endeavouring to raise a Rebellion to seize and destroy the Kings Guards to deprive the King and put him to death The Attorney-General urged That the Duke of Monmouth the Lord Gray Sir Tho. Armstrong Mr. Ferguson and this Lord with the Earl of Essex then dead were of a Council for a general Rising to which end they received several Messages from the Earl of Shaftsbury who being disappointed by Mr. Trenchard who had promised to raise a thousand Foot and two or three hundred Horse he and Ferguson left the Kingdom The Witnesses were Col. Rumsey Mr. Shepherd and the Lord Howard on whose evidence he was found guilty and sentenced to die and accordingly he was beheaded in Lincolns-Inne-Fields July 21. 1683. The next was the Tryal of Mr. Rous against whom Mr. Leigh Mr. Lee Mr. Corbin Mr. Richardson gave such evidence that he was presently found guilty and received sentence to die and was executed accordingly Captain Blague being indicted for conspiring to seize the Tower of London received his Tryal but was acquitted Algernon Sidney was tryed at the Kings-Bench-Bar on the 7th 21th and 27th of November 1683. His Indictment was almost the same as the former onely there was added to it his sending of Aaron Smith into Scotland to excite and stir up the Subjects to a Rebellion there and his being the Author of a traiterous Libel containing among other seditious discourses these words viz. The power originally in the People of England is delegated unto the Parliament He the most serene Lord Charles the Second now King of England meaning is subject unto the Law of God as he is a man to the People that makes him a King inasmuch as he is a King the Law sets a measure unto that Subjection and the Parliament judges of particular cases thereupon arising He must be content to submit his interest to theirs since he is no more than any one of them in any other respect than that he is by the consent of all raised above any other If he doth not like this condition he may renounce the Crown but if he receive it upon that condition as all Magistrates do the power they receive and swear to perform it he must expect that the performance will be exacted or revenge taken by those that he hath betrayed And in other places these traiterous Sentences are contained viz. We may therefore change or take away Kings without breaking any Yoke or that is made a Yoke which is not one the injury is therefore in making and imposing and there can be none in breaking it c. In p. 23 24 25 26. many other things were read at the Tryal out of that Libel particularly p. 26. where speaking of a King he says When the matter is brought to that that he must not reign or the People over whom he would reign must perish it 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 onely Judges because it is their own and onely concerns themselves The Attorney-General p. 13. says The whole Book is an Argument for the People to rise in Arms and vindicate their Wrongs He i. e. Sidney lays it down That the King hath no authority to dissolve the Parliament but 't is apparent the King hath dissolved many therefore he hath broken his Trust and invaded our Rights And concludes We may therefore shake off the Yoke for 't is not a Yoke we submitted to but a Yoke by Tyranny that is the meaning of it imposed on us The Witnesses who swore to the Indictment were Mr. West Col. Rumsey Mr. Keeling the Lord Howard Sir Andrew Foster Mr. Atterbury Sir Philip Lloyd Mr. Shepherd Mr. Cary and Mr. Cooke upon whose evidence the Jury found him guilty of High-Treason and accordingly sentence was pronounced against him and he was executed on Tower-hill Decemb. 7. 1683. I shall adde onely a few Remarks on the dying Speeches and Confession of these men and first of Col. Sidney He had no other Apology for himself but that he had been engaged from his youth in that Old Cause for which he prayed in these words Defend thine own Cause and defend these that defend it stir up such as are faint direct those that are willing confirm those that waver give wisdom and integrity unto all Grant that I may die 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 Cause in which I was from my youth engaged and for which thou hast often and wonderfully declared thy self Now the Old Cause wherein Col. Sidney was engaged was the destruction of the Church and the Royal Martyr to set up a Commonwealth in which he acted as a Colonel and one of the Judges of the Royal Martyr yet he calls these Treasons Gods Truth In what Religion this Gentleman died God onely knows for he made no profession at all whether Presbyterian Independent Anabaptist or Quaker but a Protestant at large as any of those Factions term themselves As to the Lord Russel he was also unhappily engaged in the same OLD CAVSE from his youth as may appear by the following Relation Mr. Johnson the Author of the Life of Julian confirmed him in his riper years in those opinions which * This Lewis was a stickling Presbyterian that had gotten the Sequestration of Totnam-high-cross from Mr. Wimpew a loyal Minister of the Church of England To this Lewis many Noblemen and Gentlemen sent their Sons for Education among whom was the late Lord Russel And to divert his Scholars he composed a Farce wherein the young Gentlemen were to be Actors The Farce had all the Formalities of a High Court of Justice President Sollicitor Witnesses c. The Criminal was an old Shock Water-Dog which he called Charles Stuart This Dog was arraigned tryed condemned and executed by cutting off his head By which action he instilled the Principles of Ring-killing into his Scholars as if the murdering of a King were no more than the cutting off a Dogs neck Mr. Lewis and Dr. Manton had educated him For Mr. Johnson having written that Traiterous Book to defend the mischievous Doctrine of Resistance this unhappy man could not be extricated from that snare to his death And it was long before his acquaintance with this Seditious Author that Dr. Manton a great Abettor of the first War and a Favourite of Cromwel had instilled the same Principles into him For in his Comment on St. James 4.1 he proposeth this Question Whether Religion may be defended by Arms To which he answers That sometime the outward exercise of Religion and
to maintain it against all the Arguments of Papists and Fanaticks whereby it will also appear how impotent and malicious their Accusations have been in that they have declaimed most vehemently against those as Papists that have most learnedly and successfully defended the established Church against Popery and Fanaticism which have been equally pernicious to it Insomuch that if any loyal Clergie-man or other hath in a time of need written for Loyalty or Conformity they have been marked out for Papists which is a plain Argument that the Popery and Tyranny which they decry is Christian Loyalty and Conformity And to manifest to all sober men how little of good nature as well as of Christian Piety and Charity these men have I have given many undeniable instances of their acting on the same Principles and in the like Practices as the most dangerous Papists sometimes in actual confederacy with them for the ruine of the Government For however they seem opposite to each other they are agreed to do the Government a mischief and Duo quum faciunt idem non sunt Duo They that agree in Treason are all Traytors Facinus quos inquinat aequat And of this take the following instance On October 3. 