Sacred Majesty for which he had been Arraigned the day before and pleaded Not Guilty And therefore his Jury being Imparinelled and none of them challenged by him the same was read now to them viz. Sir Philip Matthews Sir Reginald Foster Sir John Kirke Sir John Cutler Sir Richard Blake John Bifield Esq Simon Middleton Esq Thomas Cross Esq Henry Johnson Esq Charles Vmphrevil Esq Thomas Eaglesfield Esq William Bohee Esq To this Indictment Sir Creswel Levins Serjeant Maynard and the Attorney General briefly spoke The Attorney General giving this Account why they chose first to bring this Man to trial That it was to convince those who believed all Designs against the King's Person by any Papist was but a Fiction this Man being a Papist and having said these words even since the discovery of the Plot. And for the proof hereof then appeared William Casters who deposed That on the 14th Instant about 11 a Clock in the Day he saw Stayley with another a Frenchman in a Victualling-house who called for a Pot of Ale and a Slice of Roast-Beef which when it was called for his Landlord said it should be brought him He was in another Room opposite to him both the Doors being open Stayley standing at one Door and he at the other his Face strait towards him and within 7 or 8 foot of him and discoursing with the French-man he heard Stayley twice over in French say The King was a Grand Heretick making his Demonstration with his Hand upon his Breast stamping five or six times with his Foot in great fury That the old Man Fromante his Friend said That the King of England was a Tormenter of the People of God and that Stayley answered again in a great fury He is a great Heretick and the greatest Rogue in the World There 's the Heart and here 's the Hand that would kill him And the King and Parliament think all is over but the Rogues are mistaken Then stamping said I would kill him my self I would kill him my self Then Alexander Southerland deposed that he also was there and perfectly saw Stayley while he Apoke those words which presently he writ down in French as they were spoken And then the Prisoner being gone they enquired his Name and where he live and the next day got him apprehended The third Witnes was one Philip Garret who not understanding French could only depose That being with the other two he heard Stayley speak Whereupon his Captain William Casters cam to him in a great passion and said he could not suffer it he would run upon him he could not be quiet To all which the Prisoner made but a weak Defence relating the manner of his Apprehension and saying That his discourse with Fromante was about the King of France and that he said he would kill himself instead of I will kill him my self alleadging his Loyalty and protesting his Innocence and how that the Witnesses after his apprehension would have had him took it up Then the Statue of Decimo tertio was read and Sir John Kirke one of the Jury who understood French attested that Translation of his words to be true Then the Prisoner's Witnesses were called who were one Anselm the Master of the Cross-Keys in Covent-Garden where the Prisoner was brought when he was apprenhended who deposed That they kept him in his House from 8 till 11 without any Constable Which the Witnesses answered was because they could get no Constable to come along with them without a Warrant from a Justice of Peace and that they sent to White-hall and desired a Guard but the Officer said it was the Constables part Another Witness appeared for the Prisoner who testified that he had often heard him declare much Loyalty to his Prince and an aversion to the Jesuits insomuch that if he knew any of the Persons concerned in this Plot he would be their Executioner himself and that he would lose his Blood for the King But the Ld. Ch. Justice reply'd That was his discourse only when he spoke to a Protestant Then the Prisoner having no more Witnesses nor any thing more to say for himself the Ld. Ch. Justice made a Speech to the Jury setting forth the Treasonableness of the Words and the manner of speaking them and the plainness of the Proof with great zeal against the Jusuits and their Tenants whom he look'd upon as the Foundations of all this Mischief excusing his warmness saying 'T was better to be warm here than in Smithfield and that he hoped he should never go to that Heaven where Men are made Saints for killing Kings The Jury then presently brought the Prisoner in Guilty who said he had nothing more to say so Sentence was pronounced against him to be Hang'd Drawn and Quartered and the same was accordingly executed upon him at Tyburn on Tuesday following being Novemb. 26. It was his Majesty's pleasure because of the Prisoner's seeming Penitence and his Relations humble Petition to suffer his Body to have a decent private Burial But his Friends abusing this gracious Favour with a publick and more than ordinary Funeral Pomp his buried Quarters were ordered to be taken up and to be disposed by the Common Executioner upon the Gates of the City The Trial of Edward Coleman Gent. at the King's-Bench Bar on Wednesday Novemb. 27. 1678. HE then and there appearing having been Arraigned the Saturday before his Indictment was read to the Jury viz. Sir Reginald Forster Bar. Sir Charles Lee. Edward Wilford Esq John Bathurst Esq Joshua Galliard Esq John Bifield Esq Simon Middleton Esq Henry Johnson Esq Charles Vmfrevile Esq Thomas Johnson Esq Thomas Eaglesfield Esq William Bohee Esq His Indictment was for endeavouring to subvert the Protestant Religion and introduce Popery and kill the King Whereto he having pleaded Not Guilty Mr. Recorder Serjeant Maynard and then the Attorney General severally spoke opening the Nature and shewing the heighnousness of the Crimes therein charg'd upon the Prisoner After which the Prisoner praying for a favorable Trial and professing that he had confessed all the Truth in the Examinations that had been made of him in Prison and that he gave over his Corresponding beyond-Seas in 75. Dr. Oates was called forth who deposed That in November last he visiting one John Keins his Father Confessor lodging at Mr. Coleman's House in Stable-Yard Mr. Coleman by him understanding that he was going to St. Omers told him That he would trouble him with a Letter or two thither and would leave them with one Fenwick Procurator for the Jesuits in London Which Letters he carried to St. Omers being directed for the Rector there and was at the opening of them The out-side Sheet was a Letter of News and in it Expressions of the King calling him Tyrant and that the Marriage between the Prince of Orange and the Lady Mary would prove the Traytor 's and Tyrant's Ruin In it was a Latin Letter to Father Le-Chese writ by the same Hand giving
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
then an Army to have appear'd to have cut off those that might escape the Massacre that these Consultations were in Staffordshire one at Tixal another at Boscobel at my Lord Aston's and Mr. Gerrard's Also that Mr. Ewers received a Letter on Munday dated on Saturday from Mr. Harcourt which did express and begin thus This very night Sir Edmondbury Godfrey is dispatched with some other words of like Import Then Mr. Prance deposed that he was told by the Lord Butler that one Mr. Messenger a Gentleman of the Horse to the Lord Arundel of VVarder was by him imployed and the Lord Powis to kill the King for a good Reward That Mr. Harcourt in his hearing said that the King was to be killed by several And that Fenwick said Mr. Langhorn was to have a great hand in it That then an Army of 50000 Men was to be raised and governed by the Lords Arundel and Powis to rain the Protestants and settle the Catholick Religion whereof he hath heard Fenwick Ireland and Grove speak at the same time together Then for the Proof of the particular matters of the Indictment Dr. Oates was sworn who deposed That in April 1677 he went into Spain and in September following Mr. Langhorn's Sons came thither the one a Scholar of the English Colledg at Madrid the other of the English Colledg at Valladolid to study Philosophy in order to their receiving of the Priesthood That in November following he returned into England and brought Mr. Langhorn Letters from his Sons which he delivered soon after his Arrival to him telling him at the same time that he believ'd his Sons would both enter into the Society whereat Mr. Langhorn seem'd mightily pleased saying that by so doing they might quickly come to Preferment in England for that things would not last long in the posture they were in That in the latter end of November he returning to St. Omers Mr. Langhorn deliver'd to him a Pacquet to carry thither wherein when it was opened he saw a Letter from him to the Fathers giving them thanks for their care and kindness towards his Sons promising them to repay them their charges of his Son's Journey into Spain which was 20 l. telling them that he had writ to Father Le Chese in order to their Concerns saying that Mr. Coleman had been very large with him and therefore it would not be necessary for him to trouble his Reverence with any large Epistles at that time which Letter he saw not only this account of it That there was in March or April after another Letter from Mr. Langhorn to the Fathers at St. Omers about an extravagant Son of his wherein he also express'd his great care for the carrying on of the Design of the Catholicks and that the Parliament began now to flag in promoting the Protestant Religion and that now they had a fair Opportunity to begin and give the Blow That in April or May when the Consult was to which several of them came over from St. Omers and at which tho Mr. Langhorn was not present yet that he had Orders from the Provincial to give him an account of what Resolutions and Passages and Minutes pass'd and this he did as well as he could telling him who went Procurator to Rome which was one Father Cary that several of the Fathers were to be admonished for their irregular living as they termed it and that it was resolv'd that the King should be kill'd that Pickering and Grove should go on to do it for which Grove was to have 1500 l. and Pickering 30000 Masses upon the hearing of which Mr. Langhorn lift up his Hands and Eyes and prayed God that it might have good Success That then he saw in Mr. Langhorn's Chamber seven or eight Commissions whereof there were about fifty by Virtue of a Breve from the Pope directed to the General of the Society and signed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Johannes Paulus de Oliva those he saw were for the Lord Arundel to be Lord Chancellor of England the Lord Powis to be Lord High Treasurer the Lord Bellasis to be General the Lord Peter to be Lieutenant General the Lord Stafford to be Pay-Master or some such office in the Army Mr. Coleman to be Secretary of State and Mr. Langhorn to be Advocate of the Army That he saw the Answers of Le Cheese and Anderton who was Rector of the Colledg at Rome to Mr. Langhorn's Letters to them and carried the Originals of them to the Fathers who requested them from Mr. Langhorn wherein Le Chese did assure him of his Stedfastness and Constancy to assist the English Society for the carrying on the Cause And that they should not need doubt but the French King would stand by them That Mr. Langhorn was employed as Solicitor for the Jesuits and went with Harcourt Fenwick Keines and Langworth and communicated the Secret to the Benedictine Monks desiring them to stand by them with a Sum of Money for the carrying on the Design upon which as he heard that 6000 l. was promised and that Mr. Langhorn was to receive it which though he could not prove that he had yet that he was sure he was much disgusted that Sir George Wakeman was not contented with 10000 l. to poison the King saying he was a covetous Man that it was in a Publick Concern and that being it was to carry on the Cause it was no matter if he did it for nothing but he was a narrow-spirited and a narrow-soul'd Physician That Mr. Langhorn also did know of 800000 Crowns come to France for England from the Congregation at Rome Then Mr. Bedloe being sworn there was as a Confirmation of what Dr. Oates had deposed concerning the Commissions an Instrument produced found by Mr. Bedloe in searching Mr. Arthur's Study a Papist a good while after Dr. Oates had given his Testimony publickly signed and seal'd just as the Commissions were He then deposed that about three Years since he was sent by Mr. Harcourt and Mr. Coleman with Letters to Le Chese that the Letters were writ at Coleman's House and brought open by Mr. Coleman to Mr. Langhorn's Chamber in the Temple where the Prisoner read and registred them and then Coleman sealing them up gave them to him to carry away The effect of which was to let Le Chese know that they waited only now for his Answer how far he had proceeded with the French King for sending of Mony for they only wanted Mony all other things were in readiness That the Catholicks of England were in safety had made all Places and all Offices to be disposed of to Catholicks or such as they thought would be so that all Garisons were either in their own Hands or ready to be put into them that they had so fair an Opportunity having a King so easy to believe what was dictated to him by their Party that if they slipp'd this Opportunity they must despair of ever introducing Popery into England for having a
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
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
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
