be put apart and examined one by one which was granted And then William Blathwayt Esq appeared and delivered in a Paper deposing that it was put into his Custody by Mr. Gwyn Clerk of the Council who seiz'd it among others in my Lord Shaftsbury's House and brought them to the Council-Office put them into one of the Rooms look'd the Door and deliver'd the Key to him And being ordered by the Committee of Examinations he fetch'd up the Trunks and Papers into the Council-Chamber and this Paper he took out of a Velvet Bag which was in the great Trunk that was sealed and then opened on July 6. in the presence of Mr. Samuel Wilson and Mr. Starkey who were both appointed by the Lord of Shaftsbury Then Mr. Gwyn being called deposed That on July 2. by a Warrant from the Secretary he searched the Lord Shaftsbury's House for Papers where was a great Hair-Trunk in which were several sorts of them and a Velvet Bag into which he put some loose Papers and sealed up the Trunk and being sent another way he deliver'd it to Mr. Blathwayt That all the Papers that were in the Velvet Bag he had in my Lord's Closet and that nothing was in that Bag but what he had there when he delivered it to Mr. Blathwayt Then Mr. Secretary Jenkins deposed That that was the Paper that Mr. Blathwayt delivered into his Hands in the Council-Chamber with nine more which he had kept under Lock and Key ever since till Monday last when he took them out and being numbred sent them sealed to Mr. Graham who brought them back to him again without any alteration whatsoever The Paper then was read which was to this effect That We the Knights c. finding to the grief of our Hearts the Papists Contrivances against the Protestant Religion the Life of the King and Laws and Liberties of the Nation to set up Arbitrary Power and Slavery And it being notorious that they have received Encouragement and Protection from James D. of York and from their Expectations of his succeeding to the Crown c. And that by his Influences Mercenary Forces have been levied Parliaments unreasonably Prorogued and Dissolved and the Army and Ammunition put into the hands of his Party and the Reputation and Treasure of the Kingdom hereby wasted That therefore they endeavoured to Exclude him from the Succession to the Crown and that failing they have now thought fit to propose to all true Protestants an Union amongst themselves by solemn and sacred Promise of mutual Defence and Assistance in the Preservation of the Protestant Religion the King's Person and State and our Laws Liberties and Properties in a Declaration in the Form ensuing Which was to this effect First The Person swears to maintain the Protestant Religion against Popery Secondly The King's Person and State as also the Power and Priviledges of Parliaments Rights and Liberties of Subjects c. Thirdly That J. D. of Y. having profess'd himself a Papist and given Life to the Plot that therefore he would oppose his or any other Papist's coming to the Crown by all lawful Means and by force of Arms if need so require c. To this end they mutually obliged one another to pursue unto destruction all that oppose the Ends of this Association and to defend all that enter into it And do engage that they will obey such Orders as they shall from time to time receive from this present Parliament whilst it shall be sitting or the major part of the Members of both Houses subscribing this Association when it shall be Prorogued or Dissolved and obey such Officers as shall by them be set over them in their several Counties c. until the next meeting of Parliament c. And that they would stick to this Association during Life c. In witness whereof c. Never a Hand was to this Paper Which being read and briefly descanted upon by the Counsel for the King John Booth was then called forth who deposed That about the middle of January last be was introduced into the Lord Shaftsbury's Acquaintance by Captain Henry Wilkinson a Yorkshire Gentleman an old Royalist and an old Acquaintance of his about some Concern relating to Carolina After which he went frequently to my Lord's House and between Christmas and March four or five times Where he hath heard him sharply inveigh against the Times and thought himself undervalued and feared that Popery would be introduced And that the Oxford Parliament that was then shortly to meet would give the King no Mony unless he would satisfy them in what they would insist upon which he said would be the Bill of the Exclusion and the abolishing the Statute of the 35th of Eliz. and passing a New Bill to free the Dissenters from the Penalties of the Laws which if refused would make a Breach between the King and Parliament whose meeting at Oxford was designed only to over-awe them And therefore that himself and divers Noble Lords and Members of the Commons