Sacred Majesty for which he had been Arraigned the day before and pleaded Not Guilty And therefore his Jury being Imparinelled and none of them challenged by him the same was read now to them viz. Sir Philip Matthews Sir Reginald Foster Sir John Kirke Sir John Cutler Sir Richard Blake John Bifield Esq Simon Middleton Esq Thomas Cross Esq Henry Johnson Esq Charles Vmphrevil Esq Thomas Eaglesfield Esq William Bohee Esq To this Indictment Sir Creswel Levins Serjeant Maynard and the Attorney General briefly spoke The Attorney General giving this Account why they chose first to bring this Man to trial That it was to convince those who believed all Designs against the King's Person by any Papist was but a Fiction this Man being a Papist and having said these words even since the discovery of the Plot. And for the proof hereof then appeared William Casters who deposed That on the 14th Instant about 11 a Clock in the Day he saw Stayley with another a Frenchman in a Victualling-house who called for a Pot of Ale and a Slice of Roast-Beef which when it was called for his Landlord said it should be brought him He was in another Room opposite to him both the Doors being open Stayley standing at one Door and he at the other his Face strait towards him and within 7 or 8 foot of him and discoursing with the French-man he heard Stayley twice over in French say The King was a Grand Heretick making his Demonstration with his Hand upon his Breast stamping five or six times with his Foot in great fury That the old Man Fromante his Friend said That the King of England was a Tormenter of the People of God and that Stayley answered again in a great fury He is a great Heretick and the greatest Rogue in the World There 's the Heart and here 's the Hand that would kill him And the King and Parliament think all is over but the Rogues are mistaken Then stamping said I would kill him my self I would kill him my self Then Alexander Southerland deposed that he also was there and perfectly saw Stayley while he Apoke those words which presently he writ down in French as they were spoken And then the Prisoner being gone they enquired his Name and where he live and the next day got him apprehended The third Witnes was one Philip Garret who not understanding French could only depose That being with the other two he heard Stayley speak Whereupon his Captain William Casters cam to him in a great passion and said he could not suffer it he would run upon him he could not be quiet To all which the Prisoner made but a weak Defence relating the manner of his Apprehension and saying That his discourse with Fromante was about the King of France and that he said he would kill himself instead of I will kill him my self alleadging his Loyalty and protesting his Innocence and how that the Witnesses after his apprehension would have had him took it up Then the Statue of Decimo tertio was read and Sir John Kirke one of the Jury who understood French attested that Translation of his words to be true Then the Prisoner's Witnesses were called who were one Anselm the Master of the Cross-Keys in Covent-Garden where the Prisoner was brought when he was apprenhended who deposed That they kept him in his House from 8 till 11 without any Constable Which the Witnesses answered was because they could get no Constable to come along with them without a Warrant from a Justice of Peace and that they sent to White-hall and desired a Guard but the Officer said it was the Constables part Another Witness appeared for the Prisoner who testified that he had often heard him declare much Loyalty to his Prince and an aversion to the Jesuits insomuch that if he knew any of the Persons concerned in this Plot he would be their Executioner himself and that he would lose his Blood for the King But the Ld. Ch. Justice reply'd That was his discourse only when he spoke to a Protestant Then the Prisoner having no more Witnesses nor any thing more to say for himself the Ld. Ch. Justice made a Speech to the Jury setting forth the Treasonableness of the Words and the manner of speaking them and the plainness of the Proof with great zeal against the Jusuits and their Tenants whom he look'd upon as the Foundations of all this Mischief excusing his warmness saying 'T was better to be warm here than in Smithfield and that he hoped he should never go to that Heaven where Men are made Saints for killing Kings The Jury then presently brought the Prisoner in Guilty who said he had nothing more to say so Sentence was pronounced against him to be Hang'd Drawn and Quartered and the same was accordingly executed upon him at Tyburn on Tuesday following being Novemb. 