Selected quad for the lemma: justice_n

Word A Word B Word C Word D Occurrence Frequency Band MI MI Band Prominent
justice_n chief_a lord_n plea_n 5,523 5 9.8646 5 true
View all documents for the selected quad

Text snippets containing the quad

ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A33880 The history of the damnable popish plot, in its various branches and progress published for the satisfaction of the present and future ages / by the authors of The weekly pacquet of advice from Rome. Care, Henry, 1646-1688.; Robinson, 17th cent. 1680 (1680) Wing C522; ESTC R10752 197,441 406

There are 13 snippets containing the selected quad. | View lemmatised text

Mr. Bedloe had from time to time communicated this Intrigue and from them took his measures of proceeding in it inform'd the House of Commons that they had something of moment lately come to their knowledg wherein they desired the Assistance of the House hereupon it was immediately Ordered That all Persons who were not Members should be put out of the Speakers Chamber and that no Person should be suffered to go out of the House and that the Keys be brought in and laid upon the Table which being done and the business discovered and debated it was Ordered That Mr. Speaker immediately issue out his Warrant against Nathaniel Reading Esquire who being then walking in the Lobby for he had much Practice in Soliciting Causes in Parliament and commonly attended there was taken into Custody and the Secret Committee Ordered to take his Examination which being dispatch'd and Reported the House on the 8th of April made the following Address to the King for bringing him to his Tryal May it please your Majesty WEE your Majesties most Dutiful and Loyal Subjects the Commons in Parliament Assembled having according to our Duty made equiry into the Damnable and Hellish Plot against your Majesties Sacred Person and Government and for the Extirpation of the Protestant Religion have upon examination discovered that Nathaniel Reading Esq hath Industriously and against the Duty of a Loyal Subject held frequent Correspondencies with several Lords and other Persons that stand Committed for High-Treason and also used his utmost endeavours to prevent and suppress your Majesties evidence and as much as in him lay to stifle the discovery of the said Plot and thereby to render the same Fallacious and of no reality and by such undue means to prevent the Malefactors from coming to Justice Therefore We your said Commons do most humbly beseech your Majesty that you will be Gratiously pleased to command That a Commission of Oyer and Terminer do immediately Issue forth for the Tryal of the said Nathaniel Reading for the said Offence that he may be brought to publick Justice Accordingly a Commission was granted and on Thursday the 24th of April Mr. Reading was brought to his Tryal before Sir Francis North Lord Cheif Justice of the Common Pleas and most of the other Judges except the Lord Cheif Justice of the Kings-Bench who was in the Country and several other Persons of Quality in the Commission named at the Kings-Bench-Bar at Westminster When the Jury came to be Sworn Mr. Reading desired the Liberty of a Peremptory Challenge which the Court could not allow he standing Indicted only for a Misdemeanour not Treason then he replied with a great deal of Submission and Eloquence seeming to urge that the nature of the Crime as it was laid was Treason and thence descended to crave the Opinion of the Court whether he might not be Indicted again for Treason for the same matter but in this the Court refused to gratifie him only telling him that the laying of it but as a Misdemeanour was a favour and ought so to be by him accounted and so proceeded to Swear the Jury as follows Sir John Cutler Kt. Joshuah Galliard Esq Edw. Wilford Esq Thomas Henslow Esq Thomas Earsby Esq John Serle Esq Thomas Cass Esq Rainsford Waterhouse Esq Matthew Bateman Esq Walter Moyle Esq Richard Pagett Esq John Haynes Esq The Effect of the Evidence 1. Mr. Bedloe set forth how he came acquainted with Mr. Reading whom he employed in some Concerns See Reading's Tryal P. 15. That he never went about to have him stifle the whole Plot but only to make him easie towards some particular People that he Solicited for to which purpose he would tell him it was not for his safety to run at the whole Herd and if he could do a kindness he should be well gratified 2. That the cheif Persons he Solicited for were the Lord Petre the Lord Powis the Lord Stafford and Sir Henry Titchborn in whose name he promised great Rewards both in money and Estate for shortning the Evidence and bringing them off from the charge of High Treason and particularly that he made him easie towards Whitebread and Fenwick when they were first Arraigned which was to be an Assurance that he would accomplish what he promised and an example what kindness might be done wherein the Witness was willing to comply to carry on the Intreigue with the Lords till it might properly be discovered he esteeming that of greater Consequence then two old Priests whom he might charge further another time 3. He did not know but Reading had laid a Trap for him and therefore discovered these Conferences to Prince Rupert the Earl of Essex Mr. Kirkby and others and Mr. Reading being to give him a meeting at his Lodgings on the 26th of March he had planted one Mr. Speke a Gentleman of good Quality behind the hangings and making an hollow place in the Bed laid his man there cover'd over smooth with a Rugg as if it had been new made that they might over-hear what passed and not be descryed There he agreed to bring the Final Answer of the Lords and told him That he had Authority to draw blank Deedes both for Sums and Estates which they would settle on him and that the Lord Stafford was Felling of Timber to sell to raise money for him c. 4. That the Monday following the Witness and the Prisoner drew up a Paper of what the Witness had to charge the aforesaid Lords with which was carried to the Lords and then return'd by Reading in his own hand writing but minc'd so as not to signifie any thing material against them This paper Mr. Reading own'd and it was read in Court 5. Mr. Speke sets forth the Conference between Mr. Bedloe and Mr. Reading which he over-heard and that Mr. Ibidem P. 28. Reading said The Lord Stafford would settle an Estate in Glocestershire on Mr. Bedloe and Sign and Seal a Deed thereof within ten days after he should be discharged and several other discourses plainly proving the matter of the Indictment too long here to be recited And the same was sworn by Henry Wiggins Mr. Bedloes man 6. Mr. Bedloe swore positively That Mr. Reading had given him several Sums of money amounting in all to 56l or upwards and all to dispose him to this matter To all this Mr. Reading had very little to say in his own defence that was pertinent or material but only endeavoured with a multitude of fine words to cloud the matter and asperse the Evidence yet in the process of his discourse he did in effect own the whole matter of Fact he stood charged with but would have had it beleiv'd that Mr. Bedloe first proposed it to him and that all that he did was not in the least to shorten lessen or stifle any thing of Truth which Mr. Bedloe had to say but only to prevent him from the guilt of Perjury and Innocent Blood c. All which being sufficiently
of Winchester Henry Lord Marquess of Worcester Henry Earl of Arlington Lord Chamberlain of the Houshold James Earl of Salisbury John Earl of Bridgewater Robert Earl of Sunderland one of his Majesties principal Secretaries of State lately made in the room of Sir Joseph Williamson Arthur Earl of Essex first Lord Commissioner of the Treasury John Earl of Bath Groom of the Stole Thomas Lord Viscount Faulconberg George Lord Viscount Hallifax Henry Lord Bishop of London John Lord Roberts Denzil Lord Holles William Lord Russel William Lord Cavendish Henry Coventry Esq one of his Majesties principle Secretaries of State Sir Francis North Kt. Lord Cheif Justice of the common-Common-Pleas Sir Henry Capel Kt. of the Bath first Commissioner of the Admiralty Sir John Earnley Kt. Chancellor of the Exchequer Sir Thomas Chicheley Kt. Master of the Ordnance Sir William Temple Baronet Edward Seymour Esq Henry Powle Esq The 30th of April His Majesty made a Speech to both Houses of Parliament wherein he recommended three things to them The prosecution of the Plot The disbanding of the Army and the providing a Fleet which was followed by a larger signification of his Majesties mind by the Lord Chancellor That His Majesty had considered with himself That 't is not enough that his Peoples Religion and Liberty be secure during his own Reign but thinks he ows it to his People to do all that in him lies that these Blessings may be transmitted to Posterity And to the end that it may never be in the power of any Papist if the Crown descend upon him to make any change in Church or State his Majesty would consent to limit such Successor in these points 1. That no such Popish Successor shall present to Ecclesiastical Benefices 2. That during the Reign of such Popish Successor no Privy Councellors or Judges Lord Leiutenant or Deputy Leiutenant or Officer of the Navy shall be put in or removed but by Authority of Parliament 3. That as it is already provided That no Papist can sit in either House of Parliament so there shall never want a Parliament when the King shall happen to die but that the Parliament then in Being may continue Indissoluble for a competent time or the last Parliament Re-assemble c. But it seems all these Provisions were not thought a sufficient Fence for such dear and precious things as Religion and Liberty and that in the progress of their Debates upon this most important Subject they could not resolve upon any certain Expedient of safety less than the Exclusion of his Royal Higness For on Sunday April the 27th 1679. It was Resolved by the House of Commons Nemine Contradicente That the Duke of York being a Papist and the hopes of his coming such to the Crown hath given the greatest Encouragement and Countenance to the present Conspiracies and Designs of the Papists against the King and Protestant Religion And on Sunday May the 11th the better Day the better Deed we use to say but whether it will hold here will be the Question they Ordered That a Bill should be brought in to disable the Duke of York to Inherit the Imperial Crown of this Realm which was brought in accordingly and twice read in the House the preamble thereof being to this effect That forasmuch as these Kingdoms of England and Ireland by the wonderful Providence of God many Years since have been delivered from the Slavery and Superstition of Popery which had despoiled the King of his Sovereign Power for that it did and doth advance the Pope of Rome to a Power over Sovereign Princes and makes him Monarch of the Universe and doth with-draw the Subjects from their