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A63173 The tryal of Edward Coleman, Gent. for conspiring the death of the King, and the subversion of the government of England and the Protestant religion who upon full evidence was found guilty of high treason, and received sentence accordingly, on Thursday, November the 28th, 1678. Coleman, Edward, d. 1678, defendant.; England and Wales. Court of King's Bench. 1678 (1678) Wing T2185; ESTC R4486 80,328 98

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THE TRYAL OF EDWARD COLEMAN Gent. FOR Conspiring the Death OF THE KING AND THE Subversion of the Government OF ENGLAND AND THE Protestant Religion Who upon Full Evidence was found Guilty of HIGH TREASON And received SENTENCE accordingly on Thursday November the 28th 1678. LONDON Printed for Robert Pawlet at the Bible in Chancery-Lane near Fleet-street 1678. November 28. 1678. I Do appoint Robert Pawlet to Print the TRYAL of Edward Coleman And that no other Person presume to Print the same WILLIAM SCROGGS THE TRYAL OF Edward Coleman Gent. ON Wednesday the Twenty Seventh day of November 1678. Mr. Coleman having been Arraigned the Saturday before for High Treason was brought to the Kings Bench Bar to receive his Tryal and the Court proceeded thereupon as followeth Court Cryer make Proclamation Proclamation for Silence Cryer O Yes Our Sovereign Lord the King do's strictly Charge and Command all manner of Persons to keep Silence upon pain of Imprisonmen● If any one can inform our Sovereign Lord the King the King's Serjeant or the King's Attorney General or this Inquest now to be taken of any Treason Murder Felony or any other Misdemeanour committed or done by the Prisoner at the Bar let them come forth and they shall be heard for the Prisoner stands at the Bar upon his Deliverance Court Cryer make an O yes Cryer O yes You Good Men that are impannelled to enquire between our Sovereign Lord the King and Edward Coleman Prisoner at the Bar answer to your names Court Edward Coleman Hold up thy hand These Good men that are now called and here appear are those which are to pass between you and our Sovereign Lord the King upon your Life or Death if you challenge any of them you must speak as they come to the Book to be sworn and before they are sworn The Prisoner Challenging none the Court proceeded and the Jury were sworn viz. JURY Sir Reginald Foster Baronet Sir Charles Lee. Edward Wilford Esquire John Bathurst Esquire Joshua Galliard Esquire John Bifield Esquire Simon Middleton Esquire Henry Johnson Esquire Charles Vmfrevile Esquire Thomas Johnson Esquire Thomas Eaglesfield Esquire William Bohee Esquire Court Cryer make an O yes Cryer O yes Our Sovereign Lord the King does strictly charge and command all manner of Persons to keep Silence upon pain of Imprisonment Court Edward Coleman Hold up thy hand You Gentlemen of the Jury that are now sworn look upon the Prisoner and hearken to his Charge You shall understand that the Prisoner stands Indicted by the name of Edward Coleman late of the Parish of St. Margarets Westminster in the County of Middlesex Gent. for that he as a false Traytor against our most Illustrious Serene and most Excellent Prince Charles by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. and his Natural Lord having not the Fear of God in his Heart nor duely weighing his Allegiance but being moved and seduced by the Instigation of the Devil his cordial Love and true Duty and natural Obedience which true and lawful Subjects of our said Lord the King ought to bear towards him and by Law ought to have altogether withdrawing and Devising and with all his strength intending the Peace and common Tranquillity of this Kingdom of England to Disturb and the true Worship of God within the Kingdom of England practised and by Law Established to overthrow and Sedition and Rebellion within this Realm of England to move stir up and procure and the cordial Love and true Duty and Allegiance which true and lawful Subjects of our Sovereign Lord the King toward their Sovereign bear and by Law ought to have altogether to Withdraw Forsake and Extinguish and our said Sovereign Lord the King to Death and final Destruction to bring and put the Twenty Ninth day of September in the Seven and Twentieth year of the Reign of our said Sovereign Lord Charles the Second of England Scotland France and Ireland King Defender of the Faith c. at the Parish of St. Margarets Westminster aforesaid in the County aforesaid Falsly Maliciously and Traiterously proposed Compassed Imagined and Intended to stir up and raise Sedition and Rebellion within the Kingdom of England and to procure and cause a miserable Destruction among the Subjects of our said Lord the King and wholly to Deprive