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
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
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
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
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
Defence he could but with a broad Sword he was run through his Arms and with a small Weapon he was run through in another place of his Arm. He had several other Wounds and one of them setting his Foot hard upon his Breast and keeping him down he believes was run into the Leg by one of his Companions for he heard him say Dam-me thou hast spoyl'd my Leg. They laughed all the while and were exceeding merry He had then on a pair of Bodice of Whale-Bone notwithstanding which he had four or five Wounds in his Body through them for they were not proof but they imagin'd they were finding their Swords double sometimes and one of them said Dam-me he has Armour on Cut his Throat Immediately one kneeled down and gave him several Cuts in the lower part of his Face he did what he could to defend himself but they gave him some indellible Marks By a Candle in a Window in Sir Timothy Baldwin's House as he supposed and some Women in his Yard giving them the first disturbance and a Boy coming by with a Link the same time he both saw the Face of Giles and remembred it was he whom he had seen in the Lane just before They then pulled the Cloak from off him and he seeing the Light and being eased of the Weight he strain'd all his strength and cried out and then Company came in and carried him into the Sugar-Loaf and from thence to his Lodging where his Friends came to him and a Chirurgion was sent for And that as the Assassinates went away from him they clapt their Swords close to their Bodies and went away laughing aloud one of them saying these Words Now you Dog pray for or pray again for the Soul of Captain Evans who was a Jesuit taken by him in Monmouth and Executed at Cardiffe for being a Priest Who when the Under Sheriff came to give him notice that he had a Warrant for his speedy Execution the said Evans being in a Game at Tennis said God Dam-me I will play out my set first To all which Giles only said that Mr. Arnold knew him very well and that his Wife was a near Relation of his Then Mr. Stephen Phillips deposed That the next day in the Evening about 8 or 9 a Clock he was drinking with Giles at the Crown-Tavern in New-street in Covent-Garden and discoursing about Mr. Arnold's Misfortune among the rest Mr. Giles talking of it said God dam him or God Rot him he had Armour on they say Then Mr. Walter Watkins deposed That on May 5. he being at the stating some Accounts between Mr. Giles and Mr. Richmond at Vske in Monmouth-shire He asked Giles for some Horse-Hair to make a Fishing-Line Giles replied That he had left very good Hair for him at a Farriers in Glocester but he and Mr. Herbert Jones made such haste through Glocester that they did not call for the Horse-Hair and asking the occasion of his Haste he answered it was for fear they should be stopt in their Journey as suspected to be concerned in Mr. Arnold's Business Mr. George Richmond then with whom Giles stated the Accounts deposed the very same adding That he could not say whether Giles called him Esq Arnold or Mr. Arnold or what he seldom used to give him so good words Then Mr. Walter Powel swore That he being at one Peter Darcy's House a Sword-Cutlers in Vske Giles came to him to have his Sword mended and Darcy said to him Where have you been you have been hot at it What have you been fighting with the Devil No said Giles with Damn'd Arnold Upon this Darcy said he must not speak such words and Giles's Wife pluck'd him by the Coat and bid him hold his Tongue This was on May 5. and there were by the Prisoner at the Bar and his Wife and Darcy and his Apprentice Then Mr. William Richmond deposed That Giles asked him in the Afternoon before Mr. Arnold was hurt Where he might buy a good Rapier And that he had then a good Back-Sword in the House That he endeavour'd to have prevented the Execution of Father Lewis and when he was executed was very active a dipping Cloaths in his Blood That the day of the Assault he and Giles went into Long-lane together to inquire after their Friends and afterwards to the Artillery to see the Exercise then to Long-lane again from thence to Whetstones-Park and afterwards to Drury-lane and about 9 at Night they came to their Inn being the Kings-Arms in St. Martins-lane and he left Giles taking a Pipe of Tobacco in the Kitchin and went up into his Chamber with some other Company and drunk till nigh One and about 12 seeing the Maid making up another Bed he stept to her and asked her who it was for she said for a Man that was not willing to lie with any Body After this about one a Clock as he was going to Bed he heard Giles com up stairs and bid him Good-night just as he was pulling off his Breeches Then one Mr. Bridges deposed That about a Year ago he heard Giles say That the Papists were the best Religion and that those that were not of that Religion were Damn'd and that he that says there is a Plot is a Rogue and a Thief One Walter Moor also swore that he had heard him say That if the Lords in the Tower were Executed there would be a greater War than ever was in England and it would cost more Blood than ever was spilt which he swore saying The Lords deserved not Death for that there was no Plot at all Mr. Reynold deposed that on May 2 at Langoone in Monmouth-shire he heard Giles say That he could not think but that Mr. Arnold wounded himself says his wife How could he wound himself in his Arms said he It was himself or some of his Friends Then Mr. Hobbs the Chyrurgeon deposed That he found Mr. Arnold bleeding with two Wounds through his Arm one Wound and several Bruises in his Head two Cuts on his Face another upon his Throat which bled very much two upon his Breast and one in the Belly six Inches and an half deep Which he believed he could not give himself Fifteen or sixteen Witnesses more for the King that were attending in the Court were not examin'd the Court being in some haste and the King's Counsel not pressing it there being so full Evidence Then Mr. Darnall being of Counsel for the Prisoner began a Defence and called Mr. Philpot who said He was at the Crown-Tavern with Mr. Giles when Mr. Phillips was and he heard no such Saying but that Giles said if any thing should be upon Mr. Arnold it was a very strange thing and was sorry for it Mr. Herbert Jones Mayor of Monmouth then deposed That he went with Giles from London and came with him to Glocester and inn'd at the Old-Bear and after Dinner went to the New-Bear and drank Sider and staid several hours in Town and being
