the Ld. Ch. Justice Scroggs on Wednesday Feb. 11. 1679. THere the Prisoner was arraigned upon an Indictment for High-Treason for conspiring the Death of the King the Subversion of the Government and the Protestant Religion on Saturday January 24 1679. To which he pleaded Not Guilty desiring a Jury of his own Country-Men which was promised him and some Friend to assist him because he was deaf being above 85 Years of Age. On Wednesday Feb. 11 following the Prisoner being brought to his Trial the Jury sworn after several Challenges were Sir Thomas Hodson Richard Beaumount Esq Stephen Wilks Esq Jervas Rockley Esq Robert Leeke Esq William Batt Esq Charles Best Esq John Cross Esq Barton Allett Esq William Milner Esq John Oxley Esq Francis Oxley Esq To whom the Indictment being read Mr. Dormer Serj. Maynard and Mr. Attorn Gen. opened the same And then Mr. Bolron being sworn deposed that he came to live with Sir T. Gascoyne in 1674 as Steward of his Cole-works and in 1675 he being fearful of his Estate lest it might be liable to be forfeited to the King he was a Witness to a collusive Conveyance thereof and saw him colourably receive 1000 l. of Sir William Ingleby he and one Matthias Higgringil helping to count the Money In 1676 he heard the Prisoner say to one Christopher Metcalf that he was resolved to send 3000 l. to the Jesuits in London for the carrying on of the Design and that he would return it by 300 l. at a time to prevent Suspicion by the hands of Richard Phisicke and about the beginning of 77 he heard the Prisoner say that he had returned it and that if it had been a thousand times as much he would be glad to spend it all in so good a Cause In 77 that there was a Consult at Barnbow-Hall in Yorkshire which is the Prisoner's House where was Sir Miles Stapleton Charles Ingleby Esq Esquire Gascoyne the Lady Tempest Thomas Thwing Sir VValter Vavasor Sir Francis Hungate Mr. Middleton Robert Killinbeck a Jesuit and VVilliam Rushton a Priest their discourse was about establishing a Nunnery at Dolebank in hopes that the Plot of killing the King would take effect resolving they would venture their Lives and Estates to further it And the Prisoner concluded to give 90 l. a Year for ever for the maintenance of this Nunnery Upon which they all agreed that after his Death he should be canonized a Saint Accordingly the Prisoner did erect a Nunnery at Dolebank near Ripley where Mrs. Lashalls was Lady Abbess Mrs. Beckwith and Mrs. Benningfield her Assistants Ellen Thwing Eliz. Butcher Mary Root others were Nuns here they were to reside till the King was kill'd and then to remove to Heworth near York and here they did reside near a Year and an half till the Plot was discovered and he had seen several Leters from them to the Prisoner That about March last Esquire Gascoyne and Mr. Middleton got Licences from a Justice of Peace to travel to London and he heard them tell the Prisoner they designed to fly into France and accordingly sold off their Goods the Prisoner approving their Resolution That on May the 30th last the Prisoner bid the Witness go into the Gallery where one VVilliam Rushton his Confessor came to him and discours'd him about his having taken the Oath of Allegiance telling him it was a damnable Sin he having thereby denied the Power of the Pope to absolve him from it but that the Pope had Power to depose the King and had done it and that it was a meritorious act to kill the King and if he would undertake to do it he would assist him and give him Absolution quoting that Scripture Thou shalt bind their Kings in Fetters and their Princes in Chaines concluding that the King was deposed and it was meritorious to kill him and that unless he would turn Roman Catholick the Pope would give away his Kingdoms to another The same day the Prisoner talked with him in his Chamber and inquired of him what Rushton had said to him which he told him and then taking him by the hand the Prisoner told him if he would undertake a design that he and others had to kill the King he would give him 1000 l. but refusing to be concerned in Blood he desired him of all Love to Secresy That in September 1678. he heard the Prisoner tell his Daughter Lady Tempest that he would send 150 l. to Dolebanke in hopes the blow would be given shortly which she seemed to like and he heard a Letter read afterwards from Cornwallis that he had received it but it was too little for the carrying on so great a Design That he was a Protestant when he came first to the Prisoner's Service and turn'd Papist about VVhitsontide 1675. and left his Service in good Friendship July the 1st 1678. and turn'd Protestant again in June 1679. when he first made this discovery Mr. Mowbray deposed that he came to lie with Sir Tho. Gascoyne the beginning of 1674. and used to wait upon him in his Chamber and to be diligent in attending Mr. Rushton his Confessor at the Altar who therefore permitted him to be present in his Chamber where he heard him and other Priests discoursing in 1676 of a Design laid for setting up Popery and how likely it was to succeed most of the considerable Papists in England having engaged to act for it and if it could not be done by fair means force must be used declaring that London and York must be fired and that the King in Exile had promised the Jesuits