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B30874 The tryals of Henry Cornish, Esq for conspiring the death of the King, and raising rebellion in this kingdom : and John Fernley, William Ring, and Elizabeth Gaunt for harbouring and maintaining rebels, at the Sessions-house in the Old-Bailey, London and County of Middlesex, on Monday, Octob. 19, 1685. Cornish, Henry, d. 1685.; Fernley, John, d. 1685.; Ring, William, d. 1685.; Gaunt, Elizabeth, d. 1685. 1685 (1685) Wing T2250A 67,831 45

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THE TRYALS OF Henry Cornish Esq FOR CONSPIRING The Death of the King And raising a REBELLION IN THIS KINGDOM AND Iohn Fernley William Ring and Elizabeth Gaunt For Harbouring and Maintaining REBELS AT THE Sessions-House in the Old-Baily London on a Commission of Oyer and Terminer held there for the City of London and County of Middlesex on Monday Octob. 19. 1685. LONDON Printed and Sold by George Croom at the Sign of the Blue-Ball in Thames-street near Baynard's Castle MDCLXXXV I Do appoint George Croom Printer to Print and Publish the TRYALS of HENRY CORNISH JOHN FERNLEY WILLIAM RING and ELIZABETH GAVNT and that no other do presume to Print the same December the 1st 1685. THO. JONES THE TRYALS OF John Fernley William Ring Elizabeth Gaunt and HENRY CORNISH Esquire Indicted for HIGH-TREASON MOnday Octob. 19th 1685. at the Sessions-House in the Old-Bayly London The Court being met and Proclamation made for Attendance the Proceedings were as follow Clerk Set John Fernley to the Bar. Which was done Cryer O Yes All manner of Persons are commanded to keep silence upon pain of Imprisonment Clerk John Fernley hold up thy hand Which he did Thou standest indicted by the Name of John Fernley Middlesex THE Jurors for our Sovereign Lord the King upon their Oaths do present That John Fernley of the Parish of St. Mary Matfellon otherwise White-Chappel in the County of Middlesex Barber as a false Rebel and Traitor against the most Illustrious and most excellent Prince King James the Second by the Grace of God of England Scotland France and Ireland King and his natural Lord not having the fear of God in his Heart nor his due Obedience any wise regarding but being moved and seduced by the Instigation of the Devil and his faithful Duty and natural Obedience which a true and loyal Subject ought to have towards his said Lord the King and by Law ought to observe utterly withdrawing and intending with all his Endeavours the Peace and Tranquillity of this Kingdom of England to disturb and War and Rebellion against our said Lord the King to incite and move and the Government of our said Lord the King in this Kingdom of England to subvert and our said Lord the King from his Title Honour and Regal and Imperial Crown of this his Kingdom of England to depose and deprive and our said Lord the King to Death and utter Destruction to bring the 20th day of August in the Year of the Reign of our Sovereign Lord James the Second by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. the first and divers other days as well before as after at the Parish of St. Mary Matfellon otherwise called White-Chappel in the County of Middlesex falsly maliciously devilishly and traiterously with divers Rebels and Traitors to the Jurors aforesaid unknown did conspire imagine and intend our said Sovereign Lord the King now his supreme and natural Lord not only of his royal State Title Power and Government of this his Kingdom of England to deprive and depose but also the same Lord the King to kill and murder and the ancient Government of this Kingdom of England to change alter and totally subvert and a miserable Slaughter amongst the Subjects of our Lord the King throughout all this his Kingdom of England to cause and procure and ●n Insurrection and Rebellion against our Lord the King to procure promote and assist and the same his most wicked most inhumane and most devilish Treasons and Conspiracies Purposes and traiterous Imaginations to fulfill and to effect he the said John Fernley as a false Traitor then and there viz. on the said 20th day of August in the Year of the Reign of our said Lord the King the first as aforesaid at the Parish aforesaid in the County aforesaid well knowing one James Burton to be a false Traitor and as a false Traitor traiterously to have conspired and imagined the Death and utter Destruction of our said Lord the King and War and Rebellion against our said Lord the King within this Kingdom of England traiterously with divers other Rebels to the Jury unknown to have levied and stirr'd up he the said John Fernley afterwards viz. on the said 20th day of August in the Year of the Reign of our said Lord the King now the first aforesaid at the Parish aforesaid in the County aforesaid the said James Burton in the Mansion house of him the said John Fernley situate in the Parish and County aforesaid knowingly secretly wickedly devilishly and traiterorsly did harbour conceal comfort sustain and keep and then and there for the comforting sustentation and maintenance of the said James Burton the said John Fernley Meat and Drink to the said James Burton maliciously and traiterously did give and deliver and did cause to be given and delivered against the Duty of his