickedness then the barbarous Murder of that honest Gentleman that being accomplished they strived to baffle and defame him when dead All this while he stood single it fell out by the mercy of God that Bedloe made a further discovery and publick Justice has gone upon it Then they attempted to corrupt his Testimony with Bribes and Rewards and Reading who transacted it is attainted of it scelere tutandum est scelus Having gone all these ways they return again to see if they can disgrace and baffle the Evidence of Otes and Bedloe by scandalizing them with foul offences especially Dr Otes and that was thus Knox tampered with Lane a Servant to Otes to accuse him of the Horrid Sin of Sodomy In order to it there were Letters wrote by Osborne who is run away but contrived by Knox. It happens in this case as it did long ago as the Historian told us multi ob stultitiam non put abant multi ob ignorantiam non videbant multi ob pravitatem non credebant et non credendo conjurationem adjuvabant To this Sr Creswell Levens the King's Attorney-General added This is a counter-part of Mr Reading 's Case only it seems in this to differ that it exceeds the Original In the proceeding upon the cause it was proved that Lane upon his first coming to Dr Otes in November 1678 had a design to accuse him as he afterward did of Sodomy a Crime above the common standard of Villanies That he declared whilst he was with the Doctor that he hoped in a short time to get 1000 l. That Lane sent for Sr William Waller that he might confess the whole Contrivance to him declaring that he was pricked in Conscience for the false Oaths he had taken That Lane and Osborne had confessed before a Committee of the House of Lords and also before Sr William Waller and Justice Warcup that they were suborned by Knox to swear falsly against Dr Otes and Mr Bedloe and that he had given them money to do it That Knox made Lane and Osborne swear Secrecy and to stand fast to the Instructions he had given them That he went to the Sugar-Loaf in Pickadilly and took Lodgings for them and lay there with them and promised them Money and Preferment and told Lane that he need not doubt but the Lords in the Tower would acknowledge their Kindness That Lane and Osborne said they were going from Dr Otes that they were sworn Brothers if the one did go the other would and they should get Preferment and have 100 l. per annum and 500 l. in Money As to Knox his endeavours to blast the Testimony of Dr Otes and Mr Bedloe it was proved That Knox endeavour'd to suborn H. Wiggins to accuse Mr Bedloe his Master That he proposed to Thurston a Servant to Dr Otes to be very kind to him if he could find any thing to Swear against his Master That Knox to invite VViggins to betray and accuse Mr Bedloe said The King knows Otes and Bedloe to be great Rogues and when he has got what he can out of them he will hang them up That when Knox Lane and Osborne were Prisoners in the Gate-house for this contrivance Knox offered the Vnder-Keeper a Reward to allow him to correspond by Letters with Lane and gave him three half Crowns desiring him to speak to Lane to stand fast to him and then they should be two against one for he fear'd Osborne had betrayed them about the business of Dr Otes That Knox and Lane and Osborne went to Justice Dewy and Knox told him he was advised to come to him to take an Information against Dr Otes and that they went to Justice Cheyney upon the same errand That Lane had been kept the last Summer at the Lord Powis his house had 10 s. per week allowed him That Knox was to have 30 or 40 l. to carry on the business and that Knox Osborne and Lane were to be rewarded by the Lords in the Tower for their evidence against Dr Otes and Mr Bedloe That Lane being taken Knox sent for Osborne and carried him in a Coach to White Fryers That the Papers relating to the Conspiracy were delivered by Knox to Dangerfield and went about to the Lords in the Tower and afterwards to Nevil alias Paine and were by him amended and then delivered to Knox again The Case appearing so very clear upon the Evidence the Jury without going from the Bar found the Defendants guilty Whereupon they received this merciful Sentence Knox the principal who is now at this day in a better station at Court than ever he was in his Life or could ever have hoped for Fined two hundred Marks to be Imprisoned a year and to be bound to the good behaviour for three years Lane fined one hundred Markâ— to stand once in the Pillory and to be Imprisoned a Year Notes upon the Tryal of John Tasborough and Ann Price for Subornation of Perjury in endeavouring to perswade Mr Stephen Dugdale to retract and deny his Evidence about the Popish Plot with an intent to stifle the further Prosecution of the same At the Kings Bench upon the third of February 1679 before Sr William Scroggs Sr Thomas Jones Sr William Dolben and Sr Francis Pemberton