Sir John Gage of Sussex which the Witness saw to be an Officer in the Army That in August there was a Consult whereat Fenwick was wherein there was a Design laid for killing the Duke of Ormond and raising a Rebellion in Ireland to which VVhitebread also consented when he came over as appears by their Entry-Books That in September VVhitebread having had Intimation from one Beddingfield of the Plots being discover'd and of the suspicion they had of the Witness being waited upon at his Lodgings upon his coming over by the Witness he beat affronted and reviled the said Witness commanding him to go beyond Sea again assaulting him in his Lodging afterwards to have murthered him being jealous that he had betrayed them He deposed also that Grove did go about with one Smith to gather Peter-Pence and that he saw the Book wherein it was entred And confessed to him that he with three Irish Men did fire Southwark for which Grove had 400 l. and the other three 200 l. a piece Then Mr. Bedloe deposed That he had been five Years almost employed by the Jesuits and the English Monks in Paris to carry and bring Letters between them from and to England for the promoting of this Plot Relating how Harcourt began to employ him and naming the particular places whither he had been sent to shew the Reasons of his knowledg in this matter saying that in all their Consults wherein he was it was always concluded on That they would not leave any Member of any Heretick in England that should survive to tell in the Kingdom hereafter that there ever was any such Religion in England as the Protestant Religion Then he proceeded to depose that in August last there was a Consult at Harcourt's Chamber about killing the King as Pritchard inform'd him and of sending the four Ruffians to Windsor who failing it was afterwards concluded Pickering and Grove should go on and Conyers be joyned with them to assassinate the King in his Morning-Walks at New-Market this he heard in Harcourt's Chamber in August also Grove and Pickering and Pritchard and Fogarthy and Harcourt and the Witness being present And Grove being more forward than the rest said Since it could not be done clandestinely it should be attempted openly That those that fell had the Glory to die in a good Cause But if it were discovered the Discovery could never come to the heighth but their Party would be strong enough to bring it to pass That Grove was to have 1500 l. and Pickering a considerable number of Masses That there was a Discourse at the same time of a design to kill several Noble Persons Knight was to kill the Earl of Shaftsbury Pritchard the Duke of Buckingham Oneile the Earl of Ossory and Obrian the Duke of Ormond Then a Letter was produced and read in Court sworn by Sir Thomas Doleman to have been found among Harcourt's Papers four or five days after Dr. Oates had given in his Informations from one Edward Petre giving account when the Consult was to be as ordered by their Provincial Whitebread mightily confirming Dr. Oates's Evidence as to that particular Then the Seals also were shewn in Court that were made use of to sign Commissions taken out of VVhitebread's Chamber Then the King's Counsel here ending their Evidence the Lord Chief Justice took notice to the Jury that there had only one Witness sworn against Whitebread and Fenwick Bedloe charging them with nothing of his own knowledg and that therefore he would discharge them of them and accordingly he sent them back to the Goal And the other three were called upon to make their Defence which was only a bare denial of the Matter of Fact Only Ireland being charged in August laboured very much to prove that he was out of Town all that Month by the Testimony of his Mother and Sister and one Harrison Sir John Southcott's Coachman and one Gifford His Mother and Sister saying expresly that he went out of Town August 3d and Harrison that he saw him at St. Albans August 5th and continued in his Company to the 16th and Gifford that he saw him at the latter end of August and beginning of September at Wolverhampton tho it was reproved by very good Circumstances and upon Oath for the King by Sarah Pain Servant to Grove that she saw him at his own door in London about the 12th or 13th of the same Month. His next Defence was a weak Reflections upon Dr. Oates's Credit to which purpose an Indictment for Perjury never prosecuted was urged against him but the Attourny-General made slight of it as of a thing that had nothing in it Neither was that which Sir Dennis Ashbournham said of greater force concerning the Irregularities of his Childhood which he said would have staggered his Belief of what the Doctor had deposed if the matter had depended solely upon his Testimony but being so corroborated with other Circumstances he was convinced of the Truth of what he had discovered nor did he think any thing could be said against Dr. Oates to take off his Credibility The Lord Chief Justice then summ'd up the Evidence smartly inveighing against the Principles and Doctrines of Popery After which the Jury retired for a very little while and then brought those three Prisoners in Guilty And then the Court Adjourn'd till the Afternoon when being met about five a Clock Mr. Recorder the Judges being gone home made an excellent Speech against Popery to the Prisoners sentencing them to be drawn hang'd and quartered which accordingly was executed upon them at Tyburn on Friday Jan. 24th following The Trials of Robert Green Henry Berry and Laurence Hill at the King's-Bench-Bar at Westminster on Monday Feb. 10th 1678. THE Prisoners there appearing were indicted for the Murder of Sir Edmondbury Godfrey Kt. one of his Majesty's Justices of the Peace for the County of Middlesex to which they pleaded Not Guilty on Wednesday Feb. 5. and were ordered to be brought the next day to their Trials But Mr. Attourny-General the next day moved the Court that it might be deferred till Monday Feb. 10. that the King's Evidence might be the more ready which was granted On Monday therefore they were brought to their Trials and the Jury impanell'd were Sir Will. Roberts Bar. Sir Rich. Fisher Bar. Sir Mich. Heneage Kt. Sir Tho. Bridges Kt. William Avery Esq Char. Vmphrevile Esq John Bathurst Esq Richard Gowre Esq Thomas Henslowe Esq John Sharpe Esq John Haynes Esq Walter Moyle Esq To whom the Indictment being read Sir Thomas Stringer Serjeant at Law and of Counsel for the King in this Cause opened the Charge and Sir William Jones Attorney-General opened the Evidence Then Dr. Oates being sworn deposed That in September Sir Edmondbury Godfrey in Discourse did tell him what Affronts he had received from some great Persons for being so zealous to take Examinations concerning the Plot And that others who were well inclin'd to have the Discovery made did think that
Dr. Tillotson and Dr. Lloyd and that he heard him say he had by him several Witnesses that would swear whatever he bid them and that he laid in Provisions of Fire Coals and Billets behind the Palsegrave-Head Tavern and hard by Charing-Cross to burn the City of VVestminster which he produced one Mr. Palmer to swear and that he lent him Mony as also he had Mr. Speke which was yet unpaid which proved to be 6 s. 8 d. for an Order which was for Mr. Speke's Brother aspersing them with being Eves-droppers multiplying words to little purpose His Defence therefore being Artificial as the Lord Chief Justice told him because nothing to the purpose Nay Mr. Justice VVild told him he disgrac'd his Profession by making so weak a Defence And Bedloe own'd some of the Crimes he bespattered him with as part of the Guilt for which the King had given him his Pardon and farther Depos'd That Mr. Reading was to have 100 l. a Year out of every 1000 l. a Year of Bedloe's Reward The Ld. Ch. Justice summ'd up the Evidence to which the Ld. Ch. Baron added some little and then the Jury after a short recess brought the Prisoner in Guilty And then the Court Adjourn'd for half an hour when being met again and the Prisoner at the Bar The Ld. Ch. Justice Sentenc'd him to be Fined 1000 l. to be imprisoned for the space of a whole Year and to be set in the Pillory for the space of one hour in the Palace-Yard in VVestminster On the Monday following he was Pillored accordingly the Sheriff having a particular Charge of his Person that nothing but Shame and Infamy might befal him to which he had been condemned and did deserve as well as any Man that ever was convicted The Trials of Thomas White alias Whitebread Provincial of the Jesuits in England William Harcourt pretended Rector of London John Fenwick Procurator for the Jesuits in England John Gavan alias Gawen and Anthony Turner all Jesuits and Priests At the Sessions-house in the Old-Baily on Friday June 13 1679. THen and there the Court being met and all the Judges of England present Proclamation was made of Silence and Attention whilst the King's Commission of Oyer and Terminer and of Goal-Delivery were openly read then the Prisoners being set to the Bar James Corker a Priest and Jesuit brought thither to be tried with them presented to the Court a Petition setting forth that he was absolutely surprized and unprepared for his Trial and therefore besought the Court that he might not be tried till the next Sessions To which the Court seemed inclinable enough nor did the Attorney General gain-say it upon condition that he could really make it out that he wanted Witnesses without which he could not make his Defence However it was thought fitting that he should hear the Charge that was against him read to the end he might be able to give the Court an account what Witnesses he had that might avail him in reference to his Defence against it which being done the Indictment being in general for High-Treason in conspiring the Death of the King the Subversion of the Government and Protestant Religion the former Question was put to him again and then he named one Alice Gatton now at Tunbridg as a Witness to prove that he was not in Town upon the 24th of April so that being respited till the next day the Court said nothing farther to him that Sitting Immediately after the Indictment was read VVhitebread represented to the Court that in regard he had been tried upon the 17th of December before upon the same Indictment at what time the Jury being impanell'd and the Evidence found insufficient which came in against him the Jury was discharged without a Verdict he was informed that no Man could be tried and consequently put in Jeopardy of his Life twice for the same Cause For which reason he pray'd for Counsel to direct him upon that Point in matter of Law He urged that his Life was in danger as being deliver'd over in Charge to the Jury and to make it out he alledg'd the Case of Sayer in the 31 Eliz. who having pleaded to a former Indictment for a Burglary was indicted a second time upon which it was the Opinion of the Judges that he could not be indicted twice for the same Fact He likewise desir'd a sight of the Record and that he might be informed whether or no when a Person comes upon his Trial he ought not either to be condemned or acquitted Upon the whole matter and his Motion together the Court declar'd to him that the Jury being discharg'd of him his Life was in no danger For that the Jury being sworn to make a true deliverance or the Prisoners in their Charge their Charge could not be full till the last Charge of the Court after Evidence Moreover he was told that such a Plea as he produc'd could not be supported without a Record and it was certain there was none here because there was no Verdict and besides this was not the same Indictment in regard it contain'd new matter Then Fenwick offered the same Plea his Case being the same appearing before with Whitebread upon his Trial but the Court returning the same Answer to him as to the former they both submitted and so all of them pleaded severally Not Guilty to the Indictment Then the Jury being to be impanell'd they unanimously excepted without naming them aganist all those Persons that had serv'd before as Jury-Men in the same Cause which the Court allowed them as but reason And the Jury therefore that were sworn were these twelve Thomas Harriott William Gulston Allen Garraway Richard Cheney John Roberts Thomas Cash Rainsford Waterhouse Matthew Bateman John Kain Richard White Richard Bull Thomas Cox To whom the Indictment being read Mr. Belwood of Counsel for the King in this Cause open'd the Indictment and Sir Creswel Levinz proved the Charge and then Dr. Oates was first called and being sworn he deposed That Whitebread was made Provincial the last December was twelve Month and by virtue of his Authority order'd one Conyers to preach in the English Seminary upon St. Thomas of Becket's-day that the Oaths of Allegiance and Supremacy were Heretical Antichristian and Devilish which accordingly was done That in January or February he wrote Letters to St. Omers concerning the State of Ireland of which he had an account from Arch-bishop Talbot who wrote him word that there were several thousands of Irish ready to rise when the Blow by which was meant the King's Murther should be given in England and he hoped it would not be long ere it was given That he sent over two Jesuits into Ireland in January to see how Affairs stood there of whose return he writ an account to St. Omers in April and of the Consult to be that Month at which he was and signed a Resolve at Wild-house that Pickering and Grove should go on in their design to dispatch
the King as a very excellent Expedient That in June he went over into Flanders to look to his Charge as Provincial and there in discourse with some of the Fathers he used this Expession That he hoped to see the black Fools Head at White-hall laid fast enough and that if his Brother should appear to follow his steps his Passport should be made too That also upon Sir George Wakeman's refusing to poison the King for 10000 l. he advised the adding of 5000 l. more and was highly pleased that he had accepted it Mr. Dugdale's Evidence against him was That in a Letter from Grove to Ewers he saw one of Mr. Whitebread's to take none but stout desperate Fellows not mattering whether they were Gentlemen or no and that they were to take away the King's Life That he had seen Whitebread at Harcourt's Chamber with Le Faire Pritchard and others where they fell into discourse concerning Sir G. Wakeman's bogling at 10000 l. and so agreed to make it up 15000 l. to which Whitebread readily consented Mr. Bedloe swore against him That it was Whitebread that gave Coleman an Account of sending four Irish-Men to Windsor As to Fenwick it was sworn against him by Dr. Oates that when he came over in June he met with Fenwick at Dover who came with him to London and upon his Box being seized by the Searchers he heard him say That if they had searched his Pockets as they had his Box they had found such Letters as would have cost him his Life for said he they were about our Concern in hand That he and one Ashby or rather Thimbleby then brought over Instructions from Whitebread to offer Sir G. Wakeman 10000 l. to poyson the King and for filling up a blank Commission to Sir John Gage to be an Officer in the Army That Ashby being to go to the Bath Fenwick with Harcourt did advise him upon his leaving that place to take a turn about Somersetshire and to possess the People there with the matter not doubting but that before he came up to Town again to have the Gentleman at VVhite-hall dispatch'd whom they called the black Bastard That Fenwick was with others at VVild-house upon the 21st of August at what time there was 80 l. before them on a Table which was for those that were to kill the King at VVindsor and was present when the Money was paid to the Messenger That he also being at a Consult of the Benedictines received advice from Talbot out of Ireland of a design to kill the Duke of Ormond desiring Commissions and Mony for advancing the Design Upon which the said Fenwick sent Commissions to Chester by an Express and other Letters by the Post and moreover he deliver'd the Witness Money for his necessary Expences charging him to procure some Masses to be said for a prosperous Success of the Enterprize Against Fenwick Mr. Prance deposed that in Ireland's Chamber in Russel-Street about a fortnight before Michaelmas last there was Ireland Fenwick and Grove talking of 50000 Men that should be raised and be in readiness to carry on the Catholick Cause and were to be govern'd by the Lords Bellasis Powis and Arundel And that he asking them what would