Anno regni sui vicesimo quinto editum intitulatum A Declaration Which Offences shall be judged high Treason inter alia inactatum fuit Autoritate ejusdem Parliamenti quod si ullus casus suppositus esse Proditio qui non specificatur in eodem Statuto acciderit coram aliquibus Justitiarijs Justitiarij moram facient Anglice shall tarry sine aliquo progressuad Judicium Anglice going to Judgment de predictâ proditioni nsqu Causa monstretur declaretur coram Rege Parliamento suo Quodque per Statatum in Parliamento tent apud West in Com Midds quinto die Octobris Anno regni Dominae Mariae nuper Reginae Anglae primo intitulatum A Repeal of several Treasons Felonies and Premunires inactit fuit inter alia Autoritate ejusdem Parliamenti quod abinde nullum factum vel Offens existen per actum Parliamenti vel Statut fact Proditio per Verba Script Notationem Anglice Ciphering fact aut aliter quocunque capt habit Census Anglice deemed vel adjudicat esse alta Proditio nifi tantum tal quae declarantur exprimuntur esse Proditio in vel per Actum Parliamenti vel Statut factum in Anno vicesimo quinto regni prenobilis Regis Edwardi tertij tangen vel concexnen Proditiones vel Declarationes Proditionis nul al. nec quod aliquae paene mortis penalitates vel forisfactur in aliquo modo sequuntur Anglice ensue vel sint alicui Peccatori Anglice Offender vel Peccatoribus Anglice Offenders pro facien vel committen aliquam Proditionem aliter quam tal quae in Statuto predicto facto in dicto Anno vicesiano quinto regni dicti Edwardi Regis ordinat provis aliquo Actu vel Actus Parliamenti Statut vel Statuta ad aliquod empus antea habit vel fact post dictum vicesimum quintum Annum dictinuper Regis Edwardi tertij vel aliquam al Declarationem vel materiam in contrarium aliquo modo non obstante Et predictus Algernon dicit quod ipse non est culpabilis de aliqua vel aliquibus Proditione vel Proditionibus in Indictamento predicto mentionat quae specificatur vel specificantur in Statuto ultimo mentionato modo forma prout in Indictimento predicto mentionat Et de hoc ponit se super Patriam The Names of the London Grand-Jury returned July 1683. When the Conspirators had decreed the Murdering my Lord Russell RIchard Alie Esq Sworn Peter Parivicini Sworn Benjamin Skutt Sworn Philip Harman Sworn Benjamin Thorowgood Sworn William Longmore Sworn John Price Sworn Francis Brerwood Sworn VVilliam VVithers seni Sworn William Lovel Sworn John Debnam Sworn Prcival Gilborne Sworn Henery VVood Sworn JOhn Cooper Sworn Samuel Newton Sworn Henry VVagstaffe Sworn Thomas Blackmore Sworn Thomas Larner Sworn John Potts Sworn Leonard Bates John Femill Barth Ferryman Spencer Johnson and James Kelke The Pannel of Jurors pick'd for the Tryal of my Lord Russell in July 1683. Colman-Street-Ward SIR James Ward Sr Tho. Davall Arthur Baron Thomas Moffit John Martin Thomas Hadges Will. Fitzacherly William Rouse Tower-Ward Peter Joye John Pelling Tho. Porey Will. Winberry Tho. Normansel Richard Meynell William Pellatt Jervas Seaton Richard Burden Algate-Ward Jacob Lucy Peter Jones and William Crouch Billingsgate Ward Henry Loades Hugh Strode Robert Mellish and Abraham Wright Breadstreet Ward Peter Ayleworth William Danes John Steventon VVilliam Rutland William Fashions Thomas Shorte Samuel Skinner Theophilus Man George Baker Richard Kent Ar. Gerlington Chapman Dowgate-Ward Richard Hamond Fr. Chamberlain John Jenew and John Bridges Ward of Bishopsgate within John Busson Joel Andrews and Ralpo Izard Bridge-Ward John Short senior Thomas Nicholls Roger Mingay Candlewick Ward George Toriano William Butler William Parker and James Pickering Limestreet Ward John Hall Matthew Gibbon Thomas Angier Robert Masters Luke Pead Christopher Johnson Philip Perry Stephen Gittings and William Warren Walbrooke Ward John Westbrooke John Tempest John West and Edward Le Neve Langborne-Ward William Gerrard Anthony Mingay Nathaniel Hornby Henry Collyer James Smith Thomas Lowfield Thomas Jenny Samuel Hanckee Cripplegate Ward Robert Aske Thomas Jeve Hugh Noden Robert Brough John Mallory Thomas Yate William Crispe John Walkly Thomas Oneby Ward of Farringdon within Francis Griffith Peter Pickering Edward Rigby Richard Hoare Thomas Barnes Henry Robins Henry Kempe John Owen William Simonds Thomas Grice Ward of Farringdon without Paul Weeks Roger Reeve Edw. Reddish Edw. Kempe Will. Brown Ambros Istead Thomas Fowles Thomas Hamond Thomas Fitzer Thomas Dring Henry Baldwin Robert Fowles Thomas Rawlinson