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
Trayterous discourses and boastings of the Factious and Malecontent Party which I encounter I mean not Papists for I know not one Person avowedly so about London as tho' the whole Nation were ready as the Men I talk of vainly flatter themselves by a unanimous and universal consent to degenerate and apostatize to Popery and Slavery But Methinks they should be too early and too quick in their expectation that the English Nation should no sooner see the Yoke of the Oppressors in a most wonderful manner broken by the immediate hand of Heaven but it should tamely submit unto nay Court with them the intolerable Yoke of France and that at a Juncture when it is thrown off by a Bigotted Popish Prince who has been for a long time an unhappy Instrument in the hands of the Bloody Tyrant of France to the oppressing and destroying the most antient pure and best Christians upon the Face of the Earth the Vaudois That we have such a Race of Animals walking and that with no more than two Legs apiece amongst us is too well known to be denyed or dissembled and one would think that their Practices which are so grosly evil and eminently dangerous should not be countenanced or defended but which is to be lamented they have their powerful Abettors and Patrons and therefore 't is to be wisht that their Edge may be blunted and their effronted Impudence duely censured Sir As to these Collections if that may be any invitation to your throwing away a very few hours upon their perusal I do assure you that I have made them with all due regard to Truth and am not conscious of one Mistake or untruth in the whole Work my Care in that point has put me to much trouble and some charge for where I doubted I have travelled to receive true and certain Information of matters of Fact and such Materials as I wanted which were upon Record I fetcht from thence and therefore the certainty of matters here told must atone for the want of Method and delighting Language I had the Promise and so I thought assurance of some things at least as valuable as the best things in this Tract can be esteemed to be but some Men are too zealously intent and busie in their private Affairs to be publick-spirited though I remember the time when they were eminently so therefore to touch that Point no further at present I shall only say I have done Vt potui and wish that some other Person who could have done this to more advantage had undertaken the Task I am what I alwayes was and ever will be SIR Your Honourer and most humbly-devoted Servant July 10th 1690. To the Publick-Spirited READER 'T Is not my design in this Address to commend this Pamphlet or to invite Thee to throw away thy time or money upon it for I must tell thee truly that tho' the Matters here treated of are worthy of any Man 's considering and are not to be forgotten yet the Disadvantages and Discouragements which I have been under in compiling the History thereof have been such that when thou goest to read them thou will I doubt meet with disappointment and fall short of the satisfaction thou mayst promise thy self for it will appear short immethodical and very confused but I did my best here is a geat deal of matter brought into a narrow compass and the thing had heen something valuable if some Persons had furnished the Materials which they promised and others had in time found leisure to lend what I at last obtained but they came late to my hand so that I could not methodize what thou here findest better or otherwise than thou seest If thou dislikest the Book upon these or any other Reasons thou mayst let alone and then there 's no Harm done And And after this fair Caution thou wilt buy and read it and the nature of the thing should render it any way grateful and thou canst find in thy heart to employ a little time in a Work of this kind in wich I have quite tired my self I do here present thee with Heads sufficient to fill a Folio viz. The Tryal and Case of him who is the best Pattern for Magistrates in England That of the Right Honourable Sr Thomas Pilkington most happily at this time Lord Mayor of London with the Duke of York wherein a Hertfordshire-Jury gave the Duke 100000 l. Damages His Lordship's Tryal with Bolsworth wherein a Surry-Jury gave the Perfumer 800 l. Damages The Tryal of Sr Patience Ward upon a Pretence of Perjury but in truth for putting the Inscription upon the Monument notifying to the Ages to come that the Papists burnt London The Tryals of Sr Trevor Williams Mr Arnold and Mr Colt with the Duke of Beaufort The Tryal of the Grave and most Pious and highly learned Mr Baxter The two Tryals of the Reverend and eminently learned Divine and incomparable good English-man Mr Johnson the