had considered their own Safety and that he had establish'd a matter of fifty Men Persons of Quality that he believed would have Men along with them and he intrusted Capt. Wilkinson with the Command of these Men who were to come to Oxford at such a time and if there were any Breach or Disturbance they were to be ready to assist him and those other Persons in his Confederacy to purge the Guards of all Papists and Tories and purge from the King those evil Counsellors which were about him naming the Earl of Worcester the Lord Clarendon the Lord Hallifax Lord Feversham and Mr. Hide now Lord Viscount Hide whom he look'd upon as dangerous Persons and then to bring the King away to London where those things should be established which they designed for the Preservation of the Protestant Religion and keeping out of Arbitrary Power and Government Upon which Capt. Wilkinson desired him to be one under his Command and to provide Horse and Arms to which he consented and did so expecting to be sent for after the Parliament was sat they insisting upon the things the Lord Shaftsbury had predicted but the unexpected News of their Dissolution prevented it Then being ask'd when he first discovered this he answered about six Weeks ago and related the occasion and manner of his doing so Next Mr. Edward Turbervile deposed That in February last he waiting upon the Lord Shaftsbury about his getting some Mony and requesting his Letter to the President of the Council to stand his Friend my Lord said There was little good to be had from the King as long as his Guards were about him were it not for whom they would quickly go down to White-Hall and obtain what terms they thought fit And that the Rabble were all of that Side especially the People about Wapping and Aldersgate-Street That the Rich Men of the City would Vote for Elections but they could not expect they should stand by them in case there
Reading should direct as also for giving the said Mr. Bedloe 50 Guinies in Hand and promising him greater Rewards for the Ends and Purposes aforesaid To which he pleaded Not Guilty in Thought Word or Deed. Then the Jurors sworn were Sir John Cutler Joshua Galliard Esq Edward Wilford Esq Thomas Henslow Esq Thomas Earsby Esq John Serle Esq Thomas Casse Esq Rainsf Waterhouse Esq Matthew Bateman Esq VValter Moyle Esq Richard Pagett Esq John Haynes Esq Mr. Reading at first challeng'd Sir John Cutler as being in Commission of Peace and labour'd very much to have made his Challenge good But the Court over-rul'd it in regard Sir John was not in the particular Commission then sitting and for that he could not challenge him peremptorily the Indictment not endangering his Life as it might have been laid but only for a Misdemeanour Thereupon the Court proceeded and the Indictment being read to the Jury Edward VVard Esq of Counsel for the King in this Cause opened it and Sir Creswel Levinz opened the Charge After which Mr. Reading to save time admitting those Publick Passages laid in the Preamble of his Indictment as that Coleman Ireland c. were Executed for Treason and that the Lords in the Tower were accused and impeached in Parliament for this Plot Mr. Bedloe was sworn and deposed That Sir Trevor VVilliams brought him first acquainted with the Prisoner who began with him as a friendly Adviser in publick always pressing him to discover what he knew of the Plot but in private advising him to be cautions and not to run at the whole Herd of Men intimating as if the Ld. Ch. Justice also seemed displeased at his forwardness saying that he would make the Parliament his Friends by proving the Plot the King his Friend in not charging all the Lords and the Lords his Friends by being kind to them That the Persons Mr. Reading most sollicited for were the Lords Petre Powis and Stafford and Sir Henry Tichborn Mr. Roper Mr. Caryl and Corker That he should have Mony and an Estate by the negotiation of the Prisoner at the Bar to shorten the Evidence and bring them off from the Charge of High-Treason That he and Mr. Reading had several Consultations about this matter none of which he did conceal but revealed them presently to the Prince the Earl of Essex Counsellor Smith Mr. Kirby and several others And that he did not give in his full Evidence against VVhitebread and Fenwick a Ireland's Tryal because he was then treating with Mr. Reading who had made him easie That the Prisoner in assurance of his Reward told him he had order to draw blank Deeds to be sign'd in ten days after the discharge of those for whom the Sollication was made That he and the Prisoner had a private Consultation in his Bed-chamber March 29. last when Mr. Speke and his own Man Henry VViggens were hid privately in the Room and over-heard the main of the Consultation and Overture of Mr. Reading At what time