Judges of that Court. The Jury were Thomas Harriot Tho. Johnson Char. Vmphrerile Tho. Earsby Richard Pagget John Greene Edward Willford Richard Bull Joseph Ratclaffe Richard Cooper James Supple George Read. THe suborning attempt of Knox Lane was succeeded by another of the like nature carried on by two Popish Engines Mr Tasborough and Mrs Price which being likewise happily detected they were prosecuted as follows The Indictment was to this effect That Whitebread Harcourt and Langhorne and others were convicted and attainted for Treason and that Dugdale had been a material Evidence against them and the Defendants knowing this and contriving to stifle the evidence of those Treasons did before Harcourts Tryal suborn and endeavour to perswade Dugdale not to give evidence against him and after the Tryal solicited him to retract the Evidence he had given and promised him large Rewards
Richard Pagget John Serle John Haines Esquires The King's Counsel were Sr Creswell Levens The Attorney General Mr Ward The evidence of this practice subornation was very clear and full particularly Mr Bedloe witnessed that Reading had often treated with him about mincing his Evidence for the bringing off the Lords and Sr Henry Titchborne and gave him Money at several times and did draw up a Paper of what Bedloe should Swear and did carry it to the Lords in the Tower to be viewed and corrected by them Mr Speke testified that Bedloe had from time to time informed him how the Treaty was carried on that upon the 29 th of March 1679. Mr Speke and VViggins Bedloe's Servant being concealed in his Chamber Mr Reading came and in the first place asked whether any body could hear their discourse and being assured that he was secure and secret he told Mr Bedloe upon his demand what the Lords in the Tower said and what my Lord Stafford said that as to my Lord Stafford he should be sure of the Estate in Gloucester-shire which had been promised to be setled upon him for my Lord had ordered him to prepare a blank Deed which within ten days after his Discharge should be perfected and the rest of the Lords did assure him that after they were acquitted in proportion to the service he did them in lessening of his Evidence he should have a plentiful Reward That Bedloe did then demand to have something under their hands but Reading said that they think that not convenient but I do take their Words and you must take mine and then promised to go to the Lords in the Tower against Munday to prepare and bring him the Instructions from them for his Evidence Mr Speke added that upon the Munday morning he was to watch and see the Delivery of the Paper and did see Reading put it into Bedloe's hand in the painted-Chamber who immediately delivered it to Mr Speke This Paper was all of Mr Reading's writing and being read in Court was found to contain the purport of the Evidence to be given against the Lords and was so ordered that the whole was only hear-say and could no way touch them Wiggins agreed with Mr Speke in the Evidence given of the Transactions between Mr Bedloe and Mr Reading in Mr Bedloe's Chamber Reading coming to make his Defence offered nothing against the credit of the Witnesses but did in effect confess all they had testified and the whole matter charged in the Indictment and in truth he was the greatest witness against himself as was well observed after he was found guilty by the Right Honourable Sr Robert Atkyns then one of the Judges of the Common-Pleas but soon after thrust out for non-Compliance with Sr Francis North then Chief Justice and is now most deservedly Lord Chief Baron of the Exchequer and Speaker of the House of Lords The Jury having brought him in guilty he was fined 1000 l. adjudged to a years Imprisonment and to be set in the Pillory upon the munday following for the space of one hour in the Palace-Yard in VVestminster When the late King James ascended the Throne he was a particular Favourite and his Suffering in this matter was well rewarded It may not seem impertinent to present the Reader upon this occasion with so much of Captain Bedloe's solemn Death-Bed Declaration as the Lord Chief Justice North allowed the World to see His Lordship was pleased to acknowledge that he took Captain Bedloe's Examination upon Oath at Bristol upon the 16 th of August 1681. And that he declared that the Duke of York had been so far engaged in the Plot that there was no part that had been proved against any Man that had suffered but he was to the full guilty of it all but what tended to the Kings Death from the trouble whereof the Jesuites had undertaken to deliver the Duke And his Lordship added that Mr Bedloe told him he lookt upon himself as a dying Man and that he must shortly appear before the Lord of Hosts to give an account of all his Actions and that because many persons had made it their business to baffle and deride the