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A53380 A display of tyranny, or, Remarks upon the illegal and arbitrary proceedings, in the courts of Westminster, and Guild-Hall London from the year, 1678, to the abdication of the late King James, in the year 1688, in which time, the rule was, quod principi placuit, lex esto : the first part. Oates, Titus, 1649-1705. 1689 (1689) Wing O35; ESTC R16065 100,209 272

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Justice he hath endeavoured to take off the credit of our Witnesses and he would have you believe that he is a very good Protestant though he does the Papists work I think it a great piece of arrogance for him to take upon him the Title of a Protestant when he hath abused that title by such unsuitable Practices I cannot but reflect upon the condition of this Man whose onely hope is that you should now forget your selves and become as ill as he is But as that cannot be presumed so I shall not need to say any more to you After the making of very long Speeches to the Jury by Sr George Jeffryes and also by the Lord Chief Justice North to the same effect with the Solicitor's The Prisoner minded the Lord Chief Justice that he had omitted to mind the Jury of several material things evidenced for him but his Lordship answered That he had repeated to them as much as he could remember And so the Jury having been for a short time sent out and returning it being about three in the Morning they brought in the Prisoner Guilty The Lord Chief Justice North coming to pronounce Sentence said I think the Court were all very well satisfied with the Verdict and the Jury did according to Justice and Right I thought it was a Case that as you made your own defence small proof would serve the turn to make any one believe you Guilty and so he was sentenced to dye as a Traytor At the place of Execution upon the 31st of August 1681. he behaved himself with great Courage and Constancy and expressed himself to this effect He professed in the presence of the Living God That he was so far from being Guilty of those Treasons falsly sworn against him by the wretched and mercenary Men Dugdale Turbervile Smyth and Haynes that he never spoke so much as one single word of those Treasons to them or either of them or ever heard them spoke till sworn in the Court. He declared that Haynes had discovered to him that the Parliament was to be destroyed at Oxford and that Fitz. Gerald and his party had a design to murder the Earl of Shaftesbury and that they did endeavour to bring Macnamar over and said that then it would be well with them And they would not be long before they had Shaftesbury's Life That as for what Arms he and others had they were for their own defence in case the Papists should make any attempt by way of Massacre He took it upon his Death that he was never engaged in any manner of Plot or Conspiracy against the King the Laws or Government or knew of any except that of the Papists That if it had been true that he was to have seized the King he knew not of so much as one single Person that was or would have stood by him in that attempt That Masters was unjust in what he swore in omitting the material part of the discourse about the Parliament of 1640 for when Masters cursed them and the last Westminster-Parliament and charged the Parliament of 1640 with beginning the War and cutting off the King's Head he denyed both and told Masters that the Papists begun that War and that the death of the King was the fatal consequence of it That Sr William Jennings also did him wrong for his words were that he had lost the first Blood for the Parliament and wish'd it might be the last That he was reported to be a Papist but he declared he detested Popery and that he had lived and dyed a Protestant That Secretary Jenkins my Lord Killingworth and Mr Seymour when they committed him did interrogate him to many things that he should be privy to against the King Mr Sevmour saying that Colledge did know the Lord of Shaftesbury the Lord Howard and Mr Ferguson were also engaged but that he answered were it to save his Life he could not accuse a Man of them nor any other Person whatsoever That upon the 23d of August the Messenger who brought him the message of his Death told him he might save his Life if he would confess who was the Cause of his coming to Oxford and upon what account And that he answered him that he came voluntarily of himself rode his own Horse spent his own Money and neither was invited nor had dependency on any Person whatsoever and had only one Case of Pistols and a Sword and that had the Papists offered to have destroyed the Parliament as was sworn they would that he was there to have lived and dyed with them That when he had said this to the Messenger though the very truth he found it was not that he wanted and so left him with a Curse He concluded I dye by the Hands of the Enemies of the great God his Christ his Servants his Gospel my Country to which I willingly submit and earnestly pray mine