nor could ever endure him reviling him as having been a poor Boy found at the Door then a Thresher then a Baily and now a Witness for the King To this end he acknowledged that he spoke to Dugdale on the 20th of September in his Chamber but not alone nor about any thing but a Race to be run that day on Etching-Hill which he proved by the Testimony of his own Servants Nicholas Furness a Dutch-man whose Blunder in his Evidence made the Auditory laugh and George Leigh He produced also Thomas Sawyer a Servant to the Lord Aston and Mr. Phillips Parson of Tixal as to the Reputatiof Dugdale who said little more to disparage him than that he ran away from the Lord Aston and was apprehended and would then have been own'd by my Lord as his Servant which was refused and Six Walter Bagot Mr. Thomas Kinnersley and Sir Thomas Whitgrave being the Justices before whom he was brought affirmed That then he took the Oaths of Allegiance c. and protested he knew nothing of the Plot. Then the Lord Stafford offered to prove further against Dugdale that he had offered Mony to some to swear falsly against his Lordship to this end William Robinson a Worcestershire-man affirmed That about Midsummer was twelve-month Dugdale offered him Mony in London to swear against the Lord Stafford and John Morral a Barber in Ridgley in Staffordshire that he proffer'd him 50 l. in Hand and 50 l. more when the thing was done to swear against Mr. Howard Sir James Symonds Mr. Herbert Aston and several others as concern'd in the Plot And Samuel Holt a Black-smith at Tixal that he proffered him 40 l. to swear that Walter Moor carried Ewers away Then the Lord Stafford proceeded to prove that Dugdale deposed at the Trial of the five Jesuits That he communicated the News of Sir E. Godfrey's Death which was on Saturday to Mr. Sambidge the Tuesday following which Mr. Sambidge denies That he so swore Mr. John-Lydcott a Fellow of King's-Colledg in Cambridg and one Charles Gifford who were present at that Trial and took Notes did testify And Mr. Sambidge denied that he heard of the News till Friday or Saturday or that he was at the Ale-house with Dugdale at all but that he was an ill Man and very abusive especially to the Clergy Then the Lord Stafford proceeded against Dr. Oates objecting against him That when he was examin'd before the Council having named many and not naming the Prisoner he said he had no more to accuse and for the proof of this he call'd Sir Philip Lloyd who remembred nothing of it and appealed to the Lords then present but none could speak to it till at length the Earl of Berkley did say That he remembred in the House of Lords when Dr. Oates was asked If he could accuse any other Person of what Quality soever Oates answered That he had no more in relation to England to accuse but in relation to Ireland he had which was after he had accused the Lord Stafford though before he had accused the Queen Then he called for Mr. Dugdale again and objected further against him That he did depose before Tho. Lane and J. Vernon two Justices in Staffordshire Decemb. 24. 1678. That presently after one Howard Almoner to the Queen went beyond-Seas he was told by Geo. Hobson Servant to the Lord Aston that there was a Design c. Whereas this Hobson was not a Servant to the Lord Aston of three Years after the Almoner went and yet here he says presently But Dugdale explained that his meaning was that Hobson told him there was a Design presently after the Almoner went c. Which was contested but at last submitted to Then Mr. Turbervile was called again and the Prisoner objected against him his deposing to the Year 1673 one day and to 1672 the next whence he concluded him to be necessarily perjured But Sir William Poultney who took his Affidavit related the whole Story which shewed him to be mistaken in the Year which he finding out that Night by a Paper he found came and corrected it himself the next Morning And whereas the Lord Stafford had charged him for a Coward and for running away from his Colours he produced his Discharge from his Captain which certified otherwise Then whereas Turbervile had before deposed that his Lordship was lame of the Gout when he waited upon him in France he declared he had not been lame these forty Years and never had the Gout in his Life and his two Servants Furness and Leigh testified the same for the time they had lived with him and who were with him then in France but denied that ever they saw Turbervile with him And whereas Turbervile deposed That he came to England by Calice he said he came by Diep and produced one Mr. Wyborne who testified the same together with his aforesaid two Servants Again whereas Turbervil deposed That when he came from Doway his Relations were angry with him and the Lord Powis and his Lady he affirmed that he was upon his return received courteously at the Lord Powis's House and by his Relations which was testified by John Minhead one that belonged to the Lord Powis and a French-Man And whereas Turbervile said he was disinherited his elder Brother by another Mother testified the kindness of his Relations towards him and that there was no Estate likely ever to come to him there being so many Heirs before him Finally whereas Turbervile also in his Affidavit had said the Lord Castlemain was at the Lord Powis's at such a time which must be either in the Years 1672 1673 or 1674 he called Mr. Lydcott again to testify he was not in Wales in any of those Years who by his Notes which he confessed he had transcribed out of another Book spoke very particularly to the times only the beginning of 1672 he could not tell how to account for nor did Turbervile ever say positively to a Year So the Lord Stafford being asked if he had any more Witnesses and answering he had three or four the Peers thought it too late to proceed and so adjourned into the Parliament-Chamber and the Commons went back to their House to whom the Lords sent a Message that they had ordered the Prisoner again to the Bar at Ten next Morning The Fourth Day FRiday Decemb. 3 1680. about Ten the Court being sat and the Prisoner at the Bar the Ld. High Steward reminding him how far he had gone and where he left off in his Defence desired him to go on Who called therefore John Porter Butler to the Lord Powis who said That about a Year ago in several places in London he heard Turbervil say that he believed neither the Lord Powis nor the rest of the Lords were in the Plot and the Witnesses that swore against him he believed were perjured and he could not believe any thing of it and that as he hoped for Salvation he knew nothing of it neither directly
Plot being then present how that on December 23 1678. he meeting Mr. Dugdale at Stafford upon business he perswaded him to discover and got him examin'd that day and afterwards more fully the next day After him one Mr. Thomas Mort who had been Page to the Lord Powis deposed that he saw Turbervile at Paris and knew he convers'd with the Lord Stafford whom he knew not and came with him to Diep to go over with him and my Lord for whom they waited a fortnight much to their Inconveniency and therefore he or some of the Company said Cursed is he that relies on a broken Staff alluding to the Lord Stafford's Name That Turbervile then told him if he went to Calice he might go over with my Lord but how he came to know that he knew not but he got another opportunity and so came over Then Mr. Powel a Gentleman of Greys-Inn deposed that he heard him mention his knowledg about the Plot about a Year ago but that he did not think fit then to reveal it for fear of his Brother's Anger and because some of the Witnesses had been discouraged and he was afraid he should be so too Then Mr. Arnold one of the Members of the House of Commons deposed that he knew Mr. Turbervile to be a very civil honest Gentleman and that the reason he discover'd no sooner was he told him because the Witnesses that were come in were in danger of their Lives and were discouraged and as long as the D. of York had so great a Power in the Council and the Lady Powis's Brother in those Parts he lived which his Lordship usually calls his Province he durst not for his Life Then Mr. Hobby being sworn gave a very good