Depose Deject and Disinherit our said Sovereign Lord the King of his Royal State Title Power and Rule of his Kingdom of England and to bring and put our said Sovereign Lord the King to final Death and Destruction and to overthrow and change the Government of the Kingdom of England and to alter the sincere and true Religion of God in this Kingdom by Law established and wholly to subvert and destroy the state of the whole Kingdom being in the universal parts thereof well Established and Ordained and to levy War against our said Sovereign Lord the King within his Realm of England And to accomplish and fulfill these his most wicked Treasons and Trayterous Designs and Imaginations aforesaid the said Edward Coleman afterward that is to say the Nine and twentieth day of September in the Twenty seventh year of the Reign of our said Lord the King at the Parish of St Margarets Westminster aforesaid in the County of Middlesex aforesaid Falsly Deceitfully and Trayterously Composed Contrived and Writ two Letters to be sent to one Monsieur le Chese then Servant and Confessor of Lewis the French King to Desire Procure and Obtain for the said Edward Coleman and other False Traytors against our said Sovereign Lord the King the Aid Assistance and Adherence of the said French King to alter the true Religion in this Kingdom Established to the Superstition of the Church of Rome and to subvert the Government of this Kingdom of England And afterwards that is to say the said Nine and twentieth day of September in the year aforesaid at the Parish of St. Margarets Westminster in the County of Middlesex aforesaid the said Edward Coleman Falsely Trayterously and Maliciously Composed and Writ two other Letters to be sent to the said Monsieur le Chese then Servant and Confessor to the said French King to the Intent that he the said Monsieur le Chese should Intreat Procure and Obtain for the said Edward Coleman and other False Traytors against our Sovereign Lord the King Aid Assistance and Adherence of the said French King to alter the true Religion in this Kingdom of England Established to the Superstition of the Church of Rome and to subvert the Government of this Kingdom of England And that the said Edward Coleman in further Prosecution of his Treason and Trayterous Imaginations and Intentions as aforesaid afterward viz. the Twenty ninth day of September in the Seven and twentieth year of the Reign of our said Sovereign Lord King Charles of England c. the said several Letters from the said Parish of St. Margarets Westminster in the County of Middlesex aforesaid Falsly
Maliciously and Trayterously did send to the said Monsieur le Chese into Parts beyond the Seas there to be delivered to him And that the said Edward Coleman afterward viz. the first day of December in the seven and twentieth year of our said Sovereign Lord the King at the said Parish of St. Margarets Westminster in the County of Middlesex aforesaid did receive from the said Monsieur le Chese one Letter in Answer to one of the said Letters first mentioned and written by him the said Edward Coleman to the said Monsieur le Chese which said Letter in Answer as aforesaid Falsly Maliciously and Trayterously received the day and year aforesaid at the Parish of St. Margarets Westminster aforesaid the said Edward Coleman did falsly trayterously and maliciously read over and Peruse And that the said Edward Coleman the Letter so as aforesaid by him in Answer to the said Letter received into his Custody and Possession the Day and Year last mentioned at the Parish of St. Margarets Westminster aforesaid in the County of Middlesex aforesaid did Falsly Maliciously and Trayterously Detain Conceal and Keep By which Letter the said Monsieur le Chese the Day and Year last mentioned at the Parish of St. Margarets Westminster in the County of Middlesex aforesaid did signifie and promise to the said Edward Coleman to obtain for the said Edward Coleman and other false Traytors against our Sovereign Lord the King Aid Assistance and Adherence from the said French King and that the said Edward Coleman afterward Viz. the tenth day of December in the seven and twentieth year of the Reign of our said Sovereign Lord the King at the Parish of St. Margarets Westminster in the County of Middlesex aforesaid his wicked Treasons and Traiterous Designs and Proposals as aforesaid did tell and declare to one Mounsieur Revigni Envoy extraordinary from the French King to our most Serene and Sovereign Lord King Charles c. in the County aforesaid residing and did falsly maliciously and trayterously move and excite the said Envoy extraordinary to partake in his Treason and the sooner to fulfil and compleat his Traiterous Designs and wicked imaginations and intentions the said