he upon which they let him go The Clerk of the Crows said he knew this Spence and that he was very like Sir E. Godfrey Then John Oakeley's Affidavit was read which was made before Sir John Moore Mayor June 22. 1682. and was That he coming by Somerset-House upon Saturday Octob. 12. 1678. the very day on which Sir E. Godfrey was missing about eight or nine at Night he saw Sir Edmond-bury near the VVater-gate and past close by him knowing him very well put off his Hat to him and Sir Edm. did the like to him and having pass'd him he turned and looked upon him and saw him stand still and a Man or two near him And that he told this to Elizabeth Dekin two or three days after and to his Uncle Ralph Oakely of Little St. Bartholomew about a Week after and to his Father Robert Oakely and several others in a short time after Elizabeth Dekin's Affidavit who was his Fellow-Servant before Sir John Moore at the same time hereof and Mr. Robert Breedon's Affidavit who was their Master and a Brewer near Sir E. Godfrey's House made then also that Dekin had told him what Oakely had told her and that before the Body was found And Robert Oakely his Fathers Affidavit made at the same time that his Son had told him the same and his Uncle Ralph Oakeley's Affidavit of the same before Mr. Justice Dolbin July 4. 1683. were all annexed to corroborate his Testimony And whereas it had been reported that Sir E. Godfrey hang'd himself and that one Moore his Clerk cut him down the said Henry Moore made Affidavit before Justice Balam of the Isle of Ely July 28. 1681. That the Report was false and scandalous and that he neither said nor did any such thing John Brown and William Lock also of Maribone made Affidavit before Sir John Moore Mayor June 30. 1682. That they viewing the Body on Thursday Octob. 17. 1678. as it lay in the Ditch found that the Pummel of the Sword-Hilt did not touch the Ground by an handful c.. Benjamin Man also of London Gent. being not called at the Trial tho twice subpoened made Affidavit before Sir W. Dolbin July 3. 1682. That being in the Gatehouse when Green was took and about to be put into Irons and understanding his Crime saying he did not think to have found him such a Man Green thereupon replied He was a dead Man Robert Forset Esq of Maribone made Affidavit also before Sir VV. Dolbin on July 1. 1682. That he was a hunting with his Hounds on Tuesday Octob. 15. 1678. and beat that very place where the Body was afterwards found but there was neither Body nor Gloves nor Cane thereabouts then and that Mr. Henry Harwood who is since dead borrowed his Hounds and told him that he beat the same Ditch the next day and that no Body was there he was sure on VVednesday at Noon George Larkin of London Printer made Oath also before Sir John Moore Mayor March 22. 1681. That he going to see the Body on Octob. 18. 1678. he met Nat. Thompson there who then proposed the printing of a Narrative of this Murder to him desiring his Assistance which they afterward agreed to print and that contain'd how Sir E. Godfrey's Face was of a fresh Colour tho in his life-time Pale a green Circle about his Neck as if he had been strangled c. That there was no Blood in the place and his Shoes as clean as if he had but just come out of his own Chamber which was an evident sign that he was carried thither and that the Coroners Inquest found that he was suffocated before the Wounds were made c. And finally that one of the Jury affirmed that his Mother's Servant searched all those Grounds for a Calf that was missing Monday and Tuesday and at that time there lay no dead Body Belt Gloves Stick c. Farrell it seems was Trustee for Fenwick that was executed and Pain was Brother to Nevill alias Pain who was famous for scribling for Mrs. Cellier and the Papists The Court consulting together Mr. Justice Jones having first set out the greatness of their Crime gave the Judgment of the Court which was That Thomson and Farrell should stand in the Pillory in the Palace-Yard the last day of the Term for an hours space between ten and one and each of them pay 100 l. Fine and to be imprisoned till they had paid it Pain was excused from the Pillory but adjudg'd to the same Fine Accordingly on Wednesday July 5. 1682. Thompson and Farrell were Pillored with this Writing over their Heads For libelling the Justice of the Nation by making the VVorld belive that Sir Edmondbury Godfrey murdered himself The Trial of Nathaniel Reading Esq before the Commissioners of Oyer and Terminer at the King's-Bench-Bar at Westminster on Thursday April 24. 1679. ON Wednesday April 16th 1679 His Majesties Commissioners of Oyer and Terminer did meet at Westminster-Hall in the Court of King's-Bench When and where the Commission was Read and the Grand-Jury Sworn and then Sir James Butler the Chief Commissioner that then appeared gave them their Charge informing them briefly of the Occasion of their meeting desiring them to go together and take the Witnesses being first sworn along with them which they did for about half an hour and then returned finding it Billa Vera. After which the Court Adjourned to Thursday April 24. On which day the Commissioners there met viz. Sir Francis North Kt. Ld. Ch. Justice of His Majesties Court of Common-Pleas William Montague Esq Ld. Ch. Baron of his Majesties Court Exchequer Sir William Wylde Kt. and Bar. one of his Majesty's Justices of the King's-Bench Sir Hugh Windham Kt. one of his Majesty's Justices of the Common-Pleas Sir Robert Atkins Kt. of the Bath another of the Justices of the Common-Pleas Sir Edward Thurland Kt. one of the Barons of the Exchequer Vere Bertie Esq another of the Justices of the Common-Pleas Sir Thomas Jones Kt. another of the Justices of the King's-Bench Sir Francis Bramston Kt. another of the Barons of the Exchequer Sir William Dolben Kt. another of the Justices of the King's-Bench Sir William Jones Kt. his Majesty's Attorney-General Sir James Butler Kt. one of the King's Counsel and the Queen's Attorney Sir Philip Mathews Bar. Sir Thomas Orbey Kt. and Bar. Sir Thomas Byde Kt. Sir William Bowles Kt. Sir Thomas Stringer Serjeant at Law Sir Charles Pitfield Kt. Thomas Robinson Esq Humphrey Wyrle Esq Thomas Haryot Esq Richard Gower Esq After Proclamation made for Attendance the Lord Chief Justice North discharged the Grand Inquest and Mr. Reading being set to the Bar his Indictment was read to him Being for Soliciting Suborning and endeavouring to perswade Mr. William Bedloe to lessen stifle and omit to give Evidence the full Truth according to his Knowledg against the Lord Powis Lord Stafford Lord Petre and Sir Henry Tichborn but to give such Evidence as he the said
he had not been quick enough in the Prosecution but had been too remiss and did threaten him that they would complain to the Parliament which was to sit the 21st of October following That about a week before he was missing he came to the Witness in a great fright and told him that several Popish Lords had threatned him and asked him what he had to do with it He said he went in fear of his Life by the Papists and that he had been dog'd several days Then Thomas Robinson Esq chief Prothonotary of the Court of Court of Common-Pleas and a Justice of the Peace for Middlesex and Westminster did depose that discoursing Sir Edmondbury about the Examinations he had taken about his Plot he said to him that he should have but little Thanks for his Pains that he did it very unwillingly and would fain have had it done by others And that he did believe upon his Conscience he should be the first Martyr Then Mr. Prance deposed that about two or three Weeks before Sir Edmondbury's Murder He Girald Green and Kelly met several times at the Plow Ale-House by the Water-side where Girald and Kelly inticed the Witness saying Sir Edmondbury Godfrey was a busie Man and had done and would do a great deal of Mischief and it was a piece of Charity and no Sin to kill him That they had dog'd him into Red-Lion Fields but had not an opportunity to kill him That Hill Girald and Green had dog'd him all Saturday October 12. last from his first going out Hill having first spoke with him upon some pretended story at his own House whereof Kelly gave the Witness notice at night they lodg'd him in a House at St. Clements and about seven a Clock Green call'd the Witness out of his own House in Princes-street to Semerset-House that about eight or nine a Clock Hill came before up the street and gave them notice to be ready and then stay'd at the Gate till Sir Edm. Godfrey came by and then told him there were two Men a quarrelling and desired him to come and try whether he could pacify them he was very unwilling but being intreated he went down till he came to the bottom of the Rails and then Green twisted his Handkerchief and threw it about his Neck and threw him behind the Rails and there throtled him and punched him and Girald a Priest as also was Kelly would have thrust his Sword through him but the rest would not permit him for fear it should discover them by the Blood That about a quarter of an Hour after the Witness came down and found he was not quite dead and then Green wrung his Neck quite round that he watch'd the Water-Gate and Berry the Stairs while the Murder was a doing but these Circumstances they all told him afterwards That when he came to them there was Hill Green Girald and Kelly about the Body and Berry came to them from the Stairs and they six help'd to carry the Body into Hill's Chamber in Dr. Godwin's House where it lay till Monday night something being thrown over it and then it was removed into Somerset-House and Hill shew'd it him with a Dark-Lanthorn Girald Hill and Kelly being then in the Room On Tuesday Night it was removed back again towards Hill's Chamber but somebody being there they lay'd it in a Room just over against supposed to belong to Sir John Arundel's Lodgings There it lay till Wednesday Night about nine a Clock when they removed it into the Room where it first lay and the Witness coming just as they were removing it they were affrighted and run away but he speaking Berry came back again and got the Body up into the Room and about twelve a Clock they carried it away in a Sedan which Hill brought that the Witness and Girald carry'd the Sedan Green and Kelly going before and Berry opening the Gate at an Hem that they carry'd him into Covent-Garden and then Green and Kelly to Long-Acre and then they again to Soe-hoe Church where Hill met them with an Horse on which they set the Body astride forcing open his Legs and Hill held him up and so leaving the Sedan in one of the new Houses there till they came back again Green Hill Girald and Kelly went away with him and as they told the Witness next morning they having run him through with his own Sword threw him into a Ditch and laid his Gloves and other things upon the Bank That Girald and Vernat did speak of a great Reward to be given for this from the Lord Bellasis That Girald was resolved to kill him that Night and if he could not otherwise he would kill him with his own Sword in the Street that leads to his own House That afterwards He and Girald and Vernat and one Luson Priests did dine at one Casshes at the Queens-Head at Bow having a Barrel of Oysters and a dish of Fish which he bought himself That Mr. Vernat sent a Note by a Cobler for one Mr. Dethick who presently came to them and then they all read the Writing of the Murder and were very merry but the Witness hearing the Door a little rustle went and catch'd a Drawer listning whom he told he could find in his Heart to kick down Stairs and so sent him away That this Vernat was to have been one at the Murder but something happen'd he could not That this Witness never knew Mr. Bedloe deposed That in the beginning of October last he was several times treated with by Le Faire Prichard Kains and several other Priests about murthering of a Gentleman refusing to tell him who it was promising 4000 l. and some to assist him in it Afterwards that he was commanded by them to insinuate himself into the Acquaintance of Sir Edmondbury Godfrey which he did by pretending to come for Warrants for the good Behaviour That the day before he was murder'd he sent his Boy to Sir Edm. Godfrey to invite him to the Tavern where were Prichard Le Faire Welch Kaines another 5 Jesuits that they also might have insinuated themselves into his Acquaintance but he was not at home That the next day Le Faire told him that there was a considerable Gentleman to be put out of the way that night who had all the Informations of Dr. Oates and Dr. Tongue and if he should not be put out of the way and those Papers took from him the Business would be so obstructed that they would not be able to effect it till another Age. The Witness then told him that according to his Promise he would assist and was appointed to meet him that Night in the Cloysters at Somerset-House And asking where the Reward was Le Faire told him that no worse a Man was engaged for it than the Lord Bellasis and Mr. Coleman had order to pay it That the Witness seeing Le Faire again on Monday night he was charged by him with his breach of Promise but excused
a Paper to the Court containing Observations upon the Indictment which she desired might be read but it was refused and she bid to give it her Husband Green produced for his Defence the Testimony of James Warrier his Landlord and his Wife and Maid which being found to relate to October 19. was deemed nothing to the purpose Berry produced Corporal William Collet who affirmed that he on that Wednesday Night placed his Sentinels at Somerset-House Nicholas Trollop from seven to ten who confessed that in his time a Sedan was brought in Nicholas Right stood from ten to one who said no Sedan came out in his time and Gabriel Hasket who affirmed the same for his time And Eliz. Minshaw Berry's Maid affirmed that her Master was in Bed that Night by twelve a Clock The Sentinels Evidence was only though material but in regard they could not be so positive but that they might be mistaken by reason of the darkness of the Night and Privacy of the Conveyance their Evidence was not thought substantial Mr. Attorney General then spoke to the Concurrency of Prance's and Bedloe's Evidences and Mr. Solicitor General to the Consistancy thereof After which the Ld. Ch. Justice sum'd up the Evidence and directed the Jury in a very tart Speech against the Cruelty of the Romish Principles Then the Jury withdrawing for a short space brought the Prisoners all in guilty Upon which the Ld. Ch. Justice told them that they had found the same Verdict that he would have found if he had been one with them and if it were the last word he were to speak in this World he should have pronounced them guilty At which Words the whole Assembly gave a great shout of Applause The next day the Prisoners being brought again to the Bar Mr. Justice Wyld who as second Judg in that Court pronounceth the Sentence in all Criminal Matters except High-Treason spoke an excellent Speech to them wherein he shewed them the Greatness of their Crime and gave them good Advice and then sentenc'd them to be Drawn Hang'd and Quarter'd which was accordingly executed upon them at Tyburn on Fryday the 21st of Feb. they all denying the Fact to the last ADVERTISEMENT THE Tryals of Thompson Pain and Farrel tho not immediately succeeding the Preceeding yet relating to the same matter and giving not little light thereto is judg'd not inconvenient to be placed next The Tryal of Nathaniel Thompson William Pain and John Farrel at Guild-Hall before Sir Francis Pemberton Lord Chief Justice of his Majesty's Court of Kings-Bench on Tuesday June the 20th 1682. The Jurors Names were Peter Houblon John Ellis William Barret Joshua Brooks Gervas Byfield Jonathan Lee George VViddowes William Sambrooke William Jacomb John Delmee Samuel Bayly Samuel Howard TO whom an Information exhibited by the Kings Attorney General against the said Thompson Pain and Farrel was read for writing and printing several scandalous Libels about the Death of Sir Edm. Godfrey reflecting on the Justice of the Nation in the Proceedings against his Murtherers Which Information Mr. Thompson opened and Serjeant Maynard aggravated the Crimes therein contained Mr. Clare then was sworn and produced a Copy of the Record of the Conviction and Attainder of Sir Edm. Godfrey As also a Copy of the Inquisition take by the Coroner of Middlesex upon the view of the Body of the said Sir Edm. Godfrey whereby it was found by them that he was murthered strangled with a Cord by Persons unknown Both which Mr. Clare having sworn to be true Copies were read Then the Execution of Green Berry and Hill was attested by the Oath of Capt. Richardson and Mr. Prance and Curtis swore that they and Bedloe were Witnesses at their Tryals Then Sir John Nicholas Sir Philip Lloyd and William Bridgman Esq swore that the two Letters in the Information which were shewed them were the same that were shewed to Thompson Pain and Farrel at the Council and that Thompson owned the printing of both and Farrel owned the bringing of the first and Pain owned the bringing of the other to Thompson both which Letters was then read in the Court. The first which Farrel owned he writ was intitled A Letter to Mr. Miles Prance in relation to the Murder of Sir Edm. Godfrey The Design whereof was to contradict the Evidence given at the Trial of his Murderers and to fix the Guilt upon himself affirming that the Coroner's Inquest were first of Opinion he was Felo de se and there was much Art us'd to procure their Verdict to the contrary That the Body was refused to be opened and the Coroner of Westminster's Assistance rejected and he dismist with a Guiny That he was not dogg'd as was sworn but was seen in several places and about three in the Afternoon about Primrose-hill walking in the Fields That he was found in a place inaccessible by a Horse and in such a posture as inferr'd he could never be thrust into a Sedan That his Body was full of Blood and when the Sword was pulled out Blood and Water very much issued out of that Wound and that part of the Sword which was in the Body was discoloured and the Point which was through was rusty his Clothes Belt and Scabbord were weather-beaten to Rags his Body stunk and his Eyes Nostrils and Mouth were Fly-blown his Eyes shut his Face pale no Dirt on his Shoes nor Horse-hair on his Clothes and that Bedloe's and Prance's Evidence before the Committee of Lords very much differ'd And that all this would be proved by divers credible and undeniable Eye and Ear-Witnesses Dated from Cambridg Feb. 23. 1681. Subscribed Truman London printed for M. G. at the Sign of Sir E. B. G's Head near Fleet-bridg The other Letter writ by Pain was intituled A second Letter to Mr. Miles Prance in Reply to the Ghost of Sir E. Godfrey Which was a Vindication of the First in Reply to the Answer given thereto by a Paper Intituled The Ghost of Sir E. Godfrey Disclaiming the concurrence of any Papists in publishing that Paper asserting for Truth all that had been said therein which was ready to be proved by many Witnesses who were not willing to expose themselves to the fury of that Torrent which then carried all before it in favour of the Plot by appearing at the Trial running over all the Paragraphs of the other Letter asserting what had there been said for Truth endeavouring to wipe off the Objections given in a scurrilous manner imputing Melancholy to be predominant in Sir Edm. Godfrey's Family and that such Accidents were no News thereto c. Dated from Cambridg March 13. 1681. subscribed Truman London Printed for Nath. Thompson 1682. Then was read a Paragraph out of N. Thompson's Loyal Protestant Intelligence Numb 125. Tuesday March 7. 1681. which was a kind of Advertisement of this second Letter's coming out and an Assertion that all things in the first were true and were ready by undeniable Evidence to be made out Then a
