themselves with a very ill-favoured one and having suborned and bought in a Set of proper Witnesses They resolve first to enter them upon Stephen Colledge a Joyner before they run them at more Noble Game Hereupon he is clap'd into the Tower and an Indictment for High Treason is offered to this following City-Grand-Jury John Wilmore William Mackley Sampson Puller Thomas Cope Peter Mortimer John Wood Thomas Haynes Thomas Fox John Read Marke Stretton Edward Powel Paul Dorrel Francis Lascoe John Armiger Samuel Totton John Pettyt S. Maine Caleb Hocke and Robert Davies These Gentlemen well-seeing the Villany of the practice and weighing as undoubtedly they might and ought the Credibility of the Infamous Witnesses They reject the Bill hand it back to them who sent it with an Honourable Ignoramus The Being of their Plot depending upon their gaining the point against this Poor Mans Life They change the Scene to Oxford and at the Assizes there one Gregory the well-disposed Sheriff of that County picks out a Grand-Jury for the purpose and so an Indictment of Treason is there found against him Matters being thus prepared for the Murdering this honest Man the Proto-Martyr in the sham Presbyterian Plot and it being a thing of mighty moment these four Judges are speeded to Oxford armed with a special Commission to try or rather to dispatch him Lord Chief Justice North Mr Justice Jones Mr Justice Raymond Mr Justice Levins Colledge is hurried from his close Imprisonment in the Tower down to Oxford and was at his first entring the County exposed by Gregory the High Sheriff and mocked at the House of Mr Stoner a notorious Papist Upon the 17 th of August 1681. he is brought into the Court where the Council against him were The Attorney General The Solicitor General The late infamous Lord Chancellour Serjeant Holloway Mr North and Mr Jones He being charged with an Indictment for conspiring the Death of the King and to levy War and subvert the Government prayed a Copy of the Indictment and the Names of the Jury and that the Court would assign him Counsel these things were not only refused him but an un-heard of Injustice was put upon him for just before he was brought into the Court they took from him the Papers which he had prepared for his defence and most unjustly with-held them Then this Jury was sworne to pass upon him Henry Standard William Big Robert Bird John Shorter William Windlow Charles Hobbs Roger Brown Timothy Doily Ralph Wallis John Benson John Peircy and John Laurence Now Mr Attorney General falls to work about him addressing himself in this manner to the Jury Gentlemen The Prisoner stands indicted of High Treason and that of the deepest dye it is for an endeavour to destroy the King to subvert the Government and to raise a Rebellion He laid his design to seize the King at Oxford and he wanted not his Accomplices to do it The World never was nor ever will be obliged with a List of the Accomplices here talked of But they were not Protestants but Men that were Rebels in the late War In order to this he hath prepared Arms of a great value for a Joyner He prepared a good Horse extraordinary Pistols a Carbine a Coat of Mail an Head-piece and so being arm'd Cap a Pe with that design he came to Oxford We shall shew you that he made it his business to perswade others to undertake the design and joyn with him He gave out a Sign which was a blew Ribbon wrought with Letters in it No Popery no Slavery by this they were to know one another We shall give you an Account of his Principles and what encouragement he was to have for he boasted he should in a little time be a Colonel This was not a sudden unpremeditated thing for he had entertained the horridest malice against the King that ever Subject did He hath made it his common discourse I believe I could bring you forty and forty Witnesses to it to defame the King and murder him in his Reputation We shall give evidence that he carried on the same design with that Arch-Taytor Fitz. Harris who was a Papist and I believe if he were examined throughly he would be found of the same Stamp The King hath been traduced as a designer of Arbitrary Government and as an Introducer of Popery If any Man ever was guilty of high Treason sure he is and deserves the severest punishment Then Stephen Dugdale John Smyth Bryan Haynes Edward Turbervile were sworn Dugdale said That the Prisoner had oft rail'd against the King said he was a Papist and as deep in the Plot as any Papist of them all that nothing was to be expected from him but introducing of Popery and Arbitrary Government That he would arm himself and be here at Oxford having several stout Men particularly Captain Clinton Captain Brown and Don Lewis that would stand by him in case there should be a Rising That the Prisoner gave him forty Shillings worth of Blew-Ribbon with the Inscription No Popery No Slavery to give to his Friends That the Prisoner said at Oxford Let the King begin as soon as he will his Party is but an handful to our Party Smyth declared That the Prisoner told him that the King was as great a Papist as the Duke of York and every way as dangerous to the Protestant Interest and he doubted not but he would dye his Fathers death That Colledge carried him to his House and sheweth him his Pistols Blunderbuss great Sword Armour Back and Breast and his Head-piece and told him these would destroy Rowlye's pittiful Guards which were kept up against Law to set up Popery and Arbitrary Power That the Prisoner said he expected some sport at Oxford and would go thither and would be one who should seize the King if he should seize any of the Members That upon a Discourse of disarming the City the Prisoner said that if the Earl of Feversham or the King himself should come to do it he would be the Death of him rather than he should take away his Arms. Haynes Witnessed That the Prisoner told him that the King should be called to an Account for all his Actions for it was notorious That he resolved to Establish Popery and Arbitrary Power And that no King of his Race should ever Reign in England after him Turbervile said That the Prisoner told him at Oxford that there was no good to be expected from the King for he and all his Family were Papists That he wished the King would begin and said but if he do not We will begin with him and seize him for there are several brave Fellows about this Town that will secure him till we have those terms we expect adding That he had got a Case of Pistols and a very good Sword and a Velvet-Cap This Mr Atturney represented to be Armour Cap a Pe. In the next place Sr George Jefferies brought against the Prisoner one
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 Exâ—…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
neither Law nor President of any Man Tryed by a Jury in a County that were not Freeholders So he had had no Tryal at all and if so there could be no Judgment To this Jefferies replyed that he had had the Opinion of the Court in that matter and that they were unanimous in it And so they were in all murdering work at that day Colonel Sidney then said that there was nothing of Treason in the Words said to be written in the Papers if the nature of the thing were examined To which the Chief Justice retorted There is not a line in the Book scarce but what is Treason The Sentence being passed the Prisoner expressed himself in these Words Why then O Lord Sanctifie I beseech thee these my Sufferings unto me Sanctifie me through my Sufferings Sanctifie me through thy Truth Thy Word is Truth Impute not my Blood unto this Nation Impute it not unto the grand City through which I shall be led unto the place of Death Let not my Soul cry tho' it lies under the Altar make not Inquisition for my Blood or if innocent Blood must be expiated let thy Vengeance fall only upon the heads of those who knowingly and maliciously Persecute me for Righteousness sake Upon the 7th of December 1683. He was Beheaded upon Tower-Hill when he delivered to the Sheriffs Daniel Dashwood a paper the substance whereof is here presented to the Reader Men Brethren and Fathers Friends Country-men and Strangers We live in an Age that maketh Truth pass for Treason I dare not say any thing contrary to Truth and the * * Sheriff Daniel's c. Ears of those that are about me will probably be found too tender to hear it West Romsey and Keeling brought to prove the Plot said no more of me than that they did not know me The Lord Howard is too infamous by his Life and his many Perjuries not to be denyed or rather sworn by himseif to deserve mention and being a single Witness would be of no value though he had been of unblemished Credit or had not seen and confessed that the Crimes committed by him would be pardoned only for committing more This being laid aside the whole matter is reduced to the Papers said to be found in my Closet If I had been seen to write them the matter would not be much altered They plainly appear to relate unto a Treatise