become of Tradesmen if Civil Wars should be again in England Fenwick bid him never to fear a Trade for there would be Church-work enough for him as Crucifixes Images and the like Mr. Bedloe being sworn deposed that he bad seen Fenwick both at Whitebread's and Harcourt's Chambers when the Murther of the King was discoursed of and that he agreed with the rest and consented to it Against Harcourt Dr. Oates deposed That he was one of those that were at the great Consult and sign'd the Resolve And that he was present at the filling up of the blank Commission to Sir John Gage And paid the Messenger the 80 l. which was for the four Assassinates at VVindsor in his own Chamber Against him Mr. Dugdale swore that he being pitch'd upon to be one of the King's Murderers was by Harcourt chosen to be disposed of at London for that purpose under the Tuition of one Mr. Parsons That there was a Letter from Paris which pass'd through Harcourt's hands to prove that it was the opinion of them at Paris and St. Omers to fling the Death of the King upon the Presbyterians whereby they should bring in the Episcopal Party into the Papists Company to revenge themselves of the Presbyterians and after that to go on to a Massacre and those that escaped it to be afterwards totally cut off by the Army That he also had seen several treasonable Letters at least an hundred of them all sent from Harcourt to Ewers under a Cover from Groves which he had intercepted and read That the first Intelligence of the Murther of Sir Edmondbury Godfrey which they had in the Country was sent from Harcourt which Letter was received on Monday and bore Date on Saturday upon the Night of which Day the said Murther was committed with these particular words This Night Sir Edmondbury Godfrey is dispatch'd In Confirmation of which Particular Mr. Chetwin was sworn who deposed that on Tuesday after the Murder one Mr. Sanbidge a Kinsman of the Lord Astons came to him from Elds an Ale-house and ask'd him if he heard not of a Justice of Peace at VVestminster that was kill'd the Girl of the House having told him that Mr. Dugdale had reported there that Morning that such an one was kill'd Mr. Bedloe being sworn deposed also that he saw Harcourt take the 80 l. out of a Cabinet and pay the Mony to the Messenger that was to carry it to the Ruffians at Windsor giving the said Messenger at the same time for Expedition a Guinea as from Coleman to drink his Health That in Harcourt's Chamber 1500 l. was agreed upon and appointed as likewise the number of Masses for Grove and Pickering for killing the King That he was one of those that agreed and consented to the addition of 5000 l. to the first 10000 l. to be given to Sir G. Wakeman That he brought Harcourt several Letters from Wotton St. Omers Bruges Paris Valladolid and Salamanca all of them for carrying on the Plot shewing what Men and Mony was in readiness and what more expected That the Contributions and Accounts lay generally in Harcourt's Hands and that he had carried several Papers from Harcourt to Langhorn concerning the same matter That he carryed a Consult to St. Omers from Mr. Coleman to whom Harcourt went with him and that in that Consult was the main of the Design Also that he saw Harcourt give Sir G. VVakeman a Bill upon some certain Citizen for 2000 l. telling him at the same time that it was in part of a greater Sum. Then two Papers were produced and read in Court which Sir Thomas Doleman deposed he found amongst Harcourts Papers the first was a Letter from one Mr. Petre giving an account when the Consult was to be advising
King of England so easy and the French King so powerful they must not miss such an Opportunity That about a Year and an half since Mr. Harcourt sent him with another Pacquet of Letters to Mr. Langhorn to Register wherein were two Letters that he before had brought from Spain the one from Sir William Godolphin to the Lord Bellasis the other from the Irish Colledg of Jesuits in Salamanca That the Letter from the Rector did specify That they would have the Lord Bellasis and the rest of the Lords that were concerned and the rest of the Party in England to be in readiness and to have this communicated with all expedition for that now they had provided in Spain under the Notion of Pilgrims for St. Jago some Irish cashier'd Souldiers and a great many of Lay-Brothers to be ready to take Shipping at the Groin to land at Milford-Haven there to meet the Lord Powis and an Army that he was to raise in Wales to further this Design That also he met with Father Keins he brought a Letter from Mr. Langhorn in his Hand which he said was a chiding Letter from the Secretary de propaganda Fide Cardinal Barbarino to Mr. Langhorn and the rest of the Conspirators for going on no faster when they had so fair an Opportunity Then Thomas Buss the Duke of Monmouth's Cook was sworn who being out of the way before now deposed to the Plot in general That he in September last being at VVindsor heard one Handkinson bid one Anthony a Portuguese and the Queen's Confessor's Man who was then drinking in their Company that he should have a special care of the four Irish Gentlemen he brought over with him for that they would do their Business whom since he had seen Coleman's Trial he supposed to be the four Irish-Men that were to kill the King Then this Anthony was sent for by the Court to be took up but Handkinson was return'd beyond Sea Then the Prisoner in his own defence offer'd to the Court that the two Witnesses against him Oates and Bedloe were Parties to the Crime which was laid to his Charge and therefore he desired to know whether they had their Pardon or no Which tho it were sufficiently made out yet the Court for his further satisfaction declared That whether they had or had not yet they were good Witnesses or else they should not have been admitted Whereupon the Prisoner started another Question Whether having had their Pardons they might not fall under the same prospect in Law with an Approver not as being Approvers but as under some equivalence of reason for them From whence he would have inferr'd That if the Approver be pardoned the Appellee ought to be discharg'd To which the Court replied That an Approver was ever allow'd Maintenance and that there ought to be a proof of corrupt Contract or Subornation to invalidate a Testimony Then the Prisoner desired to know whether they had ever received or did not expect Gratifications and Rewards for their Discoveries To which Dr. Oates declared That he was 6 or 700 l. out of Pocket and knew not when he should see it again The Prisoner urged That Mr. Reading had told him that Mr. Bedloe had received 500 l. But the Court inform'd him that was for the discovery of the Murderers of Sir Edmondbury Godfrey Then these little Passes being all put by and he having nothing to answer to the Fact to invalidate the Witnesses he called in the St. Omers Gang which had all been heard and baffled but the day before to prove that Dr. Oates did not come over with those Persons he deposed he did nor at that Time but was at St. Omers in April and May which was the only Months they could answer any Questions about because as one of those Witnesses very honestly confess'd the Question that he came for did not fall upon any other Time Others of them contradicted themselves as to what they had spoke the day before one calling it the 24th of April New-Stile who yesterday call'd it Old-Stile another June who yesterday said July And the Woman of the VVhite-Horse Tavern affirming her House to be little and that there was never a Room therein that could contain near so many as Dr. Oates had deposed had met there at the Consult several in the Court presently contradicted her affirming that Fifty might dine at once in some of her Rooms Then Mr. Langhorne would have urged something against the Witnesses which they had said at other Trials the unreasonableness whereof the Court shew'd him Then several substantial Witnesses being sworn whereof one was a Papist deposed That they saw Dr. Oates in London in April and May 1678. which quite contradicted the St. Omer's Evidence Then Mr. Langhorn urg'd the St. Omer's Testimony notwithstanding against Dr. Oates's Evidence and affirm'd that he had never seen Mr. Bedloe before that day and that it was improbable that one that was in his way of Practice should become a Clerk to register Letters and that there was no proving a Negative disclaiming all Principles of Disloyalty leaving the rest to the Jury Therefore the Ld. Ch. Justice then summ'd up the Evidence and directed the Jury And then a Letter found among Harcourt's Papers five or six days after Dr. Oates had given in his Information to the King and Council was produc'd and read in Court to confirm Dr. Oates's Testimony about the Consult Then an Officer was sworn to keep the Jury who withdrew to consider of their Verdict and the Judges also went off from the Bench. After a short space the Jury returned and brought the Prisoner in Guilty upon which there was a very great Shout Then the five Prisoners cast the day before were all brought to the Bar and received Sentence together To be Drawn Hang'd and Quarter'd Mr. Recorder applying himself first to them in a very handsom Speech Which Sentence after a Month's Reprieve was executed upon him at Tyburn The Trials of Sir George Wakeman Bar. William Marshall Benedictine Monks William Rumley Benedictine Monks James Corker Benedictine Monks At the Sessions-House in the Old-Baily on Friday July 18. 1679. THen and there these Prisoners were Indicted for High-Treason for conspiring the Death of the King subversion of the Government and Protestant Religion whereto they all pleaded Not Guilty Their Jury were Ralph Hawtrey Esq Henry Hawley Esq Henry Hodges Esq Richard Downton Esq John Bathurst Esq Robert Hampton Esq William Heydon Esq John Baldwyn Esq Richard Dobbins Esq William Avery Esq Richard White Gent. William VVayte Gent. To whom the Indictment being read Edward VVard Esq of Counsel for the King in this Cause opened the Indictment and Sir Robert Sawyer opened the Charge And then Mr. Dugdale was first called to give a general Account only of the Plot. Who therefore being sworn deposed That for these seven Years he had known of the Plot and for two Years particularly and that in order thereto the best way was
to kill the King and to that purpose there were several Letters sent weekly into Staffordshire and very often directed to him in a Cover wherein were seven or eight several Letters as from Ireland Harcourt and Grove to some Priests in Staffordshire viz. Ewers and Lewson and Vavasor and many times they writ of the Plots going on to kill the King advising to Secrecy and mentioning who should be their Officers for an Army to be raised afterward That he was engaged to be one of the Assassinates first about two Years ago but more precisely in June or July last was 12 Month and he should have come up for that end to London in October there to have received Directions from Ireland but the Plot breaking forth he was prevented and that the Lord Stafford promised him that he should have 500 l. as part of his Reward and when the Work was done he should be better gratified Then Mr. Prance deposed That about three Weeks before Michaelmass he heard Fenwick Grove and Ireland discoursing in Ireland's Chamber of 50000 Men that were to be raised for the setling of Popery and he asking what poor Tradesmen should do Fenwick said That he need not fear for he should have Church-VVork enough to make Crucifixes Basons and Candlesticks being a working Gold-smith and that this Army was to be govern'd by the Lords Powis Stafford Arundel Bellasis and Petre. That he heard that one Messenger was to kill the King but meeting him the said Messenger told him They were off that now but pray'd him however to keep Counsel Then Mr. Jennison depos'd That he was in Ireland's Chamber in Russel-street when there arose a discourse concerning the hopes of bringing in Popery and Ireland said There was only one in the way that stop'd the Gap and hindred the Catholick Religion from flourishing in England again and said It was an easy matter to poison the King and that this was in June 1678. And on the 19th day of August he saw Ireland again at his own Chamber which contradicted what had before been deposed in Irelands's Trial that he never was in London after the 3d of August till September And this he proved by many remarkable Circumstances and strengthen'd his own Evidence by that of Mr. Bowes and Mr. Burnet who proved that Mr. Jennison was then in London Then Dr. Oates was called whose Evidence was to effect directly the Prisoner's and he being sworn deposed against Sir George VVakeman That he saw a Letter of Sir G. VVakeman's to Ashby wherein was some Prescriptions he was to observe at the Bath and afterwards an Information that the Queen would assist him to poison the King That a short time after he saw Sir George at Ashby's sit in a writing posture and saw him lay by his Pen rise up and go away and the same hand he left behind him in a Paper where the Ink was not dry was the same Hand that writ the Letter to Ashby That in that time of Converse while Sir George was writing Ashby gave him some Instructions concerning the Commission he had received of being Physician to the Army That some few days after this by Command from the Queen Harcourt Keines Langworth Fenwick and another did attend the Queen in her Chamber at Somerset-House and that he waiting in an Anti-Chamber heard a Woman's Voice which afterwards he knew to be the Queen's there being no other Woman there and he seeing her while she spoke which did say That she would assist them in the Propagation of Popery with her Estate and that she would not endure these Violations of her Bed any longer and that she would assist Sir G. VVakeman in poisoning the King That he was present when Ashby by Order from the Provincial offer'd Sir George the 10000 l. in the presence of Harcourt and Ireland to poison the King That he refused it not in abhorrency of the Crime but because as he said it was too little for so great a Work That afterwards 5000 l. more was offer'd him as he was credibly inform'd by the Order of the Provincial VVhitebread But that he certainly saw the Prisoner's Hand to a Receipt in the Entry-Book at VVild-House for 5000 l. in part of the said 15000 l. Mr. Bedloe deposed That he was in Harcourt's Chamber last August where he saw Harcourt deliver to Sir George a Bill of 2000 l. which he said came from the Queen which was charged as he supposed on some Goldsmith near Temple-Bar That as soon as Sir George had read it he said 't was well if it would be accepted that he found more Incouragement from his good Lady and Mistress than from any of them all That the Bill was accepted and the Mony paid by the Confession of Sir George to the Witness That the said 2000 l. was soon after made up 5000 l. and as Harcourt told this Deponent all upon the same account and in part of the 15000 l. Sir George pleaded to all this That he had been left at Liberty 24 days after he had been before the Council and that upon Dr. Oates's being sent for to the House of Lords to repeat his Evidence he confess'd there that he did not know Sir G. VVakeman's Hand and only knew the Letter in question to be his Letter by being subscribed G. VVakeman concluding from thence that he would have told more at that Examination had he known more To which the Doctor replied That he had been so over-toiled with watching and searching after Persons detected that he was not able to make good his Charge Which was also confirm'd by the Testimony of Sir Thomas Doleman But Sir Philip Floyd one of the Clerks of the Council was more express in behalf of the Prisoner who acknowledged indeed that Dr. Oates did make mention of Sir George's undertaking to poison the King as he had understood by a Letter from VVhitebread to Harcourt and that he was inform'd by the same Letter that Coleman had paid him 5000 l. of the 15000 l. agreed upon But that being demanded of his own personal knowledg what he could tax Sir George withal he solemnly denied that he had any thing more against him To which the Doctor gave the same answer of his extream Weakness and Indisposition as before Sir George also offered to prove That there was nothing about poisoning the King in that his Letter to Ashby Mr. Chapman and Hunt his Man the first shewing a piece of the Letter and the other affirming that he writ it from his Master's Mouth being then indispos'd but the Court judging this to be some other and not that Dr. Oates swore this was rejected as no Evidence Finally Sir George recommended this one Observation-more to the Court That in Oates's Narrative there was not one Letter which came from beyond-Sea to which he did not swear positively as to the Date and as to the Receipt and yet that in the Case of Life he would not be confin'd to a Month. Concluding
