to wrest from them their undoubted priviledge of chusing Sheriffs I shall take leave to subjoyn a brief account of the Indignities Violence then used towards several of the Chief Magistrates of the City but shall by the way though it comes not in its proper place present the Reader with a Transcript of the New-fashion'd Summons issued by the Lord Mayor upon the extraordinary occasion which then appeared to have Sheriffs of Sr L. Jenkins his Nomination By the Mayor THese are to require you that on Midsummer day next being the day appointed as well for Confirmation of the Person who hath been by me Chosen according to the Antient Custom and Constitution of this City to be one of the Sheriffs of this City and the County of Middlesex for the Year ensuing as for the Election of the other of the said Sheriffs and other Officers you cause the Livery of your Company to meet Together at your Common-Hall early in the Morning and from thence to come together Decently and Orderly in their Gowns to Guild-Hall there to make the said Confirmation and Elections Given this 19th Day of June 1682. Wagstaffe To return to what was last proposed The accustomed day for Swearing the Sheriffs being come the Aldermen were called to Guildhall by Summons from the Lord Mayor as follows Sir your Worship is desired to be at a Cort of Aldermen at Guildhall on Thursday at nine of the Clock in the forenoon in your Violet Gown and Cloke it being the 28th of September Hereupon at that hour six Aldermen viz. Sr John Laurence Sr Robert Clayton Sr Patience VVard Sr Thomas Goold Sr John Shorter and Alderman Cornish went with Mr Papillon and Mr Dubois to Guildhall where Quiney in a very insolent manner came to them and told them he had a command to keep the Hall clear whereupon they demanded whether he did not know them to be Magistrates of the City and could believe his Order reach'd them he replyed that he knew them and they must remove They then said they were summoned and attended in all peaceableness quickly after he accosted them again saying Gentlemen you must withdraw I have a command to require it They then demanded a sight of his Warrant but huffing he said he would shew none to such as they were and then laid hold of Sr P. Ward saying Sr you must remove and in the same manner laid hold of Sr John Laurence pulling him with such violence that he had like to have thrown him down and treating the rest of the Aldermen in that manner they were all forced to retire in this proceeding he was abetted and supported by Mr Wythers Wiseman Nichols Steverton c. then present in Guildhall proper men to be returned to serve upon the Jury in the foregoing Cause The Lord Mayor being come to the Court Mr Papillon and Mr Dubois declared that they were ready and did there tender themselves to take the Office of Sheriffs and to be sworn and humbly prayed the Answer of his Lordship the Court but without condescending thereto the Mayor went to the Hustings calling Mr North and Rich to follow him and there calling them to the Book to be sworn Mr Papillon and Mr Dubois offered themselves to be sworn and Mr Papillon laid his hand on the Book but his Lordship and Sr J. E. Sr W. P. and some other Aldermen commanded them to forbear and keep the Peace and be gone Some of the Aldermen claimed to be heard but the Mayor refused it and proceeded to swear North and Rich whereupon the duely elected Sheriffs with the six Aldermen withdrew protesting against those irregular and arbitrary proceedings Remarks upon the Tryal of my Lord Russell upon the 13 th of July 1683. UPon the Discovery of the Popish Plot the Conspirators finding their measures to be broken as indeed were those of the French King all over Europe they advised King Charles the Second to make use of the Discovery as a Cripple to beg Money of the then approaching Parliament which was immediately to sit for the better effecting thereof the obsequious Clergy were privately instructed to Preach against Popery and to magnifie the Discovery of the Plot this Doctrine was thundered out from the Pulpits till the Dissolution of that notorious Pentionary Parliament Having then found their hopes dash'd new Instructions were given and the Clergy advertised that there was some fear from the Dissenters but yet for a time they were to Preach against Popery but not to talk of the Plot this humour continued till the Dissolution of the Parliament which met in March 1678. was dissolved in May following 1679. Then they received advice that there was a Presbyteterian as well as a Popish plot this made the Ecclesiastical Drums beat loudly against Dissenters and that work was closely followed till the breaking the Parliament at Oxford in the beginning of the year 1681. When the Conspirators influenced too many of the Pulpits to thunder against the credit of the Popish plot and to insinuate a belief of a Presbyterian Plot which they were all the while hammering and by this art they did at length usher it into the World. The Nobility and Gentry of England to make bold with their own words in their Memorial for our now Gracious King and Queen then Prince and Princess of Orange had been as they therein freely confessed too slow to believe the desperate Popish Plot and had been deluded with the King's Promises to protect and maintain the Protestant Religion and the Laws and Government of England until they saw them all undermined But many discerning this Delusion more early than others did the never to be forgotten Duke of Monmouth Earl of Essex Lord Russel and Colonel Sidney with some other great and valuable Persons who were of that well-grounded Opinion That a free Nation like this of England might defend their Religion and Liberties when Invaded and taken from them under pretence and colour of Law began to bethink themselves how to restore Parliaments to their antient freedom and to deliver the Nation from the fury of that Torrent of Popery which they wisely fore-saw ready to break in and carry all before it At this juncture the Conspirators laid hold of the Information given by Keeling of unadvised and rash Discourses of a very small number of Men nine or ten at the most all Strangers to the Persons and honest Consultations of those great Men before named and they cunningly and maliciously â—…atch'd and work'd it into one piece and emitted it to the World by their Declaration read in all Churches under the name of a Presbyterian or Fanatick Plot which they had long wanted Hereupon a Proclamation pursues the Duke of Monmouth and some others designed for destruction who chose to stand aside out of the reach of the Blood-thirsty Conspirators But the Earl of Essex my Lord Russell and Colonel Sidney would not be overcome by the perswasions of those who invited