Paragraph was read out of another of the like Intelligences Num. 127. Saturday March 11. 1681. which was a kind of challenging an Answer to the first Letter and of the City's inspection of the Truth thereof promising Proof to every Tittle without one Papist or Popishly-Affected Person being concern'd therein c. Thus by these Letters and Intelligences they endeavoured to stifle the Evidence of the King and arraign the Justice of the Nation Then Mr. Sanders of Counsel for Pain acknowledg'd the rashness and unadvisedness of the Act but that it was not out of Malice that he was no Papist nor any of his Family and how ingenuously it was done of him to acknowledg his Letter much more than to write it and bring it to be printed Mr. Gooding of Counsel also for Pain acknowledged him sorry for what was done and offered to give any Satisfaction Mr. Yalden of Counsel for Thompson pleaded That the other two drew him in and that it was honestly done of him to discover the Authors and that what was in his Intelligences was not so much his Fault as the Authors for whom it was free to put what they would in there he being paid for his pains Mr. Osborne of Counsel for Farrell acknowledg'd it a foolish thing but offer'd his Witnesses to be heard Farrell then first of all called one Mr. Hazard who deposed That he went along with Farrell to see Sir E. Godfrey's Body at the White-House That he lay there upon a Table and his Eyes were closed and Shoes clean as if he had been upon an Hay-Mow That he saw Gobbets of Blood in the Ditch where he had lain and likewise at a place where there were two or three things to go over William Batson deposed That he also saw the Body at the White-House and the Blood in the Ditch but that it looked to him as if it had been laid there rather than any thing else Then one Fisher who helped to strip the Body at the White-House deposed That his Shoes were clean and he saw no Blood but on his back-part where was Blood that he seemed to have been strangled and his Neck was so weak that it might be turned any where Then John Rawson deposed That he help'd to carry the Body away out of the Ditch and pulled out the Sword that he saw Blood upon some Posts and upon the Table where it lay and on the Floor and that there were something like Fly-blows in his Eyes tho being ask'd he said he saw no Flies busy at that time of the Year At which the People laughed Mrs. Rawson his Wife only swore That there was Blood and Water ran through the Table and that many People said there were Fly-blows but she did not mind it tho there was something like Fly-blows Then Farrell proposed to prove the difference between Prance's and Bedloe's Evidence by Copies of the Journals of the House of Lords and the Ld. Ch. Justice gave him leave freely to prove what he would or could But he went off from this Proof and called other Witnesses c. Mr. Chase the Son deposed That he saw no Blood in the Ditch but he saw some four or five Yards off which the Constable told him followed the Sword when it was pulled out That he saw the Body in the House wherein was two Wounds and a great Contusion on the left Ear his whole Face much bruised and he believed him strangled and that those Injuries offered him could not be after he was dead Mr. Hobbs deposed That it was his Opinion he was Strangled his Face was bloted and the bloody Vessels of his Eyes full and he observed no Fly-blows Mr. Chase the Father deposed That he observed the Body beaten from the Neck to the Stomach so as he never saw the like That Mr. Farrell telling him soon after what Proof he could make of this Business he disswaded him as being impossible to say any thing against it that had the face of Truth That after his Book came out Mr. Farrell on Easter-Eve told him That six Months before he had given him good Counsel if he had taken it Then Mr. Brown deposed That he saw no Fly-blows on the Body nor ever said he did but that Mr. Farrell would have had him said so and another time told him he was wrong in his Affidavit as if he knew what he could make Affidavit of better than himself Then Mr. Smith deposed That he did not carry any of the Blood home in his Handkerchief as Farrell had called him for to declare Then Mr. Lazingby was sworn to declare Whether Men that kill themselves do not look as Sir E. Godfrey's Body did He deposed That he seemed to him to be strangled and that which strangled him was kept about his Neck till he was cold because his Face look'd bloody and bloted and that he put his Finger into the Blood which lay some four Yards from the Ditch and it smelt like that which comes from a Body after a Fortnight's Time dead rather than a Weeks it being Blood and Water whereas the Water will separate from the Blood That the Body was bruised from the Neck to die Stomach his Eyes were open and Blood-shed That his Clothes were dry which he admired at there having been so great a Storm the Afternoon before Farrell then proffer'd to prove himself no Papist but the Ld. Ch. Justice told him His Religion was not worth inquiring into And Searj Maynard observ'd how little Service his Witnesses had done him not one haying spoke on his side but quite against him and how little it belonged to such Fellows as he to meddle in this Business or to write about it proffering to call some Witnesses in to prove him as wicked a Liar as lived but it was thought unnecessary and was therefore waved The Ld. Ch. Justice observing what liberty he had given the Defendant to call what Witnesses he would because he was willing to hear what could be said in the Case whether a Doubt could be made in the World that Sir E. Godfrey was not murdered c. leaving it to the Jury Whether upon the Evidence they did not believe them all Guilty of this Design of traducing the Justice of the Nation The Jury thereupon without going from the Bar found them all three Guilty of the Information And on Monday July 3. they being brought to the Bar of the Court of King's Bench to receive the Judgment Mr Thompson the Counsellor moved for Judgment and further to satisfy the World produced Mr. Spence's Affidavit before Mr. Justice Dolbin July 10. 1682. wherein he had deposed that on Thursday Octob. 10. 1678. As he was passing by Somerset-House about 7 at Night five or six Men standing at the Water-gate laid hold on both his Arms and dragg'd him about a Yard within the Gate it being dark but one of them cried out which he believes was Hill whom he very well knew and said This is not
Dr. Tillotson and Dr. Lloyd and that he heard him say he had by him several Witnesses that would swear whatever he bid them and that he laid in Provisions of Fire Coals and Billets behind the Palsegrave-Head Tavern and hard by Charing-Cross to burn the City of VVestminster which he produced one Mr. Palmer to swear and that he lent him Mony as also he had Mr. Speke which was yet unpaid which proved to be 6 s. 8 d. for an Order which was for Mr. Speke's Brother aspersing them with being Eves-droppers multiplying words to little purpose His Defence therefore being Artificial as the Lord Chief Justice told him because nothing to the purpose Nay Mr. Justice VVild told him he disgrac'd his Profession by making so weak a Defence And Bedloe own'd some of the Crimes he bespattered him with as part of the Guilt for which the King had given him his Pardon and farther Depos'd That Mr. Reading was to have 100 l. a Year out of every 1000 l. a Year of Bedloe's Reward The Ld. Ch. Justice summ'd up the Evidence to which the Ld. Ch. Baron added some little and then the Jury after a short recess brought the Prisoner in Guilty And then the Court Adjourn'd for half an hour when being met again and the Prisoner at the Bar The Ld. Ch. Justice Sentenc'd him to be Fined 1000 l. to be imprisoned for the space of a whole Year and to be set in the Pillory for the space of one hour in the Palace-Yard in VVestminster On the Monday following he was Pillored accordingly the Sheriff having a particular Charge of his Person that nothing but Shame and Infamy might befal him to which he had been condemned and did deserve as well as any Man that ever was convicted The Trials of Thomas White alias Whitebread Provincial of the Jesuits in England William Harcourt pretended Rector of London John Fenwick Procurator for the Jesuits in England John Gavan alias Gawen and Anthony Turner all Jesuits and Priests At the Sessions-house in the Old-Baily on Friday June 13 1679. THen and there the Court being met and all the Judges of England present Proclamation was made of Silence and Attention whilst the King's Commission of Oyer and Terminer and of Goal-Delivery were openly read then the Prisoners being set to the Bar James Corker a Priest and Jesuit brought thither to be tried with them presented to the Court a Petition setting forth that he was absolutely surprized and unprepared for his Trial and therefore besought the Court that he might not be tried till the next Sessions To which the Court seemed inclinable enough nor did the Attorney General gain-say it upon condition that he could really make it out that he wanted Witnesses without which he could not make his Defence However it was thought fitting that he should hear the Charge that was against him read to the end he might be able to give the Court an account what Witnesses he had that might avail him in reference to his Defence against it which being done the Indictment being in general for High-Treason in conspiring the Death of the King the Subversion of the Government and Protestant Religion the former Question was put to him again and then he named one Alice Gatton now at Tunbridg as a Witness to prove that he was not in Town upon the 24th of April so that being respited till the next day the Court said nothing farther to him that Sitting Immediately after the Indictment was read VVhitebread represented to the Court that in regard he had been tried upon the 17th of December before upon the same Indictment at what time the Jury being impanell'd and the Evidence found insufficient which came in against him the Jury was discharged without a Verdict he was informed that no Man could be tried and consequently put in Jeopardy of his Life twice for the same Cause For which reason he pray'd for Counsel to direct him upon that Point in matter of Law He urged that his Life was in danger as being deliver'd over in Charge to the Jury and to make it out he alledg'd the Case of Sayer in the 31 Eliz. who having pleaded to a former Indictment for a Burglary was indicted a second time upon which it was the Opinion of the Judges that he could not be indicted twice for the same Fact He likewise desir'd a sight of the Record and that he might be informed whether or no when a Person comes upon his Trial he ought not either to be condemned or acquitted Upon the whole matter and his Motion together the Court declar'd to him that the Jury being discharg'd of him his Life was in no danger For that the Jury being sworn to make a true deliverance or the Prisoners in their Charge their Charge could not be full till the last Charge of the Court after Evidence Moreover he was told that such a Plea as he produc'd could not be supported without a Record and it was certain there was none here because there was no Verdict and besides this was not the same Indictment in regard it contain'd new matter Then Fenwick offered the same Plea his Case being the same appearing before with Whitebread upon his Trial but the Court returning the same Answer to him as to the former they both submitted and so all of them pleaded severally Not Guilty to the Indictment Then the Jury being to be impanell'd they unanimously excepted without naming them aganist all those Persons that had serv'd before as Jury-Men in the same Cause which the Court allowed them as but reason And the Jury therefore that were sworn were these twelve Thomas Harriott William Gulston Allen Garraway Richard Cheney John Roberts Thomas Cash Rainsford Waterhouse Matthew Bateman John Kain Richard White Richard Bull Thomas Cox To whom the Indictment being read Mr. Belwood of Counsel for the King in this Cause open'd the Indictment and Sir Creswel Levinz proved the Charge and then Dr. Oates was first called and being sworn he deposed That Whitebread was made Provincial the last December was twelve Month and by virtue of his Authority order'd one Conyers to preach in the English Seminary upon St. Thomas of Becket's-day that the Oaths of Allegiance and Supremacy were Heretical Antichristian and Devilish which accordingly was done That in January or February he wrote Letters to St. Omers concerning the State of Ireland of which he had an account from Arch-bishop Talbot who wrote him word that there were several thousands of Irish ready to rise when the Blow by which was meant the King's Murther should be given in England and he hoped it would not be long ere it was given That he sent over two Jesuits into Ireland in January to see how Affairs stood there of whose return he writ an account to St. Omers in April and of the Consult to be that Month at which he was and signed a Resolve at Wild-house that Pickering and Grove should go on in their design to dispatch
