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-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
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-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-Common-Pleas Sir Robert Atkins Kt. of the Bath another of the Justices of the common-Common-Pleas Sir Edward Thurland Kt. one of the Barons of the Exchequer Vere Bertie Esq another of the Justices of the common-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
endeavours to have over-ruled without so much as hearing the Prisoners Counsel for the maintaining it for that they said it was nought because it produced no Record of his Impeachment and did not specify what the High-Treason was for which he was Impeached and that the King had Power to proceed on an Impeachment or Indictment for the same thing at his Election Nevertheless the Attorny General demurred and the Prisoner joined in the Demurrer And then after much arguing a Day was given to argue the Plea till Saturday May. 7. At which time the Attorny General added to the Exceptions he took to the Plea Whether a Suit in a Superior Court can take away the Jurisdiction of the Cause of the Person and of the Fact at the time of the Fact committed To maintain the Plea Mr. VVilliams of Counsel for the Prisoner in a very long and learned Discourse first spoke stating the Prisoner's Case upon the Indictment the Plea to the Indictment and the Demurrer to the Plea Alledging the Difference of an Impeachment from an Indictment and offering some Reasons why this Court ought not to proceed upon this Indictment Then answering distinctly Mr. Attorney's Exceptions to the Plea producing some Presidents of this Courts Prosecution being stop'd by Pleas to the Jurisdiction shewing what had been done upon those Pleas What Doom they had Laying before the Court the Right of the Commons to Impeach in Parliament the Judicature of the Lords to determine that Impeachment and the Method and Proceedings of Parliament submitting it to them how far they would lay their Hands on this Case thus circumstantiated Here the Ld. Ch. Justice declared That all these Things were quite foreign to the Case and the Matter in Hand only was Whether this Plea as thus pleaded was sufficient to protect the Prisoner from being questioned in this Court for the Treasonable Matter in the Indictment before them To which Mr. VVilliams reply'd That 't was an hard matter for the Bar to answer the Bench. After which Sir Francis Winnington pleaded That he conceived that it was confessed by the Demurrer that there is an Impeachment by the Commons of England of High-Treason against Fitz-Harris lodged in the House of Lords Secundum Legem consuetudinem Parliamenti And that the Treason for which he was impeached is the same Treason contained in the Indictment So that now the general Question was Whether an Impeachment for Treason by the House of Commons and still depending were a sufficient Matter to oust the Court from proceeding upon an Indictment for the same Offence Which he learnedly endeavoured to make good by several Reasons as well as Presidents Mr. Wallop pleaded next on the same side whose Province was to prove That the Treason in the Impeachment and in the Indictment was the same and that this was well averred in the Plea Mr. Pollexfen pleaded That a general Impeachment in Parliament was a good Impeachment and the Judges had declared so to the King and Council concerning the five Popish Lords who could not therefore be tried upon Indictments so long as general Impeachments were depending for the same Treason and that therefore this Plea was good both as to Matter and Form c. In reply to vitiate the Plea it was insisted on by Mr. Attorn Gen. Mr. Sol. Gen. Serj. Jefferies and Sir Francis VVithens of Counsel for the King that the Plea concluded not in the usual Form That perhaps this Matter if the Prisoner had been acquitted upon the Impeachment might have been pleaded in Bar to the Indictment but it was not pleadable to the Jurisdiction of the Court That in the Case of the five Lords the Indictments were removed into the House of Lords and that the Judges Opinion given at the Council-Board was not a Judicial Opinion nor did any way affect this Cause After which the Ld. Ch. Justice thought fit not to give present Judgment but to take time for Deliberation Whereupon the Prisoner was carried back to the Tower And on Tuesday May 10. Mr. Attorney moved the Court to appoint a Day for their Judgment on the Plea and for Fitz-Harris to be brought up which they appointed to be the next Morning Accordingly on Wednesday Morning May 11. the Prisoner being brought to the Bar the Ld. Ch. Justice deliver'd the Opinion of the Court upon Conference had with other Judges That his Brother Jones his Brother Raymond and himself were of Opinion that the Plea was insufficient his Brother Dolben not being resolved but doubting concerning it and therefore awarded the Prisoner should plead to the Indictment which he did Not Guilty and his Trial ordered to be the next Term. The Trial of Edward Fitz-Harris at the King's-Bench Bar at Westminster before the Lord Chief Justice Pemberton on Thursday June 9. 1681. THE Prisoner then and there appearing after several Challenges made for the King the Jury sworn were Thomas Johnson Lucy Knightly Edward Wilford Alexander Hosey Martin James John Viner William Withers William Cleave Thomas Goffe Ralph Farr Samuel Freebody John Lockier To whom the Indictment was read which was for High-Treason in conspiring the Death of the King and subversion of the Government the which Mr. Heath Serj. Maynard and Mr. Attorn Gen. opened And then Mr. Everard deposed How the Prisoner was with him on Monday Feb. 21. 1681. having a little before been with him to renew the Acquaintance which had been between them while they were both in the French King's Service and to perswade him to re-ingratiate himself into the French and Popish Interest and gave him by word of Mouth Heads to write a Pamphlet to scandalize the King raise Rebellion alienate the Hearts of the People and set them together by the Ears Whereupon he acquainted one Mr. Savile of Lincolns-Inn Mr. Crown Mr. Smith and Sir William Waller with it And the next day Mr. Fitz-Harris coming again to his Chamber in Grays-Inn he convey'd Mr. Smith into a Closet Sir William Waller failing to come where he both saw and heard the Prisoner ask him What he had done as to the Libel and give him further Instructions about what to write viz. That the King was Popishly Affected and Arbitrarily Inclined That King Charles the First had an Hand in the Irish Rebellion and King Charles the Second did countenance the same c. That the People should therefore be stirred up to rebel especially the City c. That the Day after he coming again he had convey'd Sir William Waller into the next Room where he also might both hear and see shewing him to Copies of what he had drawn up which he marked that he might know them again and see what alteration would be made That Fitz-Harris did them read one of the Copies and amended it adding some things and striking out other things saying The Libel was to be presented to the French Ambassador's Confessor and he was to present it to the French Ambassador and that it was to beget a
last Mr. Bulstrode was asked by the Prisoner What Message he brought and what proffer he made from the Court to his Wife But to this he would say nothing only that Fitz-Harris's Wife refused to be examin'd unless the King would speak to her alone The Dutchess of Portsmouth would likewise own nothing concerning him but that she had three or four times spoke to the King for him to get his Estate in Ireland and that what Mony he had had from her was only for Charity After this the Prisoner concluded his Defence complaining of his hard Usage professing his enmity to the French Interest and that Everard knew the Design of that Libel was otherwise concluding that the Jury could not find him now Guilty because of his Impeachment in a Superior Court The Sol. General then summ'd up the Evidence and Serj. Jefferies and the Ld. Ch. Justice gave the Charge to the Jury who desired the Opinion the Court since the Prisoner had been impeached whether they were compellable by Law to give a Verdict in this Case upon him To which The Ld. Ch. Justice said That the Vote of the Commons viz. That the Prisoner should not be tried in any other Inferior Court could not alter the Law and that the Judges of this Court had conference with all the other Judges concerning this Matter and it was the Opinion of all the Judges of England that this Court had a Jurisdiction to try this Man After which Justice Jones was of Opinion That if the Prisoner were acquitted on this Indictment it might be pleaded in Bar to the Impeachment Justice Dolben and Justice Raymond declared they were of the same Opinion The Jury withdrew for half an hour and then brought the Prisoner in Guilty And on Wednesday June 15. 1681. the Ld. Ch. Justice sentenc'd him to be Drawn Hang'd and Quartered Which was accordingly executed upon him together with Plunket at Tyburn on Friday July 1. 1681. The Trial of Dr. Oliver Plunket Titular Primate of Ireland before the Lord Chief Justice Scroggs at the King's-Bench Bar at Westminster on Wednesday June 8. 1681. ON May the 3d. 1681. the Prisoner was there Arraign'd upon Indictment of High-Treason for Conspiring the Death of the King and to levy War in Ireland and to alter the Religion there and to introduce a Foreign Power To which he urged that he had been arraigned for the same Treason in Ireland and at the Day of his Trial the Witnesses against him did not appear But the Court shew'd him the invalidity of that Plea because he had never yet undergone any Trial therefore he Pleaded Not Guilty On Wednesday June 8. following he was again brought to the Bar and still urged for more time because he pretended he had not yet got over all his Witnesses and some Records from Ireland But he having already had five Weeks the Court would not hearken and therefore the Jury sworn were Sir John Roberts Thomas Harriott Henry Ashurst Ralph Bucknall Richard Gowre Richard Pagett Thomas Earsby John Hayne Thomas Hodgkins James Partherich Samuel Baker VVilliam Hardy To whom the Indictment being read the same was opened by Mr. Heath Serj. Maynard and Mr. Attorny General And then Florence VVyer being sworn deposed That he knew there was a Plot in Ireland both before Plunkets time and in his time which was working in 1665 and 1666 but was brought to full maturity in 1677 then Col. Rely and Col. Bourne being sent from the French King into Ireland with a Commission to muster as many Men as they could promising to send an Army of 40000 Men to land at Carlingford on St. Lewis-day to destroy all Protestants and set up the French King's Authority And one Edmond Angle a Justice of Peace and Clerk of the Crown sent for all the Rebels abroad in the North to come up into the County of Longford and they marched into the head Town of the County and fired it the Inhabitants fled into the Castle but Angle being shot the Rebels fled and carried with them all the Papers Angle had in his Pocket Hereupon Col. Bourne became suspected and was imprison'd and Col. Rely fled into France and the Plot lay under a Cloud till the Prisoner came to be Primate which he got by the French King's help upon his promising to prepare things in Ireland for his Interest and that about 10 or 11 Years ago in the first Year of his Primacy when the Prisoner came to the Friery at Armagh he being there one Quine told him That they thought Duffy would have been Primate said he 't is better as it is for Duffy hath not the wit to do those things that I have undertaken to do That he had heard the Prisoner own himself to be made Primate by the Pope and that he writ himself Oliverus Armacanus Primat Metropolitanus totius Hiberniae and had made Warrants sub paena suspensionis for his Priests to pay Mony for to supply the French Army and to let him know how many there were in all their Parishes from sixteen to sixty And that he had seen him going from Port to Port and that he pitch'd on Carlingford as most convenient for the French to land at Henry O-Neal deposed That in August 1678 Bishop Tyrril came with 40 odd Horse-Men to Vicar-General Brady's House where he gave them all the Oath of Secrecy to forward the Plot against the Protestants whom he said they would make an end of from end to end in Ireland in one hour and that he should have an Order for it from the Lord Oliver Plunket and that he and Plunket had sent Mony into France to get Men and to bring them into Ireland Neal O-Neal deposed the same he also being at that time at Vicar Bradey's House being August 21. 1678. Owen Murfey only swore That Lieutenant Baker told him That Mr. Edmond Murfey did discover the Plot to him that there was a Design to bring in the French but of his own Knowledg he could say nothing Hugh Duffy deposed That he had seen several of the Prisoner's Orders to raise Mony and had collected some for him being Curate of Cogham and a Fryer and had by his Order returned him also a list of the Age of every Person in his Parish from 16 to 60 and that he accompanied him when he view'd the Port of Carlingford which he thought most convenient for landing the French and had seen his Letter in France to Cardinal Bovillon that he should prevail with that King not to invade Spain but rather wage War with the King of England who had been an Apostate and help their poor Country that was daily tormented with Heretical Jurisdiction That he was present at a great Consult near Clouds where the Prisoner was Chief and gave special Order for a List to be got of all the Officers in the late Rebellion and that lost their Estates because they would be more forward in this Design That he himself was forward
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
Meetings was upon the account of carrying on the Conspiracy and discoursing about the Condition the Conspirators were in As to the intended Insurrection he said If he could but see a Cloud at big as a Man's Hand he would not be wanting to employ his Interest That the Prisoner also had told him that he intended to take an House near the Tower to place Men in in order to surprize it to that end he held correspondence with some Sea-Captains and that he had been with them at Coffee-Houses Mr. Richard Goodenough deposed That being in company with the Prisoner he had heard him approve of the Design and promise to use his Interest in raising Men and not only to be assisting in the Division allotted him but in surprising the City Savoy c. and in driving the Guards out of Town Then the Prisoner called several Witnesses to invalidate Lee's Testimony Sir Robert Adams testified to a false Report of his about beating three Knights Sir Simon Lewis was called to the same purpose but appeared not James Child could say nothing but that Lee was an Honest Man One Baker was also call'd to testify that Lee would have suborned him against the Prisoner to his Prejudice some Years since of which he had made Affidavit before Sir William Turner But Baker not appearing Sir William Turner was desired to give account of it but it being above two Years since he could not remember such Particulars His Clerk Mr. Tomkins remembred such an Affidavit was made in 1682 which mention'd Mr. Lee but to the best of his remembrance it was returned before the King and Council and he could not give any account of the Particulars Mr. Bateman then desiring to know upon what Statute he was Indicted and being assisted by his Son by reason of his Incapacity making little more Defence the Ld. Ch. Justice of the King's-Bench summ'd up the Evidence and other Prisoners were tried and just before the Jury went out the aforesaid Baker being found with much ado it was obtain'd that he should give in his Evidence which was That Lee perswaded him to intrude himself into the Prisoner's Company and some others and to discourse of State-Affairs by which means he would find a way to make him a Man of which he had made Affidavit before Sir William Turner But this the Court interpreted to Lee's Advantage as if he only thereby designed to make a discovery of the Plot and so have got a further Evidence to corroborate his own reflecting on Baker as a broken Fellow c. After which the Jury withdrawing for half an hour brought the Prisoner in Guilty And accordingly he being brought again to the Bar on Friday following Mr. Recorder sentenc'd him to be Drawu Hang'd and Quarter'd which was executed upon him at Tyburn on Friday Decemb. 18th following The Trial of John Hambden Gent. At the Session's-House in the Old-Baily on Wednesday Decemb. 30. 