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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
Mews it was but shooting off a Pistol and presently to fall on 3 The last way to have it effected to be thus That when the Foot Regiments that are for the Guards about London were Mustering in Tuttle Fields as they use several times to do to come into Tuttle-Fields and meet them there as of their own party and when they have laid down their Arms to seize upon them and have others to be ready at the same time every where to perfect the work And for this purpose if they acted this way Col. Finch with a party of two hundred was to fall into London and do the work in the City Major John Gerhard to fall on White-Hall Col. Hinshaw to fall on the Mews Col. Daniel with two hundred to fall on Iameses Another to fall into Southwark And one Billingsly a Butcher at Smithfield barres with a Party to fall upon Islington and it was pressed that the opportunity might not be neglected And that the work might be the more feasable they considered how as many of the Souldiery as might be might be engaged in the businesse And the Papists who had a great hand in the design gave information of two Souldiers of the Army that used sometimes to come and hear Masse and these two they sent a Papist Woman to who engaged them and their direction was To give intelligence at Mr. Hudsons house whither Mr. Hinshaw and others of them frequented Master Vowel was cautious being a solid man for his work was not to bear Arms but as a Privie Counsellor to them and he was to engage Mr. Billingsly the Butcher with a Party to seize the Lord Protectors Horse at Islington and him Mr. Vowel recommended to be a very fit man for that work And they had this Art to endeavour to make the Lord Protector odious to the people in turning the design upon him by a Libel which was scattered up and down London that his Highness and the Army had a design to Mass●cre all but their Friends in all parts of England and this Libel was written by Mr. Fenshaw which was got printed by one in Newgate-Market and Mr. Vowel had one of them When the design was discovered and Mr. Gerhard and some others apprehended Mr. Vowel being at Mr. Hudsons house it was said by him That the design might still go on though some were discovered Mr. Hinshaw and Mr. Wiseman came to him to Islington to his House from whence they went to drink their mornings draught Mr. Vowel said There were enough to do the work still Mr. Wiseman said There were many Horse to fall on Mr. Vowel said It might be easily done One Wharton in Black Friers was to proclaim Charls Stuart King and Col. Finch w●s to seize on the Lord Mayor and make him to proclaime him Somerset Fox and others were to raise Prentises to joyn in the design but the Lord Protector going by Water dis-appointed them Mr. Vowel then said to the Court That they were not his Peers because they were his Judges and therefore desired a Jury of twelve of his equals Mr. Predeaux answered that so a Jury are the Judges though they be the prisoners Peers The Witnesses against the Prisoners at the Bar were called for John Wiseman was sworn and being required to give evidence what hee had to say touching the Prisoners at the Bar avouched the Charge against them and said That he was with Mr. Hinshaw in France who did communicate by Prince Rupert to Charls Stuart the design as is before exprest That he saw Mr. John Gerhard often-times with Mr. Hinshaw while he was in France and that he told him in England That there was a Plot to fall on the Lord Protector and to bring in Charls Stuart to be King and to the rest of that design as is before exprest And about three weeks after he met Mr Hinshaw and Mr. John Gerhard and they went to Jamses and the Mews White-Hall and other places That Mr. John Gerhard told one Mr. Minors of the businesse and how they were to fall on my Lord Protector and so as before is exprest Then Mr. Gerhard interrupted him saying How should this be done with a company of Geese To whom Mr. Predeaux answered That he knew best how it should be done and wisht he had ne're known it nor gone about it Mr. Wiseman went on in his Evidence and said That Mr. John Gerhard being at Mr. Hudsons house did there speak about the Plot to fall on the Lord Protector c. That he had dispute with Mr. Hinshaw whom the said Wiseman calleth Brother by some relation That such a time and so and so would be seasonable mentioning some particulars That another day he heard Mr. John Gerhard say That he was to command the Party and had a Pistol that would discharge three several times Mr. Hinshaw and several other persons being then by and that he doubted not but it would be seasonable That there were to be about 30 persons to fall on the Lord Protector that his brother Hinshaw said