testified that he being to carry Mrs. Pressicks before Justice Lowther Bolron's Wife said she was sorry for it for she believed her to be an honest Woman and had been a good Neighbour amongst them Mary Walker Servant-maid to Mrs. Lassels Thwing's Sister testified that Bolron proffer'd her 10 l. to swear Thwing was a Priest Then William Bacchus said that when he served a Warrant on the two Mrs. Bolron's to go before Mr. Lowther they said they could say nothing against Six Tho. Gascoyne nor any of the Family Cuthbert Hamsworth said that fie heard Bolron swear Revenge against the Lady Tempest for prosecuting a Suit against him Then the Prisoner endeavoured to prove he was not at Barnborow-hall in 1677. by George Twisley Groom to Sir Tho. Gascoyne who could only say that he used to come there but a night or two in a Year Joseph Cooper said that about a Year ago he heard Mowbray say he knew nothing of the Plot and that he believed Sir Tho. Gascoyne was guilty of no such thing for if he had he should have known it as soon as Bolron and he was a Rogue and a Knave for saying any such thing Edward Cooper sen said he then heard Mowbray say he thought Sir Thomas Gascoyne was not guilty of the Plot. Isabel Heyward a Girle that lived with Bolron as a Servant testified that her Master and Mistrifs falling out she said she would not go to London and if he made her go she would swear that what he had sworn against Mrs. Pressicks was out of Malice Alice Dawson testified that the day after New-years-day was twelve-month Mrs. Bolron said she was sorry for nothing but that her Husband had meddled with Mrs. Tressicks One or two Witnesses more were called but nothing to the purpose Therefore Mr. Justice Dolben summ'd up the Evidence and Mr. Baron Atkins proceeded to do the same And the Jury withdrawing for a while brought in Thomas Thwing Guilty and Mary Pressicks not Guilty And on the Monday following Mr. Justice Dolben sentenced him to be Drawn Hang'd and Quarter'd The Trials of William Viscount Stafford in Westminster-hall from November the 30th to December the 7th 1680. before the House of Peers ON Tuesday Nov. the 30th the Right Honourable Henege Lord Finch Baton of Daventry Lord High Chancellor of England being constituted Lord High Steward for the present occasion and all things fitted for the purpose in VVestminster-hall and both Houses being seated and the Commons all bare VVilliam Viscount Stafford was brought to the Bar kneeling till the Lord High Steward bid him rise and a Chair set for him After which making a short Speech to him concerning the occasion of his appearing there the Articles of Impeachment High Treason against him and the other Lords in the Tower by the Commons of England were read which consisted of seven Heads The 1st That there hath for many Years a Plot been contrived c. 2ly Naming the Persons concerned therein and particularly the Noble Lord at the Bar. 3ly That consults had been held and the Murder of the King resolved on therein c. 4ly That consultations have been for the raising of Men Mony Arms c. 5ly That Commissions had been given and received and particularly a Commission for the Lord Stafford to be Pay-master of the Army 6ly That to hide and hinder a Discovery an Oath of Secresy and the Sacrament had been given and taken and Sir Edm. Godfrey murdered 7ly That the Guilt of that Murder was endeavoured to be put upon Protestants c. The Lord Stafford's Answer to which was then also read wherein he put himself upon his Peers for Trial affirming himself Not Guilty After this Serjeant Maynard Sir Francis VVinnington and Mr. Treby being of the Committee appointed for the Management of the Evidence opened the Charge and Evidence in very excellent Speeches And proposed to prove first the Plot in general and the Guilt of this Lord therein in particular And therefore as to the first Mr. Smith being sworn gave a full relation of his Travels and Perversion and of what he had heard beyond Sea and in England concerning this Plot. How Abbot Montague and Father Gascoyne in France and other Priests and Jesuits told him that if he would turn Catholick he should have Employment among them there and afterwards England for that they doubted not but the Popish Religion would come in very soon and that because as the Abbot said they doubted not to procure a Toleration of Religion and because the Gentry that went abroad did observe the Novelty of their own Religion and the Antiquity of theirs and the Advantages that were to be had by it But one Father Bennet and others said they doubted it not because their party was very strong in England and in a few Years they would bring it in right or wrong That it was Cardinal Crimaldi who perverted him about 1671 to the Romish Religion at Provence and that afterwards he lived several Years in the English Jesuits Colledg at Rome where he hath often heard it disputed and preached and exhorted that the King of England was an Heretick and that there was no King really reigning and whoever took him out of the way would do a meritorious Action particularly by Father Anderton Mumford Campion but chiefly Southwel one of the chief of the Jesuits That when he came away thence for England these Fathers for a whole Month were exhorting that the King of England was not to be obeyed and that in all private Confessions all Persons who might be thought capable of any design were to be instructed that they should use all their Endeavours for promoting Popery That while he was at Rome he read Coleman's Letters of Intelligence once a Month and therein how the Duke and the Queen and the chief of the Nobility were of their side how they carried matters several times the ways the Lord Clifford and Sir VVilliam Godolphin did use to effect the work and that they question'd not to get the Lord Danby on their side too That when he return'd into England he found all the Popish Clergy in great hopes of Popery coining shortly in That he knew of Money gathered in the North but refused to joyn therein That as to the Lord Stafford he knew nothing but that Sir Henry Calverley was turned out of Commission of the Peace through Complaint made to my Lord Stafford of his being active against Popery And that he writ to one Smith that he would not make over his Estate as others did for that he expected some sudden Change or Alteration That the Cardinal who perverted him at the same time spoke of great Assurances that Popery would prevail in England that there was but one in the way and tho that Man was a good natured Man yet they could not so far prevail upon him but that to accomplish their designs they must take him out of the way That now he had been a Protestant two
Years and was always bred so till he travelled towards Rome After him Mr. Dugdale was sworn and deposed That he had been acquainted with a Design of introducing Popery about 15 or 16 Years and that he had seen several Letters from beyond-Sea of Mony Men and Arms being ready to Assist That Collections of Mony were made in the Country and 500 l. paid to him so collected which he paid to Mr. Evers to return to London to discharge an Account count of Arms and Things received from beyond-Sea and for carrying on this Design That he himself had given them an Estate of 400 l. Value and because he knew Mony would be wanting had promis'd an 100 l. more as soon as the Lord Aston and he had accounted for this Design and the praying for his Soul That the King of France had promised his Assistance and the Pope allowed some part of his Revenue for the same purpose That of late he had been at several Consultations wherein the Death of the King was discoursed which was intended to be about November December or January 1678. and saw Letters from Paris which advised that it should be thrown upon the Presbyterians who had killed the old King and were likeliest to be thought to have done this and so they might easily get the Protestants of the Church of England to join with the Papists against them to the weakning of Protestantism and accomplishment of their Design That it was agreed that the Lord Aston Sir James Symons and others should go in October 1678. to dispose of Arms to the value he heard of 30000. l. That after the King had been killed an Army was to have appeared to have cut off all that should escape the Massacre which also was designed That he bad been put upon to make Foot-Races to draw People together that they might the better have Discourses together without suspicion That he saw a Letter from the Lord Stafford to Mr. Ewers to shew that things went on well beyond-Sea and hoped they did so here and that particularly the Lord Stafford was by at a Consult about September 1678. with Mr. Heveningham Sir James Symonds Mr. Vavasor Mr. Petre Mr. Howard and the Lord Aston about the Death of the King and that Mr. Heveningham Sit James Symons the Lord Aston Mr. Draycott Mr. Howard and Mr. Gerard did of his knowledge contribute Mony for carrying on the Plot. That he saw a Letter from Whitebread to give Mr. Ewers a Caution to trust only stout and trusty Fellows no matter whether they were Gentlemen or no for killing of the King and another Letter from Harcourt to Ewers dated Octob. 12. and received the 14th 1678 wherein it was said This night Sir Edmondbury Godfrey is dispatched the reason whereof was Ewer's said because he had shewn himself too eager upon Oates's Examination before him and that therefore the Duke of York sending to Coleman to desire him not to reveal what be knew of the Plot Coleman mistrusting Sir Edmonbury sent word back that it would be never the nearer because he had been so foolish as to reveal all to Sir E. Godfrey who had promised to keep it all as a Secret but that now he feared he would witness against him Whereupon the Duke sent word back again That if he would but take care to conceal he should not come in against him And upon this he was quickly dispatched That be had oft been brought to the Oath of Secresy and the Sacrament and particularly when he withdrew on a Monday about the 18th or 19th of November 1678 from the Lord Aston's when he carried all his Papers and burnt them at a Neighbouring-house because he knew they would discover him and others concerned in the Plot But afterwards understanding such his Promises of Secrecy were better broke than kept he came in to make his Discovery Then Mr. Prance deposed That in 1678 he went to one Singleton a Priest at one Hall's a Cook in Ivy-Lane who told him That he did not fear but in a little time to be a Priest in a Parish-Church and that he would make no more to stab 40 Parliament-Men than to eat his Dinner which at that very time he was a doing Then Dr. Oates was sworn and told how in the Year 1676 he was admitted Domestick Chaplain to the Duke of Norfolk being then a Minister of the Church of England Where he became accquainted with some Popish Priests and was told from one Singleton That the Protestant Religion was upon it's last Legs and it would become him and all Men of his Coat to hasten betimes home to the Church of Rome Having a strong suspicion some Years before of the apparent growth of Popery to satisfy his Curiosity he pretended some Doubts and at last a Conviction by she Jesuits because he observed them most able to inform him and accordingly was reconciled on Ashwensday 1676 7. Soon after Strange the then Provincial told him his Ordination was invalid and he must become a Lay-man then he desiring to be of their Order the Fathers upon a Consultation at Wild-House admitted him and because his Years were not suitable to be a novice they proposed travelling to him to go beyond-Sea and do their Business This he accepted and accordingly went April 1677 into Spain to Validolid having their Letters of Recommendation where he found Letters come from England before him and dated in May wherein was expressed That the King was dispatched which caused great joy to the Fathers but afterwards Letters dated the latter end of May came to certify their Mistake and to desire the Fathers to stifle the News Some Letters he opened also by the way wherein was an Account of a Disturbance designed in Scotland and of the Hopes they had for carrying on the Catholick Cause in England That in June Letters came thither expressing That Beddingfield was made Confessor to the Duke of York whom they hoped would prevail much with him in order to this Design and that Letters from St. Omers dated the same Month gave account That Father Beddingfield had assured them of the Dukes willingness to comply with them That travelling through this Country he found that Mony had been there raised and sent to England and particularly that the Provincial of the Jesuits of Castile had advanced 10000 l. promised to be paid in June following That upon some Missioners arriving there in December one Mumford alias Armstrong preach'd That the Oaths of Allegiance and Sumpremacy were Antichristian Heretical and Devilish vilifying and abusing the King's Legitimacy saying That his Religion intitled him to nothing but sudden Death and Destruction In November he return'd for England and coming into Strange's Chamber there was Father Keins lying ill upon Strange's Bed and Keins was saying He was mighty sorry for honest William so they called Grove that was to kill the King for missing in his Enterprize They being more zealous for killing the King after he had refused Coleman the