Sr John Peak Sr John Chapman Sr Sym. Lewis Sr John Mathews Sr Benj. Newland Sr William Dodson Sr John Buckworth Lt. Colonel John Steventon Thomas Cowden Edward Beaker John Wallis John Nicolls William Parker Henry Loads Peter Aylworth John Short Richard Aily Benj. Skut Humphrey Stroud William Carpenter Remarks upon the Tryal of Alderman Cornish at the Old-Bayly upon Munday the 19th of October 1685. Before the Lord Chief Justice Jones the Lord Chief Baron Justice Wythens Justice Levins Justice Streete Baron Gregory and Jenner the Recorder WHen the Reader remembers what part this Eminent and Worthy Citizen acted in the mighty Struglings between Christianity and Popery English Liberties and Tyranny he will not be surprised to see him overwheml'd when by the Aid of the worst of men the Banks of our Security were broken down and the Torrent of Popery and Arbitrary Power carried all before it That from the time of the discovery of the Popish Plot the Conspirators did with indefatigable Industry apply themselves to shift it off to the Protestants is most undoubtedly and beyond contradiction true This alarming the City and it being well known that the Lives Liberties Estates of English-men against Arbitrary Attempts upon them Lay in Tryals by Juryes The Citizens in the Year 1680 rouz'd out of the Lethargy in which they had long lain and bethink themselves how to secure substantial honest Juryes knowing that that could only be accomplished by proper Sheriffs They pitched upon and elected Mr Bethel and Mr Cornish to serve in that Office By so doing and by a like Election of Mr Pilkington now deservedly Lord Mayor and Mr Shute in the succeeding Year 1681 the Popish design of murdering Protestants under colour of Law was Post-poned until the Ancient Right of Electing Sheriffs was ravish'd from the City in the year 1682. However the Conspirators impatient of delay made their attempt in the Sheriffalty of Mr Bethel Mr Cornish The Earl of Shaftesbury and divers others are now clapt up upon pretence of a Plot and an experiment is made upon Mr Stephen Colledge a Man of great Honesty and who wanted nothing but a Figure to make him every way valuable But these Sheriffs not furnishing a Jury to cut him off The Earl of Shaftesbury and the rest who were imprisoned are reserved for the next Sheriffalty When they hoped tho' as Heaven would have it without ground to get Sheriffs and by them Juryes for their purpose And the Conspirators being enraged at the disappointment and baffle put upon them by an honest City-Jury in the Case of Mr Colledge They hurry that poor man to Oxford and there by most unpresidented illegal Practices basely murder him Further it cannot be forgotten that the honest endeavour of these worthy Sheriffs Mr Bethel and Mr Cornish to have the Sham-Plot of Fitz. Harris throughly searched into did greatly contribute to their future Sufferings The mentioning this Wretch forces a Remembrance of the Stratagems then used to present his discovery of the Authors of his Trayterous Libel and of the design for which it was framed That that matter might not be pryed into by the Magistrates of London he is removed from Newgate to a most close Confinement in the Tower Then he being Impeached in the Oxford Parliament in March 1680 to hinder the Examination of it there that Parliament is dissolved Quickly after he is tryed and condemned in the Court of Kings-Bench Then tho' a Papist he is left solely to the management of Dr H. of the Tower and without controversie was held to the last Moment of his Life under the hope and expectation of a Pardon if he would confess or to speak more properly say as he was directed But being deluded and his Mouth stop'd The Doctor in his Name emits to the World a Mock Confession inconsistent in it self and most notoriously void of truth but most wickedly contrived to render these Sheriffs and also those worthy Gentlemen Sr Robert Clayton an Alderman and Sr George Trâ—by Recorder of London infamous and odious to the highest degree and all this with design to create a belief of a Protestant Plot particularly the Doctor 's Paper charged the Sheriffs that they came to Pitz. Harris in Newgate with a Token from the Lord Howard which he knew to be true and told him nothing would save his Life but discovering the Popish Plot and gave him great encouragement from the Lord Howard that if he would declare that he believed so much of the Popish Plot as amounted to the introducing the Roman Catholicks or if he would find out any that would criminate the Queen or the Duke or make so much as a plausible story to confirm the Plot that the Parliament would restore him to his Father's estate with the profits thereof since his Majesty's Restoration How idle false groundles and villanous soever this Story was it highly irritated the Conspirators against these Gentlemen About this time God for the Scourge of the Nation had sent into the City that common Nusance to Mankind a Race of blind sensless Creatures who hardly deserved to be called Men and therefore took to themselves the Name of Tories These Animals seeming to delight in Fetters of Iron rather than Chains of Gold were the Champions for Arbitrary and Despotick Power They set themselves to betray the Rights and Liberties of the City and to bring all Free-born Englishmen to live at the Will of an Absolute Prince These by Addresses of Thanks for the Violation of the Laws and of Abhorrence of those who endeavoured to maintain them invited the Conspirators to attempt the overthrow of the Antient Priviledges and Government of London Nay their Solicitation Backt with assurance of a Surrender procured the bringing a Quo Warranto against the City Charters But the Wretches failing their Principals herein as they ever did in all things but Noisy Huzza's and a Committee of Aldermen and Commoners true English-Men being appointed to guard the City Franchises against the Quo Warranto Attack New Measures must be taken hereupon The Tories now perceiving that their Quo Warranto must pass the Formalities of Westminster-Hall witb bended Knees supplicate the aid of that Tool of State Secretary Jenkins He readily espouses them and having the Ascendant of Sr John Moor at this time most unluckily Lord Mayor directs him to constitute Mr North and Mr Rich Sheriffs of the City which he as obsequiously as daringly undertakes Many worthy Citizens whose names deserve eternal remembrance boldly withstood these Arbitrary Illegal Attempts Amongst them Mr Bethel and Mr Cornish were not the last and they felt with the first the rage of the Conspirators and their Adherents Their honest innocent and peacable appearing to Vote for the Election of Shâ—riffs in 1682. according to the undoubted right of the Citizens was termed a Riot and in Mr Cornish's Tryal now before us a Branch of the Plot. and most certainly is was the greatest Plot and Treason