Confessor for the English Liberties The Proceedings between the Duke of York and Mr Covert of Chichester wherein 100000 l. Damages were given to the Duke The Prosecution of Mr Aaron Smith for his honest and undaunted Assistance of Stephen Colledge at Oxford And for his not Witnessing against Colonel Sidney according to the Advice of Sr A. P. The Tryal of Mr Gutch of Bath with a Bishop The Prosecutions and Tryals of Mr Roswel the Minister Mr Whitaker Mr Wilmer Mr Culliford Mr Best Mr Samuel Harris Mr Joseph Brown cum multis alijs My good Friend I have here cut thee out Work and therefore not to detain thee from it I bid thee heartily Farewell The CONTENTS REmarks upon the Tryal of Mr Braddon and Mr Speke in relation to the Murther of the Earl of Essex pag. 1. An Abstract of Proofs made before the House of Lords in relation to the Earl of Exssex's Murder pag. 31. Remarks upon the proceedings in the King's Bench in the Case of Fitz-Harris pag. 52. Heads of the Speeches and Resolves in the Oxford Parliament about Fitz-Harris p. 57. The Protest of the Lords upon the Refusal of the Impeachment against Fitz-Harris p. 64. The Indictment and Plea of Fitz-Harris in the Court of King's Bench p. 67. Tue Arguments upon the Plea p. 75. The Tryal of Fitz-Harris at the King's Bench Bar p. 122. The Libel given in Evidence against Fitz-Harris as it was read to the Jury p. 127. The Examination of Fitz-Harris by Sr Robert Clayton and Sr George Treby p. 149. Remarks thereupon and upon Dr Hawkins his Sham Confession published in the Name of Fitz. Harris p. 153. Remarks upon Mrs Gannt's Tryal p. 159. Mrs Gaunt's Speech p. 166. Remarks upon the Tryal of Mr Joseph Hayes p. 172. A touch of Mr Roswell's Tryal p. 199. Remarks upon Mr Charles Bateman's Tryal p. 201. Remarks upon my Lord Delamere's Tryal p. 217. The Fanatical Presentment of the Cheshire Grand Jury in 1683 against my Lord of Macclesfield my Lord Delamere and twenty
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
sufficiently instruct such who have not seen more secret Memoires But let us come to Examine their Actions which are a better proof of their hearts were not the Duke's Servants and Confidents all Papists Witness his Talbots Patricks and other Irish Teags were not the Duke and such of his Creatures as were known Papists promoted to all publick Offices of trust both at Sea and Land Witness Bellasis now a Traytor in the Tower did not James by Coleman Throgmorton and others hold open Correspondency with the Pope and Cardinals and could Charles be Ignorant of all this Nay he lik'd all so well that he hardly employed any about him but Papists as Clifford whom he made Treasurer or employed any abroad but Persons of the same stamp Witness Godolphin whom he sent Embassador into Spain as he did others elsewhere what more obvious than that though the Duke's Treachery against the Kingdom and Protestant Religion be fully made out and the People and Parliament seek to bring him to a legal Tryal yet Charles obstructs Justice and will not suffer it How can this be but that he is joyned in Will and Deed in all the Duke's Villanies and that he is afraid to be discovered and found out to be a Papist and a Betrayer of his People and the Protestant Religion If he was heartily concerned for our Religion would he not oppose a Popish Successor who will Infallibly overthrow it Can there be any thing more evident than that he continues the Duke's Adherents and those who were advanced by him in all Offices of Trust And hath he not turn'd out of his Council the most Zealous Protestants such as Shaftesbury Essex and others and introduced in their Rooms other meer Tools or those that are Popishly and Arbitrarily affected Hath he not modell'd all the Sheriffs and Justices throughout England in subserviency to a Popish Design Was not Sir William Waller and Dr. Chamberlain and divers others turn'd out of the Commission in and about London meerly for being Zealous Prosecutors of Priests and Papists Doth not Charles all he can to hinder the further detection of the Popish Plot And doth he not to his utmost discountenance the Discoverers of it and suffer them to want Bread And doth he not in the mean time plentifully encourage and reward Fitz-Gerald and all the Sham-Plotters Whereas Dangerfield had 8 l. a week whilst a Forger of Plots against the Protestants he is cast off with scorn and in danger of his Life since he laid open the Popish Engineer Is not Charles so much in love with his Popish Irish Rebels therein treading in his Fathers steps that he promotes Montgarret Carlingford Fitz-Ratrick and others who were the Heads of the Rebellion to Honours and Preferment tho' Charles took the Covenant and a Coronation Oath to preserve the