Edward Coleman afterward Viz. the tenth day of December in the seven and twentieth year of the Reign of our Sovereign Lord King Charles the Second of England c. aforesaid at the Parish of St. Margarets Westminster in the County of Middlesex aforesaid did advisedly maliciously deceitfully and traiterously compose and write three other Letters to be sent to one Sir William Throckmorton Kt. then a Subject of our said Soveraign Lord the King of this Kingdome of England and residing in France in parts beyond the Seas Viz. at the Parish of St. Margarets Westminster in the County of Middlesex aforesaid to sollicite the said Monsieur Le Chese to procure and obtain of the said French King Aid Assistance and Adherance as aforesaid and the said Letters last mentioned afterward Viz. the day and year last named as aforesaid from the said Parish of St. Margarets Westminster in the County of Middlesex aforesaid did falsly and t●aiterously send and cause to be delivered to the said Sir VVilliam Throckmorton in France aforesaid against his true Allegiance and against the Peace of our Sovereign Lord the King that now is his Crown and Dignity and against the Form of the Statute in that Case made and Provided Court Upon this Indictment he hath been arraigned and hath pleaded thereunto not guilty and for his Tryal he puts himself upon God and his Country Which Country you are Your Charge is to enquire whether he be guilty of the High Treason whereof he stands indicted or not guilty If you find him guilty you are to enquire what Goods and Chattels Lands and Tenements he had at the time when the High Treason was committed or at any time since If you find him not guilty you are to say so and no more and hear your Evidence Cryer If any one will give Evidence on the behalf of our Soveraign Lord the King against Edward Coleman the Prisoner at the Bar let him come forth and he shall be heard for the Prisoner now stands at the Bar upon his Deliverance Mr. Recorder May it please you my Lord and you Gentlemen of the Jury Mr. Edward Coleman now the prisoner at the Bar stands indicted for High Treason and the Indictment sets forth that the said Edward Coleman indeavouring to subvert the Protestant Religion and to change and alter the same And likewise to stir up Rebellion and Sedition amongst the Kings Liege people and also to kill the King did on the 29th of September in the twenty seventh year of the Reign of our Sovereign Lord the King at the Parish of St. Margarets VVestminster in this County compose and write two several Letters to one Mounsieur Le Chese that was then servant and Confessor to the French King and this was to procure the French Kings aid and assistance to him and other Traitors to alter the Religion practised and by Law established here in England to the Romish Superstition The Indictment sets forth likewise that on the same day he did write and compose two other Letters to the same Gentleman that was servant and Confessor to the said King to prevail with him to procure the French Kings assistance to alter the Religion in this Kingdome established to the Romish Religion The Indictment sets further forth that he caused these two Letters to be sent beyond the Seas And it also sets forth that on the tenth of December the same moneth he did receive a Letter from the Gentleman that was the Confessor in answer to one of the former Letters and in that Letter aid and assistance from the French King was promised and that he did traiterously conceal that Letter My Lord the Indictment sets out further that on the tenth day of the same moneth he did reveal his Treasons and traiterous Conspiracies to one Mounsieur Revigni who was Envoy from the French king to his Majesty of Great Britain And his Indictment declares he afterwards did write three Letters more to Sir VVilliam Throckmorton then residing in France to procure the French Kings assistance to the alteration of the Religion practised here in England Of these several Offences he stands hereindicted To this he hath pleaded not guilty If we prove these or either of them in the Indictment you ought to find him guilty Serj. Maynard May it please your Lordship and you Gentlemen of the Jury This is a Cause of great Concernment Gentlemen the Prisoner at the Bar stands indicted for no less than for an intention and endeavour to murther the King For an endeavour and attempt to change the Government of the Nation so well settled and instituted and to bring us all to ruin and slaughter of one another and for an endeavour to alter the Protestant Religion and to introduce instead of it the Romish Superstition and Popery This