Allegiance against the Peace of our said Lord the King his Crown and Dignity and also against the form of the Statute in the like case made and provided c. Clerk How sayest thou John Fernley art thou guilty of the High-Treason whereof thou standest indicted or not guilty Fernley Not guilty Clerk Culprit how wilt thou be tryed Fernley By God and my Country Clerk God send thee a good Deliverance Set William Ring to the Bar. Which was done William Ring Hold up thy hand Which he did Thou standest indicted by the Name of William Ring of the Parish of St. Clements Danes in the County of Middlesex Taylor Middlesex THE Jurors for our Sovereign Lord the King do present upon their Oaths That William Ring late of the Parish of St. Clements Danes in the County of Middlesex Taylor as a false Traitnr against the most Illustrious and excellent Prince James the Second by the Grace of God of England Scotland France and Ireland King and his natural Lord not having the fear of God in his heart nor the duty of his Allegiance any ways weighing but being moved and seduced by the instigation of the Devil and the true due and natural Obedience which true and faithful Subjects of our said Lord the King towards our said Lord the King should and of right ought to bear wholly withdrawing and with his whole strength intending the Peace and common Tranquillity of this Kingdom of England to disquiet molest and disturb and War and Rebellion against our said Lord the King within this his Kingdom of England to incite and stir up and the Government of our said Lord the King in this his Kingdom of England to subvert and our said Lord the King from his Title Honour and regal Name of his Imperial Crown of this his Kingdom of England to depose and deprive and our said Lord the King to Death and final Destruction to bring and put the 20th day of July in the first Year of the Reign of our Sovereign Lord James the Second by the Grace of God of England Scotland France and Ireland King
THat Henry Cornish late of the Parish of St. Michael Bassishaw London Merchant as a false Traitor against the most Illustrious Prince Charles the second late King of England Scotland France and Ireland Defender of the Faith then his natural Lord not having the fear of God in his Heart nor weighing the Duty of his Allegiance but moved and seduced by the Instigation of the Devil and the cordial Love and true due and natural Obedience which a true and faithful Subject of our late Sovereign Lord the King towards our late Sovereign Lord the King should and of right ought to bear altogether withdrawing and minding and with all his strength intending the Peace and common Tranquillity of this Kingdom of England to disquiet molest and disturb and War and Rebellion against our late Sovereign Lord the King within this Kingdom of England to stir up move and procure and the Government of our said late Sovereign Lord the King of this Kingdom of England to subvert change and alter and our said late Sovereign Lord the King from the Title Honour and Kingly Name of the Crown Imperial of this Kingdom of England to depose and deprive and our said late Sovereign Lord the King to Death and final Destruction to bring and put the 30th day of May in the 35th Year of the Reign of our said Sovereign Lord the King and divers other days and times as well before as after at the Parish of St. Michael Bassishaw London falsly maliciously devilishly and traiterously with divers false Traitors to the Jurors unknown did conspire compass imagine and intend our said late Sovereign Lord the King his supream and natural Lord not only of his Kingly State Title Power and Government of this Kingdom of England to deprive and throw down but also the said late King to kill and put to Death and the ancient Government of this his Kingdom of England to change alter and altogether subvert and a miserable Slaughter amongst the Subjects of our late Lord the King thorough this Kingdom of England to cause and procure and Insurrection and Rebellion against our said late Lord the King to procure promote and assist And the same most wicked and devilish Treasons and traiterous Compassings Imaginations and Purposes aforesaid to fulfil perfect and bring to effect He the said Henry Cornish as a false Traitor then and there to wit the said 30th day of May in the Year aforesaid at the Parish and Ward aforesaid falsly maliciously and traiterously knowing James the late Duke of Monmouth William Russel Esq and Thomas Armstrong Knight and divers other Rebels and Traitors then lately before in the Parish and Ward aforesaid within the said City of London falsly unlawfully devilishly and traiterously to have conspired the Death and final Destruction of our said late Sovereign Lord the King he the said Henry Cornish as a false Traitor then and there to wit the said 30th day of May in the Year aforesaid within the Parish and Ward in the said City of London falsly unlawfully wickedly and traiterously ●●d promise to the said divers false Traitors and Rebels then and there present That he the said ●●●n●y Cornish would be aiding and assisting in the Treasons aforesaid to be done perfected 〈◊〉 brought to effect against the Duty of his Allegiance against the Peace and against the ●●●m of the Statute c. Clerk How say'st