1685. THen and there the Prisoner appearing and the grand Jury for the County of Middlesex call'd over his Indictment was read which was for High-Treason in conspiring the Death of the late King and raising a Rebellion in this Kingdom To which before Mr. Hambden pleaded he intimated his having been tried for the same Fact above two Years ago and withal gave the Lord Chief Justice to understand that he thought he had as much to say in Point of Law for himself as any Prisoner that ever came before him but that he was resolved to pass by all Pleas whatsoever and cast himself wholly upon the King's Mercy The Lord Chief Justice told him his former Indictment was for High-Misdemeanour but this for High-Treason and therefore a different Fact requiring him therefore to plead Then he pleaded Guilty to the Indictment requesting his Lordship's Intercession for him with the King Which was readily enough granted and the Method he was perswaded to take highly approved as answering the Design of giving Life and Credit to the Fanatick Rlot and gratifying the Importunity possibly of some Great Ones However the dismal Sentence of Death was by Mr. Recorder pronounced upon him due to High-Treason yet not without a shew of Tenderness and some encouragement of an Obligation this brave Person had hereby merited with them This getting a Pardon when nothing else must Books lately Printed and Sold by Jonathan Robinson at the Golden Lion in St. Pauls Church-yard relating to the great Revolutions in England and Scotland 1688 1689. ☞ AN Account of the Reasons of the Nobility and Gentry's Invitation of the Prince of Orange into England Being a Memorial from the English Protestants concerning their Grievances with a large account of the Birth of the Prince of Wales presented to their Highnesses the Prince and Princess of Orange A Collection of Political and Historical Papers relating to the wonderful Revolutions in England and Scotland in 12 Parts from the time of the seven Bishops petitioning K. James the 2d to the Coronation of K. Willian and Q. Mary A Brief History of the Succession of the Crown of England c. Collected out of the Records and the most Authentick Historians written for the Satisfaction of the Nation Wonderful Predictions of Nostredamus Grebner David Pareus and Autonius Torquatus wherein the Grandeur of their Present Majesties the Happiness of England and Downfall of France and Rome are plainly Delineated With a large Preface shewing That the Crown of England has not been obscurely foretold to their Majesties William the 3d and Queen Mary late Prince and Princess of Orange and that the People of this Ancient Monarchy have duly contributed thereunto in the present Assembly of Lords and Commons notwithstanding the Objections of Men of different Extremes A Seasonable Discourse wherein is examined what is lawful during the Confusions and Revolutions of Government especially in the Case of a King deserting his Kingdoms and how far a Man may lawfully conform to the Powers and Commands of those who with Various Successes hold Kingdoms Whether it be lawful 1 In Paying Taxes 2 In personal Service 3 In taking of Oaths 4 In giving up himself to a final Allegiance A Seasonable Treatise wherein is proved That King William commonly called the Conqueror did not get the Imperial Crown of England by the Sword but by the Election and Consent of the People To whom he swore to observe the Original Contract between King and People An Answer to a Paper Intituled The Desertion Discussed being a Vindication of the Proceedings of the late Honourable Convention in their Filling up the Throne with King William and Queen Mary An Exact Collection of the Debates of the House of Commons particularly such as relate to the Bill of Exclusion of a Popish Successor c. held at Westminster Octob. 21. 1680 Prorogued the 10th and Dissolved the 18th of January following With the Debates of the House of Commons at Oxford Assembled March. 21. 1680. Also a Just and Modest Vindication of the Proceedings of the said
wherein he says The Design prospered so well that he doubted not but in a little time the Business would be managed to the utter Ruin of the Protestant Party And by other Letters he writes to the French King's Confessor that the Assistance of his most Christian Majesty is necessary and desires Mony from him to carry on the Design But there was one Letter without Date more bloody than all the rest which was written to Le Chese in some short time after the long Letter of Sept. 29 1675. wherein among many other things Mr. Coleman expresses himself thus We have a mighty Work upon our hands no less than the Conversion of three Kingdoms and the utter subduing of a Pestilent Heresy which hath for some time domineer'd over this Northern Part of the World and there never were such hopes of success since the Death of our Queen Mary as now in our days And in the Conclusion of this Letter he implores Le Chese to get all the Aid and Assistance he can from France and that next to God Almighty he did rely upon the mighty Mind of his Most Christian Majesty and therefore did hope Le Chese would procure Mony and Assistance from him Then Dr. Oates at the desire of the Prisoner was call'd again concerning the time of the Consult Coleman offering to prove that he was the most part of that Month in Warwickshire offering something to excuse himself from the Guilt of Treason but being clearly convic'd in both Points Sir Francis Winnington his Majesty's Solitcior General sum'd up the Evidence to which Serjeant Pemberton added something and then the Lord Chief Justice Scroggs spoke to the Jury who presently brought the Prisoner in Guilty who on the Morrow Morning being brought to the Bar offered again something as to his being out of Town and pleaded the King's Act of Grace the insufficiency of which as to him being shewn the Ld. Ch. Justice directed a very excellent and Christian Speech to him pronouncing Sentence upon him to be hang'd drawn and quartered And on Tuesday Decemb. 3. following he was accordingly drawn on a Sledg from Newgate to Tyburn where he declared that he had been a Roman Catholick for many Years and that he thanked God he died in that Religion and he said he did not think that Religion at all prejudicial to the King and Government The Sheriff told him if he had any thing to say by way of Confession or Contrition he might proceed otherwise it was not seasonable for him to go on with such like Expressions And being asked if he knew any thing of the Murther of Sir Edmondbury Godfrey he declared upon the words of a dying Man he knew not any thing of it for that he was a Prisoner at that time Then after some private Prayers and Ejaculations to himself the Sentence was executed upon him The Trials of William Ireland Thomas Pickering and John Grove at the Sessions-house in the Old-Baily on Tuesday December 17 1678. THen and there were Arraigned Thomas White alias Whitebread William Ireland John Fenwick Thomas Pickering and John Grove upon an Indictment of High-Treason for conspiring to murder the King To which they pleaded Not Guilty Their Jury were Sir Will. Roberts Bar. Sir Phil. Matthews Bar. Sir Charles Lee Kt. Edward Wilford Esq John Foster Esq Joshua Galliard Esq John Byfield Esq Thomas Eaglesfield Esq Thomas Johnson Esq John Pulford Esq Thomas Earnesby Esq Rich. Wheeler Gent. To whom the Indictment was read and Sir Creswel Levinz opened it Sir Samuel Baldwyn opened the Charge and Mr. Finch all of Counsel for the King in this Cause opened the Evidence And Dr. Oates being sworn deposed That in December last VVhitebread receiv'd a Patent from the General of the Jesuits at Rome to be Provincial of that Order That after that he ordered Conyers to preach against the Oaths of Allegiance and Supremacy at St. Omers upon St. Thomas of Canterbury's day That he sent several Letters thither to Ashby about Assassinating the King and in February a Summons to the Consult held April 24 upon which nine did appear at London and the Consult was begun at the White-Horse Tavern in the Strand and afterwards adjourn'd into several little Meetings wherein a Resolve was drawn up by Secretary Mico for Pickering and Grove to go on in their Attempt to kill the King for which Grove was to have 15000 l. and Pickering 30000 Masses and this Resolve was signed by Whitebread Fenwick Ireland and others whom he saw sign it That in June the Witness was sent over to murder Dr. Tongue for translating the Jesuits Morals out of French that he met with Fenwick at Dover whose Box being seiz'd by the Searchers then said that if they had search'd his Pockets they would have found Letters as might have cost him his Life That soon after Ashby who had been sometime Rector of St. Omers brought Instructions from VVhitebred who was then looking after his Charge as Provincial beyond Sea that Care should be taken for the Murder of the Bishop of Hereford and Dr. Stillingfleet and that 10000 l. should be proposed to Sir Geo. VVakeman for poysoning the King and that nevertheless Pickering and Grove should go on still in their Attempts That the 10000 l. was proposed to but refused as too little by Sir George whereupon VVhitebread writ from St. Omers that 15000 l. should be proposed which was both proposed and accepted whereof 5000 l. was paid by Coleman or his Order That in August at a Consult of the Jesuits with the Benedictines the four Ruffians were recommended by Dr. Fogarthy to which Fenwick being present consented and they were sent away to VVindsor and the next day 80 l. was sent after them That in this Month other Letters came from VVhitebread ordering Harcourt to send one Moor and Sanders alias Browne into Scotland to carry on the Design which Fenwick and Ireland had plotted of a Rebellion there That Pickering and Grove did accept the Terms and Grove took the Sacrament and Oaths of Secrecy upon it after the Consult was over in VVhitebread's Chamber That he saw Pickering and Grove several time walking in the Park together with their Screw'd Pistols that they had Silver Bullets to shoot with which he had seen and Grove would have had the Bullets to be champt for fear the Would to be given by them might be curable That in March last these Persons having followed the King several Years Pickering had a fair opportunity but that the Flint of his Pistol being loose he durst not venture to give Fire for which Negligence he underwent Penance and had twenty or thirty strokes of Discipline and Grove was chidden for his Carelesness That Fenwick was by when the 80 l. was sent by Harcourt to VVindsor for the four Ruffians That he received the Oath of Secrecy which VVhitebread administred upon a Mass-Book Mico holding the Candle That VVhitebread issued out several Commissions and particularly one for
Sir John Gage of Sussex which the Witness saw to be an Officer in the Army That in August there was a Consult whereat Fenwick was wherein there was a Design laid for killing the Duke of Ormond and raising a Rebellion in Ireland to which VVhitebread also consented when he came over as appears by their Entry-Books That in September VVhitebread having had Intimation from one Beddingfield of the Plots being discover'd and of the suspicion they had of the Witness being waited upon at his Lodgings upon his coming over by the Witness he beat affronted and reviled the said Witness commanding him to go beyond Sea again assaulting him in his Lodging afterwards to have murthered him being jealous that he had betrayed them He deposed also that Grove did go about with one Smith to gather Peter-Pence and that he saw the Book wherein it was entred And confessed to him that he with three Irish Men did fire Southwark for which Grove had 400 l. and the other three 200 l. a piece Then Mr. Bedloe deposed That he had been five Years almost employed by the Jesuits and the English Monks in Paris to carry and bring Letters between them from and to England for the promoting of this Plot Relating how Harcourt began to employ him and naming the particular places whither he had been sent to shew the Reasons of his knowledg in this matter saying that in all their Consults wherein he was it was always concluded on That they would not leave any Member of any Heretick in England that should survive to tell in the Kingdom hereafter that there ever was any such Religion in England as the Protestant Religion Then he proceeded to depose that in August last there was a Consult at Harcourt's Chamber about killing the King as Pritchard inform'd him and of sending the four Ruffians to Windsor who failing it was afterwards concluded Pickering and Grove should go on and Conyers be joyned with them to assassinate the King in his Morning-Walks at New-Market this he heard in Harcourt's Chamber in August also Grove and Pickering and Pritchard and Fogarthy and Harcourt and the Witness being present And Grove being more forward than the rest said Since it could not be done clandestinely it should be attempted openly That those that fell had the Glory to die in a good Cause But if it were discovered the Discovery could never come to the heighth but their Party would be strong enough to bring it to pass That Grove was to have 1500 l. and Pickering a considerable number of Masses That there was a Discourse at the same time of a design to kill several Noble Persons Knight was to kill the Earl of Shaftsbury Pritchard the Duke of Buckingham Oneile the Earl of Ossory and Obrian the Duke of Ormond Then a Letter was produced and read in Court sworn by Sir Thomas Doleman to have been found among Harcourt's Papers four or five days after Dr. Oates had given in his Informations from one Edward Petre giving account when the Consult was to be as ordered by their Provincial Whitebread mightily confirming Dr. Oates's Evidence as to that particular Then the Seals also were shewn in Court that were made use of to sign Commissions taken out of VVhitebread's Chamber Then the King's Counsel here ending their Evidence the Lord Chief Justice took notice to the Jury that there had only one Witness sworn against Whitebread and Fenwick Bedloe charging them with nothing of his own knowledg and that therefore he would discharge them of them and accordingly he sent them back to the Goal And the other three were called upon to make their Defence which was only a bare denial of the Matter of Fact Only Ireland being charged in August laboured very much to prove that he was out of Town all that Month by the Testimony of his Mother and Sister and one Harrison Sir John Southcott's Coachman and one Gifford His Mother and Sister saying expresly that he went out of Town August 3d and Harrison that he saw him at St. Albans August 5th and continued in his Company to the 16th and Gifford that he saw him at the latter end of August and beginning of September at Wolverhampton tho it was reproved by very good Circumstances and upon Oath for the King by Sarah Pain Servant to Grove that she saw him at his own door in London about the 12th or 13th of the same Month. His next Defence was a weak Reflections upon Dr. Oates's Credit to which purpose an Indictment for Perjury never prosecuted was urged against him but the Attourny-General made slight of it as of a thing that had nothing in it Neither was that which Sir Dennis Ashbournham said of greater force concerning the Irregularities of his Childhood which he said would have staggered his Belief of what the Doctor had deposed if the matter had depended solely upon his Testimony but being so corroborated with other Circumstances he was convinced of the Truth of what he had discovered nor did he think any thing could be said against Dr. Oates to take off his Credibility The Lord Chief Justice then summ'd up the Evidence smartly inveighing against the Principles and Doctrines of Popery After which the Jury retired for a very little while and then brought those three Prisoners in Guilty And then the Court Adjourn'd till the Afternoon when being met about five a Clock Mr. Recorder the Judges being gone home made an excellent Speech against Popery to the Prisoners sentencing them to be drawn hang'd and quartered which accordingly was executed upon them at Tyburn on Friday Jan. 24th following The Trials of Robert Green Henry Berry and Laurence Hill at the King's-Bench-Bar at Westminster on Monday Feb. 10th 1678. THE Prisoners there appearing were indicted for the Murder of Sir Edmondbury Godfrey Kt. one of his Majesty's Justices of the Peace for the County of Middlesex to which they pleaded Not Guilty on Wednesday Feb. 5. and were ordered to be brought the next day to their Trials But Mr. Attourny-General the next day moved the Court that it might be deferred till Monday Feb. 10. that the King's Evidence might be the more ready which was granted On Monday therefore they were brought to their Trials and the Jury impanell'd were Sir Will. Roberts Bar. Sir Rich. Fisher Bar. Sir Mich. Heneage Kt. Sir Tho. Bridges Kt. William Avery Esq Char. Vmphrevile Esq John Bathurst Esq Richard Gowre Esq Thomas Henslowe Esq John Sharpe Esq John Haynes Esq Walter Moyle Esq To whom the Indictment being read Sir Thomas Stringer Serjeant at Law and of Counsel for the King in this Cause opened the Charge and Sir William Jones Attorney-General opened the Evidence Then Dr. Oates being sworn deposed That in September Sir Edmondbury Godfrey in Discourse did tell him what Affronts he had received from some great Persons for being so zealous to take Examinations concerning the Plot And that others who were well inclin'd to have the Discovery made did think that
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
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
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