Plot He did for satisfaction of the World there declare upon the Faith of a dying Man and as he hoped for Salvation that whatever he had testified concerning the Plot was true and that he had many Witnesses to produce who would make the Plot as clear as the Sun. That the Jesuites had resolved the King's Death and would spare him no longer than he continued to be kind to them And that they resolved to set up an Head for their Cause here whatever came of it and said that if they should slip the opportunity they then had they should never have such another Notes upon the Tryal of Thomas Knox and John Lane for a Conspiracy to Defame and Scandalize Dr Otes and Mr Bedloe thereby to discredit their Evidence about the Popish Plot At the Kings-Bench Bar at VVestminster upon the 25 th of November 1679. The Judges then upon the Bench were Sr VVilliam Scroggs Lord Chief Justice Sr Francis Pemberton and Sr Thomas Jones THe unlucky miscarriage of Reading's attempt to corrupt the King's Evidence or to overthrow the credit of their Testimony deterred not others from prosecuting so pious a work for that is instantly succeeded by the cursed Conspiracy of Knox and of Lane and Osborne the one lately the other at that time a Servant to Dr Otes but Justice overtook them as the following Scheme of their Tryal shews The Indictment being read upon their pleading not guilty the following Jury was sworn Sr John Kirke Kt. John Roberts Thomas Harriot R. Waterhouse Henry Johnson Thomas Earsby Simon Middleton Joseph Ratcliffe Hugh Squire James Supple Francis Dorrington Richard Cooper Esq. The King's Counsel were Mr Attorney General Mr Solicitor General Mr Serjeant Maynard Sr Francis VVinnigton Mr VVilliams Mr Thomas Smith Mr Trenchard For Knox Mr Saunders Mr VVithens and Mr Scroggs For Lane Mr Holt assigned by the Court. The Indictment opened by Mr Trenchard was that whereas Colman Ireland Pickering and Grove conspired to destroy the King and change the Religion Established by Law to introduce Popery and were thereof Convicted Attainted and Executed And whereas the Lord Powis Lord Arundel of VVardour and others were accused of those Treasons and Impeached for the same in Parliament c. The Defendants knowing Mr Otes and Mr Bedloe had given Information of these Treasons to stifle the Evidence and scandalize them did conspire to represent them as wicked Persons and of no credit And the Indictment further sets forth that Knox with the agreement of Lane and Osborne caused Letters to be wrote with contrivance to accuse Otes and Bedloe that they had conspired falsly to accuse the E. of Danby And that Otes had attempted to commit Sodomy with Lane that to effect those wicked designs Knox gave several sums of Money to Osborne and
still believe that Popery was breaking in upon the Nation and that those who advance it will stop at nothing and declared his sorrow that so many Protestants gave their helping hand to it But he declared his hope that God would preserve the Protestant Religion and the Nation though he feared it would fall under very great Tryals and sharp Sufferings That the bare-fac'd Prophaneness and Impiety in the Nation gave Reason to fear the worst things that could befal a People He prayed God to prevent it and give those who shewed concern for the publick good and appear'd hearty for the Protestant Religion Grace to live so that they might not cast a reproach on that which they endeavoured to advance which he declared had often given him many sad thoughts As to his condition he said he had no repining in his Heart at it and did freely forgive all the World particularly those concerned in taking away his Life and conjured his Friends to think of no Revenge but to submit to the holy will of God. He declared as to his appearing in the business of the Bill of Exclusion that he thought the Nation in such danger of Popery and that the expectation of a Popish Successor put the King's Life in such danger that he saw no way so effectual to secure both as that Bill and that he thought his earnestness in that matter had no small influence in his present Sufferings As to his conspiring to seize the Guards the Crime for which he was condemned and which was made a constructive Treason to take away the King's Life to bring it within the Statute of Edward 3. His Lordship gave this account That he never was at Shepherd's but once and that there was no undertaking then of securing or seizing the Guards nor none appointed to view or examine them Some discourse there was about the feasableness of it and he heard it several times by accident in general discourse elsewhere but never consented to it as fit to be done That the Duke of Monmouth exclaimed against it and his Lordship said that he ever observed in him an abhorrence of all base things He thanked God that his part was sincere and well meant he observed that it was inferred that he was