Mr. Bedloe was to pen his Testimony as the Prisoner should direct him for the mitigation of the Evidence That when that Paper was finished the Prisoner carried it to the Lords to consider of it And that after they had consider'd of it and mended it as they pleas'd Reading return'd with the Emendations written with his own hand and deliver'd them to Mr. Bedloe in the Painted-Chamber who held them so behind him that Mr. Speke as it was agreed took them unobserved out of his hand Which Paper being then Produced was read in open Court Then Mr. Speke was sworn who deposed That on Saturday morning March the 29th last he was hid behind the Hangings between the Bed's-head and the Wall in Mr. Bedloe's Chamber as was agreed on before and there he heard Mr. Reading's and Mr. Bedloes Negotiation together That Mr. Bedloe asked the Prisoner what the Lords said to the Business and what the Lord Stafford said to the Estate in Glocestershire To which the Prisoner answered That the Lord Stafford had faithfully promised him to settle that Estate upon Mr. Bedloe and that he had Orders from that Lord to draw up a blank Deed in order to the Settlement which the said Lord had engag'd to Sign and Seal within 10 days after he should be discharg'd by Mr. Bedloe's contracting of his Evidence And that the Lords Powis and Petre and Sir Henry Tichbourn had faithfully engag'd and promis'd to give Mr. Bedloe a very fair and noble Reward which should be suitable to the Service he should do them in bringing them off from the charge of High-Treason To which when Mr. Bedloe answer'd that he would not rely upon their Promises only but expected to have something under their Hands Mr. Reading reply'd That they did not think it convenient so to do as yet but that Mr. Bedloe might take his Word as he had done theirs and that he would engage his Life for the performance With much other Discourse all tending to the same effect That on the Monday morning he saw Mr. Reading deliver the Paper to Mr. Bedloe from whom he received it and he and Mr. Wharton read it immediately in the Lord Privy Seal's Room After him Henry Wiggen's Mr. Bedloe's Man deposed That he was concealed under the Rugg upon his Master's Bed at the same time and to the same intent as Mr. Speke was giving the same Evidence as to what had been discours'd of between the Prisoner and his Master in the Chamber which afterwards he and Mr. Speke writ down And that he saw Mr. Reading deliver the Paper to his Master in the Painted-Chamber and saw Mr. Speke take it who went with another Gentleman into the Lord Privy Seal's Room with it After this Mr. Reading began his Defence Protesting his own Innocency producing Mr. Bulstrode only to testify that the occasion of his going to the Lord Stafford was his sending for him which yet he did not without leave from the Committee of Secrets That then he was employ'd by the Lords only to get them their Habeas Corpus's And Sir Trevor Williams being called by him declared how he only recommended Mr. Bedloe to him for his Advise about having his Pardon as perfect as could be The Prisoner owning his being in Mr. Bedloe's Chamber at that time and taking his Evidence and carrying it afterwards to the Lords but that it was purely out of Conscience and to prevent Perjury and the Shedding of Innocent Blood and the Deed discoursed of was only for 200 l. to be paid him by the Lord Stafford within 10 days after he should be discharged pro Consilio impenso impendendo to be secured upon an Estate in Glocestershire the which Mony the Lord Stafford indeed told him when he had received he might dispose of it as he thought fit which Confession the Court declared amounted to the Confession of the whole Charge Then he endeavour'd the bespattering the Witnesses Relating how Mr. Bedloe had vilify'd Dr. Stilling-fleet
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
be Drawn Hang'd and Quartered and in the Courts and proceedings below they can take no notice of any Judgment for High-Treason but that Then Sir Creswell Levinz desired for the King being his Attorney-General to have that Judgment because if any other were given it would be prejudicial to his Majesty and be a Question in the inferior Courts as to his Attainder of High-Treason So it was ordered that the ordinary Judgment should be pronounc'd upon him Which their Lordships and the Commons being returned and the Court sate was accordingly by the Lord High Steward he premising a short pithy Speech wherein he acquainted him that what he had said in Arrest of Judgment had been found by the Lords to be of no moment at all speaking to the certainty of the Plot and of his share therein advising now to consider how God had left him and that he never leaves any but who leave him first To think what kind of Religion it is wherein he had