that Robinson and his Wife upon their Examinations before a Justice of the Peace said they did not know him Then the Statute of 27. Eliz. Cap. 2. was read and the Ld. Ch. Justice summ'd up the Evidence and the Jury brought him in Guilty Then VVilliam Atkins was set to the Bar having been Arraigned for being a Romish Priest and his Indictment read to the same Jury Then VVilliam Jackson being sworn said He could say nothing Francis VVilden deposed That he heard him say Prayers in an Unknown Tongue in a Surplice and had seen him give the Sacrament to seven or eight according to the manner of the Church of Rome in a Wafer at Mrs. Stamford's House in VVolverhampton Then John Jarvis being called refused to be sworn saying He was troubled with a Vision last Night But the Ld. Ch. Justice told him he mistook for Old Men dream Dreams 't was Young Men see Visions and that he was an old Man Bidding him speak the Truth and he 'd warrant him he should not be troubled with Visions any more this being a Trick of the Priests So he being sworn deposed That he had often been relieved by this Atkins and had heard him say somewhat in an Unknown Tongue and had Confess'd to him and often received the Sacrament from him he being in a Priests Habit. Henry Brown also deposed That he was almost turned from the Protestant Religion to that of the Church of Rome but never went further than Confession and that was to this Man and then he left them Then Thomas Dudley deposed That he likewise was given that way and had been at Confession with one Atkins whom he believed to be this Man and had seen him perform several Rites of the Church of Rome at VVell-Head at Ham. Then the Statute was read and the Prisoner saying He had neither any Witnesses to call nor any thing to say The Ld. Ch. Justice summ'd up the Evidence and the Jury brought him also in Guilty And the Ld. Ch. Justice sentenced them both to be Drawn Hang'd and Quarter'd ON Monday Aug. 4. 1679. at Hereford Charles Kerne was brought to the Bar and being Arraigned he pleaded Not Guilty to the Indictment which was for being a Romish Priest Then the Jury being sworn whose Name 's are not inserted into this Trial only that one VVill. Barret was Foreman the Court proceeded to call the Evidence against him And first Edward Biddolph was sworn who deposed that he did not know the Prisoner that he had seen one of that name 6 Years agone at Mr. Somerset's at Bellingham but would not say this was he Then Margaret Edwards deposed That she had known Kerne five or six Years That the first time she ever saw him was at Mr. VVigmore's of Lucton who told her it was he That she hath seen him several times since twice or thrice at VVoebly and the last time was the 29th of May was Twelvemonth at Sarnsfield at Mrs. Monington's where she saw him deliver the Wafer and remembred the Words Corpus Christi to four persons that were there but she her self did not receive She gave also an account of the Reason of her then coming thither it being at the request of one Harris of Lempster whose Wife was sick to seek some Remedy from Mrs. Monington for her Telling how the Maid brought her up to the Mistress how she acquainted her with her Errand what advice was given her and how Mrs. Monington understanding she was a Papist took her into the Chappel whereof she gave a Description Then Mary Jones deposed That she knew Mr. Kerne about eight Years ago when she lived at Mr. Somersets and that Mr. Kerne lived in the House about half a Year That she hath seen several Persons come thither And that one Sunday Morning she saw several Persons go up with Mr. Kerne and listning she heard Mr. Kerne say something aloud which she did not understand there being but a Wall between them That also there was a Child Christned in the House and no one there but Mr. Somerset and his Wife Mr. Latchet and his Wife and Mr. Kerne to do it but she did not see him do it though she heard his Voice And that once she wash'd a Surplice but knew not whose it was Then the Prisoner in his own Defence called one Mr. Hyet who said That Margaret Edwards had denied to him that she knew Mr. Kerne but not being on her Oath when she said so it was not regarded Mr. Weston's maid affirmed That she saw Margaret Edwards and Mary Jones talking together and Marg. Edwards instructed the other what she should say but being called they both denyed it upon their Oaths Then Mrs. Monington appear'd who said She neither knew Marg. Edwards nor James Harris and Mrs. Monington's Maid denied that ever she saw her at her Mistresses House Then the Statute being read of 27 Eliz. the Prisoner urged that Persons that are not Priest's may say Mass except that of Bread and Wine and Christen too in extremis Then the Ld. Ch. Justice summ'd up the Evidence concluding Margaret Edwards to be a Positive Evidence but leaving the other doubtful to the Consideration of the. Jury who brought the Prisoner in Not Guilty The Trial of Thomas Knox and John Lane at the King's-Bench Bar on Tuesday Novemb. 25. 1679. before the Lord Chief Justice Scroggs and the other Judges of that Court. THen and there the Prisoners were indicted for a Conspiracy to defame and scandalize Dr. Oates and Mr. Bedloe thereby to discredit their Evidence about the Horrid Popish Plot. To which having pleaded Not Guilty the Jury was sworn viz. Sir John Kirke Thomas Harriot Henry Johnson Simon Middleton Hugh Squire Francis Dorrington John Roberts Rainsford Waterhouse Thomas Earsby Joseph Radcliffe James Supple Richard Cooper To whom the Indictment being read Trenchard Esq of Counsel for the King in this Cause opened the Indictment Serjeant Maynard pursued the Charge and Sir Creswel Levinz his Majesty's Attorney General opened the Evidence Then the Attainders of those Persons executed for the Plot and the Impeachments of the Lords in the Tower and of the Earl of Danby mentioned in the Indictment being allowed Robert Radford one of his Majesty's Yeomen of the Guard being call'd and sworn deposed That Richard Lane who was a Yeoman of the Guard extraordinary and Father of this John Lane told him about a Year ago that Doctor Oates did attempt many times to Bugger his Son but knowing him to be a lying Fellow he durst not speak of it again for fear he would have put it upon him Mr. Thomas Allen only deposed that in December last when Lane was out of Dr. Oates's Service he desired him to interceed for him which he did till he was admitted again Mr. Samuel Oates the Doctor 's Brother deposed That in April last about a Fortnight before Lane went from his Brother he heard him say having before wished for 1000 l. that he questioned not
And that this Statute was only ad Terrorem and ought to be taken most strictly in his favour The Ld. Ch. Justice then gave a short Charge to the Jury concerning him and set him aside And then the Jury was charged with James Corker as with the other against whom Dr. Oates deposed that he was Benedictine Monk and before 1674 one of the Queen's Priests that he had heard him several times say Mass in a Monks Habit at Sommerset-House and the Savoy and himself had received the Sacrament from him at the Savoy and had seen his Patent from Rome to be Bishop of London Mr. Bedloe deposed That he had seen him wear the Habit of a Benedictine Monk before the Suppression of the Convent in the Savoy and had seen him take Confessions and Absolve in Somerset-House Mr. Prance deposed That he heard him say Mass once at Mr. Paston's in Duke-street about two Years ago The Prisoner's Defence was only a flat Denial that ever he said Mass either in Somerset-house or Mr. Paston's So the Jury was charged with William Marshall as with the other against whom Dr. Oates also deposed that he had heard him say Mass several times within the compass of three Years in a Benedictine Monks Habit and seen him Absolve and consecrate the Host and give the Sacrament at the Savoy Mr. Bedloe could only depose that he saw him once in the Savoy in his Monks Habit and was told he was going to take Confessions Mr. Prance deposed that at his last Trial he heard Marshall say to Corker Tho we are Priests this does not reach us Mr. Dugdale deposed that he also then heard him confess himself a Priest To this the Prisoner pleaded that he made no such Confession or if he did it ought not to be Evidence against him That he was almost a Stranger to the Savoy and Oates was never seen there but once and was not to be believed now because the Jury did not convict him upon his Testimony when he was tried before and that it was now a Prosecution of his former Malice again to accuse him after he had been disbeliev'd For all which false Inferences having been rebuked by the Court the Lord Chief Justice summ'd up the Evidence And proceeded to William Russel alias Napper with whom the Jury being charg'd as the others Dr. Oates deposed that he had heard him say Mass in his Priests Habit and himself had received the Sacrament from him at Wild-house and that he was a Franciscan Friar Mr. Prance deposed that he had heard him say Mass twenty times and seen him give the Sacrament and hear Confessions at Wild-house Sir William Waller depos'd that when he took him he found Religious Habits among his Clothes which he owned to be his To all which the Prisoner had little to say more than denying all Therefore Charles Parris alias Parry was charged to the Jury as the rest And against him Dr. Oates swore that he had heard him say Mass at Wild-house and Mr. Paston's and consecrate the Host and give the Sacrament in Priests Habit. Mr. Prance swore that he knew him to be a Priest and had heard him say Mass at the Venetian Ambassadors and at Mr. Paston's and that he bought Oil-boxes once of him and brought him a Chalice and would not suffer him to touch it till himself had first broke it and that he heard him confess himself to be a Priest The Prisoner denied all and said that he knew not Prance and that he was a Windsor the time that Oates swore he heard him say Mass and produced one Lanscroon and Jacob Painters who testified to his being there from before Christmas 1677 to All-hallontide 1678 but the time Dr. Oates swore to was November before He offer'd the Venetian Embassador's Certificate that he never said Mass in his House which was refused the Embassador being gone away and Monsieur Rivier one of the Embassador's Servants testified he never saw him there but the Court rejected such Testimony And the Ld. Ch. Justice having summ'd up the Evidence went out of the Court and Henry Starkey was next set up with whom the Jury was charged as with the others And against him Dr. Oates deposed that the Prisoner was a Priest and he heard him once say Mass at Mr. Paston's in the Habit and saw him consecrate the Host and receive in both kinds Mr. Prance depos'd that he heard him confess himself to one Mr. Duncomb a School-master that is dead that he was a Priest and heard him say Mass at his House and the Lady Somerset's and Mr. Paston's and had heard him say that he said Mass in the King's Army To this the Prisoner pleaded how he had appeared for the King when he had but 500 Men that he was an Esquires second Brother and had spent in the King's Service above 5000 l. which he had got himself and bled for it before he had it and that he spent his Annuity of 140 l. a Year for the King and had lost his Leg for him and discover'd to him a Plot against his Person State and Government and that he suffer'd to this day for it But as to his being a Priest he said nothing but left it to the Proof which the Ld. Ch. Baron summ'd up And then the Jury was charged as before with Alexander Lumsden against whom Dr. Oates swore that he had heard him say Mass twenty times at Wild-house and had seen him consecrate the Host and had received the Sacrament from him and that he was a Dominican Friar and Procurator General for the Kingdom of Scotland being a Scotsman Mr. Dugdale swore that he heard him confess himself a Priest that day he was taken Mr. Prance depos'd he had heard him say Mass twenty times at VVild-house in his Habit and seen him consecrate the Host The Prisoner said he was a Scotsman born at Aberdeen The Ld. Ch. Baron summ'd up the Evidence and the Jury withdrew for about a quarter of an hour and brought in Anderson Corker Marshall Russel Parry and Starkey Guilty and Lumsden guilty of being a Priest and born at Aberdeen in Scotland Then the Judges went off the Bench and the Court proceeded to Judgment Anderson said he had gone out of England before but that the King kept him telling him he had need of his Service and he had a Protection from the Council-Board The Recorder promis'd him to acquaint the King with what he said but that he must now be sentenc'd Corker said little Marshall said much to little purpose urging his Majesty's Declaration for Liberty of Conscience and that there was no Crime in Priesthood it self Russel only deny'd what had been deposed against him Parry said that he was a French-Man tho of English Parents Starkey pleaded his Merits as he did before And then Lumsden being set aside Mr. Recorder sentenc'd these six to be drawn hang'd and quartered The Trial of Sir Thomas Gascoyne Bar At the King's-Bench-Bar at Westminster before
but the Act for Naturalization was read to him and he thereby judg'd a Natural-born Subject Then Joseph Dudley deposed that he was a Servant to Mr. Powtrel and had known the Prisoner above six Years and had heard him say Mass Preach Pray Catechise and Christen and seen him in his Robes and that he used to keep fast the Doors tho a Protestant and that he had owned himself a Jesuit to him and that Mr. Evers the Lord Aston's Priest was his Tutor And that he had heard him tell how his Mothers house was Plundred at Coddington in Oxfordshire and how he hid himself in the Curtains being two Years old and in the Garden-Hedge when he was five Years old for fear of the Souldiers and that soon after his Mother went beyond Sea where she had several Children That he endeavour'd to subvert the Witness who seemingly did comply and was therefore entrusted Then to prove him further a Priest Mr. Gilbert produced his Account-Book which he had took which testify'd him to have been Procurator for the Jesuits and to have received Rents of their Lands from 73 till 77 and to have disbursed great sums of Mony and to have had dealings with Gawen Harcourt Turner Ireland Pool Bennet Heaton Thomson and others of the Society and produced his Popish Garments and Trinkets which one Mr. Sheppey a Minister that had formerly been a Popish Priest explained the names and use of to the Court. Then Thomas Houis deposed that this Busby persuaded him to be a Papist being about to marry a Papist's Daughter whom otherwise he could not have and that he gave him Absolution and married him and that he had heard him say Mass several times in his Robes and preach thrice and had received the Sacrament from him and had a Child baptized by him naming where and who were Sureties Elizabeth Evans deposed that she had seen him say Mass in his Priestly Habit and been Confess'd by him and receiv'd the Sacrament from him and was Godmother to a Child baptized by him Dorothy Sanders deposed the same and shewed how he used to elevate the Host only she never saw him baptize Sarah Clark deposed to the same purpose she being the Person that carried Houis's child to be baptized by him There were three or four more Winesses ready to have deposed the like but the Evidence being so full the Court waved them The Prisoner in his own Defence urged that the Witnesses swore to what they did not understand their Service being in Latin and as for the Vestments they were only kept as Monuments and that Lay-Men might wear them as well as Priests which was attested by Robert Needham whom the Prisoner called And Mr. Charles Vmphrevil testified that he had heard Mr. Busby's Mother and Brother say that he was born at Brussels and that he had an Affidavit from the Register at Coddington of all their Children born in England and the Prisoners name is not in the Register Mr. Ed. Mayo affirmed that he had searched the Register there and could not find the Prisoners name relating the Disappointment Busby had of his Habeas Corbus â—â—t the Court judg'd nothing of this material 〈◊〉 â—he Prisoner notwithstanding insisted upon his being an Alien and that it was only Family-duties the Evidence heard him read and had done nothing but what a Lay-Man might do and that therefore the Indictment had not been proved Then Baron Street caused the Statute of 27 Eliz. Cap. 2. to be read and summ'd up the Evidence shewing withal the invalidity of his Defence After which the Jury withdrew for a short space and then brought the Prisoner in Guilty And then Baron Street having told him that the King had commanded him to be Reprieved from Execution pronounced Sentence upon him to be Drawn Hang'd and Quartered The Trial of Stephen Colledg Carpenter at the Court-House in the City of Oxford on Wednesday August 17th 1681. Present Lord Norreys Present Ld. Chief Justice North. Present Mr. Justice Jones Present Mr. Justice Raymund Present Mr. Justice Levyns HIS Indictment was for High-Treason in Conspiring the Death of the King the Levying of War and the Subversion of the Government Which being read he desired â—…py of the Indictment and of the Jury that 〈◊〉 to pass upon him and that he might have Counsel assigned him to advise him Whether he had not something in Law pleadable in Bar of this Indictment Desiring also to know upon what Statute he was Indicted and that his Papers which contained Directions for his Defence might be restor'd him which were taken from him just before he was brought to Court Which he much insisting on the Court demanding an Account from him where he had those Papers He told them that he had them not all from one Person they were received from his own hands some of them in the Tower and being brought back to him they were taken away from him He then again was urg'd to plead which after many and earnestly repeated Intreaties for his Papers he did Not Guilty Then Mr. Attorney General gave the Court an Account concerning his Papers that when he came to Prison he had none but that Mr. Aaron Smith the Messenger inform'd him deliver'd them to him Wherefore the Papers being perused and most of them disallowed by the Court Mr. Smith and Mr. Starkey were called the latter did not appear but the former did who being demanded if he gave Mr. Colledge those Papers refused to accuse himself and so the Court took a Recognizance of 100 l. of him to attend the Court during the Session And Mr. Henry Starkey was sent for to be took up the Goaler swearing against him that he would have bribed him with four Guinies to be favourable to Colledge which he refused And the Papers what was not judg'd scandalous to the Government of them were ordered to be delivered to the Sheriff's Son for Mr. Colledge's perusal and the use of the King's Attorney as he thought fit Then the Court was adjourn'd till Two in the Afternoon When being met again Proclamation was made for Attendance and for the Under-Sheriff to return his Jury Whereof Richard Croke Thomas Marsh Edward Aryes VVilliam Aryes Richard Aryes Richard Dutton John Nash and VVilliam VVebb were challenged by the Prisoner Thomas Martin did not appear and Gabriel Merry being almost 100 Years of Age was excused Those therefore which served were Henry Standard William Bigg Robert Bird. John Shorter William Windlow Charles Hobbs Roger Browne Timothy Doyley Ralph VVallis John Benson John Piercy John Lawrence To whom the Indictment being read Mr. North and Mr. Attorney General proceded to open the Charge the latter being several times interrupted by the Prisoner not failing to reprove him home for so doing Then the first Witness produced against him was Mr. Stephen Dugdale who deposed That he having been acquainted with Mr. Colledge about two Years had oft heard him rail against the King saying That he was a Papist