acquainted with the Heats and ill Designs of some great Men and did not discover them but that that was but misprision of Treason at most and so he dyed innocent of the Crime he stood condemned for and hoped that no body would imagine that so mean a thought could enter into him as to go about to save his Life by accusing others The part that some had acted lately of that kind had not been such as to invite him to love Life at such a rate He declared that he could not but think the sentence upon him very hard for nothing was sworn against him whether true or false but discourses about making some stirs That by a strange fetch the story of seizing the Guards was construed a design of killing the King and so he was cast in that He prayed God not to lay it to the charge of the King's Counsel the Judges Sheriffs or Jury That for the Witnesses he pittied and wished them well and should not reckon up the particulars wherein they wronged him but had rather their own Consciences should do that to which and the mercies of God he left them His Lordship added that from the time of chusing Sheriffs he concluded that the heat in that matter would produce something of this kind and that he was not much surprized to find it fall upon himself and wished that his Blood might satiate some Peoples Revenge He wished those Gentlemen of the Law who have great readiness in speaking would make more Conscience in the use of it and not run Men down by strains and fetches and impose on easie and willing Juryes to the ruin of innocent Men for to kill by forms and subtilties of Law is the worst sort of Murder He further wished that the rage of hot Men and the partiality of Juries might be stop'd with his Blood and said he should offer it up with more joy if he thought he should be the last to suffer in such a way He then concluded thus The Will of the Lord be done into whose Hands I commend my Spirit and trust that thou O most merciful Father hast forgiven me all my Transgressions The Sins of my Youth and all the Errors of my past Life and that thou wilt not lay my secret Sins to my Charge but wilt graciously support me during that small part of my Life now before me and assist me in my last Moments and not leave me then to be disordered by Fear or any other Temptation but make the light of thy Countenance to shine upon me For thou art my Sun and my Shield And as thou supportest me by thy Grace so I hope thou wilt hereafter crown me with Glory and receive me into the Fellowship of Angels and Saints in that blessed Inheritance purchased for me by my most merciful Redeemer who is I trust at thy Right hand preparing a place for me Into whose Hands I commend my Spirit Notes upon the Tryal of the honourable Algernon Sidney Esq upon an Indictment for conspiring the Death of the King and intending to raise a Rebellion Before the Lord Chief Justice Jeffrys Justice Wythens Justice Holloway and Justice Walcot at the King's-Bench upon the one and twentieth of November 1683. THis honourable Person Colonel Sidney having been long Imprisoned in the Tower without any prosecution brought his Habeas Corpus for the obtaining his liberty upon which being brought to the King's-Bench upon the 7th of November the Atturney General upon the sudden clapt an Indictment of Treason upon him to which he was instantly compelled to plead Upon the 21st of November he was brought to Tryal and this Jury pack'd by Graham and Burton was sworn upon him viz. John Aunger Carpenter Richard White William Lyn Laur. Wood Adam Andrews Emery Arguise Josiah Clerk George Glisby Nicolas Baxter Horse Rider William Reeves William Grove Cheesmonger John Burt. The King's Counsel were Sr Ro. Sawyer Attorney General Mr Finch Solicitor General Mr North Mr Dolben and Mr Jones The Indictment opened by Mr Dolben was to this effect That the Prisoner with others conspired the death of the King and to levy War in the Kingdom and sent one Aaron Smyth into Scotland to excite some to come from thence and to consult upon assistance to carry on those designs And that the Prisoner to perswade the People that it was lawful to raise Rebellion did cause a seditious Libel to be written containing expressions That the power is originally in the People c. Note the Indictment did not charge the Prisoner with publishing the Papers which was ever till now done when Libels have been made Criminal but their proof in this case would not come up to publishing Then the Attorney