Character also of Mr. Turbervile whom he had known four Years Mr. Matthews a Divine being sworn gave him likewise a good Character and that he had often discoursed with him and found him inclinable to come off from the Roman Religion and that he had known him four Years Mr. William Seys being sworn said he never heard nor knew any ill by Mr. Turbervile whom he had known two Years Captain Scudamore deposed much the same as to Mr. Turbervile's Credit Then whereas the Lord Stafford had brought his Servants to prove he had not been lame of so long a time the Lords Stamford and Lovelace deposed that they had observed him lame within less than seven Years which his Lordship excused saying it was only his Wearines And here the Managers resolving to call no more Witnesses urged the Prisoner to sum up his Defence that the Process might be closed But he called Mr. Whitby again asking him if he had not once complained of Dugdale to the Lord Aston telling him he was a Knave Mr. Whitby confessed he told the Lord Aston that Dugdale was a Dishonour to his Family in not paying People their Mony when they came for it But he was told afterwards it signified nothing for that the present Ld. Aston would hear nothing against him Then the Ld. Stafford gave into the Court Wright's Letter who being called owned his hand saying That was one which he was hired to write which intimated as if Dugdale had suborned him to swear false c. Then the Prisoner being urged to conclude he protested his Unreadiness and Weakness whereupon the Court broke up and the Lords sent a Message to the Commons that to morrow morning at 10 they had ordered the Prisoner again to the Bar. The fifth Day SAturday December the 4th 1680. About 10 the Court being sat and the Prisoner call'd upon to sum up his Defence he prayed leave to call a few Witnesses more which after some Debate and his Lordships Weeping was admitted And then the Lord Ferrers was called upon to speak his Knowledg of Southall who said he could only speak by hear-say that he had been an active Man in the late times against the King and is counted a pernicious Man against the Government The Lieutenant of the Tower also was called and testify'd that Dugdale coming to make up his Accounts the Lord Aston desired the Lieutenant to be present who said he did not understand Accounts but would get one that did whereupon Dugdale said he would come another time but never did that he saw or heard of The Prisoner began to sum up his Defence and ended with proposing these five Points of Law 1st That there is no precedent for criminal Proceedings to be continued from Parliament to Parliament as this had been to three 2ly Whether in capital Cases they can proceed upon Impeachment and by Indictment first found by the Grand Jury 3ly There is a defect in the Impeachment there being no overt Act alledged 4ly The Witnesses by Law are not competent because they swear for Mony And not having proved him a Papist whether he can be concern'd as to the Plot in general 5ly That there ought to be two Witnesses to every point Thus concluding the Managers vindicated Mr. Southall's Credit sufficiently by the Depositions of the Lord Brook and Mr. William Leveson-Gower who knew him very well to be an honest able good Man and of the Church of England and an eager Prosecutor of Papists Then Sir William Jones one of the Managers summ'd up the Evidence very largely and Mr. Powle another of them proceeded and Serjeant Maynard answered his matters in Law shewing to the third several Overt Acts as receiving a Commission being at Consults and hiring Persons to kill the King To the 2d That an Impeachment of the House of Commons is more than an Indictment To the 1st That what is once upon Record in Parliament may at any time be proceeded upon And then Sir William Jones spoke again And to the 5th said there needed but one Witness to one Act and another to another where the several Acts as here fall under the same head of Treason And to the 4th that he had not proved and however that what Mony the Witnesses had was for their Maintenance only Sir Francis Winnington spoke also to the same heads And then the Prisoner urged that his Counsel might be heard as to those Points who were Mr. VVallop Mr. Saunders and Mr. Hunt and the first proposed to be handled being the last Mr. VVallop excused himself from speaking to it because it lately had been determin'd in the inferiour Courts Then the Lords adjourned into the Parliament Chamber to consider the Points the Commons staying and returning after about an hour the Lord High Steward declared that it was the Lords Will that all the Judges present should give their Opinions whether the 5th Point was doubtful and disputable or no. Then all the Judges consulted privately together and afterward gave their Opinions in the Negative Seriatim first the Ld. Ch. Justice North the Ld. Ch. Baron Montague Mr. Justice VVyndham Mr. Just Jones Mr. Just Dolben Mr. Just Raymond Mr. Baron Atkins Mr. Baron Gregory Mr. Baron VVeston and Mr. Just Charlton After
which the Court adjourned and the Lords sent a Message to the Commons that they had ordered the Prisoner to the Bar again on Monday morning at 10 a Clock The sixth Day MOnday December 6. 1680. about 11 the Court being sat and the Prisoner at the Bar his Petition was read which was for leave to offer a few things more to clear himself and which the Ld. H. Steward told him the Lords had granted He then said that seeing he had received their Order that his Counsel should not be heard touching the continuance of Impeachments from Parliament to Parliament he desired that he might offer them his own Conceptions concerning that urging that they had not yet declared their own Judgments either as to that or whether they did acquiesce in the Judges Opinions praying that his Counsel might be heard as to the other points protesting his own Innocency and Abhorrency of Treason reading then his Case and repeating his Defence c. After which the Lords adjourned into the Parliament Chamber and the Commons returned to their House and received a Message from the Lords that they had ordered the Prisoner to the Bar to receive Judgment to morrow at 10. The seventh Day TUesday December 7 1680. About 11 the Court being sat the Ld. H. Steward took the Votes of the Peers upon the Evidence beginning at the Puisne Baron and so upwards in order the Lord Stafford being as the Law required absent The Ld. H. Steward began then saying My Lord Butler of VVeston Is VVilliam Lord Viscount Stafford Guilty of the Treason whereof he stands impeached or not Guilty Lord Butler Not Guilty upon my Honour The same Question was put to the rest whose Names and Votes follow Ld. Arundel of Trerice Not Guilty upon my Honour Ld. Crewe Guilty upon my Honour Ld. Cornwallis Guilty upon my Honour Ld. Holles Not Guilty upon my Honour Ld. VVootton Not Guilty upon my Honour Ld. Rockingham Guilty upon my Honour Ld. Lucas Not Guilty upon my Honour Ld. Astley Guilty upon my Honour Ld. VVard Not Guilty upon my Honour Ld. Byron Not Guilty upon my Honour Ld. Hatton Not Guilty upon my Honour Ld. Leigh Guilty upon my Honour Ld. Herbert of Cherbury Guilty upon my Honour Ld. Howard of Escrick Guilty upon my Honour Ld. Maynard Guilty upon my Honour Ld. Lovelace Guilty upon my Honour Ld. Deincourt Not guilty upon my Honour Ld. Grey of Wark Guilty upon my honour Ld. Brook Guilty upon my honour Ld. Norreys Not guilty upon my honour Ld. Chandos Guilty upon my honour