Michaelmas where tho' above ten to one were found against Rich yet the Common Serjeant who was deeply engaged in the Intrigue makes report to the Mayor as was before concerted that Mr Rich was Elected and so without more to do he is declared Mr North's Partner Upon the day for swearing the new Sheriffs being Michaelmas-Eve 1682. The Citizens went in a very great Body to Guild-hall to present Mr Papillon and Mr Dubois to be sworn but were with-stood by Souldiers Armed with Pikes and Musquets then in possession of the Hall By these means and in this Military Arbitrary and most Illegal way were Mr North and Rich constituted Sheriffs of London and Middlesex to the unspeakable joy of the Conspirators and their insipid Adherents in the City These new Sheriffs to gratifie their Faction and to oblige the World with notice of what must be expected from them At the publick Feast upon their entring upon the Office They entertain their Crew with these Rhimes Sung at their own Table Thanks to Sr John our good Lord Mayor ' Gainst Sheriffs tricks he kept the Chair Then to the famous Sr John Moore May after Age that Name Adore For Ropes and Gibbets the next year The Whigs we hope need not despaire If Rich find Timber give 'em scope Brave North will never grudg 'em Rope Then to brave North a double Dose Who the strong Factions did oppose Then to brave Rich a Health off hand Who the loud Tumults did withstand Well to be serious and after a too tedious digression to return to the matter proposed These Sheriffs being thus settled and by consequence Juryes to serve the turn at hand They set themselves to a vigorous prosecution of the Quo Warranto brought against the City Charters and of an Information exhibited about this notorious and horrid Riot and to make sure work herein they cast an Eye into Westminster-Hall and finding Sr Francis Pemberton Lord Chief Justice of the King's-Bench would not serve this purpose He is thrust down into the Common-Pleas with a Complement from the Lord Keeper North that no Man's services were more eminent nor better accepted than my Lord Chief Justice Pemberton's And Mr Saunders the Counsel against the City upon the Quo Warranto and Adviser of the Lord Mayor's most extravagant proceeding in the matter of the Sheriffs is upon the 23d of January 1682 promoted to be Lord Chief Justice being then told by the Lord-Keeper That the King's People might not suffer in the want of so good a Magistrate as his Predecessor his Majesty had taken care in the choice of him to succeed in that great and important Office he being a Person of manifest Integrity and Affection to the King's service And that his Lordship might say without flattery that he came into the Seat of Lord Chief Justice with as few Passions and personal Frailties as any that had been before him Methinks Sr Matthew Hale or Sr William Scroggs might have been excepted That the Age was so degenerate and full of Faults ☞ Faults of Irreligion Immorality Debauchery c. that it required more than a Man to censure them And his Lordship added That the temper of the present Age required his Severity in cases of Sedition Which he said was â—…lly grown to that height and Insolence and managed with that Malice that it was very near breaking out into open force All things being now thus well prepared upon the 8th of May 1683 the matter of the Riot is brought to Tryal at Guild-hall before this vertuous Lord Chief Justice Saunders upon an Information to this effect That upon the 24 th of June 1682. in Guild-hall there was a Common-Hall summoned by Sr John Moore Lord Mayor for the Election of Sheriffs and that on that day the Lord Mayor in a lawful manner adjourned the Court till Tuesday following That after the Adjournment the Lord Mayor made Proclamation for all persons to depart That the Defendants intending to disturb the King's Peace did unlawfully meet together and riotously assault the Lord Mayor And that after the Adjournment Mr Pilkington and Mr Shute by colour of their Office as Sheriffs and the rest of the Defendants did continue the Poll and affirm to the People that Sr John Moore had no power to adjourn them and that they continued this great Tumult three hours to the terror of the King's Subjects and against the Peace The Prosecution of this Information was managed by The Kings Atturney General Solicitor General Sr George Jefferies Mr Dolben Mr Jones and Mr Molloy And defended by Mr Wallop Sr Francis Winnington Mr Williams Mr Thompson Mr Holt Mr Sommers and Mr Freke Mr Sommers and Mr Thompson upon calling the Jury offered a Challenge of the Array and pressed to have it read which being done Sr George Jefferies called it a Tale of a Tub But Mr Thompson persisted Vrging that Sheriff North was interessed in the matter and if Sr John Moore had not Authority to Adjourn the Poll Mr North was not duly chosen Sheriff and so ought not to return a Jury the very Title to the Office of Sheriff being in question This point was further pressed by Mr Williams Sr Francis Winnington and Mr Wallop but opposed by the Atturney and Solicitor General and Jefferies and over-ruled by the Lord Chief Justice Then Mr Thompson prayed the Benefit of a Bill of Exceptions but that was also over-ruled and the Jury returned by the Sheriffs who were forced upon the City by the true Rioters were Sr Benjamin Newland Sr John Mathews Sr John Buckworth Sr Tho. Griffith Sr Edmund Wiseman Percival Gilburne Henry Wagstaffe Barth Ferryman Tho. Blackmore Samuel Newton William Watton George Villers Then Mr Dolben opened the Information and Mr Atturney followed saying That the Information was brought for settling the Peace of the City and to shew who is the Supream Magistrate there That the Lord Mayor in all times was the Kings Lieutenant and no publick Assemblies could ever meet without his Summons That the question was about the Election of Sheriffs That the Lord Mayor adjourned the Court and the Sheriffs proceeded and made Proclamation that it was not in the power of the Mayor and continued the Poll in a Riotous manner and when the Mayor attempted to go out of the Hall they struck him struck his Hat off and pressed several of the Aldermen That if the others had made opposition all had been in Confusion upon this Usurpation To this Mr Solicitor added That after my Lord Mayor commanded them to depart they continued their Assembly there in a very riotous manner and as my Lord came down they offered Insolencies to his Person Then comes Sr George Jefferies the main Contriver and Abettor of the Lord Mayor's most daring and unjustifiable attempt and tells the Jury That the Rabble came upon my Lord Mayor had him down upon his Knees and if some Gentlemen had not come in they had trod him under feet He