Moneth of July one Ashby who was sometimes Rector of St. Omers being ill of the Gout was ordered to go to the Bath this Ashby being in London Mr. Coleman came to attend him this Ashby brought with him Treasonable Instructions in order to expedite the King by Poison provided Pickering and Groves did not do the Work Ten thousand pound should be proposed to Sir George Wakeman to Poison the King in case Pistol and Stab did not take effect and opportunity was to be taken at the Kings taking Physick I could give other Evidence but will not because of other things which are not fit to be known yet L. Chief Just Who wrote this Letter Mr. Oates It was under the hand of White the Provincial beyond the Seas whom Ashby left it was in the name of Memorials to impower Ashby and the rest of the Consulters at London to propound Ten thousand pound to Sir George Wakeman to take the opportunity to Poison the King These Instructions were seen and read by Mr. Coleman by him Copied out and transmitted to several Conspirators of the Kings death in this Kingdom of England that were privy to this Plot. Recorder Know you of any Commission We have hitherto spoken altogether of the work of others now we come to his own work a little nearer L. Chief Just Who saw Mr. Coleman read these Instructions what said he Mr. Oates He said he thought it was too little I heard him say so L. Chief Just Did you see him take a Copy of these Instructions Mr. Oates Yes and he said he did believe Sir George Wakeman would scarce take it and thought it necessary the other Five thousand pound should be added to it that they might be sure to have it done L. Chief Just Where was it he said this Mr. Oates It was in the Provincials Chamber which Ashby had taken for his convenience at London until he went down to the Bath it was at Wild-house at Mr. Sandersons house L. Chief Just Ashby was imployed by his Instructions to acquaint the Consult of the Jesuits that there should be Ten thousand pound advanced if Doctor Wakeman would Poison the King now Asbby comes and acquaints him with it Why should Coleman take Copies Mr. Oates Because he was to send Copies to several Conspirators in the Kingdom of England L. Chief Just To what purpose should Mr. Coleman take a Copy of these Instructions Mr. Oates The reason is plain they were then a gathering a Contribution about the Kingdom and these Instructions were sent that they might be incouraged because they saw there was incouragement from beyond Seas to assist them And another Reason was because now they were assured by this their business would quickly be dispatched and by this means some Thousands of pounds were gathered in the Kingdom of England L. Chief Just To whom was Mr. Coleman to send them Mr. Oates I know not any of the Persons but Mr. Coleman did say he had sent his Suffrages which was a Canting word for Instructions to the Principal Gentry of the Catholicks of the Kingdom of England L. Chief Just How know you this that Mr. Coleman did take a Copy of these Instructions for that purpose as you say Mr. Oates Because he said so L. Chief Just Did any body ask him why he took them Mr. Oates Saith Ashby you had best make haste and Communicate these things Mr. Coleman answered I will make haste with my Copies that I may dispatch them away this night Recorder Was he not to be one of the Principal Secretaries of State Mr. Oates In the Month of May last New Stile April the Old Stile I think within a day after our Consult I was at Mr. Langhorn's Chamber he had several Commissions which he called Patents among his Commissions I saw one from the General of the Society of Jesus Joannes Paulus D'Ol●●a by vertue of a Brief from the Pope by whom he was enabled L. Chief Just Did you know his hand Mr. Oates I believe I have seen it Forty times I have seen Forty things under his hand and this agreed with them but I never did see him write in my life we all took it to be his hand and we all knew the hand and Seal L. Chief Just What Inscription was upon the Seal Mr. Oates Ι.Η. Σ. with a Cross in English it had the Characters of I. H. S. This Commission to Mr. Coleman in the Month of July I saw in Fenwicks presence and at his Chamber in Drury-Lane where then Mr. Coleman did acknowledge the Receipt of this Patent opened it and said It was a very good exchange L. Chief Just What was the Commission for Mr. Oates It was to be Secretary of State I saw the Commission and heard him own the Receipt of it Just Wild What other Commissions were there at Mr. Langhorns Chamber Mr. Oates A great many I cannot remember there was a Commission for my Lord Arundel of Warder the Lord Powis and several other persons But this belongs not to the Prisoner at the Bar I mention his Commission L. Chief Just Were you acquainted with Mr. Langhorn Mr. Oates Yes I 'le tell your Lordship how I was acquainted I was in Spain he had there two