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A53494 The second part of the Display of tyranny; or Remarks upon the illegal and arbitrary proceedings in the Courts of Westminster, and Guild-Hall London From the year, 1678. to the abdication of the late King James, in the year 1688. In which time, the rule was, quod principi placuis, lex esto. Oates, Titus, 1649-1705. 1690 (1690) Wing O52; ESTC R219347 140,173 361

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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 As●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 ●estified that after the death of King Charles Captain Mathews came to Am●terdam and brought word that the Duke of Monmouth would shortly come ●hither to consult with my Lord Argyle and thereupon Mr Wade was sent into Freezland to desire the Earl of Argyle to ●ome to Amsterdam which he did That the Duke and his Lordship ha●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 ●nd the business was to desire them to ●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
the Tower to place Men in in order to surprize it Mr Bateman objected to this evidence that if he had been guilty of such discourse he had been fit for Bedlam and if Lee had heard him speak such words he wondered he had not sooner accused him Richard Goodenough then witnessed that in discourse with Mr B. at the King's Head-Tavern in Swithens Alley about the intended Insurrection M. B. promised to use his interest in raising Men and to be assisting in surprizing the City Savoy c. and in driving the Guards out of Town Mr Bateman having subpenaed Sr William Turner to give an Account of an Information given in upon Oath before him by one Barker above two Years before that Lee would have suborned him against the Prisoner Sr William would testifie nothing thereof but said that it being above two Years since he could not charge his memory with any of the particulars contained therein Mr Tomkins Sr William Turner's Clerk being askt about Baker's Information said there was such an Examination taken Anno 1683 but to the best of his remembrance it was returned before the King and Council and he could not give any account of the particulars Baker being called declared That being in Lee's company in the year 1683 Lee would have perswaded him to insinuate himself into Mr Bateman's company and he demanding of Lee to what end he should do it and about what he should discourse Lee told him he might talk about State matters Lee by these horrid practices made himself a great Man being put into the place of a Messenger which he enjoyed till of late tho some time before he became a Witness he borrowed Money to buy Bread for his Family and by that means he would find a way to make him a great Man and Baker testifi'd he was examin'd about this before Sr William T. The Court upon this Evidence declared that what Baker said A wicked but customary practice of that day to abet and justifie Suborners and Trapans was nothing to the purpose but that Lee had a design therein to make a discovery of the Conspiracy if he could have procured a Witness to corroborate his Evidence The Jury being sent out without Hesitation brought Mr Bateman in guilty of the Treason tho' 't is certain King Charles laught at Lee's evidence It being demanded of Mr B. what he had to say why Judgment should not be pronounced He desired to know whether Mr Goodenough was fully pardoned and he was answered that as for the Outlawry he was pardoned and for any thing else he was not prosecuted and then he was condemned and was executed upon the 18th of December 1685. That the matter relating to Sr William Turner may appear in it its true Light I shall subjoyn the following accompt thereof Mr Bateman's Son having as he thought very providentially heard that Baker had about two Years before given an Information upon Oath to Sr William Turner of the Villain Lee's tampering with him to ensnare and accuse Mr Bateman The Son was advised by Counsel to apply himself to Sr William and in several attendances upon him when he was engaged in other matters and his Books of Entries lay upon his Table he turning over the Leaves found the Entry of Baker's Information about Lee's attempting to suborn him against Mr Bateman The Son thereupon in the first place applied to Tomkins Sr William's Clerk to get a Copy of that Information and did once think him inclined to let him have it but at last he told him he must ask Sr William Thereupon he applied himself to Sr William for it who demanded of him Whether it were against the King and young Mr Bateman answered him No it may save the Life of one of his Subjects whereupon Sr William said You shall not have it The only Refuge then was to subpena Sr William Turner and his Clerk which was done and Sr William being examined saying he could not charge his Memory with any of the particulars in the Information of Baker young Mr Bateman said Let the Book be sent for it is in such a Book and such a Page Whereupon Herbert the Chief Justice in a passion commanded young Mr Bateman to be removed out of the Court as he was If the truth of what is here related in reference to Sr William Turner be any way doubted it will evidently and beyond controul appear by the Proceedings before the House of Lords where it hath been very lately made out by Mr Bateman's Son and also by another Witness who was privy to the whole transaction thereof with Sr William Turner Mr Bateman being thus condemned to Death by the foregoing wicked Practices expressed himself thus to his Son Richard Your Father needs not to dye if he will accuse others but he dyes because he will not be a Rogue And 't was most undoubtedly true as 't is that a greater Rogue lives not than this Lee Mr Bateman's first Accuser who having miscarried in his cursed Attempt to suborn Baker is now seconded by Goodenough who was brought with a Halter in effect about his Neck to swear this good Man out of his Life In relation to the Witnesses and their Evidence some things deserve to be further remarked The late King James had no sooner possessed himself of the Throne but by his order and special recommendation a most malitious Tract was emitted to the World under the Title of Atrue Account and Declaration of the horrid Conspiracy against the late King his present Majesty and the Government The temporizing Pen-man who ever he was shewed more Art than Honesty in compiling that History and omitted nothing therein which might serve the turn of Popery but most wickedly magnified the Evidence of the Conspiracy he treated of His loose and virulent Pen runs thus as to Keeling one of the Witnesses in the case before us Josia Keeling a most perverse Fanatick was the Man whom God chose to make the first discoverer It pleased the divine Goodness so to touch his Soul that he could not rest till after much conflict in his mind he had fully determined to discharge his Conscience of the Hellish Secret Now the truth of it is Keeling was found about that time to be under some Conflict but it was with Satan and his Instruments who quickly vanquished and made him a Witness as hath been lately made out beyond contradiction by the Testimony of many unblemished Persons before the House of Lords of which more in it is proper place he had indeed before that time frequented an Assembly of Christians who dissented from the Church of England but being thrown out as a perverse Fanatick he made his way by a Profligate Fellow like himself one Peckham to Sr Leoline Jenkins the Secretary of State who listed him of his Church and the first in his Roll of Witnesses and since he became so 't is notoriously known that he hath given up himself to all manner