written long since in answer to Filmer's Book which is grounded upon wicked Principles equally pernicious to Magistrates and People If he might publish unto the World his Opinion that all Men are born under a necessity derived from the Laws of God and Nature to submit unto an absolute Kingly Government which could be restrained by no Law or Oath and that he that hath the Power hath the Right and the Persons and Estates of his Subjects must be indispensably subject to it I know not why I might not have published my opinion to the contrary without the breach of any Law. I might as freely as he publickly have declared my thoughts and the Reasons of my belief That Magistrates were set up for the good of Nations not Nations for the honour or glory of Magistrates That the Right and Power of Magistrates was that which the Laws of the Country made it to be That those Laws were to be observed and the Oaths taken by them having the force of a Contract between Magistrate and People could not be violated without danger of dissolving the whole Fabrick That few would be so gentle as to spare even the best Magistrates if by their destruction a wild Usurper could become God's Anointed This seems to agree with the Doctrines of the most Reverend Authors of all Times Nations and Religions The best and wisest of Kings have ever acknowledged it King James in his Speech to the Parliament Anno 1603 doth in the highest degree assert it The Scripture seems to declare it If the Writer nevertheless was mistaken No Man for such matters hath ever been referred to the Judgment of a Jury composed of Men utterly unable to comprehend them But there was little of this in my Case The extravagance of my Prosecutors goes higher The Treatise was never finished nor could be in many Years So much as is of it was written long since never reviewed nor shewn to any Man. Whatsoever is said of the expulsion of Tarquin The Insurrection of Nero The Slaughter of Caligula or Domitian c. is applied by Innuendo unto the King. They have not considered that if such Acts of State be not good no King in the World has any title nor can have any unless he could deduce his Pedigree from the eldest Son of Noah and shew that the Succession had still continued in the Eldest of the Eldest Line and been so deduced to him But I was long since told that I must dye or the Plot must dye Lest the means of destroying the best Protestants in England should fail the Bench must be filled with such as have been Blemishes to the Bar. None But such as these would have advised with the King's Councel of the means of bringing a man to death Suffered a Jury to be pack'd by the King's Solicitors and the Under-Sheriff Admit of Jury Men who are not Freeholders Receive such evidence as is above mentioned refuse a Copy of an Indictment or to suffer the Statute of 46 Edward 3. to be read that doth enact It should in no case be denied unto any Man upon any occasion whatsoever over-rule the most important points of Law without hearing And whereas the Statute 25 Edward 3. upon which they said I should be tryed doth reserve unto the Parliament all Constructions to be made in point of Treason They could assume unto themselves not only a power to make Constructions but such Constructions as neither agree with Law Reason or Common Sense By these means I am brought to this place The Lord forgive these Practices and avert the Evils that threaten the Nation from them The Lord sanctifie these my Sufferings unto me and tho' I fall as a Sacrifice unto Idols suffer not Idolatry to be established in this Land. Bless thy People and save them defend thy own Cause and defend those that defend it Stir up such as are saint direct those that are willing Confirm those that waver Give Wisdom and Integrity unto all Order all things so as may most redound to thy own Glory Grant that I may dye glorifying Thee for all thy Mercies and that at the last thou hast permitted me to be singled out as a Witness of thy Truth and even by the Confession of my Opposers for that old Câ—use in which I was from my Youth engaged and for which thou hast often and wonderfully declared thy Self Thus for Innuendo Treasons and by a barbarous prosecution fell this never to be forgotten Champion and Martyr for the English Liberties the honourable and valiant Colonel Algernon Sidney This great Man
viz. April the 13 th 1681. The virulent and envenom'd Pen of L'estrange was set to work upon it and to vilifie the Evidence of the Plot Parliaments nay the Protestant Religion it self Addresses with thanks for the violation of our Rights in the Dissolution and likewise abhorring Parliaments our Bulwark against Tyrany were obtained and most graciously received The Presenters thereof being usually honoured with Knighthood and rewarded with Perferment to places of Trust and Profit By this art the common Cry of a profligate party in every corner of England was Popery is better then Presbytery at least the Papists and Dissenters are equally dangerous if not all one 't is therefore more then time that a Colledge be hang'd against a Pickering And the Nation was almost put besides it self by the doleful Cry of Blood Blood Associations Conspiracies Rebellion Treason and what not that was frightful and terrible Rome it self could not possibly have ordered matters better for the service of Holy Church â—…e Protestant Religion is now mocked â—…rliaments derided the Witnesses of the Plot vilified and the belief of any other then a Presbyterian Plot vanishes This proceeding gave new life and heart to the Popish Conspirators and stroke no small damp upon their Prosecutors of the Witnesses some were bought off and others terrified from their Testimony of which I should recount Instances but that I have dwelt too long upon the fore-going Melancholy Contemplations To proceed therefore to the matter intended and from which I have too long digressed Dr Otes the first discoverer of the Popish Plot being no way shaken but bearing with most undaunted Courage and Constancy innumerable Reproaches and Slanders from the Pulpit and Press nay and from the Stage also Hell it self seemed to be engaged to discredit and batter down the belief of his Evidence Knox and Lane to blast his Reputation were employed to accuse him of an unusual but most hainous Wickedness that Plot not obtaining and matters being prepared for placing unmasked Popery upon the Throne he was condemned in One Hundred Thousand Pounds for words spoken of the Duke of York and thereupon secured against the desired season for the Conspirators taking their full revenge upon him Upon the 8 th of May 1685. he was brought to Tryal in the Kings-Bench Court upon an Indictment to the effect following viz. that Whitebread Ireland Fenwick Pickering and Grove five Jesuites were Indicted of high Treason for conspiring the Death of King Charles the second and that Ireland Pickering and Grove were Tryed December the 17 th 1678. And that the Defendant gave Evidence that there was a treasonable Consult at the White-Horse Tavern in the Strand the 24 th of April 1678. at which Whitebread Fenwick and Ireland and the Defendant were present and that they there came to a Resolution to Murder the King and that the Defendant carried the Resolution from Chamber to Chamber to be Signed by the Jesuites whereas in truth he was not present nor carried any such Resolution to be Signed and so committed wilful Perjury The Jury upon this Tryal were Sr William Dodson Sr Edmund Wiseman Richard Aley Thomas Fowles Thomas Blackmore Peter Pickering Robert Bedingfield Thomas Rawlinson Roger Reeves Ambrose Isted Henry Collyer and Richard Howard And the Tryal was managed against the Defendant by Mr Attorney General Mr Solicitor General The Recorder of London Mr North Mr Jones Mr Molley and Mr Hanses L'Estrang's Assistant and Brother Burgess in Parliament for Winchester both of them being chosen by the direction of Mr Bernard Howard a noted Papist Brother to Cardinal Howard In the first place Mr Foster one of Ireland's Jury swore what the Defendant evidenced at that Tryal viz. his being at the White-Horse Consult the 24 th of April 1678. Then the King's Counsel produced about twenty Jesuites and Students of St Omers these all testified that the Defendant came to St Omers in December 1677. and went not from thence until June 1678. Whosoever reads this Tryal cannot but observe some things worthy noting as First The rage of the Chief Justice and extraordinary zeal of the King's Counsel both against the Defendant and the belief of the Popish Plot of which more in its due place Secondly The Caresses and tender usage of these Jesuited Sparks both by the Court and Counsel their Evidence was received without the least Interruption not one cross thwarting or doubting question being put to any one of them nay there did not appear so much temper as to permit the Defendant to propose his questions to them which made him with undaunted Courage cry out That his defence