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A53380 A display of tyranny, or, Remarks upon the illegal and arbitrary proceedings, in the courts of Westminster, and Guild-Hall London from the year, 1678, to the abdication of the late King James, in the year 1688, in which time, the rule was, quod principi placuit, lex esto : the first part. Oates, Titus, 1649-1705. 1689 (1689) Wing O35; ESTC R16065 100,209 272

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themselves with a very ill-favoured one and having suborned and bought in a Set of proper Witnesses They resolve first to enter them upon Stephen Colledge a Joyner before they run them at more Noble Game Hereupon he is clap'd into the Tower and an Indictment for High Treason is offered to this following City-Grand-Jury John Wilmore William Mackley Sampson Puller Thomas Cope Peter Mortimer John Wood Thomas Haynes Thomas Fox John Read Marke Stretton Edward Powel Paul Dorrel Francis Lascoe John Armiger Samuel Totton John Pettyt S. Maine Caleb Hocke and Robert Davies These Gentlemen well-seeing the Villany of the practice and weighing as undoubtedly they might and ought the Credibility of the Infamous Witnesses They reject the Bill hand it back to them who sent it with an Honourable Ignoramus The Being of their Plot depending upon their gaining the point against this Poor Mans Life They change the Scene to Oxford and at the Assizes there one Gregory the well-disposed Sheriff of that County picks out a Grand-Jury for the purpose and so an Indictment of Treason is there found against him Matters being thus prepared for the Murdering this honest Man the Proto-Martyr in the sham Presbyterian Plot and it being a thing of mighty moment these four Judges are speeded to Oxford armed with a special Commission to try or rather to dispatch him Lord Chief Justice North Mr Justice Jones Mr Justice Raymond Mr Justice Levins Colledge is hurried from his close Imprisonment in the Tower down to Oxford and was at his first entring the County exposed by Gregory the High Sheriff and mocked at the House of Mr Stoner a notorious Papist Upon the 17 th of August 1681. he is brought into the Court where the Council against him were The Attorney General The Solicitor General The late infamous Lord Chancellour Serjeant Holloway Mr North and Mr Jones He being charged with an Indictment for conspiring the Death of the King and to levy War and subvert the Government prayed a Copy of the Indictment and the Names of the Jury and that the Court would assign him Counsel these things were not only refused him but an un-heard of Injustice was put upon him for just before he was brought into the Court they took from him the Papers which he had prepared for his defence and most unjustly with-held them Then this Jury was sworne to pass upon him Henry Standard William Big Robert Bird John Shorter William Windlow Charles Hobbs Roger Brown Timothy Doily Ralph Wallis John Benson John Peircy and John Laurence Now Mr Attorney General falls to work about him addressing himself in this manner to the Jury Gentlemen The Prisoner stands indicted of High Treason and that of the deepest dye it is for an endeavour to destroy the King to subvert the Government and to raise a Rebellion He laid his design to seize the King at Oxford and he wanted not his Accomplices to do it The World never was nor ever will be obliged with a List of the Accomplices here talked of But they were not Protestants but Men that were Rebels in the late War In order to this he hath prepared Arms of a great value for a Joyner He prepared a good Horse extraordinary Pistols a Carbine a Coat of Mail an Head-piece and so being arm'd Cap a Pe with that design he came to Oxford We shall shew you that he made it his business to perswade others to undertake the design and joyn with him He gave out a Sign which was a blew Ribbon wrought with Letters in it No Popery no Slavery by this they were to know one another We shall give you an Account of his Principles and what encouragement he was to have for he boasted he should in a little time be a Colonel This was not a sudden unpremeditated thing for he had entertained the horridest malice against the King that ever Subject did He hath made it his common discourse I believe I could bring you forty and forty Witnesses to it to defame the King and murder him in his Reputation We shall give evidence that he carried on the same design with that Arch-Taytor Fitz. Harris who was a Papist and I believe if he were examined throughly he would be found