beyond Sea to establish their Religion whenever he was restored which they now despaired of and therefore he was adjudged an Heretick and was to be killed and Rushton told the other Priests that according to Agreement he had given the Oath of Secresy and the Sacrament to the Prisoner and his Son and Daughter who had engaged to be faithful active and secret That about Michaelmas there was another meeting of these Priests and others where they declared that the King was an Heretick and that the Pope had excommunicated him and all other Hereticks in England Scotland and Ireland and that force was to be made use of And then did Rushton produce a List of about 4 or 500 Names of them that were engaged in the Design of killing the King and promoting the Catholick Religion which Rushton read over among which were the Names of the Prisoner Tho. Gascoyne Esq the Lady Tempest Mr. Vavasor Sir Francis Hungast Sir John Savile the two Townleys Mr. Sherborn and others and he knew the Prisoner's Name to be writ by his own hand They declared also that the Pope had given Commission to put on the Design with speed and had given a plenary Indulgence of 10000 Years for all that should act either in Person or Estate for killing the King and setting up Popery in England besides a Pardon and other Gratifications That the Priests that used
should be any Disturbance for they valued their Riches more than their Cause And at Oxford that he heard my Lord say again He wondred the People of England should stickle so much about Religion if he were to choose a Religion he would have one that should comply with what was apt to carry on their Cause Mr. John Smith deposed That he had often both in publick and private heard the Lord Shaftsbury speak very irreverently and slightly of the King saying He was a weak Man an inconstant Man of no firm or settled Resolution easily led by the Nose as his Father was before him by a Popish Queen which was the Ruin of his Father And that the King should declare That the Earl of Shaftsbury was not satisfied to be an ill Man himself but got over the E. of Essex too And that he was the chief promoter of the Rebellion in Scotland which when it was told him that he should send back word to the King That he was glad that the King saw not his own Danger But if he were to raise a Rebellion he could raise another-guess Rebellion than was that in Scotland One time particularly being sent for to the Lord Shaftsburies expressing his jealousy of the Irish Witnesses being drawn over to the Court-Party and retracting what they had said he order'd him to persuade them from going nigh that Rogue Fitz-Gerald maintain'd by the King and Court-Party to stifle the Plot in Ireland Saying also That when he was in the Tower he told some he saw Popery coming in and that it was hard to prevent it And that if the King were not as well satisfied with the coming in of Popery as ever the D. of York was the D. would not be so much concern'd about it as he was Afterwards having executed my Lord's Order one Mr. Bernard Dennis gave in an Information before Sir Patience Ward Lord-Mayor against Fitz-Gerald that he had tamper'd with him to forswear all he had sworn before the Copy of which Information he brought to the Lord Shaftsbury who when he had read it was very well pleased with it and said Mr. Smith don't you see the Villany of that Man and that factious Party and that the King runs the same steps as his Father did before him for that nothing of this Nature could otherwise be done I says he these are the very Steps that his Father followed when he was led by his Popish Queen and the poor Man doth not see his Danger Another time before the Parliament went to Oxford in discourse my Lord was saying to him That there was great Preparations made and a great many gathered together upon the Road between London and Oxford which he said was to terrify the Parliament to comply with the King's Desire which he was sure they never would for that the King aimed to bring in Popery But said he we have this Advantage of him if he offer any Violence to us for we expect it that we have the Nation for us and we may lawfully oppose him for it has been done in former Times and he will meet with a very strong Opposition for all that come out of the Country shall be well Hors'd and well Arm'd and so we shall be all and as old as he was that he would be one that would oppose to his Power and die before he would ever bring in Popery or any thing of that Nature Then Mr. Brian Haines deposed That he had often heard the Lord Shaftsbury vilify the King And that he and Mr. Ivey going to him one day about the Narrative he made of Sir Edmondbury Godfrey's Death he desired him not to expose his Person to the King's Anger because he was sure he would never grant a Pardon to any Man that impeached the Earl of Danby Says he Do not fear if he does not grant you a Pardon he makes himself the Author of the Plot and says he the Earl of Essex the Lord Maxfield and I we do all resolve if you 'l put in a Writing we will go to the King and beg a Pardon of him for you which if he does not grant we will raise the whole Kingdom against him for he must not expect to live peaceably in his Throne it he doth not grant it and this is the best Pretence we can have in the World we are prepar'd