1643. there was a Letter sent from Dublin to a Member of the House of Commons which shews by what example they acted as followeth There was a Fryar taken the last Expedition into Conaught about whom was found a Collection of all your Votes Ordinances and Declarations carefully marked with short marginal Notes out of which he composed a large Manuscript intituled An Apology of the Catholicks of Ireland or a Justification of their defensive Arms for the preservation of their Religion the maintenance of his Majesties Rights and Prerogatives the natural and just defence of their Lives and Estates and the Liberty of their Country by the practice of the State of England and the Judgment and Authority of both Houses of Parliament It was penned with so little variation of Language that the name of Ireland being changed for England and the chief Actors there for those under the Parliament your own Clerk would scarce know it from one of your own Declarations All that they do is for the good of the King and Kingdom he is intrusted with all for the good of the People if he dischargeth not his trust but is advised by evil Counsellors and persons they cannot confide in 't is their duty to see this Trust discharged according to the condition and true intent thereof That they saw their Religion and Liberty in danger of extirpation and therefore had reason to put themselves in a posture of Defence but are ready to lay down their Arms as soon as the great Offices of the Kingdom are put into such hands as they can confide in c. Mutato nomine de te Anglia narratur There is lately printed an excellent Treatise vindicating the Church of England from the imputation of Popery in Doctrine Worship and Discipline to which I refer my Reader as to those points That which I designe is to vindicate our Governours in Church and State principally those who have been most accused from the like Aspersions and to retort the calumny of their Accusers by shewing their Harmony and Intrigues with the Papists both in Principles and Practices that the mouth of such Slanderers may be stopped The following Collections may serve to convince all well-affected persons that both the Papists and Fanaticks how contrary soever to each other are well agreed to attempt the Ruine of our Church as it is now established the Papists under the pretence that we are Hereticks and the Fanaticks that we are Papists but the true reason is that the Papists may regain those Profits and Dignities which for a long time they usurped in this Nation which was the most fruitful Garden that ever the Pope claimed as belonging to his Palace and the Fanaticks that they may retrieve their former sacrilegious Purchases of Crown and Church-lands and divide them among themselves Of the first we have this evidence That the Pope fills up the places of our Bishops Deans and other Dignitaries to encourage his Emissaries of which we have this Specimen in print BISHOPS CANTERBURY Cardinal Howard YORK Perrot Superior of Secular Priests LONDON Corker President of Benedictine Monks WINCHESTER White alias Whitebread DURHAM Strange late Provincial of Jesuits SALISBURY Dr. Godden NORWICH Nappier a Franciscan ELI Vincent Provincial of Dominican Monks EXETER Wolfe one of the Sorbone PETERBOROUGH Gifford a Dominican Fryar LINCOLN Sir Jo. Warner Baronet a Jesuit CHICHESTER Morgan a Jesuit BATH and WELLS Dr. Armstrong a Franciscan CARLISLE Wilmot alias Quarterman CHESTER Thimbleby a Secular Priest HEREFORD Sir Tho. Preston a Jesuit BRISTOL Mundson a Dominican OXFORD Williams Rector of Watton in Flanders St. DAVIDS Belson a Secular Priest St. ASAPH Jones a Secular Priest BANGOR Joseph David Kemash a Dominican ABBOTS WESTMINSTER Dr. Seldon a Benedictine Monk SION-HOUSE Skinner a Benedictine Monk DEANS CANTERBURY Belton a Sorbonist St. PAULS Libourne a Secular Secretary to Cardinal Howard WINDSOR Howard with twelve Benedictine Canons CHICHESTER Morgan a Secular WINTON Dr. Watkinson President of the English Colledge at Lisbone Many other Dignities are by the Popes Bull disposed of to Foreigners but these being of our Kings Dominions have been many of them diligent Promoters of our Wars that they might kill and take possession Judge now what temptation our present Bishops have to bring in Popery when the coming in of that will turn them out of their Dignities and Livelihoods if not out of the World too as in the Marian days And that the Fanaticks aim at the same end is demonstrable not onely from the unlimited power which some of their Ministers exercised over their Brethren far beyond any of the Bishops but their dividing the most profitable Benefices among themselves sequestring those loyal Clergie-men that were legally possessed of them As also from a late Proposal of Baxter Humfrys and Lob in the name of other Nonconformists who would still retain the name of Bishops so they might have the power and profit for they would have some chosen out of the several Parties of Presbyterians Independents and Anabaptists onely they desire that the Bishops should be declared Ecclesiastical Officers under the King acting Circa Sacra onely by vertue of his Commission and Authority upon which account if any of the eminent among the Nonconformists were chosen Bishops they could not refuse it as they say And indeed at the time of making this Proposal these wise men like the wise Ladies of Sisera's Mother had divided the Spoil to every man a prey of two or three Dignities besides the Garments of divers colours Judg. 5.30 Now I desire all rational men to consider that as it is a great folly and meer fascination in some to serve the lusts of those that are the Slaves of him that stiles himself the Servum Servorum Domini so it
was forming some Villains were carrying on that horrid and execrable Plot of Assassinating his Majesties person and his dearest Brother And a Massacre was to follow wherein they principally designed for slaughter the Officers of State the present Lord Mayor and Sheriffs of London and others that had been most eminent for Loyalty Upon which Discovery James Duke of Monmouth the Lord Melvin Sir Jo. Cockrane Sir Thomas Armstrong Robert Ferguson Richard Goodenough Francis Goodenough Richard Rumbold William Rumbold Richard Nelthorp Nathaniel Wade William Tompson James Burton Joseph Elby Samuel Gibbs Francis Charleton Joseph Tyley Casteers and Lobb two Nonconformist-preachers Edward Norton John Row John Ayloff and John Atherton fled from Justice Ford Lord Grey made his escape Arthur Earl of Essex killed himself in the Tower William Lord Russel Thomas Walcot William Hone and John Rous were on their Tryals convicted and executed And it is observable that each of them confessed enough to clear the Justice of the Nation The most that they could plead for themselves was that their Crime could amount onely to misprision of Treason Algernoon Sidney another of the Conspirators was tryed condemned and executed afterward who professed to die for the Old Cause wherein he had been engaged from his youth And indeed he was so far engaged that being named for one of the Royal Martyr's Judges he often appeared at his Tryal And Manus haec inimica Tyrannis was his Motto The Earl of Shaftsbury had been indicted of High-Treason 24 Novemb. 1681. for endeavouring to depose and put to death the King and levy war within the Kingdom he having declared That in a short time the Parliament was to sit at Oxford and that he had inspected the Elections and was satisfied that the Parliament would insist on three matters viz. The Bill of Exclusion against the Duke of York The abolishing the Act of Parliament of the 35 of Queen Elizabeth and a new Bill for uniting Protestant Dissenters which he was confident the King would not consent to and if so that he and other Lords had provided strength to compel him under the command of Captain Wilkinson and John Booth he declared the King to be a man of no faith and there was no trust in him That he deserved to be deposed as well as King Richard the second And the said Earl further declared That 〈◊〉 would not desist till he brought this Kingdom 〈◊〉 a Commonwealth as Holland was That the King was a man of an unfaithful heart not fâ—â— to rule and govern being false unjust and crueâ— to his people and if he would not be governed they would depose him Though the Witnesseâ— swore positively to the particulars yet there was such a Jury provided as brought in an Ignoramus Sir Sam. Bernardiston being their Foreman who hath since been found guilty of Misdemeanors of a high nature During the late seditious Stirs and Tumults none was more active than one Stephen Colledge a Joyner of London a pragmatical person that pleased himself with the title of The Protestant Joyner he had been busie for a long time sowing Sedition and talking Treason so openly that his Friends advised him to forbear lest he came to the Gallows He made it his business to serve some dissenting Lords boasting of his acquaintance with the Earl of Shaftsbury Lords Gray Howard Clare Huntington Pagit Lovelace c. He had fitted his Raree Show and scandalous Songs and Pictures reflecting on the Royal Family The sole pretence for his treasonable actions was his zeal against Papists who he said had feigned seventeen or eighteen Sham-plots against the Protestants