having in his forementioned Paper mentioned the Opinion of King James the first delivered in his Speech to the Parliament in the Year 1603. I shall here to gratifie the Reader 's Curiosity transcribe a Paragraph or two of that Learned King's Speech viz. I do acknowledge that the special and greatest point of difference that is betwixt a rightful King and an usurping Tyrant is in this That whereas the proud and ambitious Tyrant doth think his Kingdom and People are only ordained for the satisfaction of his Desires unreasonable Appetites The righteous and just King doth on the contrary acknowledge himself to be ordained for the procuring of the Wealth and Prosperity of his People and that his great and principal Worldly Felicity must consist in their Prosperity That I am a Servant it is most true That as I am Head and Governour of all the People in my Dominion who are my natural Subjects considering them in distinct Ranks So if we will take in the People as one Body Then as the Head is ordained for the Body and not the Body for the Head so must a righteous King know himself to be ordained for his People and not his People for him Wherefore I will never be ashamed to sonfess it my principal honour to be the great Servant of the Common-wealth To this I shall subjoyn a few Words to the same purpose out of that King's Speech to the Parliament in 1609 Every just King in a settled Kingdom is bound to observe that Paction made to his People by his Laws in framing his Government agreeable thereunto And therefore a King governing in a settled Kingdom ceases to be a King and degenerates into a Tyrant as soon as he leaves off to rule according to the Laws Notes upon the Tryal of Sr Samuel Barnardiston Baronet at Guild-Hall London Before Sr George Jefferies Lord Chief Justice of the King's Bench upon the 14 th day of February 1683. upon an Information to the effect following viz. THat there having been a Horrid Plot lately discovered the Defendant to scandalize the Evidence wrote a Letter to this effect viz. That the return of the Duke of Monmouth and his being received into Favour with the King had made a great alteration at Court and that those who before spoke indecently of him did now court and creep to him Yesterday being the last of the Term all the Prisoners in the Tower upon the late Sham Protestant Plot were Bailed The Information against Mr Bavddon who Prosecuted the Murder of the Earl of Essex for a Subornation 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 Lord Russel's Speech was passed over with silence Great Applications are made to the King for the pardoning Mr Sidney The Lord Howard appears despicable in the eyes of all men The Papists and high Tories are quite down in the Mouth Their Pride is abated and themselves and their Plot confounded but their Malice is not Asswaged It s generally said the Earl of Essex was Murdered The brave Lord Russel is afresh Lamented The Plot is lost here except you in the Country can find it out amongst the Addressers and Abhorrers And that he wrote in another Letter to this effect The King is never pleased but when the Duke of Monmouth is with him His Pardon was Sealed and delivered to him last Wednesday 't is said he will be restored to be Master of the Horse c. He treats all his old Friends with great Civility they are all satisfied with his Integrity and if God spare 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 Lord Russel was as Loyal a Subject as any in England and that his Majesty believ'd the same now it would make you laugh to see how strangely our high Torys and Clergy are mortified their Countenances speak it Sr George is grown very humble It s said Mr Sidney is reprieved for forty days which bodes well And that in a third Letter he wrote thus The late change here in publick Affairs is so great and strange that we are like men in a Dream and fear we are not fit for so great a Mercy as the present Juncture seems to promise the Sham Protestant Plot is quite lost and confounded And that in a fourth Letter there are these expressions Contrary to all mens expectations a Warrant is signed for beheading Colonel Sidney at Tower-Hill next Fryday great endeavours have been used to obtain this Pardon but the contrary party have carried it which much dasheth our Hopes but God still governs The King's Counsel to prosecute this matter were The Recorder of London Mr Herbert quickly after made Lord Chief Justice Mr Jones Counsel for Sr S. Barnardiston were Mr Williams Mr Thompson and Mr Blackerby The Jury pick'd out to try this Cause were Thomas Vernon Knighted soon after the Service done in this Cause and then made Fore-man of a Jury to convict Dr Otes of Perjury Percival Gilburne one of the Jury upon the Guildhall Riot Edward Bovery William Withers senior A well qualified Jury-Man for this Cause James VVood Robert Masters A principal Witness against Colledge Samuel Newton Another of the Riot Jury George Toriano One of the Lord Russell's Jury Kenelm Smyth Thomas Goddard Thomas Amy and Richard Blackburne The Rocorder of London and Mr Herbert having aggravated the charge in the Information Mr Blaithwait Atterbury the Messenger and Nehemiah Osland Sr Samuel's Servant gave evidence of the writing those Letters and sending them by the Post for Sr Philip Skippon Mr Gael and Mr