I DO appoint Dorman Newman to Print the Tryal of Henry Baron Delamere and order that no other Person presume to Print the same March 20. 1685 6 Jeffreys Canc. THE TRYAL OF HENRY Baron Delamere FOR HIGH-TREASON In WESTMINSTER-HALL the 14 th Day of January 1685. Before the Right Honourable George Lord Jeffreys Baron of Wemm Lord High Chancellour of England Constituted Lord High Steward on that Occasion On which Day after a full Hearing the Lord Delamere was Acquitted from all Matters laid to his Charge LONDON Printed for Dorman Newman at the Kings Arms in the Poultry MDCLXXXVI THE TRYAL OF HENRY Baron of Delamere Die Jovis xiv to Januarii 1685. Cl. of Cr. SErgeant at Arms Make Proclamation Serj. at Arm. O yes O yes O yes My Lord High Steward of England his Grace doth straightly charge and command all manner of persons to keep silence and to give ear to the King's Majesty's Commission to his Grace my Lord High Steward of England upon pain of Imprisonment Then the Commission was read his Grace and all the Peers standing up bare-headed Then the Staff being carried between Garter King at Arms and the Gentleman Usher of the Black Rod was with three reverences delivered upon the knee to his Grace and by him re-delivered to the Gentleman Usher of the Black Rod to hold during the Service Cl. of Cr. Serjeant at Arms Make Proclamation Serg. at Arm. O yes His Grace my Lord High Steward of England doth straightly charge and command all manner of persons here present except Peers Privy Councellors and the reverend Judges now assistant to be uncovered Cl. of Cr. Make Proclamation Serg. at Arms. O Yes My Lord High Steward of England his Grace straightly chargeth and commandeth all Justices Commissioners and all and every other person and persons to whom any Writ or Precept has been directed for the certifying of any Indictment or Record before his Grace my Lord High Steward of England That they do certifie and bring in the same forthwith according to the Tenor of the same Writ and Precept to them or any of them directed upon Pain and Peril shall fall thereon Then Sir Edward Lutwich one of his Majesty's Sergeants at Law and Chief Justice of Chester delivered in his Writ and Return at the Clerks Table The Writ of Certiorari and the Return thereof were read in haec verba L. H. Steward Call the Lieutenant of the Tower to return his Precept and bring his Prisoner to the Bar. Cl. of Cr. Make proclamation Serg. at Arms. Lieutenant of the Tower of London return thy Writ and Precept to thee directed together with the Body of Henry Baron of Delamere thy Prisoner forthwith upon Pain and Peril shall fall thereon The Prisoner was brought to the Bar by the Lieutenant of the Tower The Writ and Return thereof together with his Grace's Precept and the Return thereof were read in haec verba Cl. of Cr. Make proclamation Serg. at Arms. Sir Roger Harsnet Knight Sergeant at Arms to our Sovereign Lord the King return the Precept to thee directed together with the Names of all the Lords and Noblemen of this Realm of England Peers of Henry Baron of Delamere by thee summoned forthwith upon Pain and Peril shall fall thereon The Sergeant at Arms delivered in his Precept and Return at the Clerks Table L. H. Steward Read the Precept and the Return They were read in haec verba Cl. of Cr. Make an O Yes Serg. at Arms. O Yes All Dukes Earls Viscounts and Barons of this Realm of England Peers of Henry Baron of Delamere who by Commandment of my Lord High Steward of England His Grace were summoned to appear here this Day and are now present in Court answer to your Names upon Pain and Perii will fall thereon The Peers summoned were called over and those that appeared standing up uncovered answered to their Names each making a Reverence to the Lord High Steward Cl. of Cr. Laurence Earl of Rochester Lord High Treasurer of England L. H. Treas Here. Cl. of Cr. Robert Earl of Sunderland Lord President of his Majesty's Privy Council Lord Presid Here. Cl. of Cr. Henry Duke of Norfolk Earl Marshal of England D. of Norf. Here. Cl. of Cr. James Duke of Ormond Lord Steward of his Majesty's Houshold He did not appear Cl. of Cr. Charles Duke of Somerset D. of Som. Here. Cl. of Cr. Christopher Duke of Albermarle He did not appear Cl. of Cr. Henry Duke of Grafton D. of Graft Here. Cl. of the Cr. Henry Duke of Beaufort Lord President of Wales D. of Beauf. Here. Cl. of Cr. John Earl of Mulgrave Lord Chamberlain of his Majesty's Houshold E. of Mulg Here. Cl. of Cr. Aubery Earl of Oxford E. of Oxf. Here. Cl. of Cr. Charles Earl of Shrewsbury E. of Shrews Here. Cl. of Cr. Theophilus Earl of Huntingdon E. of Hunt Here. Cl. of Cr. Thomas Earl of Pembroke E. of Pemb. Here. Cl. of Cr. John Earl of Bridgwater E. of Bridgw Here. Cl. of Cr. Henry Earl of Peterborow E. of Peterb Here. Cl. of Cr. Robert Earl of Scarsdale E. of Scarsd Here. Cl. of Cr. William Earl of Craven E. of Craven Here. Cl. of Cr. Richard Earl of Burlington He did not appear Cl. of Cr. Louis Earl of Feversham E. of Feversh Here. Cl. of Cr. George Earl of Berkeley E. of Berk. Here. Cl. of Cr. Daniel Earl of Nottingham E. of Notting Here. Cl. of Cr. Thomas Earl of Plimouth E. of Plim Here. Cl. of Cr. Thomas Viscount Falconberge L. Falconberge Here. Cl. of Cr. Francis Viscount Newport Treasurer of his Majesty's Houshold L. Newport Here. Cl. of Cr. Robert Lord Ferrers L. Ferrers Here. Cl. of Cr. Vere Essex Lord Cromwell L. Cromwell Here. Cl. of Cr. William Lord Maynard Comptroller of his Majesty's Houshold L. Maynard Here. Cl. of Cr. George Lord Dartmouth Master General of his Majesty's Ordnance L. Dartmouth Here. Cl. of Cr. Sidney Lord Godolphin L. Godolphin Here. Cl. of Cr. John Lord Churchill L. Churchill Here. Then his Grace the Lord High Steward addressed himself to the Lord Delamere the Prisoner at the Bar in this Manner L. H. Steward My Lord Delamere the King being acquainted that you stand accused of High Treason not by common Report or Hearsay but by a Bill of Indictment found against you by Gentlemen of great Quality and known Integrity within the County Palatine of Chester the place of your Residence has thought it necessary in Tenderness to you as well as Justice to himself to order you a speedy Tryal My Lord if you know your self innocent in the name of God do not despond for you may be assured of a fair and patient hearing and in your proper time a free Liberty to make your full Defence and I am sure you cannot but be well convinced that my Noble Lords that are here your Peers to try you will be as desirous and ready to acquit you if you appear to be innocent as they will to