to raise Arms against him And after having heard a Pardon could not be had being begg'd for by the two Mr. Godfries he praying my Lord for a little Mony to help him to go beyond-Sea because he was sure he could not be safe in England My Lord told him the King durst as well be hang'd as meddle with him And one Day he being in Conference and giving my Lord an exact Account of Transactions having been a Traveller he asked my Lord What Model of Government was designed if they pulled the King down Says he Do you think there are no Families in England that have as much pretence to the Crown as any of the Stewarts Says he There is the Duke of Bucks that is descended of the Family of the Plantagenets one of the Edwards by his Mother and in her Right he should have the Barony of Ross and has as good a Title to the Crown of England as ever any Stewart had Then John Macnamarra being sworn deposed That he being with the Lord Shaftsbury after his return from the Parliament at Oxford concerning some Provision for the Witnesses he heard him express himself That the King was Popishly Affected and did adhere to Popery taking the same Methods that his Father before him took which brought his Father's Head to the Block and that they would also bring his thither and that he had told some Persons of Quality that this would fall out five Years before And at the same time that he said the King was a Faithless Man and no Credit was to be given to him and that the Dutchess of Mazarine was of his Cabinet-Council who was the worst Woman-kind And that he deserved to be deposed as much as ever King Richard the Second did Then Dennis Macnamarra deposed That he also heard the Lord Shaftsbury say in March or April in his own House Mr. Ivey being present That the King was not to be believe there was no Belief in him and he ought to be deposed as well a King Richard the Second and that the Dutchess of Mazarine was of his Cabinet-Council and he nothing but by her Consent Then Mr. Edward Ivey deposed That being at my Lord's House soon after the Parliament was dissolved at Oxford he heard him speak against the King saying He was an unjust Man and unfit to Reign and he wondred her did not take Example by his Father before him and that he was a Papist in his Heart and intended to introduce Popery And afterwards being with him with Hains he bid Hains to put what he had to say about the Death of Sir Edmondbury Godfrey into writing
Meetings was upon the account of carrying on the Conspiracy and discoursing about the Condition the Conspirators were in As to the intended Insurrection he said If he could but see a Cloud at big as a Man's Hand he would not be wanting to employ his Interest That the Prisoner also had told him that he intended to take an House near the Tower to place Men in in order to surprize it to that end he held correspondence with some Sea-Captains and that he had been with them at Coffee-Houses Mr. Richard Goodenough deposed That being in company with the Prisoner he had heard him approve of the Design and promise to use his Interest in raising Men and not only to be assisting in the Division allotted him but in surprising the City Savoy c. and in driving the Guards out of Town Then the Prisoner called several Witnesses to invalidate Lee's Testimony Sir Robert Adams testified to a false Report of his about beating three Knights Sir Simon Lewis was called to the same purpose but appeared not James Child could say nothing but that Lee was an Honest Man One Baker was also call'd to testify that Lee would have suborned him against the Prisoner to his Prejudice some Years since of which he had made Affidavit before Sir William Turner But Baker not appearing Sir William Turner was desired to give account of it but it being above two Years since he could not remember such Particulars His Clerk Mr. Tomkins remembred such an Affidavit was made in 1682 which mention'd Mr. Lee but to the best of his remembrance it was returned before the King and Council and he could not give any account of the Particulars Mr. Bateman then desiring to know upon what Statute he was Indicted and being assisted by his Son by reason of his Incapacity making little more Defence the Ld. Ch. Justice of the King's-Bench summ'd up the Evidence and other Prisoners were tried and just before the Jury went out the aforesaid Baker being found with much ado it was obtain'd that he should give in his Evidence which was That Lee perswaded him to intrude himself into the Prisoner's Company and some others and to discourse of State-Affairs by which means he would find a way to make him a Man of which he had made Affidavit before Sir William Turner But this the Court interpreted to Lee's Advantage as if he only thereby designed to make a discovery of the Plot and so have got a further Evidence to corroborate his own reflecting on Baker as a broken Fellow c. After which the Jury withdrawing for half an hour brought the Prisoner in Guilty And accordingly he being brought again to the Bar on Friday following Mr. Recorder sentenc'd him to be Drawu Hang'd and Quarter'd which was executed upon him at Tyburn on Friday Decemb. 18th following The Trial of John Hambden Gent. At the Session's-House in the Old-Baily on Wednesday Decemb. 30. 