thou Henry Cornish art thou guilty of this high Treason where of thou standest indicted or not guilty Mr. Cornish This is an heinous Charge Counsel Answer You know you must answer Mr. Cornish I am perfectly innocent Counsel Are you guilty or not guilty You must take the Words Mr. Cornish Not guilty Clerk Culprit how wilt thou be tryed Mr. Cornish By the great God of Heaven and my Country Clerk God send thee a good Deliverance L. C. J. Jones I don't know in what state things are here in the Court I can't tell whether there be a Jury returned or not Clerk He is arraigned L. C. J. Jones Why don't you go on with the Jury Mr. Cornish My Lord I humbly pray your Lordship I have some ground for it L. C. J. Jones You shall be heard in good time Sir Mr. Cornish My poor Children last night preferr'd a Petition to His Majesty and he was pleased to refer it most graciously to my Lords the Judges and I now make my Application to Your Lordships L. C. J. Jones Have you any Answer to the Petition from the King Mr. Cornish It was referred to your Lordships the Judges to consider my Case L. C. J. Jones We may hear more of your Business anon when Mr. Attorney and Mr. Solicitor do come we will stay here till they come to know whether there be any Order from the King to them concerning you Mr. Cornish My Lord I hope it will not be offensive if I should acquaint your Lordships what Usage I have met with since I have been under Confinement I have been under very close Confinement I had no notice of my Try till about Twelve a Clock on Saturday no Friend came to me till Eight a Clock at night and I had no time for preparation for my Tryal My Lord these are hard things but tho' I am denied Counsel I trust in God I shall not need Counsel for I hope if your Lordship pleases to allow me time to clear my self of all matters and I hope with such Satisfaction to your Lordships that you will acquiesce in whatsoever I shall lay before your Lordships I do not come to make an Harangue and Talk my case was such that I had neither Pen Ink nor Paper Mr. Just Withins Mr. Cornish Mr. Attorney and Mr. Solicitor will come we must hear them L. C. J. Jones You shall be heard in your proper time it is a strange thing you won't be satisfied you shall be heard I tell you in your proper time Mr. North. We have arraign'd one Fernley if you please to try him who with Ring was brought to the Bar. Clerk You the Prisoners at the Bar those Persons you shall hear call'd and appear are to pass between our Sovereign Lord the King and You upon your several Lives and Deaths if you will challenge them or any of them your time is to challenge them when they come to the Book to be sworn before they be sworn Cryer O Yes all manner of Persons are commanded to keep silence upon pain of Imprisonment The Middlesex Jury Nehemiah Arnold Francis Stevens Richard Fisher John Howlet John Vigares Samuel Birch William Thompson William Read Samuel Peacock Richard Fitz-gerrard Richard Bromfield John Haynes Cryer O Yes If any one can inform my Lords the King's Justices the King's Serjeant or the King's Attorney before this Inquest be taken between our Sovereign Lord the King and John Fernley and William Ring the Prisoners at the Bar let them come forth and they shall be heard for now the Prisoners stand at the Bar upon their
in his life What can a man imagine of that man that had no dealing with the Duke of Monmouth to find him out in a place where no mortal could know and none was to know and coming to him at that time and at that place under those circumstances of concealment no man almost but out of his own mouth must believe that he was privy to that Conspiracy therefore though this Witness doth seem to forget some part of the Evidence the reading the Declaration and holdding the Candle yet these are such circumstances that in themselves do carry a proof of the Charge and do confirm all the rest that the Witness hath said and this must be a great satisfaction to you that he was there present and privy to that Design And so I leave it to your Consideration Then the Jury withdrew for a short time and returning brought Mr. Cornish in Guilty and found 140. l. for the King in Mr. Sheppards hands Clerk Set Elizabeth Gaunt to the Bar which was done Cryer O yes all manner of Persons are commanded to keep silence whilst Judgment is giving upon pain of Imprisonment Clerk Elizabeth Gaunt hold up thy hand thou standest guilty of High-Treason c. Recorder You Elizabeth Gaunt you have here been indicted for that great Crime of High-Treason and that particular part of it for harbouring and comforting and assisting and cherishing of Traytors more especially of one Burton you have had your Tryal and a very fair Tryal and upon that the Jury have found you Guilty It is the Duty of my Place to pronounce the Sentence the Law hath provided for such high Crimes as these are and that is no other but this That you are to be carried back to the place from whence you came from thence you are to be drawn upon a Hurdle to the place of Execution and there you to be burnt to death and the Lord have mercy upon your soul Mrs. Gaunt I say that this Woman did tell several untruths of me Recorder Is that all you have to say Mrs. Gaunt I don't understand the Law Clerk Bring Henry Cornish