Protestaut Religion yet hath he not palpably broken them He made large promises and protestations at Breda for the allowing a perpetual Liberty of Conscience to Non-conforming Protestants but he soon forgot them all To what end was the Act which was made soon after his Restoration prohibiting any to call him Papist or to say he was Popishly enclined and render such as should offend Guilty of a Premunire but to stop the Peoples Mouthes when ever he should Act any thing in Favour of Popery as he was then resolved to do Is it not manifest therefore that Scotch Oaths Breda Promises Protestant Profession Liberty of Conscience War with France saving of Flanders is all in Jest to delude Protestant Subjects Is it not apparent that breaking of Leagues Dutch War Smirna Fleet French measures to favour their Conquests loss of Ships War in Christendom Blood of Protestants reprieving of Popish Traytors is all in earnest and done in favour of Popery And are not his fair Speeches his true Protestant Love to Parliaments just Rights and English Liberties his pretended Ignorance of the Plot and his Hanging of Traytors to serve a turn but in meer jest Are not his great Debaucheries his Whoring Courtiers Popish Councils Cheating Rogues Hellish Plottings his saving of Traytors his French Pensioners his Nests of Whores and Swarms of Bastards his Macks his Cut throats his Horrid Murderers his Burning of London and the Provost's House too his Sham-Plotting his suborn'd Villains his Popish Officers by Sea and Land his Struglings for a Popish Successor his agreements with France his frequent Dissolutions of Parliaments his buying of Voices his false returns all of them designs to ruine us in good earnest and in favour of Arbitrary Government And is it not in order to this Blessed end that you see none Countenanced by Charles and James but Church Papists betraying Bishops Tantivy Abhorrers barking Tonzers Popish Scriblers to deceive the People and six the Popish Successors Illegal Title Are not Jesuits Counsels French Assistance to conquer Ireland subdue Scotland winn Flanders beat the Dutch get their Shipping be Masters of the Seas And are not facing a Rebellion the letting the Plot go on the endeavouring to retrieve the Popish Cause by getting a Popish pentionary abhorring Partiaments who shall betray their Country enslave posterity and destroy themselves at last means only to save a Popish Trayterous Successor and a present Popish Possessor James and Charles are Brethren in Iniquity corrupt both in Root and Branch and who study to enslaver England to a French and Romish Yoke is not all this plain Have you not Eyes Sense or Feeling Where is the Old English Noble Spirit Are you become French Asses to suffer any load to be laid upon you And therefore if you can get no remedy from this next Parliament as certainly you will not and if Charles doth not repent and comply with it then up all as one Man O brave English Men look to your own defence e're it be too late rouze up your Spirits remember your Predocessors remember how that the asserting of their liberties justified both by success and Law the War of the Barons against wicked Councellours who misled the Kingâ— And will you now let that go which cost them so dear How many oppressing Kings have been deposed in this Nation as appears in Records referr'd unto in that worthy Patriots History of the Succession were not Rich. 2 d. And Hen. 6. both laid aside not to mention others was there ever such a King as this of ours was not King John deposed for going about to imbrace the Mahometan Religion and for entring into a League with the King of Morocco to that purpose Though Mahometanism and the King of Morocco were no such Enemies to our Rights and Liberties as Popery and the French King are Is it not time then that all should be ready Let the City of London stand by the Parliament for the maintaining of their Liberties and Religion in an extream way if Parliamentary ways be not consented unto by the King let the Counties by ready to enter into an Association as the County of York did in