Cavel in Suffolk Then Mr Williams Counsel for Sr Samuel applied to the Jury to this effect That the question was Whether Sr Samuel were knowingly guilty of the Writing and publishing the four Letters That as to his publishing them he saw no evidence and he put it to the Court whether the sending them to the Post-House could amount to the publishing a Libel and he added to the Jury that he supposed they would not take it upon their Oaths that he was guilty of what he was there accused of many things being laid in the Information to inhanse the Crime of which there was no proof The Clamorous Chief Justice proceeding to dierct the Jury expressed himself to this effect That the Information took notice of a horrid Conspiracy lately hatcht for the destruction of the King and subversion of the Government and that the Lord Russell and Algernon Sidney who were ingaged in that damnable Conspiracy were convicted and executed That the Defendant being dissaffected and a man of ill Principles to disturb the Government did cause the four Letters to be writ and published That the Letters were Factious Seditious and Malitious and as base as the worst of mankind could have invented That it was a work of time and thought fixt in his
charged against them touching the Proceedings against Sr Thomas Armstrong Then Mrs Mathews Sr Thomas Armstrong's Daughter was called in and examined what she knew of the Prosecution against her Father And Sr Robert Sawyer then Attorney General being named by her as one of the Prosesecutors After she was with-drawn he was heard in his place to what was objected against him and then he withdrew and upon debate of the matter it was Resolved That Sr Robert Sawyer 's name be put into the Bill as one of the Prosecutors of Sr Thomas Armstrong Resolved That Sr Robert Sawyer be expelled the House for the same Saturday the 25th of January 1689. The House being acquainted that according to their Order Sr Francis Wâ—thens Sr Richard Holloway Mr Graham and Mr Burton attended at the Door thâ—y were severally called in and examined touching the Prosecution and Proceedings against Sr Thomas Armstrong And also the Executors of the late Lord Jeffryes that were attending at the Door were likewise called in and asked what hey had to say why Reparation should not be made out of the Lord Jeffryes Estate to the said Sr Thomas Armstrong's Family No Persons appearing as Executors to the late Justice Walcot the House was acquainted that he dyed Intestate and had not left an Estate sufficient to pay his Debts After the Persons before-mentioned were heard and with-drawn Mr Blaney was called in who gave the House an Account of the Proceedings in the Court of King's-Bench upon the Awarding Execution against Sr Thomas Armstrong And then the House proceeded upon the Amendments made by the Committee to the Bill for annulling the Attainder of Sr Thomas Armstrong And after having inserted the Name of Sr Robert Sawyer as a Prosecutor and resolved That the sum of five thousand Pounds should be paid by the Judges and Prosecutors to Sr Tho. Armstrong's Lady and Children as a Recompence of the Losses they had sustained by reason of his Attainder the Bill was recommitted upon the debate of the House to the same Committee Notes upon the Tryal between Sr William Pritchard Alderman of London and Thomas Papillon Esq. at Guildhall upon the 6th day of November 1684. before Sr George Jeffryes Lord Chief Justice of the Kings-Bench THat Mr Papillon was second to none in his zealous and undaunted opposition to the wicked attempts of introducing Popery and Arbitrary Government is very well known and deserves to be for ever remembred with honour None out did him in a diligent and faithful discharge of his Trust in several Parliaments In the Year 1681 there appeared a Race of Men fond of Vassalage and Slavery to that degree that they made Addresses of Thanks to the King for breaking two Parliaments in the compass of three Months meerly upon the score of their steady Resolution to extirpate the Popish Plot and Popery One of these fawning Addresses with promise of venturing their Lives and Fortunes to maintain this Violation of the Constitution of the Government having been presented to the King by Sr William Pritchard Sr George Jefferies and others Mr Papillon in abhorrence of it promoted and personally prosecuted a Petition to the Lord Mayor Aldermen and Common-Council praying that the Thanks of the City might be returned to Sr Robert Clayton Sr Thomas Player Alderman Pilkington and Alderman Love their worthy and well deserving Representatives in the Oxford Parliament and shewing That as matters then stood the Papists being animated in their Bloody designs by the hopes of a Popish Successor a Declaration to have frequent Parliaments could not attribute to the safety of the Kingdom and the composing the minds of Protestants but that it must