the Church of England and who are now for calling him back These were Men who would have finished the Ruin of the Nation in the Dissolution of its antient and well Established Government and in the Blood of its best Patriots They gloryed in calling themselves Tories their Guide and Patron did in their name thrust out stigmatize all the sober and moderate Men of the Church of England with the Name of Trimmers bestowed upon them this Apothegme That a Trimmer is worse than a Rebel Whoever recurs to the Original of that Name in the Observators will find that it pointed at first at two honourable and never to be forgotten Protestants of your Neighbour County the late Lord Townshend and Sr John Hobart of Norfolk and quickly after Dr Fowler Mr Smithee and many other Reverend Divines of the Church of England fell under that Denomination Now surely 't is not a Crime to call such Men as these by the name which they appropriated to themselves and 't were Foolish to esteem Men of their practices to be of any Religion In some cases a Man ought not to be over-patient and it must move any one to hear a Learned Lawyer at the Bar at the time when Popery had actually ascended the Throne in this manner to caress a Tory-Jury Gentlemen I cannot but with much Sorrow remember to you and I know you all remember it too well that there was a time when the City of London was so far corrupted that it was become a Refuge and Sanctuary for high Treason when there was no Justice to be had for the King there when Men lodged themselves within those Walls as a Protection for their Conspiracies We all remember the time when Indictments were perferred and a plain Evidence given to a Grand-Jury even to the publick satisfaction of all that heard it and yet they have refused to find the Bill and not only so but were so abetted by the Rabble that it was scarce safe for the Judges to sit upon the Bench These are things none of us can forget but must be perpetually remembred to the shame of the Authors and Contrivers of them And must it not provoke a Man to hear the following Doctrine from the Pulpit upon the sad occasion of the good Lord Russell's death of whom one of the best Divines now living did truely say that an Age would not repaire that loss to the Nation viz. Cuting of Throats would have been counted only a Scotch way of Triming and the destruction of Princes to be no more but a perfecting the History of the Reformation They who cannot rise up to all the heights of Conformity can yet strain a point upon occasion and rise up to all the heights of Rebellion and Barbarity and had not God marvelously interposed these squeamish Conscience Traytors would have shewed the truth of this Is it not astonishing at this day when the Parliament hath declared that my Lord Russell Colonel Sidney and Sr Thomas Armstrong were murdered to heare an Irish Arch-Deacon who fled hither upon the score of Religion and is a Principal Manager of our Charity to the Irish Protestants publickly ridicule the death of the first two by telling us in an upbraiding way these are your Martyrs and affirm that the last dyed justly and according to Law Would such men as these satisfie the World of their Ingenuity and Repentance these extravagancies undoubtedly ought to be put into utter Oblivion now that Heaven has wrought for us a most signal and miraculous deliverance but which is to be lamented those very Men who carryed us to the very brinck of destruction are not onely remorseless but many of them do make it their business by drinking Popish Healths wishing success to their Arms and spreading false Newes to infect and debauch the Kingdom especially the City and to traduce maligne and undermine the Government under which the divine Providence has so mercifully placed us and therefore they who have given such high provocations and done so much mischief and do still remain impenitent ought not to esteem themselves unkindly used by some tart expressions Sr That I may be justâ—…ied with you who I am sure would believe the best of every Man and make the best of all things I have said much more then I did intend upon this occasion and hope you will forgive it You have very signally and heartily lent and laid out your self in your Countries service that service was not onely difficult and hazardous but it had proved fatal had not Heaven interposed for your deliverance and therefore all true Lovers of old England's welfare must wish that no false Insinuations may lessen you in the esteem of Good Men you have been a publick Good and that obliges me to be Sir Your Honourer and Most Obedient Servant February 10. 1689. The CONTENTS REmarks upon Dr Otes his Tryal pag. 1. Vpon the Tryal of Reading p. 38. Vpon the Tryal of Knox and Lane p. 45. Vpon the Tryal of Tasborough and Price p. 53. Vpon the Proceedings against the Earl of Shaftesbury p. 64. Vpon the Tryal of Stephen Colledge p. 92. Vpon the Tryal of Thompson the Printer Payne and Farwell p. 117. Vpon the Tryal of the pretended Guildhall Riot p. 127. Vpon the Tryal of my Lord Russell p. 155. Vpon the Tryal of Colonel Sidney p. 185. Vpon the Tryal of Sr Samuel Barnardiston p. 207. Vpon the Proceedings against Sr Thomas Armstrong p. 215. Vpon Mr Papillon's Tryal with Sr William Pritchard p. 228. Vpon the Tryal of Alderman Cornish p. 245. REMARKS upon the Tryal of Dr Titus Otes upon an Indictment for Perjury at the King's Bench Bar at VVestminster before Sr George Jeffryes Baron of Wem Lord Chief Justice Whom the House of Commons had recommended to the King by this Vote and an Address thereupon November the 13th 1680. Resolved That Sr George Jeffryes Recorder of London by traducing and obstructing Petitioning for the sitting of this Parliament hath betrayed the Rights of the Subject Ordered That an humble Address be made to his Majesty to remove Sr George Jeffryes out of all publick Offices Mr Justice Wythens Who was advanced to a Seat upon that Bench by the following Vote of the House of Commons October 29. 1680. Resolved That Sr Francis Wythens by promoting and presenting to his Majesty an Address expressing an Abhorrence to Petition his Majesty for the calling and sitting of Parliaments hath betrayed the undoubted Rights of the Subjects of England And this Order thereupon Ordered That Sr Francis Wythens be expelled this House for this high Crime and that he receive his Sentence at the Bar of this House upon his Knees from Mr Speaker Which he received accordingly Mr Justice Holloway late Recorder of Oxford whose part in the dispatching Stephen Colledge advanced him to this station And Mr Justice Walcot the best of all the four but as poor as Sr R. Wright and by consequence a fit Tool to serve the