found the 12th of July and Mr Glover proved a Copy of the King's Proclamation against Sr Thomas dated the 28th of June 1683. Then Ezekiel Everis was sworn and testified that in August 1683 he was at Cleve in Germany with the Lord Grey who went by the name of Thomas Holt and Sr Tho. A. came thither by the Name of Mr Henry Laurence and shew'd him a Bill of Exchange from England upon Mr Israel Hayes in Amsterdam for 160 l. odd Money and that it was for 150 Guineas paid in England and he told him it was drawn by Joseph Hayes and it was signed Joseph Hayes and the Bill was accepted and he saw Israel Hayes his Letter to Sr Thomas by the Name of Laurence which mentioned the sending the said sum to Cleve The Common Serjeant Crispe then delivered a parcel of Letters into the Court and swore that he received them of the Lord Godolphin and they had been ever since in his hands The Lord Godolphin then testified that he received three Letters produced in Court from Mr Constable Mr Chudley's Secretary who told him they were taken about Sr Thomas that one of them without any Name mentioned 150 Guineas returned to Henry Laurence Constable testified that he was present when the Scout of Leyden apprehended Sr Tho. A. and that the Letters were taken out of his Pocket and he himself delivered them to Mr Chudley who sealed them up and sent them by him to the Lord Godolphin Charles Davis testified that taking Boat from Amsterdam to Rotterdam he met Israel Hayes and Sr Tho. A. coming to take Boat and Sr Thomas went with him in the Boat and he told him his Name was Henry Laurence Davis added that he lodged a Month in one Briscowe's House at Amsherdam where there was a Club every Thursday There were Mr Israel Hayes Mr Henry Ireton one Wilmore Emerton Dare and some other English Merchants and he heard them several times abuse the King at the Table The Attorney General then shewed Mr Hayes a Letter saying It may be he will save us the labour of proving it but Mr Hayes disowning it Mr Walpoole was called and Mr Hayes said he was my Servant and went away after a rate that possibly would not be allowed Walpoole testified that he served Mr Hayes almost four Years and three quarters and did believe the Letter to be Mr Hayes his hand Mr Hayes said My Lord in matters of Treason I hope you will not admit of comparison of hands and belief for Evidence The Chief Justice answered Yes no doubt of it Mr Hayes replyed It has not been so in other Cases that have not been Capital as particularly in the Lady Carr's Case The Chief Justice said that is a mistake you take it from Algernon Sidney but without all doubt it is good Evidence Judge Wythens said Comparison of Hands was allowed for good Evidence in Colman's Case Mr Hayes answered That with submission vastly differs Those Letters were found in his own Custody This was not found in my possession but in another Man's and in another Nation Sr John Trevor Counsel for the King said This Gentleman was a Trader with the East-India-Company and made Contracts with them which are entred in their Books We will compare them with the Writing in this Letter The Common Serjeant then called Harman and Brittle and demanded of them where the Books were and they produced them Harman testified that he knew Mr Hayes and that he made several Contracts in 1683 and that he saw him in September 1683 subscribe his Hand to a Book of the Companies shewn to him Brittle testified that he is Porter in the Street to the East-India-Company and that he saw Mr Hayes write his Hand to a Book shown to him Capt. Piercehouse produced a Note Query if not the same Peircehouse in the Pannel of the Jury which he said was Mr H. his and that he supposed it to be his hand and compared it with the hand in the Book and said that he delivered the Goods upon it and Walpoole then said he believed it to be Mr Hayes his hand Then Mr Sturdivant was called and they shew'd him the Letter and he said Here is Joseph Hayes writ but I do not know it to be his Hand The Common Serjeant warmly said that Mr Sturdivant swore he did know Mr H. his hand before the Grand Jury but Mr Sturdivant affirmed the Common Serjeant was under a mistake Then Sr John Trevor called for Mr Hardresse but the * The Common Serjeant as hath been elsewhere observed upon the discovery of Keeling's Plot in 1683 boasted what work that Plot would make when it came into the City We now have him pulling it into the City by Head and Shoulders and find him in this Case appearing and exerting himself in a three or four sold capacity viz. the Manager if not Contriver of this prosecution and a Counsel Solicitor and Witness against the worthy Citizen now designed to destruction Common Sejeant answered That he was out of Town before he could be served with a Subpena Then the Letter was read it was subscribed Joseph Hayes and dated the 31st of August 1683. directed to Mr Henry Laurence senior at Amsterdam and began thus Sir at your desire I have sent you a Bill c. The Letter and the East-India-Books were then shewn to the Jury and to the Prisoner Mr Hayes denyed the Letter to be his Writing and said 'T is very strange I should not know my own hand May not Counsel be admitted to plead Whether comparison of hands and belief are any evidence in Criminal Causer I have been informed it hath been denyed to be evidence The Ch. Justice told him he was under a mistake some body has put it into your Head and