nor could ever endure him reviling him as having been a poor Boy found at the Door then a Thresher then a Baily and now a Witness for the King To this end he acknowledged that he spoke to Dugdale on the 20th of September in his Chamber but not alone nor about any thing but a Race to be run that day on Etching-Hill which he proved by the Testimony of his own Servants Nicholas Furness a Dutch-man whose Blunder in his Evidence made the Auditory laugh and George Leigh He produced also Thomas Sawyer a Servant to the Lord Aston and Mr. Phillips Parson of Tixal as to the Reputatiof Dugdale who said little more to disparage him than that he ran away from the Lord Aston and was apprehended and would then have been own'd by my Lord as his Servant which was refused and Six Walter Bagot Mr. Thomas Kinnersley and Sir Thomas Whitgrave being the Justices before whom he was brought affirmed That then he took the Oaths of Allegiance c. and protested he knew nothing of the Plot. Then the Lord Stafford offered to prove further against Dugdale that he had offered Mony to some to swear falsly against his Lordship to this end William Robinson a Worcestershire-man affirmed That about Midsummer was twelve-month Dugdale offered him Mony in London to swear against the Lord Stafford and John Morral a Barber in Ridgley in Staffordshire that he proffer'd him 50 l. in Hand and 50 l. more when the thing was done to swear against Mr. Howard Sir James Symonds Mr. Herbert Aston and several others as concern'd in the Plot And Samuel Holt a Black-smith at Tixal that he proffered him 40 l. to swear that Walter Moor carried Ewers away Then the Lord Stafford proceeded to prove that Dugdale deposed at the Trial of the five Jesuits That he communicated the News of Sir E. Godfrey's Death which was on Saturday to Mr. Sambidge the Tuesday following which Mr. Sambidge denies That he so swore Mr. John-Lydcott a Fellow of King's-Colledg in Cambridg and one Charles Gifford who were present at that Trial and took Notes did testify And Mr. Sambidge denied that he heard of the News till Friday or Saturday or that he was at the Ale-house with Dugdale at all but that he was an ill Man and very abusive especially to the Clergy Then the Lord Stafford proceeded against Dr. Oates objecting against him That when he was examin'd before the Council having named many and not naming the Prisoner he said he had no more to accuse and for the proof of this he call'd Sir Philip Lloyd who remembred nothing of it and appealed to the Lords then present but none could speak to it till at length the Earl of Berkley did say That he remembred in the House of Lords when Dr. Oates was asked If he could accuse any other Person of what Quality soever Oates answered That he had no more in relation to England to accuse but in relation to Ireland he had which was after he had accused the Lord Stafford though before he had accused the Queen Then he called for Mr. Dugdale again and objected further against him That he did depose before Tho. Lane and J. Vernon two Justices in Staffordshire Decemb. 24. 1678. That presently after one Howard Almoner to the Queen went beyond-Seas he was told by Geo. Hobson Servant to the Lord Aston that there was a Design c. Whereas this Hobson was not a Servant to the Lord Aston of three Years after the Almoner went and yet here he says presently But Dugdale explained that his meaning was that Hobson told him there was a Design presently after the Almoner went c. Which was contested but at last submitted to Then Mr. Turbervile was called again and the Prisoner objected against him his deposing to the Year 1673 one day and to 1672 the next whence he concluded him to be necessarily perjured But Sir William Poultney who took his Affidavit related the whole Story which shewed him to be mistaken in the Year which he finding out that Night by a Paper he found came and corrected it himself the next Morning And whereas the Lord Stafford had charged him for a Coward and for running away from his Colours he produced his Discharge from his Captain which certified otherwise Then whereas Turbervile had before deposed that his Lordship was lame of the Gout when he waited upon him in France he declared he had not been lame these forty Years and never had the Gout in his Life and his two Servants Furness and Leigh testified the same for the time they had lived with him and who were with him then in France but denied that ever they saw Turbervile with him And whereas Turbervile deposed That he came to England by Calice he said he came by Diep and produced one Mr. Wyborne who testified the same together with his aforesaid two Servants Again whereas Turbervil deposed That when he came from Doway his Relations were angry with him and the Lord Powis and his Lady he affirmed that he was upon his return received courteously at the Lord Powis's House and by his Relations which was testified by John Minhead one that belonged to the Lord Powis and a French-Man And whereas Turbervile said he was disinherited his elder Brother by another Mother testified the kindness of his Relations towards him and that there was no Estate likely ever to come to him there being so many Heirs before him Finally whereas Turbervile also in his Affidavit had said the Lord Castlemain was at the Lord Powis's at such a time which must be either in the Years 1672 1673 or 1674 he called Mr. Lydcott again to testify he was not in Wales in any of those Years who by his Notes which he confessed he had transcribed out of another Book spoke very particularly to the times only the beginning of 1672 he could not tell how to account for nor did Turbervile ever say positively to a Year So the Lord Stafford being asked if he had any more Witnesses and answering he had three or four the Peers thought it too late to proceed and so adjourned into the Parliament-Chamber and the Commons went back to their House to whom the Lords sent a Message that they had ordered the Prisoner again to the Bar at Ten next Morning The Fourth Day FRiday Decemb. 3 1680. about Ten the Court being sat and the Prisoner at the Bar the Ld. High Steward reminding him how far he had gone and where he left off in his Defence desired him to go on Who called therefore John Porter Butler to the Lord Powis who said That about a Year ago in several places in London he heard Turbervil say that he believed neither the Lord Powis nor the rest of the Lords were in the Plot and the Witnesses that swore against him he believed were perjured and he could not believe any thing of it and that as he hoped for Salvation he knew nothing of it neither directly
the Prisoners Mrs. Gaunt to be burnt and the other 3 to be drawn hang'd and quarter'd which was accordingly executed upon them and Mr. Cornish was hang'd in Cheapside over against Kings-street on Friday October 23 1685. and his Quarters afterwards put up in several Places and his Head upon the Guild-Hall where it stood till the tidings of the Dutch Invasion summon'd it with the other Quarters into the Grave after they had been expos'd in that infamous manner the space of 3 Years The Trial of Henry Baron Delamere in Westminster-Hall before George Lord Jefferies constituted Lord High-Steward on this Occasion on Thursday Jan. 14 1685. THen and there the Court being met the Lord High-Steward's Commission was first read and the Staff being carried between Garter King at Arms and the Gent. Vsher of the Black Rod was with 3 Reverences delivered upon the knee to his Grace and by him redelivered to the Gent. Vsher of the Black Rod to hold during the Service Then Proclamation was made by a Serjeant at Arms for all Persons present except Peers Privy Councellors and the reverend Judges now assistant to be uncovered and for all to whom any Writ had been directed for the certifying of any Indictment before his Grace to bring in the same forthwith After which Sir Edward Lutwich deliver'd in his Writ and Return which were read And then the Lieutenant of the Tower was call'd to bring his Prisoner to the Bar which having done Sir Roger Harsnet Serj. at Arms was called to return the Names of the Peers which he had summoned who were then called over by the Clerk of the Crown and those that appeared were these following who standing up uncovered answered to their Names each making a Reverence to the Lord High Steward Lawrence Earl of Rochester Lord High-Treasurer of England Robert E. of Sunderland Lord President of His Majesties Privy-Council Henry Duke of Norfolk Earl-Marshal of England Charles D. of Somerset Henry D. of Grafton Henry D. of Beaufort Lord President of VVales John Earl of Mulgrave Lord Chamberlain of His Majesties Houshold Aubrey E. of Oxford Charles E. of Shrewsbury Theophilus E. of Huntingdon Thomas E. of Pembroke John E. of Bridgwater Henry E. of Peterborow Robert E. of Scarsdale VVilliam E. of Craven Louis E. of Feversham George E. of Berkley Daniel E. of Nottingham Thomas E. of Plimouth Thomas Viscount Falconberg Francis Viscount Newport Treasurer of His Majesties Houshold Robert Lord Ferrers Vere Essex Lord Cromwell VVilliam Lord Maynard Comptroler of His Majesties Houshold George Lord Dartmouth Master-General of His Majesties Ordinance Sidney Lord Godolphin John Lord Churchill The Lord High Steward then having acquainted the Prisoner with the occasion of this meeting order'd the Bill of Indictment to be read which was done twice at the Prisoner's desire And then the Prisoner deliver'd in his Plea to the Jurisdiction of this Court that he ought to be tried by the whole Body of the House of Peers in Parliament the Parliament still continuing being under a Prorogation and not dissolved and because there was some agitation of the matter concerning this Prosecution upon his Petition in the House of Lords c. To which the Attorny General answer'd that the Plea was not good there never having been so much as any Indictment returned there nor found during the Session of Parliament besides that the Plea was in Paper and English The Prisoner then desired Counsel to put it into Form But it being a Plea against the Jurisdiction no time could be allowed and the Prisoner having no Counsel ready to plead his plea was over-ruled and he pleaded Not Guilty After which the Lord High Steward gave the Charge to the Peers and Sir Thomas Jenner Recorder of London opened the Indictment and Mr. Attorny General the Evidence And then the Lord Howard was first sworn Who gave the same account about the Earl of Shaftsbury's design'd Insurrection as before he had done at the other Trials where he was a Witness to which therefore the Reader is referred The Lord Grey deposed that Cheshire was one of the Places pitch'd upon for the Rising and for that end the Duke of Monmouth went his Progress into those Parts to make his Interest there and that the Prisoner was one he was directed to advise with That after the late King's Death the Duke of Monmouth was at Amsterdam with the Lord Argyle where there was an Account given of the Design that was in Hand of an Insurrection in Scotland and at that time came over to Holland Mr. Crag from Major Wildman to promote and recommend a Reconciliation between the Duke of Monmouth and the Lord Argyle who till that time had acted in separate interests giving some account that Means and Money were prepared This encouraged the Duke of Monmouth to send Capt. Matthews into England to Major Wildman to desire him to acquaint several Persons among whom the Prisoner was one that he was designed to join the Lord