of Vices and is a prophane lewd debauchee This Keeling is brought in as the first Witness against Mr Bateman tho' his Evidence touch'd him no more in Law than it did every of the Jury-men and it is remarkable Page 1. c. of the true Account c. that in the four Informations which he at several times gave in to Jenkins Mr Bateman is not so much as once named and yet we here find Keeling a witness against him The fore-mentioned bitter and malitious History doth likewise present us at large Page 34. of the true Account c. as it did Keeling's with the Information of Lee the dyer against Mr Bateman therein Lee swears that he told Mr B. a story he had from Goodenough of our Rights and Priviledges being invaded and that some Gentlemen had taken into consideration how to retrive them c. That Mr Bateman thereupon told him he must have a care and speak at a great distance that he was willing to assist if he could see but a Cloud as big as a Man's hand And that Mr B. told him that the Duke of Monmouth told him the said Mr B. that he was glad that he came acquainted with those Protestant Lords and that Mr B. assured Lee that the Duke was very right for the Protestant Interest and that we need not mistrust him And Lee added in that Information That Goodenough told him that they must seize the Tower and take the City and secure the Savoy and Whitehall and the King and the Duke The Case as to poor Mr Bateman was much altered between the time of Lee's giving the foregoing Information and this Tryal for at first the managers were for hanging Goodenough of whom the Author of the True Account pag. 55. saith that he with monstrous Impiety maintained and recommended the Murder of the King and the Duke as a pious design and a keeping of one of the ten Commandments and the best way to prevent shedding Christian Blood rather than Bateman and to that end Lee's main force was then bent against Goodenough but now it being found that Goodenough and the City Juries of that day could hang Alderman Cornish and Bateman and also Sr. Robert Peyton could they have catcht him the story of a Cloud as big as a man's Hand is expatiated and breaks in a dreadful storm upon Mr B. That of the Duke of Monmouth's being right for the Protestant Interest is now mightily improved and Bateman made to have said The Duke would engage in the business and had Honses in readiness c. And that he the said Bateman would take an House near the Tower in order to surprize it c. As matters were at first concerted the Evidence ran thus Goodenough told Lee that they must seize and secure the Tower the City the Savoy Whitehall the King and the Duke Now Lee swears and Goodenough backs him in it that all this discourse of seizing and securing c. proceeded from Mr Bateman To conclude the whole was a hellish Contrivance to destroy the most valuable men of the Age and with them the Protestant Religion and the wicked History I have mentioned is a lying most malitious Libel upon the great and noble Names and Families of the D. of Monmouth the Earls of Bedford Leicester Essex Shaftesbury Argyle and others and also upon the present learn'd Bishop of Salisbury and therefore seeing that Author doth not unwrite it 't is pitty that 't is not condemned to be burnt by the hands of the Common-Hangman And should it receive that deserved Sentence the Executioner is hereby advertised that he may find the Book in Custody unless escaped since the Prince of Orange's Landing and also in Irons it being affixed very fairly bound with a Chain not far from Newgate at Sadlers Hall with an Inscription on the Title Page The Gift of Mr Nott of the Pall Mall Remarks upon the Tryal of the Right Honourable Henry Lord. Delamere upon the 14th Day of January 1685. Before the Lord Jeffryes Lord High Steward on that occasion SOon after the defeat of the Duke of Monmouth in the Year 1685 a Proclamation was issued requiring my Lord Delamere to render himself which his Lordship accordingly did and upon the 26th of July 1685 the Earl of Sunderland Secretary of State committed him to the Tower for high Treason The Parliament sitting in November following the House of Lords began to enquire into his Lordship's case but were quickly after prorogued to the 10th of February following and never sate more The County Palatine of Chester did at that time furnish the Conspirators with as good Juries as could be pack'd in the City of London by Sr John Moore 's Sheriffs as is well known to the right honourable the Earl of Macclesfield my Lord Delamere Sr Robert Cotton and many other eminently deserving Patriots of Cheshire Thither was a Commission of Oyer and Terminer speeded and an Indictment was preferred against his Lordship before Sr Edward Lutwich Chief Justice of Chester and the Bill was readily found against him by a well prepared and instructed Grand-Jury Thereupon his Lordship was brought to Tryal before the Lord Jeffryes High Steward and the following Peers viz. Laurence