pussed you up with a vain Story there is no such thing 'T is a Fiction a meer Whim only said by Mr Sidney and no ground in the World for it Mr Hayes replyed Was it not so in the Case of my Lady Carr there is a Record of that I suppose The Chief Justice affirmed it was not so and said Don't talk of it * It was in Trinity Term 1669. Anno 21 Car. 2. there was no such thing at all Comparison of hands was allowed for good proof in Sidney's Case We must not alter the Law for any Body Mr attorney General said Besides this comparison of hands We shall give an account of the Correspondence of the Prisoner's Brother and that he received the Money of him and then said Mr Common Serjeant Where had you this Papery The Common Serjeant to show his care and zeal in this matter said Pray have a care of the Papers and then gave evidence that he had them from my Zord Godolphin and said This is an Account of the Receipt and Disbursement of the Money Shew it Mr Constable Constable said This is one of the Papers was taken out of Sr T. A's Pocket It being shewn
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
would have him stay till Tuesday morning That then the Duke being gone out of Town the Lord Grey told Jones from the Duke That he intended to be in England within nine days and bid him remember to tell Brand that when he heard the Duke was Landed he should acquaint Sr Robert Peyton with it but not till he was Landded That Jones missing passage to England from Roterdam he returned to Amsterdam and went to the Duke and told him the reason why he was not gone and the Duke said he was glad he was not gone for he had a further Message and would have him stay two or three days That upon the 21st of May the Duke ordered him to come to him in the Evening and when he came the Duke took a Paper that lay upon the Table and sensed it and told him that when he came to London he must see for Captain Mathews and desire him to acquaint my Lord Macclesfield my Lord Brandon and my Lord Delamere that he was resolved to set out the next Saturday morning That the Duke then said that Mathews was to send one Post to that place that was named in the Note to receive Intelligence of his Landing and that News he designed should be brought to his Friends here 24 hours before the Court had notice of it and those Lords were to be in readiness and as soon as they knew he was Landed they were to repair to their Posts to assist him That Jones askt the Duke what he was to do with the Paper who said I do by you as Princes do by their Admirals they have their Commissions sealed up and not to open them till at Sea so I deliver your Instructions sealed up which you are not to open till you are at Sea and when you have opened and read what is contained in them I would have you tear the Paper and throw it into the Sea least you be surprized and fearched at your Landing And that the Duke ordered him that if he missed of Captain Mathews he should deliver the Message to Major Wildman That the Instructions in the Paper were to this effect viz. Taunton 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 Mr Savage's the Red Lyon The Post is to return to Captain Mathews or as he shall appoint Jones added that he came home the 27th of May the Wednesday forthnight before the Duke Landed and Disney came immediately to him and told him that Captain Mathews and Major Wildman were both out of Town whereupon he delivered the Message to Disney and left it to him to convey it to the Lords concerned That Disney met him the same night in Smithfield with Mr Crag Mr Lisle and Mr Brand and Disney took Jones and Brand aside and askt Jones what was the place to which the Post was to go That Jones met the Duke at Lyme and told him what he had done with the Message who said he was satisfied he had done what he could but seemed troubled that Mathews was out of Town It being demanded of my Lord Delamere whether he would ask Jones any Questions his Lordship answered No I never saw his face before Mr Story the Duke of Monmouth's Commissary General testified that Mr Brand who lived about Bishopsgate and was killed at Keinsham Bridge told him upon the 28th of May last that Mr Jones was returned from Holland and brought a Message from the Duke and that he the said Brand was to go to Taunton to expect from Mr Dare or Mr Williams the account of the Duke's Landing That Brand told him that Jones his Message was delivered to Disney who went and had some discourse with my Lord Delamere and that that night his Lordship went out of Town and two Friends of Mr Brand's went with him and conveyed him by a By-way through Enfield-Chase towards Hatfield That Story went out of Town the 28th of may and overtook Brand that night That he heard the Duke of