Allegiance by pretended Absolutions from all former Daths and Obligations to their lawful Sovereign and by many Superstitions and Immoralities hath quite subverted the Ends of the Christian Religion But notwithstanding That Popery hath been long since Condemned by the Laws and Statutes of this Realm for the detestable Doctrine and Traiterous Attempts of its Adherents against the Lives of their lawful Sovereigns Kings and Queens of these Realms Yet the Emissaries Priests and Agents for the Pope of Rome resorting into this Kingdom of England in great numbers contrary to the known Laws thereof have for several Years last past as well by their own Devilish Acts and Policies as by Counsel and Assistance of Foreign Princes and Prelates known Enemies to these Nations contrived and carried on a most Horrid and Execrable Conspiracy To destroy and Murther the Person of his Sacred Majesty and to Subvert the ancient Government of these Realms and to Extirpate the Protestant Religion and Massacre the true Professors thereof And for the better effecting their wicked Designs and encouraging their Uilainous Accomplices they have Traterously Seduced James Duke of York Presumptive Heir of these Crowns to the Communion of the Church of Rome and have induced him to Enter into several Negotiations with the Pope his Cardinals and Nuntio's for promoting the Romish Church and Interest and by his means and procurement have advanced the Power and Greatness of the French King to the manifest hazard of these Kingdoms That by the descent of these Crowns upon a Papist and by Foreign Alliances and Assistance they may be able to succeed in their Wicked and Uillainons Designs And forasmuch as the Parliaments of England according to the Laws and Statutes thereof have heretofore for great and weighty Reasons of State and for the publick Good and common Interest at this Kingdom directed and limited the Succession of the Crown in other manner than of Course it would otherwise have gone but never had such important and urgent Reasons as at this Time press and require their using of their said Extraordinary Power in that behalf Be it therefore Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and the Commons in this Parliament Assembled and by the Authority of the same And it is hereby Enacted accordingly That James Duke of York Albany and Ulster having departed openly from the Church of England and having publickly professed and owned the Popish Religion which hath notoriously given Birth and Life to the most Damnable and Hellish Plot by the most gracious Providence of God lately brought to light shall be Excluded and is hereby Excluded and Disabled c. On the 19th of May the House of Commons attended his Majesty with this following Address Most Dread Sovereign WEE your Majesties most Dutiful and Loyal Subjects the Commons in Parliament Assembled do with all humble gratitude acknowledge the most gratious assurances your Majesty hath been pleased to give us of your constant Care to do every thing that may preserve the Protestant Religion of your firm resolution to defend the same to the utmost and your Royal endeavours that the security of that blessing may be transmitted to posterity And we do humbly represent to your Majesty That being deeply sensible that the
to avoid the Soldiers taking any notice had invited them into his House with Drink and Tobacco Thus sometimes Girald and Prance and sometimes Kelly and Green carried him up towards So-ho Fields hard by the Grecians Church and there Hill attended with an Horse and they set the body up before him and clapt the Sedan into an House that was Building there but unfinish'd till they came back and then Girald the Priest said I wish we had an hundred such Rogues as secure as we have this Then Prance because he was a House-keeper returned home and the other four went away with him one leading the Horse Hill riding and holding the Body and the other two walking by They carried him into an obscure place about two miles out of Town towards Hampstead near a place call'd Prim-rose Hill and there in a Ditch they left his Body Girald having run Sir Edmonds own Sword through him and left it in but the Scabbard and his Gloves they laid on the Bank at a small distance In the mean time Sir Edmund-burys Servants first and then his Friends and at last the whole Town were not a little concern'd for his abscence and there was once a Proclamation ordered to discover him but Countermanded by reason of false Information given by some Papists that he was living and well and there were several persons that went up and down to Coffee Houses to spread false Reports that he was gone into the Country to be Married to such a Lady whom they took upon them to name that they saw him at such or such a place c. That Saturday the 12th of October the very Evening that Sir Edmund-bury Godfrey was so Murthered did Father Harcourt the Jesuit lately Executed send away a Letter to Father Ewers a Priest at the Lord Astons in Stafford-shire wherein were these words This night is Sir Edmund-bury Godfrey dispatcht This Letter was received there on the Munday and shown to Mr. Dugdale as he hath since made See the Tryal of Whitebread c. p. 26. Oath at several Tryals which is further confirmed by Mr. Chetwin a worthy Gentleman who being then in that Countrey heard a report of it there by means of that Letter on the Tuesday which was before ever there was any discovery of it at London For here was no tidings to be heard what was become of Sir Edmundbury Godfrey till on the Thursday following being the 17th of Octob. and then two men passing over the Fi●●ls by chance spied the Gloves and Scabbard and as they came back going to the place discovered the Body in the Ditch The 20th of Octob. the King Issued his Proclamation Commanding all his Officers and Subjects to use their utmost diligence to find out and discover the Murtherers of the said Sir Edmund-bury Graciously promising 500 l. Reward to any that should make such discovery and if any one of the Murtherers should discover the rest he should not only be pardon'd but likewise have the said Reward But this Royal offer could not prevail with any of them to come in for the present but they seem'd more hardned in their wickedness by its success for about a Fortnight afterwards there was by them a Narrative of See Pran Narrative p. 18. this Heroick fact drawn up in Writing which Vernatti read in a Triumphing manner at a meeting they had at the Queens-Head at Bow and said that the same was drawn up to be shew'd to the Lord Bellasis and some other great persons that were the original Designers and Promoters of the business for their satisfaction and possibly it may since be sent to Rome and there finds as great approbation and causes as great Joy as the News of the Murther of King Henry the Third of France did upon which Pope Sixtus the Fifth made a Panegyrical Oration calling it the Work of God and preferring the Vertue Courage and Zeal of the Fryar that did it before that of Eleazer in the Macchabees or of Judith killing of Holofernes The 21th of Octob. the Parliament met to whom his Majesty in his Speech took notice of the Plot in these words I now intend to acquaint you as I shall always do with any thing that concerns me that I have been informed of a design against my Person by the Jesuits of which I shall forbear any Opinion lest I may seem to say too much or too little but I will leave the matter to the Law and in the mean time will take as much care as I can to prevent all manner of practices by that sort of men and others too who have been tampering in a high degree with Foreigners and contriving how to Introduce Popery amongst us October the 24th 1678. Mr. Oates was Examined in the House of Commons six or seven hours and about Nine a Clock at Night the House sent for the Lord Chief Justice Scroggs and he took Mr. Oates's Examination upon Oath and in the House ‑ Sealed 26 Warrants against several Lords and others that Mr. Oates had Sworn against whereupon the five Lords viz. The Lord Powis the Lord Stafford the Lord Arundel of Wardour the Lord Petre and the Lord Bellasis and Sir Henry Tichburn Baronet were taken into Custody and shortly after Committed to the Tower and about the 30th of Novemb. the Lords were Impeached of High Treason The same day James Corker was Committed to Newgate by Sir Charles Harbord and Sir Thomas Stringer for a suspected Priest who afterwards appeared to be one charged with the Plot And the 26th Matthew Medburn formerly a Player was likewise sent thither by the Lord Chief Justice Scroggs for High Treason who died in Custody the 19th of March following The 30th of October the Parliament having by an Address desired that Papists might be Banish'd the Town his Majesty set forth a Proclamation declaring that there was a Bloody Traiterous design of Popish Recusants against his Majesties Sacred Person and Government and the Protestant Religion commanding them all except settled House-keepers that would take the Oath of Allegiance and Supremacy which the Justices should be Impowered by Special Commission to Administer to depart the Cities of London and Westminster and all places within 10 Miles distance of the same In pursuance of this Proclamation many Papists pretending they could not in Conscience take the said Oaths did go out of Town with great Lamentation leaving their Trades and Dwellings But within a Week or two their Ghostly Fathers had fitted them with Dispensations as appears by the sequel and then they generally return'd again and freely without any Keckings of Conscience offered to swallow the said Oaths or indeed any other Test that could be tendred them Octob. the 31th Upon the further perusal of Mr. Colemans Papers and the Examination of Mr. Oates taken upon Oath it was Resolved by the House of Commons Nemine Contradicente That there has been and is a Damnable and Hellish Plot contrived and carried on by the Popish