Earl of Rochester Lord high Treastrer of England Robert Earl of Sunderland Lord President of the Council Henry Duke of Norfolk Earl Marshal of England James Duke of Ormond Lord Steward of the Houshold Charles Duke of Somerset Christopher Duke of Albemarle Henry Duke of Grafton Henry Duke of Beaufort Lord President of VVales John Earl of Mulgrave Lord Chamberlain of the Houshold Aubery Earl of Oxford Charles Earl of Shrewsbury Theophilus E. of Huntington Thomas E. of Pembrooke John E. of Bridgewater Henry E. of Peterborow Robert E. of Scarsdale William E. of Craven Richard E. of Burlington Lovis E. of Feversham George E. of Berkley Daniel E. of Nottingham Thomas E. of Plymouth Thomas Viscount Fanconberg Francis Viscount Newport Treasurer of the Houshold Robert Lord Ferrers Vere Essex Lord Cromwell William Lord Maynard Comptroller of the Houshold George Lord Dartmouth Master General of the Ordnance Sidney Lord Godolphin John Lord Churchill Who being called over and appearing the High Steward began thus My Lord Delamere you stand indicted of High Treason by a Bill found against you by Gentlemen of Great Quality and known Integrity within the County Palatine of Chester the place of your residence and the King has thought it necessary to order you a speedy Tryal My Lord if you know your self innocent do not despond A Complement which Jeffryes never put upon any Man before For you may be assured of a fair and patient hearing and a free liberty to make your full defence He then ordered the Indictment to be read which was to this effect viz. That my Lord D. as a Traytor against King James the second the 14th of April last conspired with other Traytors the deposing and death of the King and did
and the Prisoner what Gentlemen to apply to for joyning in the Design The second was in London which was assigned to be the Province of my Lord Shaftesbury and the third in the West under the care of my Lord Russell and that the Duke accordingly went his Progress into Cheshire That soon after Mr Crag came over to Holland as I was informed from Major Wildman and gave an account that Men and Money were prepared thereupon the Duke sent over Captain Mathews to Major Wildman to desire him to meet with my Lord Macclesfield Lord Brandon Lord Delamere and I think Mr Charleton and acquaint them that he had ordered his own Affairs to joyn with the Earl of Argyle He likwise sent Crag with a Message to the same purpose to other Friends in London and he dispatched away one Battiscom into the West to prepare things there When Crag returned to the Duke he gave him an account that Major Wildman had procured a Meeting with those Lords and Gentlemen who were all of opinion that the Duke should go for Scotland That Crag said the Prisoner was there There was also a particular Message from Major Wildman to the Duke that he desired he would bring over with him a Broad Seal to seal Commissions with And would take upon him the Title of King Jones came some time after Crag returned and gave an account of other things conformable to what Crag had said and was sent again to England by the Duke to give an account that he was ready to Sail and would land by that time he could get thither The Attorney General demanded of the Lord Grey upon whose assistance the Duke of Monmouth relied He answered I suppose few will believe we were so weary of our Lives 〈◊〉 to come and throw them away with threescore or a few more Men except we had expectation of good Asâ—istance The Duke did very much depend upon Cheshire and upon my Lord Macclesfield my Lord Brandon and my Lord Delamere Mr Nathaniel Wade being sworn â—estified that after the death of King Charles Captain Mathews came to Amâ—terdam and brought word that the Duke of Monmouth would shortly come â—hither to consult with my Lord Argyle and thereupon Mr Wade was sent into Freezland to desire the Earl of Argyle to â—ome to Amsterdam which he did That the Duke and his Lordship haâ—ing concerted matters the Duke sent Captain Mathews to England who amongst other things was to go to the Duke's Friends in Cheshire amongst whom my Lord Delamere was named â—nd the business was to desire them to â—ssist him when he should land That a little after Captain Mathews went Crag came over from Major Wildman to desire them to endeavour a good understanding between the Duke and Argyle who were then at some difference That a little after he was sent back to Major Wildman to desire him to assist them with some Money and he went and returned but brought no Money that thereupon Crag was sent again by the Duke because he did not send him at first the summ demanded was 6000 l. or 4000 l. and at last he sent for 1000 l. That Crag returned with answer that they could not assist them with Money for that they did not know to what end they should have Money but to buy Arms and for that the People were well provided already Whereupon the Duke sent Crag and pawned all his Jewels and