be the sitting of a Parliament so as to search the Plot to the bottom to Prosecute the Conspirators and provide suitable Laws against the impending Evils and that nothing else could be effectual Further This Gentleman having in the same year 1681. greatly added to his guilt by baffling the Popish designs upon the Lives Liberties and Estates of all Protestants in the attempt upon the Earl of Shaftesbury He exerts himself in the year 1682. in the defence of the great and undoubted Right of the Citizens to chuse their own Sheriffs but now arbitrary Power being by the aid of ill Men become rampant and uncontroulable he must be sacrificed to their Revenge Mr Papillon having been duly elected one of the Sheriffs of London and Middlesex he brought a Writ of Mandamus out of the Court of King's-Bench to command the Mayor Aldermen to swear him into the Office that being disobeyed he is advised by his Counsel that he is entitled to an Action at Law for the wrong done him he sends in a respectful way to the Mayor and Aldermen requesting them to give voluntary appearances to his Action that being refused he proceeds by a legal process to bring them to answer him at Law whereupon Sr William Pritchard being arrested by the Coroner of London to whom the King's Writ was directed and detained some hours upon his refusal to give an appearance to Mr Papillon's Action Sr William brings an Action against him for thus arresting him and demands 10000 l. damages wherein he committed a great over-sight for had he ask'd 100000 l. the usual damages given in that day he had not failed of it with the following Jury which tryed the Cause Bartholomew Ferryman an old Informer one of the Jury of the Guildhall Riot Thomas Blackmore One of Dr Otes's Jury and also of the Riot Jury Thomas Symonds William Whatton One of the Riot Jury John Greene Thomas Amy One of Sr S. Barnardiston's Jury Joseph Baggs Daniel Chandler John Reynolds John Allen. Joseph Caine and Will. Wythers junior Fathers own Son. Mr Mundy opened the Declaration to this effect That the Plantiff being Lord Mayor and to attend that Office in the diligent Government of the City The Defendant envying the happy Estate of the Plantiff and contriving unjustly to disturb him in the Execution of his Office did to vex him not having any probable Cause of Action against him maliciously prosecute the King 's Writ out of the Court of King's-Bench against him directed to the Coroner of London commanding him to take Sr William Pritchard at Mr Papillon 's suite in an Action of Trespass and did procure Mr John Brome The Coroner to arrest him and that he was detained in custody six hours To the disgrace and scandal of the Plantiff and of his Office Whereas in fact he had not any just Cause of Action against him to his damage 10000 l. Then the Attorney General told the Jury that the action was brought to vindicate the honour of the Chair from such Affronts as these which in no Age till our times of faction and confusion it ever met with and he said We shall shew you that there lay a further Malice in this case and that there was a design in it against the Government This design was laid to carry on the great
Plot against the Lives of the King and the Duke and for subversion of the Government The end of this business was to have had a commotion for the accomplishing their great Conspiracy but Parturiunt Montes For after this Tragical Out-cry their own Witnesses only proved that Mr Brome the Coroner went to my Lord Mayor and told him that he had a Writ against him at the suite of Mr Papillon and another at the Suite of Mr Dubois and prayed him that he would please to give an appearance and that upon his refusing to do it his Lordship went in his own Coach to the Coroner's House Mr Serjeant Maynard then offered to the Jury That my Lord Mayor if he mistake in his Office and doth not that which belongs to him to do he is as much subject to the process of the Law as any private Citizen That the question they were to try was Whether Mr Papillon had probable Cause of Action against the Mayor That the Case was thus Vpon the contest about the choice of Sheriffs the Judges of the Election certifie to the Mayor and Aldermen that Mr Papillon had most Suffrages thereupon he conceived himself rightly chosen and that surely gave him a probable cause to proceed upon it and if so no doubt he might well take the course he did here is no Arrest without legal Process nay their own Witnesses say there was an offer to take an appearance without an Arrest but that being refused the process of the Law was executed He had no other course to take but to bring his Action against the Mayor This course he took here is a great deal of stir made that a Coroner of London should Arrest my Lord Mayor he might do it lawfully doth this prove that this was malitiously done Have they proved any particular discontent and malice