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
seemed much concern'd and his Countenance altered and desired to lie down Then Mr. Gibbons deposed That when they had apprehended the Count they carried him to the Mayor's and thence to an Inn for 2 or 3 hours and there the Count asked him his Name because he said he would come and give him Thanks after his Trouble was over he owned his Name Gibbons and that he belonged to the Duke of Monmouth Said he the Duke of Monmouth hath no Command now and therefore how could he take him by his Order He said he did not come upon his Command but he had killed a very good Friend of his and a Country-Man and if Providence had not ordered it otherwise he had killed a more particular Friend of mine and a Master whom he had served many Years He said he did not think they would have done the D. of Monmouth any Injury After which walking up and down he said 'T was a stain upon his Blood but one good Action in the Wars or Lodging upon a Counterscrap will wash away all that Then he asking what the People said he told him the Captain had made a Confession though it was a thing he did not then know the Count said he did not believe the Captain would confess any thing To all this the Count by his Interpreter Sir Nathaniel Johnson reply'd That he came into England with a design to have got a Regiment and serv'd England against France hearing of an Alliance to be between England Holland and Sweedland against France That he lay incognito because he was broke out in Spots on his Arms and Breast and designed to take Physick and avoid drinking of Wine and his Equipage was not come to him till after That he removed his Lodgings the first because it was too cold for him and the second because of a smoaking Chimney That he sent for the Polander over to dress his Horses after the German way which he came to buy and had return'd 1000 Pistols for that end and had bought one Horse which the Count's Brother testified That had it not been for the stormy Weather the Polander had arrived sooner he having writ for him 4 Months ago That he had no Quarrel with Mr. Thynn nor to the best of his knowledg ever saw him That it was strange he should ask a Scullion-boy whether People might ride on Sundays when he himself over and over again has rid upon Sundays to Hide-Park which was testified by Major Oglethorp and divers other Gentlemen That Capt. Vratz visited him on Sunday only because he was sick That he gave the Polander to the Captain because he should have no use for him himself bought him Clothes and a Sword because he wanted them That he absconded because one Markham his Taylor told him he heard him named as concern'd in the Murder and that if the Common People should catch him they would tear him to pieces and so his Friends did counsel him to withdraw That he heard the People say the Murderers follow'd Mr. Thynn's Coach but would not shoot till the Duke of Monmouth was gone out That he spoke of his Apprehension and Imprisonment as being a stain to his Blood And then the Count speaking something of the Repute of his own Family and Zeal for the Protestant Religion and Love for the English c. Sir Francis Winnington summ'd up the Evidence whereat the People made a great shout but were rebuked for it by the Court Mr. Williams did also the like and then the Ld. Ch. Justice gave the Charge and the Jury withdrew and the Court Adjourned for half an hour and then sent for the Jury who brought in Borosky Vratz and Stern Guilty and the County Not Guilty Who being dismiss'd Mr. Recorder sentenc'd the other 3 to be hang'd Who were accordingly Executed in the Pall-Mall on Friday Mar. 10 following and Borosky was afterwards hung up in Chains a little beyond Mile-End by his Majesty's Command The Trial of Sheriffs Thomas Pilkington Esq Samuel Shute Esq Henry Cornish Alderman Ford Lord Grey of Wark Sir Thomas Player Kt. Chamberlain Slingsby Bethel Esquire Francis Jenks John Deagle Richard Freeman Richard Goodenough Robert Key John Wickham Samuel Swinock and John Jekyll sen Before the Lord Chief Justice Saunders at the Guild-Hall London on Tuesday May 8. 1683. THen and there the Defendants appeared for their Trial upon an information against them for the Riot at Guild-hall on Midsummer-day 1682. being the Day for Election of Sheriffs for the Year ensuing To which they had pleaded Not Guilty And the Jury appearing the Defendants Counsel challenged the Array because returned by Sir Dudley North whose legally being Sheriff was now in question Which Challenge was read in French and English and admitted of a long Debate but was over-ruled As was also another Challenge offered on behalf of the Lord Grey The Defendants Counsel then prayed a Bill of Exceptions which also was over-ruled The Jury sworn were Sir Benjamin Newland Sir John Matthews Sir Thomas Griffith Sir Edmund Wiseman Sir John Buckworth Percival Gilburn Henry Wagstaff Barthol Ferriman Thomas Blackmore Samuel Newton William Watton George Villars To whom the Information being read the same was opened by Mr. Dolbin and Mr. Attorn Gen. Mr. Sol. Gen. and Mr. Serj. Jefferies opened the Evidence And then the Common Serjeant Mr. Lightfoot Mr. Wells the Common-Crier Mr. Man the Sword-Bearer Mr. King Sir William Hooker and Mr. Bancroft all being sworn deposed their knowledg about the Method of the City Elections all concurring That the Lord-Mayor always used to summon and adjourn and dissolve the Common-Hall and that the Sheriffs as Sheriffs were no more concern'd in the Case than any private Man Then Mr. Craddock deposed as to the Persons concern'd in the Riot That he was then standing where they poll'd and the Lord-Mayor coming thither also to protest against their manner of Proceeding Sheriff Bethel bid him oppose or resist him for that he had nothing to do there And that this was before the Poll was adjourn'd Mr. Reeves then depos'd That he saw Mr. Shute and Mr. Pilkington encouraging the People to Poll after the Lord-Mayor was gone and that while the Lord-Mayor was there he saw a great Contest among the People some saying he had nothing to do there another cried Stop the Sword stop the Sword whom he laid hold of but some Body got him again from him Mr. John Hill deposed That he saw then Mr. Robert Key Mr. Goodenough and the Lord Grey among the People as also Mr. Cornish Mr. Richard Fletcher deposed That he also was there on that Midsummer-day by Order of Sheriff Shute after the Lord-Mayor was gone to call all Men that were to poll to come forward for the Books were to be shut up and that he could only testify that Mr. Pilkington and Mr. Shute were both there Then Capt. Clark depos'd That when Proclamation was then made for adjournment of the Court and God save the King was
proclaimed above an hundred hist at it and cried No King's-Man no Sword-Man one of whom he laid hold on but the Crowd was great and he was call'd away to guard the Lord-Mayor whom he found down upon his Knees and the People crying Press on press on and God save the Sheriffs He guarded the Lord-Mayor home and came again for awhile and saw the two Sheriffs concerned in carrying on the Poll for some time Major Kelsey deposed That he followed the Lord-Mayor then out of the Court and some cried Stop him stop him and gave a Shout and he saw the Lord-Mayor's Hat upon his Back and he was down himself but the Press was so great he could not tell who was there Mr. Trice Hammond deposed That he saw there that Evening the Lord Grey Mr. Key Mr. Cornish Mr. Goodenough and the two Sheriffs Sheriff Shute making Proclamation himself upon the Hustings because one or two had refused it for the adjournment of the Court and this was two hours after the Lord-Mayor had adjourn'd the Court. Then Mr. Higgins depos'd That when God save the King was said he heard the People say God save the Protestant Sheriffs and cry'd Down with the Sword and after he had attended the Lord-Mayor home he returned thither again and saw there one Free-man whom they call'd the Protestant Cheese-monger calling To poll to poll That he saw Mr. Alderman Cornish come up to the Sheriffs and tell them they were doing right and say to Sheriff Shute You shall have all right done to you That he saw also Mr. Swinnock and Mr. Jekyll the Elder there Mr. William Bell deposed to Mr. Cornish Mr. Bethel and Mr. Pilkington's being there Mr. Vavasor swore to Mr. Cornish and the two Sheriffs being there and that had it not been for Mr. Hammond he had been trod underfoot Mr. Denham deposed That he saw Sir Thomas Player and Mr. Jenks there in the Yard Mr. Farrington swore That he saw there the two Sheriffs Sir Thomas Player Mr. John Wickham the Scrivener in Lothbury Mr. Jenks the Linnen-Draper Alderman Cornish Babington and one Jennings an Upholsterer and that his Toes were trode upon and a mischief had been done him had it not been for Mr. Fletcher and Mr. Hill Mr. Cartwright deposed he knew the Names of none there only that he saw the Lord-Mayor had like to have been thrown down going out of the Hall after he had adjourn'd the Court had it not been for Mr. Shaw and that going to save him he wrenched his back and spit Blood for seven days after Then Mr. Shaw depos'd That the Lord-Mayor coming down the steps there was such a crowd that if he had not catched him in his Arms he had fallen upon his Forehead and his Hat was off Then Mr. Kemp depos'd that Mr. Deagle confessed to him that he was there about seven at Night And Mr. Rigby swore That he saw Master Deagle there among the Crowd about that Time After this Mr. Williams of Counsel for the Defendants urged That none of the Cries or Hissings were fixed upon the Defendants nor were they concerned therein though they were there And that it was a Question Whether the Right of Adjourning was in the Lord-Mayor And if not that then here could be no Riot Sir Francis Winnington spoke to the same purpose for the Defendants And then Mr. Thompson call'd Sir Robert Clayton who deposed That in his Mayoralty there was a Poll for the Election of Sheriffs and that he left the management thereof which lasted five or six days wholly to the Sheriffs as belonging to them and that when it was adjourned from Saturday to Monday he supposed it was done by them he not thinking it did belong to any Body else Mr. Love then deposed That two and twenty Years ago he was Sheriff and upon the Election of new Sheriffs the Lord-Mayor left the management of the Hall to him and his Brother Sheriff bidding them look to their Office never interposing at all and if he had truly he should have bid the Lord-Mayor have looked to his Office The management of the Hall at Elections having always been judged in his Time the Right of the Sheriffs Then Mr. Holt urg'd for the Defendants That this Assembly upon such a Supposition of the Sheriffs Right could not be made a Riot so long as no Extravagances were committed And Mr. Wallop spoke to the same purpose And then Mr. Deputy Sibley deposed That he had been on the Livery every since 1639 and that he never remembred any Lord-Mayor to interpose in Elections till here of late it being always left to the Sheriffs as belonging of Right to them And Mr. Winstanley swore That the Poll in Sir Robert Clayton's Time was managed by the Sheriffs Then Mr. Jackson deposed only That the Crowd was so great he could scarce see one way or other But Mr. Roe deposed That he then saw a matter of an hundred with their Hats upon Sticks crying Damn the Whigs saying the Work was done to stop the Poll. Whence the Defendants Counsel inferr'd That if there were any rudeness those very People that came with the Lord-Mayor were the cause of it After this Mr. Attorny General called Sir Simon Lewis and Sir Jonathan Raymond who were Sheriffs when Sir Robert Clayton was Lord Mayor and they both deposed that they took the Lord Mayor's Directions and that he did Adjourn the Court and they only appointed from Day to Day till the Pole was ended Sir James Smith who was Sheriff the Year after Sir Robert Clayton deposed That he never heard it questioned but that the Lord Mayor had the right of Adjourning And then Mr. Common-Serjeant related the whole passage and deposed That Sir Robert Clayton did Adjourn the Court himself After which Mr. Williams urged particularly in defence of the Lord Grey that he was there only accidentally coming to Sir William Gulston with whom he was treating about selling the Mannor of Corsfield in Essex one Mr. Ireton who treated for him deposing That there was such a treating on foot and that he heard of an appointment to meet again And Sir Thomas Armstrong deposed That he saw Sir William and my Lord together that night about eight a Clock After which the Counsel for the Defendants urg'd That the Case being so probable their insisting upon it would not make it a Riot and that the Assembly was not continued in a tumultuous Manner but with a good Intent and it could not be a Riot unless there were an evil Intention to do some mischief instantcing in the Case of Sir Robert Atkins Then Mr. Attorny General summ'd up the Evidence asserting that Assembly to be unlawful after the Adjournment of the Lord-Mayor and a being present therein and countenancing it was enough to make them Guilty of the Riot The Lord Chief Justice summ'd up much to the same purpose And then the Jury withdrawing for some time brought in all the Defendants Guilty of the Trespass