William Warne Valentine Castillion Jervas Wilcox James Smith Ward of Aldersgate within Peter Floyer Ward of Aldersgate without Robert Scott John Andrews Jeremiah Wright Jacob Sheldrake Cordwayner Ward Thomas Coulson Vnity Ward George Peck John Hoyle Ward of Castlebaynard Sr William Dodson Sr Edm. Wiseman William Goslin Nicholas Alexander Nicholas Charleton Christopher Pitt Robert Beddingfield Thomas Warren By Peter Rich Esq Sheriffs and Sr Dudly North Sheriffs Knight Sheriffs The Names of the Grand-Jury at the Sessions the 14th of October 1685. when the Conspirators had resolved to Murder Alderman Cornish and Mrs Gaunt PErcival Gilborne Bart. Ferriman Thomas Blackmore Thomas Simonds William Watton Thomas Barnesly John Greene Thomas Amy Jofeph Baggs John Reynolds Robert Blackmore Joseph Caien W. Withers Junior Thomas Deacon Richard Browne Thomas Mills John Bernard William Fownes John Luker The Pannel of Jurors for the Tryal of Alderman Cornish in October 1685. returned out of most of the Wards of the City by the particular care of Sr. Benjamin Thorowgoed in regard that Mr Cornish had been one of his Predecessors See this page 289. SIr William Russell Sr Mich. Hicks Sr. John Mathews Sr William Dodson Sr Thomas Griffith Sr Edmun. Wiseman Sr John Clarke Sr Thomas Vernon Sr Edward Boveree Richard Alie Esq Ralph Box Esq Thomas Hartepp Esq Thomas Fowle Arthur Baron Benjamin Skutt Thomas Rawlinson John Shorte Senior Thomas Goddard William Gore John Kent Edward Griffith Esq William Withers Sen. John Midgly John Carpenter Franc. Chamberlain Peter Joy Thomas Langham George Toriano Henry Loades Robert Bedingfeild Ambrose Istead William Butler Kenelm Smith Ralph Lee William Moyer Robert Scott William Warne Thomas Shorte Jermingham Chaplin John Jenew James Pickering James Smith Thomas Lofeild James Woods Tho. Pendleton Samuel Hinton Nicholas Smith James Smith Tho. Peircehouse John Grice Thomas Oneby Richard Cotton Richard Hoare Roger Reeves William Crouch John Foster Thomas Sergeant James Richardson William Cloudsly Richard Holford Thomas Crane Lewis Wilson Henry Wood William Tigh John Pelling Gervis Wilcox Jacob Sheldracke George Peck Francis Breerewood W. Longmore John Price William Fitzacherly William Fashion Walter Acton Stephen Coleman Robert Clavel William Long John Wells Maurice Mosely John Pott Thomas Lardner James Kelke John Perrott Thomas Ashby Samuel Skinner William Rouse Noel Basano Paul Sherman John Walkly and William Humfreys The Pannel of Jurors returned for the Tryal of the Honourable Colonel Sidney
found the 12th of July and Mr Glover proved a Copy of the King's Proclamation against Sr Thomas dated the 28th of June 1683. Then Ezekiel Everis was sworn and testified that in August 1683 he was at Cleve in Germany with the Lord Grey who went by the name of Thomas Holt and Sr Tho. A. came thither by the Name of Mr Henry Laurence and shew'd him a Bill of Exchange from England upon Mr Israel Hayes in Amsterdam for 160 l. odd Money and that it was for 150 Guineas paid in England and he told him it was drawn by Joseph Hayes and it was signed Joseph Hayes and the Bill was accepted and he saw Israel Hayes his Letter to Sr Thomas by the Name of Laurence which mentioned the sending the said sum to Cleve The Common Serjeant Crispe then delivered a parcel of Letters into the Court and swore that he received them of the Lord Godolphin and they had been ever since in his hands The Lord Godolphin then testified that he received three Letters produced in Court from Mr Constable Mr Chudley's Secretary who told him they were taken about Sr Thomas that one of them without any Name mentioned 150 Guineas returned to Henry Laurence Constable testified that he was present when the Scout of Leyden apprehended Sr Tho. A. and that the Letters were taken out of his Pocket and he himself delivered them to Mr Chudley who sealed them up and sent them by him to the Lord Godolphin Charles Davis testified that taking Boat from Amsterdam to Rotterdam he met Israel Hayes and Sr Tho. A. coming to take Boat and Sr Thomas went with him in the Boat and he told him his Name was Henry Laurence Davis added that he lodged a Month in one Briscowe's House at Amsherdam where there was a Club every Thursday There were Mr Israel Hayes Mr Henry Ireton one Wilmore Emerton Dare and some other English Merchants and he heard them several times abuse the King at the Table The Attorney General then shewed Mr Hayes a Letter saying It may be he will