Ld. North and Grey Guilty upon my honour Ld. Paget Guilty upon my honour Ld. Wharton Guilty upon my honour Ld. Eure Guilty upon my honour Ld. Cromwel Guilty upon my honour Ld. VVindsor Not guilty upon my honour Ld. Conyers Guilty upon my honour Ld. Ferrers Not guilty upon my honour Ld. Morley Not guilty upon my honour Ld. Mowbray Not guilty upon my honour Ld. Viscount Newport Guilty upon my honour Ld. Visc Faulconberg Guilty upon my honour Earl of Conway Guilty upon my honour E. of Berkley Not guilty upon my honour E. of Maclesfield Guilty upon my honour E. of Hallifax Not guilty upon my honour E. of Feversham Not guilty upon my honour E. of Sussex Guilty upon my honour E. of Guilford Guilty upon my honour E. of Shaftesbury Guilty upon my honour E. of Burlington Guilty upon my honour E. of Ailesbury Not guilty upon my honour E. of Craven Not guilty upon my honour E. of Carlisle Guilty upon my honour E. of Bath Not guilty upon my honour E. of Essex Guilty upon my honour E. of Clarendon Not guilty upon my honour E. of St. Albans Not guilty upon my honour E. of Scarsdale Guilty upon my honour E. of Sunderland Guilty upon my honour E. of Thanet Not guilty upon my honour E. of Chesterfield Not guilty upon my honour E. of Carnarvan Not guilty upon my honour E. of Winchelsea Guilty upon my honour E. of Stamford Guilty upon my honour E. of Peterborough Not guilty upon my honour E. of Rivers Guilty upon my honour E. of Mulgrave Guilty upon my honour E. of Barkshire Guilty upon my honour E. of Manchester Guilty upon my honour E. of Westmoreland Guilty upon my honour E. of Clare Guilty upon my honour Earl of Bristol Guilty upon my honour E. of Denbeigh Not guilty upon my honour E. of Northampton Guilty upon my honour E. of Leicester Guilty upon my honour E. of Bridgwater Guilty upon my honour E. of Salisbury Guilty upon my honour E. of Suffolk Guilty upon my honour E. of Bedford Guilty upon my honour E. of Huntington Guilty upon my honour E. of Rutland Not guilty upon my honour E. of Kent Guilty upon my honour E. of Oxford Guilty upon my honour Ld. Chamberlain Not guilty upon my honour Marquess of Worcester Not guilty upon my honour D. of Newcastle Not guilty upon my honour D. of Monmouth Guilty upon my honour D. of Albemarle Guilty upon my honour D. of Buckingham Guilty upon my honour Ld. Privy-Seal Guilty upon my honour Ld. President Guilty upon my honour Ld. H. Steward Guilty upon my Honour Prince Rupert Duke of Cumberland Guilty upon my Honour The Ld. H. Steward then declared that upon telling the Votes he found there were 31 that think the Prisoner Not Guilty and 55 that have found him Guilty Whereupon the Prisoner was brought to the Bar and the Ld. High Steward informing him the Lords had found him Guilty He said God's Holy Name be praised for it confessing it surpriz'd him for he did not expect it and that he had only this to say for suspending of Judgment That he did not hold up his Hand at the Bar which he conceived he ought to have done and that though he was tried upon the Act of 25. Edw. 3. yet there being nothing more in that Act than what is included in the Act of the 13th of this King he ought only to lose his Seat in Parliament which was the Punishment there put down for a Peer submitting to their Lordships and desiring their Judgments in these Points Then the Lords Adjourned into the Parliament-Chamber and the Committee of Commons returned to their own House and the Speaker having re-assumed the Chair the whole Body of the House went with their Speaker to the Bar of the House of Lords to demand Judgment of High-Treason against William Viscount Stafford upon the Impeachment of the Commons of England in Parliament in the Name of the Commons in Parliament and of all the Commons of England Then the Commons with their Speaker went back to their House Then the Lords took into Consideration what Judgment was to be given and it was moved that he might be beheaded After some Debate the Judges were asked Whether if any other Judgment than the usual Judgment for High-Treason were given upon him it would attaint his Blood The Judges were of Opinion that the Judgment for High-Treason appointed by Law is to
drinking with Haynes who fell very foul against the Grand Jury because they had not found that Bill and he said my Lord Shaftsbury was a little Toad but that he would do his Business very suddenly Then he railed upon the Parliament and said they were a Company of Rogues they would give the King no Mony but that he would help him to Mony enough out of the Phanaticks Estates And said that they would damn their Souls to the Devil before the Catholick Cause should sink And that on Munday last meeting with Haynes again at Vxbridge at the Crown in discourse he heard him say that Sheriff Bethel's Estate should be the King 's e're long To invalidate this Testimony Haynes deny'd that ever he saw Lun before he saw him at Vxbridge which was sworn also by Mr. White the King's Messenger who was by and whose Prisoner Mr. Lun had been two Years affirming that Lun ask'd him who Haynes was and that he heard no such words spoken after which Serj. Jefferies bespatter'd him with some of his Reflections Next Mr. Jeremiah Broadgate was call'd who said That drinking with Mr. Turbervile he told him how the King's Evidence were villified and looked upon as poor inconsiderable Fellows and that he had had very great Offers from the Court if he would disown the Popish Plot and go upon the contrary Side Which Evidence also was rejected as nothing to the purpose Then Mr. John Zeal was called who because he could say nothing but what he had heard Mr. Ivy tell him was set aside And Mr. Ivy was called who confessing that he had given Evidence against the Prisoner the Prisoner concluded he could be no good one for him Therefore Mr. William Lewes was called who declared he knew nothing of any of the Evidence as to the Prisoner that he could only say something of Mr. Ivy as to a Presbyterian Plot and my Lord Shaftsbury And therefore Dr. Oates was next called who produced a Petition to the Common-Council subscribed by Edward Turbervile John Macnamarra c. wherein they set out how they had been tempted to unsay what they had said against the Papists And declared he charging Turbervile as if he was to be a Witness at the Old Baily against Colledge Mr. Turbervile said He would break any ones head that should say so against him for he neither was a Witness nor could give any Evidence against him Of which telling him after he had been at Oxford he confessed he had been sworn against Colledge before the Grand Jury For said he the Protestant-Citizens have deserted us and God damn him he would not starve This Turbervile then flatly denied upon his Oath and the Doctor affirmed upon the Word of a Priest As for Mr. Smith the Doctor affirmed That upon some provoking words between him and Mr. Colledge at Richard's Coffee-House he heard him swear God Damn him he would have Colledge 's Blood For which Dr. Oates reproving him as unbecoming words for a Minister of the Gospel his reply was God damn the Gospel This Smith also denied As for Mr. Dugdale the Doctor said that he had declared to him upon the report of his being an Evidence against my Lord Shaftsbury and several Protestants that he knew nothing against any Protestant in England Afterwards the Doctor telling him he fear'd he had gone against his Conscience he was sure against what he had declared to him Said he It was all long of