was his unhappiness he had no Witnesses to call The Ld. Ch. Justice therefore in a few words summing up the Evidence the Jury presently brought him in Guilty The Trial of Capt. William Blague at the Old-Baily on Friday July 13. 1683. THE Prisoner having been Arraigned the day before and pleaded Not Guilty to an Indictment for High-Treason for conspiring the Death of the King and subversion of the Government was then and there set again to the Bar and making no Challenges the former Jury was sworn viz. Robert Beddingfield John Pelling William Windbury Theophilus Man John Short sen Thomas Nicholas Richard Hoare Thomas Barnes Henry Robins Henry Kemp. Edward Raddish Edward Kemp. To whom the Indictment being read and briefly opened by Mr. North and Serjeant Jefferies Thomas Leigh deposed That the Prisoner in discourse with him and Goodneough about seizing the Tower told them that the only way was to do it with Mortar-Pieces that he would venture his own Ship and provide 200 Men and lay his own Ship on Southwark side and make up his 14 Guns he had already 24 and would undertake once in 20 times to dismount the five Pieces that fac'd towards Southwark-side That he ask'd Goodenough what Mony was provided who answering 40000 l. He answered the Seamen would swallow that up presently to which Goodenough replied there was more provided at any time Mate Lee swore That the Prisoner told him as they were in a Coach together that one of these days they should have a Ball to toss which afterwards he understood by Rouse and Leigh was the Ball that was to be toss'd on Black-Heath That about six Weeks ago Capt. Blague and he walking about the Tower and discoursing of seizing it his way was to scale it but the Captain said the best was to shoot Mortar-pieces on Southwark-side but about the Ship he could say nothing The Prisoner's Defence was That his Business with Rouse was to procure him Mony as being a Broker which brought him sometimes into Goodenough's Company but that he never discours'd about any Publick Affairs and as to the seizing the Tower it was only accidental Discourse And as for his 200 Men it was impossible his Vessel being but a Pink which had been in his Possession but three Weeks and what Arms he had he bought therewith and that he never heard any thing about either a Ball or Bank of Mony Calling his Witnesses Mr. VVright declared That he had waited on the Captain ever since he had been shipp'd and was in his Pay before he had the Ship in possession Robert Chappel Carpenter declar'd The Vessel was not able to do any Service three Weeks ago and that he had been shipp'd four Months and an half to go for New-York One Bellinger the Chirurgeon declared That he had belonged to the Ship seven Weeks and to the Captain before he had a Ship and for Guns belonging to the Ship there were fourteen Saker-Guns of which four were Wooden ones six above Deck and four in the Hold. The Lord Chief Justice then summ'd up the Evidence taking notice to the Jury that these Men belonged to the Captain a great while ago and that there was only one Evidence that did affect him Wherefore the Jury Withdrawing in a short time returned and brought him in Not Guilty THE next day being Saturday July 14. 1683. the Lord Russel Capt. VValcot Mr. Rouse and VVilliam Hone were brought to the Bar to receive Sentence Where the Lord Russel desired to hear his Indictment read in English which was granted and thereupon demanded an Arrest of Judgment because there had been no Evidence of his conspiring the Death of the King as it was in the Indictment but only of levying War But the Verdict being past the Court told him they must go by what the Jury had found and not the Evidence and therefore Sentence was pass'd upon him to be Drawn Hang'd and Quarter'd Capt. VValcot had nothing to say but desired that his Son and some Friends might come and see him Hone had no more to say but begg'd the same favour Rouse insisted on some Disadvantages he had when he came on his Trial and some difference between the Indictment and their Oaths but Verdict being past Judgment was given against them three as against the Lord Russel And upon Friday July 20. following VValcot being drawn to Tyburn in one Hurdle and Rouse and Hone in another and there put into a Cart attended by Dr. Cartwright the Dean of Rippon and the Ordinary of Newgate who urged them much to discover all they knew of the Plot after they had spoke to the People were executed accordingly The next day being Saturday July 21. the Lord Russel having taken leave of his Lady the Lord Cavendish and several others of his Friends at Newgate took Coach with Dr. Tillotson and Dr. Burnet who accompanied him to the Scaffold built in Lincolns-Inn-Fields where he deliver'd his Speech to the Sheriff and after some Preparation he ordered the Executioner after he had lain down a small moment to do his Office without a Sign and so his Head at three blows was severed from his Body and ordered by the Sheriff to be delivered to his Lordship's Friends and Servants as being given them by his Majesty's Favour and Bounty The Trial of Algernon Sidney Esq before the Lord Chief Justice Jeffreys at the King's-Bench Bar at Westminster on the 7th 21st and 27th of November 1683. UPON Wednesday Nov. the 7th 1683. Algernon Sidney Esq was arraigned at the Kings-Bench Bar upon an Indictment of High Treason for conspiring the Death of the King and intending to raise a Rebellion in this Kingdom Which Indictment he excepted against as erroneous several Crimes being put together therein distinct in nature one from another and distinguished by Law offering to the Court a Parchment wherein were his Exceptions to the Bill but it was refused and he sorced to plead which he did at length Not Guilty And then he desired a Copy of the Indictment which was denyed him but upon his Request it was read to him again in Latin and his Trial appointed to be on Wednesday Novemb. the 21st 1683. Then and there the Prisoner again appearing he desired Pen Ink and Paper and that Mr. VVinn and Mr. Gibs might write for him which were granted him and then he shewed the reason he had before to desire a Copy of his Indictment which the Lord Stafford and the other Lords in the Tower had urging it for Law upon the Statute of 46 Edw. 3. But the Court over-ruled it Then the Clerk of the Crown called the Jury and after several Challenges the Jurors were John Anger Richard VVhite VVilliam Linn Lawrence VVood Adam Andrews Emery Arguise Josias Clerke George Glisby Nicholas-Baxter VVilliam Reeves VVilliam Grove John Burt. To whom the Indictment being read Mr. Dolben opened the same and the Attorney General opened the Evidence and then Mr. VVest was called against whom the Prisoner excepted
time coming again he said he knew nothing of this Plot and he was sure had Col. Sidney known any thing he would have told him And that he then telling my Lord he was not safe in his House the Ld. Howard said he had been a Prisoner and he had rather do any thing in the World than be a Prisoner again Then the Ld. Paget declared that seeing the Ld. Howard presently after the breaking out of this Plot he told him he was glad to see him abroad and that he was not concern'd in this Disorder Which he said he took as an injury to him for that his saying so looked as if he were guilty but that he knew nothing of himself or any Body else nor had he seen any Body that could say any thing of him or give him any occasion to say any thing of any Body else Mr. Edward Howard declared That as soon as the Plot broke out the Ld. Howard having a great intimacy with him he expressed a great detestation and surprizing in himself to hear of it and assured great Asseverations that he could neither accuse himself nor any Man living and that he was much concern'd for certain Persons of Quality that they should be so much reflected on or troubled about it And that this he verily thinks my Lord spoke sincerely and that he knew his Disposition so well that if he had had any Guilt upon him be would never have stood his being taken That another time discoursing the Ld. Howard about this Plot which he omitted at the Ld. Russel's Trial by reason of the reproof accidentally given him that it was certainly a Sham even to his Knowledg too black for any Minister of of publick Employment to have devis'd but that it was forged by People in the dark such as Jesuits and Papists and that this was his Conscience And that he consented to Address the King under his Hand to testify his abhorrency of the thing but upon the Lord Russel's being taken this was laid aside That he really believed what my Lord said then was true and were he of this Jury he would not believe what he said now For saying which the Court told him he ought to be bound to his good Behaviour The Prisoner then urged the Mortgage which the Lord Howard acknowledged Mr. Blake then declared that about 6 Weeks since the Ld. Howard sent for him to come and see him and talking then of his Pardon he said he had a Warrant for it and their Word and Honour for it but that he would do nothing in it till he had further order and that he heard nothing of it and could ascribe it to no other Reason but that he must not have his Pardon till the drudgery of Swearing was over The Prisoner then called Mr. Hunt and Burroughs to prove that the Ld. Howard said he could not have his Pardon till he had done some other Jobs but they did not appear Then Grace Tracy declared that the Ld. Howard protested his Ignorance of the Plot and of Colonel Sidney's being concern'd in it Elizabeth Penwick declared to the same purpose and that he desired withal that the Colonel's Plate might be sent to his House for Security for that he was apprehended through Malice Then one Mr. Wharton stood up and offer'd to the Court that if the sheets might be shewn him he would undertake to imitate them in a little time that they should not know which was which It being the easiest Hand that ever he saw in his Life Then the Prisoner proceeding in his Defence urg'd the Statute upon which he was Indicted as consisting of 2 Branches which were confounded in his Indictment together though they were distinct species of Treason And that the business of Aaron Smith was only conjecturally and implicitly sworn And the Papers were imperfect and had been writ many Years and never publish'd and could have no concatenation with the Select Council which the Ld. Howard had sworn though selected by no Body urging how unlikely it was for a War to be rais'd by 6 Men not knowing nor trusting one another the Ld. Howard putting such things upon them as were impossible for any one to do that had but the sense of Porters and Grooms The Solicitor General then summ'd up the Evidence making the Ld. Howard and his Papers two very good Witnesses against him Then the Ld. Ch. Justice declared his Charge to the Jury who withdrew for half an hour and then brought the Prisoner in Guilty And upon Monday November the 26th being set to the Bar the Prisoner pleaded that he conceived he had had no Tryal for that some of the Jury were no Free-holders and were not summon'd by the Bailiff but were agreed upon by the Under Sheriff and others desiring the Indictment might be read again which was done and then he urged it was void because it depriv'd the King of his Title of Defensor Fidei which was Treason by the Law Urging that there was no Treason in his Papers and desiring the D. of Monmouth might be sent for to testify if there were any such thing as a Design c. complaining that his Evidence had not been rightly summ'd up and appealing to God and the World he not being heard After which the Ld. Ch. Justice pronounced Sentence upon him to be Drawn Hang'd and Quartered c. Upon which Col. Sidney cry'd out Then O God O God I beseech thee Sanctify these Sufferings unto me and impute not my Blood to the Country nor the City through which I am to be Drawn let no inquisition be made for it but if any and the Shedding of Blood that is Innocent must be revenged let the weight of it fall only upon those that maliciously Persecute me for Righteousness sake Whereupon the Ld. Ch. Justice told him he pray'd God fit him for another World for he saw he was not fit for this But the Prisoner holding out his Hand bid his Lordship feel his Pulse and fee if he was disordered blessing God he never was in better temper than he was now On Friday December the 7th following his Sentence being mitigated by his Majesty's Grace and Favour he was brought from the Tower to a Scaffold on Tower-Hill where after a short Preparation he was beheaded by the Common Executioner The Trial of John Hambden Esq before the Lord Chief Justice Jeffries at the King's-Bench Bar at Westminster on Wednesday February 6 1683. ON Wednesday November 28th 1683. John Hambden Esq was Arraigned at the King's-Bench Bar upon an Indictment of High Misdemeanour for contriving and practising to disturb the King's Peace and stirring up Sedition in the Kingdom To which having pleaded Not Guilty and Issue being joyned Bail was taken for his appearing the next Term. Accordingly on Wednesday Feb. 6th following the Defendant appeared and the Jury were impannel'd Joshua Galliard Esq and Mr. Richard Shoveditch were challeng'd by Mr. Williams of Counsel for the Defendant because they were both
the unlikelihood of ever his meeting to consult with him But this the Ld. Ch. Justice would not admit of though Dr. Needham was sworn saying It seems my Ld. of Essex had such an opinion of the Ld. Howard's Evidence That he thought fit to cut his own Throat rather than abide the Trial. Then Mr. Murray was sworn to depose the Ld. Howard's Opinion of the World to come before mention'd which put the Ld. Howard into a violent Passion and was so pressing upon his Reputation that the Evidence was waved After which Mr. Hambden would have spoke and Mr. VVallop but Mr. VVilliams would have their Evidence left here The Ld. Ch. Justice therefore summ'd up the Evidence answering the Objections of the Defendant's Counsel and directing the Jury to bring the Defendant in Guilty upon the Ld. Howards testimony thus supported by 4 Witnesses unless they thought him guilty of wilful and corrupt Perjury The Jury therefore withdrew for half an Hour and then brought in the Defendant Guilty of the Trespass and Misdemeanour whereof he was Indicted Upon Tuesday following Febr. 12th 1683 the Attorn Gen. mov'd for Judgment upon this Conviction upon which Mr. Hambden being ordered to come into Court the Judgment of the Court was that a Fine of 40000 l. should be set upon him That he should be committed till he paid it and find Sureties for his good behaviour during Life Then Mr. VVilliams prayed his Bail might be Discharg'd which was agreed he being Committed And for the High-Treason it was concluded that he was discharged by the Habeas Corpus Act there being no Prosecution Then Mr. Hambden was carried away Prisoner by the Marshal The Trial of Lawrence Braddon and Hugh Speke Gent. at the King's-Bench Bar before the Lord Chief Justice Jefferies on Thursday Feb. 7. 1683. THen and there the Defendants Lawrence Braddon of the Middle-Temple Gent. and Hugh Speke of Lincolns-Inn Gent. appeared upon an Information exhibited against them the last Term by the Attorn General for an high Misdemeanour setting forth How that the Earl of Essex being committed to the Tower July 12. last for Treason and killing himself as by the Coroner's Inquest did appear the said Defendants did give out that he was murdered and conspired to procure certain false Witnesses to prove it And published in writing that the said Braddon was the Person that did prosecute the said Earl's Murder To which they then pleaded Not Guilty And now their Jury sworn were Sir Hugh Middleton Thomas Harriot Thomas Earsby Joshua Galliard Richard Shoreditch Charles Good Samuel Rouse Hugh Squire Nehemiah Arnold John Bifield William Wait. James Supple To whom the Information being read and opened by Mr. Dolben and the Attorn General The Warrant of Commitment of the Earl of Essex directed to Thomas Cheek Esq Lieutenant of the Tower subscribed Leolin Jenkins and dated July 10. 1683. Together with the Coroner's Inquisition taken July 14. that the said Earl did murder himself were produced and read in Court After which Mr. Evans being sworn deposed That Mr. Edwards that very Morning the Earl of Essex was kill'd told him on the Custom-house Key about 11 a Clock several Persons standing together that he was informed from Home that his Boy had told his Wife that he being in the Tower saw a Hand throw a Razor out of the Earl of Essex's Window That on the Monday after his Brother Mr. Hatsell came down along with Mr. Braddon to his House at Wanstead in Essex and shewed him the Coroner's Inquest Which having read he told them what Mr. Edwards had before told him of his Son saying it seemed to contradict that Paper which says the Razor was found lying by the Earl's Body That afterwards July 17. Mr. Edwards and Mr. Braddon came to him to Smith's Coffee-house and Mr. Edwards told him that Mr. Braddon had then been at his House to examine his Son about seeing the Razor Whereupon he told them that he had read the Coroner's Inquest in print and it was otherwise declared there and therefore desired there might be no discourse of any such thing for he did not believe it desiring Mr. Braddon to forbear medling in any such thing Mr. Edwards being a poor Man and having divers Children might be ruined and he might ruin thereby by himself too The Ld. Ch. Justice's endeavouring to baffle this Witness by making him repeat his Evidence so often and dodging him with Questions and wilfully misunderstanding him deserves a remembrance Next him Mr. Edwards was sworn who deposed That July 13. 1683. his two Sons going to Merchant-Taylors School together in the Morning as they used to do and by the way hearing the King was in the Tower the younger of them VVilliam Edwards about thirteen Years old gave his elder Brother the slip and went into the Tower and there rambled till about 10 a Clock when he came home and told one of his Sisters that the Earl of Essex had cut his Throat and that he saw an Hand throw a Razor out of the Window and a Maid or Woman came out of the House in a white Hood and stuff Coat and took it up and went in again and then he heard a noise as of Murder cried out That he being at the Custom-House and hearing of the News of the Earl of Essex's Death his House being near he stepped Home about 10 in the Morning and then his Family informed him of what the Boy had said and at Dinner he examin'd the Boy and found he agreed with the Report of his Family and confirmed it That he did not speak of what his Son had reported till he had been at Home which the Court would have made a mighty Contradiction of because Mr. Evans deposed that he was so informed from Home as if some one had brought him the Report from Home and not he himself been at Home for it and for which the Ld. Ch. Justice shamefully upbraided and slandered him notwithstanding he very pertinently answered him that he had not lived these 39 Years at the Custom-house without Honesty That he never knew nor saw Mr. Braddon before July 17. Then Mr. Edwards his Son being called he charged him to speak the Truth whereupon the Ld. Ch. Justice bid the Boy turn about and say Father be sure you say nothing but the Truth Being sworn the Boy deposed That Mr. Braddon took his Information in his Father's Parlour writing down what he told him concerning what he had seen that he took his Brother into the Tower and shewed him the Place where he said he had seen the Razor thrown out of the Window That after the Writing was finished Mr. Braddon read it to him and he own'd it all for Truth but refused at first to sign it because he said it was false and he fear'd some Danger in it Mr. Braddon therefore would have had his Aunt to have signed it but he telling him there was no harm in it he signed it And the Information being shewn