purposes of that Juncture THat the Conspiracy to introduce Popery and Arbitrary Government in England took life in the Year 1660. and was from that time carried on is now little doubted by any English-man who was not a well-wisher to it We are not to question the late King Charles the second 's dying a Papist and 't is as true that he so lived but upon his Restoration that the Duke's turn might be served he must not then declare An Act of Parliament was made to forbid our talking of it under most severe Penalties Then another Act put the Sword into his Hands by Vesting the Militia solely in him The Pulpits of the Kingdom generally speaking were filled with Gentlemen who had imbibed the Doctrine of passive Obedience and Non-Resistance An Oath was imposed That it was not lawful upon any pretence whatsoever to take up Arms against the King or against any commissionated by him About two thousand sober and pious Ministers were thrust from the Churches and Corporations and many of them into loathsome Goals for Non-conformity to that Oath and to a few slight and as they judged unwarranted Ceremonies and the best Members were thrown out of all the Corporations of England by a pretended Regulation much more early then that of the late King James Matters being thus ripened and the Nation sufficiently dehauched by the Court-Example what was wanting but an actual execution This the Conspirators well knowing as they did that the famous City of London was the chief if not the only obstacle to their Hellish design a Resolution was taken to destroy it which they effectually accomplished discovery of this horrid Villany being made not to mention anything of the worthy Sr Robert Brookes Chair-man of the Committee of Inspection into the firing of London Hubert a poor French Papist being thereof Convict the House of Commons knowing that such a contemptible Varlet was not alone in that Fact resolved to take him the next day into Examination for discovery of his Accomplices and Directors but to prevent it that Wretches Mouth was stopt at Tyburn in the Morning before the House met I am conscious that there are Persons now in being who do not only pretend to doubt of this part of the Popish Plot the burning of London but of the Plot it self I shall therefore here subjoyn the Sence of one of the best Houses of Commons which ever met at Westminster January the 10th 1680. Resolved That it is the Opinion of this House that the City of London was burnt in the Year 1660 by the Papists designing thereby to introduce Arbitrary Power Popery into this Kingdom It may also be here observed that at this as at every other juncture when any Popish Plot was near the point of Execution The Papists had constantly the Fanaticks at hand to answer for their Villanies without doubt the Burning this Nest of Hereticks had been concerted both at Paris and at Rome and the time for puting it in execution approaching In April 1666 a Fanatick plot is brought upon the Stage seven or eight were Condemned at the Old-Bayly for Ploting to kill the King and to Burn the City upon the 3 d day of September then following For a more full account of this the Reader is referred to the London Gazette of April the â—0 th 1666. Numb 48. The whole Kingdom bring alarmed and put into a serment by this accursed Enterprize the Plot was post-poned however it was kept alive and the unwearied Conspirators carried it on and in the Year 1678 the blow was ready to be given but then by the Providence of the Almighty Dr Otes detected their Machinations He gave his first Information thereof to that worthy and never to be forgotten Justice of the Peace Sr Edmundbury Godfrey of which the Conspirators having notice for the stifling so fatal a discovery they in a most barbarous manner hurried him out of the World and did with effronted Impudence attempt to perswade the World to believe that that Gentleman was Felo de se but Heaven bringing that matter to light and his Murderers to justice The Plot maugre all oppositions and discouragements began to be searched into and was made out beyond contradiction by some loose Letters and Papers found in the House of Colman the Duke of York's Secretary who had early notice of the discovery and thereupon had carried his most material and as it may be reasonably concluded he thought all Papers which might endanger him or his Master's Cause to the Chamber of Mr Wright a Profligate Lawyer of Lincoln's-Inn where they were burnt for which assistance and good service Wright was afterwards preferred to sit by turns in every of the Courts of Westminster and at length to the place of Lord Chief Justice of England then whom a Person more scandalous and ignorant was never in any Age placed there Well Colman was indicted the Plot proved by Dr Otes and other Witnesses thereby by his own Papers he was convicted and executed as were by degrees several others but for the sake of the Duke and of the Roman Catholick Cause the game must be retrived in order thereto fit Engines were employed some of the Clergy who had long asserted that Popery was more tolerable than Presbytery with their guide the Observator made it their business to decry the Evidence of the Plot impudently affirming as in particular did one Scotred a grand Jury-Man in the Isle of Ely who at the time of the Assizes there began the Pope's health to his Brethren of the Grand Jury That there was no Popish but a Presbyterian Plot. A great part of the unwary and loose Church of England Men throughout the Kingdom appeared to be infected with this mad Doctrine so that to offer Instances thereof may seem impertinent however I shall take the liberty to inform the Reader that upon complaint to the Judge sitting in Court in September 1679. of the above-named Scotred's discourse and drinking the Pope's health a Justice of the Peace then upon the Bench fell upon the Person who made that complaint with great rage and swore By the Name of God there is a Presbyterian Plot. To this I shall only subjoyn that which will be a more authentick Evidence of what is above asserted viz. October the 28th 1680. In the House of Commons Resolved That it doth appear by the evidence this day given to this House that Sr Robert Can is guilty of publickly declaring in the City of Bristol in October 1679. That there was no Popish Plot but a Presbyterian Plot. Ordered That Sr Robert Can a Member of this House be committed to the Prison of the Tower and that he be expelled this House Ordered That Sr Robert Yeomans be sent for in Custody to answer for publickly declaring in Bristol That there was no Popish Plot but a Presbyterian Plot. These easie mis-guided Gentlemen were Disciples of famous Parson Thompson of Bristol whose Breath infected that great City