may be the last Protestants Blood that murdering Church of Rome may shed in Christendom And that my Death may be a far greater Blow to their Bloody Cause than I either have or could have been by my Life The Lord God Almighty save England from Popery and Slavery bless the City of London and unite all good Protestants in the Nation Amen Amen Notes upon the Tryal of Nathaniel Thompson the Popish Printer William Paine Brother of the famous Nevil Paine and John Farwell upon the 20 th of June 1682. before the Lord Chief Justice Pemberton upon an Information for Writing and Publishing Libels importing that Sr Edmundbury Godfry Murdered himself THe Conspirators from the very first discovery resolved that the Popish Plot should be turned to a Presbyterian Plot pursuant thereto the credit of the Evidence especially from the time of the Dissolution of the Oxford-Parliament in the beginning of the year 1681. had been with matchless Impudence and Virulence traduced and run down by the scriblings of L'Estrange and of Heraclitus ridens and the Intelligences of this Thompson now before us so that by this time a multitude were infected with the poison of their Works and seduced into a belief that the Popish Plot was a Sham nothing but a thing raised by the Protestants against the Papists however it still remained upon them to wipe off the Blood of that Martyr the worthy Sr Edmundbury Godfry which was more then One Thousand Witnesses against them and now they judging matters to be ripened for it with effronted fore-Heads set to the Work as will appear by what follows The Information against these notorious Criminals Thompson Paine and Farwell was to this effect That they well knowing that Green Berry and Hill were Convicted Attainted and Ex●…uted for the Murther of Sr Edmundbury Godfry and that Prance Bedloe Brown Curtis Skillarne and Cambridge were Witnesses for the King against them and that by the Coroners Inquest taken upon view of the Body it was found that he was Strangled and Choaked they to subvert and elude the due course of
he thought fit he added That my Lord Russell had made several Objections and then he pretended to answer them and in doing it said That their Consultation was to seize the King's Person and bring him into their power and that to design to bring the King into their power only till he had consented to such things as should be moved in Parliament was equally Treason as if they had agreed directly to Assassinate him That therefore the Jury were to consider nothing but to see that the fact be fully proved and he saw nothing said by my Lord that doth invalidate the Evidence He went on thus That the last Objection to which a great many Persons of Honour and Quality had been called was That my Lord Russell being a man of Honour Vertue and so little blamable in his whole Conversation 't was not likely he should be guilty of any thing of this kind This he confessed to have weight in it but then he bad the Jury consider that he was but a man and that Men fall by several Temptations some out of Revenge some by Malice fall into such Offences as these my Lord is not of this Temper but Gentlemen there is another great and dangerous Temptation that attends people in his Circumstances whether it be Pride or Ambition or the cruel snare of Popularity being cryed up as a Patron of Liberty This is the only way to tempt Persons of V●rtue and the Devil knew it when he tempted the Pattern of Vertue Tho' he be a Person of Vertue I am afraid these Temptations have prevailed upon my Lord for I cannot give my self any colour of Objection to dis-believe all these Witnesses I see no Contradiction no Correspondence no Contrivance at all between them you have plain Oathes before you and I hope you will consider the weight of them and the great Consequence that did attend this Case But under his favour these celebrated VVitnesses were at Bargain and bought their own lives at the price of this Noble Lord's Blood. the overthrow of the best Government in the World and the best and most unspotted Religion which must needs have suffered The greatest liberty and the greatest security for Property that ever was in any Nation bounded every way by the Rules of Law and those kept sacred I hope you will consider ☞ the weight of this Evidence and consider the Consequences such a Conspiracy might have had Then Jefferies to Insinuate this Noble Lord's Guilt argued thus Had not my Lord of Essex been conscious of his being guilty of desperate things he would scarcely have brought himself to that untimely End to avoid the methods of publick Justice I am sorry to find that there have been so many of the Nobility of this Land that have lived so happily under the benigne influence of a Gracious Prince should make so ill returns Gentlemen whereas that Noble Lord says he hath a vertuous good Lady he hath many Children he hath Vertue and Honour he puts in the Scale I must tell you on the other side you have Conscience Religion you have a Prince and a most merciful one too Consider