in Italy but coming home and his other Brother being unhappily Kill'd by an Accident he staid at home as an Assistant to his Father in the Shop who had a great Trade being much Entrusted with the Cash of the Roman Catholick Nobility and Gentry who upon this notice taken of the Plot calling in their money on a sudden and he as 't is said not being able readily to make up his Accounts to his Father and finding their Trade hereby like to be ruined grew so far disturb'd that on the 14th of Novemb. in the Forenoon being in the Company of one Fromante a Foreigner at a Cooks Shop in Kings-Street by Long-Acre discoursing together about the Plot c. in French the said Fromante said that the King of England was a great Tormenter of the People of God meaning the Papists To which the said Staley Answered The King of England the King of England repeating the words twice as in a great fury is a grand Heretick and the greatest Rogue Bouger the word was in French in the world There 's the heart striking his hand on his Breast and here 's the hand that will Kill him my self And then he said further The King and Parliament think all is over but the Rogues are deceived or mistaken When he spoke these words he was in a Room with the door open and just over against him in another Room on the same Floor were three Scotch Gentlemen of whom two understood French who not only plainly heard but as plainly saw him speak them and being mightily concern'd to hear such desperate expressions when he was going enquired who he was having never seen him before and set one to watch him to his Fathers where next day they apprehended him And because there were a sort of men that endeavoured to cry down the Discovery as f●ictitious alleadging that although Roman Catholicks in England might endeavour to promote their Religion yet it was nothing probable that they should have any design against the Kings Person Therefore it was thought fit to bring this Man to Tryal first before any of the others in Custody thereby to convince those people that there was such a design seeing the Prisoner even since the discovery of this Devilish Plot and after so many had been Imprisoned for it did persist in a Treasonable mind and a Traiterous attempt against the Kings Person a clear Evidence of which was his speaking such words Accordingly for the same on the 20th of Novemb. he was Arraigned at the Kings-Bench Bar and the 21th brought to his Tryal where a Jury was Impannell'd and the Prisoner not making any Challenge they were Sworn being all Persons of good quality viz. Sir Philip Matthews Sir Reginald Foster Sir John Kirke Sir John Cutler Sir Richard Blake John Bifield Esq Simon Middleton Esq Thomas Cross Esq Henry Johnson Esq Charles Vmfrevile Esq Tho. Eaglesfield Esq William Bohee Esq The Witnesses William Corstairs and Alexander Sutherland did both positively Swear the words before-cited for they both understood French very well having been Officers abroad and just then returned into England And the third Witness though he did not understand French Swore he heard the Prisoner speak something with great earnestness and that Capt. Corstairs at that instant told him it was in English That he would Kill the King and was so fill'd with Indignation that he said he would not endure to hear him use such Language and therefore would have drawn his Sword and run upon him presently but that Mr. Sutherland prevented him They also proved that they writ down the words in French as they were spoken and now sworn to before they came out of the said Cooks The Prisoner own'd that he was at that time with Fromante at that Cooks but denied that he spoke the words and said they only spoke of the French King and that the words Sworn by the Witness in French must signifie I will Kill my self rather than I will Kill him my self But as to this the Court observ'd First that the Witnesses Swore directly that it was the King of England he spoke of and nam'd him twice nor did he sure count the French King an Heretick And as for the Second that evasion could not be allow'd for what sense would it be to say the King of England is a great Heretick and the greatest Villain in the World and therefore here 's the hand and here 's the heart I will Kill my self The Prisoner had little more to say for himself besides general Protestations of his Loyal Intentions And therefore the Lord Chief Justice having repeated the proof to the Jury they without going from the Bar brought him in Guilty of Treason and Sentence was pronounced on him to be Drawn Hang'd and Quartered On Tuesday the 26. of Novemb. he was Executed behaving himself in his passage to Tyburn in a very sober penitent manner His Quarters upon the humble Petition of his Relations to his Majesty were delivered to See an account of digging up his Quarters Publish'd by Order of the Lord Chief Justice Scrogs them privately to be Buried and not to be set upon the Gates of the City But to the great Indignity and Affront of such his Majesties mercy and favour the Friends of the said Staley caused several Masses to be said over his said Quarters and used other Ceremonies according to the manner of the Church of Rome and Solemnly appointed a time for his Interment from his Fathers House in Covent-Garden at which time there was made a Pompuous Funeral many People following the Corps to the Church of St. Paul Covent-Garden where he was Buried which his Majesty hearing of was justly displeased and Commanded the Coroner of Westminster to take up the Body of the said Staley and deliver it to the Sheriff of Middlesex to be set upon the Gates Accordingly it was taken up and brought back to Newgate and then the Quarters exposed on the Gates of the City and the Head on London Bridge as the Limbs of Traitors usually are November the 27th his Majesty emitted a Proclamation for the further discovery of the late horrid design against his Person and Government whereby he declared That if any person before the 25th of Decemb. then next should make any further Discovery to one of his Majesties Principal Secretaries of State he or they should not only have and receive 200 l. immediately paid but also his gracious Pardon if a Principal or any way concern●d in the Treason CHAP. X. The substance of the Proceedings against Mr. Coleman and manner of his Execution with a kind of Popish Prayer made to him afterwards as a Saint MR. Staley being thus Executed Mr. Edward Coleman two days after was brought to his Tryal He was the Son of a Reverend worthy Minister in Suffolk brought up in the Protestant Religion and an Academick Education but whether by reason of any Disgust taken for missing a Preferment for which he stood Candidate at
the University as some report or whether drawn in upon his Marriage as others alleage or to gratifie a Rich Vncle of that Persuasion as a third sort relate it on which or whether on some other occasion different from all these he revolted is not much material but revolt he did to the Roman Church and became a mighty Bigot to advance the same and gain Proselytes He was a Person of rare natural and acquired parts and so well conceited of himself that he once undertook to be one that should manage a Conference concerning Religion against the Learned Doctor Stillingfleet and another Divine of the Church of England which discourse is extant in Print But his Talent lay more in News and Policy than Divinity being for some time Secretary to her Royal Highness the Dutchess of York he was a Leading-man in this Horrid Conspiracy and a prime Promoter thereof by his great Correspondency abroad both at Rome and in the French Court. Concerning the manner of his Commitment an Account is given before Chapt. the 8th On Saturday the 23 of November he was Arraigned at the Kings-Bench Bar the Indictment being very Expressive and Significant we shall for Example sake See Colemans Tryal p. 2. recite part of it viz. That as a false Traitor against our most Illustrious Serene and most excellent Prince Charles by the Grace of God c. his natural Lord having not the fear of God in his heart nor duely weighing his Allegiance but being moved and seduced by the Instigation of the Devil his cordial Love and true Duty and natural Obedience which true and lawful Subjects of our said Lord the King ought to bear towards him and by Law ought to have altogether with-drawing and devising and with all his strength intending the Peace and common Tranquillity of this Kingdom of England to disturb and the true Worship of God within the Kingdom of England practised and by Law Established to overthrow and Sedition and Rebellion within this Realm of England to move stir up and procure and the cordial Love and true Duty and Allegiance which true and lawful Subjects of our Soveraign Lord the King towards their Soveraign bear and by Law ought to have altogether to withdraw forsake and extinguish and our said Soveraign Lord the King to Death and final Destruction to bring and put The 29th of Septemb. in the 27th year of the Reign of our said Soveraign Lord Charles the Second c. at the Parish of St. Margarets Westminster Falsly Maliciously and Traiterously proposed compassed imagined and intended to stir up and raise Sedition and Rebellion within the Kingdom of England and to procure and cause a miserable Destruction amongst the Subjects of our said Lord the King and wholly to Deprive Depose Deject and Disinherit our said Soveraign of his Royal State Title Power and Rule of his Kingdom of England and to bring and put our said Soveraign Lord the King to final Death and Destruction and to overthrow and change the Government and alter the sincere and true Religion of God in this Kingdom by Law establish'd and wholly to subvert and destroy the State of the Kingdom and to Levy War against our said Soveraign Lord the King within his Realm of England And that to accomplish these his Traiterous designs and imaginations on the 29th of Septemb. in the 27th year of the King he Traiterously composed two Letters to one Monsieur Le Chese then Servant and Confessor of Lewis the French King to desire procure and obtain for the said Edw. Coleman and other false Traitors the Aid Assistance and Adherence of the said French King to alter the true Religion in this Kingdom Establish'd to the Superstition of the Church of Rome and Subvert the Government of this Kingdom of England c. Reciting his receiving an Answer from Le Chese his Correspondence with Monsieur Rovigni Envoy Extraordinary from the French King and Letters to Sir William Throckmorton in France Concluding in usual form That all this was done against his true Allegiance and against the Peace of the King his Crown and Dignity To this Indictment he pleaded Not Guilty and on Wednesday the 27th of Novemb. 1678. was brought to his Tryal To the Jury Empannel'd he made no Challenges Their Names were Sir Reginald Foster Baronet Sir Charles Lee. Edward Wilford Esq John Bathurst Esq Joshua Galliard Esq John Bifield Esq Simon Middleton Esq Henry Johnson Esq Charles Vmfrevile Esq Thomas Johnson Esq Thomas Eaglesfield Esq William Bohee Esq His Tryal as it held very long so it was managed with all Integrity and Moderation by the Court The Charge against him was made out two ways partly by Witnesses Vivâ voce and partly by Letters and Papers found at his House which he could not deny to be his own hand writing Dr. Oates was the first Witness produced to whom the Lord Chief Justice gave this grave Caution That he See Colemans Tryal p. 17. should speak nothing but the truth not to add the least tittle that was false for any advantage whatsoever mind him of the Sacredness of the Oath he had taken declaring that since the Prisoners Blood and Life was at stake he should stand or fall be justified or Condemned by truth The substance of Mr. Oates's Evidence was 1. That in Novemb. 1677. being brought acquainted with Mr. Coleman by one John Keins then Dr. Oates's Confessor who Lodged at Colemans House he carried some Letters for him to St. Omers in which were Treasonable Expressions of the King calling him Tyrant and a Letter in Latine enclosed to Monsieur Le Chese to whom Dr. Oates carried it from St. Omers to Paris in which there were thanks returned for the Ten thousand pounds by him remitted into England for the Propagation of the Catholick Religion and promising that it should be Imployed for no other purpose but that for which it was sent which was to cut off the King of England as appear'd by the Letter of Le Chese to which this was an Answer and which Dr. Oates saw and read 2. That Coleman was concern'd in the design of taking away the Sacred Life of the King for that when at the Jesuits Consult at the pag. 2. Whitehorse-Tavern in the Strand in April Old Stile and May New Stile and afterwards adjourned into several Companies It was resolv'd that Pickering and Grove should Assassinate his Majesty by Shooting or other means for which the latter should have 1500 l. and the former Thirty thousand Masses which at 12 d. a Mass amounted much what to the same sum This resolve was in his hearing Communicated to Mr. Coleman at Wild-House who did approve thereof and said it was well contriv'd 3. That in August 78. Mr. Coleman was present at a Consult with the Jesuits and Benedictine Monks in the Savoy for raising a pag. 23. Rebellion in Ireland and was very forward to have Dr. Fogarthy sent thither to dispatch the Duke of Ormond by