1685. THen and there the Prisoner appearing and the grand Jury for the County of Middlesex call'd over his Indictment was read which was for High-Treason in conspiring the Death of the late King and raising a Rebellion in this Kingdom To which before Mr. Hambden pleaded he intimated his having been tried for the same Fact above two Years ago and withal gave the Lord Chief Justice to understand that he thought he had as much to say in Point of Law for himself as any Prisoner that ever came before him but that he was resolved to pass by all Pleas whatsoever and cast himself wholly upon the King's Mercy The Lord Chief Justice told him his former Indictment was for High-Misdemeanour but this for High-Treason and therefore a different Fact requiring him therefore to plead Then he pleaded Guilty to the Indictment requesting his Lordship's Intercession for him with the King Which was readily enough granted and the Method he was perswaded to take highly approved as answering the Design of giving Life and Credit to the Fanatick Rlot and gratifying the Importunity possibly of some Great Ones However the dismal Sentence of Death was by Mr. Recorder pronounced upon him due to High-Treason yet not without a shew of Tenderness and some encouragement of an Obligation this brave Person had hereby merited with them This getting a Pardon when nothing else must Books lately Printed and Sold by Jonathan Robinson at the Golden Lion in St. Pauls Church-yard relating to the great Revolutions in England and Scotland 1688 1689. ☞ AN Account of the Reasons of the Nobility and Gentry's Invitation of the Prince of Orange into England Being a Memorial from the English Protestants concerning their Grievances with a large account of the Birth of the Prince of Wales presented to their Highnesses the Prince and Princess of Orange A Collection of Political and Historical Papers relating to the wonderful Revolutions in England and Scotland in 12 Parts from the time of the seven Bishops petitioning K. James the 2d to the Coronation of K. Willian and Q. Mary A Brief History of the Succession of the Crown of England c. Collected out of the Records and the most Authentick Historians written for the Satisfaction of the Nation Wonderful Predictions of Nostredamus Grebner David Pareus and Autonius Torquatus wherein the Grandeur of their Present Majesties the Happiness of England and Downfall of France and Rome are plainly Delineated With a large Preface shewing That the Crown of England has not been obscurely foretold to their Majesties William the 3d and Queen Mary late Prince and Princess of Orange and that the People of this Ancient Monarchy have duly contributed thereunto in the present Assembly of Lords and Commons notwithstanding the Objections of Men of different Extremes A Seasonable Discourse wherein is examined what is lawful during the Confusions and Revolutions of Government especially in the Case of a King deserting his Kingdoms and how far a Man may lawfully conform to the Powers and Commands of those who with Various Successes hold Kingdoms Whether it be lawful 1 In Paying Taxes 2 In personal Service 3 In taking of Oaths 4 In giving up himself to a final Allegiance A Seasonable Treatise wherein is proved That King William commonly called the Conqueror did not get the Imperial Crown of England by the Sword but by the Election and Consent of the People To whom he swore to observe the Original Contract between King and People An Answer to a Paper Intituled The Desertion Discussed being a Vindication of the Proceedings of the late Honourable Convention in their Filling up the Throne with King William and Queen Mary An Exact Collection of the Debates of the House of Commons particularly such as relate to the Bill of Exclusion of a Popish Successor c. held at Westminster Octob. 21. 1680 Prorogued the 10th and Dissolved the 18th of January following With the Debates of the House of Commons at Oxford Assembled March. 21. 1680. Also a Just and Modest Vindication of the Proceedings of the said
July 13. 1683. THen and there the Prisoner appearing he was Arraigned upon an Indictment of High-Treason for conspiring the Death of the King and subversion of the Government To which being required to plead he desired a Copy of his Indictment but being told nothing could be granted till he had pleaded he pleaded Not Guilty And then complain'd of his being arraign'd and tried at the same time desiring a Copy of his Panel having had only some Names of Persons usually upon Juries and that his Trial might be deferr'd till the Afternoon in regard he had a Witness that was not in Town But the Attorn Gen. urg'd the Jury might be called Then the Prisoner desired a Pen and Ink and some to write for him and to have the use of his Papers all which were granted And then John Martin being named the Lord Russel asked if he were a Free-holder of forty Shillings a Year saying that he thought none were allowed but such as were Free-holders To which the Court replied That no Pannel was made in London by Free-holders for that London Estates belonging either to the Nobility or Gentry that lived out of the City or to Corporations London was excepted To this his Lordship urged the Statute of 2 Hen. 5. wherein he said it was positive that in Cases of Life and Death no Man should be judged but by those that have forty Shillings a Year