Col. Warcup for I could get no Mony else and said that the Colonel did promise he should have a place at the Custom-house This Dugdale deny'd So the Court took notice to the Jury of these three Mens Oaths against the Doctor 's bare Word Which Mr. Colledge complain'd of as not fair dealing And that if he could witness for himself he could discover more than this that Dugdale had said to him alone how that he was forced to keep Company with Warcup or he must starve and to stay for his Mony from the Attorney General because there was new Work to be done such as his Conscience would not serve him to do that there was more Roguery that they would never have done plotting and counter-plotting but that they would make a thousand Plots if they could to destroy the real One But this he could not prove because it was to him alone he said it The Prisoner call'd then Mr. Alexander Blake who said that Mr. Smith told him one Morning That one Haynes was under Examination and had discovered very material things against some great Persons which some time after he told was a Sham-Plot a Meal-tub Plot. Then Mr. Samuel Smith was call'd who own'd his acquaintance with Smith and that he had heard him say he believed a Popish Plot but not any Protestant Plot and that though he denied not but that he had sworn against Mr. Colledge he did not believe what Colledge had said for he did not believe it himself Then Mr. Thomas Gardner being call'd testified the same Smith repeating it in his Company with Mr. Samuel Smith at the Rummer in Queen's-street And withal that two or three of the Jury-men that acquitted Mr. Colledge were Rascals and Villains And says he they talk as if I intended to sham the Popish Plot and make a Protestant Plot which said he I vow to God and I will justify it before God and all the World that I know of no Protestant Plot nor is there any Protestant concerned in a Plot to my knowledg but this Colledge and upon his Trial I believe he will be made appear to be more a Papist than a Protestant Then the Prisoner call'd for Dr. Oates again to give an Account to the Court what treasonable Words he heard spoke at Alderman Wilcox's Treat at the Crown-Tavern without Temple-Bar Who appearing again did affirm That the Discourse between the Coffee-House and the Tavern was between Mr. Colledge and him and not at all with Smith who either went before or followed them and that when he heard Smith swear at the Old-Baily that it was with him he did really in his Conscience look upon him as forsworn in that Particular That at the Tavern the Discourse was between him and one Mr. Savage who had been formerly a Romish Priest concerning the Existence of God and Immortality of the Soul That Colledge and Smith had no Discourse at all together in his hearing and that immediatly after Dinner Smith went his way Then Mr. Thomas Smith a Lawyer was call'd who said That he was at Dinner but heard no treasonable Words spoke most of the Discourse being between Dr. Oates and Mr. Savage and that if there had been any such words spoke he must needs have heard them the Room being small and for that Reason that they could not divide themselves into Cabals as Smith had deposed but that Colledge was asleep most of the time And as to Arms he knew that Mr. Colledge used to ride with Pistols having borrowed his Horse and had
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
you cannot be Private leave the Issue to God To the whole the Prisoner pleaded That the Witnesses had made long Speeches though very little of them relating to him though too much That he was sent for out of Ireland where his Habitation was being a Man of a competent Estate by the Lord Shaftsbury to go Governour to Carolina but it being some while before he came his Lordship gave his Commission to another That being in England the Lord Shaftsbury invited him to go with him into Holland which he did and upon his Lordship's Death he returned to London That he confess'd it was his folly to frequent this Company but it was plain that the Witnesses had sufficiently dipp'd themselves and therefore to save their own Lives they had combin'd to take away his That he did hear a deal of what they had now deposed but never had any hand in it either directly or indirectly and therefore supposed his Crime could be only Misprision of Treason The Jury then desiring he might be asked What he had to say to the Letter he replied That what he had promised he undertook upon his intimacy with Mr. Ferguson by whose means he believed he should have an Interest with the rest That he did according to his Promise give an Account of what he had heard but the King was not pleas'd with him because he did not descend to Particulars which he could not do he having never been at any of their Meetings or Debates nor knew any thing but what he had by a private Hand He then produced one Witness who testified his being ill of the Gout for about three Months but could not certainly tell the Time After this Mr. Sol. Gen. having summ'd up the Evidence the Ld. Ch. Justice gave his Charge to the Jury who after about half a quarter of an hours consideration returned and brought the Prisoner in Guilty The Trial of William Hone at the Old-Baily on Friday July 13. 1683. THen and there the Prisoner appearing having been arraign'd the day before for Conspiring the Death of the King and the Subversion of the Government and for providing himself with Arms to that purpose And after some frivolous Evasions pleaded Not Guilty though he confess'd himself then Guilty of the Conspiracy but not of providing Arms He desired now to retract his Plea and confessed the Indictment though still denying that he had provided Arms but owning that his Deposition before Sir William Turner was true and that he was asked by Mr. Richard Goodenough to go along with him but was not told whither though he understood it was to kill the King and the D. of York But this not being taken for a full Confession Serjeant Jefferies desired he might be tried So the Jury were sworn without any Challenges viz. Nicholas Charlton Christopher Pitts Robert Beddingfield John Pelling William Winbury Thomas Seaton William Rutland Thomas Short Theophilus Man John Jenew John Short Thomas Nicholas To whom the Indictment being read Mr. Jones and Mr. Attorny General opened the same And then Mr. Keeling deposed That he saw the Prisoner at the Dolphin-Tavern where the Arms were agreed upon and the King 's coming from New-Market discoursed on and about the Swans-Quills Goose-Quills Crows-Quills Sand and Ink c. After which he took acquaintance with him and after some time told him he was one of them that was to go down to Rye to Assassinate the King And since at a Coffee-House in Swithen's Alley he told him It would never be well till the Black-Bird and the Gold-Finch were knocked on the Head meaning the King and the Duke of York Mr. West then deposed That he was at the Meeting before-mentioned but that he was sure the Prisoner did not come in till the Discourse was over That he told him then that Mr. Goodenough had spoke to him about a little Job for the Duke That he had seen him often in the Company of Manning who was designed to be another of the Assassinates That being once at his Chamber the Prisoner said to him Master shall we do nothing Adding that if the Duke of Monmouth would be true and appear he could bring fifty or sixty honest Men of t'other side the Water to do the Business either a brisk Push or the