into the bargain but that Mr Justice Pemberton checkt it by holding up his hands in Admiration this persons Crime was the publishing a Book called An Appeal from the Country to the City in which this passage was contained We in the Country have done our parts in chusing good Members for Parliament but if they must be Dissolved or Prorogued when-ever they come to redress the Grievances of the Subject we may be pittied not blamed if the Plot takes effect as in all probability it will Our Parliaments are not then to be condemned for their not being suffered to sit occasioned it But now when we come to Judgments for Misdemeaners on the other side We shall perceive great Compassion and Mercy appearing in that Court indeed Reading who was Convicted for the first attempt upon the King's-Witnesses was adjudged to pay 1000 l. to be Pilloried and Imprisoned for a year and one would have thought that more severe Judgments would have past upon such as should dare to repeat the same Crimes after such an Example but we see the contrary About six Months afterwards Knox and Lane being Convicted of the same Offence accompanied with much blacker Circumstances Knox the principal was only Fined 200 Marks and condemned to a years Imprisonment and to be bound to the good Behaviour for three years And Lane Fined 1â—… Marks and adjudged to stand once in the Pillory and to be Imprisoned a year And now in the Case before us Mr Tasborough a Gentleman of a good Estate who had treated about so great a Villany in the name of the Duke of York was only Fined 100 l. And Mrs Price 200 l. But who can admire at this notorious departure from the rules of Justice and Equality in the assessing of Fines that remembers that the Chief Justice Scroggs did in this very Term declare in open Court in the Case of Dr Jessop a very honest and worthy Protestant of Norfolk that he would have regard to Persons and their Principles in imposing of Fines and would set a Fine of 500 l. on one person for the same offence for which he would not Fine another 100 l. And accordingly Fined Dr Jessop 100 l. for reporting false News as they called it and at the same time Fined the Doctor 's Author of that News a right Tory no doubt only five Marks Now surely will the Reader say this Jessop was undoubtedly a very naughty Man but to undeceive him I can affirm he is as true a Church of England Man as can be found and the bad principle which made him to be thus marked was that he was an avowed Enemy to Popery and true to the Liberties of England and did upon every occasion exert himself to a degree hardly to be equalled by any Gentleman of Norfolk for the chusing deserving men for Knights of the shire and particularly for Sr John Hobart then whom none ever deserved better of that County and whose name will always be remembred there with great Honour For this extravagant Partiality and Injustice in imposing Fines the Court of Kings-Bench was deservedly marked with this Vote of the House of Commons December the 23 d 1680 Resolved That the Court of King's Bench in the Imposition of Fines on Offenders of late years hath acted Arbitrarily Illegally and Partially Favouring Papists and persons Popishly affected and excessively Oppressing Protestants Reflections upon the Proceedings in the Old Baily before the Lord Chief Justices Pemberton and North. November 24 1681. upon an Indictment for High Treason framed against the Right Honourable Anthony Earl of Shaftesbury for conspiring the Death of the King and Subversion of the Government THe Names of the Grand-Jury returned by Sheriff Filkington and Sheriff Shute and who were Sworn upon that occasion were Sr Sam. Barnardiston John Morden Thomas Papillon John Dubois Charles Herle Edward Rudge Humphrey Edwm John Morris Edmund Harrison Joseph VVright John Cox Thomas Parker Leonard Robinson Thomas Shepherd John Flavel Michael Godfrey Joseph Richarson VVilliam Empson Andrew Kendrick John Lane and John Hall. A sort of people called Tories wedded to their own blindness having loudly clamoured of this great Jury I shall here add the names of those who were returned upon the same Pannel Alderman Ellis Mr Mellish Mr Tho. Gardener Samuel Swinnock Mr Ben. Godfrey Mr John Pollexfen Mr John Smith Mr John Gardener Mr Peter Delence Mr Peter Hubland Mr William Ashurst Mr John Deagle Mr Thomas Western Mr Bonnel Mr Gabriel Wheatley Mr Tho. Carpenter Mr L. Baskervile Mr George Marwood Mr John Smith And now let all who know the City of London judge whether a more substantial Pannel in every respect was ever returned to serve at the Old-Bailey The King's Council for the management of this Intrigue were The Attorney General Sr Francis Wythens the Abhorrer of Parliaments And Mr Saunders afterwards the Quo Warranto Lord Chief Justice Mr Graham the Solicitor of all the late Sham Plots upon Protestants and pay-master of corrupt Juries and perjured Witnesses solicited this Prosecution and hence took his first step to such Preferment as enabled him to give Eight or ten thousand Pounds with a Daughter 'T is to be lamented that he hath lived to this day without further Preferment in the way which at that time the then Lord Chancellor promised to honest Captain VVilkinson The magnified Evidence of this horrid Treason and that which the King's Council relying upon begun with was a Paper proved by Secretary Jenkins Mr Blaithwaite and Mr Gwin to have been found in the Earl's House of which such noise has been made in the World by the virulent Observator and the Popish News-Writers as well as from too many of our Pulpits that it may not be ungratful to the Reader to be here presented with the very words thereof which follow The Association WE the Knights c. finding to the grief of our Hearts the Popish Priests and Jesuites with the Papists and their Adherents and Abettors have for several years last past pursued a most pernicious and hellish Plot to root out the true Protestant Religion as a pestilent Heresie to take away the Life of our Gratious King to subvert our Laws and Liberties and to set up Arbitrary Power and Popery And it being notorious that they have been highly incouraged by the Countenance and Protection given and procured for them by James Duke of York and by their expectations of his succeeding to the Crown and that through Crafty Popish Councils his Designs have so far prevailed that he hath created many and great Dependants upon him by his bestowing Offices and Preferments both in Church and State. It appearing also to us that by his influence Mercenary Forces bave been levied and kept on foot for his secret Designs contrary to our Laws the Officers thereof having been named and appointed by him to the apparent hazard of his Majesties Person our Religion and Government if the Danger had not been timely fore-seen by several Parliaments and