that is by the aid and power of the French King whom next to God who might as well have been left out and the Duke they rely on and expect the greatest help they can hope for from and this to be obtained by the Interest of Le Chese his Confessor inspiring him with the glory and piety of the business There were also read divers other Letters written by the Prisoner and one especially of Aug. 21. 1674. to the Popes Internuncio at Brussels where in so many words he owns his design to be the utter Ruin of the Protestant party in general But these were never thought fit to pass the Press and indeed the others which are published are sufficient alone to satisfie any rational man nay I durst almost say a Papist himself not only that Coleman was Guilty of the Treason in the Indictment for endeavouring to Subvert the Government and Establish'd Religion of England but also to convince him of the truth of the Plot in general and that what Dr. Oates testifies is real for had he seigned or guess'd at things how was it possible that he should tell the Council before hand that if Mr. Colemans Papers were search'd there would be found that in them which would cost him his Neck as Sir Robert Southwell positively Swears he did p. 36. of the Tryal And indeed it was digitus dei a most signal Providence that these few Papers were left behind to be produced If we consider what grounds and opportunities Mr. Coleman had to abscond all his Papers as t is plain he did the most of them none of his Letters of this Subject since 1675 being to be found For being a man of that Interest and Intelligence as he was and being expresly Charged by Name in Dr. Oates's Informations which were delivered to the King and transmitted to the Treasurers perusal and had lain in his hands almost 50 days before this seizure of Colemans Papers as aforesaid and since it appears Bedingfield his R. H s. Confessor had notice of the Discovery of the Plot almost as soon as ever it was made to his Majesty We cannot after all this reasonably imagine Mr. Coleman could so long be Ignorant of it at least he must needs have some Inkling of the business on the Saturday-night when almost all the Town knew of it which was time enough for him to have remov'd all as well as some of his dangerous Papers had not Providence Infatuated him that his own Hand-writing and which he could not nor did deny to be so might be brought in Evidence against him and undeniably justifie both his Treasons and the Witnesses Integrity The defence he made for himself consisted in these Particulars 1. That Dr. Oates who now pretended such Acquaintance with him declared before the King and Council That he never saw him before or did not know him To this the Dr. Answered That it being by Candle-light and his sight weak and Coleman altered in Habit and Wig he did indeed at first say That he would not Swear that was the Man or that he had ever seen him before but as soon as he heard him speak he knew him well and could then have Sworn it had he been demanded 2. That had the things Dr. Oates now alledged been true he would have Charged the same before the Council But then he charged him only with a Letter which he thought was his hand and such slender matters that the Council was ready to let him go at large and therefore all the rest must be Invented since To this the Dr. replied That he was then so weak and weary that he cannot tell particularly all he then said and possibly in that condition might forget something besides his design then was to lay no more to his Charge than might serve for Information for Prisoners may supplant Evidence when they know it and when he saw Mr. Coleman was secured he had no need to give a further Account for he never apprehended the Council inclined to let him go at large if he had he should certainly have charged him home And so in truth it appears he did as weak as he was for in full Answer to this Objection Sir Robert Southwell Swears that Dr. Oates did then pag. 38. declare that Coleman paid Wakeman 5000 l. of money which he was to have for Poisoning the King 3. Whereas Dr. Oates charg'd him with consenting to Wakemans Poisoning the King and that it was consulted by him in August and as he remembred about the 21th day Mr. Coleman alleadged that he was then in Warwickshire and one of his Men and he was all August there as he thought but was not sure of it and after Conviction he talkt of a Book that would shew he was out of Town from the 15th to the 31. of August But as this was no Evidence in it self and offered too late so it did not contradict Dr. Oates for he was not positive to the day but only to the moneth and it might as well be before the 15th day And this was all he had to object against Dr. Oates's Testimony Against Mr. Bedloe he had nothing to say but that he never saw him in his life To which Mr. Bedloe replied Yes you saw me in the Stone-Gallery in Somerset-House pag. 40. when you came from a Consult where were great Persons whom I am not to name here that would make the very bottom of your Plot tremble then you saw me Then as to his Papers he would excuse himself by alleadging there was no Treason in them though very extravagant Expressions and that his design thereby was so far from Killing the King that it was only to make the King and Duke as great as could be But to Answer to this It was observed that it is apparent he was Guilty of Contriving and Conspiring the Destruction of the Protestant Religion and how could this be done without the Death of the King He that will Subvert the Protestant Religion and would bring in Popery that is a Forraign Authority does an act in Derogation of the Crown and in Diminution of the Kings Title and Soveraign Power and endeavours to bring a Forraign Dominion both over our Consciences and Estates which in it self is no less than Treason Lastly He pleaded the Act of General Pardon but in vain because his Papers were written since the last Act of that kind pass'd Then the Jury going together after some time returned and brought him in Guilty The next day he was again brought to the Bar and there received Sentence the Lord chief Justice advising him to Confess the whole Truth and not to be deluded with the sond hopes of having his Sentence respited to which purpose amongst others he used this Expression Trust not to it Mr. Coleman you may be flattered to stop pag. 99. your mouth till they have stopt your breath and I doubt you will find that to be the event However he did not think
off so great a Scandal from their Party 2. They would seem not to know Mr. Oates or to have had scarce any acquaintance with him In answer to this he Swears to several Circumstances which they were forc'd to acknowledge As that Grove in December pag. 31. last lent him 8 s. to hire a Coach to Dover being then to go for St. Omers that Fenwick was his Confessor that the said Grove drank twice in his Company at the Red posts in Wild-Street and once more by a good token when he owned that he Fired Southwark assisted by three Irish men and that they had a Thousand pounds given them for it whereof he had 400 l. and the other 200 l. a piece And here as a Digression not altogether impertinent I cannot but inform the Reader that when Dr. Oates gave in his Informations to Sir Edmund-bury Godfrey when he read them and came to this passage concerning Grove Firing of Southwark being Article the 49th The said Sir Edmund-bury having it seems some knowledge of the said Grove said That he had been informed that the said Grove wrought so hard at the said Southwark-Fire and so over-heated himself that it was thought it would have cost him his life or words to that effect which hard working the said Sir Edmund-bury did before judge to have been in helping to quench the said Fire but as appears was indeed in promoting and carrying on the same which Circumstance unknown before to Dr. Oates doth exactly correspond with and confirm his Testimony in that point 3. Ireland endeavoured to oppose Mr. Bedloes Evidence who Swore that he was at the Consult at Harcourts Chamber in August Now he brings two or three to prove that he was not in London all the moneth of August and two of them but they are his Mother and his Sister say he went out of Town the 3d. of August and returned not till a Fortnight before Michaelmas And a Coach-man speaks of being with him from the 5th of August to the 16th and afterwards at Westehester But against these Peoples sayings whereof two were so related there was not only Mr. Bedloes positive Oath but likewise Dr. Oates's though he knew nothing of the particular Consult at Harcourts Chamber mentioned by Mr Bedloe yet he Swears directly that Mr. Ireland was in London the beginning of Septemb. by a remarkable Token that on the first or second of that moneth he had 20 s. of him And furthermore Sarah Pain formerly Grove's Servant and pag. 57. who knew Ireland very well of which knowledge she gives the reason because he came often to Grove's House and was the man that still broke open the Pacquets of Letters that her Master Grove carried about afterwards and Sealed all the Pacquets that went beyond the Seas and she Swears positively and by most certain Circumstances that she saw Mr. Ireland at a Scriveners door in Fetter-Lane where he Lodg'd about the 12th or 13th of August so that here were three clear Testimonies upon Oath to disprove this Allegation of Irelands which yet he insisted on at his Death with Solemn Protestations Whereas since it has pleased God further to manifest the falsi●y