And that this Statute was only ad Terrorem and ought to be taken most strictly in his favour The Ld. Ch. Justice then gave a short Charge to the Jury concerning him and set him aside And then the Jury was charged with James Corker as with the other against whom Dr. Oates deposed that he was Benedictine Monk and before 1674 one of the Queen's Priests that he had heard him several times say Mass in a Monks Habit at Sommerset-House and the Savoy and himself had received the Sacrament from him at the Savoy and had seen his Patent from Rome to be Bishop of London Mr. Bedloe deposed That he had seen him wear the Habit of a Benedictine Monk before the Suppression of the Convent in the Savoy and had seen him take Confessions and Absolve in Somerset-House Mr. Prance deposed That he heard him say Mass once at Mr. Paston's in Duke-street about two Years ago The Prisoner's Defence was only a flat Denial that ever he said Mass either in Somerset-house or Mr. Paston's So the Jury was charged with William Marshall as with the other against whom Dr. Oates also deposed that he had heard him say Mass several times within the compass of three Years in a Benedictine Monks Habit and seen him Absolve and consecrate the Host and give the Sacrament at the Savoy Mr. Bedloe could only depose that he saw him once in the Savoy in his Monks Habit and was told he was going to take Confessions Mr. Prance deposed that at his last Trial he heard Marshall say to Corker Tho we are Priests this does not reach us Mr. Dugdale deposed that he also then heard him confess himself a Priest To this the Prisoner pleaded that he made no such Confession or if he did it ought not to be Evidence against him That he was almost a Stranger to the Savoy and Oates was never seen there but once and was not to be believed now because the Jury did not convict him upon his Testimony when he was tried before and that it was now a Prosecution of his former Malice again to accuse him after he had been disbeliev'd For all which false Inferences having been rebuked by the Court the Lord Chief Justice summ'd up the Evidence And proceeded to William Russel alias Napper with whom the Jury being charg'd as the others Dr. Oates deposed that he had heard him say Mass in his Priests Habit and himself had received the Sacrament from him at Wild-house and that he was a Franciscan Friar Mr. Prance deposed that he had heard him say Mass twenty times and seen him give the Sacrament and hear Confessions at Wild-house Sir William Waller depos'd that when he took him he found Religious Habits among his Clothes which he owned to be his To all which the Prisoner had little to say more than denying all Therefore Charles Parris alias Parry was charged to the Jury as the rest And against him Dr. Oates swore that he had heard him say Mass at Wild-house and Mr. Paston's and consecrate the Host and give the Sacrament in Priests Habit. Mr. Prance swore that he knew him to be a Priest and had heard him say Mass at the Venetian Ambassadors and at Mr. Paston's and that he bought Oil-boxes once of him and brought him a Chalice and would not suffer him to touch it till himself had first broke it and that he heard him confess himself to be a Priest The Prisoner denied all and said that he knew not Prance and that he was a Windsor the time that Oates swore he heard him say Mass and produced one Lanscroon and Jacob Painters who testified to his being there from before Christmas 1677 to All-hallontide 1678 but the time Dr. Oates swore to was November before He offer'd the Venetian Embassador's Certificate that he never said Mass in his House which was refused the Embassador being gone away and Monsieur Rivier one of the Embassador's Servants testified he never saw him there but the Court rejected such Testimony And the Ld. Ch. Justice having summ'd up the Evidence went out of the Court and Henry Starkey was next set up with whom the Jury was charged as with the others And against him Dr. Oates deposed that the Prisoner was a Priest and he heard him once say Mass at Mr. Paston's in the Habit and saw him consecrate the Host and receive in both kinds Mr. Prance depos'd that he heard him confess himself to one Mr. Duncomb a School-master that is dead that he was a Priest and heard him say Mass at his House and the Lady Somerset's and Mr. Paston's and had heard him say that he said Mass in the King's Army To this the Prisoner pleaded how he had appeared for the King when he had but 500 Men that he was an Esquires second Brother and had spent in the King's Service above 5000 l. which he had got himself and bled for it before he had it and that he spent his Annuity of 140 l. a Year for the King and had lost his Leg for him and discover'd to him a Plot against his Person State and Government and that he suffer'd to this day for it But as to his being a Priest he said nothing but left it to the Proof which the Ld. Ch. Baron summ'd up And then the Jury was charged as before with Alexander Lumsden against whom Dr. Oates swore that he had heard him say Mass twenty times at Wild-house and had seen him consecrate the Host and had received the Sacrament from him and that he was a Dominican Friar and Procurator General for the Kingdom of Scotland being a Scotsman Mr. Dugdale swore that he heard him confess himself a Priest that day he was taken Mr. Prance depos'd he had heard him say Mass twenty times at VVild-house in his Habit and seen him consecrate the Host The Prisoner said he was a Scotsman born at Aberdeen The Ld. Ch. Baron summ'd up the Evidence and the Jury withdrew for about a quarter of an hour and brought in Anderson Corker Marshall Russel Parry and Starkey Guilty and Lumsden guilty of being a Priest and born at Aberdeen in Scotland Then the Judges went off the Bench and the Court proceeded to Judgment Anderson said he had gone out of England before but that the King kept him telling him he had need of his Service and he had a Protection from the Council-Board The Recorder promis'd him to acquaint the King with what he said but that he must now be sentenc'd Corker said little Marshall said much to little purpose urging his Majesty's Declaration for Liberty of Conscience and that there was no Crime in Priesthood it self Russel only deny'd what had been deposed against him Parry said that he was a French-Man tho of English Parents Starkey pleaded his Merits as he did before And then Lumsden being set aside Mr. Recorder sentenc'd these six to be drawn hang'd and quartered The Trial of Sir Thomas Gascoyne Bar At the King's-Bench-Bar at Westminster before
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
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
Difference here while the French should gain Flanders and then they would make no Bones of England and that therefore the more Treasonable it was the better it would do the Effect For which Libel the Witness was to have 40 Guinies and a monthly Pension of some thousand of Crowns and that he should be brought into the Cabal where several Protestants and Parliament-Men came to give an Account to the Ambassador how things were transacted Giving him half a Sheet written by himself of further Instructions among which one was That it was in the Peoples Power to depose a Popish Possessor as it was to oppose a Popish Successor That this Libel was to be drawn in the Name of the Nonconformists and put upon them which the Prisoner told him they would disperse they knew how Then Mr. Smith being sworn gave an Account at large how he was convey'd by Mr. Everard into the Closet and of what he saw and heard as Mr. Everard had deposed Sir William Waller also deposed what he had seen and heard as was before deposed by Mr. Everard adding that he made a Report hereof to the House of Commons and communicated the Paper to them who immediately proceeded to the Impeachment which was for the same Treasons mentioned in this Indictment Then the Paper was produced in Court with Fitz-Harris's Amendments And the whole Libel was read over and Mr. Bridgman and Sir Philip Lloyd swore That Fitz-Harris owned his Hand-writing before the Lords in Council The Passages inserted in the Indictment were these The Title was The true English Man speaking plain English In the Book was as followeth If James be conscious and guilty Charles is so too believe me both these are Brethren in Iniquity they are in confederacy with Pope and French to introduce Popery and Arbitrary Government as their Actions demonstrate The Parliaments Magna Charta and Liberty of the Subject are as heavy Yokes they 'd as willingly cast off for to make themselves as absolute as their Brother of France And if this can be prayed to be their Aim and main Endeavour why should not every true Britain be a Quaker thus far and let the English Spirit be up and move us all as one Man to Self-defence Nay and if need be to open Action and fling off these intolerable Riders And in another place it is said J. and C. both Brethren in Iniquity corrupt both in Root and Branch as you have seen they study but to enslave you to Romish and French-like Yoke Is it not plain Have you not Eyes Sense or Feeling Where is that old English noble Spirit Are you become French Asses to suffer any Load to be laid upon you And if you can get no Remedy from this next Parliament as certainly you will not and that the K. repents not complies not with their Advice then up all as one Man O brave English Men Look to your own Defence e'reit be too late rouse up your Spirits And in another place thus I will only add That as it is the undoubted Right of Parliaments to make a Law against a Popish Successor who would prove destructive to our Laws and Liberties so it is their undoubted Right to dethrone any Possessor that follows Evil Counsellors to the destruction of our Government In another place thus Then let all be ready then let the City of London stand by the Parliament with offers of any Mony for the maintaining of their Liberties and Religion in any extream Way if Parliamentary Courses be not complied with by the King The Prisoner in his own defence to all this called several Witnesses Dr. Oates said Mr. Everard told him the Libel was to be printed and to be sent about by the Penny Post to the Protesting Lords and Leading Men of the House of Commons who were to be taken up as soon as they had it and searched and to have it found about them He said the Court had a hand in it and the King had give Fitz-Harris Mony for it already and would give him more if it had success Mr. Sheriff Cornish said when he came from Newgate to the King to give him an Account in what disposition he found the Prisoner to make a Discovery the King said He had had him often before him and his Secretaries and could make nothing of what he did discover that he had for near three Months acquainted the King he was in pursuit of a Plot relating much to his Person and Government and that in as much as he made protestations of Zeal for his Service he did countenance and give him some Mony and that he came to him three Months before he appeared at the Council Table Coll. Mansel said That Sir William Waller gave him an Account of this Business in the presence of Mr. Hunt and others at the Dog-Tavern and said that when he had acquainted the King with it the King said He had done him the greatest piece of Service that ever he had done him in his Life and gave him a great many Thanks But he was no sooner gone but two Gentlemen told him that the King said He had broken all his Measures and the King would have him taken off one way or other and said Sir William Waller said the Design was against the Protestant Lords and the Protestant Party Mr. Hunt then confirmed the fame thing and added that Sir W. Waller said The Design was to contrive those Papers into the Hands of the People and make them Evidences of Rebellion Mr. Sheriff Bethel said That Everard before ever he had seen his Face or heard him speak a word had put in an Information of Treason against him at the instigation of his Mortal Enemy which was so groundless that though it was three Years before yet he never heard a word of it till last Friday Mrs. Wall after much shifting only could be squeez'd to say that Fitz-Harris had 250 l. 200 l. or 150 l. for bringing in the Lord Howard of Escrick adding That he was look'd upon to be a Roman Catholick and upon that account it was said to be dangerous to let him to near the King that he was never admitted to him The Lord Howard then related how the Prisoner was imployed to introduce him to the Dutchess of Portsmouth where he met with the King and that he interceded for the Prisoner with her The Lord Arran said That he and Fitz-Harris dined together the Day he was apprehended and that he pulled out Papers but he refused to read them That he ever thought him of the best and loyallest Principles of any of his Religion Mr. Secretary Jenkins said He could not remember the King had ever employed him The Lord Conway said that the King had declared in Council that Fitz-Harris had been employed by him in some trifling Business and that he had got Mony of him but added as of his own Knowledg that the King never spoke with him till after he was taken which was Feb. 28.