Then Mr. Spekes Servant was sworn who related the surprize of his sudden Journey but that Mr. Braddon having got another to go with him he came back to his Master again Then the Ld. Ch. Justice asked the Defandants what they had more to say Mr. Braddon refused to say any thing Mr. Speke urged his Innocency of conspiring with Mr. Braddon that his being concerned was but accidental and a surprize to him and that what he did was neither designedly nor with any ill Design Then Mr. Braddon desired the Jury to take notice that there had been nothing proved of evil Practices used by him to perswade these Witnesses to testify a Falshood and desired them to take no ether notice of any thing that had been or should be spoken but what had been proved Then the Ld. Ch. Justice summ'd up the Evidence representing the Crime very odiously as carrying all the Venom and Baseness the greatest Inveteracy against the Government that ever any Case did that he ever met with Insinuating That because the King and the Duke were walking in the Tower that day and near that time when this unfortunate thing happened now it must be whispered as tho the King and the Duke had designed this Murder And that there was Digitus Dei in this Accident and it was enough to satisfy all the World of the Conspiracy c. After he had finish'd his long Speech full of such-like Expressions the Court arose and the Jury afterwards gave in a private Verdict which the next Morning was repeated in Court and recorded And by that Verdict they found Mr. Braddon Guilty of the whole Matter charged upon him in the Information and Mr. Speke Guilty of all but the Conspiracy to procure false Witnesses and of that they found him Not Guilty And on Monday April 21. 1684. the Defendants being brought to the Bar their Counsel moved in Arrest of Judgment but Judgment being recorded it was too late and not admitted though it was before by consent agreed for the Defendants this day to move Then after Mr. Justice Withens and the Ld. Ch. Justice had severely upbraided Mr. Braddon's Impudence because he shewed no sorrow but still protested his Innocency and having consulted about the Sentence Mr. Justice Withens pronounced it first aggravating Mr. Braddon's Crime as if he had endeavoured to make the King concern'd in the Murder and would insinuate a Sham-Plot to take away Innocent Protestant Lives telling the Court for this Offence set upon Mr. Braddon the Fine of 2000 l. and order that he find Sureties for his good Behaviour during Life and that he be committed till this be performed And for Mr. Speke whom they had considered not so Guilty they thought fit to set upon him the Fine of 1000 l. and that he find Sureties for his good Behaviour during his Life and be committed till he perform it After which they were carried away to the King's-Bench The Trial of Sir Samuel Bernardiston Bar. before the Lord Chief Justice Jefferies at Guild-Hall London on Thursday Feb. 14. 1683. THen and there the Defendant appeared for his Trial upon an Information preferred against him in Hillary Term last for a High Misdemeanour in Scandalizing and Vilifying the Evidence in the late Plot in several Letters c. To which he had pleaded Not Guilty And the Jury now sworn were Thomas Vernon Percival Gilburn Edward Bovery William Withers James Wood. Robert Masters Samuel Newton George Torriano Kenelm Smith Thomas Goddard Thomas Amy. Richard Blackburn To whom the Information being read Mr. Poultney Mr. Recorder and Mr. Herbert being of Counsel for the King in this Cause opened the same And then to prove him the Author Mr. Blathwayt was sworn who deposed That Sir Samuel Bernardiston upon Decemb. 10. last did before the King and Council own three of the Letters there in Court to be of his own hand-writing Nor did he deny but that he had publish'd and sent them Mr. Atterbury deposed That he also heard him then own three of the Letters to be written by him and that they were superscribed by one of his Servants and so ordered to be sent to the Post-house And that while he was in his house he heard him say he wondered how they were taken since they were sent to Sir Philip Skippon Then Nehemiah Osland deposed that he superscibed two of them Letters by Sir Samuel's Order as his Servant and that he wrote one of the four out of a Copy given him by his Master and writ by him to go into the Countrey and then as was usual left them in a Window to be carried to the Post-house Then the four Letters were read the first was that transcribed by Osland directed to Sir Philip Skippon Kt. at Ipswich and dated Novemb. the 29 1683. Sir The Return of the D. of Monmouth to White-hall and his being received into extraordinary favour of his Majesty hath made a strange Alteration of Affairs at Court For those that before spake of him very indecently now court cringe and creep to him His Grace complained to the King of the scandalous Misrepresentation that was made of him in the Monday's Gazet upon which the Gazetteer was called to account for it who alledged for himself that a Person of great Quality sent him in Writing the Words therein recited commanding him to put them in the Gazet. Yesterday being the last day of the Term all the Prisoners that were in the Tower upon the late Sham-Protestant-Plot were discharged upon Bail Mr. Braddon who prosecuted the Murder of the E. of Essex the Information put in against him in the Kings-Bench By Mr. Attorney for a pretended Subornation c. was not prosecuted and his Bail was discharged And the passing Sentence upon the Author of Julian the Apostate and the Printer of the late Ld. Russel's Speech was passed over with Silence Great Applications are made to his Majesty for the pardoning Mr. Sidney in the Tower which is believed will be attained and that he will be banished The Ld. Howard appears despicable in the Eyes of all Men he is under a Guard at VVhite-hall and believed he will be sent to the Tower for that the D. of M. will accuse him concerning the Testimony he thath given c. The Papists and high Tories are quite down in the Mouth their Pride is abated themselves and their Plot confounded but their Malice is not asswaged 'T is generally said the E. of Essex was murdered the brave Ld. Russel is afresh lamented The Plot is lost here except you in the Country can find it out amongst the Addressors and Abhorrers This sudden turn is an Amazement to all Men and must produce some strange Events which a little time will shew The second Letter was then read directed as the other and dated Decemb. the 1st 1683. Dear Sir I am to answer yours of the 27th and 29th past and truly I cannot but with great-Sorrow lament the loss of our good Friend honest
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
four a Clock in the Asternoon Mr. Keeling came with two more to his house and arrested him at the Suit of Mr Papillon and another of them did the same at the Suit of Mr. Dubois telling him if he would not give Appearance he must go to the Lord Mayor who was at Skinners-hall but that they would take his word till the Morrow Morning However he immediately went to the Lord Mayor's-house and not finding him at home he went to Skinners-hall where he found him all alone and no Alderman only the Officers with him where he had been but a little while but was detained and he with him till about eleven a Clock abundance of People being gather'd together about the Door but a Company of the trained Band-Souldiers coming keptall quiet Then Mr. Wells the common Cryer was called and sworn who deposed That he being in the next room to the Hall wherein the Lord Mayor was arrested was presently sent for to my Lord who bid him send out the Officers to summon a Lieutenancy which he did and the Sword-Bearer being not just then at hand the Lord-Mayor bid him take the Sword and go along with him and so they were carry'd by the Coroner to his own house and the Lord-Mayor put up into a little Room by himself and he commanded by him to go and see for Sir James Edwards and Sir Henry Tulse and the Ld. Mayor that now is whom he found to be all arrested before he came Then Sir John Peake was sworn who deposed that upon the News of the Lord Mayor's being arrested he had order from the Lieutenancy to raise his Regiment which he did in a very little time and came with his Soldier to Skinners-Hall where he heard the Lord Mayor was and prevented any stir as it was feared there would have been Here the King's Counsel rested their Evidence till they had heard what the other said to it Whereupon Serjeant Maynard being of Counsel for the Defendant Mr. Papillon told the Jury in a very learned and excellent Speech that the Lord Mayor was as much subject to the Process of Law and Actions as any private Person in the City if he did injury or that which was not right in his Office That the Defendant did then suppose himself to have wrong done him and had therefore probable cause to bring his Action which he had done in a legal Manner against the Lord Mayor Then Mr. VVilliams insisted upon the probability of the cause of Action it being a controverted Question Whether Mr. Papillon and Mr. Dubois or Sir Dudley North and Mr. Box were chosen Sheriffs of London And some were so much dissatisfied with swearing Sir Dudley North and Mr. Rich Sheriffs as thinking them not duly Elected that they would have the Court of Kings-Bench moved for the Writ of Mandamus to swear Mr. Papillon and Mr. Dubois which Mandamus was granted to which the Mayor and Aldermen to whom it was directed made a Return that they were not Elected Sheriffs of London which Return was apprehended to be false and really to try the truth of this Return was the Action brought against the Plantiff which was the only way they had to right themselves and therefore they proceeded regularly and orderly in a decent Manner applying themselves to get an Appearance to their Action For that first they took out a Latitat against my Lord Mayor and by the Attorny gave him notice of it and desired an Appearance so that the Question in dispute might come to some determination But he was not pleased to give an Appearance to that Writ so they took out a Capias gave him notice of it and desired an Appearance but could have none whereupon they took out an alias Capias and the Coroner then told that he should be called upon to make some Return to the Writ which he acquainted the Lord Mayor with and desired again an Appearance which he refusing the Officer was constrained to arrest him and an Appearance at last was given Upon which they declared in the beginning of Hilary or Easter-Term 83. But it falling out that in Easter-Term 83 that that there was an Information for a Riot upon Midsummer-day before about this contested Election which being tried May the 10th was found to be so and the Sheriffs sworn to be duly elected thereupon being satisfied that they were mistaken they immediately discontinued their Action Then Mr. VVard of Counsel also for the Defendant spoke vindicating the Defendant from some unjust Reflections which the King's Counsel had made as if he had caused the Lord Mayor to be Arrested for the furtherance of some designed Insurrection against the King and Government and shewing the probability of the Cause then at that time though it be quite otherwise since the Question of the Right and Election being determined on the other side in the Trial about the Riot at the Election But the Ld. Ch. Justice here interrupting him would by no means allow that to be the Question then determined which raised some Words between them whereat there was a little Hiss begun which made the Ld. Ch. Justice in a great Fury ask who that Fellow was that durst hum or hiss while he sat there threatning to lay him by the heels and make an Example of him saying That indeed he knew the time when Causes were to be carried according as the Mobile hiss'd or humm'd and that he did not question but they had as good a will to it now Then he suffered the Defendants Counsel to call their Witnesses And therefore Mr Brome being call'd and swore deposed That aster he had the Writs he waited upon my Ld. Mayor praying his Appearance and gave him 9 or 10 days to consider and that the Defendants Attorny Mr. Goodenough did threaten to complain of him to the Court if he did not make a Return of the Writ And that when at last he could get no Appearance the Officers named in the Warrant by his Command did arrest him and carry him to Skinners-Hall and that soon aster he himself was taken into Custody and committed to the Compter Then after the Ld. Ch. Justice had cross'd Questions with him to have forc'd him a fall Mr. Cornish was swore who depos'd That Mr. Papillon and Mr. Dubois being at his house in came Mr. Goodenough the Attorny to receive their Orders what he should do telling them the time was almost spent and he had addressed himself from time to time to the Lord Mayor and some of the Aldermen to get them to appear but they would not They told him they had already given him Orders and desired that the matter might be brought to some Trial or issue and that he should desire an Appearance to the Action and if he would give it take it and remember my Lord Mayor is the Chief Magistrate of the City and pray'd him to carry it with all respect and regard imaginable to him The Ld. Ch. Justice then fell violently
Cornish and Bethel got in to be Sheriffs 3. Their arresting the Lord Mayor in his Mayoralty-year and not staying till that was ended did carry Vengeance and Malice in the very face of it as if they had a mind to affront the Government in arresting and imprisoning the Kings Lieutenant in one of the highest Places both of Trust and Honour Nay and because they would be sure their Malice and Revenge should take place 4. They took the very Scoundrels of the Party to be employed in this work 5. The Consequents designed herein which was the destruction of the Government all the Magistrates being took up that had any care for it And 5. The particular Persons that were to be sued being only some of the Aldermen and not all though the Mandamus was directed to all and the Return made by the whole Court yet Cornish and his Party were not to be medled with which is another Circumstance of Malice And if it had not been for some Purpose 6. Mr. Papillon is know to be a Person that would never have been so greedy of an Office he had before declined and fined for minding rather his Counting-house than a Scarlet-Gown And therefore the Design he told them was from the beginning to the end nothing but to cause a Tumult and Confusion in the City in order to put that damned hellish Conspiracy for the destruction of the King and his Brother and every Man that was honest and loyal in Execution That therefore they were to find for the Plantiff and to give Damages according to the Malice design'd not as to Sir William Pritchard but as Lord Mayor For that the Government was infinitely concern'd in this Cafe which made it so popular a Cause The Government of the City the Honour of their Chief Magistrate and indeed the Honour of the King whose Substitute he was and that was to put a weight upon their Inquiry into the Damages of this Case telling them that their severity in this Case would deter all People from entring into Clans and Cabals to make Disturbances and affront the Government Then the Jury withdrew to consider of their Verdict and after half an hours stay returned and found for the Plaintiff and assessed Damages to 10000 l. and costs to 4 Marks The Lord Chief Justice then told the Jury that they seem'd to be Persons that had some sense upon them and consideration for the Government and had given a good Verdict and were to be greatly commended for it Aster which the Court broke up The Trial of Titus Oates at the King's-Bench Bar at Westminster before the Lord Chief Justice Jefferies on Friday and Saturday the 8th and 9th days of May 1685. THen and there the Prisoner appearing upon an Information of Perjury shewing how that he had sworn falsly to a Consult of Jesuits at the White-Horse Tavern April 24. 1678. at the Trial of Ireland Pickering and Grove To which having pleaded Not Guilty the Jury sworn were Sir William Dodson Sir Edmund Wiseman Richard Aley Thomas Fowlis Thomas Blackmore Peter Pickering Robert Beddingfield Thomas Rawlinson Roger Reeves Ambrose Isted Henry Collier Richard Howard Then Dr. Oates moved that he might have three very material Witnesses who were Prisoners in the Kings-Bench brought into the Court but the Ld. Ch. Justice told him the Law would not allow it and it would be an Escape The Information therefore was read and Mr. Philips opened it and Mr. Attorn Gen. opened the Evidence Then in order to prove the Information the Record of the Trial of Ireland was produced and read Then Mr. Foster was sworn who deposed that he was one of the Jury at Ireland's Trial and heard Dr. Oates depose about the Consult's being April 24 1678 and that he was at it and carried the Resolution from Chamber to Chamber to be signed and saw it signed c. Then Martin Hilsley Esq a Papist deposed That he came from St. Omers April 14 Old Stile where he lest Oates and saw him but the day before and that he was not at all in his Company from thence to London where he arrived April 21 having staid four or five days at Bockston-street hard by where he met Mr. Burnaly at a Relations of his That afterwards he told Mr. Osborn that he had lest Sampson Lucy by which Name Mr. Oates went as also sometimes by Titus Ambrosius at St. Omers Then Dr. Oates would have ask'd this Witness What his Employment was at St. Omers Whether his Superiors did not set him on to do this And what Inducements he had to give in an Evidence now which he had given six Years ago at Langhorn's Trial and was not believed But these the Ld. Ch. Justice called Ensnaring Questions and would suffer no Answer to them Then Mr. John Dorrel now a Papist deposed that about the 15th or 16th of April he heard one Mr. Osborn telling his Mother of one Sampson Lucy alias Oates being then a Scholar at St. Omers as a Gentleman newly come from thence had assured him Then Mr. Osborn a Papist deposed About the 27th or 28th of April Mr. Hilsley talking to him about Oates telling that he lest him in the Colledg when he came away from St. Omers and this he told afterwards to Madam Dorrel and his own Mother who was since dead Then Mr. Bournaby a Papist supposed a Jesnit who went by the Name of Blunt deposed That he met Mr. Hilsley April 18 1678 that he arrived at St Omers April 21 and saw Oates there the next day and so from day to day to June 10. but that he neither knew or heard of any Consult Then Mr. Pool alias Killingbeck a Papist of the Sodality of the Virgin Mary as was supposed being sworn deposed That he came from St. Omers April 25 and saw Mr. Oates that very Morning and left him there and saw him there the 21st and 22d of the same Month That he heard something of a Triennial Congregation but of no Consult Then Mr. Henry Thornton a Papist deposed That he had been a Student at St. Omers seven Years and came thence about two Years after Mr. Oates that he knew Oates there very well and saw him almost every day in the Colledg from Christmass 1677 to the 13th of June 1678 that in all that time he was never out of the Colledg unless a day or two at Watton in January which is not a League out of Town That he saw him particularly the day of Mr. Hilsley's departure April 14 and Mr. Bournaby's coming April 21 and again the next day April 22 at a Play which the Scholars acted That he heard of a Triennial Congregation but of no Consult Then Mr. William Conway a Papist a Student of St. Omers who went by the Name of Parry when he was a Witness at the Trial of the five Jesuits deposed That he knew Mr. Oates at St. Omers that he came in December 1677 and stirr'd not out of the Colledg except one Night