an entire Confidence in your Resolution Fidelity and good Affections to Him that You will not by reason of the Prisoner's Quality and nearness to You as being a Peer of this Realm acquit him if he shall appear to be Guilty My Lords I have one thing further to mind your Lordship 's of That according to the usual Forms of Proceedings in these Cases if your Lordship's have any Questions to propound wherein You would be satisfied as to any Matter either of Fact or Law your Lordships will be pleased to put those Questions to Me and I shall take care to give your Lordships the best Satisfaction I can Lord Delamere My Lord High Steward I beg the Favour of your Grace I may have One to write for me Lord H. Steward Ay by all means Let my Lord have whom he pleases to write for him Then Sir Thomas Jenner One of His Majesty's Serjeants at Law and Recorder of the City of London opened the Indictment thus Mr. Recorder May it please your Grace my Lord High Steward of England and You my Noble Lords the Peers of the Prisoner at the Barr Henry Baron of Delamere the Prisoner at the Barr stands indicted for that He as a False Traytor against the most Illustrious and most Excellent Prince our-Soveraign Lord the King that now is not having the Fear of God in his Heart nor weighing the Duty of his Allegiance the Fourteenth Day of April last at Meer in the County of Chester did maliciously Conspire with other False Traytors to the Jurors unknown the Death and Deposing of the King And for the better and more effectual fulfilling of those his Treasons the said Fourteenth Day of April at Meer afore-said did Maliciously and Trayterously Assemble Consult and Agree with Charles Gerrard Esq and other False Traytors to Raise great Summs of Money and procure Numbers of Armed Men to make a Rebellion against the King and the City and Castle of Chester to seize with the Magazines there And that afterwards the Twenty-Seventh Day of May last he took a Journey from London to Meer aforesaid to accomplish his Treasonable Intentions And further That upon the Fourth Day of June in further Prosecution of his Trayterous Purposes at Meer aforesaid he did encite divers Subjects of our Lord the King to joyn with him and other false Traytors in his Treason And this is laid to be against the Duty of his Allegiance against the Peace of our Soveraign Lord the King his Crown and Dignity and against the Form of the Statute in that Case made and provided To this Indictment may it please your Grace and the rest of these Noble Lords my Lord Delamere the Prisoner at the Barr has Pleaded Not Guilty and for his Tryal has put himself upon his Peers We shall therefore call our Witnesses for the King and if We prove him Guilty We do not question but your Lordships will find him so Mr. Att. Gen. May it please your Grace my Lord High Steward of England and You my Noble Lords the Peers My Lord Delamere the Prisoner at the Barr stands Indicted for Conspiring the Death of His Majesty and in order thereunto to Raise a Rebellion in the Kingdom My Lords In proving this Charge upon him we crave Leave to give your Grace and your Lordships some short Account by Witnesses that we have here of a former Design that was previous to this Matter for which this Noble Lord stands here accused And We shall not trouble your Grace and your Lordships with any long Evidence because it has received many solemn and repeated Tryals and as to the Proof of it has been Confirmed by as many Verdicts But We do it rather to give some Account as an Introduction to a Material Evidence by shewing That Cheshire which was the Province of this Noble Lord was One of the Stages where that Rebellion was principally to be acted and that preparatory to it great Riotous Assemblies and Tumultuous Gatherings of the People were set on foot by the Conspirators We shall then shew my Lords That after the late Duke of Monmouth the Head of the Conspiracy went beyond Sea especially after the Death of the late King frequent Messages and Intercourse of Correspondency were sent and held between him and the rest of his Accomplices abroad and their Fellow Conspirators here at home And particularly We shall prove That a little before the Rebels came over last Summer into the West the Duke of Monmouth did dispatch one Jones who was one of the most considerable Agents in this Contrivance to come from Holland into England to let his Friends know that though he had intended to go into Scotland and begin his Work there yet now his Resolutions were for England where he hoped his Friends would be prepared for him And with this Message and Resolution of his Jones was to acquaint some Lords who they were the Witness will tell your Lordships but among others this Noble Lord the Prisoner was one And to acquaint them besides That he would immediately set sayl for England whither he would come so soon as he could get That he had a Design to have Landed in Cheshire where he expected to be most readily receiv'd but finding That inconvenient they should have notice Four or Five Days before-hand of the Place of his Landing which he intended should be in the West And among the Directions that Jones had to give to those Lords one was That they should immediately repair into Cheshire there to wait for the News These Instructions Jones had given him in Writing but Sealed up with an Injunction not to open them till he came to Sea and then he was to peruse that Writing and deliver his Message according to his Instructions And in that Writing was the Name of this Noble Lord as one that was principally relyed on to carry on the Rebellion in Cheshire And We shall give You an Account That the late Duke of Monmouth did look upon Cheshire as one of his main Supports and upon my Lord Delamere as a Principal Assistant There My Lords This Message was Jones to communicate to Captain Mathews and Captain Mathews was to transmit it to this Noble Lord and the other Persons that were concern'd with him Jones arrived with this Message here in England upon the Twenty-Seventh of May And I must beg your Lordships to observe the Time particularly But Captain Mathews to whom he was directed was not to be found nor Major Wildman to whom in the Absence of Captain Mathews he was to apply himself as You will hear more fully from the Witness 's own Mouth Thereupon he sends for one Disney a Name which your Lordships cannot but know he being since Executed for Treason and one Brand whom your Lordships will likewise hear of and they meet with this same Jones who communicates his Message to them and they undertake to deliver it to the Persons concern'd Captain Mathews being out of Town and Major Wildman
not to be found That very Night my Lords this same Brand and Disney they meet this Noble Lord my Lord Delamere at the Coffee-House and give him an Account of the Messages And as soon as ever he had received the Message upon that Twenty-Seventh of May at Ten of the Clock at Night does my Lord Delamere dispatch out of Town with only one Servant to attend him and Two other Friends that he had pick't up or appointed to meet him and go with him With all these Badges of Plot and Design does my Lord Delamere set out that Night It was the same Night that Jones came to Town It was late at Night He changed his Name and went by the Name of Brown He chose to go all the By-roads and would not keep the High-common-road and went with great speed as We cannot but presume according to the Message delivered by Jones on purpose to repair into Cheshire And if your Lordships please to observe You will find several remarkable Instances of Plot and Contrivance in the matter First That a Nobleman and one of 10 considerable a Character in his Country as my Lord Delamere should make such haste out of Town with 10 small an Equipage as but one Servant Then That he should go so late at Night Again That he should change