thereof by Mr. Jennison a Kinsman of his and then a Catholick as in due place shall be set forth whence we may take our measures what Credit is to be given to the dying Asseverations of such men 4. Mr. Ireland objected that Dr. Oates was all the moneth of May at Saint Omers when he Swears he was here at the Consult and to prove that he was so there then offered to bring a Certificate from St. Omers under the Seal of the Colledge for it seems the Youths either were not then come over or had not sufficiently Conn'd their Lesson But to this it was Answered that such a Certificate was not by the Law of England any Evidence in any case whatsoever much less to be allowed to them in this case for what Certificate could they not get from the Colledge at St. Omers if it might serve their purposes Lastly They essai'd to blast Dr. Oates's Credit with an Imputation of Perjury because they alleadged that there was once an Indictment against him for that Crime but upon Examination this appeared to be extreamly frivolous For 1. The pretended Perjury was only thus That Mr. Oates Swearing the Peace against a certain man did at the taking of his Oath say that there were some Witnesses that would evidence such a point of Fact which when they were produced would not testifie so much Now suppose this were true though it were never proved yet how could this be corrupt or wilful Perjury 2. There was no Record produced only a pretended Copy 3. It appeared if every any such Indictment was Exhibited it could not be made good for there was never any Conviction or Prosecution there-upon and if barely to Accuse would make a man Guilty who could be Innocent 4. Sir Denny Ashburnham who was called by the Prisoners to Discredit Dr. Oates was able to say nothing against him but this That he had known Mr. Oates in his Youth and that then he 〈◊〉 〈◊〉 Person of that Credit as to be depended on for what he should say and that had the discovery of the Plot come only from his Testimony he might have had same little daubt of it These are his very words p. 66. But then the very same Gentleman declares That as it is Corroborated with other Circumstances it hath saith he ibidem convinced me so that I am satisfied in the truth of the thing and I do think truly that nothing can be said against Mr. Oates to take off his Credibility This being all they had to offer in their own defence the full substance whereof we have impartially repeated with the Answers thereunto The Lord Chief Justice proceeded to sum up the Evidence and in his Speech to the Jury amongst many others had these excellent Expressions speaking of the Popish Priests and their Religion If they had not Murther'd Kings p. 73 74. saith he I would not say they would have done Ours But when it hath been their practice so to do when they have Debauch d mens Vnderstandings Over-turn'd all Morals and Destroy'd all Divinity What shall I say of them When their Humility is such that they tread upon the necks of Emperors their Charity such as to kill Princes and their Vow of Poverty such as to Covet Kingdoms What shall I judge of them When they have Licences to Lye and Indulgences for Falshoods nay when they can make him a Saint that dies in one and then pray to him as the Carpenter first makes an Image and after Worships it and can then think to bring in that Wooden Religion of theirs amongst us in this Nation What shall I think of them What shall I say to them What shall I do with them They Eat their God they Kill their King and Saint the Murderer they Indulge all sorts of Sins
strangers nor any persons of Quality to come into Somerset-house on the 12th 13th and 14th days of October that is the day Sir Edmund was Murthered and the two days following and particularly that Prince Rupert did come in that time and he did refuse him and sent him back again Now as to the defences they offered for themselves 1. They all denied the Fact very stoutly but that is of no value against plain Evidence and doe but aggravate their Crime 2. Hill would have invalidated Mr. Prance's Testimony because he had once denied it and said They were innocent But that the Court vindicated for the Reasons before reci●ed that it could no ways legally take off his Evidence for he was no ways perju●'d but rather excusable under the Circumstances aforesaid 3. The said Hill to evade the Charge brings several Witnesses all of his own Religion to aver he was never from his Lodgings after Nine a Clock at Night but these did it so mineingly and generally that no stress could be laid upon them it being proved that they had several Keys to the door and that Hill might go in and out without their knowledg and one of his Witnesses makes a palpable mistake of an whole Month P. 55. and two of Greens Witnesses a whole Week P. 66. So ill had they calculated the time which they were brought to speak to 4. On the behalf of Berry The Soldiers who were placed at the Gate Sentin●l say They saw a Sedan come in so far they agree with the King's Evidence but then they confidently aver That they saw none go out all night But what was this to the matter of Fact and to the Murther committed sworn in all Circumstances so punctually The Sentinel might be from his Post and Mr. Prance who best knew the contrivance tells us that Berry had inveigled the Sentinel in to drink and so he might not see the Sedan go out and then the Sentinel knowing he had committed a dangerous fault by so doing might be so wise though not very honest to conceal it and say there was no Sedan went out This was all the defence they could make which in every part appeared so weak that as well the Jury as all other impartial Auditors were fully satisfied to bring them in guilty of the Murther On Tuesday the 11th of February they were brought again to the Bar in order to receive their Sentence which after a grave speech was pronounced by Mr. Justice Wild to whom it apperrained as being second Judg in the Court. In pursuance of which Sentence Robert Green and Lawrence Hill were Executed at Tybu●ne on the 21th of February and Henrry Berry on the 28th of the said Month. They all three did at their deaths deny the Crime and used that Expression That they were as Innocent as the Child new born But we may justly fear they were under an horrid delusion and so charm'd and bound up by so many Oaths and Sacraments by their Gostly Fathers the Jesuits and Preists that they durst not acknowledg the Truth but on the contrary thought by concealing and denying the same they should do great Service to the Romish Church by keeping it from scandal and be Sainted for it in Heaven That there was some such Artifice used to seal up their Lips is plain by this notable Circumstance When Hill and Green were hang'd and dead Captain Richardson Keeper of Newgate and many others present saw the Executioner amongst other things take a Paper out of Hill's Pocket purporting to be the form of speech that he should use to the People at the Gallows which being very remarkably Penn'd I shall here insert the same verbatim as follows I now come to the Fatal Place where I must end my Life and I hope with that Courage that may become my Innocence I must now appear before the great Judge who knows all things and judges rightly and I hope it will be happy for me a Sinner that I am thus wrongfully put to death I call God Angels and Men to Witness that I am wholy ignorant of the Manner Cause or Time of the Death of Justice Godfrey although on that account by the malice of wicked men brought to this shameful Death which I hope will give me a speedy passage to Eternal Life In this hope I die chearfully because of my Innocence and the benefit of the precious Wounds of my Blessed Saviour by whose Merits I hope for Salvation I die a Roman Catholick desiring all such to Pray for me And I beseech God in his Justice to discover this Horrid Murther with the Contrivers thereof that my Innocence may appear And though from my heart I forgive my Accusers yet I Cite all such as have had a hand in this Bloody Contrivance before the gre● Tribunal of Gods Justice to answer for the wrong they have done the Innocent and particularly the Lord Cheif Justice and the Brothers of Sir Edmundbury Godfrey with Jury Witnesses and all their Partakers Oh Lord bless and preserve his Majesty and be merciful to this poor Nation and lay not Innocent Blood to its Charge So I bid you all Farewel in Jesus Christ into whose hands I commit my Spirit This Paper is no small Evidence of the ill Arts used by the Jesui●s and Popish Preists to make their People persist in denial of their Crimes at their Death and keep up the Credit of their Church though with never so certain an hazard of their own Souls For 't is certain these were not Hill's own words but prepared by some other for See the Animadversions Printed thereon P. 2. him to say and what need was there of so much skill in a matter where only Truth and not Art was necessary For if Hill knew himself guiltless he could have told the people so which would have been more Credible out of his mouth from his heart then out of this Paper from his memory But they were afraid he would either confess the whole matter or that the power of Truth would over-bear his Tongue in some Circumstance or at least that he would not deny it so resolutely and in such a taking manner as might fix a suspicion and odium upon the Witnesses Judg and Jury in the minds of the people which was the great thing they aimed at and therefore some Preist drew up this form of what he should say that every word might be according to their mind how remote soever it was from his Thoughts or the Truth Nor is it any wonder that they should teach their Proselytes to make Speeches just as they do Prayers Opere Operate ● without any understanding or attention or consent of the mind to the words they use For that the words were fram'd by another for him to Con by heart is most evident for that he never had Pen Ink nor Paper all the while he was in Newgate and his Wise Testified that it was not of his hand writing nor did she ever see it