was under a very great prejudice and that there was a turn to be served and therefore he was not admitted to ask the Witnesses questions And said I do verily believe That at this rate it is more safe for Papists to be Traytors than for any Protestant to discover a Popish Plot. Thirdly The harmony and uniformity of their Evidence which was so extraordinary that any indifferent Reader must judge that they were instructed by their Tutors before they came from St Omers and had oft conn'd their Lessons by the way for they did to admiration agree in swearing to particular days and to most minute and trivial things as to the day of playing at Nine-Pins of a Ball being stroke over a Wall and the like In the next place to insinuate that the Defendants Evidence was not always true and credited the King's Counsel produced the Earl of Castlemain and Sr George Wakeman who decreed that what he swore against them at their Tryals was false Here the Chief Justice observing the Defendants undauntedness said I wonder to see any one that has the face of a Man carry it at this rate when he hears such Evidence brought against him To which the Defendant reply'd very well I wonder Mr Atturney will offer to bring this Evidence Jefferyes whose Character with King Charles the second was that he had the Impudence of ten Carted Whores in a raving fit retorted such Impudence was never seen in any Christian Nation you are a shame to Mankind to which the Defendant's Reply was No my Lord I am neither a shame to my self nor to Mankind what I have sworn is true and I will seal it with my Blood if occasion be Ah Ah my Lord I know why all this is and so may the World but this will not do the work to make the Plot to be disbelieved things are not to be done by great Noises I will stand by the Truth The Defendant in his defence observed that the Indictment against him was six years after the pretended Perjury That the Witnesses against him were some of those who gave Evidence at the Tryal of the five Jesuites and tho' there were some fresh Witnesses that they did evidence the same thing that was then offered but the Testimony rejected tho' then and also at Langhorn's Tryal sixteen St Omer's youths were brought to falsifie his
Mr Solicitor had shortened his Labour by the pains he had taken to sum up the Evidence to them which he concluded he had without doubt done with all faithfulness to his Master He then proceeds to blacken the Defendant with all the foul Language that Malice could suggest and tells his old Friends of the Jury whose acquaintance with him disposed them to credit him that the Popish Plot was a sham and that under the pretence thereof another black and bloody Conspiracy was carried on Then he magnifies the evidence against the Defendant both from the number of the St Omers Sparks no less then twenty but also their harmony and he affirms that against the credit of their Testimony there was no objection really made but only Impudence that the Defendant had produced but two positive Witnesses that they were likewise positive in their contradiction of one another that they swore according as their humour led them and not according to any remembrance they had of the thing and that he rather believed it because the third Witness Page gave an evidence contrary to both of them how notoriously false these malitious Suggestions are will evidently appear upon the perusal of what these three honest and plain-dealing Witnesses swore Then he comes to the Defendants fourth Witness Mr Walter and positively affirms that he says nothing to the matter for that it did plainly appear the time which he speaks of was about a year and a half before the five Jesuits Tryal which must be in 1677 before the Defendant went to St Omers Mr Solicitor told the Jury that Mr Walter spoke of a year and a quarter before the discovery of the Plot had that been true it had run it back to the year 1677 and to a time before the Doctor went to St Omers His Lordship makes Mr VValter to speak of about a year and a half before the Jesuits Tryal which runs it back to December 1677 and then the King 's celebrated Witnesses and Mr VValter are agreed but Mr Vvalter speaking for himself says the time was near a year and a quarter before the Tryal of the Jesuits which brings us to April 1678. Though the Chief Justice and Solicitor were not agreed in this matter yet they would not quarrel about it provided the understanding Jury would credit either of them against Mr Walter and so serve the turn they aimed at the baffling the credit of the Popish Plot and not allow this Witness to be serviceable to the Vindication of Dr Otes Upon the following day after this Tryal Dr Otes was tryed upon an Indictment for another supposed Perjury but that prosecution being of the Complexion with what is here presented I shall not trouble the Reader with any thing further upon this subject then to present him with the Names of the Jury viz. Sr Thomas Vernon Nicholas Charlton Esq Tho. Langham Esq Thomas Hartop Francis Griffith John Kent George Tory Ano. Hen. Loades Tory Also John Midgley John Pelling Thomas Short and George Peck The Juries having according to the direction of that Man of Blood Jeffryes brought in the Defendant guilty of both the Perjuries Comes the Abhorrer of Parliaments the tender-hearted good natured Protestant Judge VVythens to pronounce the Sentence This very Person Wythens being Counsel for Knox did declare openly in the Court of King's Bench that Dr Otes had served the Nation too well to be vilified in that Court. previous to it he tells the Defendant That no Christian 's Heart can think of the innocent Blood which was shed by his Oath without bleeding That every knowing Man believed and every honest Man grieved for it He proceeds God be thanked our Eyes are now opened You had not one Word to justifie your self from that great and heinous Perjury you were accused of transcendant Impudence The Judgment of the Court inter alia is You shall upon Wednesday next be VVhipt from Algate to Newgate Vpon Friday you shall be VVhipt from Newgate to Tyburn by the Hands of the common Hangman This I pronounce to be the Judgment of the Court upon you and I must tell you plainly If it had been in my power to have carried it further I should not have been unwilling to have given Judgment of Death upon you I shall sum up all with the sense of the present House of Commons upon this whole proceeding which take in this Vote Martis 11th die Junij 1689. Resolved That the Prosecution of Titus Otes upon two Indictments for Perjury in the Court of King's Bench was a design to stifle the Popish Plot and that the Verdicts given thereupon were corrupt and that the Judgments given thereupon were cruel and illegal Notes upon the Tryal of Nathaniel Reading Esq for attempting to stifle the King's Evidence as to the horrid Popish Plot upon Wednesday the 24th of April 1679. before the Lord Chief Justice North c. THe Conspirators against our Religion Laws and Liberties being struck with astonishment and the Imprisoned and Impeached Traytors with no small Terror at the most providential and happy accession of Captain William Bedloe's Testimony to the discovery made by Dr Otes of the hellish Popish Plot in which he had stood single much discouraged we do quickly find their thoughts at work how to remove this newly acquired Witness Their way of taking off Sr Edmundbury Godfrey having so highly dis-served their Cause that is not to be again practised therefore the resolution taken in the present case is to tamper with and buy off Captain Bedloe they pitched upon Mr Reading to carry on this Intrigue whose parts and principles did very well qualifie him for such an undertaking but Mr Bedloe being above the reach of very powerful Temptations he very honestly detected the villainous Attempts upon him and the Suborner was brought to Justice as follows The Indictment sets forth the Plot against the King the Government and the Protestant Religion and that Colman Ireland and Grove were tryed condemned and executed for the same That several Lords viz. the Earl of Powis Lord Viscount Stafford Lord Bellasis Lord Arundel of Wardour Lord Petre and also Sr Henry Titchbourn stand impeached of the said Treason That Reading well knowing these things and to obstruct and stifle them and to retard the prosecution of Justice against the Lord Powis Stafford Bellasis Petre and Sr Henry Titchbourn did on their part the 29th of March last solicit suborn and endeavour to perswade Mr VVilliam Bedlooe whom he knew to have given Information of those Treasons against the said Persons to lessen stifle and not to give in evidence the full truth against them and to give such evidence as he should direct and to that purpose did give him fifty six Guineas and promised him other great Rewards to the hindrance and suppression of Justice The Jury were these Sr John Cutler Thomas Cass Joshua Galliard Rains. Waterhouse Edw. Willford Mathew Bateman Tho. Henslow Walter Moil Thomas Earsby