Secresy as to time and place it appearing of its own Nature necessary The other was a Letter from one Christopher Anderton dated from Hilton by which was meant Rome Feb. the 5th 1677 8. wherein mention was made of the Patents being sent thence both which Letters the Prisoners strugled much to vindicate by such forced Constructions of the matters they contained as all the Court rejected Against Gavan Dr. Oates deposed That he saw his Name to the Resolve though he could not swear he was at the Consult of the 24th of April That he gave an account from time to time of the Affairs of Staffordshire and Shropshire relating to the Plot and that coming to London he gave the same account to Ireland his own Chamber and talk'd of two or 3000 l. that would be ready for the Design Mr. Prance then deposed that Harcourt had told him above a Year before as he was paying him for an Image of the Virgin Mary that there was a Plot upon the Life of the King Mr. Dugdale deposed against him that it was he who had engaged him in the Plot upon the Life of the King and often perswaded and encouraged him to it That at Ewer's and his Chambers at Boscobel and other places several Consultations had been had about the Death of the King and bringing in of Popery wherein Mr. Gaven was always a great Man being a good Orator to perswade People in the Design That at the same Consultations he had heard the Massacre often discours'd of And that Gaven should say That tho they were but in a low condition themselves yet they would have Men and Mony enough to spare for such a Design That the said Gaven had many times endeavoured to convince him of the Lawfulness if not the Merit of killing any person whatsoever for the Advancement of their Religion As to Turner it was sworn by Dr. Oates that he was at the Consult of Fenwick's Chamber and sign'd the Resolve Mr. Dugdale also deposed that Ewers had told him that Turner was to carry on the Design in VVorcestershire That the said Turner had met with Ewers Leveson and others in several places and had in every one of them given his consent to and assisted with his Counsel in the carrying on of the grand Design of killing the King and introducing of Popery This was the main of the Evidence for the King The Prisoner's defence lay chiefly in seeking to invalidate the Testimony given against them and to prove Oates perjured they produced these St Omers Witnesses who testify'd that he was not in England in April viz. Mr. Hilsley William Parry Doddington Gifford Palmer Cox who differed in his Testimony from all the rest and caused two great Laughters in the Court Thomas Billing Townley Fall John Hall Butler Cooke a Taylor some of which were so positive that they affirmed that Dr. Oates never lay but two Nights out of the Colledg from December till the middle of June And to prove further that he did not come over with Sir John VVarner and Sir Thomas Preston as he had deposed elsewhere one Bartlet a Dutchman Carlier Verron Baillee who spoke by an Interpreter John Joseph and Peter Carpenter appear'd Then Gaven produced two Witnesses to prove him to be at VVolverhampton in Staffordshire at the time of the Consult viz. one Mrs. Kath. VVinford at whose House he there lodged and Mary Poole a Servant in the House the latter of whom was so lame in her Testimony as caused both Laughter and Shouts He produced four more that affirm'd him to be in VVolverhampton the last week in July but none that could speak to the other three weeks in that Month. However he protested his Innocency and desired to put himself upon the Trial of Ordeal Then VVhitebread in his defence offered to prove D. Oates mistaken in his Evidence at Mr. Ireland's Trial which the Court would not allow Harcourt endeavoured to prove Dr. Oates mistaken as to Ireland's being with him in his Chamber in August One Gifford the Lady Southcott Sir John Southcott Mr. Edward Southcott his Son Mrs. Harewel her Daughter Eliz. Keeling Pendrel and his Wife two Mrs. Giffords and one Mr. Bedloe affirming him to have been most of that Month in Saffordshire Fenwick offer'd to invalidate Mr. Bedloe's Evidence from his having been an ill Man c. Then Sir Creswel Levinz of Counsel for the King summ'd up the Prisoners Defence and to clear Dr. Oates's Evidence about Ireland he called Sarah Pain who swore that she saw Ireland in London about the middle of August And for the Proof of Dr. Oates's being in England at the time he said he was Mr. VValker a Minister Mrs. Ives Mrs. Mayo Sir Richard Barker Philip Page Butler his Servants Mr. Smith Schoolmaster of Islington and Mr. Clay a Popish Priest all deposed as to his being seen in April and May 78 to which the Prisoners only opposed the Number and Innocency of their Evidence being most young Boys After which the Ld. Ch. Justice directed the Jury and in summing up the Evidence insisted particularly on Dugdal's Evidence concerning Sir Edmondbury Godfrey's Death as a mighty Confirmation of the Plot. Then an Officer was sworn to keep the Jury who withdrew and the Judges also went off from the Bench leaving Mr. Recorder and a competent number of Commissioners there to take the Verdict and about a quarter of an Hour after the Jury brought them all in Guilty Then the Prisoners were carried back to Newgate and the Court adjourned till eight next Morning And then Mr. Langhorn was tried and found guilty After which they were all six brought to the Bar together and received Judgment to be Drawn Hang'd and Quartered which accordingly was done upon these 5 Jesuits and Priests on Friday June the 20th at Tyburn The Trial of Richard Langhorn Esq Counsellour at Law at the Old-Baily on Saturday June the 14th 1679. HIS Indictment was for conspiring the Death of the King Subversion of the Government and Protestant Religion whereto he pleading Not guilty the Jury were impannelled for his Trial who were Arthur Yong Edward Beeker Robert Twyford VVilliam Yapp John Kirkham Peter Pickering Thomas Barnes Francis Neeve John Hall George Sitwel James VVood Richard Cawthorne To whom the Indictment being read Roger Belwood Esq of Counsel for the King in this cause opened the Indictment and Sir Creswel Levins proved the Charge And Then Mr. Dugdale was first called to give Evidence of the general Design from which afterwards it would be brought down particularly to Mr. Langhorn who therefore deposed that he had been in several Consultations for alteration of this present Government and for the introducing of Popery and Murther of the King that he was to have a Sum of Money to be one of them that should kill the King being put upon it by Mr. Ewers Mr Gavan Mr. Luson and Mr. Vavasor all Jesuits that there was then to have been a Massacre of the Protestants and
with a solemn Imprecation and disclaiming all the Crime in this Matter that had been charg'd against him Against Corker Dr. Oates swore That he was privy to the Promise of the 6000 l. which was to be raised among the Benedictines for carrying on the Design and as being President of the Benedictines he assented thereto That the said Corker gave Le Chese and the English Monks at Paris an account of the Jesuits Proceedings in England And that he had a Patent to be Bishop of London which the Witness had seen in his hand And that he disposed of several parcels of Mony which they called the Queen's Charity for advancing the Design That also he was privy to the Grand Consult in April and excepted against Pickering's being made choice of for killing the King in regard that he being engag'd to say High Mass an Opportunity might be lost in the mean time Mr. Bedloe further depos'd against him That he had been with him in the Company of others at Somerset-House where he heard him discourse in general concerning the Plot of Letters of Intelligence and raising an Army What Agitators the Conspirators had in the Country and what Interest they had made To this Corker offer'd in his Defence That not knowing his Accusations he could not come with Evidences to support his Plea That there was nothing more easy than to accuse an innocent Person and that the Circumstances ought to be as credible as the Witnesses of which there was neither to be found in his Case using many Flourishes to move the Court and the Jury raising his Arguments from Improbability of Witnesses to maintain his Allegations And the more to invalidate Oates's Testimony he produced one Ellen Rigby Elizabeth Sheldon Alice Broadhead who testified That one Stapleton was President of the Benedictines and not himself and that the said Stapleton had been so for many Years Against Marshal Dr. Oates depos'd That he was present when the 6000 l. was agreed upon and that he made the same Exceptions against Pickering that Corker had done Mr. Bedloe swore also against him That he had carried several Letters to Papists in the Country that were in the Design and particularly one to Sir Francis Ratcliff And that he had sent Letters of his own twice to others concerning the subverting of the Government and introducing Popery To this Marshal throwing himself upon the Court whom he besought to manage his Cause for him as having had so much Trial of their Candour and Ingenuity he made some slight Reflections upon the King's Evidence and desir'd the Court to consider how-little concern'd he was at his being apprehended which was no small sign of his Innocency Relating the manner of it though very falsly as Sir William Waller then swore But the main of his Evidence lay upon this stress That Dr. Oates was a stranger to him and had mistaken him for some other Person which also was evidently made out to the contrary besides that the Prisoner brought no proof of what he affirm'd in that particular The Conclusion of his Defence was a smooth Harangue ad captandum populum and in justification of the Crimes of the five Jesuits that had already suffered which because it was look'd upon as an affront done to the Justice of the Court the Ld. Ch. Justice replied in a very smart and excellent Harangue whereat the people gave a Shout again upon him and the Court desir'd him to forbear his Flowers of Rhetorick which were all to no purpose Against Rumley only Dr. Oates swore That he was privy to the Consult for the raising the 6000 l. and that he pray'd for the Success of the Design And being but one Witness against him he did not think it needful to trouble the Court with a Defence And indeed it was the Opinion of the Court deliver'd to the Jury that they ought to discharge him After this the Ld. Ch. Justice summ'd up the Evidences taking Notice of the weakness of the Prisoners Defences only expressing himself dissatisfied at Dr. Oates's excuse of his own weakness and infirmity for not giving his full Charge against Sir George Wakeman at the Council Board Since he might have charg'd him in the same breath that he denied he had any thing more against him Saying it was strange that the Prisoners should have so little knowledg and so little accquaintance with Oates and Bedloe and so great a matter as they speak should be true c. As soon as my Lord had done speaking Mr. Bedloe told him he had not summ'd up his Evidence right His Reply was I know not by what Authority this Man speaks An Officer then being sworn to keep the Jury the Judges went off the Bench leaving Mr. Recorder and some Justices to take the Verdict And after about an Hours space the Jury returned and brought them all four in contrary to Expectation Not Guilty After which the Court Adjourned The Trials of Andrew Brommich and William Atkins Priests at the Summer-Assizes at Stafford As also of Charles Kern a Priest at Hereford-Assizes before the Lord Chief Justice Scroggs 1679. ON VVednesday Aug. 13. 1679. the Court sate And the Night before the Lord Chief Justice having charged the Sheriff to return a good Jury he now enquired of him if he had observed his Directions The Sheriff acquainted his Lordship That since he had impannelled the said Jury he had heard that one Allen who had being returned said in Discourse with some of his Fellows that nothing was done against the Popish Priests above and therefore he would do nothing against them here nor find them Guilty Whereupon his Lordship called for the said Allen and one Randal Calclough one of his fellow Jury-men and another Witness upon Oath who proving the words against him his Lordship discharg'd him of the Jury and committed him to Prison till he found Sureties for his good Behaviour And likewise three more of the Jury were discharg'd upon suspicion of being Popishly-affected his Lordship commanding the Sheriff to return good Men in their Places which was accordingly done and the Jury sworn viz. Thomas Higgin John Webb Edward Ward Thomas Marshall John Beech. Randal Calclough Richard Trindall James Beckett VVilliam Smyth VVilliam Pinson Daniel Buxton Richard Cartwright Then Andrew Brommich being set to the Bar was Indicted for being a Priest And to prove him so Ann Robinson deposed That she had received the Sacrament from him about Christmas last according to the Church of Rome in a Wafer and four times more before that time twice at Mr. Birch's and twice at Mr. Pursall's Then Jeoffery Robinson deposed That he heard him say something in an unknown Tongue and that he was in a Surplice but being a Papist was hardly induced to say so much Brommich's Defence was only a denial that ever he gave the Sacrament to Ann Robinson or if he did that it could be no Sacrament unless he was a Priest He desired also that it might be took notice
but e're long he should find a way to get 1000 l. Then offering to speak to Osborn as to the Thing it self he was not suffer'd as being no Evidence against the Defendants till somewhat had been proved upon them Therefore the King's Counsel proposed to prove that Lane and Osborn who tho laid in the Indictment to join was run away did accuse Dr. Oates and afterwards recant it and that Knox had an hand in all this And to this end Sir William Waller was called and deposed That Justice Warcup and he were order'd by a Committee of Lords before whom a Complaint of Dr. Oates had been brought of the horrid abuse of his two Servants Osborn and Lane to take their Examinations which he did and that Lane's Evidence upon Oath was That he had been induced by Mr. Knox to betray his Master and to swear several Things against him which Knox had drawn up and dictated to him which Osborn writ and he signed them That there were four Letters three or four Memorials and three or four Informations which they had carried Knox accompanying them to have sworn them before Mr. Cheney who not caring to meddle with them they applied themselves to Mr. Dewy who refused them likewise After this Knox took Lodgings for them removing them to several places lest Dr. Oates should hunt them out bidding them stand firm to what they were to do and they should not want for Reward that would maintain them with Footmen and to live well That Knox did at the One-Tun Tavern drop a Guiny upon the Table which he said he would not give because then they might swear that he never gave them any Mony And told them that the Lord Treasurer would never have surrendred himself to the Black Rod unless they had promised to stand fast to what he had dictated to them One part of which Information was that Mr. Bedloe should say to Dr. Oates that the Earl of Danby offered him a considerable Sum of Mony to go beyond-Sea and that Dr. Oates had a Design of abusing Lane's Body That Lane further confess'd that Dr. Oates would be something hasty and passionate but was very Religious and was constant in sending his Servants to Prayers and that he had accused him of a Falshood by the instigation of Knox who incouraged him to it by the Promises of a great Reward That also to prevent a Discovery it was agreed among them that if any one should betray it the other two should murder him That he did likewise declare that the Lords in the Tower would not be wanting to acknowledg the kindness in disparaging the King's Evidence And that at all the Places and several Lodgings and Entertainments they had been at were all at Knox's Charge except twice which might amount to about 18 d. and that he paid And upon the Examinations of Lane and Osborn he found they agreed together to a tittle That he took also the Examination of Knox who said that the Papers he received from Lane and Osborn who said they had writ them out of trouble of Conscience and desired him to go with them before some Justice to swear them denying that he paid for their Lodgings only that he did indeed drop a Guiny and another time 10 s. upon the Bed which they took up but he only lent it them Confessing that the Papers so drawn up and delivered into his Hands were by him delivered into the Hands of the Lord Latimer and were there for some time this Knox belonging to the Lord Dunblane That Knox confess'd also that he sent a Note to Osborn that day he was examin'd which was conveyed to him through the Door to this effect We always Club'd and you paid two Shillings at the Sugar-Loaf Tear this Which was to intimate that they should say he did not bear their Charges Then Justice Warcup being sworn deposed That he also had took Lane's Examination wherein he had confessed as before That also he was by when he was brought before the Lords of the Committee for Examinations and did hear him there first swear the things in these Notes contained and then come afterward and beg their pardon and God's for what he had sworn was false and this too was upon Oath That he heard Knox confess about the Note to Osborn and he took Lodgings for Lane and Osborn in VVhite-Friers by the direction of the Lord Dunblane's Coachman Then one Rix deposed That he help'd Osborn into Dr. Oates's Service and a while after he and Lane came to him and said they were both going off from the Doctor to preferment and should have 100 l. a Year and 500 l. apiece but would not tell how Another time Osborn came to him to borrow a Cravat for he was going to dine with one of the greatest Peers of the Realm at the other end of the Town this Discourse being at VVhite-hall and asking why he would leave Dr. Oates he said Let Dr. Oates look to himself for he had enough against him Then perceiving some Design he gave in his Testimony to Justice VVarcup and upon further inquiry into it the Lords ordered him to send out his Warrants for the taking of Knox Lane and Osborn which he assigned over to him and in a short time after they were taken Osborn then confess'd to Justice VVarcup and Lane to Sir VVilliam VValler Afterwards Rix drinking with Lane in the Prison would have paid but he would not let him for that he had 23 s. which he said Knox had sent him in Another day he came to him and Lane shew'd him a Note which he had put under the Door from a Gentlewoman That if he would stand firm to his Text he should have 500 l. nay he should not want 1000 l. But in case they would not the Lord Treasurer would never have come in and if they did not he would lose his Head And this Lane's Father and Mother told him afterwards and that one Hest did come and tell them so That also Lane told him his Heart was lighter now he had confess'd this and that Knox set him on drew up the Writings and promis'd him those Rewards Then Richard Slightam a Prisoner and Under-Goaler deposed That Knox gave him three half Crowns at one time and promis'd him a considerable Sum to carry Notes between him and Lane and Osborne but he carried none And when Osborne had confess'd he said it would signify nothing because two were better than one Then Mr. Dewy depos'd That at the end of April or beginning of May Knox came to him with two more with him and said the Ld. Latimer wish'd him so to do with Papers ready written which as said were the Informations of one Osborne and Lane who had over-heard Dr. Oates and Mr. Bedloe conspiring against the Lord of Danby but the Parliament then sitting he shifted them off and did not inspect them Then Mr. Henry Wiggens Mr. Bedloe's Clerk deposed That Knox came to him the latter