disproved by the Evidence and most improbable in it self the Jury going together soon returned and brought Mr. Reading in guilty of the Misdemeanour whereof he stood Indicted And then the Lord Cheif Justice North after a grave Speech respecting the heinousness of the Crime and the Quality of the Person as being of the long Robe whose knowledg should keep them from so foolish and their Integrity from so wicked an Attempt Pronounced the Judgment of the Court viz. That be be Fined 1000 l. Imprisoned for one Year and stand one hour in the Pillory in the Pallace-Yard in Westminster on Monday then next between the hours of Eleven and Twelve Accordingly he did at the same time publickly stand in the Pillory and the People generally appear'd so Enraged against his Crimes that if an extraordinary Guard had not been provided to secure him 't is thought some Fatal Mischeif might have been done to his Person by the Fury of the incensed Rabble CHAP. XVI The Cursed Design of Morrice Gifford a Popish Priest and others of the Conspirators to Fire the Cities and Suburbs of London and Westminster happily discovered with other Subsequent Transactions as the Model and Names of the New Council c. WE have told you before in the Seventh Chapter That one part of this Damnable Popish Plot consisted in Firing and Mr. Bedloe in a particular Narrative sold by Mr. Boulter and other Booksellers in Cornhil hath acquainted the World how far he was concern'd therein as a Member of their Committee appointed for carrying on that Villany how he was engaged by the Benedictine Monks at Paris in the Year 1676. to that purpose and afterwards joined with one Father Gifford and others to Fire Westminster Limehouse and other places and he there names several particular Streets and the very Houses where he hired Cellars and laid in Wood Coals and other combustible Matter to effect this Business as on the backside of the Palsegraves-Head Tavern without Temple-Bar Brewers Yard in the Strand a Cellar at Mr. Withers's at the Plough in Seething-Lane another in White-Friars others in Red-Cross-Street White-Cross-Street Bishopsgate-Street Queen-hive c. And in his Epistle he names Twelve several distinct ways they have to cause and promote Fires one of which is by Bribing Servants to fire the Houses of their Masters Of this kind we had about this time a notorious Instance and wherein the very same Father Gifford was concern'd For the discovery of the Plot hitherto had only enrag'd not daunted the Conspirators and therefore they still resolv'd to go on with their Work and amongst others they had drawn in one Elizabeth Oxley a Servant Maid to one Mr. Bird an eminent Attorney in Fetter-Lane who having dwelt there about 6 weeks took the opportunity on the 10th of April 1679. when all the Family was in Bed to fire a large Press in her Master ' s Closet wherein were kept Papers and Writings and when she thought it was not to be Quencht wak'd her Master and Mistress with out-cries that the House was on Fire and ran down to let in the Watch who had took notice of it and by the great Mercy of God and ready help the Fire was put out and the House preserv'd though the Gentleman suffered considerable damage by it Now as there was no probability how this Fire should come by any Accident so it was observ'd that this Elizabeth had pack't up her Cloaths and several other Circumstances of suspicion whereupon she was taxt with it and at last confessed it declaring on her Examination That about Michaelmas 1678. she became acquainted with one Nicholas Stubbs a Papist formerly Butler to a Popish Lady who had used mnay persuasions to turn her to his Religion and after her shewing a liking to it and that he supposed she had embraced that persuasion in his discourse to her at several times told her That she should set all the Protestants destroy'd that were in England before the Eighth and Twentieth of June next and that all that would turn to the Roman Catholick Religion should live far better than now they did that as for Hereticks it were a Meritorius Act to kill them And that all such as were Papists should have marks upon their Hats whereby to distinguish them from Protestants that they might not be destroy'd amongst them That the Duke of York was the bravest Prince living and was gone out of the Kingdom lest the Heretiks should cut off his head and he would not return till they were destroy'd that not one of the Lords in the Tower would Suffer for they would come off well enough being to be Tryed by the Lords c. She likewise did avouch That she telling the said Stubbs that she was hired to live with Mr. Bird aforesaid and naming to him the place he used persuasions to her at several times to set Fire on her said Master ' s House telling her That if she would do it he would give her 5 l and gave her once half-a-Crown in earnest of such Reward and said That he would have other Houses in Holborn Fired at the same time by others That on the Sunday before this Fire happen'd she was with the said Stubbs and did then promise that she would certainly fire her Master ' s House on Thursday or Friday Night following and that accordingly she did on Thursday Night take a Candle and set fire to her Master ' s papers in his Study which were in a kind of Press and then being on a light Fire she shut the door and went up stairs into her own Chamber at the top of the House where she packt up her own things and undress'd her self lest her Master should suspect her and there stay'd till a great Knocking was at the door and the Watchmen crying out Fire whereupon she went and let them in but she declared That she did not do this out of any Spleen or Malice towards her Master nor with any attempt to Rob him but meerly to carry on the Design which Stubbs had proposed to her out of hopes of the Reward he had promis'd Hereupon a Warrant was issued forth to apprehend Nicholas Stubbs who was shortly after taken and though at first he out-brazen'd the Truth with the usual Popish Impudence yet when he came to be confronted with the Wench who offered so many Circumstances to convince him he could no longer stand it out but did confess and own That he had used such discourses to the said Elizabeth as she had set forth in her Examination and that he did persuade her to fire her Master ' s House and was to give her 5 Guinnies for doing it besides half-a-Crown in hand He did likewise declare upon Oath That Father Gifford his Confessor had put him upon this Business and told him it was no Sin to fire all the Houses of Hereticks and Huguenots That Derby Molrayne aliàs Flower a Barber in Jermanstreet and one Roger Clinton that lodged at the
says The King the House of Lords and the House of Commons have each particular Privileges And among those which belong to the King he reckons Power of Pardoning After the enumerateing of which and other his Prerogatives His said Majesty adds thus Again That the Prince may not make use of this high and perpetual Power to the hurt of those for whose good he hath it and make use of the name of publick necessity for the gain of his private Favourites and Followers to the detriment of his People The House of Commons an excellent Conserver of Liberty c. is solely intrusted with the first Propositions concerning the Levies of Money and the Impeaching of those who for their own ends though countenanced by any surreptitiously-gotten Command of the King have violated that Law which he is bound when he knows it to protect and to the protection of which they were bound to advise him at least not to serve him in the contrary And the Lords being Trusted with a Judicatory Power are an excellent Screen and Bank between the Prince and People to assist each against any encroachments of the other and by just Judgments to preserve that Law which ought to be the Rule of every one of the three c. Therefore the Power legally placed in both Houses is more then sufficient to prevent and restrain the power of Tyranny c. IV. Until the Commons of England have Right done them against this Plea of Pardon they may justly apprehend that the whole Justice of the Kingdom in the Case of the Five Lords may be obstructed and defeated by Pardons of like nature V. An Impeachment is virtually the Voice of every particular Subject of this Kingdom crying out against an Oppression by which every Member of that Body is equally wounded And it will prove a Matter of ill Consequence that the universality of the People should have occasion ministred and continued to them to be apprehensive of utmost danger from the Crown from whence they of right expect Protection VI. The Commons Exhibited Articles of Impeachment against the said Earl before any against the Five other Lords and demanded Judgment upon those Articles Whereupon your Lordships having appointed the Tryal of the said Earl before that of the other Five Lords now your Lordships having since inverted that Order gives a great cause of doubt to the House of Commons and raises a Jealousie in the Hearts of all the Commons of England that if they should proceed to the Tryal of the said Five Lords in the first place not only Justice will be obstructed in the Case of those Lords but that they shall never have right done them in the matter of this Plea of Pardon which is of so fatal Consequence to the whole Kingdom and a new device to frustrate publick Justice in Parliament Which Reasons and Matters being duly weighed by your Lordships the Commons doubt not but your Lordships will receive satisfaction concerning their Propositions and Proceedings And will agree That the Commons ought not nor can without deserting their Trust depart from their former Vote communicated to your Lordships That the Lords Spiritual ought not to have any Vote in any Proceedings against the Lords in the Tower and when that Matter shall be settled and the Methods of Proceedings adjusted the Commons shall then be ready to proceed upon the Tryal of the Earl of Danby against whom they have already demanded Judgment and afterwards to the Tryal of the other Five Lords in the Tower May 27th 1679. The Narrative and Reasons delivered at the Conference Yesterday with the House of Commons were again read and after a long Debate the Vote of this House dated the 13th of May instant and the explanation thereupon dated the 14th instant were read and the Question was put Whether to insist upon these Votes concerning the Lords Spiritual and it was resolved in the Affirmative But there were present These Dissenters Buckingham Huntington Kent Shaftsbury PR Bedford Winchester Rochester North and Grey Suffolke J. Lovelace Townsend Herbert Gray Stamford Newport Say and Seal L. Wharton Leicester Scarsdale Stafford Derby Delamer Howard Paget Clare Salisbury Falconberg Windsor CHAP. XVIII The Proceedings against Whitebread and the other Four Jesuits ON Friday the 13th of June 1679 was the grand Tryal of Five notorious Jesuits viz. Thomas White aliàs Whitebread Provincial or cheif of the Jesuits in England a comely antient man of a very grave deportment both at his Tryal and Execution William Harcourt pretended Rector of London who 't is thought after the first discovery of the Plot had been beyond the Seas and had the confidence to return hither again where being apprehended in his Lodging near long Acre he was by the Lords and Commons Committed to Newgate on the 8th of May last John Fenwick Procurator of the Jesuits in England John Gavan aliàs Gawen and Anthony Turner Committed first to the Gate-house and thence brought to Newgate There was at the same time Arraigned one James Corker a Benedictine Monk but he pretending he had not his Witnesses ready was put off and happy it was for him who since was acquitted with Wakeman whereas if he had then been tryed 't is most probable it would have prov'd as Fatal to him as the rest Whitebread and Fenwick pleaded that they were tryed before for the same Fact but the Court answer'd That though they were indeed once Arraign'd yet the Jury was discharg'd of them and they not then in any Jeopardy of their Lives and therefore must plead to this Indictment Then the Prisoner made a general Challenge That none should be of their Jury that were of any of the former Juries concerning the Plot Those now sworn were Thomas Harriot William Gulston Allen Garraway Richard Cheney John Roberts Thomas Cash Rainsford Waterhouse Matthew Bateman John Kaine Richard White Richard Bull. Thomas Cox The Proofs were long and consisting in divers particulars As 1. Dr. Oats Swears That the Consult of the 24th of April was by the Order of Whitebread the Prisoner at the See the Tryal of Whitebread c. P. 12. Bar as Provincial and that then the said Whitebread and Fenwick and Harcourt and Turner did all in his presence Sign the Resolve for the King's death 2. That Whitebread after his return back again to St. Omers did say That he hoped to see the King's Head laid fast enough only he had not the manners to give him the Title of King but shew'd his spight by calling his Majesty opprobriously These are those that speak evil of Dignities 3. That in July Ashby alias Timbleby brought over Instructions from Whitebread P. 13. to offer Sir George Wakeman 10000 l. to poyson the King and also a Commission to Sir John Gage to be an Officer in the Army which they design'd to raise which the Witness himself delivered to him the said Sir John 4. That Turner was at the Consult and at Fenwick's Chamber he saw him