But the Attorn Gen. not allowing the Prisoners Exceptions his Counsel were called and again assigned him by the Court Mr. Pollexfen Mr. Holt and Mr. Ward who learnedly urged what they took to be Law in that Case and were answer'd by the Attorn Gen. Mr. Sol. Gen. Sir George Jefferies and Mr. North the King's Counsel And then it was adjudged by eight of the Judges being present viz. the Ld. Ch. Justice the Ld. Ch. Baron Mr. Justice Wyndham Mr. Justice Jones Mr. Justice Charlton Mr. Justice Levins Mr. Baron Street and Mr. Justice Withens that in case of Treason Free-hold was no good cause of Challenge The Jury-men therefore were called and after the Lord Russel hah challenged 31 of them the following Persons were sworn viz. John Martin William Rouse Jervas Seaton William Fashion Thomas Short George Toriano VVilliam Butler James Pickering Thomas Jeve Hugh Noden Robert Brough Thomas Oneby To whom the Indictment being read the same was opened by Mr. North and the Attorny-General opened the Evidence And then Col. Rumsey being sworn deposed That about the latter end of October or beginning of November the Lord Shaftsbury sent him from his Lodging by VVapping to Mr. Shepherd's to the Duke of Monmouth the Lord Russel Lord Grey Sir Thomas Armstrong and Mr. Ferguson there met to know what Resolution they were come to about the rising of Taunton Their answer was That Mr. Trenchard had failed them that he had promised 1000 foot and 300 Horse but when he came to perform it he could not He thought the People would not meddle unless they had some time to make Provision for their Families That Mr. Ferguson made this Answer the Lord Russel and the Duke of Monmouth being present and the Lord Grey saying something to the same purpose And upon this it was the Lord Shaftsbury prepared to be gone That he was with them at Shepherd's about a quarter of an hour and that there was some discourse about seizing of the Guards at the Savoy and Mews in case the Insurrection had gone on which was to have been on Novemb. 19. and that the Duke of Monmouth the Lord. Grey and Sir Thomas Armstrong undertook to view the Guards and that the Lord Russel assented to all this and the Witness was to have gone to Bristol by the order of the Earl of Shaftsbury against that time Then Mr. Shepherd deposed that in October Mr. Ferguson came to him in the Duke of Monmouth's Name to request the conveniency of his House for him and some other Persons of Quality to meet That in the Evening came the Duke of Monmouth the Lord Grey the Lord Russel Sir Thomas Armstrong Col. Rumsey and Mr. Ferguson one after another That Sir Thomas Armstrong desired they might be private and therefore what they wanted he fetch'd up himself not suffering his Servants to come up That their Discourse was about seizing the Guards and the Duke of Monmouth Lord Grey and Sir Thomas Armstrong went one time to view them and the next time they met at his House he heard Sir Thomas say the Guards were very remiss in their Places and not like Soldiers and that the thing was feasible if they had strength to do it That they met twice at his House and the Prisoner was there both times That Mr. Ferguson read a Paper in the Nature of a Declaration setting forth the Grievances of the Nation in order to a Rising He could not say the Lord Russel was present at the reading of it but Col. Rumsey was who then deny'd it saying it was over before he came Then the Lord Howard being sworn began his long Evidence with a low Voice pretending the News he had just then receiv'd of the Earl of Essex's Fate had sunk his Voice and a long Story of the Designs of the Earl of Shaftsbury an Account of which he had from Capt. VValcot whom he brought acquainted with the Earl of Shaftsbury and by whom the Earl of Shaftsbury sent for him while he absconded at one VVatson's at the end of VVoodstreet and there discover'd to him his Design of the Rising and that he had 10000 brisk Boys ready to follow him whenever he held up his Finger who were to possess themselves of the Gates and would in an Hour's time be 5 times multiplied But that his Design was much retarded by the backwardness of the Duke of Monmouth and the Lord Russel who failed him in not being ready prepared to concur with him in the Country that he then endeavour'd to shew the Earl of Shaftsbury the necessity of having those Lords concurrence in so weighty an Undertaking and proffer'd his Service to bring them to a right Understanding among themselves to this end he spoke with the Duke of Monmouth who deny'd that either he or the Lord Russel had given the Earl of Shaftsbury any incouragement to be so forward because they knew the Country could not be ready to stir so soon That a Meeting was then propos'd but afterwards put off by reason of the Earl of Shaftsbury's fears of being discover'd That the Duke of Monmouth told him that the Lord Russel had been with the Earl of Shaftsbury and preswaded him to put off his Rendezvouz for only a Fortnight against which time they would try to be ready for him But the Country not being ready that Design was disappointed That in October Captain Walcot acquainted him with the Design upon the King with which he acquainted the Duke of Monmouth who said he would never suffer it and they did all they could to prevent it This failing the