thus to visit Rushton were one Addison Fincham Stapleton Killingbecks and Thwing the elder That about the same time he heard the Prisoner the Lady Tempest Sir Miles Stapleton Dr. Stapleton and Rushton discoursing the same things and unanimously conclude that it was a meritorious Undertaking and for the good of the Church wherein they would venture their Lives and Estates Then Sir Thomas Gascoyne's Almanack was produced and several short Notes read out of it which he owned to be writ by himself viz. The 15th to Peter for a 100 l. to Corker Q. of Mr. Corker what Bills for how much and to whom directed he hath received of me since July the 21st 1677. to June 1678. Vid. the Book p. 45. and the great Book fol. 54. where you may find 8 for 900 l. and agree in this account Corker the 7th of August 1678. Take Heworth at easy rent of the Widow and purchase the Reversion of Craddock and in the interim Dawson Mr. Harcourt next house to the Arch within Lincolns-Inn-Fields Mr. Parrs April the 15th 1676. Memorand Aquaint Mr. Thomas Thwing with the whole Design Concerning all which the Prisoner gave but a very shuffling account Then two Letters from Placid alias Cornwallis to Sir Tho. Gascoyne and found among his Papers by Bolron were read The first was dated from Dolebank June the 9th 1678. expressing Thanks for his charitable Favours and speaking of a Proviso to be inserted into the formal Writing viz. That if England be converted then the whole 90 l. per annum is to be applied here in Yorkshire about or at Heworth c. requesting the formal Writing might be drawn as soon as possible and without making any material Alteration from what he had already signed save only the Proviso above written The other was dated from York-Castle May the 24th wherein he acquaints him with his Confinement and others and how chearful they were in hopes God would make all Catholicks of one mind for that he had a Letter from their Superiour at London who was the same day taken and carried to Prison wherein he declares alledging Authority That the pretended Oath of Allegiance cannot be taken as it is worded adding that three Breves have formerly been sent from the Pope expresly prohibiting it and in the third it is declared damnable to take it And that the day before they had a Letter communicated to them sent by Mr. Middleton now at Paris to his Friends here containing the Attestation of all the Sorborn Doctors against it adding that whosoever here in England give leave they deceive the People and are contrary to the whole Church That there was also a meeting some Years ago of all the Superiors both Secular and Regular wherein it was unanimously declared that it could not be taken c. Then Mr. Phiswick deposed that he had returned great sums of Money for the Prisoner at London To all this the Prisoner in his own defence called several witnesses against the Credit of the Kings Witnesses who had deposed this against him Mr. Babbington testified that there was last Spring some Debates and Differences about Rent and Money that was owing by Bolron to the Prisoner That he being the Prisoner's Attorney laboured and interceded often an Bolron's behalf but at length not being able to prevail that he should not be sued Bolron swore that he would then do that which he did not intend to do Obadiah Moor said that Bolron got him to be bound with him telling him he needed not fear any Suits because if Sir Thomas sued him he would inform against him for keeping Priests And that since he discover'd he desired him to be kind and not to harm him because he had often denied and sworn it that Sir Thomas was not concerned in this Plot. Stephen Thompson said that he also being bound with Bolron for the Mony he urged him for Paiment who on Holy-Thursday told him that if Sir Thomas did sue him he would do him an ill turn William Blackhouse said that when he went to fetch Bolron and his Wife to testify what they knew before a Justice of Peace that Bolron's Wife said she knew nothing against Sir Tho. Gascoyne but Bolron said she must go or he would have her drawn at the Cart's Arse Hamsworth said he heard Bolron threaten his Wife to tie her to the Horses Tail if she would not go to swear against the Prisoner against whom she said she knew nothing Nicholas Shippon said that on May the 30th last Bolron was at his House from two a Clock till an hour after Sun-set which Bolron denied saying he was not there above half an hour being the rest of the day at Sir Tho. Gascoynes seeing them mark Sheep Roger Gresson said that in August last Bolron being newly come from London and he inquiring how Sir Tho. Gascoyne did who was then in the Tower he told him he was well and may come off well enough but it would cost him a great deal of Mony And that the King was at Windsor where one of the privy Council made an attempt to stab him but the King made his escape and how they would believe his Informations the better James Barlow appeared to have spoken to a Combination between him and Mowbray to have wrong'd the Prisoner of some Mony but he being a Person concern'd with the Prisoner in the Plot was not suffered to speak George Dixon a Cloth-worker in Leeds said he saw Mowbray and Bolron a drinking in August last at William Batley's near the Old Church in Leeds and over-heard them contriving to swear against the Prisoner and the Lady Tempest but Mowbray said he knew nothing against Sir Thomas but that if he knew any thing against the Lady Tempest he would discover it for he would hang her if he could William Batley testified the same only they contradicted one another this Man saying they stood at the head of the Stairs the other at the foot one saying they could see them the other that they could not Mrs. Jefferson said that in August last she heard Mowbray say that he thought Sir Tho. Gascoyne was an honest Man and wrongfully accused Matthias Higgringil said that in September last Mowbray and Mr. Legat being at an Ale-house consulting how to disgrace the Prisoner and take away his Life Mowbray called him aside and told him now he should match them meaning Sir Tho. Gascoyne and the Lady Tempest for that they had done what they could to disgrace him he having been charged with taking away some Silver and Gold but now he would requite them Francis Johnson only said the prisoner had sustained Losses by Bolron but knew of no Malice between them Mr. Pebles Clerk of the Peace in the County of York said he met with Bolron last Assizes at York and after some discourse Bolron told him he had something against him and afterwards got a Warrant of the Council against him for keeping a Man from taking the Oath of
Allegiance for Mony but could never prove it and that he had an inn same in the Country But Bolron said one confessed to the Justice that he had given Pebles 40 s. but would not swear for what Hardwicke spoke only to the Unwillingness of Bolron's Wife to go to swear before a Justice of Peace William Clow said he had a Writ against Bolron at the Suit of Higgringil a Servant to the Prisoner which was served upon him May the 22d last and he begg'd he might not go to Goal till Higgringil came for he would make Sir Thomas pay his Debt for him or he would play him such a trick as he little dream'd of Mr. Hobart then gave some account of the Money returned by the Prisoner to London he having drawn the Receipts for it which was returned by Mr. Corker for the Prisoners Neece Mrs. Apleby who was beyond Sea Then a Woman witnessed that Mowbray was suspected of stealing while he lived with the Prisoner and proffered her 5. l. to have gone away intending as he told her to have clapped her in Prison and laid it upon her Then the Prisoner having no more Witnesses and referring himself to the Judgment of the Court the Kings Counsel endeavoured to vindicate the Credit of their Witnesses and first Sir John Nicholas Clerk of the Council deposed that the Prisoner did before the Council say that he had nothing to say to Bolron's Honesty till of late that he had not behaved himself so well in giving Informations against him But he did find him now what he did always take him to be a Fool And that he denied at first that he knew Rushton the Priest and afterwards the next time he came to the Council he said he did deny it because he was afraid of an old Law against harbouring of Priests Mrs. Bolron also deposed that her Husband never threatned her if she would not swear against the Prisoner Mrs. Bolron sen Mr. Bolron's Grandmother swore the same and that she heard the Prisoner say Mr. Bolron was an honest true Servant and he would do any thing he could for him Mr. Phiswicke also deposed that he knew no ill by Mr. Bolron but that he was an honest Man After this Serj. Maynard Mr. Sol. Gen. Mr. Justice Jones Mr. Justice Dolben and Mr. Justice Pemberton summ'd up the Evidence the Ld. Ch. Justice having been some time before gone off the Bench being to sit at Nisi Prius at Guild-hall And then the Jury withdrew for about half an hour and then brought the Prisoner in Not Guilty The Trial of Henry Care Gent. at the Guild-hall in London before the Ld. Ch. Justice Scroggs on Thursday July the 2d 1680. THen and there the Defendant appeared against whom ah Information in Hillary-Term the 11th of February had been brought in the Crown-Office charging him to be Author of the weekly Packet of Advice from Rome or the History of Popery particularly for that of the 1st of August 1679. and to which by his Attorney he pleaded then Not Guilty His Jury were Nicholas Bondy Leonard Bates Henry Avarie Randal Dod Nicholas Caplin Richard Cawtham Arthur Young VVilliam Yap James VVood Thomas Gilby John Odensel Emanuel Coniers Mr. Recorder having opened the Information Mr. Stevens Printer deposed that he printed the Pacquet and had several from Mr. Care and knew of none that ever was printed but by him or his order that he had treated with Mr. Care as if he were the Author which he always supposed and that his Boy had brought several of them to be printed The Printer's Servant deposed That he had fetch'd some of these Papers from Mr. Care 's own Hands and that sometimes his Boy brought them and that none came as he knew of from any Body else Then the Paper of Aug. 1. 1679. was read by the Clerk which was as followeth There is lately found out by an experienced Physician an incomparable Medicament called The Wonder-working Plaister truly Catholick in Operation somewhat of kin to the Jesuits Ponder but more effectual The Virtues of it are strange and various It makes Justice deaf as well as blind and takes out Spots of the deepest Treason more cleverly than Castle-Soap does common Stains It alters a Man's Constitution in two or three days more than the Virtuoso's transfusion of Blood in seven Years 'T is a great Alexipharmiek and helps Poisons and those that use them It miraculously exalts and purifies the Eye-sight and makes People behold nothing but Innocency in the blackest Malefactors 'T is a mighty Cordial for a declining Cause it stifles a Plot as certainly as the Itch is destroyed by Butter and Brimstone In a word It makes Fools wise Men and wise Men Fools and both of them Knaves The Colour of this precious Balm is bright and dazling and being applied privately to the Fist in decent manner and a competent Dose infallibly performs all the said Cures and many others not fit here to be mentioned Probatum est Then Sir Francis Winnington of Counsel for the Defendant pleaded That it was not proved that this particular Paragraph was writ by Mr. Care but it might be a Sham put upon him by some Papists that might have an ill will to him who had been no Friend to them by this means to have Justice come upon him And that however indiscreetly he might do it yet no Malice was proved therein Mr. Williams another of his Counsel pleaded That it could not be supposed that a good Man and a good Subject should do an ill Action And to prove him such Mr. Sutton deposed That Mr. Care had been with him at Church and that by the Conversation be had had with him he apprehended he might be the Author of the Pacquet Mr. Ambler only testified that Mr. Care had been at Church with him and that the common Report was that he was the Author of the Pacquet of Advice Mr. Ayliffe also testified that he had seen him at Church and Divine Service but that he never asked him whether or no he writ this After which Mr. Recorder reply'd upon the Defendant's Counsel That it was unlikely that the Papists did write this particular Paper because Mr. Care writ a Weekly Intelligence and no other Intelligence came out that Week but this c. The Ld. Ch. Justice then directed the Jury in a long Speech taking notice of the Noise and Shouts which had attended this Trial and which had quite altered the Case from Mr. Care 's to a Publick Concern telling the Court how they did the like in the Case of Harris whom yet they had forsaken as soon as he was in Goal for 500 l. which 5 s. apiece would have discharged him from if they were as free of their Purses as they were of their Noises and Acclamations So that in Truth they are only violent against the Government whilst they can make Shouts and Noises but if it come once to deliver a Man from a Penal Sum they will
the third at Charing-cross and in every place some Parcels of her Books to be burnt by the Common Hangman before her Face and a Paper of the cause to be upon the Pillory and she to find Sureties for her good Behaviour during Life The Trials of Thomas Thwing and Mary Pressicks at the Assizes at York on Thursday July the 29th 1680. THen and there the Prisoners appeared having been arraigned and pleaded Not Guilty to an Indictment of High-Treason for conspiring the Death of the King and Subversion of the Government The Jury after 25 challenged by Thwing sworn were Sir George Cook Bar. Thomas Worsley Esq William Caley Esq Roger Lee Gent. John Dixon Gent. George Wray Gent. Henry Pinckney Gent. John Blackston Gent. William Hardcastle Gent. Nicholas Stone Gent. George VVesterby Gent. Charles Tucker Gent. To these the Indictment was read and afterwards opened and the Treasons therein aggravated by the King's Counsel Then Mr. Robert Bolron being sworn deposed that in 1674. he came to live with Sir Thomas Gascoyne and was Steward of his Colepits and in 1675. he turned Papist and about January 1676. Mr. Thwing Father Rushton and several others came to his House at Shippon and did there examine him how he stood affected to the Roman Catholick Religion and whether he was resolved to venture his Life and Estate in it if there were any occasion to which he agreed and resoved to obey his Ghostly Father in all things and Father Rushton his Confessor gave him the Oath of Secresy That in 1677. there was a Consult at Barnborow-Hall Sir Thomas Gascoyne's House in the old Dining-Room Sir Miles Stapleton Sir Thomas Gascoyne the Lady Tempest Thwing Rushton and others being present wherein it was agreed that the King should be killed and Thwing said that if they mist this opportunity of doing it they should never have the like again and the effecting of it would be very beneficial to the Church of Rome And in hopes this would succeed they agreed they would erect a Nunnery at Dolebank but their real Intention was to have it at Heworth within a Mile of York after the King was killed and to avoid Suspicion the Lady Tempest promised them Broughton for the present and Thwing was to be Confessor of the Nunnery for the present That he paid 10 l. to Rushton in Thwing's presence towards killing the King and saw a List in Rushton and Thwing's Hands of Money raised for that purpose He paid 5 l. also to have his Soul prayed for And Thwing told him afterwards that in Yorkshire Lancashire and Derbyshire 30000 l. was raised for the killing of the King and that the List was sent beyond Sea Against Mrs. Pressicks he deposed That in 1678. she told him that she being in London did hear a Woman cry after her Stop the Papist stop the Plotter but she got away and afterwards durst not appear publickly That discoursing with her about the Plot she said Father Harcourt was her Confessor and first engaged her in it and that Pickering told her he was to have killed the King saying she was sorry he did not and that Oates and Bedloe were two Rogues had it not been for them the Plot had not been discovered Telling him the Gun which was to have shot the King was found with Pickering which she believed was the cause of his Death And that she said the King was an Asse and not fit to govern that what Mony the Parliament gave him he spent on Whores and Concubines Then Mr. Lawrence Mowbray deposed That about Michaelmas 1676. there was an Assembly of divers Priests in Rushton's Chamber at Barnborow-hall whereat he was admitted he being one that