save us the labour of proving it but Mr Hayes disowning it Mr Walpoole was called and Mr Hayes said he was my Servant and went away after a rate that possibly would not be allowed Walpoole testified that he served Mr Hayes almost four Years and three quarters and did believe the Letter to be Mr Hayes his hand Mr Hayes said My Lord in matters of Treason I hope you will not admit of comparison of hands and belief for Evidence The Chief Justice answered Yes no doubt of it Mr Hayes replyed It has not been so in other Cases that have not been Capital as particularly in the Lady Carr's Case The Chief Justice said that is a mistake you take it from Algernon Sidney but without all doubt it is good Evidence Judge Wythens said Comparison of Hands was allowed for good Evidence in Colman's Case Mr Hayes answered That with submission vastly differs Those Letters were found in his own Custody This was not found in my possession but in another Man's and in another Nation Sr John Trevor Counsel for the King said This Gentleman was a Trader with the East-India-Company and made Contracts with them which are entred in their Books We will compare them with the Writing in this Letter The Common Serjeant then called Harman and Brittle and demanded of them where the Books were and they produced them Harman testified that he knew Mr Hayes and that he made several Contracts in 1683 and that he saw him in September 1683 subscribe his Hand to a Book of the Companies shewn to him Brittle testified that he is Porter in the Street to the East-India-Company and that he saw Mr Hayes write his Hand to a Book shown to him Capt. Piercehouse produced a Note Query if not the same Peircehouse in the Pannel of the Jury which he said was Mr H. his and that he supposed it to be his hand and compared it with the hand in the Book and said that he delivered the Goods upon it and Walpoole then said he believed it to be Mr Hayes his hand Then Mr Sturdivant was called and they shew'd him the Letter and he said Here is Joseph Hayes writ but I do not know it to be his Hand The Common Serjeant warmly said that Mr Sturdivant swore he did know Mr H. his hand before the Grand Jury but Mr Sturdivant affirmed the Common Serjeant was under a mistake Then Sr John Trevor called for Mr Hardresse but the * The Common Serjeant as hath been elsewhere observed upon the discovery of Keeling's Plot in 1683 boasted what work that Plot would make when it came into the City We now have him pulling it into the City by Head and Shoulders and find him in this Case appearing and exerting himself in a three or four sold capacity viz. the Manager if not Contriver of this prosecution and a Counsel Solicitor and Witness against the worthy Citizen now designed to destruction Common Sejeant answered That he was out of Town before he could be served with a Subpena Then the Letter was read it was subscribed Joseph Hayes and dated the 31st of August 1683. directed to Mr Henry Laurence senior at Amsterdam and began thus Sir at your desire I have sent you a Bill c. The Letter and the East-India-Books were then shewn to the Jury and to the Prisoner Mr Hayes denyed the Letter to be his Writing and said 'T is very strange I should not know my own hand May not Counsel be admitted to plead Whether comparison of hands and belief are any evidence in Criminal Causer I have been informed it hath been denyed to be evidence The Ch. Justice told him he was under a mistake some body has put it into your Head and pussed you up with a vain Story there is no such thing 'T is a Fiction a meer Whim only said by Mr Sidney and no ground in the World for it Mr Hayes replyed Was it not so in the Case of my Lady Carr there is a Record of that I suppose The Chief Justice affirmed it was not so and said Don't talk of it * It was in Trinity Term 1669. Anno 21 Car. 2. there was no such thing at all Comparison of hands was allowed for good proof in Sidney's Case We must not alter the Law for any Body Mr attorney General said Besides this comparison of hands We shall give an account of the Correspondence of the Prisoner's Brother and that he received the Money of him and then said Mr Common Serjeant Where had you this Papery The Common Serjeant to show his care and zeal in this matter said Pray have a care of the Papers and then gave evidence that he had them from my Zord Godolphin and said This is an Account of the Receipt and Disbursement of the Money Shew it Mr Constable Constable said This is one of the Papers was taken out of Sr T. A's Pocket It being shewn