was no Popish Plot. The Jury without stirring from the Bar found them all three guilty of the Information and the judgment was that Farwell and Thompson should stand in the Pillory in the Palace-Yard for one hour the last day of the Term and each of them pay 100 l. Fine and to be Imprisoned till paid and that Paine should only pay 100 l. Fine and be imprisoned till paid Upon the 5th of July 1682. according to the judgment Thompson and Farwell stood in the Pillory with this Writing over their Heads For Libelling the Justice of the Nation by making the World believe that Sr Edmundbury Godfry murdered himself Tho' this bold and daring Contrivance of these Champions for Holy Church was thus happily defeated and their own Counsel did not only declare that it was an unadvised undertaking but some of their own Gang began to say that the Devil owed them a sham yet no doubt of it the design was better laid then some imagined But what fence for ill luck They did confidently relie upon the Council-Board to cherish the undertaking and to instruct the prosecution thereof and nothing disappointed them there but an unlucky mistimeing the matter They also knew full well that the credit of Popery must be restored and that by suppressing the evidence of their Plot and that if one thing failed another would hit they remembred the Prophecy of one of the Guides of the hare-brain'd Toryes Heraclitus Ridens who fore-told soon after the election of Sr John Moore to be Lord Mayor that at or before 1683. they should have Juries for their turn and that then talking to the Whiggs about hanging that Author with great assurance told them They must come to 't and should come to 't so that all had been Cock-sure if they had tim'd it so as to have had it tryed before any one of the corrupt and murdering Juryes which that year of 1683. furnished for my Lord Russel Colonel Sidney and others Reflections upon the Tryal of Thomas Pilkington Esq and Samuel Shute Esq Sheriffs of London And of Ford Lord Grey Alderman Cornish Sr Thomas Player Slingesby Bethel Esq Mr Francis Jenks Mr John Deagle Mr Richard Freeman Mr Robert Key Mr John Wickham Mr Samuel Swinnock Mr John Jekyl and Mr R. Goodenough Vpon an Information for a pretended Riot at Guild-hall at the day for Election of Sheriffs being the 24th of June 1682. THe Conspirators having in the beginning of the Year 1681 delivered themselves from the danger of Parliaments They well knew that there then stood nothing in their way but the old fashioned abhorred way of Tryals by Juryes Therefore they must now to cut off all who stood in their way have Jury-Men as they had already Judges at their own Nomination and Devotion so In October 1681 Sr John Moore is made Lord Mayor of London than which to the discerning part of Mankind nothing was more portentous nor of worse Omen and the dire effects with that foreboded were quickly felt For now the Lord Mayor giving himself up intirely and implicitly â—o the dispose and conduct of Sr Leoline Jenkins all things went according to the Will of the Conspirators The great care now is how to get such Sheriffs as would furnish proper Juryes to serve the turn for securing this great point the Mayor is closely plyed by their little Engines in the City and directed to insist upon a pretended Prerogative to elect one of the Sheriffs This point being gained upon him they bethink themselves of a fit Man and incline to Sr Benjamin Newland but at length they pitch upon Mr North lately returned from Turkey Brother to the Lord Chief Justice North He readily embraces the Employment and before the day for election of Sheriffs was come a thing never before known he seals a Bond to the Court of Aldermen to hold Sheriff and the Gazette proclaims it to the World that the Lord May or had elected Dudley North Esq Sheriff of London The Conspirators and the Mayor having thus acted the matter by concert Midsummer-day the accustomed time for Election of Sheriffs being come the Mayor insists to have Mr North admitted as one of the Sheriffs and his Party put up Mr Box to be joyned with him But the Citizens withstood the Mayor's Usurpation upon their undoubted Rights and proceeded according to immemorial Custom to Elect their Sheriffs and fixed upon those well-deserving and eminent Citizens Mr Papillon and Mr Dubois who were chosen upon the view by a very great majority of Voices Hereupon to gain time for Consultation how to trick this Election the Accomplices of the Conspiracy demand a Poll that being yielded to them the Sheriffs went upon the takeing the Poll and it being far proceeded upon and it appearing that there were two to one of the Electors polled for Mr Papillon and Mr Dubois the Mayor was sent with a Rabble in a Tumultuous manner to interrupt the finishing the Poll by Adjourning the Court. The Sheriffs Mr Pillington and Mr Shute well knowing the Managment of the Election to belong to them continued for some time to proceed in takeing the Poll and then adjourned to the Tuesday following The Conspirators call this a Riot as in truth it was of their own side and the Council at Whitehall commit the Sheriffs to the Tower and there lock them up till by an unlucky English Instrument called an Habeas Corpus the Tower Gates were forced open they nevertheless with undaunted resolution persisted to assert their own and the Citizens Rights and declared Mr Papillon and Mr Dubois to be Elected Sheriffs Then it was proposed and consented to that a new Poll should be taken which being done it appeared that Mr North had 170 Voices Mr Box 1353. and Mr Papillon and Mr Dubois upwards of 2700. and they are a second time declared to be Elected Sheriffs Thereupon upon the 20 th of July divers eminent Citizens attended the Lord Mayor and Court of Aldermen and for themselves and on behalf of the rest of the Citizens demanded that they would cause Proclamation to be made for Mr Papillon and Mr Dubois to appear and seal Bonds according to Custom to take the Office of Sheriffs And at the same time they entered a Caveat to Mr Wagstaffe the Town-Clerk against the swearing and admitting Mr North and Mr Box Sheriffs However the Lord Mayor by the direction of Sr L. Jenkins and the influence of Saunders and of Jefferies both declared Enemies to the City Rights and at that time of Council with the Conspirators for the overthrow of their Antient Charters assumes the boldness to declare both Mr North and Mr Box Sheriffs and so ravishes from the Citizens the right to Elect either of the Sheriffs But Mr Box appearing to be endued with a better stock of Discretion than to undertake the Office upon that Title declined it Whereupon 't is resolved that Mr Rich shall be the Man and a Common-Hall being called a little before