waited upon Rushton at the Altar and having took the Oath of Secrecy from him and Thwing was there he and Rushton manag'd the Conference wherein they declared the King was an Heretick and excommunicated by the Pope and that he should be killed because he had broke his Promise made to the Jesuits when he was beyond Sea and that it was not only lawful but meritorious to kill him That there was a List of those engaged in the design That he did not accuse Mr. Thwing till his 2d Examination before Justice VVarcup and that he knew nothing against Mrs. Pressicks Then Mrs. Bolron deposed the same against Mrs. Pressicks of what she had said at Mr. Bolron's House as before adding that she said there would never be quiet in England till the Papists had got the upper hand and not left a Protestant and she hoped an Army of Catholicks would be raised to set up Popery Mrs. Bolron jun. deposed the same being then also present One John Hutchinson was present too and deposed the same adding that she said likewise that we should never be quiet till the D. of York was made King Then Thwing urged in his defence that all this was only out of Malice to Sir Thomas Gascoyne's Family to which he was related and called Witnesses Nathaniel VVilson said that about last Michaelmas Mr. Bolron asked him if he could tell any thing of Father Rushton and he told him no then he bid him keep his Secrets and he would give him more than he could earn in seven Years but that unless he could shed the Blood of some of them he should get nothing Then Mr. Lowther the Justice who took Mr. Bolron's Examination the 24th or 25th of June 1679. testified that he did not then mention Thwing Obediah Moor said that about last Candlemas was 12 Months Mr. Bolron told him that Sir Tho. Gascoyne nor none of his Family were concerned in the Plot and that he believed there was no Plot. But in August after he told him he had but equivocated with him in what he said before and that there was a real Plot and if he had sworn a thousand Lies he could have been forgiven them Stephen Tompson testified that Bolron was arrested by Sir Tho. Gascoyne for Debt to whom he was bound with him When the Plot came out he asked Bolron if Sir Thomas was concerned he said no he was as innocent as the Child unborn but afterwards he said if Sir Thomas did sue him he would do him a greater Mischief and that while he intreated Sir Thomas's Forbearance for three Weeks Bolron came up to London and swore Treason against him and as to Mrs. Pressicks Bolron's Grandmother told him she could say nothing against her but Bolron said she must say so and so Then Zachary Thorpe testified that he meeting Bolron in Long-Acre before the last Assizes he told him Sir Tho. Gascoyne was cleared but swore the Jury were Rogues And that he was now going down to the Assizes at York against the Lady Tempest and swore he would ruin them if one thing would not do another should do it And that Bolron would have had him been evidence against Shipton last Assizes But Mr. Justice Dolben knowing this Witness thought his Testimony very improbable William Hardwick
nor indirectly and altho he was a little low at present and his Friends would not look on him yet he hoped God would never leave him so much as to let him swear against innocent Persons and forswear and damn himself Mr. John Yalden a young Barrister of Greys-Inn also affirmed that as he walked with Turbervil in February or March last in Greys-Inn-Walks he heard him say God damn me now there is no Trade good but that of a Discoverer but the Devil take the D. of York Monmouth Plot and all for I know nothing of it Afterwards Yalden being gone words passing between Turbervile and him they both complain'd of one another to the Court The Ld. Stafford then call'd for Oates again objecting against him his swearing before the Council that he saw in Spain Don John of Austria but the Lord Privy-Seal affirm'd that he only then said that he saw one whom he was told was that Person and that he did not know him of himself The Prisoner further objected that none of his Letters nor no Commission was produced that he knew neither Oates nor Fenwick nor ever saw Oates either at Fenwick's or Dr. Perrot's tho Oates instanced in a Circumstance at Dr. Perrot's how he offer'd him half a Crown to call Perrot home to him which he refused saying he was no Porter and that he was not to be look'd on as a credible Witness because he dissembled with God in as much as he deposed that he never was but seemingly a Papist Saying also that but last night he called the Lieutenant of the Tower Jaylor and Rascal which became not a Man of his Coat He charged then Dugdale again that he was a Prisoner for Debt in Stafford when he made his first Affidavit and Dugdale acknowledge'd he was then under the Serjeants hands He objected moreover Oates Poverty and that he said in a former Trial that he was 700 l. out of Purse Whereupon Dr. Oates confess'd his Poverty and offer'd to prove how he had disburss'd so much Mony relating how he had so much given him and got so much by printing some Copies And here the Prisoner ending his Defence the Managers offer'd before they summ'd up the Evidence to produce their Witnesses to fortify their Evidence and to discover what kind of Witnesses have been made use of against it and to falsify what the Prisoner's Witnesses have said in some Particulars And first of all Mr. William Hanson of Wilnal in Staffordshire deposed that he had seen Dugdale alone with the Prisoner in the Lord Aston's Parlour Then Mr. James Ansell of Heywood in Staffordshire deposed also that being of Tixal he saw the Prisoner and Dugdale walking alone together in the Court and that after the Plot was discovered that Dugdale was fearful of coming into Company That also he and Mr. Hanson was at Eld's the Ale-house Oct. 14. on Monday Morning and heard Mr. Dugdale tell of the Murther of a Justice of Peace of Westminster in the presence of Mr. Phillips and Mr. Sambidg who before have denied it and Hanson being called again deposed the same Mr. Birch also deposed that it was all about those parts by Tuesday and Wednesday Octob. 15 and 16. that a Justice of Peace of Middlesex was killed John Turton Esq deposed that he was told of the Rumor on Tuesday Octob. 15. and that it was Sir Edm. Godfrey that was murthered and as it was supposed by the Papists Then against the Testimony of William Robinson Mr. Booth a Member of the House of Commons deposed that he heard him in Cheshire talk the most atheistically as ever he heard any Man in his Life ridiculing the Sabbath it being on a Sunday and that from others he had heard how he went about the Country to cheat The Earl of Macclesfield deposed much to the same purpose and that he had heard him confess himself a Rogue and false Dice were found about him being before a Justice of Peace Against Samuel Holt another of the Prisoner's Witnesses Sampson Rawlins deposed that he was a Man of a very ill Report where he lived a lewd drunken Fellow and said to keep another Man's Wife and that he said none but Rogues would take Mr. Dugdale's part and be cause the Witness did so he would have murder'd him and that he broke the Lord Aston's Wine-Celler and my Lord bid Mr. Dugdale send him to Goal but he begg'd him his Pardon that he had known Mr. Dugdale this 14 or 15 Years in good Repute and an honest Man Thomas Launder deposed much to the same purpose against Holt adding that he was by a Consult of them at Tixal proffer'd Mony to have sworn Anselm a perjured Rogue at the Lord Aston's Trial. Against John Morrall Thomas Thorne deposed that he was a poor needy Fellow that wandred about the Country and but of an indifferent Reputation Then Simon VVright deposed that one Plessington had proffer'd him 700 l. to own himself perjured at Mrs. Price's Trial and to swear that Dugdale would have given him Money to swear against Sir James Simons and Mr. Gerard and they made him write Letters to this purpose this Plessington was the Lord Bellasis's Steward Then Elizabeth Eld deposed that she and her Sister help'd to burn Mr. Dugdale's Papers that Morning he went away from the Lord Aston's and one little Book he said had no Treason in it and needed not therefore to be burnt Why said the Witness is there Treason in any of the other Papers to which he only answered Do you think there is Ann Eld her Sister deposed also the very same things Then one Mr. Michael Noble deposed that he had help'd him to make up his Accounts and been with Mr. Dugdale at the Tower to account with the Lord Aston twice and one time the Lord Aston would not be spoke with and another time they spake with him with great difficulty but he would not produce the Book wherein Mr. Dugdale said the Discharges were Then Mr. Stephen Colledge deposed he was with Mr. Dugdale at the Tower when he went to make up his Accounts with him but they could not be admitted and that then he heard one of the Lord Aston's Men say that Mr. Dugdale was as honest a Gentleman as ever lived in their Family Then Mr. Nich. Boson who was with Mr. Dugdale at the same time with Mr. Noble and Mr. Colledge deposed to the same purpose Then for the Vindication of Dugdale's Credit Thomas Whitby Esq deposed that he had known Mr. Dugdale nine or ten Years in the Ld. Aston's Service and that he was his Steward and all the Servants under him and was entrusted with all his Estate and counted faithful to his Master's Interest only he hath heard some Tradesmen say that he hath put them off without Mony Then Mr. William Southall a Coroner of Staffordshire was sworn who testified to the Reputation of Dugdale having known him eight Years and gave a large account of his first Discovery of the
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
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
herein till he had been in France in 1677 and there seeing the slavery of the French People he thought it were better the Devil should reign over them than the French-Man Edmond Murfey hesitated much in giving his Evidence tho he had given it in the fullest of any to the Grand Jury but afterwards he ran away and was found at the Spanish Ambassadors though he owned that the Prisoner was to get 60 or 70000 l. for the establishing Popery But because he fenced in his Evidence the King's Counsel desired he might be committed which was done accordingly John Mac-Legh a Parish Priest in the County of Monagham in Ireland deposed That the Prisoner had received several Sums of Mony there and he had raised and paid him some for Arms and Ammunition for the Papists That he was at Vicar Bradey's House when Bishop Tyrrill came thither And that in France he had seen the Conditions upon which the Prisoner was made Primate which was to raise Men to join with the French to destroy the Protestant Religion John Moyer a Regular Priest and Begging Frier deposed That in 1672 he met with a Letter of the Prisoners in Caprennica directed to the Secretary of the Colledg De Propaganda Fide which he opened and copied producing the Copy wherein was said That 't was more proper for the Catholick Princes to agree together to extirpate Heresy than to vary among themselves that now was the time for there were 60000 Men ready to rise upon such an Invasion That in 1674 when he came into Ireland he told the Prisoner of this Letter and that he had seen it who thereupon pray'd him to be secret for what he did was not for his own Good but for the publick Good of the Catholicks who proffered him high Promotions if he would further the Design That he was at a Consult afterwards where the Primate Bishop Tyrrel and others were where they concluded to send Capt. Con O-Neale to France and Barcellona with certain Instruments wherewith the Captain shortly went and the two Bishops undertook to view Munster and Vlster and that this was in 1676. To all this the Prisoner only protested his Innocency complaining that his Witnesses and some Records he had not had time to procure and that the Jury were Strangers to him and the Witnesses and that by being brought out of his Country his Life was in danger where these Witnesses would not have been believed against him Then Mr. Sollicitor General and Serj. Jefferies having summ'd up the Evidence and the Lord Chief Justice giving the Charge the Jury withdrew for a quarter of an Hour and then brought the Prisoner in Guilty And on Wednesday June 15. after the Prisoner had pleaded the same things over again and informed the Court that now his Witnesses were come as far as Coventry being shew'd the insufficiency of such a Plea after so long time the Court had given him before his Trial the Lord Chief Justice sentenc'd him to be Drawn Hang'd and Quartered Which accordingly was execcuted upon him together with Fitz-Harris at Tyburn on Friday July 1. following The Trial of Sir Miles Stapleton at the Assizes at York on Monday July the 18th 1681. THen and there the Prisoner appearing having been arraigned and pleaded Not Guilty to Indictment of High Treason for conspiring the Death of the King and Subversion of the Government and Protestant Religion after several challenged on both sides the Jury sworn were Sir Barrington Boucher Kt. Sir John Jennings Kt. Richard Hutton Esq VVelbrough Norton Esq Tobias Hodgson Esq John Beverly Esq Anth. Frankland Esq John Adams Esq Francis Battery Esq Francis Fuldgam Esq Humphry Brooke Esq Thomas Lee Esq To whom the Indictment being read and then opened by Sir Thomas Stringer of Counsel for the King in this Cause the King's Witnesses were Mr. John Smith who being sworn told what he knew of the Plot in general much like what he related at the Trial of my Ld. Stafford to which the Reader is referred As to what he knew of the Plot in Yorkshire was that while he lived with Mr. Jennison Mr. Thwing the Priest who had suffered as a Conspirator much perswaded him to intreat Mr. Jennison to send his Daughters to Dolebank where a Nunnery was to be erected and he knew several that were there That he told him Sir Miles Stapleton was very zealous for promoting Popery and had contributed largely to it and was engaged with several others for making a Founder for Dolebank Then Mr. Robert Bolron deposed his Knowledg of the Plot just as he had done before at Thwing's Trial charging the Prisoner to have been at that Consult at Barnborow-hall in 1677 and thereat promised to give 200 l. towards the killing of the King It being then resolved to be done and Pickering mentioned to do it and it was said that if the D. of York did not please they would serve him as they would serve his Brother That one Sherborn told him that Sir Miles was to be a Privy-Councellour and that they would procure the Dukes consent to it That he was also at a Consult at Barnborow June the 13th 1678. and there it was agreed upon taking of Hull the letting in of the French there discoursing that the Ld. Bellasis had caused the Block-Houses to be almost ruin'd that the French might more easily come in and they had all Pardons for their Sins and that he had seen a collusive Conveyance of the Prisoner's Estate Then Mr. Lawrence Mowbray deposed that Sir Miles was at the Consult in 1676 at Rushton's Chamber where Rushton gave him the Oath of Secrecy and he promised to be true to the Design and would venture his Life and Estate for the promoting of so good a Cause Then Mr. Bayns was sworn who only depos'd that he had seen Sir Miles at several meetings at Barnborough-hall but knew nothing of what was discoursed thereat Then Sir Miles Stapleton began his Defence protesting his Innocency and having cross examin'd only Bolron he called Mr. Lowther to prove he did not accuse him when he was examin'd by him Yea Mr. Lowther said he told him that he knew nothing against Sir Miles but believed he was clear But afterwards he told him that Mowbray could accuse him and of what which Bolron denied both Then Sir Thomas Yarbrough testified that Bolron told him also Aug. 10 1679. that he knew nothing of Sir Miles's being concern'd in the Plot but believed him to be a very honest Gentleman only he knew he had made a collusive Conveyance of his Estate as most Papists he believed had done for Security Bolron denied this and deposed that he accused Sir Miles to the Council not in his first but second Information which was after the 10th of August The Lady Yarbrough then gave in the same Testimony with her Husband Mr. Normanton testified that in June 1679. Bolron told him that Sir Tho. Gascoyne would give 1000 l. for killing the King and the