into the bargain but that Mr Justice Pemberton checkt it by holding up his hands in Admiration this persons Crime was the publishing a Book called An Appeal from the Country to the City in which this passage was contained We in the Country have done our parts in chusing good Members for Parliament but if they must be Dissolved or Prorogued when-ever they come to redress the Grievances of the Subject we may be pittied not blamed if the Plot takes effect as in all probability it will Our Parliaments are not then to be condemned for their not being suffered to sit occasioned it But now when we come to Judgments for Misdemeaners on the other side We shall perceive great Compassion and Mercy appearing in that Court indeed Reading who was Convicted for the first attempt upon the King's-Witnesses was adjudged to pay 1000 l. to be Pilloried and Imprisoned for a year and one would have thought that more severe Judgments would have past upon such as should dare to repeat the same Crimes after such an Example but we see the contrary About six Months afterwards Knox and Lane being Convicted of the same Offence accompanied with much blacker Circumstances Knox the principal was only Fined 200 Marks and condemned to a years Imprisonment and to be bound to the good Behaviour for three years And Lane Fined 1â—… Marks and adjudged to stand once in the Pillory and to be Imprisoned a year And now in the Case before us Mr Tasborough a Gentleman of a good Estate who had treated about so great a Villany in the name of the Duke of York was only Fined 100 l. And Mrs Price 200 l. But who can admire at this notorious departure from the rules of Justice and Equality in the assessing of Fines that remembers that the Chief Justice Scroggs did in this very Term declare in open Court in the Case of Dr Jessop a very honest and worthy Protestant of Norfolk that he would have regard to Persons and their Principles in imposing of Fines and would set a Fine of 500 l. on one person for the same offence for which he would not Fine another 100 l. And accordingly Fined Dr Jessop 100 l. for reporting false News as they called it and at the same time Fined the Doctor 's Author of that News a right Tory no doubt only five Marks Now surely will the Reader say this Jessop was undoubtedly a very naughty Man but to undeceive him I can affirm he is as true a Church of England Man as can be found and the bad principle which made him to be thus marked was that he was an avowed Enemy to Popery and true to the Liberties of England and did upon every occasion exert himself to a degree hardly to be equalled by any Gentleman of Norfolk for the chusing deserving men for Knights of the shire and particularly for Sr John Hobart then whom none ever deserved better of that County and whose name will always be remembred there with great Honour For this extravagant Partiality and Injustice in imposing Fines the Court of Kings-Bench was deservedly marked with this Vote of the House of Commons December the 23 d 1680 Resolved That the Court of King's Bench in the Imposition of Fines on Offenders of late years hath acted Arbitrarily Illegally and Partially Favouring Papists and persons Popishly affected and excessively Oppressing Protestants Reflections upon the Proceedings in the Old Baily before the Lord Chief Justices Pemberton and North. November 24 1681. upon an Indictment for High Treason framed against the Right Honourable Anthony Earl of Shaftesbury for conspiring the Death of the King and Subversion of the Government THe Names of the Grand-Jury returned by Sheriff Filkington and Sheriff Shute and who were Sworn upon that occasion were Sr Sam. Barnardiston John Morden Thomas Papillon John Dubois Charles Herle Edward Rudge Humphrey Edwm John Morris Edmund Harrison Joseph VVright John Cox Thomas Parker Leonard Robinson Thomas Shepherd John Flavel Michael Godfrey Joseph Richarson VVilliam Empson Andrew Kendrick John Lane and John Hall. A sort of people called Tories wedded to their own blindness having loudly clamoured of this great Jury I shall here add the names of those who were returned upon the same Pannel Alderman Ellis Mr Mellish Mr Tho. Gardener Samuel Swinnock Mr Ben. Godfrey Mr John Pollexfen Mr John Smith Mr John Gardener Mr Peter Delence Mr Peter Hubland Mr William Ashurst Mr John Deagle Mr Thomas Western Mr Bonnel Mr Gabriel Wheatley Mr Tho. Carpenter Mr L. Baskervile Mr George Marwood Mr John Smith And now let all who know the City of London judge whether a more substantial Pannel in every respect was ever returned to serve at the Old-Bailey The King's Council for the management of this Intrigue were The Attorney General Sr Francis Wythens the Abhorrer of Parliaments And Mr Saunders afterwards the Quo Warranto Lord Chief Justice Mr Graham the Solicitor of all the late Sham Plots upon Protestants and pay-master of corrupt Juries and perjured Witnesses solicited this Prosecution and hence took his first step to such Preferment as enabled him to give Eight or ten thousand Pounds with a Daughter 'T is to be lamented that he hath lived to this day without further Preferment in the way which at that time the then Lord Chancellor promised to honest Captain VVilkinson The magnified Evidence of this horrid Treason and that which the King's Council relying upon begun with was a Paper proved by Secretary Jenkins Mr Blaithwaite and Mr Gwin to have been found in the Earl's House of which such noise has been made in the World by the virulent Observator and the Popish News-Writers as well as from too many of our Pulpits that it may not be ungratful to the Reader to be here presented with the very words thereof which follow The Association WE the Knights c. finding to the grief of our Hearts the Popish Priests and Jesuites with the Papists and their Adherents and Abettors have for several years last past pursued a most pernicious and hellish Plot to root out the true Protestant Religion as a pestilent Heresie to take away the Life of our Gratious King to subvert our Laws and Liberties and to set up Arbitrary Power and Popery And it being notorious that they have been highly incouraged by the Countenance and Protection given and procured for them by James Duke of York and by their expectations of his succeeding to the Crown and that through Crafty Popish Councils his Designs have so far prevailed that he hath created many and great Dependants upon him by his bestowing Offices and Preferments both in Church and State. It appearing also to us that by his influence Mercenary Forces bave been levied and kept on foot for his secret Designs contrary to our Laws the Officers thereof having been named and appointed by him to the apparent hazard of his Majesties Person our Religion and Government if the Danger had not been timely fore-seen by several Parliaments and
them to safe retirements and so were clap'd into the Tower and afterwards in different wayes butchered It was resolved that my Lord Russell the Honour of his Age should be cut off in a seeming way of Justice and as he was a Person of inestimable value so the art used to destroy him was extraordinary in the first place The Conspirators to introduce a belief of his Lordship's guilt procure two Persons charged with Keeling's Plot to be convicted just before my Lord is brought to Tryal reserving other two of them of whose Conviction they more doubted to be tryed after his Lordship Then a well prepared Pannel of Jurors many of them train'd and disciplin'd under L'Estrange and some Inferiour Clergy-Men his Prostitutes was returned by Sr John Moore 's Sheriffs Matters being thus prepared He is brought upon his Tryal at the Old-Bayly upon Friday the 13th of July 1683 At the instant of entring upon it the Conspirators cut the Eaâ—l Essex's Throat in the Tower and to facilitate the dispatch of the Lord then at the Bar they immediately intimate by an express to the Old-Bayly that the Earl of Essex had murdered himself from hence a wicked and unquestionably a premeditated Inference is raised of the good Lord Rassell's guilt and by this diabolical contrivance the Blood of the Earl of Essex is made a main Evidence towards the Prisoner's Conviction that being accomplished upon the day ensuing the Verdict of his guilt is made an Argument to seduce and delude the Coroner's Inquest into a belief that the Earl of Essex had destroyed himself The Jury being called his Lordship was over-ruled in his Challenges of those of them who were not Freeholders though the learned in the Laws did and do say that he was entituled to those Challenges not of Grace but Right and the same was allowed to others by my Lord's Prosecutors at such Seasons when it would not disserve their turn thus the Estate Honour and Life of this Noble Lord are put into the Hands and Power of Tradesmen and Shop-keepers He being charged with an Indictment for high Treason the right of my Lord 's Challenging for want of Freehold was argued and insisted upon