he affirmed that London was to be seized by the Papists and that they had a designe against the Parliament at Oxford and therefore he with some others whom he had perswaded came well armed thither Divers Ribbons were provided as a mark of distinction bearing this Motto NO POPERY NO SLAVERY one of which he gave to Turbervil and it was proved as the Lord Chief Justice said at the close of the Tryal whom he called Papists The King was a Papist the Bishops and the Church of England were Papists He was indicted for High-Treason the 17 and 18 of August 1681 it being proved that he said That nothing of good was to be expected from the King That he minded nothing but beastliness and the destruction of the people That he endeavoured to establish Arbitrary Government and Popery Dugdale Smith and Turbervil who had been Witnesses against the Lord Stafford were of the Evidence against him though there were enough if these had been laid aside to have proved him guilty Mr. Masters testified against him p. 31. That he said The Parliament in 1640. was as good a Parliament as ever was chosen To which Mr. Masters answered I wonder how you have the impudence to justifie their proceedings that raised the Rebellion against the King and cut off his head To which Colledge replied They did nothing but what they had just cause for and the Parliament at Westminster was of their Opinion p. 31. And being demanded what he had to say against this testimony he answers That Mr. Masters had said nothing material and that it was but a jocose discourse p. 39. To which Mr. Justice Jones replied Do you make mirth of the blackest Tragedy that ever was that horrid Rebellion and the murther of the late King Colledge answered I never justified that Parliament in any thing that they did contrary to Law One Mr. Jennings who was another Witness testified that on the bleeding of Colledge's Nose he said It was the first bloud that he lost in the Cause but it will not be long ere more be lost He saw him sell the Ribbons with NO POPERY NO SLAVERY to a Parliament-man as he supposed who tyed it on his Sword c. p. 32. It is observed in the Tryal that there was not one Papist that gave evidence against him and that they were such of whom Colledge had formerly given a good Character though now the case was altered The Jury were so well satisfied with the Evidence that they quickly agreed and brought him in guilty and so he was condemned and executed at Oxford on Wednesday 31 of August 1681. Captain Tho. Walcot was indicted for High-Treason at the Old-Baily July 12 c. 1683. for endeavouring to move and stir up War and Rebellion against the King to deprive the King of his Crown and to put him to death for which he conspired with divers other Traytors and had several meetings and consults to those ends and provided Blunderbusses Carbines and Pistols c. Which being proved by Col. Rumsey Mr. Keeling Mr. Bourne Mr. West and Captain Richardson he was found guilty sentenced and executed Then was William Hone arraigned on the like Indictment the Evidence against him were Mr. Keeling Mr. West Sir Nicholas Butler and Capt. Richardson upon whose testimonies he was found guilty and executed also July 13. the Lord Russel was tryed for
accused our Church and Government of Popery for retaining those innocent and indifferent things agreeable to the primitive practice to make a publick declaration of their abhorrence of Romish principles and practices such as I have already charged them withal To which I may adde their claiming of a Supremacy above Princes and Parliaments in matters Ecclesiastical and divers other things which are the most pernicious and Antichristian Doctrines and Practices of that Church which have drawn the greatest reproach and odium on the Reformation And if they would heartily perform this duty I doubt not but they would see a necessity of returning to the Communion of the Church as it is now established and to assist her in her conflicts against the Church of Rome than which there is no means more probable to keep out that Popery against which they pretend so great an aversion And to induce them hereunto I shall recommend to their serious consideration how far the Principles and Practices of the Jesuits under the name of Doleman and of the old Regicides under that of Bradshaw and our new Conspirators under the Notions of Sidney do agree as it is fitted to my hand in this Parallel THE PARALLEL 1. DOLEMAN THere can be no doubt but that the Commonwealth hath power to chuse their own fashion of Government as also to change the same upon reasonable Causes In like manner is it evident that as the Commonwealth hath this Authority to chuse and change her Government so hath she also to limit the same with what Laws and Conditions she pleaseth Conference about Succession part 1. cap. 1. pag 12 13. All Law both Natural National and Positive doth teach us That Princes are subject to Law and Order and that the Common-wealth which gave them their Authority for the common good of all may also restrain or take the same away again if they abuse it to the common evil The whole Body though it be governed by the Prince as by the Head yet is it not Inferiour but Superiour to the Prince Neither so giveth the Commonwealth her Authority and Power up to any Prince that she depriveth her self utterly of the same when need shall require to use it for her defence for which she gave it Part 1. cap. 4. pag. 72. And finally the Power and Authority which the Prince hath from the Common-wealth is in very truth not Absolute but Potestas vicaria delegata i. e. a Power Delegate or Power by Commission from the Commonwealth which is given with such Restrictions Cautels and Conditions yea with such plain Exceptions Promises and Oaths of both Parties I mean between the King and Commonwealth at the day of his Admission oâ— Coronation as if the same be not kept but wilfully broken on either Part then is the other not bound to observe his Promise neither though never so solemnly made or sworâ—â— Part 1. cap. 4. p. 73. By this then you see the ground whereon dependeth the righteous and lawful Deposition and Chastisement of wicked Princes viz. Their failing in their Oath and Promises which they made at their first entrance Then is the Commonwealth not onely free from all Oaths made by her of Obedience or Allegiance to such unworthy Princes but is bound moreover for saving the whole Body to resist chasten or remove such evil Heads if she be able for that otherwise all would come to Destruction Ruine and publick Desolation Part 1. cap. 4. p. 77 78. 2. BRADSHAW THe People of England as they are those that at the first as other Countries have done did chuse to themselves this Form of Government even for Justice sake that Justice might be administred that Peace might be preserved so Sir they gave Laws to their Governours according to which they should govern and if those Laws should have prov'd inconvenient or prejudicial to the Publick they had a Power in them and reserved to themselves to alter as they shall see cause Kings Tryal p. 64. CHARLES STUART King of England The Commons of England assembled in Parliament according to the fundamental Power that rests in themselves have resolved to bring you to Tryal and Judgment p. 29. If so be the King will go contrary to the end of his Government Sir he must understand that he is but an Officer of Trust and he ought to discharge that Trust and they are to take order for the Animadversion and Punishment of such an Offending Governour p. 65. Sir Parliaments were ordained for that purpose to redress the Grievances of the People And then Sir the Scripture says They that know their Masters will and do it not what follows The Law is your Master the Acts of Parliament p. 66 67. This we know to be Law Rex habet superiorem Deum Legem etiam Curiam and so says the same Author and truly Sir he makes bold to go a little further Debent ei ponere fraenum They ought to bridle him p. 65. That the said Charles Stuart being admitted King of England and therein trusted with a limited Power Vid. Char. p. 30. The House of Commons the Supream Authority and Jurisdiction of the Kingdom p. 48. Which Authority requires you in the name of the People of England of which you are elected King to answer them p. 36. Sir you may not demur the Jurisdiction of the Court they sit here by the Authority of the Commons of England and all your Predecessors and you are responsible to them p. 44. For there is a Contract and Bargain between the King and his People and your Oath is taken and certainly Sir the Bond is reciprocal Sir if this Bond be once broken farewel Soveraignty p. 72. Sir though you have it by Inheritance in the way that is spoken of yet it must not be denied that your Office was an Office of Trust Now Sir if it be an Office of Inheritance as you speak of your Title by Descent let all men know that great Offices are seizable and forfeitable as if you had it but for a year and for your Life p. 73. And Sir the People of England cannot be so far wanting to themselves which God having dealt so miraculously and gloriously for they having Power in their hands and their Great Enemy they must proceed to do Justice to themselves and to You. p. 75. 