the Life of your Prince the Life of his Posterity the Consequences that would have attended if this Villany had taken effect What would have become of your Lives and Religion What would have become of that Religion we have been so fond of preserving You have your Vnderstandings your Wives and Children let not the Greatness of any man Corrupt you Then the Lord Chief Justice directing the Jury told them after he had repeated the evidence that the Question before them was whether they did believe my Lord Russell had any design upon the King's Life to destroy the King to take away his Life and that that was the material part there you have not evidence in this Case as there was in the other matter that was tryed in the morning or yesterday against the Conspirators to kill the King at the Rye This is an Act of contriving Rebellion and an Insurrection and to seize the Guards which is urged as an evidence and surely is in it self an evidence to seize and destroy the King If you believe the Prisoner at the Bar to have conspired the death of the King and in order to that to have had these Consults then you must find him guilty of this Treason laid to his Charge The Court then adjourned and at their sitting again in the Afternoon the Jury brought in their Verdict that my Lord Russell was Guilty I shall here to refresh the Readers memory subjoyn some brief Heads of the dying Speech of this great and invaluable Person a Martyr for the true Religion and the Liberties of his Country He thanked God that he found himself so composed and prepared for Death and his thoughts so fixed on another World that he hoped in God he was quite weaned from setting his heart on this He blessed God for the many Blessings of his Life That he was born of worthy good Parents and had the advantages of a Religious Education which he had look'd upon as an invaluable Blessing for when he minded it least it still hung about him and gave him checks and that he now in his extremity found such happy effects of it that the fear of Death had not been able to discompose him That he had lived and now dyed of the Reformed Religion a true sincere Protestant and in the Communion of the Church of England tho' he could never rise up to all the heights of some People He wished the removal of all our unhappy differences and that all sincere Protestants would consider the danger of Popery and lay aside their Heats and agree against the Common Enemy That the Church-men would be less severe and the Dissenters less scrupulous He declared that he look'd upon Popery as an Idolatrous and bloody Religion and therefore thought himself bound in his station to do all he could against it and soresaw that he should procure such great and powerful Enemies to himself that he had been for some time expecting the worst and blessed God that he fell by the Ax and not by the fiery Tryal That yet he never had a thought of doing any thing against Popery basely or inhumanly but what could well consist with the Christian Religion and the Laws and Liberties of the Kingdom That he had always loved his Country more than his Life and never had any design of changing the Government and would have ventured his Life to preserve it and would have suffered any extremity rather than have consented to any design to take away the King's Life and that no Man ever had the Impudence to propose so base and barbarous a thing to him That he sincerely prayed for the King that he might be happy both here and hereafter He took God to witness that in the prosecution of the Popish Plot he proceeded in the sincerity of his Heart that he did
Howard's Testimony is single As to the Consult he talks of What could six Men do Can my Lord Howard raise five Men by his credit By his Purse For my part I knew not where to raise five Men. That such Men as We are that have no Followers should undertake so vast a design is very unlikely And this great design thus carried on had neither Officers nor Souldiers no Place no Time no Money for it This is a pritty Cabal and a very deep maintaining of the Plot. Then the Prisoner called the Earl of Anglesey the Earl of Clare Capt Philip Howard Dr Burnet Mr Joseph Ducas Lord Paget and Mr Edward Howard who all testified that the Lord Howard had frequently with great asseverations and calling God to Witness affirmed that he knew of no Plot and that he was confident of Colonel Sidney's Innocence Mr Blake proved that my Lord Howard told him that he could not get his Pardon till he had past the drudgery of Swearing Mr Ducas Grace Tracy and Elizabeth Penwick proved that the Lord Howard came to the Colonel's House and being told that he was taken away to the Tower for the Plot He took God to witness he knew nothing of it and believed the Colonel did not and he then desired that the Colonel's Plate and Goods might be sent to his House to be secured Then Mr Wharton offered to imitate those Sheets of paper so that they should not know which was which but the Court did not regard it Now Mr Solicitor in his wonted