Argyle When Crag return'd to the Duke he gave an account that Major Wildman had convers'd with these Persons and that their Opinion was that the Duke should go for Scotland whereby they might know the strength of the Enemy here by their sending to suppress the Rebellion there and also that Major Wildman desired the Duke to bring over with him a Broad Seal to seal Commissions with and to take upon him the Title of King That soon after Crag's return Jones came with a Message to the Duke from England and was sent back shortly after by the Duke with a Letter of Instructions And the Duke intended first to have landed in Cheshire he very much depending upon that County but afterwards considering that the Persons there being of great Quality and Interest in their Country and able to manage it without his Assistance he chose rather to land in the West the Friends he relyed on there not being of that Quality Mr. Nathaniel Wade deposed that at Amsterdam soon after the Death of the late King the Duke of Monmouth and the Lord Argyle had a Consultation together and agreed that at the same time the Lord Argyle made an Insurrection in Scotland the Duke should invade England For which end the Duke sent Capt. Matthews into England to acquaint his Friends among whom he heard the Lord Delamere named to be ready for his Assistance Crag was sent over for Money but could get none and therefore the Duke sent him over again to pawn his Jewels and get what Money he could wherewith he fitted out 3 Ships laden with Ammunition and having before ordered his Friends to repair to their own Countries to be ready he set Sail and landed at Lyme and ordered his March so as that he might most conveniently meet with his Cheshire Friends In pursuance whereof they came to Keinsham Bridge where a Party of the Kings Horse set upon them of whom they took some Prisoners and thereupon thought it advisable not to let the Kings
Army joyn together but to go back and engage those that were already come together which was the reason they did not go over the Bridge Mr. Richard Goodenough deposed that he was beyond Sea with the Duke of Monmouth and that Jones was sent among other Persons to the Lord Delamere to give him notice to be ready and take care he was not seized in Town and that he heard the Duke say that he hoped my Lord Delamere would not break his Promise with him Jones deposed that he went into Holland the latter end of April last and by him Mr. Disney sent a Message to the Duke of Monmouth to desire him to keep to the last Conclusion which he would find in a Letter sent to him by the Crop-hair'd Merchant which Message was that his Friends in England would not by any means have him come for England but that he should continue where he was or if he thought good to go for Scotland they approved of it This Message he deliver'd to the Duke at Amsterdam which put him into a great Passion saying this was Wildman's work who was a Villain and that it was too late to send a Message now for he was resolved for England and Wildman should hang with him or fight for it with him and that he should not think to tye up his Hands by tying up his own Purse Sending another Message by him when he returned for England which was May 22d to Capt. Matthews or major Wildman to desire them to acquaint the Earl of Macclesfield the Lord Brandon and Lord Delamere with his Design of coming for England and that they should repair to their Posts to be ready for him delivering to him a Writing sealed up which he was not to open till he came to Sea which when he opened he found it contained a Signification of the Place wherein was to land and where he was to rendezvous which was Taunton and who were the Persons that were to have notice of it among whose Names was the Lord Delamere's That when he came to London which was May 27th he could meet with neither Capt. Matthews nor Major Wildman who were out of Town and therefore he acquainted Mr. Disney with his errand who promised to take care that it should be delivered Story who was Commissary General under the Duke of Monmouth deposed that on May 28th one Brand told him that the day before Jones was returned out of Holland with a Message to Capt. Matthews but he being absent Disney received it and discoursed that Evening with the Lord Delamere and that my Lord went out of Town that Night with 2 Friends that convey'd him by a By-way through Enfield Chase towards Hatfield That this Brand was kill'd at Keinsham Bridg. That at Shepton Mallot he heard the Duke of Monmouth say that his great Dependance was upon the Lord Delamere and his Friends in Cheshire but he fear'd they had failed him or betray'd him and that he could have been otherwise supply'd but that he had a Dependance upon them Vaux deposed That on May 26th the Lord Delamere sent for him to the Rummer in Queens-street and that the next Night he rid out of Town with him about 9 or 10 a clock at Night and got to Hoddesden about 12 and the next day he brought him to Hitchen and so came back again That my Lord went by the name of Brown and said he was going to see his Son that was sick in the Country Mr. Edlin deposed that on May 27th Mr. Vaux asked him if he would ride with him as far as Hitchen which he promised to do and they set out about 9 that Night and went to Hoddesden one Mr. Brown being in their Company whom he had never seen before but now knew to be my Lord Delamere who told them he was going to see a Sick Child Mr. Panceford depos'd that he was at Mr. Disney's on June 14th last where the Duke of Monmouth's Declarations were a Printing for printing whereof Disney had been Executed and one Joshua Lock was there waiting for some which he said he was to send into Cheshire to one Mr. Brown which he understood to be the Lord Delamere having heard Mr. Disney call him by that Name and Mr. Edlin having told him how he went by that Name when he rid with him to Hitchen But also he had heard that Mr. Vermuyden went also by that name of Brown Mr. Babington deposed that in their Consultations there were Discourses of my Lord Delamere under the name of Brown and once at a Tavern about the latter end of May last when my Lord Delamere was named by one in the Company he was presently catch'd up for it and replied to You mean Mr. Brown That being also at Disney's while the Declarations were a Printing he heard one say a great many of them were to be sent into Cheshire to my Lord Delamere under the name of Brown Mr. Hope Master of the Three-Tuns in Coventry deposed that the Lord Delamere came Post to his House he believed 5 times from the Sunday Sev'night before the Coronation to June 21 following Then Thomas Saxon deposed that on June the 3d or 4th he was sent for by a Man that had but one Hand to my Lord Delamere's House Mere in Cheshire where he came when it began to be dark and was conveyed by the Man that fetch'd him into a lower Room where were my Lord Delamere Sir Robert Cotton and Mr. Crew Offley and they told him that he had been recommended to them by the Lord Brandon who had said he was an honest useful Man and they hoped he would prove so For they had sent to the D. of Monmouth who was in Holland and received an Answer by one Jones which as soon as they had my Lord Delamere came away Post into the Country under another Name and by being conveyed through Moorfields came down to raise 10000 Men for the Duke in Cheshire by June 1. But now they had considered of it and found they could not raise them till Midsummer for that they must have time to raise 40000 l. in that Country to maintain the Men. That they asked him if he would undertake to carry a Message to the Duke that he said he would Whereupon the Lord Delamere gave him 11 Guinies and 5 pound in silver for his Journy After which he hired him an Horse and did deliver the Message That he never had any Concern before with the Ld. Delamere but that the Lord Brandon told him that they must make use of such as he to inform the Country of the time of Rising his acquaintance abounding that way being a publick Trades-man in Middlewich Here the Evidence for the King ceasing the Prisoner was called upon to make his Defence But it beginning to be late the Prisoner begg'd the Court might be Adjourned till the morrow But the Lord H. Steward doubted it could not be done by Law this not being a Trial in full Parliament
him thanks for the 10000 l. which was given for the Propagation of the Catholick Religion and that it should be imployed for no other Intent and Purpose but for that which it was sent which was to cut off the King which Le Chese's Letter dated in August and which he both saw and read and to which this was an Answer positively express'd That Letter was directed to one Strange then Provincial of the Society in London which Mr. Coleman answered because Strange having run a Reed into his Finger had wounded his Hand and Secretary Mico was ill This Letter he delivered into Le-Chese's own Hand who gave him a Letter in answer to it which he brought to St. Omers and was there inclosed in the Letter from the Society to Coleman He further deposed that in April last Old Stile and May New Stile there was a general Consult of the Jesuits held by virtue of a Brief from Rome sent by the Father General of the Society first at the. White-Horse Tavern in the Strand and afterwards in several Clubs wherein the Death of the King was Conspired Grove and Pickering being imployed to Pistol him in St. Jame's Park for which Grove was to have 1500 l. in Mony and Pickering being a Priest was to have 30000 Masses which at twelve Pence a Mass amounted much-what to that Mony to all which Coleman was privy and in one Letter he writ about it express'd his disire to have the Duke trappan'd into this Plot to murther the King And in case this fail'd there was a further Design lay'd to murther the King at Windsor by four Irish Assassinates provided by Dr. Fogarthy and fourscore Pounds were provided by Father Harcourt a Jesuit and Rector of London for their present Maintainance which Coleman saw upon a Table in Wild-House where he was with Harcourt and gave the Messenger who was there ready to carry them after the Ruffians to Windsor a Guiny for expedition saying he lik'd it very well Yea and if this also should fail there were Instructions brought by one Ashby a Jesuit in July last to London from Flanders to proffer 10000 l. to Sir George Wakeman to Poison the King Which Instructions were seen and read by Mr. Coleman by him copied out and transmitted to several Conspirators of the King's Death in this Kingdom of England that were privy to this Plot. He said 10000 l. was too little and therefore he procured 5000 l. more to be added to it which Sir George Wakeman accepted of and receiv'd 5000 l. in hand with a promise of the Rest as soon as he should have done the Work He deposed likewise that a Consult had been held in the Savoy with the Jesuits Benedictine Monks for the murthering of the Duke of Ormond and raising a Rebellion in Ireland the Pope's Right to that Kingdom being asserted and 40000 black Bills provided to be sent thither for the use of the Catholick Party Coleman being privy thereto and the main Agent therein being heard to say to Fenwick that he had found a way to transmit the 200000 l. for the carrying on this Rebellion in Ireland That he saw likewise several Commissions come from Rome in Mr. Langhorn's Chamber among which was one for Mr. Coleman to be Secretary of State the receipt of which he hath since heard him acknowledg The Prisoner then offer'd something against the Informant from his telling the King when he was examin'd before the Council that he never saw him before Which the Informant obviated by confessing that there and then he did say that he would not swear that he had seen him before his Sight being bad by Candle-light and being then wearied and tired out but that when he had heard him speak he could have sworn it was he but it was not then his Business The other Witness then produced against the Prisoner was Mr. Bedloe Who deposed that he heard Sir Henry Tichbourn say that he had a Commission and that he brought one for Mr. Coleman and the rest of the Lords from the Principal of the Jesuits at Rome by order of the Pope to be Principal Secretary of State And that he was imployed by Harcourt to carry Letters to Le-Chese the French King's Confessor and was at a Consult in France where the Plot was discoursed on for killing the King and did bring back an Answer from Le-Chese to Harcourt in London and on the 24th or 25th of May 1677. he was with Harcourt at Coleman's House where he heard Coleman speak these words That if he had a Sea of Blood and an hundred Lives he would lose them all to carry on the Design And if to effect this it were necessary to destroy an hundred Heretick Kings he would do it The Prisoner then asking Mr. Bedlow if he ever saw him in his life He answer'd You may ask that question But in the stone Gallery in Somerset-House when you came from a Consult where were great Persons which I am not to name here that would make the bottom of your Plot tremble You saw me then The Court then proceeded to other evidence which were the Prisoners Papers and proved the manner of finding them by Mr. Bradley a Messenger and that those which were then produced in the Court were his by the Clerks of the Council and his own Servant Ordering them afterwards to be read The first Paper was a long Letter dated Sept. 29. 