his Name and That should prove to be a Name not casually taken up as the first Name he could think of next his own but a Name of distinction that he was known by among all his own Party For all the Communications between the Confederates and Him were managed as to Him under the Name of Brown By that Name several of the late Duke of Monmouth's Trayterous Declarations were sent for which were to be sent to him or by him into Cheshire And that alone with Submission my Lords would be a shrewd Circumstance of Suspicion that a Noble Lord such an one as my Lord Delamere should assume the Name of a Commoner and post out of Town so ill accompanied in a Disguise at that time of Night especially the Parliament being then Sitting as really it was But besides all this Circumstantial Evidence We shall prove by Positive Testimony what the hasty Business was that made my Lord undertake this Journey in this manner For having notice of the Duke of Monmouth's Intention to Land speedily in England when he comes into Cheshire he actually sets about the Work to put that County in a forwardness to assist in the Rebellion endeavours to stir up the People to joyn with him and acquaints One that he imployed in that Affair with the whole Design that he was engaged to raise so many Thousand Men and so much Money to be ready by such a Day Nor does my Lord rest here But after the Duke of Monmouth was Landed in the West to corrupt the Minds of the People We shall prove what Discourses he had and these will testifie his Inclinations to the Cause concerning the great Victories he had obtained over the King's Forces and how he applauded his Conquests My Lords We shall plainly shew You all this that I have opened in plain Proof And then We shall submit it to your Lordships Judgments Whether this Noble Peer be Not Guilty as he has Pleaded to his Indictment Lord H. Steward Call your Witnesses Mr. Attorney Who do You begin with Mr. Att. Gen. My Lord Howard of Escrick We desire he may be first sworn Which was done Lord H. Steward Well What do You ask my Lord Howard Mr. Att. Gen. My Lord I call You to give an Account what You know of a Design of an Insurrection that was to have been and in what Parts and what share Cheshire was to have had in it in the late King's Time Lord H. Steward You hear the Question What say You to it my Lord Lord Howard My Lord I am to direct my self to speak to what was done in the late King's Time For as to that Noble Lord at the Barr I have nothing to say against him Lord H. Steward My Lord Howard If I apprehend Mr. Attorney aright You are not called as a particular Witness against my Lord Delamere but only to give an Account what was agreed upon in any Consultations where You were present in the late KING's Time about a Conspiracy for an Insurrection Lord Howard If so my Lord then I am called not to be an Evidence against my Lord Delamere but against my Self that is to repeat what I have often delivered at several Tryals in the Courts of Justice and which I must always repeat with Shame and Confusion for my Guilt as I cannot but always reflect upon it with Sorrow and Horror But if it be for the Service of His Majesty and this Honourable Court for me so to do I shall endeavour to comply with it and repeat it as well as I can by the Assistance of a broken Memory it being an Account of Things done several Years past and from a Memory interrupted by such Accidents as are very well known and as have disabled me to make a more distinct and particular Relation before so great an Auditory My Lords I suppose it will be expected I should begin my Account with the Occasion and Ground and the Time when those Things happened Lord H. Steward Take your own Method my Lord. Lord Howard Truly my Lord I am not able to fix the particular Time unless You will give me leave to reckon the Years by the Sheriffs of London as the Romans used to do theirs by their Consuls for I have no other means of computing the exact Time Lord H. Steward Pray my Lord tell the Times as near as you can and use what Helps for your Memory you think best Lord Howard My Lords It was in that Year when Mr. Shute and Mr. Pilkington were Sheriffs for the City of London And at that Time it is well known how great Heats did arise upon the Contests that were in the City about Election of Officers for the Year ensuing Mr. Attorney General May it please your Grace My Lord Delamere seems to be faint with standing If your Grace please a Chair may be provided for my Lord to sit in Lord H. Steward Ay by all means Let a Chair be provided for my Lord to sit down Go on my Lord. Lord Howard My Lord I was saying that the Contests about the disputed Election of Sheriffs had occasioned such heats in the City of London and other Places that it was even beyond the common expressions of discontent I knew nothing of any particular Design there was in hand till about six weeks after when Captain Walcot came to me a Person I had known some time before and upon discourse acquainted me that he had found out that there were some persons engaged in a considerable Action that was near its execution and that in order to it he had had notice given him to make preparation and thereupon he had thought fit for that reason
hear-say from others For I had no knowledge of what pass'd as to him but what I had from Capt. Walcot who told me That after that there were several dayes of Meeting appointed but still from time to time put off but upon what reason I cannot particularly remember This is all I know of my Lord Shaftsbury and the latter Part is wholly by Hear-say from Walcot But by reason of this Agitation we continued under Expectation till such time as my Lord Shaftsbury went into Holland where he shortly after died And truly I thought at that time much of the Design was quashed and laid aside But soon after Ferguson came over who when he came Here began to revive and quicken the Business and push it on to Execution I spoke with him at the One Bell in the Strand and there he gave me an Account of all the Steps that had been taken He told me what Preparations had been made in the City in general what to seize the Gates of the City what to Possess themselves of the Tower what to attacque the Guards and several other Things which I can't now so well remember the Impressions of them being worn out of my Memory by length of Time and other Accidents This in general is all that I can say as to what was previous to the particular Engagement wherein I was concern'd For at last after many Discourses the Troubles and Difficulties of the Times increasing and the Dangers that threatned us as we thought growing higher and higher this gave an Occasion for our uniting Councels and entring into a kind of Juncto which I suppose is Foreign to this Affair before your Lordships and therefore I suppose would be likewise impertinent for me to trouble your Lordships with L. H. Steward Mr. Attorney Do you desire my Lord Howard should give an Account of those other Meetings and Consultations at which he was present Mr. Att. Gen. My Lord I think there will be no need of it and I am unwilling to take up your Grace's Time to no purpose Lord Howard As for that Noble Lord at the Barr I know nothing concerning him