luxuriant way of talking Men to Death falls upon the Prisoner and jumbles things thus together in his Address to the Jury Gentlemen We go about to prove the compassing and imagining the Death of the King by the Prisoner's consulting how to raise Armes and by plain matter in writing under his hand where he does affirm it is lawful to take away and destroy the King A strange Suggestion no way warranted by the reading the Papers and he then proceeds in the same way to insinuate many things against the Prisoner which no way affected nor reached him by the Evidence given He then comes to the Papers and sayes Compassing and imagining the Death of the King is the Act of the mind and when once there is an Overt Act that is a thing that manifests such intention Then the Law takes hold of it Now after this Evidence which the Reader will remember was only the Lord Howard's Swearing I think no Man will doubt whether it was in the heart of the Prisoner to destroy the King here is an avowed principle of Rebellion Establisht upon the strongest reason he has to back it Gentlemen speaking to the Carpenter and his Fellows most competent Judges of such a Book This with the other Evidence that has been given will be sufficient to prove his compassing the Death of the King This Book is another and more than two Witnesses against him you have heard one Witness prove it positively to you that he consulted to rise in Arms against the King and here is his own Book says it is lawful to rise in Arms if the King break his Trust and in effect he has said the King has broken his Trust therefore this will be a sufficient demonstration what the imagination of the Heart of this Man was that it was nothing but the Destruction of the King and of the Government Some Men may by passion be transported into such an offence in them it is less dangerous but it is this Gentleman's principle Gentlemen This is the more dangerons Conspiracy in this Man by how much the more it is rooted in him and how deep it is you hear when a Man shall write as his principle that it is lawful to depose Kings they breaking their Trust and that the Revolt of the whole Nation cannot be called Rebellion It will be a very sad * But late Experience refutes his Opinion and we now see 't is a very happy Case Case when People act this according to their Consciences and do all this for the good of the People as they would have it thought but this is the Principle of this Man We think We have plainly made it out that is was the Imagination of his heart to Destroy the King. Hereupon Colonel Sidney said My Lord We have had a long story I desire Mr Solicitor would not think it his Duty to take away Mens Lives any how My Lord Coke and Lord Hales were both of Opinion That the Overt Act of one Treason is not an Overt Act of another Hales saith Compassing by bare words is not an Overt Act Conspiring to levy VVar is no Overt Act. Then the Chief Justice concluded with a long Repetition of what he pretended had been given in Evidence and said that though some Judges had been of opinion that Words of themselves were not an Overt Act yet my Lord Hales nor my Lord Coke nor any other of the Sages of the Law ever questioned but that a Letter would be an Overt Act sufficient to prove a Man guilty of Treason for Scribere est Agere Gentlemen I must tell you that in Case there be but one Witness to prove a direct Treason and another to prove a circumstance that contributes to that Treason That will make two Witnesses to prove the Treason Here is a most trayterous Lybel if you believe that Colonel Sidney writ it No Man can doubt but it is a sufficient Evidence that he is guilty of Compassing and Imagining the Death of the King I must mind you that this Book contains all the Malice and Revenge and Treason that Mankind can be guilty of This is made use of by him to stir up the People to Rebellion yet by the way it was not so much as pretended that Colonel Sidney had published the Book or shown it to any Mortal So 't is not upon two but upon greater Evidence then two and twenty if you believe this Book was writ by him Next I must tell you upon I think a less Evidence the Lord Russel was Convicted and Executed An excellent Argument that having then tasted Noble Blood they must go on to drink their fill of it 't is to be lamented that such Miscreants have not been dismissed the World as the famous Scythian Queen Tomyris did the Persian Tyrant with a Satiate vos Sanguine quem sitistis Proditores Patriae et dedecus humani generis This Doctrine thus powerfully insinuated to the well disposed Jury a pack of meer Tools to eccho back the pleasure of the Judge procured a Guilty to be without difficulty brought in upon this Great and Noble Person It being hereupon demanded of him what he had to say why Judgment of Death should not be given against him He said that he had had no Tryal he was to be Tryed by his Country and he did not find his Country in the Jury that tryed him There were some of them that were not Freeholders and there is