Monmouth say at Shepton-mallet that his great dependance was upon my Lord Delamere his Friends in Cheshire but he was afraid they had failed him and he said he could have been supplied otherwise but that he had a dependance upon them My Lord Delamere then demanded of Story whether he knew one Thomas Saxon. Mr Story answered yes my Lord I was a Prisoner with him in Dorchester Prison The Attorney General then called Vaux and said My Lord this is an unwilling Witness and we are forced to pump all out of him by Questions And then demanded of him what day it was my Lord Delamere sent for him Vaux answered It was the 26th of May his Lordship sent for me to the Rummer Tavern in Queen-street and the next day I went out of Town with him about nine or ten in the Evening My Lord went by the name of Brown We got to Hoddesden about twelve at night Mr Attorney demanded whether they went next whether my Lord Delamere was going and whether that was the direct Road to Cheshire Mr Vaux answered We then went to Hitchin and I returned home the next day My Lord was going to see his Son who was sick in the Country and we made that the way it being the freest Road from Dust Mr Edlin then testified the same in substance with Mr Vaux that upon the 27th of May he went with my Lord Delamere to Hoddesden c. Mr Attorney then said my Lord to confirm and explain this Evidence I shall prove that this Gentleman went by the name of Brown in the Cant of those that were engaged in this Business that the name was known as his name by all the Party and called so constantly in their Letters and Messages Tracey Paunchforth being called witnessed That he was at Disney's house the 14th of June with Joshua Lock one Hooper and one Horsley and Lock stayed for some of the Duke of Monmouth's Declarations which were finished about nine of the Clock and three were delivered to him and there was a discourse of having them sent into Cheshire to one Mr Brown whom he understood to be my Lord Delamere and Mr Disney used to mention him by the name of Brown That Paunchforth was at the Castle Tavern with Mr Vermuyden his Brother Babington and Mr Manning but there was no mention as he remembers of my Lord or Mr Brown but only something in relation to the Duke's Landing Mr Vermuyden who also went by the name of Brown said he did not know where he was to Land Babington the Betrayer of that worthy Gentlemen Mr Disney then swore That when he first knew of any of the Transactions he was with Mr Vermuyden his Brother Paunehforth and Mr Chadwich where there was discourse of Mr Brown and that his Uncle Vermuyden afterwards told him it was my Lord Delamere and ordered
manner gives more credit to the Relation than as a bare hear-say could have of it self For unless there be a good account given of my Lord 's thus going out of Town it is a kind of necessary presumption that he acquainted him with the Message and if so it can have no other Construction than to be in pursuance of the directions brought him from the Duke of Monmouth Another thing my Lords that renders this matter suspitious is the Name which my Lord assumed a Name by which the Party used to call my Lord which is proved by Babington and Paunchforth Paunchforth tells you that one Lock came for some of the Duke of Monmouth's Declarations for Mr Brown to be sent into Cheshire So that tho' some body else was called by the Name of Browne yet you have had no account given you that there was any other Brown in Cheshire It is very suspitious that if my Lord went into Cheshire under the name of Brown and some came on Brown's behalf for Declarations to be sent into Cheshire and my Lord commonly with that Party went by that Name That will be a great Evidence of his Correspondence with Monmouth I confess my Lords all this while our proof is circumstantial and indeed there is no positive proof but that of Saxon's and here I must confess there are Objections made which I cannot readily answer There is no good account given what reason there was for so many Post-Journeys backward and forward These are matters of suspition But I confess matters of suspition only unless clear positive probable proof be joyned with them will not weigh with your Lordships to convict a Man of High Treason but whether these matters of suspition be such violent and necessary presumptions as tend to fortifie the positive Testimony I must leave that to the consideration of your Lordships The High Steward then concluded saying my Lords There is something I cannot omit taking notice of that one mistake in point of Law might not go unrectified viz. That there is a necessity in point of Law that there should be two positive Witnesses to convict a Man of Treason Without all doubt what was urged by hat