General summ'd up the Evidence giving this Reason vvhy this Testimony was produced no sooner viz. Because time vvas vvhen the City of London vvas a Refuge for High-Treason and no Justice to be had for the King there it being hardly safe for the Judges to sit on the Bench by reason of the Rabble The Ld. Ch. Justice directed likewise the Jury vvith some Virulency against Oates's Confidence bewailing the Death of so many Innocent Men upon his Evidence reflecting on the Insolency as he called it of those Times crying out Good God of Heaven VVhat an Age have we liv'd in to see Innocence suffer Punishment and impudent Falsity Reign so long c. The Jury withdrawing for half an hour brought in their Verdict That the Defendant was Guilty of the Perjury whereof he stood Indicted To which the Judges gave their Approbation and the Ld. Ch. Justice told the Jury that by it they had Contributed as much as in them lay to Vindicate the Nation from the Infamy it had so long lain under The Court then arose On Monday May 11. 1685. Mr. Wallop procured the same leave as Oates done before for the Defendant to move in Arrest of Judgment upon the Conviction on Saturday also which was Granted And on Saturday May 26. 1685. The Prisoner was set to the Bar but his Counsel said they had nothing to say Then four Exceptions which the Prisoner had given in were read and over-ruled And the Ld. Ch. Justice aggravated his Crime in a Virulent Speech and Mr. Justice Withyns pronounced the Judgment of the Court upon him which was this 1. That he should pay for a Fine 1000 Marks upon each Indictment 2. That he should be strip'd of all his Canonical Habits 3. That he should stand in the Pillory before Westminster-Hall Gate upon Monday next for an hour's time between 10 and 12 a Clock with a Paper over his Head which he must first walk with round about to all the Courts in Westminster-Hall declaring his Crime and that was upon the first Indictment 4. That for the 2d Indictment he should upon Teusday stand in the Pillory at the Royal-Exchange in London for an hour between 12 and 2 with the same Inscription 5. On Wednesday that he should be Whipt from Aldgate to Newgate 6. On Friday That he should be Whipt from Newgate to Tyburn by the Hands of the Common Hangman 7. And for Annual Commemorations That upon every 24th of April as long as he should live he was to stand in the Pillory at Tyburn just opposite to the Gallows for an hour between 10 and 12. 8. That upon every 9th of August he was to stand in the Pillory at Westminster-Hall Gate because he had sworn that Mr. Ireland was in Town between the 8th and 12th of August 9. That on every 10th of August he was to stand in the Pillory at Charing-Cross for an hour between 10 and 12. 10. The Like over against the Temple-Gate every 11th of August 11. And that upon every 2d of September another Notorious Day he was to do the like at the Royal-Exchange for an hour between 12 and 2. That all this he was to do every year during his Life And be Committed a Close Prisoner as long as he liv'd And this he told him he pronounced to be the Judgment of the Court and that if it had been in his Power to have carried it further he should not have been unwilling to have given Judgment of Death upon him for he was sure he deserved it The Trial of William Ring Tailor before the Lord Chief Justice Jones at the Old-Baily on Monday October the 19th 1685. THE Prisoner then and there appearing together with John Fernby and Mr. Cornish was arraigned upon an Indictment of High-Treason for harbouring concealing and relieving one Joseph Kelloway and Henry Lawrence whom he knew to have traitorously levied War against the King c. to which baying pleaded Not Guilty the Jury sworn for Middlesex were Nehemiah Arnold Francis Stevens Richard Fisher John Howlet John Vigures Samuel Birch William Thompson VVilliam Read Samuel Peacock Richard Fitz-Gerrard Richard Bromfield John Haynes To whom the Indictment was read and briefly open'd by Mr. Phipps and Attorney General and then a Copy of the Record of the Conviction of Kelloway and Lawrence was produced to shew them Traitors and to prove the Prisoner harboured and conceal'd them between their Treason and Conviction First Mr. Barrington deposed That on July the 11th last Mr. Ring came to him from Mr. Lawrence to come and speak with him whom he found with one Kelloway at Mr. Ring 's house who said they were just come out of the West-Country That on VVednesday following being July the 15th he called and Mr. Lawrence again at Ring 's house who told him he was going from thence to the Pewter-Platter in St. Jones's Where after he had been examin'd before Mr. Common-Serjeant they searched for them but they were gone only they confessed such Men lodged there on Tuesday and VVednesday Night but not the Thursday Night so they enquired for them at Mr. Ring 's House the Bible in VVich-street without Temple-Bar and there Mr. Ring 's Wife told them they lay there the Thursday Night but could not tell where they were at present Whereupon they went to the Castle-Tavern and Mr. Common Serjeant sent for Ring and examin'd him who denyed all till he had sent and search'd his house and brought a Paper Then Mr. Barrow deposed That in July last he heard Mr. Ring confess before the Lord Mayor that he had lodged Lawrence and Kelloway two or three Nights who told him they had been in the late Western Rebellion in Monmouth's Army Mr. Crip swore that he searching Mr. Ring 's house found in the Window a Letter under Lawrence's own hand to Newberry about a horse he had left there which he stole from his Master which Letter he brought to the Castle-Tavern and the Ring who before had denied every thing owned upon the sight of that Paper that Kelloway was his Cousen but deny'd that he lodg'd him then But afterwards at the Sessions-house when Kelloway and Lawrence were produced before him he owned that he had lodg'd them two or three Nights though they said four Nights and that they told him whence they came Then Mr. Hardisti swore to the Examination of Mr. Ring before Sir James Smith Lord Mayor of London on July the 18th last which was that he did lodg Kelloway and Mr. Lawrence three Nights and they dined twice with him that they told him they were in Monmouth's Army who was routed and had left their Horses at Newbury and that he went to one that was Journey-man to a Glover in St. Bartholomew's Close to come speak with Lawrence something also he confess'd about one Hooper as being concern'd in the Rebellion The Mr. Richardson swore that this Kelloway and Lawrence where the Men he carried down into the VVest where they were both convicted and
one executed the other having a Reprieve The Prisoner then denyed what he had confest in his Examination saying it was false and that he did not know whence Kelloway and Lawrence came nor did they tell him he confess'd he lodged them but that what he had done was ignorantly and that when his Examination was taken he was in a Maze and he did not know what was put down After this the Ld. Ch. Justice briefly summ'd up the Evidence and the Jury brought him in Guilty The Trial of John Fernley Barber at the Old-Baily on Monday October the 19th 1685. THE Prisoner then and there appearing was arraign'd upon an Indictment of High-Treason for harbouring concealing and relieving one James Burton whom he knew to be a Traitor c. to which he pleaded Not Guilty and the same Jury that was for Ring continued To whom the Indictment being read it was opened by Mr. Phips and Mr. Soliciter General and then the Record of the Outlawry of James Burton was produced and the said James Burton being sworn deposed That he came to London out of Monmouth's Army in the West on Wednesday about three Weeks after the Rout that he lodged two Nights with his Wife and then she being acquainted procured him a Lodging at Fernley's where he lodg'd two Nights more and was took there on Sunday Night That he had been gone two Years before being in the Proclamation for being with Rumbold at the Mitre-Tavern within Aldgate That he saw not Fernley till Sunday at dinner and then they discoursed of the Rout of Monmouth's Army Mrs. Mary Burton then swore how she being acquainted with Mrs. Fernley procured a Lodging for her Husband there not thinking him safe at home Then Mr. Reynolds deposed that he took Burton the beginning of August last at Mr. Fernley's House on a Sunday about eight a Clock at Night up one pair of Stairs who was got into the Chimney and tumbled down while he was there with the Soot about him and one pair of Stairs higher he took Fernley for harbouring him who then said he knew not who Burton was After this Burton's Pardon was produced and read whereby he was rendred a Legal Witness Then the Prisoner said he knew nothing of Burton till Sunday at dinner and then he discoursed him about his Escape in the VVest and that after dinner one Mr. Gaunt came to him and told Burton he should get him a Passage in a day or two's time and that he should take no care for Clothes or Money That he designed to have acquainted a Magistrate with his being at his House the next morning and because Gaunt said he would come again he delayed though he himself was a Constable with a design to apprehend them both And to testify his Conversation he called one Mr. William Rush a Distiller who appearing an Officer presently inform'd the Court he was a great Whigg Nay said Mr. Justice Withers if he be a Whigg he cannot be a little one Mr. Rush said Mr. Fernley always demeaned himself well among his Neighbours and was a good sober Man Mr. Justice Withins again reply'd in Scorn A Wapping Man A sober Wapping Man Then Captain Haddock and Mr. Dove were called but refused to come in But Mr. Whittal came in a Plumber who being ask'd if he went to Church answer'd he did constantly Yes said Mr. Justice Withins there were a parcel of them that went constantly to Church Trimingly Mr. Whittal testify'd to Mr. Fernley's sober Conversation and that he went always to Church and he never heard him speak against the Government The Prisoner then added that he was a poor Man and owed Money and he knew there was 100 l. for securing Burton and there was no Gain by concealing him which shew'd he had no design After the Lord Chief Justice then had summ'd up the Evidence the Jury withdrawing brought the Prisoner in Guilty The Trial of Elizabeth Gaunt the Wife of William Gaunt of St. Mary White-Chappel Yeoman at the Old-Baily on Monday October the 19th 1685. THE Prisoner then and there appearing was arraign'd upon an Indictment of High-Treason for harbouring James Burton and giving him five Pounds whom she knew to be a Traytor c. To which she pleaded Not Guilty And the Jury then sworn to try her and Mr. Cornish were these after Mr. Cornish had challenged thirty five Thomas Rawlinson Thomas Langham Ambrose Istead Thomas Pendleton John Grice Thomas Oneby William Clowdsley Richard Holford William Long-boat Steven Coleman Robert Clavel William Long. To whom the Indictment was read and opened by Mr. Phips and Mr. Attorney General And Mr. James Burton being sworn declared how through Keeling he was with Rumbold at the Mitre-Tavern within Aldgate where the killing of the King was discoursed of which he refused to meddle in and never therefore met but that one time but after Keeling had discover'd finding himself in the Proclamation he absconded for two Months and then Mrs. Gaunt procured him a Passage with Rumbold but the Vessel being leakie he durst not venture and so lay hid at his Daughter 's several Months after and then Mrs. Gaunt got him a Passage again and so he got to Amsterdam and she gave him about 5 l. and two Persons more went with him whom she helped away And this he supposes she did for him because her Husband had been with Capt. Walcot and him about seizing of the Tower Then Mary Gilbert Burton's Daughter deposed that Mrs. Gaunt fetched her Father away in order to send him beyond Sea Then Mr. Burton deposed that Mrs. Gaunt came and proffer'd to convey her Husband away c. And then Burton's Pardon was again produced To all which the Prisoner said very little only that she did not know that her Husband was concern'd in the Plot nor would she give any reason why she took so much care to send Burton away but left it to the Jury who after the Lord Chief Justice had summ'd up the Evidence brought her in Guilty The Trial of Henry Cornish Esq before the Lord Chief Justice Jones at the Sessions House in the Old-Baily on Monday October the 19th 1685. THE Prisoner then and there appearing was arraign'd upon an Indictment of High-Treason for conspiring the Death of the late King and Subversion of the Government c. To which after some Complaints he pleaded Not Guilty desiring his Trial might be deferr'd he having had no notice till last Saturday at twelve a Clock and he could get no Friend to him till eight at Night and then he was permitted to speak with no body but in the presence of the Goaler and had been allowed no Pen Ink or Paper The Court here told him he ought to have none without leave given on a Petition preferred by him He said his Children had petitioned the King the Night before to put off his Trial and it was referred to the Judges and that he did not know whether he was committed for High-Treason
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