Sons to shew them special favour and kindness being meer strangers at the Colledge I did use to transmit some Letters for them to the Kingdom of England in my Pacquet When I came out of Spain I did receive Recommendations from them to their Father and in great civility he received me This was in November that I came to his house He lived in Shear-lane or thereabouts I understood that his Wife was a zealous Protestant therefore he desired me not to come any more to his house but for the future to come to his Chamber in the Temple L. Chief Just Had you ever seen Mr. Langhorn in London before Mr. Oates I never saw him till Nov. 77. to my knowledge I was several times in his company at his chamber and he brought me there to shew me some kindness upon the account of his Sons It was at the Temple for his Wife being a Protestant was not willing any Jesuits should come to the house I was to carry him a summary of all the results and particulars of the Consult at the White Horse and Wild House The Provincial ordered me to do it he knowing me being in that affair often imployed L. Chief Just Was it the second time you saw him that you saw the Commissions Mr. Oates I saw him several times in the month of November L. Chief Just When did you see the Commissions Mr. Oates In the month of April old stile May new stile L. Chief Just How came he to shew you the Commissions Mr. Oates I hearing of their being come had a curiosity to see them and he knew me to be privy to the concerns L. Chief Just How did you know he had the Commissions Mr. Oates By Letters L. Chief Just From whom Mr. Oates
From those of the Society at Rome wherein one Harcourt one of the Fathers was certified that the Commissions were come to Langhorn and were in his hand I saw the Letters at St. Omers before they came to Harcourt we read the Letters there before they came to England I had power to open them L. Chief Just Did you open the Letters Mr. Oates Yes L. Chief Just When saw you the Letters at St. Omers Mr. Oates I saw the Letters at St. Omers in the month of January then they came from Rome and after I received summons to be at this Consult in the month of April and accordingly we came over L. Chief Just VVhat time did you come over Mr. Oates In the month of April L. Chief Just VVhat time went you to Langhorns chamber I cannot reconcile the months together Just Dolben Did you not say you came to Langhorn in November Mr. Oates Yes before I went to St. Omers Just Wild. How many came over with you Mr. Oates I cannot tell how many came over together there were nine of us all Jesuits L. Chief Just Did not you say you went to Langhorn in November Mr. Oates That was before I went to St. Omers Attorn Gen. Tell how many Priests or Jesuits were lately in England that you know of at one time Mr. Oates There was and have been to my knowledge in the Kingdom of England Secular Priests eightscore and Jesuits fourscore and by name in the Catalogue I think three hundred and odd L. Chief Just How long had you been in England before you were at Mr. Langhorn's Chamber Mr. Oates Not long because I had Letters in my Pacquet from his Sons assoon as I had rested a little I went to him L. Chief Just What said Mr. Langhorn to you about the Commissions in his chamber Mr. Oats Not a word but seem'd glad L. Chief Just Did you see them open upon his Table or did you ask to see them Mr. Oates They did not lye open upon the Table but the Commissions were before him I asked to see them Mr. Langhorn said I I hear you have received the Commissions from Rome he said he had Shall I have the honour to see some of them He said I might he thought he might trust me and so he might because that very day I gave him an account of the Consult L. Chief Just When was it you gave him an account of the Consult Mr. Oates In the morning L. Chief Just You say you were twice there that day Mr. Oates I was there the whole Forenoon L. Chief Just That day you saw the Commissions Mr. Oates I had been there several times the same day and meeting him at last he asked me how often I was there before I said said twice or thrice but that day was the last time ever I saw him I have not seen him since to my knowledge L. Chief Just Was that the first time that you saw him after you came from Spain Mr. Oates I saw him thrice in November then I went to St. Omers the first time I saw him after I came from thence I saw the Commissions Attorn Gen. What were the Names of those men that came over from St. Omers besides your self Mr. Oates As near as I can remember the Rector of Liege was one Father Warren Sir Thomas Preston the Rector of Watton one Francis Williams Sir John Warner Baronet one Father Charges one Pool a Monk I think I made the ninth Attorn Gen. If the Prisoner at