by his Council Mr Pollexfen Mr Holt and Mr Ward But was opposed by The Attorney General The Solicitor General Sr George Jeffryes and Mr North. And was over-ruled by the Judges upon the Bench who were The Lord Chief Justice Pemberton The Lord Chief Baron Justice Jones Justice Wyndham Justice Charleton Justice Levins Baron Streete and Justice Wythens Then the following Jury were sworn Jahn Martin William Rouse Gervas Seaton William Fashion Thomas Short George Tory Ano. William Butler James Pickering Thomas Ieve Hugh Noden Robert Brough and Thomas Oneby Then Mr North the King's Counsel opened the Indictment to this effect That the Prisoner stood charged with no less than conspiring the Death of the King and that in order to it he with other Traytors the second of November 1682 conspired to raise War against him and to Massacre his Subjects and to seize his Guards and Person The Attorney General being so hot upon this bloody pursuit that he had before positively refused to defer the Tryal till the Afternooon * 'T is probable that he might imagine that by the Afternoon the suspition of the Earl of Essex's Assassination might reach the Ears of the Jury as it did in a few hours many about the Town and then Mr Attorney had lost that which he made a mighty part of his Evidence and imposed upon the Court to go instantly upon it did now apply himself totis viribus to impress the Jury telling them that the Prisoner was one of the Council of State as he in a scornful way expressed himself to give forth directions for the general Rising that as had appeared was to be in the Kingdom That the Rising was of great concern and expence and must be managed by Persons of Interest Prudence and Secrecy That they consulted in October and November how to seize the Guards and at several meetings they received Messages from my Lord of Shaftesbury touching the Rising That this was the great Consult and moved all the Wheels That there were Vnderlings who were to manage the Assassination who were an inferiour Council of seven That there was a great Council of six who were the Prisoner the Earl of Essex whom he pretended he was sorry to name he having that Morning prevented the hand of Justice upon himself * Note this was spoken within an hour or two after the Earl's death before any Inquisition taken or it could possibly be known how he came by his death but right or wrong this Jury must now pass upon him and find him Felo de se to facilitate and justifie the Murder they are now to commit and four others That they debated how they should make the Rising Resolved that before they fell upon it they would have an exact account of the time Method of the Scotch Rising and thereupon Colonel Sidney sent Aaron Smyth on purpose to invite Scotch Commissioners to treat with these Noble Lords that pursuant to this just before the Plot broke out several came from Scotland to treat how to manage the Work They demanded at first 30000 l. then fell to 10000 l. and at last to 5000 l. but they not coming to their terms it broke off the Week the Plot was discovered He concluded that they should shew that all the Inferiour party still look'd upon these to be the Heads I shall not here trouble the Reader with the particulars of the Evidence given against this Noble Lord by the Lord Howard Colonel Romsey and Mr Shepheard nor offer at any Remarks thereupon much less to touch upon the many Hardships and great Injustice put upon his Lordship in this Prosecution in point of Law all that having been admirably well done by the Learned Pens of the right Honourable the Lord Chief Baron Atkyns and of Mr Hawles of Lincolns Inn My purpose not only in extracting these Notes in my Lord Russell's Case but also in this whole Tract being only to present the World with some matters of History which they did not put down or remark upon and which indeed invited me to this work to gather together for publick use Abstracts and Remarks upon some memorable Tryals in the late unhappy Reigns upon which they never touched I shall therefore now proceed to represent something further of the carriage and exasperating Speeches of the King's Council c. against his Lordship The Solicitor General sum'd up the Evidence in this manner That the Prisoner stood Indicted for High Treason in conspiring the Death of the King That the Overt Act laid to prove that Conspiracy by is the assembling in Council to raise Arms against the King and to raise a Rebellion and that they had proved that by three Witnesses He then proceeded to state the substance of the Evidence which having done as
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 Vâ—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
still believe that Popery was breaking in upon the Nation and that those who advance it will stop at nothing and declared his sorrow that so many Protestants gave their helping hand to it But he declared his hope that God would preserve the Protestant Religion and the Nation though he feared it would fall under very great Tryals and sharp Sufferings That the bare-fac'd Prophaneness and Impiety in the Nation gave Reason to fear the worst things that could befal a People He prayed God to prevent it and give those who shewed concern for the publick good and appear'd hearty for the Protestant Religion Grace to live so that they might not cast a reproach on that which they endeavoured to advance which he declared had often given him many sad thoughts As to his condition he said he had no repining in his Heart at it and did freely forgive all the World particularly those concerned in taking away his Life and conjured his Friends to think of no Revenge but to submit to the holy will of God. He declared as to his appearing in the business of the Bill of Exclusion that he thought the Nation in such danger of Popery and that the expectation of a Popish Successor put the King's Life in such danger that he saw no way so effectual to secure both as that Bill and that he thought his earnestness in that matter had no small influence in his present Sufferings As to his conspiring to seize the Guards the Crime for which he was condemned and which was made a constructive Treason to take away the King's Life to bring it within the Statute of Edward 3. His Lordship gave this account That he never was at Shepherd's but once and that there was no undertaking then of securing or seizing the Guards nor none appointed to view or examine them Some discourse there was about the feasableness of it and he heard it several times by accident in general discourse elsewhere but never consented to it as fit to be done That the Duke of Monmouth exclaimed against it and his Lordship said that he ever observed in him an abhorrence of all base things He thanked God that his part was sincere and well meant he observed that it was inferred that he was acquainted with the Heats and ill Designs of some great Men and did not discover them but that that was but misprision of Treason at most and so he dyed innocent of the Crime he stood condemned for and hoped that no body would imagine that so mean a thought could enter into him as to go about to save his Life by accusing others The part that some had acted lately of that kind had not been such as to invite him to love Life at such a rate He declared that he could not but think the sentence upon him very hard for nothing was sworn against him whether true or false but discourses about making some stirs That by a strange fetch the story of seizing the Guards was construed a design of killing the King and so he was cast in that He prayed God not to lay it to the charge of the King's Counsel the Judges Sheriffs or Jury That for the Witnesses he pittied and wished them well and should not reckon up the particulars wherein they wronged him but had rather their own Consciences should do that to which and the mercies of God he left them His Lordship added that from the time of chusing Sheriffs he concluded that the heat in that matter would produce something of this kind and that he was not much surprized to find it fall upon himself and wished that his Blood might satiate some Peoples Revenge He wished those Gentlemen of the Law who have great readiness in speaking would make more Conscience in the use of it and not run Men down by strains and fetches and impose on easie and willing Juryes to the ruin of innocent Men for to kill by forms and subtilties of Law is the worst sort of Murder He further wished that the rage of hot Men and the partiality of Juries might be stop'd with his Blood and said he should offer it up with more joy if he thought he should be the last to suffer in such a way He then concluded thus The Will of the Lord be done into whose Hands I commend my Spirit and trust that thou O most merciful Father hast forgiven me all my Transgressions The Sins of my Youth and all the Errors of my past Life and that thou wilt not lay my secret Sins to my Charge but wilt graciously support me during that small