1675 sent to Le-Chese wherein he gives him an account of the Transactions of several Years before and of the Correspondence between him and Monsieur Ferrier Predecessor to Le-Chese Asserting that the true way to carry on the Interest of France and the promoting of Popery here in England was to get that Parliament dissolved which says he had been long since effected if 300000 l. could have been obtained from the French King And that things yet were in such a posture that if he had but 20000 l. sent him from France he would be content to be a Sacrifice to the utmost Malice of his Enemies if the Protestant Religion did not receive such a Blow as it could not subsist The receipt of this Letter was acknowledged by Le-Chese in an Answer he wrote to Mr. Coleman and was then read in the Court dated from Paris October 23. 1675. wherein he gives him thanks for his good Service and promises his Assistance in order to the promoting the Popish Religion Then was produced and read a Declaration which Mr. Coleman as Secretary had penned in the King's Name shewing his Reasons for the Dissolution of the Parliament Then also was read a Copy of a Letter written to Le-Chese which Mr. Coleman confessed he himself wrote and counterfeited in the Duke's Name and that when he was so bold as to shew it to the Duke the Duke was very angry and rejected it Several other Letters were read of Mr. Coleman's to Monsieur Ferrier and others and particularly one dated August 21. 1674. to the Pope's Internuncio at Brussels
Secresy as to time and place it appearing of its own Nature necessary The other was a Letter from one Christopher Anderton dated from Hilton by which was meant Rome Feb. the 5th 1677 8. wherein mention was made of the Patents being sent thence both which Letters the Prisoners strugled much to vindicate by such forced Constructions of the matters they contained as all the Court rejected Against Gavan Dr. Oates deposed That he saw his Name to the Resolve though he could not swear he was at the Consult of the 24th of April That he gave an account from time to time of the Affairs of Staffordshire and Shropshire relating to the Plot and that coming to London he gave the same account to Ireland his own Chamber and talk'd of two or 3000 l. that would be ready for the Design Mr. Prance then deposed that Harcourt had told him above a Year before as he was paying him for an Image of the Virgin Mary that there was a Plot upon the Life of the King Mr. Dugdale deposed against him that it was he who had engaged him in the Plot upon the Life of the King and often perswaded and encouraged him to it That at Ewer's and his Chambers at Boscobel and other places several Consultations had been had about the Death of the King and bringing in of Popery wherein Mr. Gaven was always a great Man being a good Orator to perswade People in the Design That at the same Consultations he had heard the Massacre often discours'd of And that Gaven should say That tho they were but in a low condition themselves yet they would have Men and Mony enough to spare for such a Design That the said Gaven had many times endeavoured to convince him of the Lawfulness if not the Merit of killing any person whatsoever for the Advancement of their Religion As to Turner it was sworn by Dr. Oates that he was at the Consult of Fenwick's Chamber and sign'd the Resolve Mr. Dugdale also deposed that Ewers had told him that Turner was to carry on the Design in VVorcestershire That the said Turner had met with Ewers Leveson and others in several places and had in every one of them given his consent to and assisted with his Counsel in the carrying on of the grand Design of killing the King and introducing of Popery This was the main of the Evidence for the King The Prisoner's defence lay chiefly in seeking to invalidate the Testimony given against them and to prove Oates perjured they produced these St Omers Witnesses who testify'd that he was not in England in April viz. Mr. Hilsley William Parry Doddington Gifford Palmer Cox who differed in his Testimony from all the rest and caused two great Laughters in the Court Thomas Billing Townley Fall John Hall Butler Cooke a Taylor some of which were so positive that they affirmed that Dr. Oates never lay but two Nights out of the Colledg from December till the middle of June And to prove further that he did not come over with Sir John VVarner and Sir Thomas Preston as he had deposed elsewhere one Bartlet a Dutchman Carlier Verron Baillee who spoke by an Interpreter John Joseph and Peter Carpenter appear'd Then Gaven produced two Witnesses to prove him to be at VVolverhampton in Staffordshire at the time of the Consult viz. one Mrs. Kath. VVinford at whose House he there lodged and Mary Poole a Servant in the House the latter of whom was so lame in her Testimony as caused both Laughter and Shouts He produced four more that affirm'd him to be in VVolverhampton the last week in July but none that could speak to the other three weeks in that Month. However he protested his Innocency and desired to put himself upon the Trial of Ordeal Then VVhitebread in his defence offered to prove D. Oates mistaken in his Evidence at Mr. Ireland's Trial which the Court would not allow Harcourt endeavoured to prove Dr. Oates mistaken as to Ireland's being with him in his Chamber in August One Gifford the Lady Southcott Sir John Southcott Mr. Edward Southcott his Son Mrs. Harewel her Daughter Eliz. Keeling Pendrel and his Wife two Mrs. Giffords and one Mr. Bedloe affirming him to have been most of that Month in Saffordshire Fenwick offer'd to invalidate Mr. Bedloe's Evidence from his having been an ill Man c. Then Sir Creswel Levinz of Counsel for the King summ'd up the Prisoners Defence and to clear Dr. Oates's Evidence about Ireland he called Sarah Pain who swore that she saw Ireland in London about the middle of August And for the Proof of Dr. Oates's being in England at the time he said he was Mr. VValker a Minister Mrs. Ives Mrs. Mayo Sir Richard Barker Philip Page Butler his Servants Mr. Smith Schoolmaster of Islington and Mr. Clay a Popish Priest all deposed as to his being seen in April and May 78 to which the Prisoners only opposed the Number and Innocency of their Evidence being most young Boys After which the Ld. Ch. Justice directed the Jury and in summing up the Evidence insisted particularly on Dugdal's Evidence concerning Sir Edmondbury Godfrey's Death as a mighty Confirmation of the Plot. Then an Officer was sworn to keep the Jury who withdrew and the Judges also went off from the Bench leaving Mr. Recorder and a competent number of Commissioners there to take the Verdict and about a quarter of an Hour after the Jury brought them all in Guilty Then the Prisoners were carried back to Newgate and the Court adjourned till eight next Morning And then Mr. Langhorn was tried and found guilty After which they were all six brought to the Bar together and received Judgment to be Drawn Hang'd and Quartered which accordingly was done upon these 5 Jesuits and Priests on Friday June the 20th at Tyburn The Trial of Richard Langhorn Esq Counsellour at Law at the Old-Baily on Saturday June the 14th 1679. HIS Indictment was for conspiring the Death of the King Subversion of the Government and Protestant Religion whereto he pleading Not guilty the Jury were impannelled for his Trial who were Arthur Yong Edward Beeker Robert Twyford VVilliam Yapp John Kirkham Peter Pickering Thomas Barnes Francis Neeve John Hall George Sitwel James VVood Richard Cawthorne To whom the Indictment being read Roger Belwood Esq of Counsel for the King in this cause opened the Indictment and Sir Creswel Levins proved the Charge And Then Mr. Dugdale was first called to give Evidence of the general Design from which afterwards it would be brought down particularly to Mr. Langhorn who therefore deposed that he had been in several Consultations for alteration of this present Government and for the introducing of Popery and Murther of the King that he was to have a Sum of Money to be one of them that should kill the King being put upon it by Mr. Ewers Mr Gavan Mr. Luson and Mr. Vavasor all Jesuits that there was then to have been a Massacre of the Protestants and
Dissolution of the Long Parliament He came to St. Omers December 9th or 10th N. S. and carried Letters from the Provincial and other Fathers wherein Strange told them he had great hopes of effecting their Design next Year but as yet they could not That they had Letters from their New Provincial VVhite-bread the same Year to order Conyers to preach on St. Thomas of Canterbury's day saying he would be as zealous for carrying on of their Design as his Predecessor had been In that Sermon Conyers after he had commended the Saint and declared how unworthily he was sacrificed did inveigh against the Tyranny as he called it of Temporal Prince and particularly of the King of England Declaring that the Oaths of Allegiance and Supremacy were Antichristian and Devilish and that it was fit to destroy all such as would countenance them In January they had Letters from Ireland of the Resolution of the Papists there to let in the French King provided the Parliament should urge the King to break with France and of their Zeal to vindicate their Freedom and their Religion from the oppression of the English as they called it In March Letters from England gave account That there had been a very shrewd Attempt made upon the Person of the King and that the flint of Pickering's Gun was loose and his Hand shaking the King did then escape for which Pickering received a Discipline and Grove a Chiding At the latter end of the same Months 1678 came a Summons to a Consutt to which eight or nine came over whereof the Witness was one It began at the VVhite-Horse Tavern where they consulted about some things of the Society and afterward adjourned into particular Societies where they did debate and resolve the Death of the King and that Grove should have 1500 l. for his pains and Pickering a Religious Man 30000 Masses Presently after he returns to St. Omers and after him the New Provincial who ordered him back again to England where he arrived at Dover June 14 meeting there with Fenwick with whom he came to London the 17th Letters arriving just after them wherein were Proposals to be made to Sir Geo. VVakeman for poisoning of the King and that the 10000 l. promised by the Spaniards and received accordingly at the time in London should be offered him Coleman thought it too little Langhorn too much saying he was a narrow-spirited Soul and that he ought to do so great a piece of Service for nothing There was 5000 l. of it paid him as he saw entred in the Books and Father Ashby in July renewed the Proposal of 15000 l. and Fenwick in August gave an account to the Provincial of it's being accepted of In July Strange coming to Town informed him in discourse how the City was fired and how many of those concerned in it were taken and that they were released by the Duke of York's Guard and that all the Order they had for it they pretended was from the Duke In July he discover'd to Dr. Tongue of which the King had Notice 13th or 14th of August and by the 3d of September he was betray'd and exposed to the Vengeance of the Papists whose Plot he had thus Discovered Then to fortify Dr. Oates's Evidence Mr. Dennis was called who deposed That he saw Dr. Oates at Vallidolid in Spain and related what Discourse they had together and how