last Mr. Bulstrode was asked by the Prisoner What Message he brought and what proffer he made from the Court to his Wife But to this he would say nothing only that Fitz-Harris's Wife refused to be examin'd unless the King would speak to her alone The Dutchess of Portsmouth would likewise own nothing concerning him but that she had three or four times spoke to the King for him to get his Estate in Ireland and that what Mony he had had from her was only for Charity After this the Prisoner concluded his Defence complaining of his hard Usage professing his enmity to the French Interest and that Everard knew the Design of that Libel was otherwise concluding that the Jury could not find him now Guilty because of his Impeachment in a Superior Court The Sol. General then summ'd up the Evidence and Serj. Jefferies and the Ld. Ch. Justice gave the Charge to the Jury who desired the Opinion the Court since the Prisoner had been impeached whether they were compellable by Law to give a Verdict in this Case upon him To which The Ld. Ch. Justice said That the Vote of the Commons viz. That the Prisoner should not be tried in any other Inferior Court could not alter the Law and that the Judges of this Court had conference with all the other Judges concerning this Matter and it was the Opinion of all the Judges of England that this Court had a Jurisdiction to try this Man After which Justice Jones was of Opinion That if the Prisoner were acquitted on this Indictment it might be pleaded in Bar to the Impeachment Justice Dolben and Justice Raymond declared they were of the same Opinion The Jury withdrew for half an hour and then brought the Prisoner in Guilty And on Wednesday June 15. 1681. the Ld. Ch. Justice sentenc'd him to be Drawn Hang'd and Quartered Which was accordingly executed upon him together with Plunket at Tyburn on Friday July 1. 1681. The Trial of Dr. Oliver Plunket Titular Primate of Ireland before the Lord Chief Justice Scroggs at the King's-Bench Bar at Westminster on Wednesday June 8. 1681. ON May the 3d. 1681. the Prisoner was there Arraign'd upon Indictment of High-Treason for Conspiring the Death of the King and to levy War in Ireland and to alter the Religion there and to introduce a Foreign Power To which he urged that he had been arraigned for the same Treason in Ireland and at the Day of his Trial the Witnesses against him did not appear But the Court shew'd him the invalidity of that Plea because he had never yet undergone any Trial therefore he Pleaded Not Guilty On Wednesday June 8. following he was again brought to the Bar and still urged for more time because he pretended he had not yet got over all his Witnesses and some Records from Ireland But he having already had five Weeks the Court would not hearken and therefore the Jury sworn were Sir John Roberts Thomas Harriott Henry Ashurst Ralph Bucknall Richard Gowre Richard Pagett Thomas Earsby John Hayne Thomas Hodgkins James Partherich Samuel Baker VVilliam Hardy To whom the Indictment being read the same was opened by Mr. Heath Serj. Maynard and Mr. Attorny General And then Florence VVyer being sworn deposed That he knew there was a Plot in Ireland both before Plunkets time and in his time which was working in 1665 and 1666 but was brought to full maturity in 1677 then Col. Rely and Col. Bourne being sent from the French King into Ireland with a Commission to muster as many Men as they could promising to send an Army of 40000 Men to land at Carlingford on St. Lewis-day to destroy all Protestants and set up the French King's Authority And one Edmond Angle a Justice of Peace and Clerk of the Crown sent for all the Rebels abroad in the North to come up into the County of Longford and they marched into the head Town of the County and fired it the Inhabitants fled into the Castle but Angle being shot the Rebels fled and carried with them all the Papers Angle had in his Pocket Hereupon Col. Bourne became suspected and was imprison'd and Col. Rely fled into France and the Plot lay under a Cloud till the Prisoner came to be Primate which he got by the French King's help upon his promising to prepare things in Ireland for his Interest and that about 10 or 11 Years ago in the first Year of his Primacy when the Prisoner came to the Friery at Armagh he being there one Quine told him That they thought Duffy would have been Primate said he 't is better as it is for Duffy hath not the wit to do those things that I have undertaken to do That he had heard the Prisoner own himself to be made Primate by the Pope and that he writ himself Oliverus Armacanus Primat Metropolitanus totius Hiberniae and had made Warrants sub paena suspensionis for his Priests to pay Mony for to supply the French Army and to let him know how many there were in all their Parishes from sixteen to sixty And that he had seen him going from Port to Port and that he pitch'd on Carlingford as most convenient for the French to land at Henry O-Neal deposed That in August 1678 Bishop Tyrril came with 40 odd Horse-Men to Vicar-General Brady's House where he gave them all the Oath of Secrecy to forward the Plot against the Protestants whom he said they would make an end of from end to end in Ireland in one hour and that he should have an Order for it from the Lord Oliver Plunket and that he and Plunket had sent Mony into France to get Men and to bring them into Ireland Neal O-Neal deposed the same he also being at that time at Vicar Bradey's House being August 21. 1678. Owen Murfey only swore That Lieutenant Baker told him That Mr. Edmond Murfey did discover the Plot to him that there was a Design to bring in the French but of his own Knowledg he could say nothing Hugh Duffy deposed That he had seen several of the Prisoner's Orders to raise Mony and had collected some for him being Curate of Cogham and a Fryer and had by his Order returned him also a list of the Age of every Person in his Parish from 16 to 60 and that he accompanied him when he view'd the Port of Carlingford which he thought most convenient for landing the French and had seen his Letter in France to Cardinal Bovillon that he should prevail with that King not to invade Spain but rather wage War with the King of England who had been an Apostate and help their poor Country that was daily tormented with Heretical Jurisdiction That he was present at a great Consult near Clouds where the Prisoner was Chief and gave special Order for a List to be got of all the Officers in the late Rebellion and that lost their Estates because they would be more forward in this Design That he himself was forward
because he did not prosecute the Papists as he thought sufficiently and that he was as deep in the Plot as any Papist of them all and that he had a hand in Sir Edmondbury Godfry's Death That there was nothing to be expected from the King but introducing of Popery and Arbitrary Government That there was no Trust to be put in him but it was the People we must trust to And we must look to arm our selves and that he would Arm himself and be here at Oxford having several stout Men particularly Capt. Chinton Capt. Browne and one Don Lewis that would stand by him in case there should be a Rising which he expected at Oxford if the King and Parliament did not agree Colledge giving Mr. Dugdale in London before his coming to Oxford as much Ribbon as came to forty Shillings with No Popery No Slavery wrought in it to distribute among his Friends in the Country that they might be known by other Persons that would wear the same And that at London being once in a Coffee-House with Mr. Colledge and with some of the Members of the House of Commons a little before they met talking of the Parliament at Oxford and of some Disturbance that was likely to happen there it was then fully agreed that it would be the best way out of every County where the Parliament had the best Interest in the People to leave one in every County that might manage the People And that at Oxford when Mr. Colledge perceived that the King would not yield to the House of Commons he said Let him begin as soon as he would he did not care how soon for their Party was but an Handful to him and his Party meaning the Dissenters calling them the True Protestants and the Church of England only Protestants in Masquerade And that Day the King went out of Town presently after he went Mr. Colledge said to him in the Barber's Shop that is just within the Angel-Inn that Rowley meaning the King was gone the Rogue was afraid of himself he was shirk'd away Then Mr. Dugdale produced some Papers whereof he affirmed that Mr. Colledg had owned himself to be Author as the Letter pretended to be intercepted to Roger Le Strange the Rary-show and Character of a Popish Successor which were read and explained in the Court. And then one Stevens being sworn deposed % % that he found the first draught of the Rary-show in Mr. Colledge's Bed-chamber when he came to search his Papers by Order of Council and that the Printer that printed the Ballad had told him since he had it from him which likewise Atterbury and Sawel affirmed but the Paper being look'd for in the Court could not be found Then Mr. John Smith was sworn who deposed that he was intimately acquainted with Mr. Colledge and that going to dine with him at Alderman Wilcox's he being a Stranger ask'd what the Alderman was and Colledge told him he was a Man as true as Steel and a Man that would endeavour to root out Popery to which he reply'd that that might be done easily if he could but prevail with the King to pass the Bill against the D. of York he answered No No he was mistaken for Rowley meaning the King was as great a Papist as the D. of York and every way as dangerous to the Protestant Interest as was too apparent by his Arbitrary ruling And afterwards in the Tavern where they dined he asking him the second time before the Alderman came what kind of Man he was he said he was one that lived in his Country-house and gave freely to several People to buy Arms and Ammunition to bring the King to Submission to his People adding that he wondred old Rowley did not consider how easily his Father's Head came to the Block which he doubted not would be the end of Rowley at the last And after dinner all departing Colledge told him if he would go with him to his own house he should see how he was prepared with Arms and Provision And soon after dining with him he shewed him his Pistols his Blunderbuss his great Sword his Armour Back and Breast and his Head-piece which was covered as he remembred with Chamlet and was a fine thing Colledge telling him that these were the things which would destroy the pitiful Guards of Rowley that were kept up contrary to Law and Justice to set up Arbitrary Power and Popery And a little before the Oxford-Parliament met he meeting Colledge again and discoursing several things Colledge told him what Preparations the City were making how they were provided with Powder and Bullets and that he would go down to Oxford expecting a little sport there upon the Divisions that were like to be between the King and Parliament and that he would be one that would seize the King if he should seize any of the Members as he expected he would And again meeting the Prisoner after his return from Oxford he told him that he went thither in expectation of some sport but old Rowley was afraid like his Grand-father Jamy and so ran away like to beshit himself And that Fitz-Gerald and he had had a quarrel at the Parliament door of the House of Lords at Oxford that Fitz-Gerald had call'd him Rogue and made his Nose Bleed but before long that he hoped to see a great deal more Blood shed for the Cause And after this when there was a Discourse of disarming the City and that the Ld. Feversham was to come to do it he said That he was well provided and that if Feversham or any Man nay Rowley himself should attempt any such thing he would be the Death of him before any Man should seize upon his Arms desiring him to get Arms for himself too because he did not know how he might make use of them accordingly he had an Armour from him upon Trial which he said cost him 30 or 40 s. but it proving too big he returned it and bought him a new one Next to him Bryan Haynes was sworn who deposed likewise that he had been acquainted with Mr. Colledge ever since March last before the sitting of the Parliament at Oxford For there being a Warrant against him for High Treason he made his Application to Colledg and desired him to go to a certain Person of Honour in England and ask his advice Whether he might not supersede the Warrant by putting in Bayl and carry the Supersedeas in his Pocket Mr. Colledge told him he would go to this Person of Honour for he would do nothing of his own head and he bid him come to him the next day which accordingly he did and asked him what was the result and what advice he had from that Person of Quality he bid him be of good chear that the Parliament would be and sit at Oxford soon and that he should not value the King a pin for that the King was in a worse Condition than either of them and he should see that