of the same Stamp The King hath been traduced as a designer of Arbitrary Government and as an Introducer of Popery If any Man ever was guilty of high Treason sure he is and deserves the severest punishment Then Stephen Dugdale John Smyth Bryan Haynes Edward Turbervile were sworn Dugdale said That the Prisoner had oft rail'd against the King said he was a Papist and as deep in the Plot as any Papist of them all that nothing was to be expected from him but introducing of Popery and Arbitrary Government That he would arm himself and be here at Oxford having several stout Men particularly Captain Clinton Captain Brown and Don Lewis that would stand by him in case there should be a Rising That the Prisoner gave him forty Shillings worth of Blew-Ribbon with the Inscription No Popery No Slavery to give to his Friends That the Prisoner said at Oxford Let the King begin as soon as he will his Party is but an handful to our Party Smyth declared That the Prisoner told him that the King was as great a Papist as the Duke of York and every way as dangerous to the Protestant Interest and he doubted not but he would dye his Fathers death That Colledge carried him to his House and sheweth him his Pistols Blunderbuss great Sword Armour Back and Breast and his Head-piece and told him these would destroy Rowlye's pittiful Guards which were kept up against Law to set up Popery and Arbitrary Power That the Prisoner said he expected some sport at Oxford and would go thither and would be one who should seize the King if he should seize any of the Members That upon a Discourse of disarming the City the Prisoner said that if the Earl of Feversham or the King himself should come to do it he would be the Death of him rather than he should take away his Arms. Haynes Witnessed That the Prisoner told him that the King should be called to an Account for all his Actions for it was notorious That he resolved to Establish Popery and Arbitrary Power And that no King of his Race should ever Reign in England after him Turbervile said That the Prisoner told him at Oxford that there was no good to be expected from the King for he and all his Family were Papists That he wished the King would begin and said 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 we expect adding That he had got a Case of Pistols and a very good Sword and a Velvet-Cap This Mr Atturney represented to be Armour Cap a Pe. In the next place Sr George Jefferies brought against the Prisoner one
having in his forementioned Paper mentioned the Opinion of King James the first delivered in his Speech to the Parliament in the Year 1603. I shall here to gratifie the Reader 's Curiosity transcribe a Paragraph or two of that Learned King's Speech viz. I do acknowledge that the special and greatest point of difference that is betwixt a rightful King and an usurping Tyrant is in this That whereas the proud and ambitious Tyrant doth think his Kingdom and People are only ordained for the satisfaction of his Desires unreasonable Appetites The righteous and just King doth on the contrary acknowledge himself to be ordained for the procuring of the Wealth and Prosperity of his People and that his great and principal Worldly Felicity must consist in their Prosperity That I am a Servant it is most true That as I am Head and Governour of all the People in my Dominion who are my natural Subjects considering them in distinct Ranks So if we will take in the People as one Body Then as the Head is ordained for the Body and not the Body for the Head so must a righteous King know himself to be ordained for his People and not his People for him Wherefore I will never be ashamed to sonfess it my principal honour to be the great Servant of the Common-wealth To this I shall subjoyn a few Words to the same purpose out of that King's Speech to the Parliament in 1609 Every just King in a settled Kingdom is bound to observe that Paction made to his People by his Laws in framing his Government agreeable thereunto And therefore a King governing in a settled Kingdom ceases to be a King and degenerates into a Tyrant as soon as he leaves off to rule according to the Laws Notes upon the Tryal of Sr Samuel Barnardiston Baronet at Guild-Hall London Before Sr George Jefferies Lord Chief Justice of the King's Bench upon the 14 th day of February 1683. upon an Information to the effect following viz. THat there having been a Horrid Plot lately discovered the Defendant to scandalize the Evidence wrote a Letter to this effect viz. That the return of the Duke of Monmouth