3. SIDNEY And other of The True Protestant Party GOd hath left Nations unto the liberty of setting up such Governments as best pleased themselves The Right and Power of Magistrates in every Country was that which the Laws of that Country made it to be Sidn Pap. p. 2. St. Peter 1 Pet. 2.13 14. stiles Kings as well as the Governours under him the Ordinance of Man which cannot have any other sence but that Men make them and give them their Power Hunt's Postsc p. 37. By all which it is evident That the Succession to the Crown is the Peoples Right And though the Succession to the Crown is Hereditary because
the People so appointed it would have it so or consented to have it so yet in a particular Case for the saving the Nation The whole Line and Monarchy it self may be altered by the unlimited Power of the Legislative Authority Hunt's Postsc p. 43. Some men will talk as if they believed themselves That the Legislative Power is in the King when no King of England yet ever pretended to it A Legislative Authority is necessary to every Government and therefore we ought not to want it and therefore Parliaments in which our Government hath placed the making of Laws cannot be long discontinued Hunt's Postsc p. 28. BRACTON saith that the King hath three Superiours to wit Deum Legem Parliamentum that is the Power originally in the People of England is delegated unto the Parliament Sid. Tryal p. 23. All Government is founded in Trust and setled in such a Person or limited to such a Family for the safety and advantage of the People as well as of the Ruler It is remarkable that there was never a conveyance of the Crown of England to any person but upon the tacit Concurrence and with the virtual or implicite Consent of the People And therefore anciently before any King of England was actually crown'd the People being first acquaintainted with the day appointed for that Solemnity were three several times publickly asked whether they would have such a Person to rule over them Letter from a Gentleman in the City concerning the D. of Y. p. 13 14. Those Laws were to be observ'd 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 Sidn Pap. p. 2. If he doth not like his condition he may renounce the Crown but if he receive it upon that Condition as all Magistrates do the Power they receive and swear to perform it he must expect that the performance will be exacted or revenge taken by those he hath betrayed Sidn Tryal p. 23. I will hope there are very few in this Nation so ill instructed that do not think it in the power of the People to depose a Prince who really undertakes to alienate his Kingdom or that really acts the destruction or the universal Calamity of his People Great consid relating to the D. of Y. consider'd p. 6. And he fixeth the Government in the major part To give every one his due is to administer Defence to the Innocent and by Authority of Law to subdue the Aggressors of mankind how great and mighty soever they be Fiat justitia therefore Id. p. 16. The Author of the Plea to the Dukes Answer says that when Kings are ill ones God not onely approves of their removal but he himself doth it The Political Catechism placeth the Government in the two Houses of Parliament and the Letter to a Person of Honour says There may be a self-deposition of a Prince actually regnant Thus far the Parallel If there be a Note above Ela the Sweet Singers of Scotland have reached it in crying Down with the established Government down with it to the ground Cargil a Field-preacher in the name of the true Presbyterian Kirk of Scotland pronounced the King excommunicate forbidding the people not onely to obey him but to pray for him These men set up a Mock-Convention of States like Bradshaw's High Court wherein without the formality of a Tryal they take a forfeiture of his Majesties Crown and pronounce him deposed and all the Officers of the Crown Privy-Counsellors Judges Magistrates and Officers of the Army who adhered to the King and opposed their Field-Conventicles especially the Conforming Clergie as perjured and apostate persons were marked out for destruction Kid and King two Field-preachers who were executed August 14. 1679. for preaching Sedition and Rebellion to some thousands of armed men who had set up a Banner and called it The Banner of Jesus Christ in an open War against the King and pronouncing the King guilty of Perjury and that he had no right to govern having driven Christ out of his Kingdom These men in their dying Speeches bore witness to their National and the solemn League and Covenant which they believed could not be dispensed with by any person or Party on earth against all Oaths and Bonds contrary to it especially that of Supremacy and the Bond for Peace and against all that connive at comply with or strengthen the hands of the Prelatical malignant and persecuting Party Kid counted it an honour that he was counted worthy to be staged upon such a consideration and encourageth the people to persist saying God would perfect his strength in their weakness and threatned the Nation with the Sword of the Lord and of Gideon The Scottish book called Naphtali says Whatever indignity is done to the Solemn League and Covenant is no less than doing despite to the Covenant of Grace in his most eminent exerting himself and is a sin of the nature as that of those men who ascribed our Saviours casting out Devils by Beelzebub but far greater They condemn all Acts of State against it particularly this which follows which some would chuse to die rather than consent to I do sincerely affirm and declare that I judge it unlawful to Subjects upon pretence of Reformation or other pretence whatsoever to enter into Leagues or Covenants or to take up Arms against the King or those commissionate by him and that all those Gatherings Convocations Petitions Protestations and erecting and keeping of Council-Tables that were used in the beginning and for carrying on of the late Troubles were unlawful and seditious and particularly that those Oaths whereof the one was commonly called The National Covenant as it was sworn and explained in the year 1638 and thereafter and the other entituled The Solemn League and Covenant were and are in themselves unlawful Oaths and were taken by and imposed upon the Subjects of this Kingdom against the fundamental Laws and Liberties of the same and that there lieth no obligation upon me or any of the Subjects from the said Oaths or either of them to endeavour any change or alteration of the Government either in Church or State as it is now established by the Laws of the Church and Kingdom But instead of allowing this Declaration they declare their assent to all the Rebellions and Bloud that had been shed in defence of their Field-meetings and Covenant against the Kings Armies as of Wariston Guthrie c. shortly after the Kings Restoration the Rebellion at Pentland-hills and Bothwel-bridge the Murthers of Melvil Mitchel and the Ruffians that assassinated the Archbishop and that Field-Fast at Jedburgh in Tiveot-dale where were seven Field-preachers and five thousand people the men being in Arms to seek God for three things viz. To put an end to their Persecution To give them Grace to repent who took the Bond for Peace and That he would bless those Lords that were gone to London This