been led to this And to consider that true Repentance was never too late moving him to give God the Glory by a free Confession c. After Sentence pronounc'd the Prisoner desired his Relations and Friends might come to him And the Lord H. Steward inform'd him that the Lords intended to become humble Suitors to his Majesty to remit all the Punishment but the taking off his Head The Prisoner weeping answered That their Justice did not make him cry but their Goodness Then the Lord High Steward broke his Staff and the Lords Adjourned into the Parliament-Chamber and the Commons returned to their House and the Prisoner with the Ax born before him with the Edg towards him it being carried contrarily during his Trial was sent back to the Tower On Wednesday December 29. 1680. About 10 in the Morning he was brought to the Scaffold on Tower-Hill And pulling off his Hat he pulled a Paper out of his Pocket and read it as his Speech which the very same day before two a Clock came out in Print as his Speech and he delivered divers Copies signed by himself to Mr. Sheriff Cornish and other Gentlemen about him He then desired he might have liberty to pray in his own Way which being granted he kneeled down by the Block and taking out of his Pocket another Paper he read a Latin Prayer which done he gave the Paper to Mr. Sheriff Bethel and then spoke to the People about the Scaffold to this effect God bless you all Gentlemen God preserve his Majesty He is as good a Prince as ever govern'd you Obey him as faithfully as I have done and God bless you all Gentlemen Then he strip's himself to his Wastcoat and after some few short private Discourses with his Friends he laid down his Neck on the Block and stretched himself The Executioner being demanded by the Sheriffs whether he had any Sign he answered No. Then the Prisoner raised up his Head and said He had no Sign to give but the Executioner might take his opportunity and laid his Neck on the Block again After which in a short time the Executioner did his Office by severing his Head from his Body and holding up the Head in his Hand carried it about the Scaffold shewing it to the People and saying Here is the Head of a Traitor The Body was put into a Coffin and conveyed to the Tower The Arraignment and Plea of Edward Fitz-Harris Esq c. at the King's-Bench Bar at Westminster in Easter-Term 1681. ON Wednesday April 27. 1681. the Grand Juries for the County of Middlesex were sworn and after the Charge delivered by Mr. Justice Jones His Majesty's Attorney General desired That some of that Grand Jury which served for the Hundreds of Edmondton and Gore might be present at the swearing of the Witnesses upon an Indictment for High-Treason to be preferred against Edward Fitz-Harris Prisoner in the Tower of London which was granted But the Grand Jury being under some Scruples against receiving of the Bill desired the Opinion of the Court therein which Mr. Justice Jones alone thought not fit to give but ordered them to attend next day when the Court was full Accordingly on Thursday April 28. the said Grand Jury came to the Bar and Mr. Michael Godfrey Brother to Sir Edmond-bury Godfrey who was their Foreman requested the Court that before they proceeded upon this Indictment that this same Fitz-Harris might be examin'd about his Brother's Death of which he was supposed to know much and presented a Petition which the Jury own'd which desired the Opinion of the Court Whether it was safe for them to meddle with the Indictment of Fitz-Harris because he was impeached by the Honourable House of Commons which Impeachment being not received it was voted by them in their House That he should not be tried by any other Inferior Gourt To which the Ld. Ch. Justice Pemberton reply'd that it was the Opinion of all the Judges who had assembled to debate this Matter for their satisfaction that they ought not to take notice of any of these things but to proceed upon this Indictment according to the Evidence After which the Jury went away and found the Bill On Friday April 29 Serjeant Stringer moved for an Habeas Corpus to bring up Fitz-Harris to be examined by the Court about the Death of Sir E. Godfrey The Court granted the Writ And said he should be Arraigned upon the Indictment against him and then they would examin him On Saturday April 30. Edward Fitz-Harris was brought with a strong Guard to the King's-Bench Court Where desiring to plead to the Jurisdiction of the Court he put in his Plea which was read the substance of it being what the Grand Jury's Petition had express'd about his being Impeached by the Commons which not being sign'b by any Counsel the Court refus'd and upon his Request assign'd him Sir Francis Winnington Mr. Williams Mr. Pollexfen and Mr. Wallop giving to Wednesday May 4. to prepare his Plea After which