they came acquainted and how the Doctor lent him Mony to defray the Expence of his Journey and sent a Letter by him to Madrid which he heard read and related the Contents of it That he had both heard of and seen Mony collected in Ireland naming the Collectors thereof in the Year 1668 for the encouragement of the French King to bring in an Army thither acknowledging himself to be now a Dominican Fryer and a Papist Mr. Jennison being sworn deposed That in 1678 he had heard Mr. Ireland and Mr. Thomas Jennison his Brother both Jesuits speak of a Design to get a Toleration by bribing the then Parliament by a great Sum of Mony procured from their Party And of securing the Duke of York's Succession by getting Commissions to be granted out to the Papists to be ready to rise upon the Death of the King saying also their Religion could never flourish till the Government was altered to the French Model In June 1678 he heard Mr. Ireland say in his own Chamber That Popery was like to come into England and there was but one stood in the way that it was an easy thing to poison the King and that Sir George Wakeman might easily and opportunely do it In August after be also was at his Chamber and found Mr. Ireland newly come out of Staffordshire being then drawing off his Boots and discoursing of the suddenness of Popery coming into England he tempted the Witness to be one to go to Windsor to take off the King which he refusing Ireland asked him if he knew any Irish Men that were flout and couragious and upon his naming some he took their Names asking him for 20 l. which the Witness owed him saying he should need 80 l. That he had heard his Brother Thomas Jennison in Discourse use that Expression which Dr. Oates hath in his Narrative If C. R. would not be R. C. he should not be long R. C. Interpreting it thus in Latin Si Carolus Rex non esset Rex Catholicus non foret diu Carolus Rex Asserting further That if the King were excommunicated he were no longer King and it were no Sin to take him off and if it were discover'd who did it two or three might suffer but denying the Fact the Matter soon would be blown over That about two Months after the Mustering upon Hounslow-Heath about the latter end of July and before the Discovery his Brother told him of a Design in which the Queen and the Duke and several Lords were concerned and that a new Army would be raised to bring in Popery but he would not tell him more Particulars till he had received the Sacrament of Secresy He told him that one Mr. Oates also a Person newly come over to them was in this Design which Oates he saw the latter end of April or beginning of May in Mr. Ireland's Chamber About the time of Coleman's Trial he heard also one Mr. Cuffil a Jesuit say at his Sister Hall's in Berk-shire in Shinfield-Parish That he thought Mr. Coleman was infatuated upon the Discovery of the Plot to give notice to Harcourt Ireland and Fenwick and the other Jesuits to burn or secture their Papers and yet not to secure his own Then saying also that Bellarmine did draw this Sentence out of the Scripture to favour the Pope's Authority of Excommunicating Depriving and Deposing Temporal Princes Quod Papa habeat eandem potestatem super Reges quam Jehojads habuit super Athaliam and that there were other corroborating Testimonies among the Fathers for it After tins the Records of the Attainder of Coleman
Plot being then present how that on December 23 1678. he meeting Mr. Dugdale at Stafford upon business he perswaded him to discover and got him examin'd that day and afterwards more fully the next day After him one Mr. Thomas Mort who had been Page to the Lord Powis deposed that he saw Turbervile at Paris and knew he convers'd with the Lord Stafford whom he knew not and came with him to Diep to go over with him and my Lord for whom they waited a fortnight much to their Inconveniency and therefore he or some of the Company said Cursed is he that relies on a broken Staff alluding to the Lord Stafford's Name That Turbervile then told him if he went to Calice he might go over with my Lord but how he came to know that he knew not but he got another opportunity and so came over Then Mr. Powel a Gentleman of Greys-Inn deposed that he heard him mention his knowledg about the Plot about a Year ago but that he did not think fit then to reveal it for fear of his Brother's Anger and because some of the Witnesses had been discouraged and he was afraid he should be so too Then Mr. Arnold one of the Members of the House of Commons deposed that he knew Mr. Turbervile to be a very civil honest Gentleman and that the reason he discover'd no sooner was he told him because the Witnesses that were come in were in danger of their Lives and were discouraged and as long as the D. of York had so great a Power in the Council and the Lady Powis's Brother in those Parts he lived which his Lordship usually calls his Province he durst not for his Life Then Mr. Hobby being sworn gave a very good Character also of Mr. Turbervile whom he had known four Years Mr. Matthews a Divine being sworn gave him likewise a good Character and that he had often discoursed with him and found him inclinable to come off from the Roman Religion and that he had known him four Years Mr. William Seys being sworn said he never heard nor knew any ill by Mr. Turbervile whom he had known two Years Captain Scudamore deposed much the same as to Mr. Turbervile's Credit Then whereas the Lord Stafford had brought his Servants to prove he had not been lame of so long a time the Lords Stamford and Lovelace deposed that they had observed him lame within less than seven Years which his Lordship excused saying it was only his Wearines And here the Managers resolving to call no more Witnesses urged the Prisoner to sum up his Defence that the Process might be closed But he called Mr. Whitby again asking him if he had not once complained of Dugdale to the Lord Aston telling him he was a Knave Mr. Whitby confessed he told the Lord Aston that Dugdale was a Dishonour to his Family in not paying People their Mony when they came for it But he was told afterwards it signified nothing for that the present Ld. Aston would hear nothing against him Then the Ld. Stafford gave into the Court Wright's Letter who being called owned his hand saying That was one which he was hired to write which intimated as if Dugdale had suborned him to swear false c. Then the Prisoner being urged to conclude he protested his Unreadiness and Weakness whereupon the Court broke up and the Lords sent a Message to the Commons that to morrow morning at 10 they had ordered the Prisoner again to the Bar. The fifth Day SAturday December the 4th 1680. About 10 the Court being sat and the Prisoner call'd upon to sum up his Defence he prayed leave to call a few Witnesses more which after some Debate and his Lordships Weeping was admitted And then the Lord Ferrers was called upon to speak his Knowledg of Southall who said he could only speak by hear-say that he had been an active Man in the late times against the King and is counted a pernicious Man against the Government The Lieutenant of the Tower also was called and testify'd that Dugdale coming to make up his Accounts the Lord Aston desired the Lieutenant to be present who said he did not understand Accounts but would get one that did whereupon Dugdale said he would come another time but never did that he saw or heard of The Prisoner began to sum up his Defence and ended with proposing these five Points of Law 1st That there is no precedent for criminal Proceedings to be continued from Parliament to Parliament as this had been to three 2ly Whether in capital Cases they can proceed upon Impeachment and by Indictment first found by the Grand Jury 3ly There is a defect in the Impeachment there being no overt Act alledged 4ly The Witnesses by Law are not competent because they swear for Mony And not having proved him a Papist whether he can be concern'd as to the Plot in general 5ly That there ought to be two Witnesses to every point Thus concluding the Managers vindicated Mr. Southall's Credit sufficiently by the Depositions of the Lord Brook and Mr. William Leveson-Gower who knew him very well to be an honest able good Man and of the Church of England and an eager Prosecutor of Papists Then Sir William Jones one of the Managers summ'd up the Evidence very largely and Mr. Powle another of them proceeded and Serjeant Maynard answered his matters in Law shewing to the third several Overt Acts as receiving a Commission being at Consults and hiring Persons to kill the King To the 2d That an Impeachment of the House of Commons is more than an Indictment To the 1st That what is once upon Record in Parliament may at any time be proceeded upon And then Sir William Jones spoke again And to the 5th said there needed but one Witness to one Act and another to another where the several Acts as here fall under the same head of Treason And to the 4th that he had not proved and however that what Mony the Witnesses had was for their Maintenance only Sir Francis Winnington spoke also to the same heads And then the Prisoner urged that his Counsel might be heard as to those Points who were Mr. VVallop Mr. Saunders and Mr. Hunt and the first proposed to be handled being the last Mr. VVallop excused himself from speaking to it because it lately had been determin'd in the inferiour Courts Then the Lords adjourned into the Parliament Chamber to consider the Points the Commons staying and returning after about an hour the Lord High Steward declared that it was the Lords Will that all the Judges present should give their Opinions whether the 5th Point was doubtful and disputable or no. Then all the Judges consulted privately together and afterward gave their Opinions in the Negative Seriatim first the Ld. Ch. Justice North the Ld. Ch. Baron Montague Mr. Justice VVyndham Mr. Just Jones Mr. Just Dolben Mr. Just Raymond Mr. Baron Atkins Mr. Baron Gregory Mr. Baron VVeston and Mr. Just Charlton After
he should be call'd to an Account for all his Actions for all the World might see that he did resolve to bring in Arbitrary Power and Popery and that unless he would let the Parliament sit at Oxford since he had called them together and put the People to Charges in chusing them and them in coming down he should be seiz'd at Oxford and brought to the Block as was the Logger-head his Father That the Parliament should sit at Guild-hall and adjust the Grievances of the Subject and of the Nation and that no King of his Race should ever Reign in England after him And unless the King did expel from his Council the Earl of Clarendon cunning Lory Hide the Earl of Hallifax that great turn-coat Rogue that was before so much against the Papists a Rascal whom we should see hang'd and all the Tory Counsellors England should be too hot for him That for this End there was in the City 1500 Barrels of Powder and 100000 Men ready at an hour's warning and that every thing was ordered in a due Method against the sitting of the Parliament at Oxford And that he should see England the most glorious Nation in the World when they had cut off that beastly Fellow Rowley who came of the Race of Buggerers for his Grand-father King James buggered the old Duke of Buckingham Railing then at Judg Pemberton saying Let him try Fitz-Harris if he dare I shall see him go to Tyburn for it I hope a turn-coat Rogue That he was for the Plot whilst he was puisne Judg but now he was Chief Justice he was the greatest Rogue in the World even like one of the Pensioners in the Long Parliament That the Prisoner would moreover have put this Informant upon charging the King With the firing of London and the Murder of Sir Edmondbury Godfry telling him that such and suck Lords should live and die by him and that he needed not to fear but that England should espouse his Cause And discoursing then of the Libel of Fitz-Harris The Devil take me said Colledge every individual Word is as true as God is in Heaven and that if the Informant did not join with Fitz-Harris in his Evidence and charge the King home he was the basest Fellow in the World because he made them Slaves and Beggars and would make all the World so and that it was a kind of Charity to charge him home that we might be rid of such a Tyrant He depos'd further That he also receiv'd a blew Ribbond from Mr. Colledge whom meeting after he came from Oxford he asked Where now were all his Cracks and Braggs