and particularly that whereas Mr. Bedloe carried a Letter from the English Monks to le Chese at Paris wherein they acquainted him that all things were in readiness within a year or two to put the design in practice and subvert the oppression and Tyranny which the Catholicks were under in England c. when he brought back an Answer thereunto Mr. Marshal carried a Copy of it to Sir Francis Ratcliffe 1. As for the Defence made by these two Marshal with a long starcht Oration would undertake to perswade the people there was no Plot and that Whitebread and the rest dyed Innocent and all because they did not confess it at their death 2. Corker denyed his being at Lamspring but that was nothing to the purpose for Mr. Oates swore onely that he said he would go thither and that it was usual with them to give out they go to one place and go clear another way and the Letter he mentioned was not dated from any place 3. He alleadged that he was not President of the Benedictines so that Mr. Oates was mistaken therein and consequently his consent not necessary to the Consult for raising the 6000 l. To prove this though p. 65. he saith he could bring no body yet at last a good while after he called three women that all said that not he but one Mr. Stapleton was President of the Benedictines But as to this it is to be noted That Doctor Oates being taken very ill was gone out of the Court and did not hear this Objection and though he was called for by Mr. Recorder yet when he came by I know not whose negligence he was not acquainted with it nor Examined about it who otherwise might probably have cleared the point But however 't is not at all impossible that the Prisoners might find three Women in this Town kind enough to tell so small a Lye for them which considering they were under such Circumstances might by their Votaries be counted not onely venial but exceeding meritorious 4. They both urged that when Pickering was taken at the Savoy they were there in Bed and yet Doctor Oates and his Company did not apprehend them but rather said they had nothing to do with them and to prove this they produce a woman that was the Monks House-keeper or Bed-maker Nell Rigby who you might be sure would speak a good word for her Masters But Doctor Oates at that time came purposely for Pickering and 't is possible in the night and hurry and such disguises as they might have might not know them but indeed we may conclude he did not see them for the Prisoners offer no proof of that no not Nelly Rigby her self who onely says she nam'd them all to them when they askt who else was in the house 5. This Nell Rigby starts another Objection against Dr. Oates and says That in the Summer 78 she saw him come a begging to Mr. Pickering for Charity and that Pickering bid her shut the door and never let that man come in again Whence Marshal observes how unlikely it was they should suffer him to be in such want and use him in that manner in the very heat of the Plot when they most employed him and when he could gain such advantages by discovering them if indeed there had been any such Conspiracy as he pretends But as to this we are not obliged to take all that Nell Rigby the Monks Bed-maker to say no worse tells us for an Oracle and prefer it to positive proof upon Oath for undoubtedly this begging story was a meer flam for if true why was it not offered before why was it not set up at Pickerings Tryal whom it as much concerned or more than these and who could never have been so careless as to omit so material an Evidence if he had known any such thing Besides 't is plain Mrs. Nelly is a common Voucher and says she knows nor cares what if she think it will make for her beloved Masters for she positively avers p. 73. That Mr. Bedloe was with Mr. Oates at the taking of Pickering which was on Michaelmass Eve upon the very first publick notice of the Plot whereas that must needs be a notorious Lie for all the world knows that Bedloe was then wholly amongst the Jesuits and did not come in till many weeks after And had this been well enough observed this scandalous Objection would have left no impressions Lastly Marshal made a great stir about Bedloe's not knowing him but was confuted though not at all ashamed in his Lies by Sir Wil. Waller upon Oath and afterwards with an impudence that none but a Monk could own said That he would be content to be hanged if Mr. Bedloe could prove That he viz. Mr. Bedloe himself was ever in the Savoy in his life And though it hapned Bedloe had none ready by him to prove that for who should dream of such a question being askt yet by a sufficient circumstance he proved not onely that he had been in the Savoy but also that he was well acquainted with their Convent and Affairs there in that he gave Sir Will. Waller directions where to search in the most material places describing them and in particular he desired him to look under such a Bench in P. 45. Irelands Apartment where he should find the Gun that was to kill the King which was there found accordingly all which was confirmed by the said Sir William Waller now present in Court These were all their Objections that seem'd to have any colour of weight or argument in them the rest of their tedious talk being nothing but either railing at the Witnesses certain flashes of Rhetorick and some long set-speeches ad faciendum Populum to amuse the People or else down-right Impertinence as Marshal's trifling that he had Witnesses here to prove that he had Witnesses in the Country but sixty miles off that could say something for him when he had had a months notice to get them ready for this time of tryal As for Rumley Dr. Oates testified that he was privy to the Consult of the Monks wherein the 6000 l. was agreed on and he judg'd did consent to it for he did pray God it might have good success and that the Catholick Cause might once again flourish in England But he being but a single Evidence and Mr. Bedloe not being able to speak any thing material as to that Prisoner he came off on course Thus after a tedious full and most favourable hearing of all that the Prisoners or their Witnesses had to offer the Lord Chief Justice Sir William Scroggs came to sum up the Evidence to the Jury which he performed in a long Speech See the Tryal p. 77. to which we refer the Reader some material heads whereof as his Lordship was then pleas'd to observe them were as follows 1. That as to Rumley there was but one Witness which not being sufficient Evidence according to Law to condemn him therefore
to all other Treasons Crimes and Offences contained mentioned or specified in the said Impeachment the said Lord protesting his Innocency In the great Wisdom and Sentence of this Honourable Court shall always Acquiesce So the Rest Mutatis Mutandis But these Pleas being Judg'd unsatisfactory and illegal they were afterwards forc'd to plead the general Issue And now there were daily expectations of their being brought to Tryal and Scaffolds erected in Westminster-Hall for that purpose but in the mean time the Earl of Danby late Lord Treasurer whom the Commons had likewise Impeach'd for Treason and who had for some time absconded himself did on the 15th of April unexspectedly surrender himself and insisted on his Pardon which the Commons Voted Illegal and thereupon prayed Judgment against him on the Impeachment About this matter and also upon the Question whether the Bishops had a right to sit upon the Lords when they should be brought to Tryal some misunderstandings happened between the two Houses for removing of which and settling a good Correspondence the House of Commons used several Endeavours as by the following Paper may appear THE Reasons and Narrative OF Proceedings BETWIXT THE Two Houses WHICH Were delivered by the House of COMMONS TO THE LORDS At the Conference touching the Lords in the Tower On Munday 26th of May 1679. THE Commons have always desired that a good Correspondence may be preserved between the two Houses There is now depending between your Lordships and the Commons a matter of the greatest weight In the Transactions of which your Lordships seem to apprehend some difficulty in the matters proposed by the Commons To clear this the Commons have desired this Conference and by it they hope to manifest to your Lordships that the Propositions of the House made by their Committee in relation to the Tryal of the Lords in the Tower have been only such as are well warranted by the Laws of the Parliament and Constitutions of the Government and in no sort intrench upon the Judicature of the Peers but are most necessary to be insisted upon that the Antient Rights of Judicature in Parliament may be maintained The Commons readily acknowledg that the Crimes charged upon the Earl of Powis Viscount Stafford Lord Petre Lord Arundel of Warder and Lord Bellasis are of deep Guilt and call for speedy Justice But withall they hold That any change in Judicature in Parliament made without consent in full Parliament to be of pernicious Consequence both to his Majesty and his Subjects and conceive themselves obliged to transmit to their Posterity all the Rights which of this kind they have received from their Ancestors by putting your Lordships in mind of the progress that hath already been between the two Houses in relation to the Propositions made by the Commons and the Reasonableness of the Propositions themselves They doubt