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A94849 The triall of Mr. John Gerhard, Mr. Peter Vowell, and Sommerset Fox, by the high court of justice sitting in Westminster Hall on Friday 30 June, 1654. With their charge, and a declaration of the particulars of the whole plot to have murthered His Highnesse the Lord Protector, and those of the councill, seized on the guards, the Lord Mayor, and others, and proclaimed Charles Steuart King. With the names of each person chief in the designe, and what each of them did act, and were to do therein. And the testimonies of the severall vvitnesses upon oath, which were Mr. Wiseman, Mr. Hudson, Robert Dale, John Hipwell, Col. Aldridge, Charles Gerhard, John Man, Francis Fox, Mr. Wharton, Mr. Barnes, and Mr. Minors. And the severall pleadings and proceedings of their tryall / Taken in writing in the court by one present at their tryall. Gerard, John, 1632-1654.; Fox, Somerset.; Vowell, Peter, d. 1654. 1654 (1654) Wing T2200; Thomason E231_4; ESTC R13746 10,402 13

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The TRIALL OF Mr. John Gerhard Mr. Peter Vowell and Sommerset Fox by the HIGH COURT of JUSTICE sitting in Westminster Hall on Friday 30 June 1654. With their Charge AND A DECLARATION of the particulars of the whole PLOT to have murthered His Highnesse the Lord Protector and those of the Councill Seized on the Guards the Lord Mayor and others and proclaimed Charles Steuart King With the names of each person chief in the Designe and what each of them did act and were to do therein And the Testimonies of the severall VVitnesses upon Oath which were Mr. Wiseman Mr. Hudson Robert Dale John Hipwell Col. Aldridge Charles Gerhard John Man Francis Fox Mr. Wharton Mr. Barnes and Mr. Minors And the severall pleadings and proceedings of their Tryall Taken in Writing in the Court by one present at their Tryall London Printed by Robert Ibbitson in Smithfield MDCLIV Friday 30 June 1654. THE High Court of Justice met this day in the Painted Chamber Mr. Bond prayed with them about half an hour The Court then sat and presently adjourned to the Court of Chancery prepared for their sitting The Lord Commissioner Lisle was President Mr. Phelps Clerk Serjeant Glyn Mr. Prideaux and Mr. Ellis Council for the Commonwealth The Court was called each member by name and the Ordinance impowring them read The Prisoners to be tryed were Mr. John Gerheard Gentleman Mr. Peter Vowel Schoolmaster of Islington And Summerset Fox Summerset Fox was first called to the Bar and an Indictment of High Treason read against him for joyning in a traiterous Design to have murdered his Highness the Lord Protector and divers of his Council Proclaimed Charls Stuart King seized on the present Guards and Forces involved the Nation in a bloody war c. Summerset Fox did ingenuously confess the Charge against him upon the main to be true and that he is guilty Then Mr. John Gerhard and Mr. Peter Vowel were brought to the Bar and an Indictment to the same purpose as that against Summerset Fox read against them They pleaded not guilty and denyed every thing Vowel said that he required a Jury of Twelve of his equals it being a Law confirmed by Magna Charta and according to the sixt Article of the Government by the Lord Protector also that Law being not repealed and therefore that he might be tryed by his Peers The Lord President told him That the Members of the Court were his Peers not his Superiors but his Equals and that they were present near twice twelve as he saw And that they are to proceed by the power of an Ordinance before them It was also told him by Serjeant Glyn that he had owned the Jurisdiction of the Court in pleading not guilty Vowel said he was a man ignorant in the Law and desired advantage might not be taken of his weakness The Attorney General Prideaux said none desired to take any advantage of any thing wished they had not brought themselves into these troubles that they were there in the name of the Lord Protector and the Commonwealth of England to accuse the Prisoners at the Bar and to bring in their proof and the prisoners were to defend themselves as well as they could And when both sides were heard it was to be left to the Court to determine and to judge between them And it was declared that the plot was to this effect That the Plot was to seize on the Lord Protector and murder him and some of the Council and others and Proclaim and bring in Charls Stuart Son of the late King to be King which bloody design was to be effected thus That the first hatching of the Plot was in England by Mr. Hinshaw who was one of the cheife plotters and others Mr. Hinshaw went over from England to France to acquaint Charls Stuart whom they called their King with the Design and Mr. John Gerhard about that time went over to France also who had told Mr. Hinshaw that he would do nothing in it until he had first had approbation from Charls Stuart Mr. Wiseman was also then in France with them Address was made to Prince Rupert and the Design made known to him desiring him to communicate it to him they called the King who accordingly did and brought Mr. Hinshaw to him But Charls Stuart at the first delivered his Judgement in the thing that he was at present unsatisfied at that time to go on in that design for three reasons 1 Because it would be dishonourable to him in the esteem of other Princes in case such a thing should be known and should not be effected to come in in such a way 2 Because it did not seem to him to be feasable but unlikely to be effected 3 Because it was not at that time seasonable But Prince Rupert afterwards did much encourage and perswade That the design might be carried on and promised all assistance Mr. Hinshaw and Mr. Wiseman returned into England Mr. Gerhard staied there a while longer but some weeks after came back also Mr. Hinshaw declared to his confederates here in England what overtures had been with Charls Stuart and that Prince Rupert had engaged to send ten thousand Scots English and French and the Duke of York to come with them to land in Sussex and other places and that there would be Forces enough ready to assist and joyn with them Mr. Hudson the Minister was thought on to have Letters of Credence from Charls Stuart who sent a Letter to him and that which he desired in case the Plot had taken was to be made the Master of Suttons Hospitall which Mr. Hinshaw promised him One Master Phillips also and others were treated with about it and Master Gerhard returning from France the Plot was resolved to be carried on which was to be effected thus 1 They were to seize on the Lord Protector and Murder him and to do this work they should take the opportunity of his going to Hampton Court which he used to do every Saterday with a smal number slenderly armed and those that were to do this were Master Hinshaw and Mr. John Gerhard with thirty Horse Mr. Iohn Gerhard to bring twen●y five Horse and Mr. Hinshaw five which either of them were to engage Mr. Gerhard was something cautious not to discover who they were he engaged before an Oath of secresie was given but twenty five hee had undertaken for Mr. Hinshaws five were himself Mr. Tuedore the Apothecary Mr. Wiseman Col. Aldridge and another and then to seize on the Tower of London and to go on with their work 2 If that failed To seize on all the Guards about Westminster which they thought two thousand five hundred sufficient to do and carry on their work here about London and for that purpose Mr. Hinshaw Mr. Gerhard and others viewed the Mews and the rest and was heard to say What a pitty it was that so slender Guards should not be seized on and that when the Souldiers were at Nine-pins in the