the Bar be minded he may ask him any Question Prisoner I am mighty glad to see that Gentleman Sir Thomas Dolman in the Court for I think he was upon my Examination before the Councel and this man that gives now in Evidence against me there told the King he never saw me before and he is extreamly well acquainted with me now and hath a World of Intimacy Mr. Oates at that time gave such an Account of my Concern in this matter that I had orders to go to Newgate I never saw Mr. Oates since I was born but at that time L. Chief Just You shall have as fair a Search and Examination in this matter for your Life as can be therefore Mr. Oates answer to what Mr. Coleman saith Mr. Oates My Lord when Mr. Coleman was upon his Examination before the Council-board he saith I said there that I never saw him before in my Life I then said I would not swear that I had seen him before in my Life because my sight was bad by Candle-light and Candle-light alters the sight much but when I heard him speak I could have sworn it was he but it was not then my Business I cannot see a great way by Candle-light L. Chief Just The Stress of the Objection lyeth not upon seeing so much but how come you that you laid no more to Mr. Coleman's charge at that time Mr. Oates I did design to lay no more to his Charge then than was matter for Information For Prisoners may supplant Evidence when they know it and bring Persons to such Circumstances as Time and Place My Lord I was not bound to give in more than a general Information against Mr. Coleman Mr. Coleman did deny he had Correspondence with Father Le Chese at any time I did then say he had given him an account of several transactions And my Lord then was I so weak being up two nights and having been taking Prisoners upon my Salvation I could scarce stand upon my Legs L. Chief Just What was the Information you gave at that time to the Council against Mr. Coleman Mr. Oates The Information I gave at that time as near as I can remember but I would not trust to my memory was for writing of News-Letters in which I did then excuse the Treasonable Reflexions and called them Base Reflexions at the Council-board the King was sensible and so was the Council I was so wearied and tyred being all that Afternoon before the Council and Sunday night and sitting up night after night that the King was willing to discharge me But if I had been urged I should have made a larger Information L. Chief Just The thing you accused him of was his own Letter Pris He doth not believe it was my Letter L. C. Just You here charge Mr. Coleman to be the man that gave a Guinny to expedite the business at Windsor c. at the time when you were Examined at the Council-Table you gave a particular account of attempting to take away the Kings life at Windsor and raising twenty thousand pounds and all those great Transactions why did you not charge Mr. Coleman to be the man that gave the Guinny to the Messenger to expedite the business when the 80 pounds was sent that he found out a way of transmitting 200000 pounds to carry on the Design he consulted the killing the King and approved of it very well And of the Instructions for 10000 pounds and said it was too little
the Instructions he did approve of L. Chief Just How long after the Consultation was it that he approved of it Oates It was two or three days before he did give his approbation Just Wild. What words did he say Oates He did express his consent but to say the very words I cannot tell L. Chief Just Will you ask him any more Pris I would know the day in August L. Chief Just He saith he doth not remember the day Oates I believe I will not be positive in it it was about the 21th day of August Just Wild and Just Jones Was it in August Old-stile Oates Yes Pris I can prove I was in Warwick-shire at that time That day he guesseth the 21th of August I can make it appear I was Fourscore Miles off L. Chief Just You will do well to prove you was there when the Guinny was given Will you ask him any more Pris No. L. Chief Just You may say as you will but Mr. Oates doth charge that expresly in August according to the English Stile you were at this Wild-House and that he saw fourscore Pounds prepared You Mr. Coleman asked the Question what preparations were made for the Men going to Windsor It was answered fourscore Pounds are prepared And your self gave a Guinny for expedition It is a hard matter to press a Man to tell the precise day of the Month but positively he doth say it was in August Pris I was Two and Twenty or Three and Twenty days in August in Warwick-shire L. Chief Just What have you now more to say Pris My Lord I never saw Mr. Oates but in the Council-Chamber I never saw him in Rome in other Parts I never saw the Face of him or knew him