two Brothers the Captain and Lieutenant which were the terms they used since the Van-Herring was printed That he thought him a pretty honest Fellow before this Time and that he thought him deluded by Goodenough in the thing Whereupon the Ld. Ch. Justice asked West if be came to justify these things West reply'd That he had been basely deluded and he was sorry for the poor Fellow Which caus'd the Ld. Ch. Justice to tell him that it was unusual for Men in his Condition to use such Expressions in such a Case And being afterwards told by Mr. Serj. Jefferies that he found him not worthy of the Mercy the King had shewn him Then Mr. West reply'd That it was a Word put from him unawares Then Sir Nicholas Butler deposed That he had long known the Prisoner and that he was always ready for plotting such Purposes as were now laid to his Charge For that when Sir Francis Chaplain was Lord-Mayor and the King stood at Mr. Waldo's the Prisoner came to his House and told him that now they had a fair Opportunity to take off the King and the Duke at once To which purpose there were to be half a dozen with Cross-Bows at a Window in Bow-Steeple just opposite to the Balcony That thereupon he acquainted the King and the Duke of York herewith and one Horsel was appointed to search and watch the Steeple but none came and that the Prisoner upon his Examination hereof before the King had confessed all this Capt. Richardson deposed That he was by while Sir Nicholas examin'd the Prisoner as to the Crime he now stood charged with and that he said that Mr. Goodenough came and told him he wanted Labourers and that it was to kill the King and the Duke of York and confess'd that he agreed to be one that would undertake it and that Goodenough promis'd him 20 l. to bu him an Horse and Arms. That at another Meeting he said he was for killing the King and saving the Duke but Goodenough was for both That he told them the Business of Rye which place he knew not but said it was the place where the King was to be murdered To all this the Prisoner said little or nothing only that he did not know the place where nor when it was proposed about the Rye and that he was drawn into it by Goodenough That as to the Cross-Bows he was only told it but never design'd it And being ask'd what Religion he professed he answered That he heard sometimes Baptists sometimes Independents and sometimes Presbyterians After a short Charge the Jury brought him in Guilty without stirring from the Bar. The Trial of William Russel Esq at the Old-Baily on Friday
in January till he went away about the 10th of June that he saw him particularly the day Mr. Hilsley went away and that whereon Mr. Bournaby came that he could not be absent without missing because he sat at a Table by himself Mr. Haggerston then deposed That he had the honour to be of the same Class which was the Rhetorick Form with the Salamanca Doctor as he called Oates at St. Omers and knew him to be there all February March April May and till the latter end of June 1678. except one Night he was at Watton owning himself likewise a Papist and that he remained seven Years at St. Omers and that he was Sir Thomas Haggerston's Son a Northumberland Man and went by the Name of Henry Howard at St. Omers That particularly in May he heard Dr. Oates preach and that in his Sermon he said That the late King Charles II halted between two Opinions and a Stream of Popery went between his Legs After him Mr. Robert Beeston a St. Omers Student also deposed That he knew Mr. Oates to be at St. Omers the latter end of April May That in April Mr. Oates read in his room only with this Condition that if ever Oates was absent he was to read again But he never being called to read more he was sure that the Prisoner could not be absent That Apr. 21 he saw him at Nine-pins and the next day at their Action Then Mr. Clement Smith another Student of the same Colledg and of the same Class with Dr. Oates whom the Doctor challenged for a Jesuit swore the Prisoner's being at St. Omers from Christmass 1677 to Midsummer 1678 New Stile And that he remembred particularly as to April and May because the 22 st of April he himself fell sick in the Colledg and went into the Infirmary till May 7. In which time the Prisoner oft visited him and told him of Mr. Hilsley's and Mr. Pool's going away and two or three other Particulars which happened in the Colledg at that time That the Prisoner also was in the Infirmary for two or three days in this time and that he spoke this piece of false Latin to his Physician Si placet Dominatio vestra That he heard of the Consult and knew of Mr. Marsh and Mr. Williams two Fathers going over then to it Then Mr. Edward Price another of the same swore to Oates's coming to St. Omers at Christmass and of his going away at Midsummer and remembers particularly his being there when the two Jesuits Marsh and VVilliams were coming over to the Consult And that had he been absent he must needs have been miss'd he was so noted for his Absurdities and frequent Quarrellings with the Students Mr. James Doddington another of the same who went by the Name of Hollis and was a Witness at the Trial of the five Jesuits swore likewise to the same purpose of Oates's being resident from Christmass to Midsummer at St. Omers except one Night at Watton Mr. William Gerrard another also of the same who went by the Name of Clovell swore the same Story of Oates's residency at that time at St. Omers and that he heard of the Consult but that Oates was not capable of being at it because none but Jesuits of 18 Years standing could be present That on May 16 Oates and he were confirm'd together The Lord Gerrard of Bromeley being another of the same going by the Name of Clovell deposed the same Evidence remembring the Prisoner's reading in the Sodality particularly by his Tone Mr. Samuel Morgan now a Benefic'd Minister of the Church of England being reconciled five Years since deposed the same concerning Oates's coming to and going from St. Omers himself being then a Student there and that reading Ireland's Trial the impudence of Oates was much wondred at in the Colledg for swearing that he was at the Consult on April 24 when all the Colledg knew to the contrary and himself did remember that on that very day he was playing at Ball and struck it over into a Court and borrowed Mr. Oates's Key to fetch it Then Mr. Arundel a St. Omer's Student who went there by the Name of Spencer deposed to the same purpose saying That he saw Oates confirm'd on May 16. Mr. Christopher Turbervile another of the same his false Name Farmer deposed to the same purpose and that he particularly saw the Prisoner on April 25 26 1678. he then removing into Mr. Pool's Chamber and saw Oates in the Chamber and at the Chamber-door Mr. Anthony Turbervile another Student his false Name Farmer also deposed to the time of the Prisoner's being at St. Omers from Christmass 1677 to Midsummer 1678 and that he was notorious for his Scurrility and Abusiveness and that he and Mr. Thormon did breakfast with him that Morning he left the Colledg Mr. Clavering another of them deposed to the same purpose giving this Instance that the Prisoner was at St. Omers at that time the Consult was for that he inquired of him what it was they met for and for that a Man came to beg Mony of the Students which himself collected for him and Oates refused to give him any thing And that he knew this to be at that time of the Consult because enquiry being made