fitted out three Ships laden with Ammunition and resolved to go for England having so promised the Earl of Argyle and desired by Mr Crag that since the Lords and Gentlemen who were to assist him had sent no Money they should repair into their own Countries to be ready when he should come That after the Duke Landed he so ordered his march as most conveniently to meet his Cheshire Friends and in pursuance of it They came to Keinsham-Bridge where a Party of the King's Horse set upon them and the Duke's Party took some Prisoners but went not over the Bridge thinking it advisable not to let the King's Army joyn but to go back and engage those that were come together That before Crag's going last away Jones came over to know why VVe stay'd so long and he was dispatched to acquaint them the Duke was coming and was directed to Major Wildman and amongst the rest to my Lord Delamere my Lord Macclesfield and my Lord Brandon to raise what Forces they could to assist him My Lord Delamere then declared that he had never seen Mr Wade's face Then Richard Goodenough witnessed That Mr Jones was sent to my Lord Delamere to give him notice to be ready against the Duke's Landing and to take care to secure himself that he might not be seized in Town That they were informed in Holland that my Lord Delamere was one of the Lords that had promised to draw his Sword in the Duke's behalf and that the Duke told him that he hoped my Lord Delamere would not break his promise with him The High Steward said My Lord Delamere will you ask him any Questions My Lord Delamere answer'd No my Lord I never saw his face before The High Steward replyed That is pretty strange so famous an Under-Sheriff of London and Middlesex as he was Mr. Jones being next sworn testified That he went to Holland where he had business about the latter end of April last That Mr Disney had darkly communicated to him that there were intentions of doing something and desiring to know more of the Design the night before he went he acquainted Disney with his intended Journey and that he intended to see the Duke of Monmouth and if he had any Message to him he would deliver it safely That Mr Disney told him all the Message he should deliver was To desire the Duke to keep to the last conclusion which he would find in a Letter that had been sent to him by the Crop-hair'd Merchant which Message was That the Duke's Friends would not by any means have him come for England but to continue where he was or if he thought fit to go for Scotland they approved it That when Jones came to the Duke and delivered the Message he was in a great Passion and reflected very much on Major Wildman and said 't was too late to send such a Message now for he was resolved to come for England and would make Wildman Hang with him or Fight for it with him That Wildman did think by tying his own Purse to tye his Hands but he should find it should not be so That the Duke told him Money was very short and he had pawned all he had to raise what Money was raised That he would be glad Jones should return to England as soon as he could and that he should tell Wildman 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 That going again to the Duke the same evening he told him he
that the Act passing to disable Roman Catholicks he and others of them were forced to quit their Commands that the common opinion amongst them was for the setling the Roman Catholick Religion in Engd. but that the measures being broken by means of the Peace with Holland and the Duke of York's and other Catholick Officers quitting all Commands and the King failing in his expectations from them the Roman Catholicks came to a Resolutitn to Destroy the King as Father Parry Confessor to the Portuguieze Ambassodor told the Examinant in 1673 who put this Confidence in him being his Confessor and that the same Father repeated the same discourse to him with more assurance in 1678. adding then that the Business then was now near and he should soon see it done That about April 1679. the Duke of Modena's Envoy having sworn him to Secrecy told him That if he would undertake the Killing the King he should have 10000 l. which he refusing the Envoy said The Dutchess of Mazarine understands Poysoning as well as her Sister and a little Viol when the King comes there will do it and that upon the King's Death the Army in Flanders and Parts adjacent to France was to come into England to destroy the Protestant Party and that after that there should be no Parliaments and that the Duke of York was privy to all these designs That about April 1680. Kelly the Priest whom he had known above 12. Years and had some times Confessed him owned to him at Calis that he was concerned in the Murder of Sr Edmund-Bury Godfrey and that the same was done as Prance had related it That the Examinant had been six or seven Years acquainted Monsieur de Puy Servant to the Duke of York and that he told him soon after the Murder of Sr