in my whole life nor did I see the other till now in Court as I hope to be saved And then my Lord as to their testimony neither of them Swear the self-same Fact L. Ch. Just No man shall be guilty if denial shall make him innocent They swear to the Fact of killing the King both of them and that 's enough If one saith you have a Plot to poyson that is killing the King and the other swears a Plot to shoot or stab him that is to the killing of the King also Then there 's your own Undertaking in your Letter under your Hand Pris For Treason with submission to your Lordship I hope there 's none in that though there are very extravagant Expressions in it I hope some Expressions explain it that it was not my design to kill the King L. Ch. Just No your Design was for the Conversion of three Kingdoms and subduing of that Heresie that had reigned so long in this Northern part of the World And for effecting whereof there were never more hopes since our Queen Mary ' s time till now and therefore pressing the King of France to use his Power Aid and Assistance and does this signifie nothing Pris Doth Aid and Assistance signifie more than Money The word Aid in French is Power they are promiscuous words L. Ch. Just You are Charged to have had a Correspondency and Agency with Foreign Power to subvert our Religion and bring in Foreign Authority and Power upon us which must be the necessary consequence How can this be proved plainer than by your Letters to press the French King that he would use his Power Pris Consider the Contexture and Connexion of things whether the whole series be not to make the King and the Duke as far as I thought in my power as great as could be L. Ch. Just How well or ill you excuse the fault that 's not the Question they relate to the Duke most of them little to the King You were carrying on such a Design that you intended to put the Duke in the Head of in such method and ways as the Duke himself would not approve but rejected Pris Do not think I would throw any thing upon the Duke though I might in the beginning of it possibly make use of the Dukes Name it is possible they say I did but can any imagine the people will lay down Money 200000l or 20000l with me upon the Dukes Name and not know whether the Duke be in it and consequently no body will imagine the Duke would ever employ any sum to this Kings prejudice or disservice while he lived I take it for granted which sure none in the world will deny that the Law was ever made immediately subject to the King or Duke and consequently to the Duke I cannot think this will ever be expounded by the Law of England or the Jury to be Treason L. Ch. Just What a kind of way and talking is this You have such a swimming way of melting words that it is a troublesom thing for a man to collect matter out of them You give your self up to be a great Negotiator in the altering of Kingdoms you would be great with mighty men for that purpose and your long Discourses and great Abilities might have been spared The thing these Letters do seem to import is this That your Design was to bring in Popery into England and to promote the interest of the French King in this place for which you hoped to have a Pension that 's plain The Dukes Name is often mentioned that 's true sometimes it appears it is against his will and sometimes he might know of it and be told that the consequence was not great Now say you these Sums of Money and all that was done it did relate to the King or Duke and it was to advance their interest and you thought it was the way to do it How can this advance them unless it were done to do them service and if they do not consent to it and how can this be Treason what kind of stuff is this You do seem to be a mighty Agent might not you for a colour use the Duke of York's Name to drive on the Catholick Cause which you was driven to by the Priests mightily and think to get 200000l advance money and a Pension for your self and make your self somebody for the present and Secretary of State for the future If you will make any defence for your self or call in Witnesses we will hear them say what you can for these vain inconsequential discourses signifie nothing Pris I have Witnesses to prove I was in Warwick-shire L. Ch. Just to Boatman a Witnesse Where was Mr. Coleman in Aug. last Boatm In Warwick-shire L. Ch. Just How long Boatm All August to my best remembrance L. Ch. Just Can you say that he was in Warwick-shire all August that he was not at London Boatm I am not certain what time of the Month he was in London L. Ch. Just That he was there in August may be very true I do not ask how long he was in Warwick-shire but was he no where else To which the Witness could make no positive answer Pris I was at the Lord Denby's and