should be any Disturbance for they valued their Riches more than their Cause And at Oxford that he heard my Lord say again He wondred the People of England should stickle so much about Religion if he were to choose a Religion he would have one that should comply with what was apt to carry on their Cause Mr. John Smith deposed That he had often both in publick and private heard the Lord Shaftsbury speak very irreverently and slightly of the King saying He was a weak Man an inconstant Man of no firm or settled Resolution easily led by the Nose as his Father was before him by a Popish Queen which was the Ruin of his Father And that the King should declare That the Earl of Shaftsbury was not satisfied to be an ill Man himself but got over the E. of Essex too And that he was the chief promoter of the Rebellion in Scotland which when it was told him that he should send back word to the King That he was glad that the King saw not his own Danger But if he were to raise a Rebellion he could raise another-guess Rebellion than was that in Scotland One time particularly being sent for to the Lord Shaftsburies expressing his jealousy of the Irish Witnesses being drawn over to the Court-Party and retracting what they had said he order'd him to persuade them from going nigh that Rogue Fitz-Gerald maintain'd by the King and Court-Party to stifle the Plot in Ireland Saying also That when he was in the Tower he told some he saw Popery coming in and that it was hard to prevent it And that if the King were not as well satisfied with the coming in of Popery as ever the D. of York was the D. would not be so much concern'd about it as he was Afterwards having executed my Lord's Order one Mr. Bernard Dennis gave in an Information before Sir Patience Ward Lord-Mayor against Fitz-Gerald that he had tamper'd with him to forswear all he had sworn before the Copy of which Information he brought to the Lord Shaftsbury who when he had read it was very well pleased with it and said Mr. Smith don't you see the Villany of that Man and that factious Party and that the King runs the same steps as his Father did before him for that nothing of this Nature could otherwise be done I says he these are the very Steps that his Father followed when he was led by his Popish Queen and the poor Man doth not see his Danger Another time before the Parliament went to Oxford in discourse my Lord was saying to him That there was great Preparations made and a great many gathered together upon the Road between London and Oxford which he said was to terrify the Parliament to comply with the King's Desire which he was sure they never would for that the King aimed to bring in Popery But said he we have this Advantage of him if he offer any Violence to us for we expect it that we have the Nation for us and we may lawfully oppose him for it has been done in former Times and he will meet with a very strong Opposition for all that come out of the Country shall be well Hors'd and well Arm'd and so we shall be all and as old as he was that he would be one that would oppose to his Power and die before he would ever bring in Popery or any thing of that Nature Then Mr. Brian Haines deposed That he had often heard the Lord Shaftsbury vilify the King And that he and Mr. Ivey going to him one day about the Narrative he made of Sir Edmondbury Godfrey's Death he desired him not to expose his Person to the King's Anger because he was sure he would never grant a Pardon to any Man that impeached the Earl of Danby Says he Do not fear if he does not grant you a Pardon he makes himself the Author of the Plot and says he the Earl of Essex the Lord Maxfield and I we do all resolve if you 'l put in a Writing we will go to the King and beg a Pardon of him for you which if he does not grant we will raise the whole Kingdom against him for he must not expect to live peaceably in his Throne it he doth not grant it and this is the best Pretence we can have in the World we are prepar'd to raise Arms against him And after having heard a Pardon could not be had being begg'd for by the two Mr. Godfries he praying my Lord for a little Mony to help him to go beyond-Sea because he was sure he could not be safe in England My Lord told him the King durst as well be hang'd as meddle with him And one Day he being in Conference and giving my Lord an exact Account of Transactions having been a Traveller he asked my Lord What Model of Government was designed if they pulled the King down Says he Do you think there are no Families in England that have as much pretence to the Crown as any of the Stewarts Says he There is the Duke of Bucks that is descended of the Family of the Plantagenets one of the Edwards by his Mother and in her Right he should have the Barony of Ross and has as good a Title to the Crown of England as ever any Stewart had Then John Macnamarra being sworn deposed That he being with the Lord Shaftsbury after his return from the Parliament at Oxford concerning some Provision for the Witnesses he heard him express himself That the King was Popishly Affected and did adhere to Popery taking the same Methods that his Father before him took which brought his Father's Head to the Block and that they would also bring his thither and that he had told some Persons of Quality that this would fall out five Years before And at the same time that he said the King was a Faithless Man and no Credit was to be given to him and that the Dutchess of Mazarine was of his Cabinet-Council who was the worst Woman-kind And that he deserved to be deposed as much as ever King Richard the Second did Then Dennis Macnamarra deposed That he also heard the Lord Shaftsbury say in March or April in his own House Mr. Ivey being present That the King was not to be believe there was no Belief in him and he ought to be deposed as well a King Richard the Second and that the Dutchess of Mazarine was of his Cabinet-Council and he nothing but by her Consent Then Mr. Edward Ivey deposed That being at my Lord's House soon after the Parliament was dissolved at Oxford he heard him speak against the King saying He was an unjust Man and unfit to Reign and he wondred her did not take Example by his Father before him and that he was a Papist in his Heart and intended to introduce Popery And afterwards being with him with Hains he bid Hains to put what he had to say about the Death of Sir Edmondbury Godfrey into writing
and he should have a Pardon and that if the King did deny it as he durst not they would rise upon him and force him After him Bernard Dennis being sworn gave some account of his first coming into England and how he began his Acquaintance with the Earl of Shaftsbury and was recommended by him understanding him to be a Clergy-Man to Dr. Burnet and afterward to Mr. Ferguson in order to the bringing him over and how my Lord proffer'd him a Benefice And that one time being with him my Lord asked him How many there might be of his Name in his Country and told him that he would have him to advise those of his Name and Friends to be in a readiness when-ever occasion shall serve to stand by and assist the Common-Wealth of England for that they did really intend to have England under a Common-Wealth and would extirpate the King and all his Family as near as they could And said he admir'd at the Irish Nation to be such Fools for that it was very certain that King James Queen Elizabeth King Charles the First and the King that now is does wrong them to very Destruction But that a Common-Wealth would take more pity of them than any do now in this time wherein the King governs Here the King's Evidence ceasing the Jury enquired upon what Statute the Indictment was grounded and whether any of these Witnesses stood indicted To which the Court returning a satisfactory Answer they withdrew and the Court adjourned till three of the Clock When being sat again the Witnesses were all called one by one and examined by the Jury concerning what they had severally deposed Wherein nothing was remarkable but what they examin'd Mr. Secretary Jenkins Whether he heard not a Debate in the House of Commons about an Association And that Booth acknowledged himself to be in Orders tho now not Beneficed Turbervile and John Macnamarra that though they signed the Petition to the Common-Council for some Maintenance and that they were tempted to revoke their Evidence yet never read it nor knew what was in it And that Haynes further said That he heard the Lord Shaftsbury say at a Pastry-Cook's Shop in Iron-Monger Lane that the King had no more Religion than an Horse That when he came came first to England he was inclined to Popery but since he was degenerated from all the Principles of Christianity being just like a perfect Beast The Witnesses being examined the Jury withdrew and took the Statute-Book with them and returned the Bill Ignoramus Upon which the People fell a Hollowing and Shouting which Mr. Attorn Gen. desired might be recorded The Trial of Charles John Count Conningsmark Christopher Vratz Captain John Stern Lieutenant and Charles George Borosky alias Boratzi before the Lord Chief Justice Pemberton At the Old-Baily on Tuesday February the 28th 1681. THE Prisoners then and there appearing were Arraigned for the barbarous Murder of Thomas Thynn Esq And being Foreigners Mr. Vandore and Sir Nathaniel Johnson were sworn Interpreters They pleaded Not Guilty and desired their Jury might consist of half Foreigners which was granted And the Count desired his Trial might be put off a day or two and that he might be tried by himself neither of which were granted Then after some Challenges on both sides the Jury sworn were Sir William Roberts Bar. Moses Charas Gent. Richard Pagett Esq Charles Beelow Gent. George Hocknal Esq Peter Vandenhagen Gent. Walter Moyle Esq Christopher Ripkey Gent. Thomas Henslow Esq Daniel Griggion Gent. John Haynes Esq John Lebarr Gent. To whom the Indictment was read and Mr. Keen and Sir Francis Withens opened the same and then William Cole deposed That on Sunday Feb. 12. about a quarter after Eight at Night his Master Thomas Thynn Esq was coming up St. James-Street from the Countess of Northumberland's and he was walking with a Flambeau in his Hand before the Coach and coming along at the lower end of St. Albans-Street he heard the Blunderbuss go off and turning his Face back saw a great Smoke and heard his Master cry out he was murdered and saw three Horsemen riding away on the right side of the Coach whom he pursued and cried out Murder He ran to the upper end of the Hay-Market till he was quite spent and then turning back again his Master was got into the House whom he understood was wounded One of the Men was upon a little Bay Horse William Ellers deposed That then and there he coming with his Master from the Lady Northumberland's there came three Men riding by the right side of the Coach and as they rid one of them turned about and said Stop you Dog And just as he looked about the Fire was let into the Coach upon his Master and the Men ran away as fast as they could and that he could not know any of their Faces Mr. Hobbs the Chirurgeon deposed That he was with Mr. Thynn about nine or ten a Clock that Night he was wounded and found him shot with four Bullets which entred into his Body tore his Guts and wounded his Liver and Stomach and Gall and broke one of his Ribs and wounded the great Bone below of which Wounds he died and believed there as never a Wound but was Mortal He shewed the Court the four Bullets two of which he thought might be Iron one he found in the Stomach one between the Ribs and the Skin and two were lodged in the Back-bone Then Mr. White the Coroner deposed That on Feb. 13. he sat upon the Body and found four Holes on the right Side behind his short Ribbs as if made with Bullets and he gave order to open the Body and saw Mr. Hobbs take out the four Bullets Boresky being then told what was said replied That he fired the Blunderbuss but did not know how many Bullets there were because he did not charge it but he could tell who did But the Ld. Ch. Justice said that would not be material because his Evidence could charge no Body but himself Then Mr. Bridgman and Sir John Reresby deposed That Borosky Vratz and Stern were examined by them and proffer'd to read their Examinations but the Ld. Ch. Justice would not suffer it because their Evidence could charge no Body but themselves and he would not let the Jury be possess'd by that which is not Evidence And therefore they were only suffer'd to help their Memories by the Examinations and to mention only what they had confessed as to themselves Therefore they said that Borosky then confessed that he came into England at the desire of Count Conningsmark But here the Ld. Ch. Justice interrupted again the Evidence and bid Mr. Bridgman only relate his Confession as to himself which was That he fired the Musquetoon by the Captain 's Order who had before bid him to fire as soon as ever he stopped the Coach Capt. Vratz confessed that he came with a Design to fight Mr. Thynn having sent him Challenges by Post from
Indorsment upon several Bills of Exchange Mr. Cary swore it to be like what came to him for his Hand-writing though he had never seen him write but once but had seen his Indorsment on Bills Mr. Cooke swore he had never seen him write but it was like his Indorsment on Bills which he hath paid and was never called to an account for Mispayment Then Mr. Attorney General directed the Clerk what part of the Libel he should read which accordingly he did and among the rest these particular Passages which were laid in his Indictment viz. The Power originally in the People of England is delegated unto the Parliament He meaning the King is subject unto the Law of God as a Man to the People that makes him King in as much as he is a King The Law sets a measure to that Subjection and the Parliament judges of the particular cases thereupon arising He must be content to submit his Interest unto theirs since he is no more than any one of them in any other respect than that he is by the common Consent of all raised above any other If he doth not like this condition he must renounce the Crown but if he receive it upon that condition as all Magistrates do the Power they receive and swear to perform it he must expect that the Performance will be exacted or revenge taken by those that he hath betrayed And elsewhere was read these Sentence viz. We may therefore change or take away Kings without breaking any Yoke or that is made a Yoke which ought not to be one the Injury therefore is in making or imposing and there can be none in breaking it Also that the general Revolt of a Nation from its own Magistrates could not be call'd a Rebellion And that the Power of calling and dissolving Parliaments is not in the King Much more was read on the same Argument and then the Sheets were shewn to the Prisoner who said he knew not what to make of it and let him give an account of it that did it After which the Record of the Conviction of the Ld. Russel was read the King's Counsel here ending their Evidence The Prisoner then beginning his Defence desired to know upon what Statute he was indicted and being informed it was upon the Statute of 25 of Edw. 3. upon the first Branch for conspiring the Death of the King he argued that the finding of such a Pager in his House could not therefore concern him For though Sir Philip Lloyd did ask him to put his Seal to it yet not till he had been in his Closet and he