26. It was his Majesty's pleasure because of the Prisoner's seeming Penitence and his Relations humble Petition to suffer his Body to have a decent private Burial But his Friends abusing this gracious Favour with a publick and more than ordinary Funeral Pomp his buried Quarters were ordered to be taken up and to be disposed by the Common Executioner upon the Gates of the City The Trial of Edward Coleman Gent. at the King's-Bench Bar on Wednesday Novemb. 27. 1678. HE then and there appearing having been Arraigned the Saturday before his Indictment was read to the Jury viz. Sir Reginald Forster Bar. Sir Charles Lee. Edward Wilford Esq John Bathurst Esq Joshua Galliard Esq John Bifield Esq Simon Middleton Esq Henry Johnson Esq Charles Vmfrevile Esq Thomas Johnson Esq Thomas Eaglesfield Esq William Bohee Esq His Indictment was for endeavouring to subvert the Protestant Religion and introduce Popery and kill the King Whereto he having pleaded Not Guilty Mr. Recorder Serjeant Maynard and then the Attorney General severally spoke opening the Nature and shewing the heighnousness of the Crimes therein charg'd upon the Prisoner After which the Prisoner praying for a favorable Trial and professing that he had confessed all the Truth in the Examinations that had been made of him in Prison and that he gave over his Corresponding beyond-Seas in 75. Dr. Oates was called forth who deposed That in November last he visiting one John Keins his Father Confessor lodging at Mr. Coleman's House in Stable-Yard Mr. Coleman by him understanding that he was going to St. Omers told him That he would trouble him with a Letter or two thither and would leave them with one Fenwick Procurator for the Jesuits in London Which Letters he carried to St. Omers being directed for the Rector there and was at the opening of them The out-side Sheet was a Letter of News and in it Expressions of the King calling him Tyrant and that the Marriage between the Prince of Orange and the Lady Mary would prove the Traytor 's and Tyrant's Ruin In it was a Latin Letter to Father Le-Chese writ by the same Hand giving
endeavours to have over-ruled without so much as hearing the Prisoners Counsel for the maintaining it for that they said it was nought because it produced no Record of his Impeachment and did not specify what the High-Treason was for which he was Impeached and that the King had Power to proceed on an Impeachment or Indictment for the same thing at his Election Nevertheless the Attorny General demurred and the Prisoner joined in the Demurrer And then after much arguing a Day was given to argue the Plea till Saturday May. 7. At which time the Attorny General added to the Exceptions he took to the Plea Whether a Suit in a Superior Court can take away the Jurisdiction of the Cause of the Person and of the Fact at the time of the Fact committed To maintain the Plea Mr. VVilliams of Counsel for the Prisoner in a very long and learned Discourse first spoke stating the Prisoner's Case upon the Indictment the Plea to the Indictment and the Demurrer to the Plea Alledging the Difference of an Impeachment from an Indictment and offering some Reasons why this Court ought not to proceed upon this Indictment Then answering distinctly Mr. Attorney's Exceptions to the Plea producing some Presidents of this Courts Prosecution being stop'd by Pleas to the Jurisdiction shewing what had been done upon those Pleas What Doom they had Laying before the Court the Right of the Commons to Impeach in Parliament the Judicature of the Lords to determine that Impeachment and the Method and Proceedings of Parliament submitting it to them how far they would lay their Hands on this Case thus circumstantiated Here the Ld. Ch. Justice declared That all these Things were quite foreign to the Case and the Matter in Hand only was Whether this Plea as thus pleaded was sufficient to protect the Prisoner from being questioned in this Court for the Treasonable Matter in the Indictment before them To which Mr. VVilliams reply'd That 't was an hard matter for the Bar to answer the Bench. After which Sir Francis Winnington pleaded That he conceived that it was confessed by the Demurrer that there is an Impeachment by the Commons of England of High-Treason against Fitz-Harris lodged in the House of Lords Secundum Legem consuetudinem Parliamenti And that the Treason for