manner as well that which is for or against the King or any other Person but could never obtain a Copy of the Indictment nor that the Statute should be read The Jury by which he was tried was not as he is informed summoned by the Bailiffs of the several Hundreds after the usual and legal manner but Names were agreed on by Mr. Graham and Mr. Burton and the Under-Sheriff and Directions given to the Bailiff to summon them and being all so chosen a Copy of the Pannel was of no use to him When they came to be called he excepted against some for being your Majesty's Servants which he hoped should not have been returned when he was prosecuted at your Majesty's Suit many others for not being Free-holders Which Exceptions he thinks were good in Law and others were lewd and infamous Persons not fit to be of any Jury but all was over-ruled by the Lord Chief Justice and your Petitioner forced to challenge them peremptorily whom he found to be picked out as most suitable to the Intentions of those who sought his Ruin whereby he lost the Benefit allowed him by the Law making his Exceptions and was forced to admit of Mechanick Persons utterly unable to judg of such a Matter as was to be brought before them This Jury being sworn no Witness was produced who fixed any Thing beyond Hear-say upon your Petitioner except the Lord Howard and them that swore to some Papers said to be found in his House and offered as a second Witness and written in a Hand like to that of your Petitioner Your Petitioner produced Ten Witnesses most of them Men of Eminent Quality the others of Unblemished Fame to shew the Lord Howard's Testimony was inconsistent with what he had sworn before at the Trial of the Lord Russel and declared under the same Religious Obligation of an Oath as if it had been legally administred Your Petitioner did further endeavour to shew That besides the Absurdity and Incongruity of his Testimony he being guilty of many Crimes which he did not pretend your Petitioner had any knowledg of and having no other hope of Pardon but by the Drudgery of Swearing against him he deserved not to be believed And similitude of Hands could be no Evidence as was declared by the Lord Chief Justice Keeling and the whole Court in the Lady Carr's Case so as that no Evidence remained against him But whosoever wrote those Papers they were but a small Part of a Polemical Discourse in Answer to a Book written about thirty Years ago upon General Propositions applied to no Time or any particular Case so that it was impossible to judg of any Part of it unless the Whole did appear which did not the sense of such Parts as were not produced could not be comprehended unless the Whole had been read which was deny'd The Ink and Paper shewed them to be written many Years ago the Lord Howard not knowing of them they could have no concurrence with what your Petitioner is said to have designed with him and others the Confusion and Errors in the Writing shewed they had never been so much as review'd and being written in a Hand that no Man could easily read they were never fit for the Press nor could be in some Years though the Writer of them did intend it which did not appear but they being the only present crude and private Thoughts of a Man for the exercise of his own Understanding in his Studies and never shewed to any or applied to any particular Case could not fall under the Statute of 25 Edw. 3. which takes Cognizance of no such Matter and could not by construction be brought under it such Matters being thereby reserved to the Parliament and is declared in the Proviso which he desired might be read but was refused Several Important Points of Law did hereupon emerge upon which your Petitioner knowing his own Weakness did desire that Counsel might be heard or it might be reserved to be found especial but all was over-ruled by the Violence of the Lord Chief Justice and your Petitioner so frequently interrupted that the whole Method of his Defence was broken and he not suffered to say the tenth Part of what he could have alledged in his Defence so the Jury was hurried into a Verdict which they did not understand Now forasmuch as no Man that is oppressed England can have Relief unless it be from your Majesty your Petitioner humbly prays that the Premisses considered your Majesty would be pleased to admit him into your Presence and if he doth not shew that it is for your Majesty's Honour and Interest to preserve him from this sad Oppression he will not complain though he be left to be destroyed The Trial of Charles Bateman Chirurgeon At the Session's-House in the Old-Baily on Wednesday Decemb. 9.1685 HIS Indictment was for High-Treason in conspiring the Death of the late King To which after some offer to have said something for himself in order to put off his Trial which Mr. Recorder would not admit of he pleaded Not Guilty Then urging his unpreparedness want of notice of his Trial and great indisposedness by reason of his close Imprisonment for ten Weeks he desired his Trial might be put off but it would not be granted His Jurors were Richard Aley Esq Richard Williams John Cannum Patrick Barret John Palmer James Raynor Edward Redish George Lilburn Daniel Fouls Peter Floyer Lawrence Cole John Cooper To whom the Indictment being read Mr. Phips Counsel for the King opened the Case and was seconded by Mr. Serjeant Selby and Mr. Charles Moloy Then Josias Keeling being called and sworn deposed in general concerning his being at divers Meetings wherein the Methods had been proposed about an Insurrection and that the Prisoner was looked upon as a Person fitting to manage one Division in order thereto c. but could not particularly charge him with any thing upon his own knowledg Thomas Lee deposed that Mr. Goodenough told him The Prisoner was to manage one Division and going to him about it from Mr. Goodenough he plainly perceiv'd he was no stranger to it nor bogled to give his Assent and seemed very desirous to speak with Mr. Goodenough about it That going one day with the Prisoner to the late Duke of Monmouth's House the Prisoner after he had had some Discourse with one of the Duke's Servants came to him and told him the Duke was willing to engage in the Business and assur'd him that he had divers Horses kept in the Country to be in a readiness when Matters should come to Extremity That from thence going with him to the King's-Head Tavern they had Discourse to the same effect there That from thence to the Devil-Tavern where the Prisoner proposed the seizing the City Tower Savoy White-Hall and the Person of the late King and promised not to be wanting therein That at another time meeting him at the Half-Moon Tavern in Aldersgate-street the design of all which
burnt in the Hand for Felony and afterwards pardoned can be a good Witness Which being granted him he named Mr. Jones Mr. Saunders and Mr. Darnel for his Counsel But Mr. Saunders was not in Court and Mr. Jones said he was not prepared to speak But Mr. Darnal gave his Opinion in the Negative alledging for it 11. Henry 4.41 and 9. Jac. and the Lord Cook p. 154. To which the Attorn General and Mr. Justice Jones asserted the constant Custom and Practice of the Court the same did Mr. Sol. General and Mr. Recorder Then Mr. Justice Raymond went down to the Court of common-Common-Pleas to know their Opinion who brought word that it was the Opinion of their Brethren That a Man convicted of Felony and not burnt in the Hand a Pardon could not set him Upright but being convicted and burnt in the Hand they suppose he is a Witness Then Mr. Dangerfield was sworn who deposed That about 12 Months ago the Lady Powis sent him with a Letter to the Prisoner who writ back an Answer which the Lady Powis read to him and Mrs. Cellier the Contents of which were This Person I like well and though he be no Scholar he will serve to instruct the Youths as he shall be directed By the Youths he said was meant the St. Omers Witnesses whom the Prisoner was employed to instruct what to say before the Trial. That his Lordship employed him to get Lane out of the Gate-house That his Lordship was concern'd also in those Letters which related to the promoting of the Sham-Plot and were to be conveyed into the Houses of several Persons of Quality and sent 40 s. for his part to pay for copying them That the next day after he had been treated with in the Tower to kill the King which he refused he waiting upon the Prisoner his Lordship ask'd him why he would refuse to kill the King it being that for which he was took out of Prison and was violently angry with him upon which he left him After this the Prisoner began his Defence and against Oates produced a Record which was read in Court of his prosecuting a Man of Buggery at Hastings whom the Jury Acquitted After which coming to London he was converted to be a Papist by one Hutchinson whom since Oates hath converted to be a Protestant which Mr. Hutchinson then appearing testifyed but talking extravagantly the Court was informed he was a distracted Man Then one Armstrong appeared to testify that Mr. Oates was only a Common Scholar at Vallidolid and one Mr. Palmer that he was but the same at St. Omers Then Hilsley affirm'd That he left Oates at St. Omers in April and did not come over with him and to corroborate his Testimony one Osborn affirmed that Mr. Hilsley told him so about the latter end of April Then one Mr. Gregson at whose House Dr. Oates Iodged appeared only to testify to the Poverty of Oates and that he had nothing but what the Jesuits allowed him Then Mr. Littcot testified that he knew nothing of the Divorce but the Court refused to hear such Evidence as not being to the Purpose Then the Records were produced against Dangerfield of his being burnt in the Hand Outlawed for Felony and twice Pilloryed for putting away false Guineys and a gilt Shilling Then Mrs. Cellier testified that Dangerfield told her of the Prisoner's Anger this time 12 month which Dangerfield said was in August last and that she would have sent him with a Letter but he refused to go near his Lordship And Bennet Dowdal said That Dangerfield told him in June of the Prisoner's Anger and that it was because he went to the Tower and his Lordships Name unknown to him The Lady Powis affirmed also That she never sent a Letter by Dangerfield nor never read one to him in her Life and Mrs. Cellier affirm'd the same Sir Richard Barker then deposed of his seeing Oates in June and that his Servants told him they saw him in May 78 Then one Turner deposed That he saw Dangerfield with the Prisoner as he believes in July And one Woodman deposed that carried a Letter from Mrs. Cellier to the Prisoner and brought back 30 s. or 3 l. but for whom he knows not Then the Prisoner would have cleared his Reputation about instructing the Youths but the Court judg'd it needless Therefore Mr. Attorney General summ'd briefly up the Evidence and the Ld. Ch. Justice did the same both taking Notice of the Exceptions made against Dangerfield's Evidence leaving it to the Jury whether he ought to be believed or no and if not that then there would be but one Credible witness After which the Jury withdrawing for a while brought in their Verdict Not Guilty The Trial of John Giles Gent. at the Sessions-House in the Old-Baily on Wednesday July 14. 1680. THE Prisoner then and there appeared having been before Arraigned and pleaded not Guilty to an Indictment for a Barbarous and Inhumane Attempt to Assassinate and Murther John Arnold Esq one of his Majesty's Justices of Peace for the County of Monmouth and now a Member of the Honourable House of Commons The Jury sworn were Christopher Plucknet William Dodd Anthony Nurse John Burton Nathan Goodwin George VVood. James Partridge Laurance VVood. John Bradshaw VVilliam Withers Edward Proby Richard Bromfield To whom the Indictment being read Mr. Gibbs Mr. Holt and Mr. Thompson being of Counsel in this Cause for the King opened the same After which Mr. Arnold himself was sworn and deposed That upon April 15. being Thursday in Easter-Week last he was with some Company at the Devil-Tavern till 10 or past and recollecting he had Business with Mr. Phillip's a Counsellor at Law in Bell-yard that Night he left his Company and his own Servants being out of the way he went to the Room where several of his Neighbour's Servants were and called to some of them to go with him but it happen'd he went away without them And as he went cross Fleet-street he saw two Men in Campaign-Cloaks follow him whom he thought to be Servants belonging to some of his Company who had followed him on his calling But as he went into Bell-yard one of them got before him and turned and looked earnestly in his Face whom passing by when a Woman stood in a Door about the middle of Bell-yard with a Candle in her hand he saw to be this Prisoner at the Bar to whom when his Companion came up he heard them laugh aloud He took no Notice but went on and at the Kennel at the end of Jackanapes-Lane he looking down to find the Kennel a Cloak was thrown over his Head and then he found very rough Hands about his Shoulders and they can him into Jackanapes-Lane just cross the Lane against the opposite Wall and run his Head so hard that he thinks they broke it and then struck him and at the second blow he fell running him through his side into the Belly Then recovering he made what
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
against the present or the former King and that he had a material Witness in Lancashire 140 Miles off The Court told him they had ho power to put off his Trial and the King had left him to the course of the Law He complained he had no Copy of the Pannel but was answered it was not his right to have it and the Attorney General told him he had not deserved so well of the Government as to have his Trial delayed He desired then Pen and Ink and having challenged thirty five the Jury were sworn which had passed upon Mrs. Gaunt To whom the Indictment was read and opened by Mr. Phips and Mr. Attorney General and then Colonel Rumsey deposed that about the latter end of October or beginning of November the Earl of Shaftsbury desired him to go to Mr. Shepherd's House where was a meeting of the D. of Monmouth Ld. Russel Ld. Grey Sir Thomas Armstrong Mr. Ferguson and Mr. Shepherd He came late and they were just upon going away He deliver'd his Message and they told him that Mr. Trenchard had disappointed them He had not been there above a quarter of an Hour but Mr. Shepherd was called down and brought up Mr. Cornish who excused his not coming sooner and said that he could not stay for he was to meet about the Charter Whereupon Mr. Ferguson opened his Bosom from under his Stomacher pulled out a Paper They told Mr. Cornish they had had it read and desired to read it to him Mr. Ferguson read it while Mr. Shepherd held the Candle and afterwards asking Mr. Cornish how he liked it he said he liked it very well The Paper was a Declaration to have been dispersed when the Rising was which was intended about that time and 2 Points he observed and very well remembred the one was for Liberty of Conscience the other for Restoration of Church or King's Lands to them that would assist Mr. Cornish said he liked the Declaration and what poor Interest he had he would join with it That he had been acquainted with Mr. Cornish about 14. Years and had had great concerns together he having returned 3 or 400000 l. for him in 6 years Time while he was Collector of the Kings Customs at Bristol that Mr. Cornish was a very honest Man and it was out of Compassion he had not accused him before Then Goodenough was sworn and his Pardon read who deposed That there was a Design to rise in London and the City was divided into 20 parts and design'd out of each part to raise 500 Men who were to take the Tower and drive the Guards out of Town Before this was agreed on by chance he was at Mr. Cornish's House about the business of the Riot and discoursing alone with Mr. Cornish he said The Law will not defend us some other way was to be thought on Mr. Cornish reply'd he wondred the City was so unready and the Country so ready that he reply'd there was something thought to be done here but that in the first place the Tower ought to be seized where the Magazine is Mr. Cornish paused a little and said I will do what good I can or what I can or to that purpose He afterwards met Mr. Cornish on the Exchange who asked him how affairs went to which he gave a general Answer that not being a Place to talk in of such Discourse To this the Prisoner said It was strange that Col. Rumsey seeing him at Shepherd's about such a thing should never mention it to him afterwards so often as he saw him Protesting his ignorance and appealing to God urging the Improbability and adding that Rumsey at the Lord Russel's Trial swore that he had nothing else to swear against any Man And against Goodenough he urg'd the ill Opinion he had of him and that he never was with him but about the Business of the Riot which he manag'd as their Attorny And I tell you said Mr. Justice Withens then that was a Branch of the Plot take that from me Then Mr. Gosfright testified that Mr. Cornish opposed Mr. Goodenough's being Under-Sheriff and said he would not trust an hair of his Head with him he was so ill a Man obnoxious to the Government and had done ill things and he believ'd Mr. Cornish and Mr. Goodenough were never reconcil'd upon it Alderman Love and Mr. Jekyl testified to the same purpose which the Ld. Ch. Just had scarce Patience to hear saying it was all impertinent and Mr. Just VVithens said of Mr. Jekyl This Gentleman was in a limb of the Plot himself as great a Rioter and as hot as any of them Sir William Turner then testified to Mr. Cornish's aversness to Goodenough's being Under-Sheriff Mr. Cornish then call'd Dr. Tillotson and Dr. Sharp to testify as to his Conversation but neither appear'd Mr. Lane then testify'd that in the Printed Trial of the Lord Russel Rumsey swore he did not hear the Declaration read but he not hearing it himself that was no Evidence Then Dr. Calamy the Minister of his Parish testify'd that he did come often to Church and receive the Sacrament Then also Mr. Reeve Mr. John Cook Mr. John Knap Mr. Carlton Mr. Joseph Smart and Mr. VVilliam Crouch all testify'd as to his Conversation and Loyalty whence he argu'd the Improbability that he should be so concern'd After which the Ld. Chief Justice summ'd up the Evidence and the Jury withdrew and after a considerable time returned And then the Prisoner begg'd one Word desiring to call Mr. Shepherd whom out of tenderness to offend he had omitted though he had him in his Note which with much ado was granted him as a great favour of the Court. And then Mr. Shepherd testify'd that he was Subpoened by Mr. Cornish before by the King and was desired by Mr. Cornish's Son to be at his Trial and had been attending in Court from eleven to three That Mr. Cornish at one of those Meetings at his house came to speak a few Words with the Duke of Monmouth or some other he could not be positive it being so many years ago that he stay'd not above half a quarter of an hour in the house and that there was not one word read nor no Paper seen while he was there and that he never was at his house but once when the Duke of Monmouth was there nor does he remember that Rumsey was there while he was nor that the Declaration was read that night He remembred a Declaration was read which Ferguson pull'd out of his Shoe but was positive Cornish was not by because he was not look'd upon to be one of the Company That there was now an Accompt depending between him and Mr. Cornish whereon there was about one or two hundred Pounds due to Mr. Cornish Then Mr. Sol. Gen. sum'd up the Evidence And the Jury withdrawing for a short time brought Mr. Cornish in Guilty and found 140 l. for the King in Mr. Shepherd's hands Then Mr. Recorder sentenced