how the Man came to get so little Mony at Watton it was said it was because the Fathers were gone to the Congregation in England Mr. John Copley another of the same deposed only to the general Testimony of the Prisoner's Residence at St. Omers Mr. Cook a Taylor belonging to the Colledg deposed the like only instancing the 20th of April that he saw him in a Procession from the Sodality to the Church walking at the latter end among the Rhetoricians John Wright Esq another Student deposed only that Oates came to St. Omers the Winter and went away the Summer before the Notice of the Plot was Then Dr. Oates was permitted to make his Defence which he did by excepting something against the Form of the Indictment producing the Records of the Conviction of Ireland and the 5 Jesuits urging them as Proof of the Fact to which he then swore Reciting out of those Trials the Approbations that were then given to his Testimony by the Ld. Ch. Justice Scroggs and the present Ld. Ch. Justice the Recorder attested by Mr. Robert Blayney's Notes who was also sworn Urging also the Credit his Testimony once had with both the Houses of Parliament and to prove it he called several Persons of Quality and Noblemen but those who appeared were Seri Maynard Earl of Devonshire Earl of Clare Mr. Williams late Speaker of the House of Commons Earl of Huntington Ld. Ch. Baron Ld. Bishop of London Sir George Treby some having forgot what had then past in the Houses others expressing but a very indifferent Opinion they had of the Prisoner and his Evidence which made him to say That he found either the distance of time had wrought upon their Memories or the difference
the Prisoners Mrs. Gaunt to be burnt and the other 3 to be drawn hang'd and quarter'd which was accordingly executed upon them and Mr. Cornish was hang'd in Cheapside over against Kings-street on Friday October 23 1685. and his Quarters afterwards put up in several Places and his Head upon the Guild-Hall where it stood till the tidings of the Dutch Invasion summon'd it with the other Quarters into the Grave after they had been expos'd in that infamous manner the space of 3 Years The Trial of Henry Baron Delamere in Westminster-Hall before George Lord Jefferies constituted Lord High-Steward on this Occasion on Thursday Jan. 14 1685. THen and there the Court being met the Lord High-Steward's Commission was first read and the Staff being carried between Garter King at Arms and the Gent. Vsher of the Black Rod was with 3 Reverences delivered upon the knee to his Grace and by him redelivered to the Gent. Vsher of the Black Rod to hold during the Service Then Proclamation was made by a Serjeant at Arms for all Persons present except Peers Privy Councellors and the reverend Judges now assistant to be uncovered and for all to whom any Writ had been directed for the certifying of any Indictment before his Grace to bring in the same forthwith After which Sir Edward Lutwich deliver'd in his Writ and Return which were read And then the Lieutenant of the Tower was call'd to bring his Prisoner to the Bar which having done Sir Roger Harsnet Serj. at Arms was called to return the Names of the Peers which he had summoned who were then called over by the Clerk of the Crown and those that appeared were these following who standing up uncovered answered to their Names each making a Reverence to the Lord High Steward Lawrence Earl of Rochester Lord High-Treasurer of England Robert E. of Sunderland Lord President of His Majesties Privy-Council Henry Duke of Norfolk Earl-Marshal of England Charles D. of Somerset Henry D. of Grafton Henry D. of Beaufort Lord President of VVales John Earl of Mulgrave Lord Chamberlain of His Majesties Houshold Aubrey E. of Oxford Charles E. of Shrewsbury Theophilus E. of Huntingdon Thomas E. of Pembroke John E. of Bridgwater Henry E. of Peterborow Robert E. of Scarsdale VVilliam E. of Craven Louis E. of Feversham George E. of Berkley Daniel E. of Nottingham Thomas E. of Plimouth Thomas Viscount Falconberg Francis Viscount Newport Treasurer of His Majesties Houshold Robert Lord Ferrers Vere Essex Lord Cromwell VVilliam Lord Maynard Comptroler of His Majesties Houshold George Lord Dartmouth Master-General of His Majesties Ordinance Sidney Lord Godolphin John Lord Churchill The Lord High Steward then having acquainted the Prisoner with the occasion of this meeting order'd the Bill of Indictment to be read which was done twice at the Prisoner's desire And then the Prisoner deliver'd in his Plea to the Jurisdiction of this Court that he ought to be tried by the whole Body of the House of Peers in Parliament the Parliament still continuing being under a Prorogation and not dissolved and because there was some agitation of the matter concerning this Prosecution upon his Petition in the House of Lords c. To which the Attorny General answer'd that the Plea was not good there never having been so much as any Indictment returned there nor found during the Session of Parliament besides that the Plea was in Paper and English The Prisoner then desired Counsel to put it into Form But it being a Plea against the Jurisdiction no time could be allowed and the Prisoner having no Counsel ready to plead his plea was over-ruled and he pleaded Not Guilty After which the Lord High Steward gave the Charge to the Peers and Sir Thomas Jenner Recorder of London opened the Indictment and Mr. Attorny General the Evidence And then the Lord Howard was first sworn Who gave the same account about the Earl of Shaftsbury's design'd Insurrection as before he had done at the other Trials where he was a Witness to which therefore the Reader is referred The Lord Grey deposed that Cheshire was one of the Places pitch'd upon for the Rising and for that end the Duke of Monmouth went his Progress into those Parts to make his Interest there and that the Prisoner was one he was directed to advise with That after the late King's Death the Duke of Monmouth was at Amsterdam with the Lord Argyle where there was an Account given of the Design that was in Hand of an Insurrection in Scotland and at that time came over to Holland Mr. Crag from Major Wildman to promote and recommend a Reconciliation between the Duke of Monmouth and the Lord Argyle who till that time had acted in separate interests giving some account that Means and Money were prepared This encouraged the Duke of Monmouth to send Capt. Matthews into England to Major Wildman to desire him to acquaint several Persons among whom the Prisoner was one that he was designed to join the Lord Argyle When Crag return'd to the Duke he gave an account that Major Wildman had convers'd with these Persons and that their Opinion was that the Duke should go for Scotland whereby they might know the strength of the Enemy here by their sending to suppress the Rebellion there and also that Major Wildman desired the Duke to bring over with him a Broad Seal to seal Commissions with and to take upon him the Title of King That soon after Crag's return Jones came with a Message to the Duke from England and was sent back shortly after by the Duke with a Letter of Instructions And the Duke intended first to have landed in Cheshire he very much depending upon that County but afterwards considering that the Persons there being of great Quality and Interest in their Country and able to manage it without his Assistance he chose rather to land in the West the Friends he relyed on there not being of that Quality Mr. Nathaniel Wade deposed that at Amsterdam soon after the Death of the late King the Duke of Monmouth and the Lord Argyle had a Consultation together and agreed that at the same time the Lord Argyle made an Insurrection in Scotland the Duke should invade England For which end the Duke sent Capt. Matthews into England to acquaint his Friends among whom he heard the Lord Delamere named to be ready for his Assistance Crag was sent over for Money but could get none and therefore the Duke sent him over again to pawn his Jewels and get what Money he could wherewith he fitted out 3 Ships laden with Ammunition and having before ordered his Friends to repair to their own Countries to be ready he set Sail and landed at Lyme and ordered his March so as that he might most conveniently meet with his Cheshire Friends In pursuance whereof they came to Keinsham Bridge where a Party of the Kings Horse set upon them of whom they took some Prisoners and thereupon thought it advisable not to let the Kings