Lord H. Steward Then Gentlemen Will You have him asked any more Questions Mr. Att. Gen. No my Lord. Lord H. Steward My Lord Delamere Will You ask him any Questions Lord Delamere No my Lord. Mr. Att. Gen. Before my Lord Howard goes I would ask him one Question in general Whether he knew of any Design of a Rising in Cheshire Lord Howard No my Lord I knew of none at all Mr. Att. Gen. Then We desire my Lord Gray may be sworn Which was done Mr. Att. Gen. Pray Will You give his Grace and my Lords an Account what You know of any Designs of an Insurrection or Rebellion when You were beyond Sea or before and who were engaged in it Lord Gray My Lord I am Subpoena'd hither on behalf of the King and I am also Subpoena'd on behalf of my Lord the Prisoner at the Barr I do not know any thing that I can speak of my own Knowledge against the Prisoner nor have I any thing to say that I know of that will be for his Advantage But I am here ready to Answer such Questions as shall be asked of me either of One side or the Other Mr. Att. Gen. My Lord the Question I ask You is What do You know of any Design of a Rising in Cheshire and when Lord Gray About the Time of Election of Sheriffs for the City of London I mean that memorable Time of the Contested Election which furnished the World with so much Discourse and was the occasion of such Heats and Animosities About that Time the Duke of Monmouth and my Lord of Shaftsbury began to discourse about making use of That as an Opportunity to accomplish their Design For they thought the Ferment was so high that Men would easily be disposed to an Insurrection And after many Discourses to that purpose they came to this Resolution That they would apply themselves to make what Interest they could to procure a Rising in Three several Parts of the Kingdom at once One in Cheshire whither the Duke of Monmouth was to betake himself and there be advised by my Lord Macclesfield my Lord Brandon my Lord Delamere that then was and the Prisoner at the Barr what Gentlemen were proper to apply to for joyning in the Design The Second was in London which was assigned to be the Province of my Lord of Shaftsbury And the Third was in the West which was committed to the Care of my Lord Russel The Duke of Monmouth did accordingly go his Progress into Cheshire as is very well known and upon his Return was taken into Custody by the Serjeant at Arms Upon which Sir Thomas Armstrong was sent Post to Town and get an Habeas Corpus and withal to deliver a Message to Me to be Communicated with my Lord Russel and my Lord Shaftsbury Which Message as near as I remember was to this Effect That he had been kindly received by the Gentlemen of the Country and had discours'd the Matter with them and found them all inclined very much to his Satisfaction That upon his being Arrested he had been advised to make his Escape into Cheshire and Rise immediately but that he would not do a Matter of that great Importance without the Approbation of his Friends This is all that I know of any thing that was designed in Cheshire Mr. Att. Gen. Pray my Lord what do you know of any Messages that Capt. Matthews or Jones brought over from Holland and to whom and from whom L. Gray Sir I will give the best Account I can upon the sudden for I am not prepared to give a particular distinct account in regard I did not know it would be expected from me nor indeed that it would affect the Prisoner at the Bar. L. H. Stew. Pray my Lord give my Lords the Peers as succinct and particular an account as you can L. Gray My Lord soon after the late Kings Death the Duke of Monmouth was at Amsterdam with my Lord Argyle where there was an account given of the Design that was in hand of an Insurrection in Scotland and the preparations that had been made in order to it and at that time there came over to Holland Mr. Crag that came as I was inform'd from Major VVildman and his Errand was to promote and recommend a Reconciliation between the Duke of Monmouth and my Lord Argyle who till that time had acted in separate Interests and Crag then gave an account that Means and Money were prepared he had no particular Message to the Duke because he did not know of meeting him there at that time The Duke of Monmouth upon this Encouragement did send Captain Matthews into England with a Message to Major VVildman wherein he did desire him that he would procure a Meeting with my Lord Macclesfield My Lord Brandon my Lord Delamere and I think Mr. Charleton and acquaint
them that he had received a full account of my Lord Argyle's affairs and the preparations that had been made for it and accordingly he had ordered his own affairs to join with him he likewise sent Crag with a Message to the same purpose to other Friends in London and he dispatch'd away one Battescomb into the VVest to prepare things there When Crag returned back again to the Duke he gave him an account that Major VVildman had procured a Meeting with those Lords and Gentlemen that I mentioned before who were all of Opinion That the Duke of Monmouth should go for Scotland for they thought that his coming there would be the best Service he could do the interest at present and they should know the strength of the Enemy here by their sending Forces to suppess the Rebellion there There was likewise a particular Message from Major VVildman to the Duke of Monmouth That he desired he would bring over with him a Broad Seal to Seal Commissions with and to take upon him the Title of King the other particular branches of the Message I do not so well remember but only this he was particularly asked Whether the Prisoner at the Bar was there and he said he was Mr. Att. Gen. Pray my Lord Gray will you give an account what you know of Jones's coming over and what Errand he was sent of Lord Gray Jones came some time after Crag returned and he gave an account of other things conformable to what Crag had said and was sent back again to England by the Duke of Monmouth to give an account of his being ready to sail he gave him also a Letter the Contents whereof I did not see I had some short account of it but whether it were written to any particular Person I cannot tell the sum of his Message was That he would land by that time he could get thither Mr. Att. Gen. My Lord Gray you had frequent Discourse with the Duke of Monmouth and so I suppose can give an account who he kept Correspondence with and upon whose assistance he relyed Lord Gray I suppose few people will believe we were so weary of our Lives as to come and throw them away with Threescore or a very few more Men for it was but a very small number we began with except we had had expectation of good assistance This I am sure of by all my discourses with the Duke of Monmouth he did depend very much upon Cheshire and was resolved to have landed and begun there but afterwards he considered of it and thought better to send some sort of excuse for not landing in Cheshire That the persons that were to be applyed to there being men of great Quality and Interest in their Countrey and able to manage it without his assistance But in the VVest the Friends he relyed on were not of that considerable Quality and therefore he chose to land there Mr. Att. Gen. What Lords did he name that