The Second Part Of the DISPLAY OF Tyranny OR REMARKS UPON The Illegal and Arbitrary Proceedings in the Courts of Westminster and Guild-Hall London From the Year 1678. To the Abdication of the late King James in the Year 1688. In which time the Rule was Quod Principi placuis Lexesto Printed Anno Anglia Salutis Secundo 1690. Sold by Book-sellers in London and Westminster TO The Eminently Deserving and Highly Honoured Sr Samuel Barnardiston Baronet Sir YOu are no more able to deliver your self from the Persecution of a dedication than you were in your single Person to stem the dreadful deluge of Popery and Tyranny which very lately brought Old England within an Hair's breadth of that utter Ruin that was manifestly impending Indeed when I first took the resolution of inscribing your honoured Name to the first part of my Scriblings I purposed to have petitioned your Licence so to do but at the time when the thing was finished I was at such a great distance from you that I had not opportunity to do it and therefore being no nearer to you at this time I do implore your Pardon for my Presumption therein and for my repeating that Transgression and do hope that you will the more readily grant it when I have made this publick Acknowledgement to the World in case any thing I have said be deemed offensive which I hope there cannot that Sr Samuel Barnardiston was no way privy to the writing of the First or of this Second part of these Stories and that I can upon very good ground say that he doth not to this day know who is the Collector of them Sir He who is not allowed to use a Sword in his Countries quarrel may surely be indulged in crying out Murder Treason when he sees a Pistol at his Prince's head or a Dagger at his Heart and having with grief beheld that very same Toryism which murder'd the best of Men my good Lord Russell and many others of our best Patriots to be rampant and impudent and as irreconcilably bent against the true Government of England which the glorious and most miraculous providence of Heaven has lately devolved upon our undoubted rightful King and Queen as it was against our late blessed Martyrs for the English Liberties I could not withhold my self from attempting the service of my Generation according to my mean capacity in exposing those Principles and Practices which but t'other day had brought the Kingdom to the very brink of irreparable ruin especially when I see at this very day the Men who had suck'd in that Poison Designing and Plotting not to allure but to dragoon us into French Bondage The truth of it is Sr. I was much irritated to the prosecution of this Work by what I met with in my return from the late Tryal of Skill in Essex when those most worthy Gentlemen Colonel Mildmay and Sr. Fran. Masham were elected Knights for that County I have heard that it hath been an old Observation that tho' many Honourable Reverend and Worthy Persons have frequently voted against your self in Suffolk and against Colonel Mildmay in Essex yet that it hath been rarely seen that a Tory has voted for either of you And it is well remembred that at the time of the mighty strugling between Popery and Christianity in the Critical Year of 1681. the then Lord Chief Justice Scroggs sent for many of the Gentlemen of Essex and told them that whatever they did they must not chuse Mildmay But I have digressed what I was saying is Rigby was one of the Good and True Men whom the great Care of Sr. Dudley North had returned to pass upon my Lord Russel's Life and he stood in that Pannel within two of Oneby who was last sworn that one Mr. Rigby of Covent Garden I name him because he stands indicted in Essex for the Crime I am mentioning returning from voting at that Election upon the 11th of March last being to a high degree enraged that Colonel Mildmay and Sr. Francis Masham were chosen for you must know he was of t'other side said that 't was no matter who carried the day there But if the King would not do as they would have him innuendo himself he knows who besides But I am most certain my Lord of Oxford doth not They would make a King that should do as They would have him And this being upon the Eve of the Fast appointed by their Majesties Proclamation he proceeded adding We must keep a damn'd Fast to morrow This most Loyal Disciple of Sr. Roger's and designed Jury-man for my Lord Russel taking Pet because Colonel Mild may was chosen a Parliament Man must now by all means have a King of his own making and 't is six and twenty to one but if the Silly Woman had pledged him K. James's Health but the next Glass had bin to our Lord Lewis King Elect. but we will eat Roasted Beef and be Drunk He then put a glass of Wine into a very Civil Woman's hand saying Drink King James 's Health and upon her answering him No I deny that but I will drink the Wine he said Damn you for a Bitch would it might poison you where you stand and added A Bitch to deny a Gentleman such a Request She deserves to be Sacrificed Sr. I cannot upon this occasion of Health-drinking hinder my self from remembring the Case of Mr. Elias Best a substantial Citizen but one who had been an Ignoramus Jury-man a great