part of my Life now before me and assist me in my last Moments and not leave me then to be disordered by Fear or any other Temptation but make the light of thy Countenance to shine upon me For thou art my Sun and my Shield And as thou supportest me by thy Grace so I hope thou wilt hereafter crown me with Glory and receive me into the Fellowship of Angels and Saints in that blessed Inheritance purchased for me by my most merciful Redeemer who is I trust at thy Right hand preparing a place for me Into whose Hands I commend my Spirit Notes upon the Tryal of the honourable Algernon Sidney Esq upon an Indictment for conspiring the Death of the King and intending to raise a Rebellion Before the Lord Chief Justice Jeffrys Justice Wythens Justice Holloway and Justice Walcot at the King's-Bench upon the one and twentieth of November 1683. THis honourable Person Colonel Sidney having been long Imprisoned in the Tower without any prosecution brought his Habeas Corpus for the obtaining his liberty upon which being brought to the King's-Bench upon the 7th of November the Atturney General upon the sudden clapt an Indictment of Treason upon him to which he was instantly compelled to plead Upon the 21st of November he was brought to Tryal and this Jury pack'd by Graham and Burton was sworn upon him viz. John Aunger Carpenter Richard White William Lyn Laur. Wood Adam Andrews Emery Arguise Josiah Clerk George Glisby Nicolas Baxter Horse Rider William Reeves William Grove Cheesmonger John Burt. The King's Counsel were Sr Ro. Sawyer Attorney General Mr Finch Solicitor General Mr North Mr Dolben and Mr Jones The Indictment opened by Mr Dolben was to this effect That the Prisoner with others conspired the death of the King and to levy War in the Kingdom and sent one Aaron Smyth into Scotland to excite some to come from thence and to consult upon assistance to carry on those designs And that the Prisoner to perswade the People that it was lawful to raise Rebellion did cause a seditious Libel to be written containing expressions That the power is originally in the People c. Note the Indictment did not charge the Prisoner with publishing the Papers which was ever till now done when Libels have been made Criminal but their proof in this case would not come up to publishing Then the Attorney
General thunders thus against him The Prisoner is indicted of the highest Crimes the conspiring the King's Death and the overthrow of the Monarchy There is no English-man but does believe that for several years a Design was laid and to that end secret Instructions were made use of and Libels spread to perswade the People that the King was introducing Arbitrary Power Ay so he was and so were his Judges and Council at Law that he subverted their Rights and Liberties c. a sad truth They endeavoured to make the World believe the King was a Papist So they did and his Dear and Royal Brother cleared up that Point soon after his Death And then there was a Design of an open Rising This Gentleman's Head and Heart was entire in this Service he was at this very time preparing a most Seditious and Trayterous Libel To perswade the People that it is Lawful nay that they have a Right to set aside their Prince in case it appears that he hath broken the Trust laid upon him by the People He uses great Reason in the Case That the Power of the Prince is Originally in the People and that the King's Power was derived from the People upon Trust most horrid Heresie and they might assume the Original Power they had conferred c. After this Harangue to pre-possess the Jury Mr West Col. Romsey and Keeling were called and told long Stories of Consultations Plots and Resolutions without offering one Word of Evidence against Colonel Sidney Then the Lord Howard told his long History of the Plot that being ended They gave in Evidence some scraps of a Manuscript found in the Colonel's Study and read three or four Paragraphs to the judicious Jury whereof I shall here give the Reader a touch When Pride had changed Nebuchadnezar into a Beast what should perswade the Assyrians not to drive him out amongst Beasts until God had restored unto him the Heart of a Man When Tarquin had turned the Legal Monarchy of Rome into a most abominable Tyranny Why should they not abolish it And when the Protestants of the Low-Countries were so grievously oppressed by the Power of Spain under the Proud Cruel and Savage Conduct of the Duke of Alva Why should they not make use of all the means that God hath put into their Hands for their Deliverance Let any Man who sees the present State of the Provinces that then united themselves judge whether it is better for them to be as they are or in the condition into which his Fury would have reduced them unless they had to please him renounced God and their Religion Our Author may say They ought to have suffered The King of Spain by their Resistance lost those Countries and that they ought not to have been Judges in their own Case To which I Answer That by resisting they laid the Foundation of many Churches that have produced multitudes of Men Eminent in Gifts and Graces and Established a most glorious and happy Common-Wealth that hath been since its first beginning the strongest Pillar of the Protestant Cause now in the World and a place of Refuge unto those who in all Parts of Europe have been oppressed for the Name of Christ Whereas otherwise they had Slavishly and I think I may say Wickedly as well as Foolishly suffered themselves to be Butchered they had left those Provinces under the Power of Anti-Christ where the Name of God is no otherwise known than to be Blasphemed If the King of Spain had desired to keep his Subjects He should have Governed them with more Justice and Mercy When contrary to all Laws both Humane and Divine He seeks to destroy those He ought to have preserved He can blame none but himself if they deliver themselves from his Tyranny And when the matter is brought to that That he must not Reign or they over whom he would Reign must perish the matter is easily decided As if the Question had been asked in the time of Nero or Domitian whether they should be left at Liberty to destroy the best part of the World as they endeavoured to do or it should be rescued by their Destruction And as for the Peoples being Judges in their own Case it is plain they ought to be the only Judges because it is their own and only concerns themselves The general Revolt of a Nation from its own Magistrates can never be called Rebellion The Papers being read Mr Solicitor doubting surely the Capacity of the intelligent Jury to judge of these Notions upon the first hearing said that no time was mis-spent to make things clear and that the Jury might have the Words read again if they had a mind to it and he repeated that offer to them but the Gentlemen better understanding the work of the day then the Treatise did not desire a repetition of the Words The Prisoner here said They have proved a Paper found in my Study of Domitian and Nero that is compassing the death of the King is it Whatever my Lord Howard is of whom I have enough to say by and by he is but one Witness and there ought to be two Witnesses to the same thing Let my Lord Howard reconcile what he has said now with what he said at my Lord Russell's Tryal if he pleases there he swore he said all he could and now he has got I know not how many things that never were spoken of there He hath accused himself of divers Treasons and is under the terror of punishment for them and would get his own Indempnity by destroying others He owes me a great sum of Money and when I should take the advantage of the forfeit of his Mortgage he finds a way to have me laid up in the Tower this is a point of great cunning at once to get his Pardon and save his Money He was desirous to go further and would have got my Servants to put my Plate and Goods into his hands He made affirmations in the presence of God that I was innocent in his opinion and he was confident of it I know in my Lord Russell's Case Dr Burnet testified something like this and when my Lord Howard came to answer it he said he was to face it out Now he did face it out bravely against God but was very timerous of Man I am to give an account of these Papers which they would piece and patch to my Lord Howard's discourse and by a strange kind of construction and imagination make to have relation to this PLOT as they call it I know of none They offer no proof but similitude of Hands Some years ago the Lady Car was indicted of Perjury and as evidence some Letters of hers were produced that were contrary to what she swore in Chancery and it was proved to be like her hand but Chief Justice Keeling directed the Jury that this was the smallest and least of proofs in Civil Causes but in Criminal it was none at all So that my Lord
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