he was to bring five and Mr. Gerhard 25 to do the work and named the five aforesaid that his Brother Hinshaw was to bring and that his Brother Hinshaw told him that Mr. John Gerhard was to surprize the Lord Protectors person And when the Plot was discovered he heard his brother Hinshaw say that they that were taken were all of Gerhards party and none of his and that there was a Libel printed to turn the plot on the Lord Protector as is before exprest and that his Brother Hinshaw and Mr. Vowel had some of the Papers That on Wednesday after it was discovered he was at Mr. Vowels house at Islington and his brother Hinshaw was there and they went to the Kings head to drink and there his Brother Hinshaw said that the business might go on for all it was discovered many Regiments in several parts being ready rise enough to carry on the work Mr. John Gerhard and Mr. Peter Vowel the Prisoners at the Bar still denyed all and said it was not true that he said Then Mr. Edward Hudson a Minister that is blind was sworn who said that Mr. Hinshaw desired him to write two or three words to the Scots King and that Mr. Hinshaw related all the business to him of the design and the three Objections by Charls Stuart and P. Ruperts answer afterwards and the three waies to effect it very much agreeing with the particulars afore-mentioned which need not be here repeated again because it was the same as before When he came to particulars touching the Prisoners at the Bar he said that Mr. Vowel was his intimate friend one that he had been much beholden to and might have perished had not he relieved him That Mr. Hinshaw sought to engage Mr. Vowel but hee answered that hee thought himself to be unfit That he said he did not relish What Mr. Hinshaw and he did agree he knowes not What hee heard was from Mr.
but what a sad condition would England then have been in Then Mr. John Gerhard was caused to with-draw a while Mr. Charls Gerhard was next called for to see what he could say touching the Plot who declared That Mr. Hinshaw had been in France with Charls Stuart and his Brother Iohn also and Mr. Wiseman had been there and made a Narrative of all the proceedings there agreeing with the rest before and spake also of several meetings at Ludgate-hil and Covent Garden how he met Col. Finch at the P●a●zo who told him of the design to kill the Lord Protector seize on the Guards the Lord Mayor c. proclaime Charls Stuart King and the rest of that story of their design in which he agreed with the former And that he declared to him That they were Listing apace and they had many joyned hereabouts That Col. Deane had listed all that day that he himself had listed some That Col. Finch had a Party to joyn with him in the City That another time he had further discourse again with him about it that they were to meet the next day and then it was also said That Finch was to command a Party and that his Brother Iohn Gerhard also was to command a Party and that his Brother John was then by and heard this discourse and that it was said there was ready about London to seize on several parts in all about two or three thousand That Col. Finch was to seize on the Lord Mayor Col. Dean on James●s Col. Haines on Col Ingolsbie in Southwark and so named other particulars like what is mentioned before Told him also the management of the design in France agreeing with what is mentioned before and said He had a Commission from the King as he called him And he spake also of their meeting at Beliavage at Ludgate-hil where mention was made of his Brother John Gerhard and that Somerset Fox was there and engaged in the design and his was to get in all the Apprentises he could to joyn in it That at another time Hinshaw said they had listed two or three thousand Then Mr. John Gerhard was called to the Bar again where he appeared with the other two Mr. Charls Gerhard was then sworne and upon his oath gave in evidence after his Brother was brought to the Bar That the design was to fal on the Lord Protector c. he gave a short Narrative as before and further said that his Brother John Gerhard had been in France John Gerhard Prisoner at the Bar said he confest it that he was in France when they were there and was sometimes in their company but denied that he knew any thing of any plot Mr. Charles Gerhard being desired to go on further said That Mr. Hinshaw was severall times at his lodgings and his Brother with him and talked with him of the design which his Brother scrupled but he told him that if it could be accomplished the King as he called him would like well of it That his Brother met Mr. Hinshaw at Covent Garden who had pen and Inke before him and talked of the numbers and other particulars his Brother John then in the Room and he named the particulars as before But his Brother did