he depended upon Lord Gray I did name them my Lord Macclesfield my Lord Brandon and my Lord Delamere but I observed when the Duke of Monmouth spoke of his Friends in Cheshire he did name my Lord Macclesfield and my Lord Brandon as Persons E. of Nottingham My Lord Steward I humbly pray this Witness may be asked to whom that Letter was written that he saith the late Duke of Monmouth sent by Jones Lord H Stew. You hear my Lord's question who did Monmouth send that Letter by Jones to Lord Gray My Lord I never saw the Letter nor do I know any directions there were upon it I always looked upon it as a paper of Instructions given to him about the time when and the name of the place where the Duke was to land Mr. Att. Gen. We will give an account of that by Jones by and by My Lord. Now swear Nathaniel VVade Which was done Lord H. Stew. Well what do you ask this Witness Mr. Att. Gen. Wade That which I call you for is this to give an account what you know of any design of landing in Cheshire or elsewhere and of Jones's coming over and what Errand he was sent upon Mr. Wade My Ld. I shall give an account as far as I know after the death of the late King Captain Matthews came to Amsterdam and gave an account there that the Duke of Monmouth intended to be there shortly to meet and consult with my Lord Argyle who we understood then was preparing for an expedition into Scotland thereupon I was sent into Freezland to desire my Lord Argyle to come to Amsterdam which he did and there the Duke of Monmouth did consult with him and they did agree together that at the same time that my Lord Argyle made an Insurrection in Scotland the Duke of Monmouth should Invade England and to that end that he should send to those Friends he had in England to be ready to assist him when he came there and in order to it he did send Captain Matthews who amongst other things was to go to the Dukes Friends in Cheshire and amongst them my Lord Delamere was named to be one and the business was to desire them to be ready to assist him when he should land accordingly Captain Matthews went but a little after his going away I think one Crag came over and he came from Major Wildman and his business was to endeavour a good understanding between the Duke of Monmouth and my Lord Argyle who were then at some difference and to endeavour to make them act jointly by united Councils a little after he was sent back again into England to Major Wildman to desire him to assist them with some Money he went back again and returned but brought no Money thereupon he was sent again by the Duke of Monmouth because the first time he was not sent by him the Sum demanded was Six Thousand Pounds or Four Thousand Pounds and at last he sent for a Thousand Pound Crag returned with this Answer That they could not assist them with Money for they did not know to what end they should have Money but to buy Arms and for that the people were well provided enough already and there was no need of Money for that purpose The Duke of Monmouth a while after sent Mr. Crag and pawned all the Jewels he had to raise Money and fitted out Three Ships for this Service laden with Ammunition and because he had promised my Lord Argyle to make a diversion in England while he Invaded Scotland he resolved to go with that provision he had and desired by Mr. Crag that since those Lords and Gentlemen that were to assist them had sent no Money as was desired of them and expected from them they should now trouble themselves with no further needless consultations but should repair each man into his own Countrey where their interest was greatest to be ready when he should come and in order to this the Duke of Monmouth did set sail from Holland and
came to Lyme and landed there and did afterwards order his March so that he might most conveniently meet with his Cheshire Friends that is towards Gloucester and so to get Gloucester Bridg that thereby gaining the command of the River of Severn those of Cheshire if they did as was expected make an Insurrection at the same time they might easily join together In pursuance of this design we came to Keinsham Bridg and there a party of the Kings Horse set upon us and we took some Prisoners and thereupon thought it advisable not to let the Kings Army join together but to go back and engage those that were already come together and that was the reason we did not go over the Bridg. Mr. Att. Gen. Do you know any thing of Jones's coming into Holland and for what Mr. Wade My Lord I had forgot that a little before Crags going last away Jones came over and his business was to know why we staid so long for the Duke of Monmouth's Friends in England had expected him long before and he was dispatch'd away quickly to acquaint them the Duke was coming Mr. Att. Gen. Who was he sent to to acquaint with his coming VVade To Major Wildman he was directed to Major Wildman Mr. Att. Gen. Who else were to be acquainted with it Wade Among the rest my Lord Delamere my Lord Macclesfield and my Lord Brandon were to be acquainted that he was coming and expected that they should raise what Forces they could to assist him Lord H. Stew. Will my Lord Delamere ask him any Questions Lord Delamere No my Lord I never saw his Face before tat I know of Lord H. Stew. Who do you go to next Mr. Attorney Mr. Att. Gen. Next we call Richard Goodenough Swear him which was done That which I would know of you Mr. Goodenough is Whether Jones was sent of my Message and about what Goodenough My Lord I was beyond Sea with the Duke of Monmouth and Mr. Jones was sent among other persons to my Lord Delamere to give him notice that he should be ready against the time that the Duke should land and take care to secure himself that he might not be seized here in Town for we were apprehensive such a thing would be attempted Mr. Att. Gen. What directions were given him what Lords to go to Goodenough My Lord we were informed in Holland that my Lord Delamere was one of those Lords that had promised to draw his Sword in his behalf Mr. Att. Gen. Had you any discourse with the Duke of Monmouth about it at any time Goodenough Yes I have discoursed with the Duke of Monmouth several times Lord H. Steward Ay what did he say to you about it Goodenough My Lord he said among other things that he hoped my Lord Delamere would not break his promise with him Lord H. Stew. My Lord Delamere will you ask him any Questions Lord Delamere No my Lord I never saw his Face before that I know of I will assure you Lord H. Stew. That is pretty strange so famous an Under-Sheriff of London and Middlesex as he was Mr. Att. Gen. Then swear Jones which was done Pray will you give an account what Message you received from the Duke of Monmouth upon your going over into Holland and to whom you were to deliver it and what became of it Jones My Lord I went to Holland about the latter end of April last my going as I have acquainted his Majesty and the Council was not only about this Affair for I had other business that called me thither which I shall not now take up your time or trouble you with repeating of but having some knowledg from Mr. Disney that there were some intentions of doing something tho it was communicated to me but very darkly and therefore