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
in which these most deserving Gentlemen ever engaged themselves For this imaginary Riot they were with others brought to Tryal The Sheriffs made by Riot Force and Arms returned upon them some of the true Rioters for Jury-Men Others of them were made the Witnesses and so they were found guilty and most extravagantly Fined Mr Bethel after about two years Imprisonment for non-payment of the Fine against all Law and Reason imposed upon him Obtained his Liberty by payment of his Fine he having wisely observed that the Juries of that day did Kill as sure as Death every Man whom the Conspirators marked out to them and being thus at Liberty and also at leisure resolved for a time to take his leave of England as he did and so very happily lives at this day to be further servicable to this famous City and his Generation But Mr Cornish's Family and great Occasions having detained him within the reach of the Conspirators The wise disposer of all things now permits him to be made a Sacrifice to the Tories Rage They charge him with an Indictment of High Treason for Conspiring the death of King Charles the second and the raising a Rebellion The Jury sworn upon him were Thomas Rawlinson Thomas Langham Ambross Isted of Fleetstreet Thomas Pendelton John Grice Thomas Oneby of Aldermanbury William Clowdesly of Fishstreet of whom it is generally and very credibly reported that he was killed about three years after with a piece of Wood called the Cornish of an House upon the blowing up some Houses at the Fire at Paul's-VVharfe Richard Holford of Breadstreet-Hill Cheesemonger VVilliam Long-boat Stephen Colman of Leadenhall-street at the Corner of Limestreet Robert Clavel Book-seller in St Pauls Church-yard and VVilliam Long. The King's Council were The Attorney General The Solicitor General Mr North and Mr Phipps The Attorney General aggravated the matter charged in the Indictment thus Gentlemen of the Jury the Prisoner stands Indicted for Conspiring the death of the late King and for raising Rebellion and consenting to be assisting to the Rebellion then designed I need not tell you what part he acted when he was Sheriff that that was the ground-work of the Rebellion setting the Commonality against the Government of the City Hereupon Mr Cornish said that he was as Innocent as any Man in the Court and the Attorney ironically replyed So was my Lord Russel to his Death Mr Cornish do you remember that Then Colonel Romsey who to the certain knowledge of the Judges and King's Council had perjured himself in the Tryal of my Lord Russel testified that about October or November 1682. he went to Mr Shepherd's House to the Duke of Monmouth my Lord Russel Lord Gray Sr Thomas Armstrong and Mr Ferguson That they were just going away when he came That before they went Alderman Cornish was brought in by Shepherd and made his Excuse that he did not come sooner and said he could not stay with them That thereupon Mr Ferguson opened his Bosome and pull'd out a Paper and read it to him Mr Shepherd holding the Candle and after it was read he said he liked it well That he the said Romsey did not hear all the the Paper read but it was a Declaration to have been dispersed when the Rising was to have been That there were as he well remembred two points in it One was Liberty of Conscience and the other That all who would assist in the Insurrection that had any Lands of the King 's or Churches in the late War should have them restored Mr Goodenough who to capacitate him to be a Witness brought a Pardon for one Treason for which he had been Outlawed and stood awed with the guilt of another He testified that being with Alderman Cornish in the beginning of the year 1683. He said to him Now the Law won't defend us tho' we be never so innocent some other way is to be thought on and that upon this the Alderman said he wondered the City was so unready and the Country so ready That he thereupon told him that something was thought of to be done here but in the first place the Tower ought to be seized That the Alderman after a little pause said I will do what I can or what good I can That some time after the Alderman met him upon the Exchange and asked him how Affairs went which he understood to relatc to what they had discoursed and that he answered him Well But he acknowledged that he had other matters with him about the defence of the Riot Upon this mention of the Riot Justice Wythens reflected saying Mr. Cornish I tell you that was a branch of the Plot take that from me and quickly after he told him something as true viz Mr Cornish you have this Happiness that you will be Tryed by your Fellow Citizens of very good Quality and Understanding I must tell you On behalf of Alderman Cornish there appeared Sr VVilliam Turner Alderman Love Mr Jekil and Mr Gosfright who testified that the Prisoner had great aversion to Goodenough and did oppose his being made Vnder-Sheriff but the Chief Justice slighted their Evidence and Wythens said Mr Jekyl was in a Limb of the Plot one of the greatest of the Rioters Note a Person under the guilt of Treason is allowed for a good Witness but this Learned Judge seems to doubt in the Case of a Rioter Then Sr Thomas Lane testified that in my Lord Russel's Tryal Romsey swore that he did not hear the Declaration read it being done before he came Dr Calamy Mr Carlton Mr Cooke Mr Knap and Mr Smart then spoke to the Life Reputation and Loyalty of the Prisoner It deserves to be noted that after the Evidence given Mr Solicitor did here omit the drudgery which in all other Cases of this nature he underwent by a long florid Speech to impress the Jury in the matter here it sufficed that Judge Wythens had just before passed his word that this Jury was composed of Citizens of very good quality and understanding therefore they might be trusted well enough knowing what they had to do The Lord Chief Justice Jones who had in the whole proceeding of the Tryal discovered sufficient tartness sumed up the Evidence to the Jury Then The Jury being withdrawn the Prisoner informed the Court that he had omitted to call one material Witness whereupon the Jury being returned Mr Shepherd testified That Mr Cornish came into his House to speak with the Duke of Monmouth or some other person he could not positively after so many Years say whom and did not stay half a quarter of an Hour That Shepherd went up Staires and came out of the Room with him and that there was not one Word read or Paper seen while Mr Cornish was there That he was not look'd upon to be one of the Company But before he came Mr Ferguson had pull'd off his Shooe and took the Declaration out there and read it and Mr Cornish knew nothing of