before the Lord Chief Justice Herbert c. IT was very well known that Mr Bateman as a good Citizen true Englishman had constantly asserted and stood up for his native Rights Priviledges and by consequence he became obnoxious to those who had conspired and resolved the ruin thereof and of the Protestant Religion with them It is an undoubted truth that this worthy Citizen's seasonable and necessary endeavour with many others of eminent desert to withstand the fatal Usurpation of Sr. John Moore in imposing Sr Dudly North and Sr Peter Rich upon the City for Sheriffs in the year 1682 did expose him to the implacable rage of the Conspirators Our Parliaments and Courts of Justice had been for some years most strenuously attempting to extirpate the hellish Popish Plot and accursed Popery but there were then found Miscreants who set themselves to run the Kingdom upon a wrong scent and they never wanted a Protestant Plot when it might cover and secret their own and all wise men saw them ready to start one when Sr John Moore had constituted proper Sheriffs At that time the Earl of Shaftesbury well knowing that his Innocence would not be able to guard him against hired and suborned Rascals and pack'd Juries and he remembring what base and villanous Arts had been used to destroy him his Sagacity prompted him to put himself out of the reach of that implacable rage which had so long pursued him and in order to it he concealed himself for some time in Mr Bateman's House and afterwards till he retired into Holland in the house of that worthy upright English-man Captain Tracy in Goodman's Fields whose Life was therefore threatned and eminently endangered but the divine Providence delivered him after he had suffered a long and close Imprisonment in Irons in Newgate under the Tyranny of Richardson Mr Bateman was also the Refuge of that eminent and well-deserving Citizen Sr. Patience Ward whose innocence could not defend him against those wrathful Enemies with his undaunted appearance against Popery had stirred up against him He retired to Mr Bateman's House and was by him concealed until discovered by that Blood-hound Atterbury About that time viz. in June 1683 the Conspirators had brought Keeling's Plot upon the Stage and thereupon Mr. Bateman was taken up by Atterbury and carried before King Charles the second and there accused by * He swore many of his Neighbours into Prisons and Irons tho' till now Rouse excepted no man was ever tryed upon his Evidence Lee the Dyer The King had declared of that infamous Varlet that if he were not checkt he would swear all mankind into the Plot Nevertheless the King demanded of Mr Bateman whether the Earl of Shaftesbury and Sr Patience Ward did lodge at his House which Mr. Bateman acknowledging he was committed Prisoner to the Marshalseas and there kept eighteen Weeks and then there being no Prosecution he was discharged upon Bail At the time of the Duke of Monmouth's Landing not only the Prisons about London but the Halls of many of the City Companies were filled by the then Lieutenancy with the best Citizens under the imputation of being Trayterously affected or Enemies to the Government without any manner of accusation and amongst them Mr Bateman was imprisoned in Cloth-workers-Hall but being discharged from thence in a short time afterwards Atterbury who in that day took up whom he pleased fetched him from his House at Highgate and kept him some time Prisoner in his own House which he made a Goal as long as Men would feed his Avarice and then delivered him over to Richardson by whom he was kept in a close Room with the Windows boarded up sixteen or seventeen Weeks before he was brought to Tryal That Mr Bateman was a Person of very good sense and understanding will not be denyed by any Man to whom he was known but by the rigour severity and inhumane usage wherewith he was treated during his long Imprisonment he was found at the time of his Tryal to be very much shattered in his understanding and very uncapable of making a defence and that defence which he made was by the assistance of his Son a very young Man of about twenty years of age The Jury returned and sworn to pass upon him were Richard Aley Richard Williams John Cannum Patrick Barret John Palmer James Raynor Edward Rhedish George Lilburne Daniel Fowles Peter Floyer Laurence Cole John Cooper Mr Phips opened the Indictment to this effect viz. That