not relish it and was pressed by them nor did he know that he consented to act Mr. Prideaux told Mr. Charls Gerhard that he did well to bee as sparing as he could against a Brother only be carefull to speak the truth though with the fairest interpretation because Conscience is neerer than a Brother The Lord President also said that he was not to look upon either the greatnesse of men or the relation of a Brother in this thing but to look upon his Conscience and to look up to his God John Man was sworn who declared the Design in generall as the rest all agreeing and that Mr. John Gerhard and others had consulted about it That being asked if he would engage in it he answered yes That afterwards he went to Belsavidge but when he came there there were Somerset Fox and others and they said he could not have admission for several were apprehended about it and they knew not what to do William Dod was sworn who gave in evidence that on Thursday morning in Whitson week Somerset Fox told him that there was a design as aforesaid giving him an account of the whole still all agreeing But he told him that it was to be kept secret And that they were to meet about two a clock in the morning about it That at Bellsavidge he met with Somerset Fox and his cousin Fox the next day again and had the like discourse Francis Fox being sworn gave in the like evidence against his Cousin Somerset Fox and that hee was invited to joyn with them but could not tell what to do John Wharton was sworn who said he keeps a Victualling house in Black Fryers and that a Gentleman a stranger came to him and asked him if hee would serve the King and fell in discourse about his calling that he told him he had marryed a poor widdow And that the Gentleman told him that if the Design went on he might have money enough and said that hee would find him better imployment The Gentlemans name hee said was Hinshaw as hee heard afterward And that hee told him hee would not bee long before he came again Hee said that hee did beleeve they had designed to seize on the Lord Protector and all the Horse guards But for his part hee was when they should give him notice of it only to proclaime the King that was all that hee was to do Mr. Barnes was sworn who spake of the Designe in generall much after the same manner as those before Mr. Minors was the last Witnesse sworn who gave evidence that Major Hinshaw told him of the Designe neer Covent Garden and one Mr. Harison Tuedor and others were mentioned That he asked him if hee would joyn in it That afterward hee met with Hinshaw in the Pallace yard at Westminster who told him of the Designe as before And that Major John Gerhard was to command a party and that the businesse was then in good forwardnesse but Major John Gerhard thought it could not yet be accomplished And that when Mr. Hinshaw heard that Mr. John Gerhard was taken hee said that hee might thank himself for had not he delayed it the businesse might have been done two days before The Prisoners at the Bar were then asked what they had to say for themselves Mr. John Gerhard said he was falsly accused and that the Witnesses did not speak truth and denied that he had any thing to do in the Plot or knew of it Mr. Vowel did require of the Court to bee allowed pen Inke and paper the Copy of his Charge and Councill to advise him what defence to make for himself And pleaded Magna Charta again as before and the sixt Article of the Government of the Lord Protector Sergeant Glyn declared that an Ordinance being declared Law untill the Parliament shall repeal it is to give the same authority to it which is to an Act of Parliament every Act being a Law no longer That the Laws of old of Treason against the King are of force were this new Ordinance not in being For it means the Supream Governour though it names only a King it hath been made use of for Treason against a Queen and so is to bee touching a Lord Protector or any other Supream Governour Mr. Ellis Councill of the Commonwealth produced in Court the Government of the Lord Protector in which that very Article in the conclusion of it hath a proviso to the 30th Article The Atturney Generall Prideaux declared that the Charge having been so fully proved against them yet they could not but take notice of the ingenuous confession of Sommerset Fox but were sorry to see such obstinacy in the other two after such a barbarous and bloody designe that they should shew no signes of Repentance And therefore in behalf of the Commonwealth prayed for Justice from the Court against them The Court adjourned into the Painted Chamber and Ordered that they should have pen Inke and paper and any friend to come to them that they should desire in the presence of the Lieutenant of the Tower The Court adjourned untill Tuesday next in the afternoon FINIS