snivelled at and overthrown by a Company of such Whining Fellows Do you think to sham People into Offices No I tell you Villany was the Foundation of it and Knavery the Superstructure Neither Bethel nor that very Fellow that stands there Cornish would have taken the Oaths and Sacrament till they found it would contribute to the design of subverting the Government then these Rascals could qualifie themselves for an Office only to put the Kingdom into a Flame Mr Gilbert Nelson then testified That upon the holdling up of the Hands at the Election of Sheriffs the 24 th of June 1682. there were upon the view most for Mr Papillon and Mr Dubois and that upon the casting up the Poll Books there was the greatest number for Mr Papillon Mr Wightman added that in the Poll-Books there were 2400. and odd for Mr Papillon and Mr Dubois Mr Leonard Robinson added that by the Hands the majority was much more for Mr P. and Mr D. than for the other two and the Sheriffs did so declare their opinion and a Poll being demanded and granted after it was closed in the Evening the Sheriffs declared the Numbers upon the Hustings Mr P. and Mr D. had above two thousand and Mr North and Mr Box some hundreds under two thousand Mr Baker testified that the Action was brought by the advice of Mr Wallop Mr Pollexfen and Mr Thompson Then the Chief Justice comes to sum up the Evidence and after a most tedious Introduction proceeds to discharge his Spleene thus Come Gentlemen it is best to be plain Tho' it is true a Man may lawfully sue for such an Office and it is no offence yet it looks somewhat extraordinary 't is for some strange purpose or other It is notoriously known that for several Years the Government has been beset and which is a baser thing than ever was thought of or acted in the highest times of Villany the very Methods of Justice have been corrupted and all to serve the main design of subverting the Government Gentlemen this is so black a Wickedness that no honest Man that has any sense of Loyalty Religion or common Justice but must tremble at the very thoughts of it When we see such Fellows as are common Reproaches to the Government shall get into Office to make Ignoramus Juryes When men begin to take Oathes to sanctifie Villany what shall we say And all this you all of you Gentlemen know to be true Was it not more safe to conspire the death of the King his Brother than to give the least frown upon one of these snivelling Saints Did not we know that Men were sanctified to be Jury-men that before were never thought fit to be trusted with the common Society of honest Men Mr Papillon knows all this to be true eminently When pack'd Jurys were grown to that heighth that when seven or eight Witnesses swore down-right Treason The Traytor could not by these Men so much as be accused by an Indictment To that stupidity in Villany were things brought by these Fellows So far were the proceedings in Courts of Justice tainted that cropp'd Hair and a demure Look were the best signs of a good Evidence Gentlemen There was not a pursuit of right in this case It was a designed piece of Villany on purpose to affront the Government nay to destroy it and if he were ten thousand times Mr Papillon I would tell him so It is plain Gentlemen that the design from the beginning to the end was to cause a tumult and confusion in the City in order to put that damned hellish Conspiracy for destroying the King and his Brother and every man that was honest and loyal in execution This Gentlemen is plain English We all know Mr Papillon to be a wealthy Man one that had rather have minded his Affairs than the expensive Office of Sheriff but that something was to be done to wreak a damned Malice and Revenge upon the Government This I tell him openly and let him and his party make their Remarks upon it as they please There was questionless a devilish Malice fixed in his heart and mind and he wanted an opportunity to effect it and he thought it best for his own security to take this course and nothing else was in it Alack-a-day as Mr Pilkington said I am for the preservation of the Liberties and Properties of the Subject but I find the City is strangely run down in their Rights and Priviledges I will rather take a troublesome Office than let all run thus and immediately sets himself a Cock-a-hoop as if there were none to take care of the City but himself He and Mr Bethel and Mr Cornish forsooth are the only Men of the times the Men Men for the Liberties of the Subject and the Rights of the City Gentlemen the Government is infinitely concerned in this Case that puts a weight upon your enquiry into the damages your severity in this Case will deter all People from entring into Clans and Cabals to affront the Government That I may not further nauseat the Reader with the foul Language venomous Malice of this Insolent arrogant and intolerable Slanderer I shall transcribe no more of his virulent discourse though he run on to a strange length at a most wicked and infamous rate of Falshoods and Defamations against the best Men of the City without any manner of colour for the truth of what he said The Jury thus directed found for the Plantiff and assessed Damages to 10000 l. The Chief Justice said Gentlemen you seem to be Persons that have some sense upon you and consideration for the Government and I think have given a good Verdict and are to be greatly commended for it By this extravagant and most unrighteous Verdict was this upright and Wise Citizen Mr Papillon drove into Exile till Heaven vouchsafed him with the Nation a most Miraculous and happy deliverance by the glorious Vndertaking of our now Soveraign then Prince of Orange That it may not be forgotten how this Plantiff Sr William Pritchard came to be Lord Mayor I shall subjoyn the Account of the Poll taken when he was brought on Sr Thomas Goold had 2257 Votes Alderman Cornish had 2227. Sr William Pritchard had but 2144. Sr Henry Tulse had 236. Being conscious that in the foregoing Account of the Tryal of the pretended Guildhall Riot I forgot to intimate to the Reader that Lieutenant Colonel Quiney had a Warrant for what he did tho' he did not condescend to show it to such Men as Sr Robert Clayton and the other Aldermen upon whom he put the Indignity before mentioned to do him right and to shew that though he might act too headily 't was not upon his own Head I shall in this place insert the Names of those who ordered him and the Forces he then commanded to that Post They were The Lord Mayor Sr John Moore Sr George Waterman Sr James Edwards Sr Will. Pritchard Sr Hen. Tulse Sr James Smith
in which these most deserving Gentlemen ever engaged themselves For this imaginary Riot they were with others brought to Tryal The Sheriffs made by Riot Force and Arms returned upon them some of the true Rioters for Jury-Men Others of them were made the Witnesses and so they were found guilty and most extravagantly Fined Mr Bethel after about two years Imprisonment for non-payment of the Fine against all Law and Reason imposed upon him Obtained his Liberty by payment of his Fine he having wisely observed that the Juries of that day did Kill as sure as Death every Man whom the Conspirators marked out to them and being thus at Liberty and also at leisure resolved for a time to take his leave of England as he did and so very happily lives at this day to be further servicable to this famous City and his Generation But Mr Cornish's Family and great Occasions having detained him within the reach of the Conspirators The wise disposer of all things now permits him to be made a Sacrifice to the Tories Rage They charge him with an Indictment of High Treason for Conspiring the death of King Charles the second and the raising a Rebellion The Jury sworn upon him were Thomas Rawlinson Thomas Langham Ambross Isted of Fleetstreet Thomas Pendelton John Grice Thomas Oneby of Aldermanbury William Clowdesly of Fishstreet of whom it is generally and very credibly reported that he was killed about three years after with a piece of Wood called the Cornish of an House upon the blowing up some Houses at the Fire at Paul's-VVharfe Richard Holford of Breadstreet-Hill Cheesemonger VVilliam Long-boat Stephen Colman of Leadenhall-street at the Corner of Limestreet Robert Clavel Book-seller in St Pauls Church-yard and VVilliam Long. The King's Council were The Attorney General The Solicitor General Mr North and Mr Phipps The Attorney General aggravated the matter charged in the Indictment thus Gentlemen of the Jury the Prisoner stands Indicted for Conspiring the death of the late King and for raising Rebellion and consenting to be assisting to the Rebellion then designed I need not tell you what part he acted when he was Sheriff that that was the ground-work of the Rebellion setting the Commonality against the Government of the City Hereupon Mr Cornish said that he was as Innocent as any Man in the Court and the Attorney ironically replyed So was my Lord Russel to his Death Mr Cornish do you remember that Then Colonel Romsey who to the certain knowledge of the Judges and King's