Reproach and an unpardonable Crime in that day as you Sr. very feelingly know He was indicted for the Frolick of drinking to the Pious Memory of Honest Stephen Colledge and condemned to a Fine of 1000 l. to stand Three Times in the Pillory and to give Sureties for the Good Behaviour for Life Upon this Judgment he was imprisoned Three Years to the loss of good Trade and to the ruin of his Health and his Estate and when almost ready to expire he was graciously pardoned upon payment of 200 l. to the Empson and Dudley of the late Reign Graham and Burton 'T is well for Mr. Rigby that the accursed Practices of that day are not to be Presidents in the present benign and most merciful Reign Sr I have no sinister nor mercenary end in emitting these Papers to publick view I write not for reward for I gave away as many scores of the first part of this Tract as the Printer gave me and have not one for my self and I should be vaine to the highest degree to expect applause for so confused and ill digested a Work as this is But I have with a good will tho' in a very feeble manner brandished my Pen for the service of that good old Cause which I ever loved and must love should it cost me my life I mean the Liberties of England and it hath deeply wounded me to hear and know so many instances as I do of the unpunished nay of the uncheckt Seditious and
Pique against him but against the Cause he was engaged in His Wife did go several times to the Lord H. and by her he believes he sent him thanks He knows no solid effects of his kindness if there were he desires the Lord H. to tell him in what He believes no part of the 6000 l was given to the Lord H. He never heard any thing of the D. of Monmouth's Confession of the Plot till after the Paper was signed by the Duke and sent to him He has heard it as common talk that the Duke had confessed a Plot and that Mr Waller told him so indefinitely he could not tell whether he meant before the signing the Paper or no He saith what the Duke did at that time was all of a piece whether speaking or writing he is sure that it was with the utmost reluctancy that the Duke signed the Paper He remembers no more in the Cabinet Council but the Lord Radnor besides those he has already named but believes there were three or four more He was bailed the 28th of November 1683. and Colonel Sidney he thinks was Executed the 5th of December following The Duke of Monmouth appeared very firm to him and engaged to do his utmost to save Colonel Sidney He saith he came out of the Tower some days before Colonel Sidney was Executed he had an intention to have visited him but his Friends thought it useless and dangerous to them and that he might write any thing he had to say Accordingly he wrote to him that he would come to him if he desired it but Col. Sidney charged him not to come but to write if he thought any inconveniency would come of it The Messenger which brought him the Message before-mentioned was Dr Hall now Bishop of Oxford who applyed to the Dutchess of Portsmouth for his Release but her answer to him afterwards was That she had tryed and could do nothing for they would rather have him rot in Prison than have the 40000 l. Dame Katharine Armstrong being examined deposed that she demanded a Writ of Error of the Cursitor of London for Sr Thomas Armstrong and told him she was ready to pay all due Fees but he told her she must go to the Attorney General and she demanded it publickly in Court of the Lord Keeper North but he said it was not in him to give but the King Mrs Jane Mathews being examined said that her Father was sent to Prison and could have no Council admitted to him nor any Friends speak with him but in the presence of his Keeper he had one Chain on him and was kept close Prisoner she saith she questions not but to prove the Lord Howard perjured for Sr Thomas could have proved by ten Gentlemen and the Servants of the House those base Reflections the Lord Howard made on him to be falshoods She saith her Father demanded his Tryal and also Counsel in the Court but was denied both the Chief Justice Jefferies telling him they had nothing but the Outlawry to go on Withens Holloway and VValcot were other three of the Judges And she thinks he was brought from aboard the Yatch by the Lord Godolphin's Warrant She saith Mr Richardson beat her Sister while she was asking her Father Blessing She saith that her Father was at Sparrow's at Dinner that day that the Lord Howard swore he was not and she saith that when her Father in Court said My Blood be upon you The Lord Chief Justice Jeffryes said let it let it I am Clamour proof Mrs Katherine Armstrong being examined saith That Captain Richardson used her Father ill and made him lie in a Chain on one Leg and would not let her see him alone and was rude to her and struck her in such manner that she had so fore a Breast that she could not put on Bodies in three quarters of a year She saith she went with her Mother to the Cursitor of London to demand a Writ of Error but he refused it She went also on the same Errand to the Lord Keeper North Mr Attorney and the Lord Chief Justice but had none Mr Richard Wynne