The Prisoner being carried away to be examined was then return'd to the Tower On Monday May 2. Sir Francis Winnington and the other three of Counsel for Mr. Fitz-Harris came to the Bar and moved the Court for an Explanation of the Rule concerning themselves and the Business they were assigned for Praying for longer time to draw up the Plea and for a Copy of the Indictment Both which were denied them And upon Mrs. Fitz-Harris's Motion Sir William Jones Sir Geo. Treby and Mr. Smith were added to her Husband's Counsel and leave given for a Sollicitor to carry Papers to and fro in the presence of the Lieutenant Mr. VVallop desired Counsel might be assigned in his place because of the shortness of the time allowed them but it could not be granted On Wednesday May 4. the Prisoner appearing put in his Plea the which Mr. Attorn Gen. Mr. Sol. Gen. Serj. Maynard Serj. Jefferies Sir Francis VVithins and Mr. Sanders being the King's Counsel used great
was his unhappiness he had no Witnesses to call The Ld. Ch. Justice therefore in a few words summing up the Evidence the Jury presently brought him in Guilty The Trial of Capt. William Blague at the Old-Baily on Friday July 13. 1683. THE Prisoner having been Arraigned the day before and pleaded Not Guilty to an Indictment for High-Treason for conspiring the Death of the King and subversion of the Government was then and there set again to the Bar and making no Challenges the former Jury was sworn viz. Robert Beddingfield John Pelling William Windbury Theophilus Man John Short sen Thomas Nicholas Richard Hoare Thomas Barnes Henry Robins Henry Kemp. Edward Raddish Edward Kemp. To whom the Indictment being read and briefly opened by Mr. North and Serjeant Jefferies Thomas Leigh deposed That the Prisoner in discourse with him and Goodneough about seizing the Tower told them that the only way was to do it with Mortar-Pieces that he would venture his own Ship and provide 200 Men and lay his own Ship on Southwark side and make up his 14 Guns he had already 24 and would undertake once in 20 times to dismount the five Pieces that fac'd towards Southwark-side That he ask'd Goodenough what Mony was provided who answering 40000 l. He answered the Seamen would swallow that up presently to which Goodenough replied there was more provided at any time Mate Lee swore That the Prisoner told him as they were in a Coach together that one of these days they should have a Ball to toss which afterwards he understood by Rouse and Leigh was the Ball that was to be toss'd on Black-Heath That about six Weeks ago Capt. Blague and he walking about the Tower and discoursing of seizing it his way was to scale it but the Captain said the best was to shoot Mortar-pieces on Southwark-side but about the Ship he could say nothing The Prisoner's Defence was That his Business with Rouse was to procure him Mony as being a Broker which brought him sometimes into Goodenough's Company but that he never discours'd about any Publick Affairs and as to the seizing the Tower it was only accidental Discourse And as for his 200 Men it was impossible his Vessel being but a Pink which had been in his Possession but three Weeks and what Arms he had he bought therewith and that he never heard any thing about either a Ball or Bank of Mony Calling his Witnesses Mr. VVright declared That he had waited on the Captain ever since he had been shipp'd and was in his Pay before he had the Ship in possession Robert Chappel Carpenter declar'd The Vessel was not able to do any Service three Weeks ago and that he had been shipp'd four Months and an half to go for New-York One Bellinger the Chirurgeon declared That he had belonged to the Ship seven Weeks and to the Captain before he had a Ship and for Guns belonging to the Ship there were fourteen Saker-Guns of which four were Wooden ones six above Deck and four in the Hold. The Lord Chief Justice then summ'd up the Evidence taking notice to the Jury that these Men belonged to the Captain a great while ago and that there was only one Evidence that did affect him Wherefore the Jury Withdrawing in a short time returned and brought him in Not Guilty THE next day being Saturday July 14. 