endeavoured to prove 1. That the present was no Vsurpation 2. That former Oaths obliged not against Obedience to present Powers 3. That Obedience is due to Powers in possession though unlawfully entred And for his Authority he is not ashamed to quote these words of the Jesuit Moline de Justitiâ Tract 3. Disput 6. to this purpose Two ways one may be a Tyrant 1. Because though he be the true Soveraign of the Commonwealth he doth unjustly govern it in this case it is a sin for private men to kill him but for his own defence it is lawful and the Commonwealth assembled by their Chieftains may depose him and being deposed kill him unless greater mischief would accrue to the Commonwealth by his murther for then he should offend against the love of the Common-wealth in killing of him Shortly after he quotes Sayr's Case Consc l. 7. c. 10. n. 4. Id curare debet Occisor ita caute consulto facere ut non pejores exitus scandala ex tali Occisione sperentur which I forbear to English You see how firmly the Jesuit and Presbyter are yoked to plow up the Field of the English Church and Government They must needs be their Disciples whose Principles and Practices they so zealously follow I go on to shew in the second place their agreement in practice for by their fruits also you may know them THE INTRIGUES OF THE Papists and Fanaticks Against the Government and Religion Established Historically related WHen the Church of England was established under Queen Elizabeth there was no considerable Separation from it by Papists or Fanaticks until some of the new Society of Jesus invented a method to divide and destroy the Church of Christ among us Which they endeavoured first by opposing those who were Parish-Priests in the days of Queen Mary but allowed of our Church-Communion and having prevaile against them they rested not there but endeavoured by new Artifices to draw off some zealous Protestants into separate Congregations under a pretence of greater purity of Ordinances and Worship than were practised in our Church And to this end they imploy some subtil and Eloquent men in the disguise of zealous Protestant-Ministers to exercise their gifts of Extemporary prayer which they reported to be by an extraordinary assistance and gift of the Spirit Their preaching also was designed to bring the Order of Bishops into contempt to which they were known enemies to lay aside the Liturgie as a stinting of their gifts of the Spirit and run down those few Ceremonies that were retained that we might not have the face of a Church or any decency among us They opposed also the Supremacy of the Queen over things and persons in Religious Administrations which they contended to belong to Ministers of their rank and order And although some of the Popish Priests at that time and afterward such as Widdrington Preston Watson and the Authors of the Jesuites Catechisme opposed them in these things as tending to provoke her Majesty to greater severity against them and wrote very learnedly against those Jesuits discovering their designs to be not only against the Protestants but the more moderate Papists yet were there some troublesome Ministers Goodman Gilby Whittingham c. and others that had been at Geneva and other Presbyterian Towns and submitted to that Discipline which took all those hints from the Jesuits and made such improvements that the Disciples in a short time exceeded their Masters Doctor Cox Horne and others who adhered to the Church of England and had known their turbulent behaviour at Geneva Frankfort and other places opposed their admission to the publick Ministry and so they and the Jesuits creep first into houses and lead captive silly women and beguile the hearts of simple men and afterward gather distinct and separate Congregations under pretence of purer Worship and a more holy Discipline Of which practice we have these undeniable instances In the Ninth year of Queen Elizabeth one Faithful Commin of the Order of St. Dominick got the reputation of a zealous Protestant Minister by railing against Pius Quintus the Pope and defaming the Liturgie as being the Mass in English in opposition to which the first set up the use of Extempore prayers as a gift of the Spirit which ought not to be stinted by Forms and Liturgies but one Mr. Clerkson Chaplain to the Archbishop discovered him to be a Popish Priest which was evidently proved before the Queen and Archbishop So that he being dismissed upon Bail to appear at a certain day and it hapning that on that day the Spanish Ambassador having publick Audience of the Queen he could not be admitted though he attended with his Bail he boasted to his followers that the Queen and Council had dismissed him But finding how uneasie it would be for him in England he told his Proselytes he was resolved to go beyond the Seas to preach the Gospel there and having acquainted his Disciples how poor he was and commended to them the Cause of God he got 130 l. which was collected among the Brotherhood besides what his compassionate Sisters bestowed on him and there was no farther news of this godly man until one John Baker Master of a Ship gave this account of him to the Queen That he had seen this Faithful Commin in the Low-Countries and that one Martin van Duval a Merchant of Amsterdam told him that Commin had been lately at Rome and there imprisoned by the Pope but upon his Letter to the Pope he was sent for the next day and being accused for reviling the Pope and railing against his Church among the Hereticks of England he confessed that his lips had uttered what his heart never thought and pleaded what considerable service he had done the Pope by preaching against set Forms of prayer and calling the English prayer English Mass perswading the people to pray Spiritually and Extempore by which means the Church of England was become as odious to them to whom he preached as the Mass was to the Church of England which would prove a stumbling-block to that Church while it was a Church Upon which the Pope commended him and dismissed him with a gratuity of 2000 Ducats for his good service The next Instance is of one Thomas Heath a Jesuite in the Eleventh year of Queen Elizabeth whose Brother Nic. Heath had been Bishop of Rochester in H. 8. days He comes to the Dean of Rochester desiring him to present him to the Bishop for some Preferment In order to which he pretending himself to be a poor Minister the Dean orders him to preach in the Cathedral which he did on that Text Acts 12.6 Peter therefore was kept in prison but prayers were made without ceasing in the Church to God for him on which he told the people that it was not those of the Church of England but Spiritual prayers that brought Peter out of prison and where said he have we Scripture for any set form in
nor is it sufficient for Subjects not to obey the wicked commands of Princes but they must resist them and deliver the children of God out of the hands of their enemies as we would deliver a Sheep in danger to be devoured by a Wolf and if the Magistrate shall refuse to put Mass-mongers and false Preachers to death the people in seeing it performed shew that zeal of God which was commended in Phinees Gilby says That Kings Princes and Governours have their Authority from the People and on occasion the People may take it away again as men may revoke their Proxies It is lawful saith he to kill wicked Kings and Tyrants The Subjects did kill the Queens Highness Athaliah John killed the Queens Majesty Jezabel Elias being no Magistrate killed the Queens Majesties Chaplains Baal 's Priests Knox in his Debate with Lithinton Hist of Reformat p. 390. justifies the killing of Tyrannical Princes and men in publick places by private persons from the Example of Phinees who he says was a private person whose fact was approved and rewarded and affirms that it ought to be imitated by those who prefer the true Worship and Glory of God to the affection of fleshly and wicked Princes and says that this Example approved by God stands instead of a Command for as God is immutable so he cannot condemn that which he hath approved in his Servants before us The Book called Naphtali justifieth the Rebellion at Pentland-Hills Anno 1666 from the same Example ascribing it to the Holy Spirit of God asserting that the Rebels were no more Traytors than Phinees was a Murderer being led by the same Spirit and had as good warrant p. 21 c. The same Doctrine as defended by a Book called Jus populi vindicatum ch 20. p. 409 c. On this Principle Mr. Mitchel attempted to murther the Archbishop