that little I did know made me the willinger to go for Holland so soon as I did but before I went I had a mind to understand something more of the design and therefore the night before I went I came to Mr. Disney and acquainted him with my intended Journey Mr. Disney did perswade me against it thinking that I had gone upon this account but I told him the occasion which he partly knew why I went but withal I told him I did intend to see the Duke of Monmouth and if he had any Message that he would have delivered to him I would deliver it very safely he told me all the Message I should deliver to the Duke of Monmouth if I saw him was to desire him to keep to the last Conclusion which he would find in a Letter that had been sent to him and that if he had not yet received the Letter it was to come by the Crop-hair'd Merchant or the Crop-ear'd Merchant I cannot say which but I think it was the Crop-hair'd I asked him what that Message was lest the Letter should miscarry for I told him if I should go to the Duke of Monmouth and refer him to a Letter wherein a Message was to be brought him which he was to keep to and that Letter should miscarry I should in effect bring no message at all to him my Lord thereupon he told me that I should acquaint the Duke of Monmouth that his Friends in England would not by any means have him come for England but that he should continue where he was or if he thought good to go for Scotland they approved of it this is the sum of what he said to me as near as I can remember When I came to Amsterdam there was one Mr 〈◊〉 that was kill'd at Philips Norton went with me to the Duke of Monmouth's and when I came to him I acquainted him as Mr. Disney appointed me to do that there was such a letter sent by such a person and that such a Message was included in it My Lord he was in a great passion I know not how to express it and seemed to be very much troubled and did reflect very much upon Major Wildman and said that was Wildman's work and he said as I think that was the word he used Wildman was a Villain or to that purpose but withal he said it was too late to send such a message now and that he was resolved to come for England and he would make VVildman hang with him or fight for it with him that Wildman did think by tying his own purse he should tye his hand but he should find it should not be so and some other words of the like nature he used but this is the substance of what he said he gave some account what preparations had been made he said Money was very short and he had been fain to pawn all he had to raise what Money was raised upon his own charge He asked me if I did think to return to England shortly I told him if he had any service to command me for England I had some little business to do at Rotterdam which I would dispatch and then I
would perform his Commands he told me he would be glad I did return as soon as I could for England and that this should be the Message I should carry to Wildman in answer to the Message he had sent him That he would come for England and he should either fight with him or hang with him and that was all he had to say to him I was coming away from him but he stopped me and told me he would not have me go out of Town till he had spoke with me again this was upon the Sunday accordingly I did go in the Evening to him and when I came he told me he would have me stay till Tuesday Morning for he was going out of Town and intended to be back again at that time but if not I should receive from my Lord Gray what he had to say to me He did not come upon the Tuesday but my Lord Gray did come and I think to the best of my remembrance Mr. Crag was with me he told me all he had to say was That the Duke intended to be in England within Nine days and that upon the Thursday seven-night after I came away the Duke would be in England and he bid me to remember to tell Brand that when he heard the Duke was landed he should acquaint Sir Robert Payton with it but not till he was landed for tho they did think that he would join with them when the thing was begun yet they ought to be careful who it was communicated to for fear it should be discovered and disappointed this was all that I had in command from my Lord Gray I came to Rotterdam and dispatch'd my business there and would have come away but it happened there were no Ships coming for England nor would there be any in a Fortnights time thereupon I returned to Amsterdam when I came back I went to see the Duke to give him an account how it happened that I was not gone for England the Duke told me he was glad I was not gone for now he had a further Message for me to carry and he would have me stay 2 or 3 days in Town for it I staid three days and came again to him but he told me he was not ready for me yet then I stayed two or three days longer till the 21 st of May to the best of my remembrance it was upon a Thursday that he gave me the Message that I was to bring into England I came to him in the Morning and he told me I should come to him upon the Evening of that day and when I came there was a Paper lay before him on the Table and he took the Paper and sealed it up I cannot say he wrote all that was in that Paper but the Paper that lay before him was not finished when I came in and that he did not write while I was there I am sure but he took it up and sealed it before me and when he had sealed the Paper he told me I must assoon as I came for London see for Captain Matthews Sir Thomas Armstrong's Son in Law who lodged at Mr. Blake's in Covent-Garden and desire him to acquaint my Lord Macclesfield my Lord Brandon and my Lord Delamere with his design of coming for England and that he was resolved to set out upon the Saturday Morning after I came away which was upon the Friday he told me Captain Matthews was to send one Post to that place that was named in the Note to receive Intelligence of his landing and that should be brought to his Friends here immediately he designed should be 24 Hours before the Court had notice of it in Town and those Lords were to be in readiness that as soon as they knew he was landed they might repair to their several Posts to assist him I told him that I would deliver what Message he gave me and asked him what I was to do with the Paper he put into my hands thereupon as near as I remember he used these expressions to me I do by you as Princes do by their Admirals when they send them out upon any considerable expedition which requires secrecy in the management of it they have their Commission delivered to them sealed up which they are not to break open till they are at Sea So here I deliver you your Instructions sealed up which you are not to open till you are at Sea and when you have opened them and read what is contained in them I would have you tear the Paper and throw it into the Sea or otherwise dispose of it lest you be surprized and searched at your landing and my Papers found about you My Lord I asked him because I would be as punctual in my Message as I could what those Lords were to do when they came out of Town whether they should come directly to him or no he told me no not that but they should go into the Countrey and secure their Interest for him there I asked him then