knew not what he had put into the Bag and therefore he refused to seal it And for his Hand it was easy to be counterfeited And for the Witnesses that he never spake with the D. of Monmouth above three times in his Life and that therefore the Ld. Howard's Testimony was very improbable That however there was only he that witnessed against him whereas there ought to be two to the same thing That the Ld. Howard had said at the Ld. Russel's Trial that he said all he could but that now he had said many things he did not then mention particularly what concerned Mr. Hambden that he was under the Terror of Punishment for Treason whereof he had accused himself and had said that he could not get his Pardon until he had done some other Jobs and till he was past this Drudgery of Swearing besides that he owed him a considerable Sum of Mony and had protested the Prisoner's Innocence That the Paper seemed to be written long since and in answer to Sir Robert Filmers Books c. Urging that conspiring to levy War is no Treason and desired Counsel upon it but the Court would not hearken He urged also that no Man ought to be answerable for what he writes in his own Closet unless he publish it After which he called the E. of Anglesy who declared that being in company with the E. of Bedford when the Ld. Howard came to give him a visit and to comfort him in his Affliction for his Sons being taken he told him he was not to be troubled for that he had a discreet a wise and a vertuous Son and that he could not be in any such Plot and his Lordship might therefore well believe his Son secure for he believ'd he was neither guilty nor so much as to be suspected He proceeded further and said he knew of no such barbarous design and could not charge the Ld. Russel with it nor any body else The E. of Clare declared that the Ld. Howard about a Week before he was taken did say speaking of the Times that if ever he was question'd again he would never plead because he was sure they would have his Life though never so innocent saying he thought the Persecution was begun which Bp. Vsher had prophesied of but he hoped it would be short And for Col. Sidney he did with great Asseverations assert that he was as innocent as any Man breathing speaking much in his praise and bemoaning his misfortune which he thought real because never Man was ingaged more to another than he was to Col. Sidney And speaking of Papers he said he was sure they could make nothing of any Papers of his Then Mr. Philip Howard declared that when the Plot first broke out he met the Ld. Howard at his Brothers house and telling him of it and naming the Persons to him who had confess'd it he said he knew none of them and it amazed him thinking such a thing not possible That advising him then to procure an Address from the discontented Lords to shew their Detestation of the thing as a means to reconcile all things he promis'd him to go about it desiring him to stay till he came back but that he never came back while he was there The next day he found him again at his Brother's house and telling him of the Ld. Russel's being taken he said VVe are then all undone desiring him to go to the Ld. Privy Seal to see whether he was to be taken up for that he doubted it was a Sham-Plot for if it were a true Plot he should fear nothing but being a Plot made upon them no Man was free That he met him a third day at the same Place and found him very melancholy because as he said Col. Sidney was taken he having that particular Obligation from the Colonel that no one Man had from another Then Dr. Burnet declared that the Ld. Howard came to him the day after the Plot broke out and with Hands and Eyes lifted up to Heaven he protested he knew nothing of any Plot and believed nothing of it and said that he looked upon it was a ridiculous thing Joseph Ducas a French Man declared that the Ld. Howard came the day after Col. Sidney was took to the Prisoner's house advising the carrying all the things out of his house where they might be safe And another
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
should never be drawn into Example or Consequence That the Bishops here had done but what became them as Peers and Bishops in the most decent Manner And that unless this humble Petition so presented may be said to be a malicious and seditious Libel with an intent to stir up the People to Sedition the Jury ought not to find my Lords the Bishops guilty upon that Information Mr. Pollexfen next spoke insisting upon the Illegality of the King's Declaration as setting aside all the Law we have in England almost all being Penal Laws not only those before the Reformation but since especially in matters of Religion And therefore the King's Will not being consonant to Law and not obliging nothing can be done with a more Christian Mind than to inform him of it by way of Petition as the Bishops had done Then Mr. Serjeant Pemberton spoke Affirming that the Bishops had done no more than their Duty to God the King and the Church Denying the Dispensing Power as a thing that strikes at the very Foundation of all the Rights Liberties and Properties of the Kings Subjects whatsoever That the King 's Legal Prerogatives are as much for the Advantage of his Subjects as of himself That these Laws he would by his Declaration suspend are the great Bulwark of the Reformed Religion Intended to defend the Nation against false Religions Particularly the Romish Religion which is the very worst of all Religions a Religion no way tolerable nor to be endured here And yet if this Declaration should take effect all Religions would be let in and even that Religion would stand upon the same terms with the Protestant Religion and all the Care and Statutes that had been against it go for nothing That the Bishops have the Care of the Church by their very Function and Office and are bound to take care to keep out all those false Religions that are prohibited and designed to be kept out by Law and therefore could do no less than they did That our Law did allow the King no such Dispensing Power Instancing in that Check the Parliament had given to it in 1662. But here the Ld. Ch. Justice interrupted him as being what had been spoken to already Then Mr. Serjeant Levinz offered to shew that it has been taken all along as the ancient Law of England that such Dispensations ought to be by the King and Parliament and not by the King alone but he was stop'd enough having been offer'd already Therefore the Bishops Counsel proceeded to prove what had been said and to that end was produced and read in Court the Record of Richard the Second wherein the Parliament gave the King a Power to dispense with the Statute of Provisors which was a Penal Law concerning collating and presenting to Dignities and Benefices of the Church only till the next Parliament declaring withal that it was a Novelty and that it should not be drawn into Example Then the Journal of the House of Lords was produced and his Majesty's Speech to both Houses in 1662 read wherein is this Clause That if the Dissenters will demean themselves peaceably and modestly under the Government his Majesty said he could heartily wish that he had a Power of Indulgence to use upon occasion Whereupon there was a Bill in the House of Lords brought in to enable the King to dispense with several Laws which was read and committed but further than that it went not Which Bill was also read out of the Journal Then the Journal of the House of Commons was produced and a Vote read which passed Feb. 25. 1662. That no Indulgence be granted to the Dissenters from the Act of Vniformity With the Commons Address and Reasons for this Vote wherein was declared That the Act of Vniformity could not be dispensed with without an Act of Parliament The Journal of the House of Lords was again produced and the King's Speech to both Houses on Feb. 5. 1672 read wherein he mentions his Declaration for Indulgence The Journal then of the House of Commons was again produced and the Commons Petition and Address to the King Feb. 14. 1672 was read Wherein they thank him for his Speech And tell him They have considered his Declaration for Indulgence dated the 15th of March last And find themselves bound in Duty to inform his Majesty That Penal Laws in Matters Ecclesiastical cannot be suspended but by Act of Parliament And do therefore beseech him That the said Laws may have their free Course until it shall be otherwise provided for by Act of Parliament Then his Majesty's Answer to that Reply was read wherein he expresses his trouble that his Declaration has disquieted them That he does not pretend to the Right of suspending Laws wherein the Properties Rights or Liberties of any of his Subjects are concerned nor to alter any thing in the established Doctrine or Discipline of the Church of England But his only Design in this was to take off the Penalties and the Statutes inflicted upon Dissenters To which the Commons replied which was then read out of the same Journal That they found his Answer not sufficient to clear the Apprehensions that may justly remain in the Minds of his People by his Majesty's having claimed a Power to suspend Penal Statutes in Matters Ecclesiastical and which his Majesty does still seem to assert in his Answer to be intrusted in the Crown and never questioned in the Reigns of any of his Ancestors Wherein they humbly conceive him misinform'd Since no such Power ever was claimed or exercised by any of his Majesty's Predecessors And if it should be admitted might tend to the interrupting the free Course of the Laws and altering the Legislative Power which hath always been acknowledged to reside in his Majesty and his two Houses of Parliament With an unanimous Consent they therefore again besought him That he would be pleased to give them a full and satisfactory Answer to their Petition and Address and take such effectual Order that the Proceedings in this Matter might not for the future be drawn into Consequence or Example Then the Lords Journal was turned to wherein it waâ— read how that the King communicated this Address to the Lords and desired their Advice And that on March the 8th 1672 He made a Speech to both Houses wherein he tells them That if there was any Scruple remaining in them concerning the Suspension of Penal Laws he here faithfully promised them That what had been done in that Particular should not for the future be drawn either into Consequence or Example After which the Lord Chancellor imparted to them That his Majesty found some dissatisfaction remaining concerning the Officers to be employed abroad but if that bred any Umbrage the King commanded him to let them know That he resolves to give both his Houses full Satisfaction to their Desires And that his Majesty had last Night in pursuance of what he then intended and declared this Morning concerning the Suspension of
Meetings was upon the account of carrying on the Conspiracy and discoursing about the Condition the Conspirators were in As to the intended Insurrection he said If he could but see a Cloud at big as a Man's Hand he would not be wanting to employ his Interest That the Prisoner also had told him that he intended to take an House near the Tower to place Men in in order to surprize it to that end he held correspondence with some Sea-Captains and that he had been with them at Coffee-Houses Mr. Richard Goodenough deposed That being in company with the Prisoner he had heard him approve of the Design and promise to use his Interest in raising Men and not only to be assisting in the Division allotted him but in surprising the City Savoy c. and in driving the Guards out of Town Then the Prisoner called several Witnesses to invalidate Lee's Testimony Sir Robert Adams testified to a false Report of his about beating three Knights Sir Simon Lewis was called to the same purpose but appeared not James Child could say nothing but that Lee was an Honest Man One Baker was also call'd to testify that Lee would have suborned him against the Prisoner to his Prejudice some Years since of which he had made Affidavit before Sir William Turner But Baker not appearing Sir William Turner was desired to give account of it but it being above two Years since he could not remember such Particulars His Clerk Mr. Tomkins remembred such an Affidavit was made in 1682 which mention'd Mr. Lee but to the best of his remembrance it was returned before the King and Council and he could not give any account of the Particulars Mr. Bateman then desiring to know upon what Statute he was Indicted and being assisted by his Son by reason of his Incapacity making little more Defence the Ld. Ch. Justice of the King's-Bench summ'd up the Evidence and other Prisoners were tried and just before the Jury went out the aforesaid Baker being found with much ado it was obtain'd that he should give in his Evidence which was That Lee perswaded him to intrude himself into the Prisoner's Company and some others and to discourse of State-Affairs by which means he would find a way to make him a Man of which he had made Affidavit before Sir William Turner But this the Court interpreted to Lee's Advantage as if he only thereby designed to make a discovery of the Plot and so have got a further Evidence to corroborate his own reflecting on Baker as a broken Fellow c. After which the Jury withdrawing for half an hour brought the Prisoner in Guilty And accordingly he being brought again to the Bar on Friday following Mr. Recorder sentenc'd him to be Drawu Hang'd and Quarter'd which was executed upon him at Tyburn on Friday Decemb. 18th following The Trial of John Hambden Gent. At the Session's-House in the Old-Baily on Wednesday Decemb. 30. 