Anno 1668. and did mortally wound the Bishop of Orkney for which he was executed See Ravilliack Redivivus but died impenitently believing he was led to this heroical act by the Spirit of God These and such Books are used by the Field-Conventiclers more than the Practice of Piety One of them being taken and searched had Naphtali in one Pocket and a Pistol charged with two Bullets in the other i. e. as a Gentleman said The Doctrine for one hand and the Application for the other Many other Pamphlets such as was the Apologie and Apologetical Narration The poor mans Cup The History of the Indulgence were printed in Scotland and many to the like purpose in England under the Titles of Pleas for Peace the Celeusma c. defaming the Bishops as Apostate perjured Prelates Traytors to Christ Enemies to his People Thorns and Thistles bloudy Persecutors Popish Clergie-men c. to prepare the people to another Rebellion and Assassinations It would be too large to repeat the Tumults Wars and malicious Murthers committed in Scotland by the Conventiclers upon such as according to the Laws sought to suppress them and how they justified them all in several Pamphlets which are in the hand of almost all that can read them How obstinately they died justifying themselves in those horrid Actions chusing rather to die than confess the sinfulness of them and to beg pardon or to pray for the King and promise obedience Mitchel at his death said That he laid down his life willingly in opposition to the perfidious Prelates and in testimony of the Cause of Christ and in his Speech saith Blessed are all they that take the proud Prelates and dash their brains against the stones And yet we have had some at home who have not onely pitied these men but promoted their Practices there and frequently attempted the same in England Since his Majesties return who can but wonder at the Enthusiastick madness of Venner and the Fifth-monarchy-men who with less than half an hundred of men attempted the whole City of London And the Plot in December 1662 to cut off Root and Branch King Queen Duke Bishops and Gentry that none of them might run beyond Sea for which Tong Philips Stubbs Hinde Sallers and Gibbs were executed at Tyburn which Plot was to be carried on upon the fear and jealousie of a Popish Massacre And seditious Letters were dispersed to that purpose a copy of which was read in the Court and the Fifth-monarchy-men Quakers Anabaptists and all sorts of Fanaticks were invited to joyn in the Plot. The next year March 21. 1663. another Plot was discovered in the North of which the King says in his Speech That it was of a large extent and very near execution had he not by Gods goodness come to the knowledge of the principal Contrivers and secured them from executing their intended mischief In the year 1666. there was another Plot to murther his Majesty and overthrow the Government to kill the General surprize the Tower fire the City and a Junto setled in London and Money provided to carry on this designe for which Rathbone Sanders Tucker Flint Evans Miles Westcot and Coles were executed And whether such bloudy practices as these have not been encouraged by those Principles which the Jesuits and Fanaticks especially Mr. White and Mr. Baxter have published in print is so evident that it can admit of no dispute or contradiction especially if it be considered of what a cruel disposition that man who hath published so many Pleas for Peace but such a Peace as the Historian speaks of Desolationem volunt Pacem vocant cannot be had but by the ruine of Church and State was who kept the Field against the King from the beginning of the Wars till he became a Prisoner as hath been collected out of his own boasting Confessions in a little Tract called The second part of the History of Separation to which I shall adde the following Relation Mr. Vernon in his Life of Dr. Heylin Preface ad finem Mr. Baxter says he may be pleased to call to mind what was done to old Major Jennings in the last War in the Fight that was between Linsel and Longford in Salop where the Kings Party being worsted the Major was stript almost naked and left for dead in the Field but Mr. Baxter and one Lieutenant Hurdman walking among the wounded and dead bodies perceived some life left in the Major and Hurdman run him through the body in cold bloud Mr. Baxter all the while looking on and taking off with his own hand the Kings Picture from about his neck telling him as he was swimming in his Gore that he was a Popish Rogue and that was his Crucifix which Picture was kept by Mr. Baxter for many years till it was got from him but not without much difficulty by one Mr. Summerfield who then lived with Sir Tho. Rous and generously restored it to the poor man now alive at Wiche near Parshore in Worcestershire although at the Fight supposed to be dead being after the wounds given him dragged up and down the Field by the
and that no Taxtâ— imposed by them ought to be paid nor any of their Orders obligatory One Pamphlet â—â— intituled The Long Parliament dissolved Another called A seasonable Question and useful Answer The Question is put in a Letter from a person pretending to be chosen â—â— fit in that Parliament to a Bencher desiring to be resolved before he took his Journey Whether the Parliament were not dissolved 〈◊〉 the Prorogation of fifteen Months which thâ— Bencher resolved in the Affirmative But thâ— artifice was quite ruined by the Submission of the Lords in the Tower before they could obtain their liberty But both this and thâ— other Faction were so restless that they pursued their designs till they brought them to the desired end the dissolution of that Loyal Parliament During this interval of Parliaments the two Factions are very industrious to provide â—or the choice of such men as were known enemies to the Church and Government established and several such were chosen who had been actually engaged against the King in the â—ate Wars or were the Children and next relations of such And in the next Parliament the â—ld leaven began to ferment the methods of Sedition in 41 are renewed fears and jealousies of Popery and Arbitrary Government aâ—muse the whole Nation Supplies for necessarily occasions are denyed Comprehension and Toleration pleaded for and in one of the subsequent Parliaments the Act of 35 of Queen Eliz. is voted a grievance and thought fit to be abrogated whereat all that knew the opinion of the Dissenters viz. that that Act was principally if not solely intended against the Papists did greatly wonder for most certainly that Act laid a restraint on the Papists under very severe penalties from which though the Dissenters pleaded that they were exempted yet it was the judgment is well of the Judges that then were as of all those that have been in the succeeding times ever since that they were as abnoxious to it aâ— the Papists And indeed the occasion which procured that Act and the preamble thereâ—â— do plainly evince that it equally respected thâ— Recusants and Non-conformists of both partiesâ— for the end of it was to retein her Majesties Subjects in due obedience And doubtless the Popish party would have purchased the abrogation of that Act with a great sum of money but the other Dissenters were ready to gratifie them in the disannulling of it to which the House of Commons had agreed by a plurality of voices but it proved abortive for want of that Authority which gives lifâ— to all Laws And so the Factions remain â—â— statu quo to this day How violent and unjustifiable the Action and Speeches of divers persons in the following Parliaments were and of what evil consequences the ensuing particulars will demonstrate It is credibly reported that the late Scottish Stirs as some are pleased to call them were fomented not only by several Jesuitical persons that acted secretly among them and preached in some of their Conventicles but by some correspondence and intelligence from England particularly by an Harangue of â—â— great Lord who as himself says spake by the Dictates of the Spirit within him to this purpose We have a little Sister and she hath no breasts what shall we do for our Sister in the â—ay when she shall be spoken for Popery and Slavery like two Sisters go hand in hand sometime One goes first sometime the other in â—t doors but the other is alway following close â—t hand In