if Captain Matthews be out of the way and I be disappointed of meeting with him shall I deliver this Message to the Lords my self he told me no by no means for those Lords were Persons of Quality and that that was not a thing to be done by me what shall I then do my Lord said I if Captain Matthews be out of the way you need not question that saith he but if you meet not with Matthews speak to Wildman My Lord with these instructions and this as near as I can remember is the Sum of all he said to me I came away and came to Sea when I was out at Sea I broke open the Letter that I had given me by the Duke and I will tell you as near as I can what were the Contents of it there was written in it to this Effect TAUNTON in Somersetshire is the place to which all are to resort the Persons to be acquainted with the time of landing are the Lord Macclesfield the Lord Brandon and the Lord Delamere the place to send the Coach to is to Taunton to Mr. Savages House at the Red Lyon the place where the Post was appointed to return was Captain Matthews Lodging at Mr. Blake 's and he was to receive the message or if he did not he was to appoint one that should receive it or if it were to return to any other place that was left to him to do as he thought fit And this was all as near as I can remember when I had seen this I came to London and being very weary and tired when I came home I went to Bed Mr. Att. Gen. Pray tell the Court as near as you can what day it was you came Jones I came out of Holland the 22 d of May I came home the 27 th and looking upon my Almanack I find that it was the Wednesday Fortnight before the Duke landed that I came when I was come home I sent for Mr. Disney and
I do therefore tell us where it is Hope My Lord my house is at the Three Tunns in Coventry Lord H. Steward Well go on tell what thou knowest Hope Some time after that he came down Post again and a little after he went up again Post and he told me he went down another way and after that the 21 st of June he came down Post again this was upon a Sunday the Sunday Sennight after the Duke of Monmouth landed Mr. Att. Gen. Had he any Servant with him at that time Hope Yes he had Lord H. Steward Had he a Servant with him every time he came down Post Hope No he came over I remember without any servant only with a Post Boy Lord H. Steward Well and what Discourse had you with him at that or any other time Hope My Lord that Sunday the 21 st of June my house was very full of people to enquire news it being in the time of the Rebellion every one was desirous to know how things went and there was one Ingram in the house that came to me and asked what news from London for they say saith he that the Duke of Albemarle is killed and his Hearse brought to Westminster Abby thereupon I knowing my Lord Delamere was come from London I went into the Room to my Lord and desired to know of his Lordship what was the news in London he told me he was little at Court and therefore could not tell much News I then asked him what he heard concerning the Duke of Albemarle said I they say here he is killed saith my Lord I am sorry for it if it be so but I fear it is too true but if he be killed it is said he is killed by his own Party I asked him how he told me a Party of the Duke of Albemarle's men were commanded to Fire at the Duke of Monmouth's men but instead of shooting at them they shot into the Ground upon which they were very severely handled by their Officers which so inraged them that they fired upon them and killed several of them and amongst others the Duke of Albemarle was killed and he told me the Duke of Monmouth had several Field Pieces and Arms sufficient for near 30000 men Mr. Att. General Pray did he shew you any Places in any Maps Hope There was in the Room Adams's Map of England and my Lord Delamere shewed me which way Monmouth went and pointed out such and such Towns that he was possessed of and withal said he did fear there would be many bloody Noses before the Business was at an end Mr. Att. General How many times do you think my Lord did ride post to and fro Hope About five times I believe L. H. Steward Within what space of time Hope From the Sunday Sev'night before the Coronation to the Twenty first of June following L. H. Steward Have you done with him Mr. Attorney Mr. Att. General Yes my Lord. L. Delamere My Lord High Steward with your Grace's leave may I ask this Witness any Questions L. H. Steward Yes my Lord what you please L. Delamere 'Pray Did I go down post four or five times do you say in that space Hope My Lord I say you did go so often backward and forward L. Delamere What time was that you say I came without any Servant only with a Post-boy Hope I cannot tell L. H. Steward Will your Lordship ask him any more Questions L. Delamere No my Lord. Mr. Att. General Then my Lord we desire Thomas Saxon may be sworn which was done 'Pray Mr. Saxon will you give an account to his Grace and my Lords what you know of my Lord Delamere the Prisoner at the Bar concerning any Insurrection or Rebellion designed by him in Cheshire and when Saxon. At the beginning of June last I was sent for to Mere my Lord Delamere's House in Cheshire where when I came I was conveyed into a lower Room where were my Lord Delamere Sir Robert Cotton and Mr. Crew Offleys and they told me I was recommended to them by my Lord Brandon who had said I was an honest useful man and they hoped I would prove so For they had sent to the Duke of Monmouth who was in Holland and received an answer by one Jones and assoon as they had an answer my Lord Delamere came away post into the Country under another Name and by being conveyed through Moorfields came down to raise Ten thousand men for the Duke of Monmouth in Cheshire by the first of June but now they had considered of it and found they could not raise them till Midsummer for they must have time to raise a Sum of money forty thousand pound in that Country to maintain the men They asked me whether I would not undertake to carry a Message to the Duke of Monmouth I told them I would and I had there given me eleven Guineas and five pounds in Silver for my Journy and I did hire a Horse afterwards and did deliver my Message to the Duke of Monmouth L. H. Steward When was this do you say Saxon. This was the beginning of June L. H. Steward What day of June Saxon. I cannot tell to a day what day in June it was for I did not set it down but I believe it was the third or fourth of June L. H. Steward How came you to be recommended by my Lord Brandon to these Gentlemen Were you acquainted with my Lord Brandon Saxon. I was acquainted with him The first time I was with him was at Over the next time was at my Lord 's own House Mr. Att. General Ay 'pray tell my Lord how you came acquainted with my Lord Brandon Saxon. Upon the Monday in Easter Week last being at Over I was sent for by my Lord Brandon to drink a glass of Ale and smoke a pipe of Tobacco with him and when I came thither my Lord told me he had a desire to be acquainted with me so we drank a considerable while and he was attended at that time with one Hollingshead and one Mr. Lee and after we had drank pretty smartly and after some discourse Lee and Hollingshead went forth being called out to speak with some body about an Estate or a Tenement that they were concerned in After they were gone out my Lord Brandon began to discourse about the Elections of Parliament-men how unfairly they had been carried he said he stood both for the Town and County of Lancaster but had lost it by an unfair Election for the other Party had made Seven-score Freemen in one night in the Town and by that means had carried it against him which had exasperated the Country so much that they were resolved to make it an occasion of raising up the Country in Arms under pretence of maintaining the Christian English Liberties and that they had a design to send for the Duke of Monmouth and make him King and that they must make use of such men as me that were men of Interest