declared That he was Solicitor to Colonel Sidney That the Colonel excepted against several of the Judy to some as not being Freeholders and others as being in the King's Service and receiving Wages from his Majesty That presently after the Tryal the Lord Chief Justice sent him Prisoner to the King's Bench Mr Wynne said this to Angier the Foreman of that murdering Jury and to Glisby another of the three Carpenters which were upon that Jury and to another of their Brethren near the King's Bench Court whereupon they went to lay hold upon Mr. Wynne at which instant Mr Forth the King's Joyner coming interposed upon which Angier said Mr Forth will you assist this Man he says Colonel Sidney's Jury was a Loggerheaded Jury To which Mr Forth answer'd I have nothing to do with the Jury but Glisby knows that I know he it a Loggerhead Of this They complained to Jeffryes who committed Mr Wynne and Mr Forth to the King's Bench It cost Mr Forth about 50 l. whereof Burton had 24 l. and he being a Protestant Joyner he ' scap'd well out of their Hands as times then went especially with that Trade for saying the Jury were a Loggerheaded Jury that They had not Evidence sufficient to find such a Verdict or found a Verdict contrary to Evidence Mr Serjeant Rotherham being examined declared That he was of Counsel for Colonel Sidney and drew a Plea for him which the Colonel desired to have read and threw it into the Court It was to distinguish the Treasons laid in the Indictment and quoted the three Acts of Treason But the Court told him if the Plea had any slip in it he must have Judgment of Death pass on him immediately After this he pleaded Not Guilty That he demanded a Copy of the Indictment as his due but the Court refused it him That Col. Sidney told him that they proved the Paper they accused him of to be his Hand-writing by a Banker who only had his hand upon a Bill Col. Sidney quoted the Lady Carr's Case in the King 's Benels Trinity Term 1669 Anno 21. Car. 2. wherein it was adjudged that in a Criminal Case 't is not sufficient for a Witness to swear he believes it to be the hand but that he saw the party write it The words in the Case are That it must be proved that she actually writ it and not her hand â—ut credit Note Colonel Sidney demanded the Copy of the Indictment upon the Statute 46 Edw. 3. which allows it to all Men in all Cases That Colonel Sidney ask'd him with the rest of the Council whether all the Book should be read at his Tryal The Council said it ought The Book was by way of Questions and meerly polemical discourse of Government in general as far as Serjeant Rotherham could find after reading in it several hours He
the same entertainment which King Charles the second ever gave to the Councils offered to him in favour of the Protestant Religion and of the true English Government however the honest zeal and undaunted Courage of these Noble Lords made deep impressions upon the Breasts of all true Lovers of the Laws and Liberty of their Country And the Citizens of London in Common-Hall assembled upon the 4th of February 1680. spoke their Approbation of their Loraship's Noble Enterprize in what follows which was agreed upon with a general and loud Acclamation of thousands of Citizens To the Worshipful Slingesby Bethel and Henry Cornish Esquires Sheriffs of London and Middlesex WE the Citizens of the said City in Common-Hall assembled having diligently perused the late Petition and Advice of several Noble Peers of this Realm to his Majesty whose Counsels We humbly conceive are in this unhappy juncture highly seasonable and greatly tending to the safety of these Kingdoms We do therefore make it our most hearty request that you in the Name of this Common-Hall will return to the Right Honourable the Earl of Essex and by him to the rest of the Noble Peers the grateful Acknowledgment of this Assembly By these means and indeed by the whole Course of this Noble Lord's Life which was a steady Course of Exemplary unshaken Vertue and shew'd an unalterable affection to the true Religion and detestation of Tyranny He became insupportable to those whose Study was Mischief and to whom no Person was acceptable but such as they found disposed to betray the Protestant Religion and the Rights of England to their Popish and Despotick Designs and therefore from this time they grew more assiduous to contrive his Destruction The Conspirators well knew that this Great Man had most deservedly acquired a mighty share in the hearts of the People And that as he knew very much of their Designs so that he was not by any arts or allurements to be Cozen'd or tempted to a Complyance therewith therefore as They told the brave Colonel Sidney he must dye that their Plot might live and to avoid the Reproach of bringing the Son to the Block by that very Prince for whom the Father had lost his Head and which is also very probable to prevent his discovery of what he could tell and others knew not They condemn him without a Tryal and in a most barbarous manner Murder him in the Tower But Heaven intending to bring this accursed Assassination of the brave Earl of Essex to light a report of very suspitious