which he was impeached is the same Treason contained in the Indictment So that now the general Question was Whether an Impeachment for Treason by the House of Commons and still depending were a sufficient Matter to oust the Court from proceeding upon an Indictment for the same Offence Which he learnedly endeavoured to make good by several Reasons as well as Presidents Mr. Wallop pleaded next on the same side whose Province was to prove That the Treason in the Impeachment and in the Indictment was the same and that this was well averred in the Plea Mr. Pollexfen pleaded That a general Impeachment in Parliament was a good Impeachment and the Judges had declared so to the King and Council concerning the five Popish Lords who could not therefore be tried upon Indictments so long as general Impeachments were depending for the same Treason and that therefore this Plea was good both as to Matter and Form c. In reply to vitiate the Plea it was insisted on by Mr. Attorn Gen. Mr. Sol. Gen. Serj. Jefferies and Sir Francis VVithens of Counsel for the King that the Plea concluded not in the usual Form That perhaps this Matter if the Prisoner had been acquitted upon the Impeachment might have been pleaded in Bar to the Indictment but it was not pleadable to the Jurisdiction of the Court That in the Case of the five Lords the Indictments were removed into the House of Lords and that the Judges Opinion given at the Council-Board was not a Judicial Opinion nor did any way affect this Cause After which the Ld. Ch. Justice thought fit not to give present Judgment but to take time for Deliberation Whereupon the Prisoner was carried back to the Tower And on Tuesday May 10. Mr. Attorney moved the Court to appoint a Day for their Judgment on the Plea and for Fitz-Harris to be brought up which they appointed to be the next Morning Accordingly on Wednesday Morning May 11. the Prisoner being brought to the Bar the Ld. Ch. Justice deliver'd the Opinion of the Court upon Conference had with other Judges That his Brother Jones his Brother Raymond and himself were of Opinion that the Plea was insufficient his Brother Dolben not being resolved but doubting concerning it and therefore awarded the Prisoner should plead to the Indictment which he did Not Guilty and his Trial ordered to be the next Term. The Trial of Edward Fitz-Harris at the King's-Bench Bar at Westminster before the Lord Chief Justice Pemberton on Thursday June 9. 1681. THE Prisoner then and there appearing after several Challenges made for the King the Jury sworn were Thomas Johnson Lucy Knightly Edward Wilford Alexander Hosey Martin James John Viner William Withers William Cleave Thomas Goffe Ralph Farr Samuel Freebody John Lockier To whom the Indictment was read which was for High-Treason in conspiring the Death of the King and subversion of the Government the which Mr. Heath Serj. Maynard and Mr. Attorn Gen. opened And then Mr. Everard deposed How the Prisoner was with him on Monday Feb. 21. 1681. having a little before been with him to renew the Acquaintance which had been between them while they were both in the French King's Service and to perswade him to re-ingratiate himself into the French and Popish Interest and gave him by word of Mouth Heads to write a Pamphlet to scandalize the King raise Rebellion alienate the Hearts of the People and set them together by the Ears Whereupon he acquainted one Mr. Savile of Lincolns-Inn Mr. Crown Mr. Smith and Sir William Waller with it And the next day Mr. Fitz-Harris coming again to his Chamber in Grays-Inn he convey'd Mr. Smith into a Closet Sir William Waller failing to come where he both saw and heard the Prisoner ask him What he had done as to the Libel and give him further Instructions about what to write viz. That the King was Popishly Affected and Arbitrarily Inclined That King Charles the First had an Hand in the Irish Rebellion and King Charles the Second did countenance the same c. That the People should therefore be stirred up to rebel especially the City c. That the Day after he coming again he had convey'd Sir William Waller into the next Room where he also might both hear and see shewing him to Copies of what he had drawn up which he marked that he might know them again and see what alteration would be made That Fitz-Harris did them read one of the Copies and amended it adding some things and striking out other things saying The Libel was to be presented to the French Ambassador's Confessor and he was to present it to the French Ambassador and that it was to beget a