England Popery was to have brought in Slavery in Scotland Slavery went before and Popery was to follow They have â—n Illustrious Nobility a gallant Gentry a Learned Clergie and an understanding worthy people They are under the same Prince and the influence of the same Favourites and Counsels When they are hardly dealt with can we that are the richer expect better usage for it is certain that in all absolute Governments the â—oorest Countries are always most favourably dealt with When the Ancient Nobility and Gentry there cannot enjoy their Royalties Shriâ—aldoms and Stewardies which the and their Ancestors have possessed for several hundreds of years but that nou they are enjoyned by the Lords of the Council to make Deputations of their Authorities to such as are their known enemies â—an we expect to enjoy our Magna Charta long under the same persons and administration of Affairs If the Council-Table there can imprison any Nobleman or Gentleman for several years without bringing him to Tryal or giving the least reason for what they 〈◊〉 can we expect the same men will preserve the Liberty of thâ— Subject here Scotland hath outdone all 〈◊〉 Eastern and Southern Countries an having theâ—â— Lives Liberties and Estates subjected to tâ—â— Arbitrary will and pleasure of those that govern They have lately plundred and harasseâ— the richest and wealthiest Countries of thâ—â— Kingdom and brought down the barbaroâ—â— Highlanders to devour them and all this without almost a colourable pretence to do it No can there be found a reason of State for whâ— they have done but that these wicked Ministerâ— designed to procure a Rebellion at any rate which as they managed was onely prevented by the miraculous hand of God or otherwise all 〈◊〉 Papists in England would have been armed and the fairest opportunity given in the juâ—â— time for the execution of that wicked and bloud designe the Papists had And it is not possible for any man that duly considers it to think â—â—ther but that those Ministers that acted it weâ—â— as guilty of the Plot as any of the Lords that aâ—â— in question for it My Lords I am forced â—â— speak this the plainer because till the pressuâ—â— be fully and clearly taken off from Scotland â—â— is not possible for me or any thinking man to believe that good is meant us here we must stiâ—â— be upon our guard apprehending that the principal is not changed at Court and that these men that are still in Place and Authority have that influence on the mind of our excellent Prince that he is not nor cannot be that to us that his own nature and goodness would incline him to c. By the very next Post after this Speech was said to have been spoken forty written Copies of it were sent from London to Edinburgh and the Fanaticks grew so insolent and daring on it that several loyal Gentlemen wrote up accounts to what height of insolencies this Speech had blown up the enemies of the Church and Monarchy and that they had just reasons to fear that very dangerous attempts if not a down-right Rebellion would speedily ensue thereupon For now they began to look and speak big in Edinburgh and many were heard and seen on the Crown of the Causway who had skulked about in darkness before And as for the disaffected parts of the Country they now displayed the Banners of Jesus Christ as they blasphemously called their Colours at their Conventicles every-where and their Preachers now told them That
horrid and treasonable Plot and Conspiracy contrived and carried on by those of the Popish Religion for murthering of his Majesties sacred Person and for subverting the Protestant Religion and the ancient and well-established Government of this Kingdom Of which Coleman by several Evidences and his own Letters was found guilty in conspiring the death of the King and endeavouring to subvert the Protestant Religion and to bring in Popery by the aid of foreign Powers for which he was executed December 3. 1678. Ireland Pickering and Grove were executed for the like Treasons Jan. 24. Green Berry and Hill were condemned Feb. 10. for the Murther of Sir Edmond-bury Godfrey Whitebread Harcourt Fenwick Gauan and Turner were condemned on the 14th of June 1679. And Richard Langhorne was condemned the same day And the Lord Stafford was also executed for the same Plot and Conspiracy It is true that all these Coleman onely excepted whose Letters then produced were so plain that they admitted of no evasion denied their guiltiness to the last breath but it was a practice allowed to men under their circumstances and had been practised by other of their Perswasion in the like case for Garnet Whitebread's Predecessor a Principal of the Jesuits being accused for the Gunpowder-treason as holding correspondence with one Hall then in the Tower utterly denied it with horrid Imprecations which when Hall confessed he beg'd pardon and confessed he had offended if Equivocation did not help him Tresham another of the Conspirators had confessed that Garnet was privy to the Treason but afterward by the importunity of his Wife he protested a little before his death that his former Confession was false and that he had not seen Garnet in sixteen years before Which Protestation of his was afterward proved to be false and Garnet himself confessed that he had seen him many times within that space And in a Book called The Jesuits Catechism penned as is said by some Secular Priests Anno 1602 they say That a Jesuit being condemned to die after he hath made his Confession to a Priest he is not tyed to reveal his guilt to the Judge but it is lawful for him to stand in a stiff denial of it at the time of Execution as being clear before God although he persist in a Lye after he hath discharged his Conscience to his Confessor p. 166 167. The Author of Remarks on the Debates of the House at Oxford tells us That those Debates were as great a Witness for the King as any he had For R. M. says he said That the King 's telling them in his Speech that he would stick to his Resolutions as to the Succession and his proposing an Expedient is arbitrary and French and that it was the Kings designe to cow the Parliament to bring them to Oxford And that neither Bishops nor Counsellors nor Ministers of State nor those of the Gospel have endeavoured to preserve Religion or Safety T. B. says plainly They must let bloud Sir N. C. says As I understand it is proposed the Government shall be in Regency during the Duke's life I would be satisfied if the D. will not submit to that whether those that fight against him are not Traytors in Law H. B. says The same interest that passeth the Bill here will do it in Scotland Another insists That all about the King should be removed and that though Ministers have been altered yet the Government hath been in such hands as that the same Principles remain Sir W. C. says That the weight of England is the people and the more they know the heavier they will be and that in all Ages they have sunk ill Ministers of State And doubtless good ones too R. H. looks on the slipping the Bill for Repealing the Act of 35 of Eliz. to be a breach of the Constitution of the Government which if it had been moved in Queen Elizabeth 's days that motion would certainly have been so thought B. W. says of the King's Speech That it was none of his that it had nothing of his in it that it is flat and short That his Majesty was a better man and a better Protestant than to make it himself and that they who advised it must answer for it And yet to shew on whom he meant to throw this Dirt he says afterward The King hath gone on in a resolution as far as this in his Speech in his Declaration formerly Sir W. J. observes That no man knowing in Laws or History but can tell us that to Bills grateful and popular the King gives his consent L. G. is dissatisfied with these hands in which the Government is and fears the Kings being Absolute And therefore Sir F. W. says The same Authority that can make a descent of the Crown can modifie it All their Votes and Speeches must be Printed to shew they are not ashamed of what they do Col. M. hopes that his Posterity will do as he among the rest hath that Meeting and the former done This Bill of Exclusion to alter the Succession and modifie the Crown and the Repeal of the Act 35 Eliz. is the means used to secure the King's Person and the Protestant Religion Though the King and the established Church are of a quite contrary judgment And the Act 13 Car. 2. 