he should be call'd to an Account for all his Actions for all the World might see that he did resolve to bring in Arbitrary Power and Popery and that unless he would let the Parliament sit at Oxford since he had called them together and put the People to Charges in chusing them and them in coming down he should be seiz'd at Oxford and brought to the Block as was the Logger-head his Father That the Parliament should sit at Guild-hall and adjust the Grievances of the Subject and of the Nation and that no King of his Race should ever Reign in England after him And unless the King did expel from his Council the Earl of Clarendon cunning Lory Hide the Earl of Hallifax that great turn-coat Rogue that was before so much against the Papists a Rascal whom we should see hang'd and all the Tory Counsellors England should be too hot for him That for this End there was in the City 1500 Barrels of Powder and 100000 Men ready at an hour's warning and that every thing was ordered in a due Method against the sitting of the Parliament at Oxford And that he should see England the most glorious Nation in the World when they had cut off that beastly Fellow Rowley who came of the Race of Buggerers for his Grand-father King James buggered the old Duke of Buckingham Railing then at Judg Pemberton saying Let him try Fitz-Harris if he dare I shall see him go to Tyburn for it I hope a turn-coat Rogue That he was for the Plot whilst he was puisne Judg but now he was Chief Justice he was the greatest Rogue in the World even like one of the Pensioners in the Long Parliament That the Prisoner would moreover have put this Informant upon charging the King With the firing of London and the Murder of Sir Edmondbury Godfry telling him that such and suck Lords should live and die by him and that he needed not to fear but that England should espouse his Cause And discoursing then of the Libel of Fitz-Harris The Devil take me said Colledge every individual Word is as true as God is in Heaven and that if the Informant did not join with Fitz-Harris in his Evidence and charge the King home he was the basest Fellow in the World because he made them Slaves and Beggars and would make all the World so and that it was a kind of Charity to charge him home that we might be rid of such a Tyrant He depos'd further That he also receiv'd a blew Ribbond from Mr. Colledge whom meeting after he came from Oxford he asked Where now were all his Cracks and Braggs for that the King had fool'd them who answered That they had not done with the King yet though they could do nothing then for that no Servant no Man living did know whether he would dissolve the Parliament that Day That he was that very nick of Time at the Lobby of the Lords House and there was a Man came in with a Gown under his Arm and every one looked upon him to be a Tailor and no Body did suspect no not his own intimate Friends except it were Fitz-Gerald that he would Dissolve the Parliament that Day But presently he put on his Robes and sent away for the House of Commons and when he had dissolved them before ever the House could get down he took Coach and went away otherwise that the Parliament had been too hard for him for that there was never a Parliament-Man but had divers armed Men to wait on him and that he had his Blunderbuss and his Man to wait upon him The next Witness against Mr. Colledge was Mr. Turbervile who being sworn deposed That when the Parliament sat in Oxford about the middle of the Week he dined with Mr. Colledge Capt. Brown and Don Lewis Clerk of Derby-House at the Chequer-Inn in Oxford After Dinner Don Lewis went out about some Business and Capt. Brown went to sleep and Mr. Colledge and he fell a talking of the Times and he was observing he thought the Parliament was not a long-liv'd Parliament Whereupon Mr. Colledge answered That there was no Good to be expected from the King for he and all his Family were Papists and had ever been such Then said Turbervile the King will offer something or other by way of surprize to the Parliament Said Colledge I would he would begin but if he do not we will begin with him and seize him for there are several brave Fellows about this Town that will secure him till we have those Terms that we expect from him adding That he had got a Case of Pistols and a very good Sword and a Velvet Cap Giving Turbervile a piece of blew Ribbond to put in his Hat to be a distinction if there should be any disturbance Then Mr. Masters was sworn who deposed That he and Colledge had been long acquainted And that a little before the Parliament at Oxford about Christmass after the Parliament at Westminster at Mr. Charlton's Shop the Wollen-Draper in Paul's Church-Yard discoursing with him about the Government he was justifying of the late Long-Parliament's Actions in Forty He said That that Parliament was as good a Parliament as ever was chosen in the Nation and that they did nothing but what they had just cause for and that the Parliament that sat last at Westminster was of their Opinion and so he should have seen it And that another time he calling him in a jocose way Colonel Colledge bid him mock not for he might be one in a little time Then Sir William Jennings being sworn deposed That Colledge gave him one time a Picture and another time he saw him bring into a Coffee-House a parcel of blew Ribbond with No Popery No Slavery wrought in it and sold a Yard of it there to a Parliament-Man as he took him to be for 2 s. who tied it upon his Sword And that on that very Day the Parliament was Dissolved at Oxford he came to him standing in the School-House-yard telling him Mr. Fitz-Gerald had spit in his Face and that he spit in his Face again and that so they went to Logerheads together and that upon Sir William's telling him his Nose bled he said I have lost the first blood in the Cause but it will not be long before more be lost The Evidence for the King here ending Mr. Serj. Holloway briefly explained to the Jury that the seizing the Person of the King was in Law a compassing and intending his Death as it was worded in the Indictment which therefore they ought so to understand Then Mr. Colledge desired to be resolved these Questions upon the Evidence which he had heard 1. Whether any Conspiracy for which his Indictment was had been herein proved 2. Whether there ought not to be two Witnesses distinct to swear words at one and the same time And 3. Whether any Act of Treason done at London shall be given in Evidence to prove the Treason for which he was now
Papers that had been charged upon him that they were none of his nor did he ever own them for his nor could he ever make Pictures nor did he ever in his Life and that that very Person whom Mr. Dugdale said he owned he got it to be printed by had denied it before the King and Council Then Elizabeth Hunt the Prisoner's servant appeared who testified That about 7 or 8 Weeks before the seizure of the Papers a Porter brought three Bundles of Papers for her Master in his absence which lay in a Box in his Counting-house a Week or Fortnight before she told him of them And as to Mr. Dugdale that she going to him for Mony he owed her Master after he was in Prison and he not paying her it as he promised she said to him Sir I think 't is very hard that you should keep my Master's Mony from him and yet go and swear against his Life too he said to her There was a great deal of do about his swearing against her Master more than needs but as he hoped for Salvation he did not believe Mr. Colledge had any more hand in any Conspiracy against his Majesty than the Child unborn Mr. Colledge inform'd the Court that this Maid moreover told him in the Tower before he came away that Mr. Dugdale desired to be remembred to Mr. Smith Colledge's Counsel and told her he had nothing against her Master that could touch his Life or an Hair of his Head and that he knew nothing of a Plot against the King and that if he could help it he had as lieve he had given 100 l. he had never spoken what he had Which she own'd for truth and Dugdale then denied evading it by telling the Story another way Then Mrs. Godwin being called appeared who related concerning the Papers that three Messengers coming to search for them on the Saturday after her Brother's confinement and they not finding them she got her Brother-in-law George Spur to carry them away to his House at Busshie to secure them till they should know what they did concern Then Spur being called did not appear Then the Attorny General called for one John Shirland who appeared to be a Man that lived by his Shifts and had been whip'd in Bridewel who swore that Mr. Bolron would have given him 10 l. and an Horse to go down and swear against Sir Miles Stapleton Which Bolron denied Then Smith deposed likewise against Mr. Bolron that he told him as they were traveling that he had as much to say against Colledge as any Body and that if he would speak for him he would evidence against Sir John Brooks for a discourse at Ferry-Bridge Which Mr. Bolron deny'd likewise Then no more Witnesses being called Mr. Colledge began to make his Observations upon the Evidence to the Court Professing his own Innocency as to what had been sworn against him and upon what had been attested for him owning his Zeal for his King Parliaments Church of England and against Popery Relating how he came acquainted with Haynes and the discoveries he made to him of the Popish Plot and of Sir Edmondbury Godfrey's Murder for which the Court interrupted and reproved him as not to the purpose and then he went on to sum up his own Evidence complaining of his close Confinement so that he could not procure that Evidence he otherwise might have done for himself The Statute of Decimo tertio was read to him and then Mr. Colledge very pathetically recommending himself to the Justice of his Jury concluded his Defence Then Mr. Sollicitor General largely summ'd up the Evidence and Mr. Serjeant Jefferies and the Lord Chief Justice did the same Then the Court called for two Bottles of Sack which the Jury divided among themselves at the Bar for their Refreshment in the presence of the Prisoner After which a Bailiff was sworn and the Jury withdrawing to consider of their Verdict the Court adjourned for half an hour and when they returned the Jury brought the Prisoner in Guilty At which there was a great Shout given whereat the Court being offended one Person who was observed by the Cryer to be particularly concerned in the Shout was committed to Goal for that Night but the next Morning having received a publick Reproof was discharged without Fees Then it being about 3 a Clock in the Morning the Court adjourned to 10. At which hour the Court being sat and first Mr. Aaron Smith having entred into a Recognizance of 500 l. to appear the first day of the next Term at the Court of King's-Bench the Lord Chief-Justice after a short speech directed to the Prisoner pronounced Sentence upon him to be Hang'd Drawn and Quartered which was accordingly executed upon him over against the Gate of the Castle at Oxford on Wednesday August 31. 1681. And his Head and Quarters through his Majesty's Grace were delivered to his Relations and by them brought up to London and privately interred The proceedings at the Sessions-House in the Old-Baily London on Thursday November 24. 1681. before his Majesty's Commissioners of Oyer and Terminer upon on the Bill of Indictment for High-Treason against Anthony Earl of Shaftsbury The Grand Jury Sir Samuel Barnardiston John Morden Thomas Papillon John Dubois Charles Herle Edward Rudge Humphrey Edwin John Morrice Edmund Harrison Joseph Wright John Cox Thomas Parker Leonard Robinson Thomas Shepherd John Flavell Michael Godfrey Joseph Richardson William Empson Andrew Kendrick John Lane John Hall THE Lord Chief Justice Pemberton gave the Charge wherein he explained the Nature of Treason particularly from the Statute of the 13th Car. 2. and explained the Validity of two Witnesses and the Jury's present Duty After which a Bill of High-Treason was offered against the Earl of Shaftsbury and Sir Francis Withens moved That the Evidence might be heard in Court Then the Jury desired a Copy of their Oath which the Court granted and then they withdrew After some little time they returned and being called over by their Names The Foreman acquainted the Lord Chief Justice That it was the Opinion of the Jury and they claim'd as their Right that they ought to examine the Witnesses in private But the Lord Chief Justice deny'd that it was their Right but was their Advantage and it was the King's desire it should be publick in which also the Lord Chief Justice North concurr'd and then therefore the Indictment was read wherein the Earl of Shaftsbury was charged with High-Treason for conspiring the Death of the King and subversion of the Government The Jury then desired a List of the Names of the King's Evidence But they were told that they being indorsed upon the back of the Indictment which they were to have out with them it was needless Then they requested to see the Warrant by which the Earl of Shaftsbury was committed but that they being told that the Lieutenant of the Tower kept for his Indemnity could not be granted Then they requested that the Evidence might
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
July 13. 1683. THen and there the Prisoner appearing he was Arraigned upon an Indictment of High-Treason for conspiring the Death of the King and subversion of the Government To which being required to plead he desired a Copy of his Indictment but being told nothing could be granted till he had pleaded he pleaded Not Guilty And then complain'd of his being arraign'd and tried at the same time desiring a Copy of his Panel having had only some Names of Persons usually upon Juries and that his Trial might be deferr'd till the Afternoon in regard he had a Witness that was not in Town But the Attorn Gen. urg'd the Jury might be called Then the Prisoner desired a Pen and Ink and some to write for him and to have the use of his Papers all which were granted And then John Martin being named the Lord Russel asked if he were a Free-holder of forty Shillings a Year saying that he thought none were allowed but such as were Free-holders To which the Court replied That no Pannel was made in London by Free-holders for that London Estates belonging either to the Nobility or Gentry that lived out of the City or to Corporations London was excepted To this his Lordship urged the Statute of 2 Hen. 5. wherein he said it was positive that in Cases of Life and Death no Man should be judged but by those that have forty Shillings a Year But the Attorn Gen. not allowing the Prisoners Exceptions his Counsel were called and again assigned him by the Court Mr. Pollexfen Mr. Holt and Mr. Ward who learnedly urged what they took to be Law in that Case and were answer'd by the Attorn Gen. Mr. Sol. Gen. Sir George Jefferies and Mr. North the King's Counsel And then it was adjudged by eight of the Judges being present viz. the Ld. Ch. Justice the Ld. Ch. Baron Mr. Justice Wyndham Mr. Justice Jones Mr. Justice Charlton Mr. Justice Levins Mr. Baron Street and Mr. Justice Withens that in case of Treason Free-hold was no good cause of Challenge The Jury-men therefore were called and after the Lord Russel hah challenged 31 of them the following Persons were sworn viz. John Martin William Rouse Jervas Seaton William Fashion Thomas Short George Toriano VVilliam Butler James Pickering Thomas Jeve Hugh Noden Robert Brough Thomas Oneby To whom the Indictment being read the same was opened by Mr. North and the Attorny-General opened the Evidence And then Col. Rumsey being sworn deposed That about the latter end of October or beginning of November the Lord Shaftsbury sent him from his Lodging by VVapping to Mr. Shepherd's to the Duke of Monmouth the Lord Russel Lord Grey Sir Thomas Armstrong and Mr. Ferguson there met to know what Resolution they were come to about the rising of Taunton Their answer was That Mr. Trenchard had failed them that he had promised 1000 foot and 300 Horse but when he came to perform it he could not He thought the People would not meddle unless they had some time to make Provision for their Families That Mr. Ferguson made this Answer the Lord Russel and the Duke of Monmouth being present and the Lord Grey saying something to the same purpose And upon this it was the Lord Shaftsbury prepared to be gone That he was with them at Shepherd's about a quarter of an hour and that there was some discourse about seizing of the Guards at the Savoy and Mews in case the Insurrection had gone on which was to have been on Novemb. 19. and that the Duke of Monmouth the Lord. Grey and Sir Thomas Armstrong undertook to view the Guards and that the Lord Russel assented to all this and the Witness was to have gone to Bristol by the order of the Earl of Shaftsbury against that time Then Mr. Shepherd deposed that in October Mr. Ferguson came to him in the Duke of Monmouth's Name to request the conveniency of his House for him and some other Persons of Quality to meet That in the Evening came the Duke of Monmouth the Lord Grey the Lord Russel Sir Thomas Armstrong Col. Rumsey and Mr. Ferguson one after another That Sir Thomas Armstrong desired they might be private and therefore what they wanted he fetch'd up himself not suffering his Servants to come up That their Discourse was about seizing the Guards and the Duke of Monmouth Lord Grey and Sir Thomas Armstrong went one time to view them and the next time they met at his House he heard Sir Thomas say the Guards were very remiss in their Places and not like Soldiers and that the thing was feasible if they had strength to do it That they met twice at his House and the Prisoner was there both times That Mr. Ferguson read a Paper in the Nature of a Declaration setting forth the Grievances of the Nation in order to a Rising He could not say the Lord Russel was present at the reading of it but Col. Rumsey was who then deny'd it saying it was over before he came Then the Lord Howard being sworn began his long Evidence with a low Voice pretending the News he had just then receiv'd of the Earl of Essex's Fate had sunk his Voice and a long Story of the Designs of the Earl of Shaftsbury an Account of which he had from Capt. VValcot whom he brought acquainted with the Earl of Shaftsbury and by whom the Earl of Shaftsbury sent for him while he absconded at one VVatson's at the end of VVoodstreet and there discover'd to him his Design of the Rising and that he had 10000 brisk Boys ready to follow him whenever he held up his Finger who were to possess themselves of the Gates and would in an Hour's time be 5 times multiplied But that his Design was much retarded by the backwardness of the Duke of Monmouth and the Lord Russel who failed him in not being ready prepared to concur with him in the Country that he then endeavour'd to shew the Earl of Shaftsbury the necessity of having those Lords concurrence in so weighty an Undertaking and proffer'd his Service to bring them to a right Understanding among themselves to this end he spoke with the Duke of Monmouth who deny'd that either he or the Lord Russel had given the Earl of Shaftsbury any incouragement to be so forward because they knew the Country could not be ready to stir so soon That a Meeting was then propos'd but afterwards put off by reason of the Earl of Shaftsbury's fears of being discover'd That the Duke of Monmouth told him that the Lord Russel had been with the Earl of Shaftsbury and preswaded him to put off his Rendezvouz for only a Fortnight against which time they would try to be ready for him But the Country not being ready that Design was disappointed That in October Captain Walcot acquainted him with the Design upon the King with which he acquainted the Duke of Monmouth who said he would never suffer it and they did all they could to prevent it This failing the