to the Bar. Henry Cornish hold up thy hand c Mr. Cornish My Lord now the Law hath past upon me I do humbly pray your Lordship and this Honourable Bench that you would be pleased to intercede for me with his Majesty I shall lead a peaceable quiet and dutiful life and I hope when you come to reflect upon what hath been said to day that perhaps you will be of another mind and have more Charity for me than you had upon my Tryal for in the simplicity of my heart and in the presence of God I do declare I am innocent and if your Lordship and this Honourable Bench intercede with his Majesty it will be an eternal Obligation upon me and I shall live faithfully peaceably and loyally as long as I live I presume to beg this and I promise my self and hope it will stir up the hearts of some Persons that they will not leave me destitute of friends in such a Case as this having a Wife and several Children it will be an act of Charity Recorder The Court does give you your request and if there be any misery brought upon your Family it is done by your self Clerk William Ring hold up thy hand c. Mr. Ring I had no notice given me an 't please your Lordship Recorder Where is the Executioner is he here Executioner Yes Recorder Why don't you do your Duty to Mr. Cornish Clerk John Fernley hold up thy hand thou standest Convicted of High-Treason for Trayterously harbouring one James Burton What canst thou say for thy self c. Mr. Fernley It is very hard measure I have had I have nothing to say but the King's mercy Recorder Is that all you have to say Mr. Fernley I have nothing but the King's mercy Recorder Tye him up then tye him up Cryer O yes all manner of Persons are commanded to keep silence whilst Judgment is giving upon pain of Imprisonment Recorder You the several Prisoners at the Bar you have been severally indicted here of the High Crime of Treason for you Mr. Cornish I apply my self first to you your crime is for Treason that was committed in his late Majesties life time being one of those notorious Conspirators that designed to raise Rebellion and others some of them immediately designed the life of his Majesty that then was and his present Majesty that was the design of some of them and others they had another part that was to raise Rebellion and particularly some of them in and about this City and it was carried on some time before it was discovered may be a year or more under colour and pretence of Law For so did they invade the Government first of all by packing of Juries there was the foundation laid whereby to bring on that business which they had at last designed when they could bring it to a ripe Head Too many Persons in that business I believe were very busie medling with that that they had not to do with Clubbing and Caballing how to bring their Designs about in opposition to the Government not to support it in the least but to overthrow it if it were possible But then at last then they must take another course for no longer could they carry it on by pretence of Law as you have heard to day Now we must take other measures and take down-right blows This is the business Mr. Cornish that you have been indicted for and I must tell you whatever apprehensions you have to the contrary and may please your self in I am sorry to see such a sort of pleasure in your Countenance as if you had had no favour shewed you I believe the Court hath shewed you more favour and had more patience with you than ever any man that stood in your place had for calling a Witness after the Jury hath been out is a thing I never saw a Precedent for And I am glad it was done for I think it hath clear'd the thing beyond all manner of contradiction before it looked something dark for want of Sheppard and so it is a happiness that that man was called to convince you of many things that you protested so solemnly against which I am sorry to see in you in this condition that you are to make such solemn Protestations and afterwards to call a Witness to confront you in them For the other two here is Mr. Ring is very notorious for harbouring a couple of Traytors knowing from whence they came and if it were not for such Persons as these are that do harbour them when they fly it may be there would not be so many bold Attempts to commit such Crimes as these are To provide for them and nourish them and comfort them after they have committed their Villanies this does encourage them to commit their Villanies as they do and so I reckon harbourers to be worse than Traytors themselves they are like Receivers to Thieves there would not be so many Traytors if there were no Harbourers You have been Convicted of these great Crimes it is too late and not fitting to spend time any longer but to Pronounce the several Sentences against you which is this You must every one of you be had back to the place from whence you came from thence you must be drawn to the place of Execution and there you must severally be hanged by the necks every one of you by the neck 'till you are almost dead and then you must be cut down your Intrails must be taken out and burnt before your faces your several Heads be cut off and your bodies divided into four parts and those to be disposed of at the pleasure of the King and the Lord have mercy upon your Souls FINIS