1683. the Lord Russel Capt. VValcot Mr. Rouse and VVilliam Hone were brought to the Bar to receive Sentence Where the Lord Russel desired to hear his Indictment read in English which was granted and thereupon demanded an Arrest of Judgment because there had been no Evidence of his conspiring the Death of the King as it was in the Indictment but only of levying War But the Verdict being past the Court told him they must go by what the Jury had found and not the Evidence and therefore Sentence was pass'd upon him to be Drawn Hang'd and Quarter'd Capt. VValcot had nothing to say but desired that his Son and some Friends might come and see him Hone had no more to say but begg'd the same favour Rouse insisted on some Disadvantages he had when he came on his Trial and some difference between the Indictment and their Oaths but Verdict being past Judgment was given against them three as against the Lord Russel And upon Friday July 20. following VValcot being drawn to Tyburn in one Hurdle and Rouse and Hone in another and there put into a Cart attended by Dr. Cartwright the Dean of Rippon and the Ordinary of Newgate who urged them much to discover all they knew of the Plot after they had spoke to the People were executed accordingly The next day being Saturday July 21. the Lord Russel having taken leave of his Lady the Lord Cavendish and several others of his Friends at Newgate took Coach with Dr. Tillotson and Dr. Burnet who accompanied him to the Scaffold built in Lincolns-Inn-Fields where he deliver'd his Speech to the Sheriff and after some Preparation he ordered the Executioner after he had lain down a small moment to do his Office without a Sign and so his Head at three blows was severed from his Body and ordered by the Sheriff to be delivered to his Lordship's Friends and Servants as being given them by his Majesty's Favour and Bounty The Trial of Algernon Sidney Esq before the Lord Chief Justice Jeffreys at the King's-Bench Bar at Westminster on the 7th 21st and 27th of November 1683. UPON Wednesday Nov. the 7th 1683. Algernon Sidney Esq was arraigned at the Kings-Bench Bar upon an Indictment of High Treason for conspiring the Death of the King and intending to raise a Rebellion in this Kingdom Which Indictment he excepted against as erroneous several Crimes being put together therein distinct in nature one from another and distinguished by Law offering to the Court a Parchment wherein were his Exceptions to the Bill but it was refused and he sorced to plead which he did at length Not Guilty And then he desired a Copy of the Indictment which was denyed him but upon his Request it was read to him again in Latin and his Trial appointed to be on Wednesday Novemb. the 21st 1683. Then and there the Prisoner again appearing he desired Pen Ink and Paper and that Mr. VVinn and Mr. Gibs might write for him which were granted him and then he shewed the reason he had before to desire a Copy of his Indictment which the Lord Stafford and the other Lords in the Tower had urging it for Law upon the Statute of 46 Edw. 3. But the Court over-ruled it Then the Clerk of the Crown called the Jury and after several Challenges the Jurors were John Anger Richard VVhite VVilliam Linn Lawrence VVood Adam Andrews Emery Arguise Josias Clerke George Glisby Nicholas-Baxter VVilliam Reeves VVilliam Grove John Burt. To whom the Indictment being read Mr. Dolben opened the same and the Attorney General opened the Evidence and then Mr. VVest was called against whom the Prisoner excepted
Then Mr. Spekes Servant was sworn who related the surprize of his sudden Journey but that Mr. Braddon having got another to go with him he came back to his Master again Then the Ld. Ch. Justice asked the Defandants what they had more to say Mr. Braddon refused to say any thing Mr. Speke urged his Innocency of conspiring with Mr. Braddon that his being concerned was but accidental and a surprize to him and that what he did was neither designedly nor with any ill Design Then Mr. Braddon desired the Jury to take notice that there had been nothing proved of evil Practices used by him to perswade these Witnesses to testify a Falshood and desired them to take no ether notice of any thing that had been or should be spoken but what had been proved Then the Ld. Ch. Justice summ'd up the Evidence representing the Crime very odiously as carrying all the Venom and Baseness the greatest Inveteracy against the Government that ever any Case did that he ever met with Insinuating That because the King and the Duke were walking in the Tower that day and near that time when this unfortunate thing happened now it must be whispered as tho the King and the Duke had designed this Murder And that there was Digitus Dei in this Accident and it was enough to satisfy all the World of the Conspiracy c. After he had finish'd his long Speech full of such-like Expressions the Court arose and the Jury afterwards gave in a private Verdict which the next Morning was repeated in Court and recorded And by that Verdict they found Mr. Braddon Guilty of the whole Matter charged upon him in the Information and Mr. Speke Guilty of all but the Conspiracy to procure false Witnesses and of that they found him Not Guilty And on Monday April 21. 