the Prisoner the 30th of May 1683 trayterously with other Rebels conspired to depose and kill the King and to change and subvert the Government and did promise and undertake to be assisting and aiding in the apprehending the King and in taking and seizing the City of London and the Tower the Savoy and Whitehall Then Serjeant Selby and Mr Moloy aggravated the charge in the Indictment And Josia Keeling witnessed that Rumbold * Note all this is hear-say and no manner of Evidence against the Prisoner Keeling had heard it discoursed but for ought appears it might be by Secretary Jenkins for he named no Body said he had a House very convenient to plant Men in to seize the King and that he had heard it discoursed that Mr Bateman was lookt upon as a Person fitting to manage one Division in order to an Insurrection to seize the Tower c. Tho. Lee the Dyer testified that he being acquainted by Goodenough This Lee at the same time that he swore against Mr Bateman also offered to swear Treason against a Person with whom to my certain knowledge he never exchanged one word in his Life and who never was in company with him nor otherwise seem by Lee than at a considerable distance in a Coffee-house how the City was to be divided into twenty parts and managed he the said Lee nominated Mr Bateman as a fit Man to manage one part and thereupon he was desired by Goodenough to speak with him about it and that when he discoursed him he plainly apprehended Mr Bateman was no stranger to it nor boggled to give his consent That he went with Mr Bateman to the Duke of Monmouth's House and after he had had some discourse with one of the Duke's Servants he came to him and told him the Duke was willing to engage in the business and had Horses kept in the Country to be in readiness when matters should come to extremity That he the said Lee and Mr B. went to the Devil-Tavern and there Mr B. proposed the seizing the City Tower Savoy and Whitehall and the King's Person And that Mr B. told him at the Half-Moon-Tavern in Aldersgate-street that if he could but see a Cloud as big as a Mans hand he would not be wanting to employ his Interest That Mr Bateman had told him Just as likely a story as that of Colledge's Plot in his single person to seize the King at Oxford that he intended to take an House near
the Tower to place Men in in order to surprize it Mr Bateman objected to this evidence that if he had been guilty of such discourse he had been fit for Bedlam and if Lee had heard him speak such words he wondered he had not sooner accused him Richard Goodenough then witnessed that in discourse with Mr B. at the King's Head-Tavern in Swithens Alley about the intended Insurrection M. B. promised to use his interest in raising Men and to be assisting in surprizing the City Savoy c. and in driving the Guards out of Town Mr Bateman having subpenaed Sr William Turner to give an Account of an Information given in upon Oath before him by one Barker above two Years before that Lee would have suborned him against the Prisoner Sr William would testifie nothing thereof but said that it being above two Years since he could not charge his memory with any of the particulars contained therein Mr Tomkins Sr William Turner's Clerk being askt about Baker's Information said there was such an Examination taken Anno 1683 but to the best of his remembrance it was returned before the King and Council and he could not give any account of the particulars Baker being called declared That being in Lee's company in the year 1683 Lee would have perswaded him to insinuate himself into Mr Bateman's company and he demanding of Lee to what end he should do it and about what he should discourse Lee told him he might talk about State matters Lee by these horrid practices made himself a great Man being put into the place of a Messenger which he enjoyed till of late tho some time before he became a Witness he borrowed Money to buy Bread for his Family and by that means he would find a way to make him a great Man and Baker testifi'd he was examin'd about this before Sr William T. The Court upon this Evidence declared that what Baker said A wicked but customary practice of that day to abet and justifie Suborners and Trapans was nothing to the purpose but that Lee had a design therein to make a discovery of the Conspiracy if he could have procured a Witness to corroborate his Evidence The Jury being sent out without Hesitation brought Mr Bateman in guilty of the Treason