that was between them No the quite contrary appears did he Violently Arrest him That he might do and no offence in Law no but he did it not but only desired from time to time that he would give an appearence that would have put a Conclusion to this dispute Besides the Sheriffs having made a return of Mr Papillon's Election to the Aldermen they being of another opinion gave order that those who thought themselves agrieved should take their remedy at Law which has been pursued in the regular course the Law prescribes Here is a great noise of Damage and Disrepute and Disgrace and the Plaintiff has been pleased to reckon his own Damages at 10000 l. We say he has sustained no Damage The very Court of Aldermen and the Lord Mayor bidding them take their course at Law We sure shall not be punished for doing it Mr Williams then insisted that the Plaintiff's Action must fall if they shewed that it was not Malitious and that Mr Papillon had a probable cause to bring his Action Mr Ward then observed to the Jury that Mr Papillon had been greatly reflected upon That by way of Crimination against him there was a most unjust reflection as if he were privy to an intended Insurrection and Conspiracy against the King's Life and procured the Mayor to be Arrested to promote an Insurrection That this was only insinuated for Reflection sake and not one word of any such thing proved He then added that the Case before them depended upon this point Whether Mr Papillon had a reasonable cause or probable ground to bring an Action against Sr William Pritchard If so all that was desired was only an Appearance but that would not be given That the Jury had been told of the great dangers in the Case as to the Infringment of the Peace c. but had Sr William Pritchard complyed with the reasonable and oft repeated request of ordering an Appearence the Peace of the Kingdom had been in no peril from such a design as this Arrest Here the Chief Justice told Mr Ward a Person never esteemed to come short of Sr George Jefferies in any thing but Insolence and Impudence That he had made a long Speech and nothing at all to the purpose and that he did not understand what he was about and that made him ramble in his Discourse and did then in a raving and most impetuous manner repeat his expression six or seven times that Mr Ward did not understand the Business Mr Brome the Coroner being called to give an account of the manner of his Arresting my Lord Mayor testified That he had a former Writ in Hillary Term and went to my Lord Mayor and desired him that he would appear to it but he said he would give no Appearance That he gave his Lordship a week or ten days to consider of it and then waited upon him at the Court of Aldermen and had his answer that he had considered of it and would give no appearance That a little before Easter Term the Attorney brought him another VVrit and threatned to complain to the Court of him for neglecting the Execution of two of the King's VVrits That thereupon he went again to my Lord and told him that the VVrit was renewed and he was pressed to make a return and desired that his Lordship would please to give an Appearance and that he told him that he was ready to submit to the King 's Writ but would not give an Appearance and thereupon the Officers named in the Warrant Arrested him by his Command Then Mr Crisp the common Serjeant aiming at Alderman Cornish falls to interrogating Mr Brome who were present at the meeting when the Arresting the Mayor was agreed upon he having named two or three the Common Serjeant further pressed him to name others and then the Chief Justice explained the Common Serjeant's meaning by demanding whether Mr Cornish was there Alderman Cornish and Mr Serjeant testified That Mr Papillon and Mr Duboiâ— being at the Alderman's House their At orney came to them and told them that he had addressed himself from time to time to my Lord Mayor to get him to give an Appearance but he would not and that thereupon they told him it was fit the matter should be brought to an Issue and ordered him to get an Appearance if he could and to remember that the Lord Mayor was the Chief Magistrate of the City and that he should carry it with all imaginable respect and regard to him Here the Chief Justice and Attorney General made long and extravagant excursions running upon Alderman Cornish with abundance of Questions wholly foreign to the matter in Question and Jefferies told him that he had as much cause as any Man to remember the manner of his own being chosen Sheriff for several reasons that he knew A plâ—… Indication of what he designed against this honest Gentleman And then his Lordship added that he only asked things by the by to satisfie the World what sort of Men these are that pretend to Saintship and with his wonted blustering Impudence said Do you think the Government will ever suffer it self to be