1684. the Defendants being brought to the Bar their Counsel moved in Arrest of Judgment but Judgment being recorded it was too late and not admitted though it was before by consent agreed for the Defendants this day to move Then after Mr. Justice Withens and the Ld. Ch. Justice had severely upbraided Mr. Braddon's Impudence because he shewed no sorrow but still protested his Innocency and having consulted about the Sentence Mr. Justice Withens pronounced it first aggravating Mr. Braddon's Crime as if he had endeavoured to make the King concern'd in the Murder and would insinuate a Sham-Plot to take away Innocent Protestant Lives telling the Court for this Offence set upon Mr. Braddon the Fine of 2000 l. and order that he find Sureties for his good Behaviour during Life and that he be committed till this be performed And for Mr. Speke whom they had considered not so Guilty they thought fit to set upon him the Fine of 1000 l. and that he find Sureties for his good Behaviour during his Life and be committed till he perform it After which they were carried away to the King's-Bench The Trial of Sir Samuel Bernardiston Bar. before the Lord Chief Justice Jefferies at Guild-Hall London on Thursday Feb. 14. 1683. THen and there the Defendant appeared for his Trial upon an Information preferred against him in Hillary Term last for a High Misdemeanour in Scandalizing and Vilifying the Evidence in the late Plot in several Letters c. To which he had pleaded Not Guilty And the Jury now sworn were Thomas Vernon Percival Gilburn Edward Bovery William Withers James Wood. Robert Masters Samuel Newton George Torriano Kenelm Smith Thomas Goddard Thomas Amy. Richard Blackburn To whom the Information being read Mr. Poultney Mr. Recorder and Mr. Herbert being of Counsel for the King in this Cause opened the same And then to prove him the Author Mr. Blathwayt was sworn who deposed That Sir Samuel Bernardiston upon Decemb. 10. last did before the King and Council own three of the Letters there in Court to be of his own hand-writing Nor did he deny but that he had publish'd and sent them Mr. Atterbury deposed That he also heard him then own three of the Letters to be written by him and that they were superscribed by one of his Servants and so ordered to be sent to the Post-house And that while he was in his house he heard him say he wondered how they were taken since they were sent to Sir Philip Skippon Then Nehemiah Osland deposed that he superscibed two of them Letters by Sir Samuel's Order as his Servant and that he wrote one of the four out of a Copy given him by his Master and writ by him to go into the Countrey and then as was usual left them in a Window to be carried to the Post-house Then the four Letters were read the first was that transcribed by Osland directed to Sir Philip Skippon Kt. at Ipswich and dated Novemb. the 29 1683. Sir The Return of the D. of Monmouth to White-hall and his being received into extraordinary favour of his Majesty hath made a strange Alteration of Affairs at Court For those that before spake of him very indecently now court cringe and creep to him His Grace complained to the King of the scandalous Misrepresentation that was made of him in the Monday's Gazet upon which the Gazetteer was called to account for it who alledged for himself that a Person of great Quality sent him in Writing the Words therein recited commanding him to put them in the Gazet. Yesterday being the last day of the Term all the Prisoners that were in the Tower upon the late Sham-Protestant-Plot were discharged upon Bail Mr. Braddon who prosecuted the Murder of the E. of Essex the Information put in against him in the Kings-Bench By Mr. Attorney for a pretended Subornation c. was not prosecuted and his Bail was discharged And the passing Sentence upon the Author of Julian the Apostate and the Printer of the late Ld. Russel's Speech was passed over with Silence Great Applications are made to his Majesty for the pardoning Mr. Sidney in the Tower which is believed will be attained and that he will be banished The Ld. Howard appears despicable in the Eyes of all Men he is under a Guard at VVhite-hall and believed he will be sent to the Tower for that the D. of M. will accuse him concerning the Testimony he thath given c. The Papists and high Tories are quite down in the Mouth their Pride is abated themselves and their Plot confounded but their Malice is not asswaged 'T is generally said the E. of Essex was murdered the brave Ld. Russel is afresh lamented The Plot is lost here except you in the Country can find it out amongst the Addressors and Abhorrers This sudden turn is an Amazement to all Men and must produce some strange Events which a little time will shew The second Letter was then read directed as the other and dated Decemb. the 1st 1683. Dear Sir I am to answer yours of the 27th and 29th past and truly I cannot but with great-Sorrow lament the loss of our good Friend honest
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