1660 which says That by the undoubted fundamental Laws of this Kingdom neither the Peers of this Kingdom nor the Commons nor both together in Parliament nor any other person whatsoever ever had hath or ought to have any Coercive power over the persons of the Kings of this Realm And by the person of the King is meant all such persons to whom the Crown legally descends The mischiefs of altering the Succession hath cost too dear already to attempt another Experiment The Dispute between the Houses of York and Lancaster cost the Nation the lives of Eight Kings and Princes Forty Dukes Marquesses and Earls Two hundred thousand of the People besides Barons and Gentlemen and so much Money and Spoil as cannot be valued So that it is sufficiently evident that these irregular and violent Proceedings were a Prologue to some intended Tragedy There were hot Irons on the Forge we heard the blows throughout the Nation and sparks of fire flew about our ears But God be thanked none of those Weapons which were forged against the King or the Church have prospered Hitherto the Lord hath helped us The Fanatick Party carried on their designes more openly than the Papists insomuch that they thought to bear down all before them by the numbers and strength of their Party The Pulpits and Presses do not onely sound Alarms but cry Victoria Their Peaceable designe had divided the Bishopricks between Presbyterian Independent and Anabaptist They promise the true Protestant Peacemakers more favour than they had from their Conforming Brethren because they joyned in a Complaint of Persecution Mr. Baxter in his Book of Obedience and Patience p. 265. tells us That Persecutors are not immortal but
had not been as careful and diligent and as ready and forward to discover them a great while since I gave his Majesty says he an account to the best of my knowledge and he seemed to be well pleased and thankt me for it but before I had power to put it in writing the Council thought it fit that I should be committed to Prison That there was a designe to set up the Duke of Monmouth I will not say while the King reigns though some extravagant hot-headed men have taken upon them to discourse these things but not any worthy man I know those that have been worthy to be called by that name have declared in my hearing that in opposition to the Duke of York if the King be seized they would stand by the Duke of Monmouth There are others that were for a Commonwealth and some few for the Duke of Bucks He confesseth that Goodenough told him the King was to be taken off as he came from Windsor that they wanted a place of meeting in order to it and the place pitched on was Black-heath where Rous advised that a Ball of Silver worth thirty or forty pound might be thrown up and the people invited to come and drink a Bowl of Punch which would have gathered thirty or forty thousand in two or three days time That this Goodenough spake in base Language concerning the Duke of York calling him Rogue and Dog and that we will do his work and that after the Kings decease the Duke of Monmouth having a Vogue with the People must of necessity succeed And he confessed that it was just in God and righteous and just in the King that he died On the 6th of February 1683. in Hillary-Term John Hambden Esq was tryed at the Kings-Bench-Bar upon an Indictment of High Misdemeanour for assembling meeting consulting c. with divers ill-disposed Subjects of the King to disquiet molest and disturb and as much as in him lay to incite stir up and procure Sedition within this Kingdom of England and further to cause an Insurrection and to provide Arms and armed men for that purpose And also for that he did consult agree and consent that a person should be sent into Scotland to invite and incite divers ill-disposed people to come into England to consult and advise with him and others here concerning aâ—â— and assistance from thence to bring about their designes He pleaded Not guilty but upon a full and fair hearing he was found Guilty and Fined forty thousand pounds Which Sentence was given the 12th of February being the last day of the said Term. The Witnesses were James Duke of Monmouth but he did not appear William Lord Howard whose evidence is supported by Sir Andrew Foster Mr. Atterbury one Sheriff thaâ— lodg'd Aaron Smith at Newcastle and Beâ— that directed him the way into Scotland The Lord Chief Justice tells the Jury Thâ—â— if there were another Witness as positive against the Defendant as my Lord Howard the matter would amount to no less than High-Treason The next day being the 7th of February 1683. Lawrence Braddon and High Speke Gent. were tryed upon an Information of High Misdemeanour Subornation and spreading False Reports at the Court oâ— Kings-Bench for that whereas the Earl of Essex on the 10th of July in the thirty fifth year of the King was committed to the Tower for High-Treasons supposed to be committed on the 13th did there kill and murther himself as appear by an Inquest taken in the Tower the 14th day of July in the year aforesaid They not being ignorant thereof but contriving and maliciously and seditiously intending to bring the Kings Government into hatred disgrace and contempt did conspire and endeavour to make the Kings Subjects to believe that the said Inquisition was unduly taken and that the said Earl was murdered by some person in whose custody he was And to bring this to effect they procured false Witnesses to prove it And to perswade others to the belief of it they caused to be declared in writing that the said Braddon would prosecute the matter This is the sum of the Indictment To which they pleaded Not guilty How the Intrigue was managed in brief The 13th of February in the morning the King and Duke going to visit the Tower in the interim of their being there that dreadful accident of the Earl of Essex cutting his own throat happen'd The rumour of the one and the other caused a great concourse of people Among the rest there was one Edwards his son a School-boy of about thirteen years old that having played Truant in the Tower that morning upon this occasion thought it best to tell some strange story when he came home to Dinner to palliate his Truantry and accordingly goes home and tells his Mother and Sisters that he saw a hand throw a Razor out of the window of the Earl of Essex his Chamber They were surprised at this and charged the Boy to tell truth and not to tell lyes to excuse his play as he used to do He persisted in it Mr. Braddon being told of this Boy goes to his fathers house pretending he came from Sir Henry Capel and the Countess to examine the Boy which when he had done he writes a Paper and reads it to the Boy for him to signe The Boy refuses to signe it because he said the whole matter was a lye So Braddon went away but coming another time he got the Boy to signe it telling him it was no harm He also found out a Girl of about the same age that said she saw a hand throw out a bloudy Razor but from whose window she knows not and she said many others saw it but she could name none Braddon goes with this to Sir Henry Capel desiring his assistance in the prosecution of the Earl's murder but Sir Henry directs him to a Secretary of State it being of publick concern He goes to a Secretary has his little Witnesses examined before the King in Council and the business found false and frivolous Mr. Braddon would not rest here being in Conscience bound to prosecute the Murder as he alleadg'd but resolves for the Country and goes to one Mr. Speke desiring his Letter commendatory to Sir Robert Atkins in Gloucester-shire which was granted by that Gentleman who also sent his man along with him to defend him from Assaults To colour this it was pretended that Braddon had word sent him that my Lords death was discoursed the same day it was done at Marlborough and at the Posthouse in Frome nay at Andover two or three days before it happened Mr. Speke's Letter to Sir Robert Atkins concerning Braddon which he had about him when taken commends his great integrity and courage thanking the person 't was writ to for great kindness to him and his friends hoping to get my Lords Murder tryed before the Tryal of any in the Tower saying the Tyde run strong against them and he must not be called Braddon but