Edmund-Bury Godfrey That that Murder was consulted at Windsor and about that time said that the Duke was very desirous to come to the Crown the King being incertain and not keeping touch with them and that De Puy said there was a necessity of taking off the King and that it would be soon done That the Duke of York possessing part of the Examinant's Fathers Estate in Ireland the Examinant being acquainted with Father Bedingfeild asked him how he could give Absolution to the Duke till he had made Restitution to which the Father said that every Penitent was supposed to know his own Sins and to declare them to his Confessor to which the Examinant replying with warmth But since you know it you ought to take notice thereof the Father answered be not angry for e're it be long you may be in a better condition That in March 1680. he met Father Patrick at Paris and talking of a Rupture that might be between England and France the Father said that the French intended in such Case to send Marshall Bellfonds into Ireland with 10000 Foot and 2000 Horse and Arms and Ammunition for 30000 Men to be raised there and the Father promised the Examinant a Regiment of the Men to be so Raised and the design was to restore that Kingdom to its former Owners in Subjection to France That Father Patrick desired him to send him all the Libels that came out in London and said that Libelling the King was a thing necessary in order to distaste and make him jealous of his People that the Examinant knew Mr Everard at Paris in 1665 and hath since encreased his acquaintance with him and that the Opinion of Father Patrick about Libelling the King incouraged the Examinant to concur with Everard as to the Libel lately Written by Everard It was most evident from the demeanour of Fitz-Harris from the first to the last after his apprehension that he was ready to say deny affirm or do any thing to save his Life Mrs Fitz-Harris his Widow upon the 15th of August 1681. deposed that her Husband a little before his Execution told her what great offers were made him at first to have charged the Libel upon the Earl of Shaftesbury and my Lord Howard and that he advised her to do it as the only means to save his Life tho' he protested at the same time they were wholly innocent and that she was assured that she should have what Money she pleased if she would accuse those Lords of the Libel Nay Fitz-H himself the very Night before his Execution wrote a Paper which he ordered to be delivered to his Wife in order to prevent the spilling innocent Blood informing her by whom he was advised to accuse those Lords and others of the Libels and of having put him upon the discovery of the Popish Plot and that he had the promise of a Pardon to prevail upon him to do it but finding that he was deluded he declared as before God that they were innocent and that what he had deposed against the Papists was true and that he had been only too sparing in accusing great People among them It is observable that for about fourteen dayes between the time of the Condemnation and Execution of Fitz-Harris the poor wretch was wholly under the management of Dr Hawkins of the Tower in which time the Doctor having held several Consults with some at Windsor there was modelled a Paper stuff'd with abominable Malice and Falshood to serve the wicked Designs of that day which the Doctor after his Death emitted to the World under the Title of the Confession of Fitz-Harris and therein he is made to declare abundance of extravagant Falshoods in particular That the Treason of the Libel came from the Lord Howard But his Conscience could not but witness that he had at several times complained to Sheriff Bethel and Sheriff Cornish that he had been pressed to accuse the Lord Howard and also the Earl of Shaftesbury of the Libel Then the Sham Confession proceeds to a Protestant Plot viz. that the Lord Howard told him of a design to seize upon the King to carry him into the City and there detain him till he had yielded to their desires and that himself and Haynes were privy to the design and had several Meetings with the Lord Howard A strange Tale of a Protestant Plot between two Irish Papists and a Protestant English Lord. In the next place this Mock-Confession is to perswade the World that the Protestant Magistrates of London did endeavour to suborn him to make a Confession that might confirm a Popish Plot. It declares That in Newgate the Sheriffs Bethel and Connish came to him with a Token from the Lord Howard and told him nothing would save his Life but discovering the Popish Plot and greatly encouraged him to declare that he believed so much of the Plot as amounted to the introducing the Roman Catholicks or to criminate the Queen his Royal Highness or to make so much as a plansible Story to confirm the Plot. Besides That as it hath been heretofore observed and is most undoubtedly true that Neither of the Sheriffs ever spake privately with Fitz-H until