1685. THen and there the Prisoner appearing and the grand Jury for the County of Middlesex call'd over his Indictment was read which was for High-Treason in conspiring the Death of the late King and raising a Rebellion in this Kingdom To which before Mr. Hambden pleaded he intimated his having been tried for the same Fact above two Years ago and withal gave the Lord Chief Justice to understand that he thought he had as much to say in Point of Law for himself as any Prisoner that ever came before him but that he was resolved to pass by all Pleas whatsoever and cast himself wholly upon the King's Mercy The Lord Chief Justice told him his former Indictment was for High-Misdemeanour but this for High-Treason and therefore a different Fact requiring him therefore to plead Then he pleaded Guilty to the Indictment requesting his Lordship's Intercession for him with the King Which was readily enough granted and the Method he was perswaded to take highly approved as answering the Design of giving Life and Credit to the Fanatick Rlot and gratifying the Importunity possibly of some Great Ones However the dismal Sentence of Death was by Mr. Recorder pronounced upon him due to High-Treason yet not without a shew of Tenderness and some encouragement of an Obligation this brave Person had hereby merited with them This getting a Pardon when nothing else must Books lately Printed and Sold by Jonathan Robinson at the Golden Lion in St. Pauls Church-yard relating to the great Revolutions in England and Scotland 1688 1689. ☞ AN Account of the Reasons of the Nobility and Gentry's Invitation of the Prince of Orange into England Being a Memorial from the English Protestants concerning their Grievances with a large account of the Birth of the Prince of Wales presented to their Highnesses the Prince and Princess of Orange A Collection of Political and Historical Papers relating to the wonderful Revolutions in England and Scotland in 12 Parts from the time of the seven Bishops petitioning K. James the 2d to the Coronation of K. Willian and Q. Mary A Brief History of the Succession of the Crown of England c. Collected out of the Records and the most Authentick Historians written for the Satisfaction of the Nation Wonderful Predictions of Nostredamus Grebner David Pareus and Autonius Torquatus wherein the Grandeur of their Present Majesties the Happiness of England and Downfall of France and Rome are plainly Delineated With a large Preface shewing That the Crown of England has not been obscurely foretold to their Majesties William the 3d and Queen Mary late Prince and Princess of Orange and that the People of this Ancient Monarchy have duly contributed thereunto in the present Assembly of Lords and Commons notwithstanding the Objections of Men of different Extremes A Seasonable Discourse wherein is examined what is lawful during the Confusions and Revolutions of Government especially in the Case of a King deserting his Kingdoms and how far a Man may lawfully conform to the Powers and Commands of those who with Various Successes hold Kingdoms Whether it be lawful 1 In Paying Taxes 2 In personal Service 3 In taking of Oaths 4 In giving up himself to a final Allegiance A Seasonable Treatise wherein is proved That King William commonly called the Conqueror did not get the Imperial Crown of England by the Sword but by the Election and Consent of the People To whom he swore to observe the Original Contract between King and People An Answer to a Paper Intituled The Desertion Discussed being a Vindication of the Proceedings of the late Honourable Convention in their Filling up the Throne with King William and Queen Mary An Exact Collection of the Debates of the House of Commons particularly such as relate to the Bill of Exclusion of a Popish Successor c. held at Westminster Octob. 21. 1680 Prorogued the 10th and Dissolved the 18th of January following With the Debates of the House of Commons at Oxford Assembled March. 21. 1680. Also a Just and Modest Vindication of the Proceedings of the said
Parliaments Julian's Arts to Undermine and Extirpate Christianity c. By Samuel Johnson The Impression of which Book was made in the Year 1683 and has ever since laid buried under the Ruins of all those English Rights which it endeavoured to defend but by the Auspicious and Happy Arrival of the Prince of Orange both They and It have obtained a Resurrection Dr. Gilbert Burnet now Bishop of Salisbury his Tracts in Two Vollumes in which are contained several Things relating to the Affairs of England The Mystery of Iniquity working in the Dividing of Protestants in order to the subverting of Religion and our Laws for almost the space of thirty Years last past plainly laid open With some Advices to Protestants of all Perswasions in the present Juncture of our Affairs To which is added A Specimen of a Bill for uniting of Protestants Liberty of Conscience now highly necessary for England humbly represented to this present Parliament An Enquiry into and Detection of the Barbarous Murther of the late Earl of Essex now under consideration of a Committee of the House of Lords Or a Vindication of that Noble Person from the Guilt and Infamy of having destroyed himself An Account of the Trial of Mr. Papillon To which is added The Matter of Fact in the chusing of Sheriffs in Sir John Moor's Year now under the consideration of the Committee for Grievances A Collection of strange Predictions of Mr. J. P. for the Years 1687 and 1688 about K. James the Second Prince of Wales and the scampering away of many great Ministers of State Arguments against the Dispensing Power in Answer to L. C. J. Herbert The Royal Cards Being a lively Representation of the late Popish and Tyrannical Designs and of the wonderful Deliverance of this Kingdom from the same by the glorious Expedition of William Henry Prince of Orange now King of England whom God long preserve printed in curious Copper Plates Price 1 s. a Pack Mumurers reproved in a Sermon preached by Mr. Hopkins c. England's Call to Thankfulness for her late great Deliverace By Mr. John Olliffe c. Melius Inquirendum Or a further modest and impartial Inquiry into the Lawfulness of taking the New Oath of Allegiance By a Divine of the Church of England A Friendly Debate between Dr. King's-Man a Dissatisfied Clergy-Man and Gratianus Trimmer a Neighbour-Minister concerning the late Thanksgiving-Day the Prince his Descent into England the Nobilities and Gentries joining with him the Acts of the Honourable Convention the Nature of our English Government the Secret League with France the Oaths of Allegiance and Supremacy c. with some Considerations on Bp Saunderson and Dr. Falkner about Monarchy Oaths c. Written for the Satisfaction of some of the Clergy and others that yet labour under Scruples By a Minister of the Church of England A Brief Vindication of the Parliamentary Proceedings against the late King James the Second Proving that the Right of Succession by nearness of Blood is not by the Law of God or Nature but by Politick Institution With several Instances of deposing Evil Princes shewing that no Prince hath any Title Originally but by the Consent of the People The Dying Speeches of several Excellent Persons who suffered for their Zeal against Popery and Arbitrary Government in the Reigns of King Charles the Second and King James the Second Ireland's Lamentation Being a Short but Perfect Full and true Account of the Scituation Nature Constitution and Product of Ireland With an Impartial Historical Relation of the most Material Transactions Revolutions and miserable Sufferings of the Protestants there from the Death of King Charles the Second to the latter end of April 1689. The Time and Manner of the late King 's Landing there What Men Monies Shipping Arms and Ammunition he brought with him The Manner of his going up and into Dublin His Kneeling to the Host Displacing all Protestants The Strength and Defeat of his Army and what else is of Note To which is added A Letter from a Lieutenant in the Irish Army dated at Dublin May 7. with an Account of Affairs to that Time
endeavours to have over-ruled without so much as hearing the Prisoners Counsel for the maintaining it for that they said it was nought because it produced no Record of his Impeachment and did not specify what the High-Treason was for which he was Impeached and that the King had Power to proceed on an Impeachment or Indictment for the same thing at his Election Nevertheless the Attorny General demurred and the Prisoner joined in the Demurrer And then after much arguing a Day was given to argue the Plea till Saturday May. 7. At which time the Attorny General added to the Exceptions he took to the Plea Whether a Suit in a Superior Court can take away the Jurisdiction of the Cause of the Person and of the Fact at the time of the Fact committed To maintain the Plea Mr. VVilliams of Counsel for the Prisoner in a very long and learned Discourse first spoke stating the Prisoner's Case upon the Indictment the Plea to the Indictment and the Demurrer to the Plea Alledging the Difference of an Impeachment from an Indictment and offering some Reasons why this Court ought not to proceed upon this Indictment Then answering distinctly Mr. Attorney's Exceptions to the Plea producing some Presidents of this Courts Prosecution being stop'd by Pleas to the Jurisdiction shewing what had been done upon those Pleas What Doom they had Laying before the Court the Right of the Commons to Impeach in Parliament the Judicature of the Lords to determine that Impeachment and the Method and Proceedings of Parliament submitting it to them how far they would lay their Hands on this Case thus circumstantiated Here the Ld. Ch. Justice declared That all these Things were quite foreign to the Case and the Matter in Hand only was Whether this Plea as thus pleaded was sufficient to protect the Prisoner from being questioned in this Court for the Treasonable Matter in the Indictment before them To which Mr. VVilliams reply'd That 't was an hard matter for the Bar to answer the Bench. After which Sir Francis Winnington pleaded That he conceived that it was confessed by the Demurrer that there is an Impeachment by the Commons of England of High-Treason against Fitz-Harris lodged in the House of Lords Secundum Legem consuetudinem Parliamenti And that the Treason for which he was impeached is the same Treason contained in the Indictment So that now the general Question was Whether an Impeachment for Treason by the House of Commons and still depending were a sufficient Matter to oust the Court from proceeding upon an Indictment for the same Offence Which he learnedly endeavoured to make good by several Reasons as well as Presidents Mr. Wallop pleaded next on the same side whose Province was to prove That the Treason in the Impeachment and in the Indictment was the same and that this was well averred in the Plea Mr. Pollexfen pleaded That a general Impeachment in Parliament was a good Impeachment and the Judges had declared so to the King and Council concerning the five Popish Lords who could not therefore be tried upon Indictments so long as general Impeachments were depending for the same Treason and that therefore this Plea was good both as to Matter and Form c. In reply to vitiate the Plea it was insisted on by Mr. Attorn Gen. Mr. Sol. Gen. Serj. Jefferies and Sir Francis VVithens of Counsel for the King that the Plea concluded not in the usual Form That perhaps this Matter if the Prisoner had been acquitted upon the Impeachment might have been pleaded in Bar to the Indictment but it was not pleadable to the Jurisdiction of the Court That in the Case of the five Lords the Indictments were removed into the House of Lords and that the Judges Opinion given at the Council-Board was not a Judicial Opinion nor did any way affect this Cause After which the Ld. Ch. Justice thought fit not to give present Judgment but to take time for Deliberation Whereupon the Prisoner was carried back to the Tower And on Tuesday May 10. Mr. Attorney moved the Court to appoint a Day for their Judgment on the Plea and for Fitz-Harris to be brought up which they appointed to be the next Morning Accordingly on Wednesday Morning May 11. the Prisoner being brought to the Bar the Ld. Ch. Justice deliver'd the Opinion of the Court upon Conference had with other Judges That his Brother Jones his Brother Raymond and himself were of Opinion that the Plea was insufficient his Brother Dolben not being resolved but doubting concerning it and therefore awarded the Prisoner should plead to the Indictment which he did Not Guilty and his Trial ordered to be the next Term. The Trial of Edward Fitz-Harris at the King's-Bench Bar at Westminster before the Lord Chief Justice Pemberton on Thursday June 9. 1681. THE Prisoner then and there appearing after several Challenges made for the King the Jury sworn were Thomas Johnson Lucy Knightly Edward Wilford Alexander Hosey Martin James John Viner William Withers William Cleave Thomas Goffe Ralph Farr Samuel Freebody John Lockier To whom the Indictment was read which was for High-Treason in conspiring the Death of the King and subversion of the Government the which Mr. Heath Serj. Maynard and Mr. Attorn Gen. opened And then Mr. Everard deposed How the Prisoner was with him on Monday Feb. 21. 1681. having a little before been with him to renew the Acquaintance which had been between them while they were both in the French King's Service and to perswade him to re-ingratiate himself into the French and Popish Interest and gave him by word of Mouth Heads to write a Pamphlet to scandalize the King raise Rebellion alienate the Hearts of the People and set them together by the Ears Whereupon he acquainted one Mr. Savile of Lincolns-Inn Mr. Crown Mr. Smith and Sir William Waller with it And the next day Mr. Fitz-Harris coming again to his Chamber in Grays-Inn he convey'd Mr. Smith into a Closet Sir William Waller failing to come where he both saw and heard the Prisoner ask him What he had done as to the Libel and give him further Instructions about what to write viz. That the King was Popishly Affected and Arbitrarily Inclined That King Charles the First had an Hand in the Irish Rebellion and King Charles the Second did countenance the same c. That the People should therefore be stirred up to rebel especially the City c. That the Day after he coming again he had convey'd Sir William Waller into the next Room where he also might both hear and see shewing him to Copies of what he had drawn up which he marked that he might know them again and see what alteration would be made That Fitz-Harris did them read one of the Copies and amended it adding some things and striking out other things saying The Libel was to be presented to the French Ambassador's Confessor and he was to present it to the French Ambassador and that it was to beget a