for that the King had fool'd them who answered That they had not done with the King yet though they could do nothing then for that no Servant no Man living did know whether he would dissolve the Parliament that Day That he was that very nick of Time at the Lobby of the Lords House and there was a Man came in with a Gown under his Arm and every one looked upon him to be a Tailor and no Body did suspect no not his own intimate Friends except it were Fitz-Gerald that he would Dissolve the Parliament that Day But presently he put on his Robes and sent away for the House of Commons and when he had dissolved them before ever the House could get down he took Coach and went away otherwise that the Parliament had been too hard for him for that there was never a Parliament-Man but had divers armed Men to wait on him and that he had his Blunderbuss and his Man to wait upon him The next Witness against Mr. Colledge was Mr. Turbervile who being sworn deposed That when the Parliament sat in Oxford about the middle of the Week he dined with Mr. Colledge Capt. Brown and Don Lewis Clerk of Derby-House at the Chequer-Inn in Oxford After Dinner Don Lewis went out about some Business and Capt. Brown went to sleep and Mr. Colledge and he fell a talking of the Times and he was observing he thought the Parliament was not a long-liv'd Parliament Whereupon Mr. Colledge answered That there was no Good to be expected from the King for he and all his Family were Papists and had ever been such Then said Turbervile the King will offer something or other by way of surprize to the Parliament Said Colledge I would he would begin but if he do not we will begin with him and seize him for there are several brave Fellows about this Town that will secure him till we have those Terms that we expect from him adding That he had got a Case of Pistols and a very good Sword and a Velvet Cap Giving Turbervile a piece of blew Ribbond to put in his Hat to be a distinction if there should be any disturbance Then Mr. Masters was sworn who deposed That he and Colledge had been long acquainted And that a little before the Parliament at Oxford about Christmass after the Parliament at Westminster at Mr. Charlton's Shop the Wollen-Draper in Paul's Church-Yard discoursing with him about the Government he was justifying of the late Long-Parliament's Actions in Forty He said That that Parliament was as good a Parliament as ever was chosen in the Nation and that they did nothing but what they had just cause for and that the Parliament that sat last at Westminster was of their Opinion and so he should have seen it And that another time he calling him in a jocose way Colonel Colledge bid him mock not for he might be one in a little time Then Sir William Jennings being sworn deposed That Colledge gave him one time a Picture and another time he saw him bring into a Coffee-House a parcel of blew Ribbond with No Popery No Slavery wrought in it and sold a Yard of it there to a Parliament-Man as he took him to be for 2 s. who tied it upon his Sword And that on that very Day the Parliament was Dissolved at Oxford he came to him standing in the School-House-yard telling him Mr. Fitz-Gerald had spit in his Face and that he spit in his Face again and that so they went to Logerheads together and that upon Sir William's telling him his Nose bled he said I have lost the first blood in the Cause but it will not be long before more be lost The Evidence for the King here ending Mr. Serj. Holloway briefly explained to the Jury that the seizing the Person of the King was in Law a compassing and intending his Death as it was worded in the Indictment which therefore they ought so to understand Then Mr. Colledge desired to be resolved these Questions upon the Evidence which he had heard 1. Whether any Conspiracy for which his Indictment was had been herein proved 2. Whether there ought not to be two Witnesses distinct to swear words at one and the same time And 3. Whether any Act of Treason done at London shall be given in Evidence to prove the Treason for which he was now
Papers that had been charged upon him that they were none of his nor did he ever own them for his nor could he ever make Pictures nor did he ever in his Life and that that very Person whom Mr. Dugdale said he owned he got it to be printed by had denied it before the King and Council Then Elizabeth Hunt the Prisoner's servant appeared who testified That about 7 or 8 Weeks before the seizure of the Papers a Porter brought three Bundles of Papers for her Master in his absence which lay in a Box in his Counting-house a Week or Fortnight before she told him of them And as to Mr. Dugdale that she going to him for Mony he owed her Master after he was in Prison and he not paying her it as he promised she said to him Sir I think 't is very hard that you should keep my Master's Mony from him and yet go and swear against his Life too he said to her There was a great deal of do about his swearing against her Master more than needs but as he hoped for Salvation he did not believe Mr. Colledge had any more hand in any Conspiracy against his Majesty than the Child unborn Mr. Colledge inform'd the Court that this Maid moreover told him in the Tower before he came away that Mr. Dugdale desired to be remembred to Mr. Smith Colledge's Counsel and told her he had nothing against her Master that could touch his Life or an Hair of his Head and that he knew nothing of a Plot against the King and that if he could help it he had as lieve he had given 100 l. he had never spoken what he had Which she own'd for truth and Dugdale then denied evading it by telling the Story another way Then Mrs. Godwin being called appeared who related concerning the Papers that three Messengers coming to search for them on the Saturday after her Brother's confinement and they not finding them she got her Brother-in-law George Spur to carry them away to his House at Busshie to secure them till they should know what they did concern Then Spur being called did not appear Then the Attorny General called for one John Shirland who appeared to be a Man that lived by his Shifts and had been whip'd in Bridewel who swore that Mr. Bolron would have given him 10 l. and an Horse to go down and swear against Sir Miles Stapleton Which Bolron denied Then Smith deposed likewise against Mr. Bolron that he told him as they were traveling that he had as much to say against Colledge as any Body and that if he would speak for him he would evidence against Sir John Brooks for a discourse at Ferry-Bridge Which Mr. Bolron deny'd likewise Then no more Witnesses being called Mr. Colledge began to make his Observations upon the Evidence to the Court Professing his own Innocency as to what had been sworn against him and upon what had been attested for him owning his Zeal for his King Parliaments Church of England and against Popery Relating how he came acquainted with Haynes and the discoveries he made to him of the Popish Plot and of Sir Edmondbury Godfrey's Murder for which the Court interrupted and reproved him as not to the purpose and then he went on to sum up his own Evidence complaining of his close Confinement so that he could not procure that Evidence he otherwise might have done for himself The Statute of Decimo tertio was read to him and then Mr. Colledge very pathetically recommending himself to the Justice of his Jury concluded his Defence Then Mr. Sollicitor General largely summ'd up the Evidence and Mr. Serjeant Jefferies and the Lord Chief Justice did the same Then the Court called for two Bottles of Sack which the Jury divided among themselves at the Bar for their Refreshment in the presence of the Prisoner After which a Bailiff was sworn and the Jury withdrawing to consider of their Verdict the Court adjourned for half an hour and when they returned the Jury brought the Prisoner in Guilty At which there was a great Shout given whereat the Court being offended one Person who was observed by the Cryer to be particularly concerned in the Shout was committed to Goal for that Night but the next Morning having received a publick Reproof was discharged without Fees Then it being about 3 a Clock in the Morning the Court adjourned to 10. At which hour the Court being sat and first Mr. Aaron Smith having entred into a Recognizance of 500 l. to appear the first day of the next Term at the Court of King's-Bench the Lord Chief-Justice after a short speech directed to the Prisoner pronounced Sentence upon him to be Hang'd Drawn and Quartered which was accordingly executed upon him over against the Gate of the Castle at Oxford on Wednesday August 31. 1681. And his Head and Quarters through his Majesty's Grace were delivered to his Relations and by them brought up to London and privately interred The proceedings at the Sessions-House in the Old-Baily London on Thursday November 24. 1681. before his Majesty's Commissioners of Oyer and Terminer upon on the Bill of Indictment for High-Treason against Anthony Earl of Shaftsbury The Grand Jury Sir Samuel Barnardiston John Morden Thomas Papillon John Dubois Charles Herle Edward Rudge Humphrey Edwin John Morrice Edmund Harrison Joseph Wright John Cox Thomas Parker Leonard Robinson Thomas Shepherd John Flavell Michael Godfrey Joseph Richardson William Empson Andrew Kendrick John Lane John Hall THE Lord Chief Justice Pemberton gave the Charge wherein he explained the Nature of Treason particularly from the Statute of the 13th Car. 2. and explained the Validity of two Witnesses and the Jury's present Duty After which a Bill of High-Treason was offered against the Earl of Shaftsbury and Sir Francis Withens moved That the Evidence might be heard in Court Then the Jury desired a Copy of their Oath which the Court granted and then they withdrew After some little time they returned and being called over by their Names The Foreman acquainted the Lord Chief Justice That it was the Opinion of the Jury and they claim'd as their Right that they ought to examine the Witnesses in private But the Lord Chief Justice deny'd that it was their Right but was their Advantage and it was the King's desire it should be publick in which also the Lord Chief Justice North concurr'd and then therefore the Indictment was read wherein the Earl of Shaftsbury was charged with High-Treason for conspiring the Death of the King and subversion of the Government The Jury then desired a List of the Names of the King's Evidence But they were told that they being indorsed upon the back of the Indictment which they were to have out with them it was needless Then they requested to see the Warrant by which the Earl of Shaftsbury was committed but that they being told that the Lieutenant of the Tower kept for his Indemnity could not be granted Then they requested that the Evidence might