tho' 't is certain King Charles laught at Lee's evidence It being demanded of Mr B. what he had to say why Judgment should not be pronounced He desired to know whether Mr Goodenough was fully pardoned and he was answered that as for the Outlawry he was pardoned and for any thing else he was not prosecuted and then he was condemned and was executed upon the 18th of December 1685. That the matter relating to Sr William Turner may appear in it its true Light I shall subjoyn the following accompt thereof Mr Bateman's Son having as he thought very providentially heard that Baker had about two Years before given an Information upon Oath to Sr William Turner of the Villain Lee's tampering with him to ensnare and accuse Mr Bateman The Son was advised by Counsel to apply himself to Sr William and in several attendances upon him when he was engaged in other matters and his Books of Entries lay upon his Table he turning over the Leaves found the Entry of Baker's Information about Lee's attempting to suborn him against Mr Bateman The Son thereupon in the first place applied to Tomkins Sr William's Clerk to get a Copy of that Information and did once think him inclined to let him have it but at last he told him he must ask Sr William Thereupon he applied himself to Sr William for it who demanded of him Whether it were against the King and young Mr Bateman answered him No it may save the Life of one of his Subjects whereupon Sr William said You shall not have it The only Refuge then was to subpena Sr William Turner and his Clerk which was done and Sr William being examined saying he could not charge his Memory with any of the particulars in the Information of Baker young Mr Bateman said Let the Book be sent for it is in such a Book and such a Page Whereupon Herbert the Chief Justice in a passion commanded young Mr Bateman to be removed out of the Court as he was If the truth of what is here related in reference to Sr William Turner be any way doubted it will evidently and beyond controul appear by the Proceedings before the House of Lords where it hath been very lately made out by Mr Bateman's Son and also by another Witness who was privy to the whole transaction thereof with Sr William Turner Mr Bateman being thus condemned to Death by the foregoing wicked Practices expressed himself thus to his Son Richard Your Father needs not to dye if he will accuse others but he dyes because he will not be a Rogue And 't was most undoubtedly true as 't is that a greater Rogue lives not than this Lee Mr Bateman's first Accuser who having miscarried in his cursed Attempt to suborn Baker is now seconded by Goodenough who was brought with a Halter in effect about his Neck to swear this good Man out of his Life In relation to the Witnesses and their Evidence some things deserve to be further remarked The late King James had no sooner possessed himself of the Throne but by his order and special recommendation a most malitious Tract was emitted to the World under the Title of Atrue Account and Declaration of the horrid Conspiracy against the late King his present Majesty and the Government The temporizing Pen-man who ever he was shewed more Art than Honesty in compiling that History and omitted nothing therein which might serve the turn of Popery but most wickedly magnified the Evidence of the Conspiracy he treated of His loose and virulent Pen runs thus as to Keeling one of the Witnesses in the case before us Josia Keeling a most perverse Fanatick was the Man whom God chose to make the first discoverer It pleased the divine Goodness so to touch his Soul that he could not rest till after much conflict in his mind he had fully determined to discharge his Conscience of the Hellish Secret Now the truth of it is Keeling was found about that time to be under some Conflict but it was with Satan and his Instruments who quickly vanquished and made him a Witness as hath been lately made out beyond contradiction by the Testimony of many unblemished Persons before the House of Lords of which more in it is proper place he had indeed before that time frequented an Assembly of Christians who dissented from the Church of England but being thrown out as a perverse Fanatick he made his way by a Profligate Fellow like himself one Peckham to Sr Leoline Jenkins the Secretary of State who listed him of his Church and the first in his Roll of Witnesses and since he became so 't is notoriously known that he hath given up himself to all manner