not but to make it appear that their aim has been no other than to avoid such Consequences and preserve that Right and that there is no delay of Justice on their part And to that end do offer to your Lordships the ensuing Reasons and Narrative That the Commons in bringing the Earl of Danby to Justice and in discovery of that Execrable and Traiterous Conspiracy of which the Five Popish Lords now stand Impeached and for which some of their wicked Accomplices have already undergone the Sentence of the Law as Traytors and Murtherers have laboured under many great Difficulties is not unknown to your Lordships Nor is it less known to your Lordships That upon the Impeachment of the House of Commons against the Earl of Danby for High Treason and other High Crimes Misdemenours and Offences even the Common Justice of Sequestring him from Parliament and forthwith Committing him to safe Custody was then required by the Commons and denied by the House of Peers though he then Sate in their House Of which your Lordships have been so sensible that at a free Conference the Tenth of April last your Lordships declared That it was the Right of the Commons and well Warranted by Precedents of former Ages That upon an Impeachment of the Commons a Peer so Impeached ought of Right to be Ordered to with-draw and then to be committed And had not that Justice been denied to the Commons great part of this Session of Parliament which hath been spent in framing and adjusting a Bill for causing the Earl of Danby to appear and Answer that Justice from which he was fled had been saved and had been imployed for the Preservation of his Majesties Person and the security of the Nation and in Prosecution of the other Five Lords Neither had he had the Opportunity for procuring for himself that illegal Pardon which bears date the First of March last past and which he hath now pleaded in Bar of his Impeachment Nor of wasting so great a proportion of the Treasure of the Kingdom as he hath done since the Commons exhibited their Articles of Impeachment against him After which time thus lost by reason of the denyal of that Justice which of Right belonged to the Commons upon their Impeachment the said Bill being ready for the Royal Assent the said Earl then rendred himself and by your Lordships Order of the Sixteenth of April last was Committed to the Tower After which he pleads the said Pardon and being prest did at length declare He would relie upon and abide by that Plea which Pardon pleaded being illegal and void and so ought not to Bar or Preclude the Commons from having Justice upon the Impeachment They did thereupon with their Speaker on the Fifth of May instant in the name of themselves and all the Commons of England Demand Judgment against the said Earl upon their Impeachment Not doubting but that your Lordships did intend in all your Proceedings upon the Impeachment to follow the usual Course and Method of Parliament But the Commons were not a little surprized by the Message from your Lordships delivered them on the Seventh of May thereby acquainting them That as well the Lords Spiritual as Temporal had Ordered that the Tenth of May instant should be the day for hearing the Earl of Danby to make good his Plea of Pardon And that on the Thirteenth of May the other Five Lords Impeached should be brought to their Tryal And that your Lordships had Addressed to his Majesty for naming a Lord High Steward as well in the Case of the Earl of Danby as the other Five Lords Upon consideration of this Message the Commons found that the admitting the Lords Spiritual to exercise Jurisdiction in these Cases was an alteration of the Judicature in Parliament and which extended as well to the Proceeding against the other Five Lords as the Earl of Danby And if a Lord High-Steward should be necessary upon Tryal on Impeachments of the Commons the Power of Judicature in Parliament upon Impeachments might be Defeated by suspending or denying a Commission to constitute a Lord High-Steward And that the
said Plea contained which may any way give this Honourable House any occasion of Offence which he hopes will be granted The said Lord as to that part of the Impeachment that contains the matter following Namely That for divers Years last past there hath been contrived and carried on by the Papists a most Traiterous and Execrable Conspiracy and Plot within this Kingdom of England and other places to alter change and subvert the Ancient Government and Laws of this Kingdom and Nation and to suppress the true Religion therein Established and to extirpate and destroy the Professors thereof and that the said Plot and Conspiracy was contrived and carried on in divers places and by several ways and means by a great number of Persons of several Qualities and Degrees who acted therein and intended thereby to execute and accomplish their aforesaid Wicked and Traiterous Designs and Purposes That the said William Lord Petre and other Lords therein named together with several other Persons threin likewise named and mentioned as false Traitors to his Majesty and this Kingdom within the time aforesaid have Traiterously acted and consulted to and for the accomplishing the said Wicked Pernicious and Traiterous Designs and for that end did most wickedly and Traiterously Agree Consult Conspire and Resolve to Imprison Depose and Murther his Sacred Majesty and to deprive him of his Royal Estate Crown and Dignity and by malicious and advised speaking and otherwise declaring such their purposes and intentions as also to Subject this Kingdom and Nation to the Pope and his Tyrannical Government and to seize and share among themselves the Estates and Inheritances of his Majestie 's Protestant Subjects and to erect and restore Abbies Monasteries and other Convents and Societies which have been long since by the Laws of this Kingdom suppressed for their Superstition and Idolatry and to deliver up and restore to them the Lands and Possessions now Vested in his Majesty and his Subjects by the Laws and Statutes of this Realm and also to Found and Erect new Monasteries and Convents and remove and deprive all Protestant Bishops and other Ecclesiastical Persons from their Livings Benefices and Preferments and by this means to destroy his Majesties Person extirpate the Protestant Religion overthrow the Rights Liberties and Properties of all his Majesties good Subjects Subvert the lawful Government of this Kingdom and Subject the same to the Tyranny of the See of Rome And the said Conspirators and their Complices and Confederates Traiterously had and held several Meetings Assemblies and Consultations wherein 't was contrived and designed amongst them what means should be used and the Persons and Instruments which should be imployed to Murther his Majesty and did then and there resolve to effect it by Poisoning Shooting Stabbing or some such like ways or means And to that part of the Impeachment named The better to compass their Traiterous Designs have consulted to raise Money Men Horses Arms and Ammunition The said Lord saving to himself and which he humbly prays may be reserved to him the liberty of Answering over and denying all and singular the said Crimes and Offences charged on him Saith And humbly offereth to this Honourable House that the charge of those Crimes and Offences so imposed on him by the said Impeachment are so general and uncertain that he cannot possibly give any direct Answer thereto or make any just or lawful defence upon his Tryal for that the said Charge had no manner of certainty in point of time it being laid only for many Years now last past which may be for 5 10 20 30 or more Years whereby though the said Lord knoweth himself to be altogether innocent of any such horrid and detestable Crimes as by the said Impeachment are objected against him Yet 't is impossible for him on any Tryal thereof to be prepared with his just and lawful defence by Witnesses to prove himself absent or in any other place at the time of such Meetings or Consultations to or for any of the wicked Designs and Purposes in the said Impeachment mentioned as on his Tryal may be suddenly objected against him when he cannot by any care or foresight whatever have such Witnesses ready as would speak thereunto if they were certainly charged for any Traiterous Design Act or Crime at any time certainly alleadged in the said Impeachment Nor is the said Charge in the said Impeachment more certain as to the place of any such Traiterous Meeting or Consultation laid down in the said Impeachment it being only alledged to be at divers places in this Realm of England and elsewhere which for the Cause aforesaid is so utterly uncertain that it deprives the said Lord of his defence on his Tryal Likewise the uncertainties of the number of Meetings or Consultations to the wicked purposes in the Impeachment and the not shewing how many times the Lords met and consulted and with whom in particular doth likewise deprive him of all possibility of making his defence in producing Witnesses for the said Lord being wholy innocent cannot suppose or imagin what Meeting or Consultation either to raise Money or Men for carrying on of a Traiterous Design or to any other wicked intent or purpose in the said Impeachment mentioned shall or may be objected against him on his Tryal and 't is as impossible for him to bring Witnesses to prove all the Meetings he hath had with others in his life time as 't is for him to foresee on this general Charge what Meetings or Consultations may on his Tryal be objected against him as Traiterous Consultations And whereas 't is in the said Impeachment charged on the said Lord That he hath uttered Treason by malicious and advised speaking and otherwise declaring the same The said Lord saith That never any Traiterous Thoughts entered into his Heart and therefore cannot possibly know what words or writings he ever spoke uttered reveal'd or declared which are now charged on him as Treason their being no words or writings at all specified in the Impeachment whereby the said Lord might know how to prepare his defence against them So as this Honourable Court may or might judg whether the same words or writings are in truth Treasonable or not ALL WHICH incertainties and eminent and apparent Dangers of the said Lord being there-upon surprized in a Cause of this Consequence wherein his Life and Honour more dear to him than his Life and all else that is dear to him in this World are immediately concerned being seriously weighed and considered by your Lordships he humbly prayeth as by his Councel he is advised that your Lordships will not put him to Answer the said Impeachment herein above recited till the same be reduced to such compleat certainty that the said Lord may know how to Answer thereunto and may thereby be enabled to make his just defence accordingly ALL WHICH notwithstanding he humbly submitteth to whatsoever your Lordships in Justice shall order and think fit and as