Mr. John Wright but with Patience we must submit to the Almighty who can as well raise up Instruments to do his Work as change Hearts of which we have so great an Instance in the business of the D. of Monmouth that no Age or History can parallel I am now throughly satisfied that what was printed in the Mondays Gazet is utterly false and you will see it publickly so declared shortly The King is never pleased but when he is with him hath commanded all the Privy Council to wait upon him and happy is he that hath most of his Favour His Pardon was sealed and delivered to him last VVednesday 'T is said he will be restored to be Master of the Horse and be called into the Council Table and to all his other places And 't is reported he will be made Captain General of all the Forces and Ld. High Admiral c. He treats all his old Friends that daily visit him with great Civilities they are all satisfied with his Integrity and if God spares his Life doubt not but he will be an Instrument of much good to the King and Kingdom He said publickly that he knew my Ld. Russel was as Loyal a Subjects as any in England and that his Majesty believed the same now I intend shortly to wait on him my self It would make you laugh to see how strangely our high Tories and Clergy are mortified their Countenance speak it Were my Shesorary to be moved for now it would be readily granted Sir George is grown very humble 'T is said Mr. Sidney is reprieved for 40 days which bodes well Mr. Kedder sat with me sometime this Evening There being no more in the Record The third Letter was then read which was directed for Mr. Edward Gael Linnen-Draper at Ipswich and dated Decemb. the 1st 1683. Mr. Gael This Evening Mr. Kedder came and sat with me when I acquainted him what you and others writ me in reference to himself as also of the Death of Mr. Wright which he was sorry for He protested if he could perswade his Wife he would accept of Ipswich choice notwithstanding all the Discouragement he had met with One more he acquainted me with that had seen a Letter from Mr. Cutliffe to Dr. Clegat extreamly discouraging him from coming to Ipswich where if he did come said would find himself mistaken for that would never enjoy Quietness or Peace notwithstanding his Balsamick Temper c. as he call'd it These things frights Mr. Kedder who I am now perswading so soon as he is up again to go down for a Month or two and then if he doth not like the Place and People he may return hither again This I resolve to press hard on Monday when have promised to dine with me as also Mr. Hodges Be confident I shall think nothing too much to effect this Business though one or other still pulls down as fast as I build up Here is now a door of Incouragement opened for sober Men to come into publick Employment You will undo the Town of Ipswich if you bring not sober Men into play For God's sake consider of it Perswade Mr. Snelling or some sober Men to come in their two Ports-mens places void for other matters I refer you to Sir P. The late change here in publick Affairs is so great and strange that we are like Men in a Dream can hardly believe what we see and fear we are not fit for so great a Mercy as the present Juncture seems to promise The E. of Macclesfield is bringing Actions of Scandalum Magnatum against all the Grand Jury-Men that indicted him at last Assizes And the several Gentlemen that were indicted in Cheshire and Northamptonshire will bring their several Actions at Law against them Acquaint Mr. Snelling we received the two Barrels of Oysters and two couple of Ducks and desire him to take Mony of Buckle for them I rest Yours c. The 4th Letter was directed to Mr. William Cavell at Brightwell near Ipswich in Suffolk and dated London Decemb. the 4th 1683. Only that part of it was read which was in the Record and that was this Contrary to most Mens Expectations a Warrant is signed at last for beheading Col. Sidney at Tower-hill next Friday Great Endeavours have been used to obtain his Pardon but the contrary party have carried it which munch dasheth our hopes but God still governs Acquaint Buckle here is no News of Crafton Hoy notwithstanding the Wind is fair 't is his Practice always to loiter by the wap I rest Your Loving Friend c. To this Mr. Williams of Counsel for the Defendant pleaded that the Letters had no name to them nor was there any Proof of their being published no more than that Sir Samuel did not deny the publishing of them and own'd they were sent to the Post-house winch being directed to a private Friend he left to the Judgment of the Court whether that was publishing a Libel That there was no malice proved to which the Ld. Ch. Justice replied that the thing was Evidence it self c. Then Mr. Williams observed that Records had been mention'd in the Information but not prov'd which not being in Court they were sent for and the Jury were set by the Court going oâ— in some other Causes and about an hour 〈◊〉 half after the Records were brought and tâ—â— Cause was resumed and Mr. Tindal being sworn put in the Records of the Attainder of the Ld. Russel and Col. Sidney part whereof was read and the Counsel for the Defendant having no more to say the Ld. Ch. Justice summ'd up the Evidence with great Bitterness declaring the Letters were factious seditious and malicious and as base as the worst of Mankind though he had all the Provocation that ever could be given a Man to libel another could ever have invented And that they tread very near upon the Borders of High-Treason it self Calling it Cozen-German to High-Treason c. After which the Jury laid their Heads together in the place where they stood and being presently after agreed upon their Verdict The Foreman gave it in That the Defendant was guilty of the Misdemeanour charged on him by the Information The Sentence of Court was That he should pay to the king a Fine of 10000 l. and find Sureties for his good Behaviour during Life and to be committed till the same be performed Proceedings in the Court of King's-Bench against Mr. James Hollaway April 21. 1684. JAmes Holloway of ' Bristol being fled out of England was Indicted for High-Treason for Conspiring the Death of the King and subversion of the Government c. And not appearing to Answer the Indictment was thereupon outlawed and being discovered by his Factor at Nevis to whom he had written about his Effects there was taken at St. Estatia one of the Caribbe Islands by the Deputy-Governour of St. Christophers and sent into England and there Committed to Newgate and upon Monday the 21st of April
1684. was brought from thence by Habeas-Corpus to the Bar at the King's-Bench at Westminster where being Arraign'd he was told of his being Indicted and Outlaw'd and thereby Attainted for High-Treason and ask'd what he had to say why Execution should not be awarded against him upon that Attainder To which be reply'd that since he had made an Ingenuous Confession to his Majesty of all that he knew of any manner of Conspiracy against him he hoped That would render him Capable of Mercy and Pardon Upon which the Attorny-General offer'd him a Trial that if he had any thing to say he Defend himself from the Indictment but he Confessing himself Guilty of many things therein declin'd it and threw himself wholly upon the King's Mercy But the Court telling him that the King was the Dispenser of his own Mercy and that they were only to Execute his Justice gave a Rule for his Execution upon Wednesday Sevennight after there being no other Judgment to be pronounced in such Cases as the Court told the Attorny-General when he moved for it the Outlawry it self being the Judgment Which accordingly was Executed upon him on Wednesday the 30th of April 1684. at Tyburn Proceedings in the Court of King's-Bench against Sir Thomas Armstrong June 14. 1684. Sir George Jefferies being Lord Chief Justice SIR Thomas Armstrong Kt. was upon the 14th of June 1684. brought by a Writ of Habeas-Corpus from Newgate to the Bar of the Court of King's-Bench at Westminster and there Arraign'd upon an Outlawry of High-Treason for conspiring the Death of the King c. And being ask'd what he had to say for himself why Sentence should not be awarded against him upon that Attainder pleaded his being beyond-Sea at the time of the Outlawry and desired to be tried upon the Indictment Which the Court refusing to grant him he pleaded the Statute of the 6th of Edw. the 6th which gives the Person Outlaw'd a Year's time to reverse the Outlawry and desired it might be read which accordingly was done But it appearing by the Statute That the Person Outlaw'd ought to render himself to the Chief Justice of England within a Year's time Sir Thomas was told this did not concern him for he had not rendred himself but was taken and brought thither against his Will To which he answered That the Year was not then expir'd fie was there and did now render himself and pray'd Counsel might be assign'd him to argue it in Point of Law but the Court over-rul'd him in it telling him There was no such Doubt or Difficulty in the Matter as to need any such thing Upon which insisting much upon his Innocency and offering to make proof of it if he might be admitted to a Trial he produc'd Holloway's Case as a Precedent for it who had but a little before been offer'd it at the same Place but the Court told him that what had been done therein was meerly from the King's Grace and Mercy and that the King might extend the same Mercy to him also if he so pleas'd but since he had not done so and it not being their Business they must proceed to award Execution upon the Outlawry Upon which Mrs. Matthews Daughter to the Prisoner call'd out to the Court not to Murder her Father For which the Chief Justice caus'd her to be committed to the Marshal and accordingly she wishing that God Almighty's Judgments might light upon them was carried away the Chief Justice saying That he thanked God he was Clamour-proof After which the Attorn Gen. offered to shew the Reasons why the King extended that Grace to Holloway but ought not to extend it to Sir T.A. as not at all deserving any sort of Indulgence or Mercy but that having relation to the Evidence and not to the Outlawry the Court refus'd to hear any thing of it and so proceeded to give a Rule for his Execution the Friday following telling him upon his earnest pressing to have the Benefit of the Statute he had cited the he should have the Full Benefit of the Law And accordingly on Friday the 20th of June he was Executed at Tyburn Mrs. Matthews upon a Petition being before releas'd out of Custody without Fees The Trial between Sir William Pritchard Kt. and Alderman of the City of London Plaintiff and Thomas Papillon Esq Defendant in an Action upon the Case at the Sessions of Nisi Prius holden for the Court of Kings-Bench at the Guild-hall in the City of London on Thursday the 6th of November in Michaelmas Term in the 36th Year of the Reign of King Charles the Second 1684. Before Sir George Jefferies Kt. and Baronet then Lord Chief Justice of the said Court of Kings-Bench SIR William Pritchard late Lord Mayor of the City of London having in Easter Term last brought an Action upon the Case for falsly maliciously and without probable cause procured him to be arrested and imprisoned in his Mayoralty against Thomas Papillon Esq The Defendant pleaded Not Guilty and thereupon issue being joined it came this day to be tried before the Lord Chief Justice Jefferys and the Jury sworn to try this Cause were these Bartholomew Ferryman Thomas Blackmore Thomas Symonds William Whatton John Green Thomas Amy Joseph Baggs Daniel Chandler John Reynalds John Allen Joseph Caine William Withers jun. Then Mr. Munday being of Counsel for the Plaintiff opened the Case to which Mr. Attorney General added something And then Mr. Solicitor General called Mr. Keeling who being sworn deposed That on April the 24th he being sent for by a Letter from Mr. Goodenough came to Mr. Russel's a Cooks-shop in Iron-monger-lane to meet him where were 30 or 40 Persons together By whom while he was gone for a little while his Name was put into a Warrant to be a special Bailiff to arrest the Lord Mayor which he seeming unwilling to do was urged thereto for fear of displeasing the Discontented Party which he said were such as he and the Goodenoughs were of even such as would have killed the King and the Duke that being prevailed upon he went along with the Coroner Mr. Burton and Mr. Francis Goodenough to Grocers-hall where Sir William Pritchard kept his Mayoralty to whom the Coroner came up and said he had a Warrant against him and therefore pray'd him to give an Appearance at the Suit of Mr. Thomas Papillon and another at the Suit of Mr. John Dubois whereupon some Words passed between them and the Lord Mayor refusing to give any Appearance the Coroner bid us execute our Warrants upon which he came up to the Lord Mayor and touched him upon the Shoulder telling him that he did arrest him at the Suit of Thomas Papillon Esq and one Ferdinando Burley arrested him then again at the Suit of Mr. John Dubois and then the Coroner dismissing them and taking the Lord Mayor into his own Custody he went thence to Sir Henry Tulse's and arrested him also Then Sir Henry Tulse being called and sworn deposed that about