1684. was brought from thence by Habeas-Corpus to the Bar at the King's-Bench at Westminster where being Arraign'd he was told of his being Indicted and Outlaw'd and thereby Attainted for High-Treason and ask'd what he had to say why Execution should not be awarded against him upon that Attainder To which be reply'd that since he had made an Ingenuous Confession to his Majesty of all that he knew of any manner of Conspiracy against him he hoped That would render him Capable of Mercy and Pardon Upon which the Attorny-General offer'd him a Trial that if he had any thing to say he Defend himself from the Indictment but he Confessing himself Guilty of many things therein declin'd it and threw himself wholly upon the King's Mercy But the Court telling him that the King was the Dispenser of his own Mercy and that they were only to Execute his Justice gave a Rule for his Execution upon Wednesday Sevennight after there being no other Judgment to be pronounced in such Cases as the Court told the Attorny-General when he moved for it the Outlawry it self being the Judgment Which accordingly was Executed upon him on Wednesday the 30th of April 1684. at Tyburn Proceedings in the Court of King's-Bench against Sir Thomas Armstrong June 14. 1684. Sir George Jefferies being Lord Chief Justice SIR Thomas Armstrong Kt. was upon the 14th of June 1684. brought by a Writ of Habeas-Corpus from Newgate to the Bar of the Court of King's-Bench at Westminster and there Arraign'd upon an Outlawry of High-Treason for conspiring the Death of the King c. And being ask'd what he had to say for himself why Sentence should not be awarded against him upon that Attainder pleaded his being beyond-Sea at the time of the Outlawry and desired to be tried upon the Indictment Which the Court refusing to grant him he pleaded the Statute of the 6th of Edw. the 6th which gives the Person Outlaw'd a Year's time to reverse the Outlawry and desired it might be read which accordingly was done But it appearing by the Statute That the Person Outlaw'd ought to render himself to the Chief Justice of England within a Year's time Sir Thomas was told this did not concern him for he had not rendred himself but was taken and brought thither against his Will To which he answered That the Year was not then expir'd fie was there and did now render himself and pray'd Counsel might be assign'd him to argue it in Point of Law but the Court over-rul'd him in it telling him There was no such Doubt or Difficulty in the Matter as to need any such thing Upon which insisting much upon his Innocency and offering to make proof of it if he might be admitted to a Trial he produc'd Holloway's Case as a Precedent for it who had but a little before been offer'd it at the same Place but the Court told him that what had been done therein was meerly from the King's Grace and Mercy and that the King might extend the same Mercy to him also if he so pleas'd but since he had not done so and it not being their Business they must proceed to award Execution upon the Outlawry Upon which Mrs. Matthews Daughter to the Prisoner call'd out to the Court not to Murder her Father For which the Chief Justice caus'd her to be committed to the Marshal and accordingly she wishing that God Almighty's Judgments might light upon them was carried away the Chief Justice saying That he thanked God he was Clamour-proof After which the Attorn Gen. offered to shew the Reasons why the King extended that Grace to Holloway but ought not to extend it to Sir T.A. as not at all deserving any sort of Indulgence or Mercy but that having relation to the Evidence and not to the Outlawry the Court refus'd to hear any thing of it and so proceeded to give a Rule for his Execution the Friday following telling him upon his earnest pressing to have the Benefit of the Statute he had cited the he should have the Full Benefit of the Law And accordingly on Friday the 20th of June he was Executed at Tyburn Mrs. Matthews upon a Petition being before releas'd out of Custody without Fees The Trial between Sir William Pritchard Kt. and Alderman of the City of London Plaintiff and Thomas Papillon Esq Defendant in an Action upon the Case at the Sessions of Nisi Prius holden for the Court of Kings-Bench at the Guild-hall in the City of London on Thursday the 6th of November in Michaelmas Term in the 36th Year of the Reign of King Charles the Second 1684. Before Sir George Jefferies Kt. and Baronet then Lord Chief Justice of the said Court of Kings-Bench SIR William Pritchard late Lord Mayor of the City of London having in Easter Term last brought an Action upon the Case for falsly maliciously and without probable cause procured him to be arrested and imprisoned in his Mayoralty against Thomas Papillon Esq The Defendant pleaded Not Guilty and thereupon issue being joined it came this day to be tried before the Lord Chief Justice Jefferys and the Jury sworn to try this Cause were these Bartholomew Ferryman Thomas Blackmore Thomas Symonds William Whatton John Green Thomas Amy Joseph Baggs Daniel Chandler John Reynalds John Allen Joseph Caine William Withers jun. Then Mr. Munday being of Counsel for the Plaintiff opened the Case to which Mr. Attorney General added something And then Mr. Solicitor General called Mr. Keeling who being sworn deposed That on April the 24th he being sent for by a Letter from Mr. Goodenough came to Mr. Russel's a Cooks-shop in Iron-monger-lane to meet him where were 30 or 40 Persons together By whom while he was gone for a little while his Name was put into a Warrant to be a special Bailiff to arrest the Lord Mayor which he seeming unwilling to do was urged thereto for fear of displeasing the Discontented Party which he said were such as he and the Goodenoughs were of even such as would have killed the King and the Duke that being prevailed upon he went along with the Coroner Mr. Burton and Mr. Francis Goodenough to Grocers-hall where Sir William Pritchard kept his Mayoralty to whom the Coroner came up and said he had a Warrant against him and therefore pray'd him to give an Appearance at the Suit of Mr. Thomas Papillon and another at the Suit of Mr. John Dubois whereupon some Words passed between them and the Lord Mayor refusing to give any Appearance the Coroner bid us execute our Warrants upon which he came up to the Lord Mayor and touched him upon the Shoulder telling him that he did arrest him at the Suit of Thomas Papillon Esq and one Ferdinando Burley arrested him then again at the Suit of Mr. John Dubois and then the Coroner dismissing them and taking the Lord Mayor into his own Custody he went thence to Sir Henry Tulse's and arrested him also Then Sir Henry Tulse being called and sworn deposed that about
of the Season had chang'd their Opinion so that now they disbelived that which they believed before and perhaps for as little Reason as they believed him at first For he could not expect that a Man who believes without a Principle should not recant that Belief without a Reason But the Court call'd this a Reflection and spar'd him not for it The other part of his Defence consisted of his endeavouring to prove that he was here seen in London in April and May 1678. To this end Mrs. Cicilia Mayo Sir Richard Barker's House-keeper deposed That she saw Dr. Oates at her Master's House in Barbacan the latter end of Apr. or beginning of May being about a Week before Whitsontide in that Year the Plot broke out That the Coachman told her he had been there once or twice before but this was the first time she saw him he having on grey Clothes a white Hat and a short Periwig and dined there with her Lady's Sister and others Sir Richard being then sick in the Country That he came afterwards when she saw him in black Clothes a longer Periwig which was brown That she never knew the Prisoner before then but they told her who it was Then John Butler Sir Richard Barker's Coachman deposed That he also saw Mr. Oates at his Master's House the beginning of May before the Plot in a disguise having on a grey Coat and white Hat and his Hair cut short but without a Periwig enquiring for Dr. Tongue Mrs. Mayo then also looking upon him in the Court through the Window And that afterwards he came in a Cinnamon-coloured Coat and green Ribbons and a long black Periwig and that he dined there several â—â—mes Then Philip Page Sir Richard Barker's Man that used to make up his Physick for him deposed That he remembred he did see the Prisoner at his Masters in grey Clothes but he was not certain as to the time only he believes it was in May. Then Mr. Walker a Minister deposed he met the Prisoner in a Disguise between St. Martin's-Lane and Leicester-Fields not exactly remembring the Time when only he thought it about a Year and a quarter before he was first examin'd and that the Elm-Trees were then budded forth as big as an Hazle-Nut After this reflecting on the discredit the St. Omers Witnesses had once been in and of their not prosecuting of this Cause before this time he concluded his Evidence And the King's Counsel proceeded to answer his Defence producing the Records of Sir George Wakeman and Earl of Castlemaine's Trials to prove that his Evidence there was not believed which were read and Sir George Wakeman being sworn deposed what it was the Prisoner then swore against him and protested the falsity of it and his own Innocency The same also the Earl of Castlemain did in like manner And then the Lords Journals were produced where it was recorded that the Prisoner said he could accuse no Body else but those that he named and yet soon after he accused the present King and the Queen-Dowager but this upon search being not found to be a Record upon Oath it was not thought valid Evidence Therefore they proceeded to prove his Subornation of one Clay which was a Witness for the Prisoner at the Trial of the five Jesuits whom now he did not call and of Mr. Smith the School-master of Islington To this end part of Oates's Narative was read out of the Lords Journal wherein he accused this William Smith as concerned in the Plot as endeavouring to vilify the House of Commons c. And then a Certificate was read under Oates's Hand of this Smith's Honesty not three days before the Trial of the five Jesuits whence they would infer he had been tampering with him the which Smith himself being sworn was ready to have deposed but the Ld. Ch. Justice would not admit him to swear that he did forswear himself because such should never have the Countenance of ever being Witnesses again Therefore they proceeded to prove the Subornation of Clay and to this end Lawrence Davenport in whose keeping Clay was in Prison deposed that Sir William Waller and the Prisoner did hang'd for that they could prove him to be a Priest unless he would swear for Oates that he dined with him at Mr. Howards in May which he consented to so he might have his Mony restored that was taken from him saying he had been a Rogue before and did not know what he might be And this another Witness produced swore that Davenport told to him the next day in Prison Then Mr. Howard deposed That Clay was mistaken in his Testimony given at the Trials of the five Jesuits in being July and not May 1678 that he and Oates were at his House about which time there was no question of his being in England Then they read out of Oates's Narrative again wherein he had said how he return'd three or four days after the Consult of April 24 was over observing hence how his own Witnesses contradicted him who had deposed that they saw him here in London the latter end of May. And here the Counsel for the King concluding their Evidence Dr. Oates proceeded with his Defence only shewing out of the Lords Journal a Copy of their Resolve That there was a Plot and of their summoning up before them Thomas Bickley of Chichester for vilifying Dr. Oates and thereupon turning him but out of Commission objecting five things against their Evidence 1. Their Religion A Papist not being a good Witness in a Cause of Religion appealing to the Heavens Which the Ld. Ch. Justice call'd a Common-wealth appeal and bid him to be took away falling very foul upon the poor Doctor But stood in 't that 't was Law and the Lord Cooke's practice quoting Bulstrode's Reports 2d Part 155. He Objected 2. Their Education confessing themselves to be bred up in a Seminary which is against Law quoting 27o. Eliz. cap. 2. and 3. Car. 1. Cap. 2. Which also was over-ruled 3. Their Judgments in Cases of Conscience whereby they own they have Dispensations to swear Lies for the promotion of the Cause 4. It was refused at the Lord Shaftsbury's Trial to suffer the King's Evidence there to be Indicted of Perjury But all this the Ld. Ch. Justice told him was idle and nothing to the Purpose And therefore he went on to sum up his Evidence protesting the Truth of his Evidence and that he was resolved to stand by and seal it with his Blood which the Ld. Ch. Justice told him it was pitty but he should Then Mr. Sol. Gen. summ'd up the Evidence which while he was a doing Dr. Oates beg'd leave to withdraw being weak and ill with the Stone and Gout and having lien in Irons 21 weeks After him the Ld. Ch. Justice summ'd up the Evidence with all the Virulency and Gall his Wit or Malice could assist him And then the Jury withdrawing for about a quarter of an hour deliver'd in their Verdict
Messengers attending the Court delivered to the Dean of St. Pauls a Warrant from the Ecclesiastical Commissioners to cause this Sentence to be affixt on the Door of that Chapter-House and to certify them of the due Execution hereof Dated Septemb. 