Council had perjured himself in the Tryal of my Lord Russel testified that about October or November 1682. he went to Mr Shepherd's House to the Duke of Monmouth my Lord Russel Lord Gray Sr Thomas Armstrong and Mr Ferguson That they were just going away when he came That before they went Alderman Cornish was brought in by Shepherd and made his Excuse that he did not come sooner and said he could not stay with them That thereupon Mr Ferguson opened his Bosome and pull'd out a Paper and read it to him Mr Shepherd holding the Candle and after it was read he said he liked it well That he the said Romsey did not hear all the the Paper read but it was a Declaration to have been dispersed when the Rising was to have been That there were as he well remembred two points in it One was Liberty of Conscience and the other That all who would assist in the Insurrection that had any Lands of the King 's or Churches in the late War should have them restored Mr Goodenough who to capacitate him to be a Witness brought a Pardon for one Treason for which he had been Outlawed and stood awed with the guilt of another He testified that being with Alderman Cornish in the beginning of the year 1683. He said to him Now the Law won't defend us tho' we be never so innocent some other way is to be thought on and that upon this the Alderman said he wondered the City was so unready and the Country so ready That he thereupon told him that something was thought of to be done here but in the first place the Tower ought to be seized That the Alderman after a little pause said I will do what I can or what good I can That some time after the Alderman met him upon the Exchange and asked him how Affairs went which he understood to relatc to what they had discoursed and that he answered him Well But he acknowledged that he had other matters with him about the defence of the Riot Upon this mention of the Riot Justice Wythens reflected saying Mr. Cornish I tell you that was a branch of the Plot take that from me and quickly after he told him something as true viz Mr Cornish you have this Happiness that you will be Tryed by your Fellow Citizens of very good Quality and Understanding I must tell you On behalf of Alderman Cornish there appeared Sr VVilliam Turner Alderman Love Mr Jekil and Mr Gosfright who testified that the Prisoner had great aversion to Goodenough and did oppose his being made Vnder-Sheriff but the Chief Justice slighted their Evidence and Wythens said Mr Jekyl was in a Limb of the Plot one of the greatest of the Rioters Note a Person under the guilt of Treason is allowed for a good Witness but this Learned Judge seems to doubt in the Case of a Rioter Then Sr Thomas Lane testified that in my Lord Russel's Tryal Romsey swore that he did not hear the Declaration read it being done before he came Dr Calamy Mr Carlton Mr Cooke Mr Knap and Mr Smart then spoke to the Life Reputation and Loyalty of the Prisoner It deserves to be noted that after the Evidence given Mr Solicitor did here omit the drudgery which in all other Cases of this nature he underwent by a long florid Speech to impress the Jury in the matter here it sufficed that Judge Wythens had just before passed his word that this Jury was composed of Citizens of very good quality and understanding therefore they might be trusted well enough knowing what they had to do The Lord Chief Justice Jones who had in the whole proceeding of the Tryal discovered sufficient tartness sumed up the Evidence to the Jury Then The Jury being withdrawn the Prisoner informed the Court that he had omitted to call one material Witness whereupon the Jury being returned Mr Shepherd testified That Mr Cornish came into his House to speak with the Duke of Monmouth or some other person he could not positively after so many Years say whom and did not stay half a quarter of an Hour That Shepherd went up Staires and came out of the Room with him and that there was not one Word read or Paper seen while Mr Cornish was there That he was not look'd upon to be one of the Company But before he came Mr Ferguson had pull'd off his Shooe and took the Declaration out there and read it and Mr Cornish knew nothing of
it Note This evidence to a tittle stands with what Romsey swore at my Lord Russel's Tryal which was that about the latter end of October or the beginning of November my Lord of Shaftesbury told him of the meeting of the Duke Lord Russell Lord Grey Sr Thomas Armstrong and Mr Ferguson at Shepherd's and sent him to them which evinces that Mr Cornish was not lookt upon to be one of the Company for if he had the Earl of Shaftesbury would undoubtedly have named him also Romsey then also swore posuively that he was not there above a quarter of an hour and that he was not at the reading of the Declaration for it was done before he came However the Solicitor General and also the Recorder affirmed this evidence of Mr Shepherd's had cleared the matter against the Prisoner which before seemed dark if so what need now the Solicitor having before left it without any Address to the Jury of varnishing the matter But 't is evident they were now pinch'd and therefore Mr Solicitor's Rhetorick was found requisit to secure a Verdict and he thus uttered it Gentlemen there has been a very great Indulgence given to the Prisoner After a full evidence you were again sent for to hear what he had to offer to you I cannot but observe this looks like a subtile contrivance on the Prisoner's part when you are with-drawn Shepherd sends intelligence to him that he had something to say that might excuse him Truely I am very glad Mr Shepherd has been here he is so far from in validating any part of the Testimony that by all the Circumstances you can collect from this Evidence it is a Corroboration of it It hereby appears that Mr Cornish was in that Company and came when they were met in private No Man almost but must believe that he was privy to the Conspiracy therefore tho' this Witness seems to forget some part of the Evidence the reading the Declaration and holding the Candle yet these are such Circumstances that in themselves do carry a proof of the Charge and do confirm He should have said contradict all the rest that Colonel Romsey hath said and this must be a great satisfaction to you that he was there present and privy to that Design Then the Jury with-drew for a short time and returning brought the Prisoner in Guilty Thereupon the Recorder Jenner a Person made up of Malice Noise and Nonsence spoke in this manner Mr Cornish your Crime is for Treason committed in the time of his late Majesty being one of those notorious Conspirators that designed to raise Rebellion and it was carrâ—ed on sometime it may be a year or more under colour and pretence of Law for so they did invade the Government first of all by packing Juries there was the foundation laid to bring on that business which they had at last designed when they could bring it to a ripe head 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 * Just as good sense as one handful of Grief and the other of Sorrow pleasure in your Countenance as if you had had no Favour shewed you I am glad Shepherd was called for I think it hath ‖ That which puts out some Mens Eyes must here be thought to enlighten others cleared the thing beyond all manner of contradiction before it looked something dark for want of Shepherd and so it is an Happiness that the Man was called It would have proved so before consciencious Judges and Jury-Men Thus having told him the true Reason why he must dye viz. his having been Sheriff and returned Juryes to the disservice of the Conspiracy He pronounced Sentence of Death upon him Upon the 4th day following the 23d of October to terrifie all Citizens from asserting their Rights and to put it out of doubt for what Treason he dyed Whether for being at Shepherd's or at the Election of Sheriffs in 1682 He was executed in Cheapside was fixed upon Guild-hall ‖ There being now a Vacancy 't is pitty another Head is not found to supply that place in ken of the place where Sr John Moore committed that Riot from whence the Death of this good Citizen and many other accursed and nefarious Mischiefs sprung There wanted not a sort of Men at this time who would have perswaded the World that Murder was a Royal Sport for one Hindmarsh a Book-seller printed a Ballad which he called Advice to the City sung to the King at Windsor wherein are these entertaining Lines Then London be wise and baffle theiâ— power And let 'm play the old Game no more Hang hang up the Sheriffs Those Baboones in power Those Popular Thieves Those Rats of the Tower. The Instruments of sheding this Blood may do well to reflect upon the fate of Clowdesly one of the Jury-men And also to consider whether the Judgment of Heaven was not proclaimed against that dayes work by the violent most impetuous Tempest of Wind Rain Thunder and Lightning which was sent upon the sudden and most surpriâ—ingly to close that Fatal Day FINIS