and Riot The Trial of Capt. Thomas Walcot at the Old-Baily London on a Commission of Oyer and Terminer held there for the City of London and County of Middlesex on Thursday July the 12th 1683. THen and there the Prisoner was Arraign'd together with William Hone John Rouse and Capt. William Blague upon an Indictment for High-Treason for conspiring the Death of the King and raising a Rebellion in this Kingdom To which he pleaded Not Guilty with the other three And after some Exceptions the following Jury was Sworn Nicholas Charlton Christopher Pitts Robert Beddingfield John Pelling William Winbury Thomas Seaton William Rutland Thomas Short Theophilus Man John Genew John Short and Thomas Nicholas To whom the Indictment being read Mr. North of Counsel for the King in this Cause opened the same and Mr. Attorney-General Mr. Serjeant Jefferies and Mr. Sollicitor-General opened the Evidence And then Col. Rumsey deposed That about the latter end of October or beginning of November he was sent by the Lord Shaftsbury to Mr. Shepherd's House near Lombard-street to the D. of Monmouth Lord Russel Lord Grey and Sir Thomas Armstrong to know of them what was done about raising Arms at Taunton who told him that Mr. Trenchard had failed them about the Men and they could proceed no further at that time Whereupon the Lord Shaftsbury said there was no dependance upon those Gentlemen and so prepared to be gone for Holland That about a fortnight or three Weeks afterwards there was a meeting at Mr. West's Chamber where was Mr. West Mr. Goodenough Mr. Wade and another where the taking off the King and the Duke was proposed as the surest way and for that end Mr. Ferguson was writ for out of Holland who came over upon that Letter and Capt. Walcot with him upon Ash-Wednesday And they had several meetings about getting a sufficient number of Men and Mr. Goodenough and Mr. Rumbold brought Notes of many Names and Capt. Walcot was then present and undertook to be one of the Men that should help to kill the King at Rumbold's House near Hodsden in Hertfordshire as he should come from New-Market the Saturday before Easter but Capt. Walcot refused to have an hand in attacking the Coach only he would command a Party that should charge the Guards For there was to be several Parties one small Party was to have killed the Postillion another to kill the Horses and Mr. Rumbold with a certain number to seize the Coach and Captain Walcot the Guards but the Fire at New-Market causing the King to return on the Tuesday before Easter they could not have their Men in a readiness and so were disappointed Immediately upon this it was resolved on in another meeting whereat the Prisoner was that Money and Arms should be provided and Mr. Ferguson undertook the raising of Money and Mr. West the buying of Arms therewith and Mr. Goodenough and Mr. Rumbold the providing of Men to be in a readiness against the first opportunity that happened further designing to kill the King as he came from Windsor to London or from Windsor to Hampton-Court or the Play-House and that Mr. West did tell him he did buy Arms and received 100 l. of Mr. Ferguson for them That the Thursday before the Discovery they met at the Salutation in Lombard-street where was Captain Walcot Mr. West Mr. Wade the two Goodenough's Mr. Nelthrop and himself discoursing about the Division of the City into 20 parts 7 of which Mr. Goodenough gave an account of That on the Saturday following they appointed another meeting at the George on Ludgate-hill but the Discovery coming out there met only four of them And the Monday after the Discovery they met again at Capt. Tracy's there being the Prisoner Mr. West Mr. Wade Mr. Nelthrop the two Goodenough's and Mr. Ferguson who exclaimed against Keeling and resolved to be gone Then Mr. Keeling being Sworn related how before the King went to New-Market he was drawn in by Goodenough and provided Burton Thompson and Barber to join in killing the King whom Rumbold encouraged thereto by telling them the conveniences of his House for that purpose being a lone House and having a Court-Wall using this as an Argument That to kill the King and the D. of York would be a keeping one of the Commandments because unless that were done there would be a great deal of Blood-shed committed telling them the way how they designed to effect it as before and if this way failed then there should be Men in the Habit of Countrey-men with a Cart in the Lane who should run the