28 1686. and sealed with the same Seal as the Sentence which was annexed thereto but no Persons Names Subscribed To the Dean and Chapter of London The Proceedings and Trial in the case of the most Reverend Father in God William Lord Arch bishop of Canterbury and the Right Reverend Fathers in God William Lord Bishop of St. Asaph Francis Lord Bishop of Ely John Lord Bishop of Chichester Thomas Lord Bishop of Bath and Wells Thomas Lord Bishop of Peterborough Jonathan Lord Bishop of Bristol in the Court of Kings-Bench at Westminster in Trinity-term in the 4th Year of the Reign of King James the 2d Annoque Domini 1688. THese Peers were present on Friday June the 15th 1688 when the Lords the Archbishop and Bishops were brought into Court from the Tower upon the Habeas Corpus Viz. Ld. Marq. of Hallifax Ld. Marq. of Worcester Earl of Shrewsbury Earl of Kent Earl of Bedford Earl of Dorset Earl of Bullingbrook Earl of Manchester Earl of Burlington Earl of Carlisle Earl of Danby Earl of Radnor Earl of Nottingham Ld. Visc Fauconberge Ld. Grey of Ruthyn Ld. Paget Ld. Chandoys Ld. Vaughan Carbery The aforesaid Bishops appearing then and there about eleven a Clock at Mr. Attorney General 's motion the Writ and Return were read in Court Sr. Robert Wright Ld. Ch. Justice Judges Mr. Justice Holloway Judges Mr. Justice Powell Judges Mr. Justice Allybone Judges Then the Bishops being sat in Chairs provided there for them the Attorney General motion'd an Information to be read against them which Sir Robert Sawyer Serj. Pemberton Mr. Pollexfen and Mr. Finch oppos'd being of Counsel for the Bishops requiring a Discharge for the Prisoners because their Imprisonment was illegal the Persons committing having no Authority to commit being said to be Lords of the Council and not in Council and the Fact for which they were committed being a bare Misdemeanour the Bishops as Peers of the Realm ought to be served with the usual Process of Subpoena and not to be committed to Prison and therefore the Bishops not being now regularly in Court they ought to be charged with no Informatian by the express Statute of Edward the 3d. The which Objections caused a long and learned Debate on both sides till at length the Judges over-ruled it only Mr Justice Powell refused to determine without consulting Precedents Then the Information against the Bishops was read the Substance whereof was That whereas the King put out his Declaration for Liberty of Conscience on the 4th of April in the 3d Year of his Reign in which is contained c. Here that Declaration was inserted and on the 27th of April in the 4th Year of his Reign did publish his other Declaration entitled c. Here that Declaration also was inserted which last Declaration he on the 30th of April following caused to be printed and for the more solemn Notification of his favour therein did on the 4th of May following order the same to be read in all Churches c. Here that order of Counsel was inserted After the making of which Order viz. on the 18th of May following at Westminster in Middlesex the seven Bishops being here named did consult and conspire among themselves to diminish the Regal Authority and Royal Prerogative Power and Government of the King in the Premisses and to infringe and elude the said Older and in Prosecution and Execution of the Conspiracy aforesaid they the said Bishops here again naming them with Force and Arms c. there and then falsly unlawfully maliciously seditiously and scandalously did frame compose and write c. a certain false feigned malicious pernicious and seditious Libel in Writing concerning the King his Declaration and Order aforesaid under pretence of a Petition then and there subscribed by them and in the presence of the King did publish wherein is contained Here the Bishops Petition was inserted Whereupon the Attorney General pray'd the Advice of the Court and due Process of Law to be made out against the aforesaid Bishops c. to answer to our Lord the King in and concerning the Premisses Then the Bishops Counsel moved for an Imparlance till the next Term and very learnedly and largely debated with the Kings Counsel concerning the course of the Court as to that Particular but were over-ruled in it Then the Arch-bishop in behalf of himself and his Brethren the other Defendants tender'd their Plea in writing which was read and its Receipt debated but because it was writ upon Paper and not upon Parchment and contained no more than what had been already debated and over-ruled the Court rejected it and put them therefore upon it to plead presently to the Information which they all did Not Guilty and this day fortnight appointed for their Trial at this Bar the Court taking the Bishops own Recognizance of the Arch-bishop in 200 l. and the rest in 100 l. apiece then and there to appear after which the Court arose ON Friday the 29th day of June being the Feast of St. Peter and St. Paul the Bishops then and there made their Appearance Sr. Robert Wright Ld. Ch. Justice Judges Mr. Justice Holloway Judges Mr. Justice Powel Judges Mr. Justice Allybone Judges These Peers being present viz. Ld. Marq. of Hallifax Ld. Marq. of Worcester Earl of Shrewsbury Earl of Kent Earl of Bedford Earl of Pembrook Earl of Dorset Earl of Bullingbrook Earl of Manchester Earl of Rivers Earl of Stamford Earl of Carnarvon Earl of Chesterfield Earl of Scarsdale Earl of Clarendon Earl of Danby Earl of Sussex Earl of Radnor Earl of Nottingham Earl of Abington Ld. Visc Fauconberge Ld. Newport Ld. Grey of Ruthyn Ld. Paget Ld. Chandoys Ld. Vaughan Carbery Ld. Lumley Ld. Carteret Ld. Ossulston 'T is possible more of the Peers might be present both days whose Names by reason of the Croud could not be taken The Bishops Names being called over the Jury was sworn whose Names follow viz. Sir Roger Langley Bar. Sir William Hill Kt. Roger Jennings Esq Thomas Harriot Esq Jeoffery Nightingale Esq William Withers Esq William Avery Esq Thomas Austin Esq Nicholas Grice Esq Michael Arnold Esq Thomas Done Esq Richard Shoreditch Esq To whom the Information against the Bishops was read And then Mr. Wright opened the charge to which Mr. Attorney General spoke shewing that the Bishops were prosecuted not as Bishops or for any point of Religion but as Subjects and for a Temporal Crime And that also they were prosecuted not for omitting any thing but for doing something even censuring of his Majesty and Government The Heinousness of which Crime he opened and laid down the Method they would proceed in to prove it And according to the Method observ'd in the Information that every thing might
Word again That they offered him their Petition to read but he did not think it fit for him to do it and therefore he refused and would not read it but that he went immediately to the King and acquainted his Majesty with it and he commanded him to let them know they might come when they would which he immediately did they said they would go and speak with some of their Brethren that were not far off in the mean time he gave order that they should be admitted when they came and they did in a little time return and went first into the Bed-Chamber and then into the Room where the King was And all this was before they appeared at the Council This was no Evidence Mr. Pollexfen said against the Archbishop because he was not there and nothing had been proved against him as done in Middlesex and for the other 6 Lords the Lord President did not say that this is the Petition that they said they had to deliver to the King Nor did he see them deliver any thing but that is still lest doubtful so that it stands upon Presumption and not upon Proof However the Kings Counsel desired to leave it fairly to the Jury upon this Fact and then therefore the Bishops Counsel desired to be heard in their Defence And First Sir Robert Sawyer in a long and learned Speech told the Jury that the Charge against the Bishops was That they did conspire to diminish the Royal Authority and to this end make a Libel against the King but that the Evidence fell far short of this which only proved that the Bishops in as private and humble a manner as they could presented the Paper to the King which was a Petition to be relieved against an Order of Council which they conceived they were aggrieved by and herein was no Sedition either in the matter or manner of delivering it That it was not to be question'd but that any Subject commanded by the King to do an unlawful Thing or what was against his Conscience might humbly tell the King why he could not obey him And that whereas Mr Attorn Gen. had at first said that the Bishops were not sued as Bishops nor prosecuted for their Religion he could not conceive what they were sued for else the Information being against them for an Act they did as Bishops and no otherwise it being what was their Duty and properly within their Sphere and Jurisdiction That whether therefore they consider'd the Matter of this Petition or Manner of delivering it or the Persons that deliver'd it there can appear no Reason for such an Information against them In the Matter of the Petition he consider'd two Things First the Prayer wherein he shewed there could be nothing of Falsity nor any thing contrary to Law for which reason he said possibly it was left out of the Information as being thought no part of a Libel and so made a deform'd story of it without Head or Tail a Petition directed to no Body and for nothing it being without both Title and Prayer Secondly he considered the Reasons of the Bishops for not complying expressed in it The first whereof is the Declarations of Parliament against the Dispensing Power and the next because it is a Matter of so great Moment and Consequence to the whole Nation that they could not make themselves so far Parties in it For if it be of any effect then by it not only the Laws of the Reformation but of all Religion are suspended and what a mischief that would be to the Church which is under the Care of my Lords the Bishops any one might easily apprehend While Sir Robert was speaking to these things the Ld. Ch. Justice said aside that he must not suffer this They intended to dispute the King's Power in suspending Laws Mr. Justice Powel reply'd to him that they could not avoid that Point because if the King had no such Power which was his Judgment then this Petition could not be Libellous The Lord Chief Justice told him he knew he was full of that Doctrine and because the Bishops should have no occasion to say that he denied to hear their Counsel he would let them talk on till they were weary Then for the Manner of delivering the Petition Sir Robert Sawyer proceeded to shew that from their Evidence it appeared to be in the most private and humble manner Leave being first asked and then given Then for the Persons he shewed that they did no more than what was their Duty and belonged to them the Act of 1 Eliz. cap. 2. making them special Guardians of the Law of Uniformity and of that other Law in his late Majesties Reign where all the Clauses of 1 Eliz. are revived Now in that Statute of 1 Eliz. there is this Clause And for the due Execution hereof the Queen 's most Excellent Majesty the Lords Spiritual and Temporal and all the Commons in this present Parliament assembled do in God's Name earnestly require and charge all the Archbishops and Bishops and other Ordinaries that they do endeavour themselves to the utmost of their Knowledges that the due and true execution hereof may be had throughout their Diocesses and Charges as they will answer before God for such Evils and Plagues wherewith Almighty God may justly punish his People for neglecting this good and wholsome Law By this he shewed that it was plain that the Bishops upon pain of bringing upon themselves the Imprecation of this Act of Parliament were obliged to see it executed and then when any thing comes under their Knowledg especially if they are to be Actors in it that has such a tendency to destroy the very Foundations of the Church as the Suspending of Laws has it concerns them that have no other Remedy to address the King by Petition about it and 't is the Duty of an Officer or Magistrate to tell the King what is Law and what is not he instancing in Cavendish's Case and another in the time of the Lord Hobbart Next to him Mr. Finch spoke briefly recapitulating the King's Evidence and then shewing that this Petition as well for the Matter of it as Manner of delivering it and the Persons by whom it was delivered was no Libel Particularly that the King 's Regal Authority and Royal Prerogative was no way diminished thereby for that the Declaration was founded upon a Dispensing Power which the King could not have Because a Power to abrogate Laws is as much a part of the Legislature which is only in the King and his two Houses of Parliament as to make Laws and a Power to suspend is equal to a Power of abrogating Laws because they are no longer in being as Laws while they are suspended That this was never attempted but in the last King's time which was took notice of and declared against in Parliament in the Years 1662 and 1672 the effect of which was that His Majesty cancell'd the Declaration and declared that it
that is Libellous you shall not examin the Fact but the Consequence And therefore if the King hath a Power to make Orders in matters Ecclesiastical and do so if any bring that Power into Question that is Sedition and the Legality or Illegality of the Order ought not to be examined Whence he doubted not but they had here a good Case for the King and that the Jury would give them a Verdict Then Mr. Justice Holloway asking him What the Bishops could have done in this Case if they might not Petition he answered That they should have acquiesced till the meeting of the Parliament At which some People in the Court hissed Adding that it was one thing for a Man to submit to his Prince where he cannot obey him and another thing to affront him this being Libelling with a Witness To which the Ld. Ch. Justice said That he was of Opinion that the Bishops might Petition the King though out of Parliament but not in such a Reflective manner because that would make the Government very Precarious But Mr. Justice Powel told Mr. Sol. Gen. it would have been too late to stay for a Parliament and if the Bishops had disobeyed without Petitioning it would have looked like a piece of Sullenness and they would have been blamed for it as much on the other side Mr. Serj. Baldock then spoke also for the King insisting on the Disobedience of the Bishops to the King who is their Supreme Ordinary they being not commanded to read it themselves but only to distribute them to be read and their giving Reasons for their Disobedience in a Libellous Petition charging the King with an illegal Act reflecting upon his Prudence Justice and Honour in laying his Commands upon them which being done by Bishops and having an Universal influence upon all the People he left it to his Lordship and Jury whether they ought not to answer for it Then Sir Barth Shore the Recorder spoke on the same Side saying He thought the Information proved for that no Answer had been made to it The Answer made being but Argumentative and taken either from the Persons of the Defendants as Peers who could have no right to Petition libellously or from the Form of it's being a Petition which could no more excuse them if it were scandellous than any other The Author of Julian the Apostate having as much right to publish his Book as the Bishops had to deliver this Libel to the King For which comparison he was checked by Mr. Justice Powel who told him it was the Birth-right of the Subject to Petition And that it was as lawful for the City of London to Petition for the Sitting of a Parliament as it was for the Bishops to give Reasons for their Disobedience to the King's Command And if their Petition was reckoned Libellous in saying that what the King had done in Dissolving the Parliament was an Obstruction of Justice what other Construction can be made of the Bishops saying that the King's Declaration is illegal And if they were so severely punished as to lose their Charter for what they did the Bishops ought to have the like Condemnation Then Mr. Serj. Trinder spoke in defence of the King 's Dispensing Power alledging Sir Edward Hales Case which the Ld. Ch. Justice told him was beside the Matter Then he condemned the questioning of the Bishops Counsel of the King's Power by referring themselves to the Declarations in Parliament as if the King's Authority was under the Suffrages of a Parliament that yet no such Declaration was produced they being mistaken and therefore it is in the nature of false News which is a Crime for which the Law will punish them Then the Ld. Ch. Justice summ'd up the Evidence and in conclusion gave his own Opinion that the Bishops Petition was a Libel Then Mr. Justice Powel gave his Reasons why he thought it no Libel and that the King had no Dispensing Power Next Mr. Justice Allybone endeavoured to make out and declared his Opinion that it was a Libel He refused to speak to the Prerogatives of the King as the Ld. Ch. Justice had done before him Then Wine was sent for for the Jury And upon request they were allowed to have along with them a Copy of the Information the Original Petition and the Declarations under the Great Seal But the Journals were not allowed them Mr. Sollicitor saying they were no Evidence Then the Court arose and the Jury went together to consider of their Verdict and staid together all Night without Fire or Candle On Saturday June 30. 1688. about Ten of the Clock in the Morning the Bishops came again into the Court and immediately after the Jury were brought to the Bar. And their Appearance being taken they delivered in their Verdict Not Guilty At which there were several great Shouts in the Court and throughout the Hall Mr. Sol. Gen. taking notice of some Persons in the Court that shouted moved very earnestly that they might be committed Whereupon a Gentleman of Grays-Inn was laid hold on but was soon after discharged And after the shouting was over the Ld. Ch. Justice reproved the Gentleman saying he was as glad as he could be that the Bishops were acquitted but his manner of rejoicing here in Court was indecent he might rejoice in his Chamber or elsewhere and not here Then asking Mr. Attorny if he had any thing more to say to the Bishops He said No. Then the Court arose and the Bishops went away FINIS APPENDIX To the Kings most Excellent Majesty the humble Petition of Algernon Sidney Esq Sheweth THAT Your Petitioner after a long and close Imprisonment was on the 7th Day of this Month brought with a Guard of Souldiers into the Palace-Yard upon an Habeas Corpus directed to the Lieutenant of the Tower before any Indictment had been exhibited against him But while he was there detained a Bill was exhibited and found whereupon he was immediately carried to the King's-Bench and there Arraigned In this surprise he desired a Copy of the Indictment and leave to make his Exceptions or to put in a Special Plea and Counsel to frame it but all was denied him He then offer'd a Special Plea ready ingrossed which was also rejected without reading and being threatned That if he did not plead Guilty or Not Guilty Judgment of High-Treason should be entred he was forced contrary to Law as he supposes to come to a General Issue in pleading Not Guilty Novemb. 21. He was brought to his Trial and the Indictment being so perplexed and confused as neither He nor any of his Friends that heard it could fully comprehend the Scope of it He was wholly unprovided of all the Helps that the Law allows to every Man for his Defence Whereupon he did again desire a Copy and produced an Authentick Copy of the Statute of the 46 Edw. 3. whereby it is Enacted That every Man shall have a Copy of any Record that touches him in any