and his being received into Favour with the King had made a great alteration at Court and that those who before spoke indecently of him did now court and creep to him Yesterday being the last of the Term all the Prisoners in the Tower upon the late Sham Protestant Plot were Bailed The Information against Mr Bavddon who Prosecuted the Murder of the Earl of Essex for a Subornation 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 Lord Russel's Speech was passed over with silence Great Applications are made to the King for the pardoning Mr Sidney The Lord Howard appears despicable in the eyes of all men The Papists and high Tories are quite down in the Mouth Their Pride is abated and themselves and their Plot confounded but their Malice is not Asswaged It s generally said the Earl of Essex was Murdered The brave Lord Russel is afresh Lamented The Plot is lost here except you in the Country can find it out amongst the Addressers and Abhorrers And that he wrote in another Letter to this effect The King is never pleased but when the Duke of Monmouth is with him His Pardon was Sealed and delivered to him last Wednesday 't is said he will be restored to be Master of the Horse c. He treats all his old Friends with great Civility they are all satisfied with his Integrity and if God spare his Life doubt not but he will be an Instrument of much good to the King and Kingdom he said publickly that he knew my Lord Russel was as Loyal a Subject as any in England and that his Majesty believ'd the same now it would make you laugh to see how strangely our high Torys and Clergy are mortified their Countenances speak it Sr George is grown very humble It s said Mr Sidney is reprieved for forty days which bodes well And that in a third Letter he wrote thus The late change here in publick Affairs is so great and strange that we are like men in a Dream and fear we are not fit for so great a Mercy as the present Juncture seems to promise the Sham Protestant Plot is quite lost and confounded And that in a fourth Letter there are these expressions Contrary to all mens expectations a Warrant is signed for beheading Colonel Sidney at Tower-Hill next Fryday great endeavours have been used to obtain this Pardon but the contrary party have carried it which much dasheth our Hopes but God still governs The King's Counsel to prosecute this matter were The Recorder of London Mr Herbert quickly after made Lord Chief Justice Mr Jones Counsel for Sr S. Barnardiston were Mr Williams Mr Thompson and Mr Blackerby The Jury pick'd out to try this Cause were Thomas Vernon Knighted soon after the Service done in this Cause and then made Fore-man of a Jury to convict Dr Otes of Perjury Percival Gilburne one of the Jury upon the Guildhall Riot Edward Bovery William Withers senior A well qualified Jury-Man for this Cause James VVood Robert Masters A principal Witness against Colledge Samuel Newton Another of the Riot Jury George Toriano One of the Lord Russell's Jury Kenelm Smyth Thomas Goddard Thomas Amy and Richard Blackburne The Rocorder of London and Mr Herbert having aggravated the charge in the Information Mr Blaithwait Atterbury the Messenger and Nehemiah Osland Sr Samuel's Servant gave evidence of the writing those Letters and sending them by the Post for Sr Philip Skippon Mr Gael and Mr Cavel in Suffolk Then Mr Williams Counsel for Sr Samuel applied to the Jury to this effect That the question was Whether Sr Samuel were knowingly guilty of the Writing and publishing the four Letters That as to his publishing them he saw no evidence and he put it to the Court whether the sending them to the Post-House could amount to the publishing a Libel and he added to the Jury that he supposed they would not take it upon their Oaths that he was guilty of what he was there accused of many things being laid in the Information to inhanse the Crime of which there was no proof The Clamorous Chief Justice proceeding to dierct the Jury expressed himself to this effect That the Information took notice of a horrid Conspiracy lately hatcht for the destruction of the King and subversion of the Government and that the Lord Russell and Algernon Sidney who were ingaged in that damnable Conspiracy were convicted and executed That the Defendant being dissaffected and a man of ill Principles to disturb the Government did cause the four Letters to be writ and published That the Letters were Factious Seditious and Malitious and as base as the worst of mankind could have invented That it was a work of time and thought fixt in his