the Ld. Ch. Justice Scroggs on Wednesday Feb. 11. 1679. THere the Prisoner was arraigned upon an Indictment for High-Treason for conspiring the Death of the King the Subversion of the Government and the Protestant Religion on Saturday January 24 1679. To which he pleaded Not Guilty desiring a Jury of his own Country-Men which was promised him and some Friend to assist him because he was deaf being above 85 Years of Age. On Wednesday Feb. 11 following the Prisoner being brought to his Trial the Jury sworn after several Challenges were Sir Thomas Hodson Richard Beaumount Esq Stephen Wilks Esq Jervas Rockley Esq Robert Leeke Esq William Batt Esq Charles Best Esq John Cross Esq Barton Allett Esq William Milner Esq John Oxley Esq Francis Oxley Esq To whom the Indictment being read Mr. Dormer Serj. Maynard and Mr. Attorn Gen. opened the same And then Mr. Bolron being sworn deposed that he came to live with Sir T. Gascoyne in 1674 as Steward of his Cole-works and in 1675 he being fearful of his Estate lest it might be liable to be forfeited to the King he was a Witness to a collusive Conveyance thereof and saw him colourably receive 1000 l. of Sir William Ingleby he and one Matthias Higgringil helping to count the Money In 1676 he heard the Prisoner say to one Christopher Metcalf that he was resolved to send 3000 l. to the Jesuits in London for the carrying on of the Design and that he would return it by 300 l. at a time to prevent Suspicion by the hands of Richard Phisicke and about the beginning of 77 he heard the Prisoner say that he had returned it and that if it had been a thousand times as much he would be glad to spend it all in so good a Cause In 77 that there was a Consult at Barnbow-Hall in Yorkshire which is the Prisoner's House where was Sir Miles Stapleton Charles Ingleby Esq Esquire Gascoyne the Lady Tempest Thomas Thwing Sir VValter Vavasor Sir Francis Hungate Mr. Middleton Robert Killinbeck a Jesuit and VVilliam Rushton a Priest their discourse was about establishing a Nunnery at Dolebank in hopes that the Plot of killing the King would take effect resolving they would venture their Lives and Estates to further it And the Prisoner concluded to give 90 l. a Year for ever for the maintenance of this Nunnery Upon which they all agreed that after his Death he should be canonized a Saint Accordingly the Prisoner did erect a Nunnery at Dolebank near Ripley where Mrs. Lashalls was Lady Abbess Mrs. Beckwith and Mrs. Benningfield her Assistants Ellen Thwing Eliz. Butcher Mary Root others were Nuns here they were to reside till the King was kill'd and then to remove to Heworth near York and here they did reside near a Year and an half till the Plot was discovered and he had seen several Leters from them to the Prisoner That about March last Esquire Gascoyne and Mr. Middleton got Licences from a Justice of Peace to travel to London and he heard them tell the Prisoner they designed to fly into France and accordingly sold off their Goods the Prisoner approving their Resolution That on May the 30th last the Prisoner bid the Witness go into the Gallery where one VVilliam Rushton his Confessor came to him and discours'd him about his having taken the Oath of Allegiance telling him it was a damnable Sin he having thereby denied the Power of the Pope to absolve him from it but that the Pope had Power to depose the King and had done it and that it was a meritorious act to kill the King and if he would undertake to do it he would assist him and give him Absolution quoting that Scripture Thou shalt bind their Kings in Fetters and their Princes in Chaines concluding that the King was deposed and it was meritorious to kill him and that unless he would turn Roman Catholick the Pope would give away his Kingdoms to another The same day the Prisoner talked with him in his Chamber and inquired of him what Rushton had said to him which he told him and then taking him by the hand the Prisoner told him if he would undertake a design that he and others had to kill the King he would give him 1000 l. but refusing to be concerned in Blood he desired him of all Love to Secresy That in September 1678. he heard the Prisoner tell his Daughter Lady Tempest that he would send 150 l. to Dolebanke in hopes the blow would be given shortly which she seemed to like and he heard a Letter read afterwards from Cornwallis that he had received it but it was too little for the carrying on so great a Design That he was a Protestant when he came first to the Prisoner's Service and turn'd Papist about VVhitsontide 1675. and left his Service in good Friendship July the 1st 1678. and turn'd Protestant again in June 1679. when he first made this discovery Mr. Mowbray deposed that he came to lie with Sir Tho. Gascoyne the beginning of 1674. and used to wait upon him in his Chamber and to be diligent in attending Mr. Rushton his Confessor at the Altar who therefore permitted him to be present in his Chamber where he heard him and other Priests discoursing in 1676 of a Design laid for setting up Popery and how likely it was to succeed most of the considerable Papists in England having engaged to act for it and if it could not be done by fair means force must be used declaring that London and York must be fired and that the King in Exile had promised the Jesuits beyond Sea to establish their Religion whenever he was restored which they now despaired of and therefore he was adjudged an Heretick and was to be killed and Rushton told the other Priests that according to Agreement he had given the Oath of Secresy and the Sacrament to the Prisoner and his Son and Daughter who had engaged to be faithful active and secret That about Michaelmas there was another meeting of these Priests and others where they declared that the King was an Heretick and that the Pope had excommunicated him and all other Hereticks in England Scotland and Ireland and that force was to be made use of And then did Rushton produce a List of about 4 or 500 Names of them that were engaged in the Design of killing the King and promoting the Catholick Religion which Rushton read over among which were the Names of the Prisoner Tho. Gascoyne Esq the Lady Tempest Mr. Vavasor Sir Francis Hungast Sir John Savile the two Townleys Mr. Sherborn and others and he knew the Prisoner's Name to be writ by his own hand They declared also that the Pope had given Commission to put on the Design with speed and had given a plenary Indulgence of 10000 Years for all that should act either in Person or Estate for killing the King and setting up Popery in England besides a Pardon and other Gratifications That the Priests that used
thus to visit Rushton were one Addison Fincham Stapleton Killingbecks and Thwing the elder That about the same time he heard the Prisoner the Lady Tempest Sir Miles Stapleton Dr. Stapleton and Rushton discoursing the same things and unanimously conclude that it was a meritorious Undertaking and for the good of the Church wherein they would venture their Lives and Estates Then Sir Thomas Gascoyne's Almanack was produced and several short Notes read out of it which he owned to be writ by himself viz. The 15th to Peter for a 100 l. to Corker Q. of Mr. Corker what Bills for how much and to whom directed he hath received of me since July the 21st 1677. to June 1678. Vid. the Book p. 45. and the great Book fol. 54. where you may find 8 for 900 l. and agree in this account Corker the 7th of August 1678. Take Heworth at easy rent of the Widow and purchase the Reversion of Craddock and in the interim Dawson Mr. Harcourt next house to the Arch within Lincolns-Inn-Fields Mr. Parrs April the 15th 1676. Memorand Aquaint Mr. Thomas Thwing with the whole Design Concerning all which the Prisoner gave but a very shuffling account Then two Letters from Placid alias Cornwallis to Sir Tho. Gascoyne and found among his Papers by Bolron were read The first was dated from Dolebank June the 9th 1678. expressing Thanks for his charitable Favours and speaking of a Proviso to be inserted into the formal Writing viz. That if England be converted then the whole 90 l. per annum is to be applied here in Yorkshire about or at Heworth c. requesting the formal Writing might be drawn as soon as possible and without making any material Alteration from what he had already signed save only the Proviso above written The other was dated from York-Castle May the 24th wherein he acquaints him with his Confinement and others and how chearful they were in hopes God would make all Catholicks of one mind for that he had a Letter from their Superiour at London who was the same day taken and carried to Prison wherein he declares alledging Authority That the pretended Oath of Allegiance cannot be taken as it is worded adding that three Breves have formerly been sent from the Pope expresly prohibiting it and in the third it is declared damnable to take it And that the day before they had a Letter communicated to them sent by Mr. Middleton now at Paris to his Friends here containing the Attestation of all the Sorborn Doctors against it adding that whosoever here in England give leave they deceive the People and are contrary to the whole Church That there was also a meeting some Years ago of all the Superiors both Secular and Regular wherein it was unanimously declared that it could not be taken c. Then Mr. Phiswick deposed that he had returned great sums of Money for the Prisoner at London To all this the Prisoner in his own defence called several witnesses against the Credit of the Kings Witnesses who had deposed this against him Mr. Babbington testified that there was last Spring some Debates and Differences about Rent and Money that was owing by Bolron to the Prisoner That he being the Prisoner's Attorney laboured and interceded often an Bolron's behalf but at length not being able to prevail that he should not be sued Bolron swore that he would then do that which he did not intend to do Obadiah Moor said that Bolron got him to be bound with him telling him he needed not fear any Suits because if Sir Thomas sued him he would inform against him for keeping Priests And that since he discover'd he desired him to be kind and not to harm him because he had often denied and sworn it that Sir Thomas was not concerned in this Plot. Stephen Thompson said that he also being bound with Bolron for the Mony he urged him for Paiment who on Holy-Thursday told him that if Sir Thomas did sue him he would do him an ill turn William Blackhouse said that when he went to fetch Bolron and his Wife to testify what they knew before a Justice of Peace that Bolron's Wife said she knew nothing against Sir Tho. Gascoyne but Bolron said she must go or he would have her drawn at the Cart's Arse Hamsworth said he heard Bolron threaten his Wife to tie her to the Horses Tail if she would not go to swear against the Prisoner against whom she said she knew nothing Nicholas Shippon said that on May the 30th last Bolron was at his House from two a Clock till an hour after Sun-set which Bolron denied saying he was not there above half an hour being the rest of the day at Sir Tho. Gascoynes seeing them mark Sheep Roger Gresson said that in August last Bolron being newly come from London and he inquiring how Sir Tho. Gascoyne did who was then in the Tower he told him he was well and may come off well enough but it would cost him a great deal of Mony And that the King was at Windsor where one of the privy Council made an attempt to stab him but the King made his escape and how they would believe his Informations the better James Barlow appeared to have spoken to a Combination between him and Mowbray to have wrong'd the Prisoner of some Mony but he being a Person concern'd with the Prisoner in the Plot was not suffered to speak George Dixon a Cloth-worker in Leeds said he saw Mowbray and Bolron a drinking in August last at William Batley's near the Old Church in Leeds and over-heard them contriving to swear against the Prisoner and the Lady Tempest but Mowbray said he knew nothing against Sir Thomas but that if he knew any thing against the Lady Tempest he would discover it for he would hang her if he could William Batley testified the same only they contradicted one another this Man saying they stood at the head of the Stairs the other at the foot one saying they could see them the other that they could not Mrs. Jefferson said that in August last she heard Mowbray say that he thought Sir Tho. Gascoyne was an honest Man and wrongfully accused Matthias Higgringil said that in September last Mowbray and Mr. Legat being at an Ale-house consulting how to disgrace the Prisoner and take away his Life Mowbray called him aside and told him now he should match them meaning Sir Tho. Gascoyne and the Lady Tempest for that they had done what they could to disgrace him he having been charged with taking away some Silver and Gold but now he would requite them Francis Johnson only said the prisoner had sustained Losses by Bolron but knew of no Malice between them Mr. Pebles Clerk of the Peace in the County of York said he met with Bolron last Assizes at York and after some discourse Bolron told him he had something against him and afterwards got a Warrant of the Council against him for keeping a Man from taking the Oath of