gathered up agen and therefore unless the Case be very clear against me you I am sure will not hazard the shedding of my blood upon a doubtful Evidence God Almighty is a God of Mercy and Equity Our Law the Law of England is a Law of Equity and Mercy and both God and the Law require from your Lordships Tenderness in all Cases of Life and Death and if it should be indifferent or but doubtful to your Lordships which upon the Proofes that I have made I cannot believe it can be whether I am innocent or guilty both God and the Law require you to acquit me My Lords I leave my Self my Cause and all the Consequences of it with your Lordships And I pray the All-Wise the Almighty God direct you in your Determination Lord High Steward Have you any thing more to say My Lord Lord Delamere No My Lord. Lord High Steward Then Mr. Attorney and you that are of the Kings Counsel What have you to say more Mr. Soll. General May it please your Grace and you my Noble Lords the Peers of my Lord Delamere the Prisoner at the Barr. The Evidence that hath been given against this Noble Lord is of two Natures part of it is positive Proof and part is circumstantial and though it be allowed that there must be two Witnesses in Cases of Treason and that Circumstances tho never so strong and sufficient to fortify one positive Proof do not nor can make a second positive Witness Yet I crave leave to say that there may be Circumstances so strong and cogent so violent and necessary to fortify a positive Testimony that will in Law amount to make a second Witness such as the Law requires My Lords I do not say every Circumstance will do it but such as necessarily and violently tending to the same thing that was positively proved As for Example If a man comes and Swears against another that he said he will go immediately and kill the King and another man that did not hear those words comes and testifies his Lying in wait that circumstance of Lying in wait that was an action indifferent in it self yet when applyed to the positive Proof will be a second witness to satisfie the Law which requires two witnesses in Treason It must confess My Lords when we will make Circumstances to be a second Evidence they must be such as are necessarily tending to fortifie the positive Evidence that was given by the single Witness Now whether that be so in this Case I must as becomes me leave to your Lordships Consideration It is not my business to carry the Evidence further than it will go and I am sure it is not my duty to let it lose any of its weight and if it have not that force it ought to have I should be to blame as not having done what belongs to me to do I will therefore state the Fact to your Lordships plainly as it stands upon the Proof and submit the whole to your Lordships Determination My Lords Our positive Proof with which I crave leave to begin is but by one single Witness and that is Saxon and his Evidence is this That being in Cheshire where he lives he was sent for about the 3 d or 4 th of June last to my Lord Delamere's House at Mere and there he was brought into a Lower Room where he saw my Lord Delamere Sir Robert Cotton and Mr. Crew Offley That my Lord Delamere told him he had received a Message lately by one Jones that was sent from the Duke of Monmouth whereby he understood that the Duke would speedily be in England and that they must provide Men and Arms to assist him when he came That he was a Man recommended to them by my Lord Brandon and that upon his recommendation they had thought fit to intrust him in the matter and withal told him They were to raise 40000 l. and 10000 Men in that County He tells you likewise these Gentlemen gave him 11 Guineys and 5 l. in Silver to go of an Errand for them to the Duke of Monmouth which he undertook to do and hired a Horse to that purpose This My Lords is the positive Proof and this I must acknowledge standing-single and by it self will make but one Witness but whether the Circumstances that have been offered to your Lordships by the other Witnesses be such violent Circumstances as necessarily tend to fortifie and support that positive Evidence and so will supply the defect of a second Witness is the next question that I come to consider and I shall take them into consideration in the same order that the Evidence was delivered The first step My Lords that was made as to any Evidence that toucheth this Noble Lord at the Bar was what was testified by my Lord Gray for as to the other part of the Evidence that related to the Conspiracy in general I need not trouble your Lordships with the repetition of it that there was such an one is notoriously known but I say that part of the Evidence in his History of the Conspiracy which my Lord Gray brought home to my Lord Delamere was this That upon the first Meetings and Consultations it was resolved upon That the Duke of Monmouth should go into Cheshire to make an Interest there and among the Persons that he was directed to go to and to apply himself to for advice there as Persons fit to be trusted this Noble Lord was one That upon the Duke of Monmouth's Return out of Cheshire he did give his Confederates here in Town an Account how well he had been received and that he liked all things very well there This my Lords is the first Circumstance offered that has been to you to shew that he had a Confidence in my Lord Delamere as a Principal Support of his Designs at that very time The next thing that we offer is this Message of Jones's and for that our Evidence has fully and plainly made it out to your Lordships That Jones did go over into Holland and his Business there was an Errand from Disney and Major Wildman and the Confederates here The effect of his Message was That it was their Opinion That the Duke of Monmouth should go for Scotland and joyn with my Lord Argyle but upon the Receipt of the Message he being angry said It was too late for such a Message now and he would come into England for he was ready to Sail and thereupon he did send this same Jones back again into England upon a Message to inform the Lords and others of his Party among whom my Lord Delamere was one That he would have them betake themselves into their several Countries and not stay to be taken or clap'd up here for that he did understand was the design and this Message was delivered in Writing now that the Duke of Monmouth did write a Note and give it to Jones is verified by my Lord Gray's Testimony too and this was Sealed