Army joyn together but to go back and engage those that were already come together which was the reason they did not go over the Bridge Mr. Richard Goodenough deposed that he was beyond Sea with the Duke of Monmouth and that Jones was sent among other Persons to the Lord Delamere to give him notice to be ready and take care he was not seized in Town and that he heard the Duke say that he hoped my Lord Delamere would not break his Promise with him Jones deposed that he went into Holland the latter end of April last and by him Mr. Disney sent a Message to the Duke of Monmouth to desire him to keep to the last Conclusion which he would find in a Letter sent to him by the Crop-hair'd Merchant which Message was that his Friends in England would not by any means have him come for England but that he should continue where he was or if he thought good to go for Scotland they approved of it This Message he deliver'd to the Duke at Amsterdam which put him into a great Passion saying this was Wildman's work who was a Villain and that it was too late to send a Message now for he was resolved for England and Wildman should hang with him or fight for it with him and that he should not think to tye up his Hands by tying up his own Purse Sending another Message by him when he returned for England which was May 22d to Capt. Matthews or major Wildman to desire them to acquaint the Earl of Macclesfield the Lord Brandon and Lord Delamere with his Design of coming for England and that they should repair to their Posts to be ready for him delivering to him a Writing sealed up which he was not to open till he came to Sea which when he opened he found it contained a Signification of the Place wherein was to land and where he was to rendezvous which was Taunton and who were the Persons that were to have notice of it among whose Names was the Lord Delamere's That when he came to London which was May 27th he could meet with neither Capt. Matthews nor Major Wildman who were out of Town and therefore he acquainted Mr. Disney with his errand who promised to take care that it should be delivered Story who was Commissary General under the Duke of Monmouth deposed that on May 28th one Brand told him that the day before Jones was returned out of Holland with a Message to Capt. Matthews but he being absent Disney received it and discoursed that Evening with the Lord Delamere and that my Lord went out of Town that Night with 2 Friends that convey'd him by a By-way through Enfield Chase towards Hatfield That this Brand was kill'd at Keinsham Bridg. That at Shepton Mallot he heard the Duke of Monmouth say that his great Dependance was upon the Lord Delamere and his Friends in Cheshire but he fear'd they had failed him or betray'd him and that he could have been otherwise supply'd but that he had a Dependance upon them Vaux deposed That on May 26th the Lord Delamere sent for him to the Rummer in Queens-street and that the next Night he rid out of Town with him about 9 or 10 a clock at Night and got to Hoddesden about 12 and the next day he brought him to Hitchen and so came back again That my Lord went by the name of Brown and said he was going to see his Son that was sick in the Country Mr. Edlin deposed that on May 27th Mr. Vaux asked him if he would ride with him as far as Hitchen which he promised to do and they set out about 9 that Night and went to Hoddesden one Mr. Brown being in their Company whom he had never seen before but now knew to be my Lord Delamere who told them he was going to see a Sick Child Mr. Panceford depos'd that he was at Mr. Disney's on June 14th last where the Duke of Monmouth's Declarations were a Printing for printing whereof Disney had been Executed and one Joshua Lock was there waiting for some which he said he was to send into Cheshire to one Mr. Brown which he understood to be the Lord Delamere having heard Mr. Disney call him by that Name and Mr. Edlin having told him how he went by that Name when he rid with him to Hitchen But also he had heard that Mr. Vermuyden went also by that name of Brown Mr. Babington deposed that in their Consultations there were Discourses of my Lord Delamere under the name of Brown and once at a Tavern about the latter end of May last when my Lord Delamere was named by one in the Company he was presently catch'd up for it and replied to You mean Mr. Brown That being also at Disney's while the Declarations were a Printing he heard one say a great many of them were to be sent into Cheshire to my Lord Delamere under the name of Brown Mr. Hope Master of the Three-Tuns in Coventry deposed that the Lord Delamere came Post to his House he believed 5 times from the Sunday Sev'night before the Coronation to June 21 following Then Thomas Saxon deposed that on June the 3d or 4th he was sent for by a Man that had but one Hand to my Lord Delamere's House Mere in Cheshire where he came when it began to be dark and was conveyed by the Man that fetch'd him into a lower Room where were my Lord Delamere Sir Robert Cotton and Mr. Crew Offley and they told him that he had been recommended to them by the Lord Brandon who had said he was an honest useful Man and they hoped he would prove so For they had sent to the D. of Monmouth who was in Holland and received an Answer by one Jones which as soon as they had my Lord Delamere came away Post into the Country under another Name and by being conveyed through Moorfields came down to raise 10000 Men for the Duke in Cheshire by June 1. But now they had considered of it and found they could not raise them till Midsummer for that they must have time to raise 40000 l. in that Country to maintain the Men. That they asked him if he would undertake to carry a Message to the Duke that he said he would Whereupon the Lord Delamere gave him 11 Guinies and 5 pound in silver for his Journy After which he hired him an Horse and did deliver the Message That he never had any Concern before with the Ld. Delamere but that the Lord Brandon told him that they must make use of such as he to inform the Country of the time of Rising his acquaintance abounding that way being a publick Trades-man in Middlewich Here the Evidence for the King ceasing the Prisoner was called upon to make his Defence But it beginning to be late the Prisoner begg'd the Court might be Adjourned till the morrow But the Lord H. Steward doubted it could not be done by Law this not being a Trial in full Parliament
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