Cart a-thwart the Lane and so stop the Coach That at the Dolphin-Tavern in Bartholomew-Lane where were Rumbold West Goodenough and Hone the Joyner he heard West talking to Rumbold about the King 's returning from New-Market asking him how many Swan-Quills Goose-Quills and Crow-Quills with Sand and Ink he must have To which was answered 6 Swan-Quills 20 Goose-Quills and 20 or 30 Crows-Quills saying that by Swan-Quills was meant Blunderbusses by Goose-Quills Muskets and by Crows-Quills Pistols and by Sand and Ink Powder and Bullets That he was at the Salutation-Tavern in Lombard-street with the Prisoner and others the Thursday before the Discovery where some of them call'd him Gulick there being then a Report of one Gulick that headed a Rising at Cologn Mr. West telling him that Gulick in Dutch was Keeling in English and that he hoped to see him at the Head of as good an Army in Wapping as Gulick was at Cologn which was all he could say as to the Prisoner He gave them a further account how Goodenough gave him 3 Papers of 3 Divisions of the City one for himself and the other 2 for whom he could trust advising him to take 9 or 10 Men to his Assistance who were to ask several Persons Supposing that the Papists should rise or be a French Invasion Are you in a Posture of Defence Which was all they were to communicate and by this means feel them and see how many Men could be raised telling him moreover of a Design to kill the King and the Duke at the Bull-Feast and lay it upon the Papists as a Branch of the Popish Plot and that one was drawing a Declaration to take away the Chimney-Money that so the common People might fall in with them more readily Saying that it was trouble of Mind caused him to make this Discovery which he did to one Mr. Peckham who brought him to the Lord Dartmouth and thence to Mr. Secretary Jenkins Acknowledging himself to be the Person who arrested the Lord-Mayor and that Goodenough did tell him that the Design was to secure the Lord-Mayor and the Sheriffs and the Tower Then Mr. Zachary Bourne depos'd That he came acquainted with the Prisoner by means of Mr. Ferguson who lodg'd at his House That he was at their Meeting at the Dragon upon Snow-hill where the Prisoner was and their Discourse was about a Design of raising and dividing the
1684. was brought from thence by Habeas-Corpus to the Bar at the King's-Bench at Westminster where being Arraign'd he was told of his being Indicted and Outlaw'd and thereby Attainted for High-Treason and ask'd what he had to say why Execution should not be awarded against him upon that Attainder To which be reply'd that since he had made an Ingenuous Confession to his Majesty of all that he knew of any manner of Conspiracy against him he hoped That would render him Capable of Mercy and Pardon Upon which the Attorny-General offer'd him a Trial that if he had any thing to say he Defend himself from the Indictment but he Confessing himself Guilty of many things therein declin'd it and threw himself wholly upon the King's Mercy But the Court telling him that the King was the Dispenser of his own Mercy and that they were only to Execute his Justice gave a Rule for his Execution upon Wednesday Sevennight after there being no other Judgment to be pronounced in such Cases as the Court told the Attorny-General when he moved for it the Outlawry it self being the Judgment Which accordingly was Executed upon him on Wednesday the 30th of April 1684. at Tyburn Proceedings in the Court of King's-Bench against Sir Thomas Armstrong June 14. 1684. Sir George Jefferies being Lord Chief Justice SIR Thomas Armstrong Kt. was upon the 14th of June 1684. brought by a Writ of Habeas-Corpus from Newgate to the Bar of the Court of King's-Bench at Westminster and there Arraign'd upon an Outlawry of High-Treason for conspiring the Death of the King c. And being ask'd what he had to say for himself why Sentence should not be awarded against him upon that Attainder pleaded his being beyond-Sea at the time of the Outlawry and desired to be tried upon the Indictment Which the Court refusing to grant him he pleaded the Statute of the 6th of Edw. the 6th which gives the Person Outlaw'd a Year's time to reverse the Outlawry and desired it might be read which accordingly was done But it appearing by the Statute That the Person Outlaw'd ought to render himself to the Chief Justice of England within a Year's time Sir Thomas was told this did not concern him for he had not rendred himself but was taken and brought thither