learned Gentleman who concluded for the King is true There may be such other substantial Circumstances joyned to one positive Testimony that by the Opinion of all the Judges has been several times adjudged to be a sufficient Proof As in this Case If your Lordships should believe Saxon swears true and shall believe there was that Circumstance of Jone's coming over from Holland with such a Message the 27th of May which is directly sworn in Evidence and what the other Witnesses have sworn likewise that my Lord Delamere went out of Town that Night changed his Name and went an indirect By-Road certainly these Circumstances if your Lordships be satisfied he went for that purpose do necessarily knit the positive Testimony of Saxon and amount to a second Witness Your Lordships are Judges 'T was well for my Lord D. amultitude more that they were so for had his Lordship fallen weshould not have known where they would have stop'd and the High Steward could have made this Evidence to have passed to the cutting off hundreds of Men in the West And if you do not believe the Testimony of Saxon which has been so positively contradicted by divers Witnesses of Quallity The Prisoner ought to be acquitted of this Indictment The Peers having thereupon withdrawn for about half an hour returned and took their Seats and unanimously declared upon their Honours that the Lord Delamere was not Guilty and so his Lordship was most happily delivered and with him the Right Honourable my Lord of Stanford my Lord Brandon Sr Robert Cotton Mr Offley and many other valuable Persons and good Patriots who were lockt up in the Tower and other Prisons in order to their Tryals and Tryal and death in that day were rarely found to be far asunder Thus Saxon one of the vilest Miscreants of human Race had a fair blow at one of the most valuable and deserving Persons of this Generation the Right honourable Henry Lord Delamere Grand-Son of the most worthy and never to be forgotten Patriot Sr G. Booth and Son Heir as well of the Vertues as of the Estate of the incomparably good and great Man Sr George Booth Lord Delamere But when the Villain came to bedetected of Perjury And his Suborners found that the sham would not pass they were ready to wish themselves half hanged that ever they pretended to believe him at all The repeated Imprisonment Vexation and eminent danger of this excellent Person my Lord Delamere and many other honourable highly deserving Patriots of the Vale Royal of England having been promoted and abetted by a Fanatical Presentment or Address of a Grand Jury of Cheshire which bears the Stile of Sr Roger L' Estrange I shall here subjoyn it viz. WE the Grand Jury sworn to enquire for the Body of the County of Chester at the Assizes held in the Common-Hall of Pleas in the Castle of Chester upon Munday the 17th day of September in the 35th year of his now Majesty's Reign and in the Year of our Lord 1683 having heard his Majâ—y's Declaration to all his Loving Subjects touching the treasonous Conspiracy against his sacred Person and Government lately discovered openly read to us in Sessions by order of the Court as well as in our respective Parish Churches by Royal Command and seriously considering the extensiveness of the said Conspiracy and dreadful Consequences thereof had it taken offect since notions of Sedition and Rebellion have been cultivated to such an amazing height that some have not only dared to draw them into practice in their Lives but to propogate them with their latest Breath by Devillish Insinuations of their consistency with Religion and Law We conceive it high time to manifest our Separation from such Persons and Principles their Favourers and Abettors with detestation of that dreadful Climax the Bill of Exclusion Treasonous Association Ignoramus Juries and seducing Perambulations by which the Accomplices advanced towards their intended Assassination Massacre which barbarous design it cannot be imagined that Forty or the Council of any Six durst undertake without confident reliance on Confederate Auxiliaries and not knowing the Latitude of such dire Combinations but heedful of our present charge and duty with the indispensable Obligation the Oaths of Allegiance and Supremacy lay upon all We hold our selves boundin this distempered juncture of Affairs to present that We have strong apprehensions of danger from a dissatisfied party in this Country who not only shewed their defection openly by an Address made to Henry Booth Esq and Sr Robert Cotton Knight and Barronet at the last Election of Knights of the Shire tending to alter the Succession of the Crown with other dangerous and seditious purports giving assurance of standing by them in that design without respecting their Oath of