against his Will To which he answered That the Year was not then expir'd fie was there and did now render himself and pray'd Counsel might be assign'd him to argue it in Point of Law but the Court over-rul'd him in it telling him There was no such Doubt or Difficulty in the Matter as to need any such thing Upon which insisting much upon his Innocency and offering to make proof of it if he might be admitted to a Trial he produc'd Holloway's Case as a Precedent for it who had but a little before been offer'd it at the same Place but the Court told him that what had been done therein was meerly from the King's Grace and Mercy and that the King might extend the same Mercy to him also if he so pleas'd but since he had not done so and it not being their Business they must proceed to award Execution upon the Outlawry Upon which Mrs. Matthews Daughter to the Prisoner call'd out to the Court not to Murder her Father For which the Chief Justice caus'd her to be committed to the Marshal and accordingly she wishing that God Almighty's Judgments might light upon them was carried away the Chief Justice saying That he thanked God he was Clamour-proof After which the Attorn Gen. offered to shew the Reasons why the King extended that Grace to Holloway but ought not to extend it to Sir T.A. as not at all deserving any sort of Indulgence or Mercy but that having relation to the Evidence and not to the Outlawry the Court refus'd to hear any thing of it and so proceeded to give a Rule for his Execution the Friday following telling him upon his earnest pressing to have the Benefit of the Statute he had cited the he should have the Full Benefit of the Law And accordingly on Friday the 20th of June he was Executed at Tyburn Mrs. Matthews upon a Petition being before releas'd out of Custody without Fees The Trial between Sir William Pritchard Kt. and Alderman of the City of London Plaintiff and Thomas Papillon Esq Defendant in an Action upon the Case at the Sessions of Nisi Prius holden for the Court of Kings-Bench at the Guild-hall in the City of London on Thursday the 6th of November in Michaelmas Term in the 36th Year of the Reign of King Charles the Second 1684. Before Sir George Jefferies Kt. and Baronet then Lord Chief Justice of the said Court of Kings-Bench SIR William Pritchard late Lord Mayor of the City of London having in Easter Term last brought an Action upon the Case for falsly maliciously and without probable cause procured him to be arrested and imprisoned in his Mayoralty against Thomas Papillon Esq The Defendant pleaded Not Guilty and thereupon issue being joined it came this day to be tried before the Lord Chief Justice Jefferys and the Jury sworn to try this Cause were these Bartholomew Ferryman Thomas Blackmore Thomas Symonds William Whatton John Green Thomas Amy Joseph Baggs Daniel Chandler John Reynalds John Allen Joseph Caine William Withers jun. Then Mr. Munday being of Counsel for the Plaintiff opened the Case to which Mr. Attorney General added something And then Mr. Solicitor General called Mr. Keeling who being sworn deposed That on April the 24th he being sent for by a Letter from Mr. Goodenough came to Mr. Russel's a Cooks-shop in Iron-monger-lane to meet him where were 30 or 40 Persons together By whom while he was gone for a little while his Name was put into a Warrant to be a special Bailiff to arrest the Lord Mayor which he seeming unwilling to do was urged thereto for fear of displeasing the Discontented Party which he said were such as he and the Goodenoughs were of even such as would have killed the King and the Duke that being prevailed upon he went along with the Coroner Mr. Burton and Mr. Francis Goodenough to Grocers-hall where Sir William Pritchard kept his Mayoralty to whom the Coroner came up and said he had a Warrant against him and therefore pray'd him to give an Appearance at the Suit of Mr. Thomas Papillon and another at the Suit of Mr. John Dubois whereupon some Words passed between them and the Lord Mayor refusing to give any Appearance the Coroner bid us execute our Warrants upon which he came up to the Lord Mayor and touched him upon the Shoulder telling him that he did arrest him at the Suit of Thomas Papillon Esq and one Ferdinando Burley arrested him then again at the Suit of Mr. John Dubois and then the Coroner dismissing them and taking the Lord Mayor into his own Custody he went thence to Sir Henry Tulse's and arrested him also Then Sir Henry Tulse being called and sworn deposed that about