Circumstances in relation to that matter was instantly spread and reached the Ears of Mr Braddon a Gentleman of great Integrity and of no less Courage whose honest Zeal prompted him to look into that hellish Intrigue and to endeavour a full discovery of that horrid Villany but that Season not allowing it he and Mr Speke were run upon and with great fury prosecuted in the manner following They were brought to Tryal upon an Information charging them with Subornation and endeavouring to raise a belief that the Earl of Ess did not murder himself The Judges then in Court were The Lord Chief Justice Jeffryes Judge Withens and Judge Holloway The Jury Sr Hugh Middleton a Papist Thomas Harriot Thomas Earsby Joshua Galliard Richard Shoreditch Charles Good Samuel Rouse Hugh Squire Nehem. Arnold John Byfeild William Waite James Supple The King's Council were Attorney General Sawyer Solicitor General Finch Jenner Recorder of London Mr Dolben Mr North Mr Jones Council for the Defendants were Mr Wallop Mr Williams Mr Thompson Mr Freke Mr Dolben opened the Information to this effect That whereas the Earl of Essex upon the 10th of July last was committed to the Tower for Treason and did there Murder himself as was found by the Coroner's Inquisition yet the Defendants designing to bring the Government to hatred the 15th of August conspired to perswade the King's Subjects that the said Earl was Muedered by certain Persons unknown and to procure false Witnesses to prove that he was not felo de se but was Murdereds and that they did malitiously declare in writing that Mr Braddon was the Person that did prosecute the said Murder to the scandal of the Government c. Then the Attorney General brought in Evidence Sr Leoline Jenkins his Warrant for the Commitment of the Earl to the Tower and the Inquisition of Mr Farnham the Coroner taken by this Jury July 14th 1683. viz. Samuel Colwel William Fisher Thomas Godsell Thomas Hunt Natha Mountney Thomas Potter William How Robert Burgoyne Eleazar Wickens Thomas Hogsflesh Henry Cripps Richard Rudder William Knipes John Hudson John Kettlebeater Lancelot Coleson Morgan Cowarne Thomas Bryan William Thackston Richard Cliffe Zebediah Prichard William Baford and Theophilus Carter Which Jury had found that the Earl of Essex was Felo de se Then the Witnesses for the King being called Mr Evans was sworn and the Attorney General suggested that he and old Mr Edwards would prove that Mr Braddon went about and declared that the Earl of Essex was Murdered and that he was the Prosecutor of the Murder but neither of them answered expectation in that matter Mr Evans testified that Mr Edwards told it to him and others for News at the Custom-House that fore-noon of the day of the Earl of Essex his death that his Son said that he saw a Razour thrown out of the Earl's Window That upon the Munday after which was July the 16th Mr Braddon came with Mr Hatsel to his House where Mr Hatsel shewed him the Coroner's Inquisition in Print which having read Mr Evans told Mr Hatsel what he had heard from Mr Edwards at the Custom-House And he said that Mr B. did not concern himself or say any thing though he might hear Mr Evans his discourse with Mr Hatsel he being walking about the Room Mr Evans added that upon the 17th of July Mr Edwards and Mr Braddon found him in a Coffee-House and Mr Edwards then told him that Mr Braddon had been with him examining his Son about a Razour that was thrown out of the Earl of Essex his Window Mr Edwards testified that about ten of the Clock the day of the Earl's death he was informed by his Family and by his Son that same day at noon that his Son came from the Tower about ten of the Clock and said that he had seen the King and Duke and that the Earl of Essex had cut his own Throat and that the Boy saw an hand throw a Razour out of the Window and a Maid in a white Hood came out of the House and took it up and then go in again and that he heard a noise as of Murder cryed out Mr Edwards acknowledged that he told several at the Custom-House the same day what the Lad had declared and that Mr Bradden came not to make enquiry about it till Tuesday the 17th of July before which time he never knew Mr Braddon that he then told him what report the
believes it consisted of seven or eight hundred Sheets Mr Joseph Ducas upon his Examination informed the Lords in substance as follows That Colonel Sidney was taken up by a Messenger before there could be any pretence of proof against him for the Lord Howard the only Witness was not seized till fourteen dayes after That when Sr Philip Floyd seized and carried away Colonel Sidney's Papers he promised him that the Trunk and Pillowbeere in which they were sealed up should not be opened but in the Colonel's presence but that promise was not performed That they seized the Colonel's Goods and Money in the City and Country five or six Months before any Indictment was found against him That the Colonel was brought to Westminster the 7th of November by an * A most clear demonstration that the Prosecutors of this great Man had good Intelligence with the Grand Jury Influence upon them Habeas Corpus sent the day before to be arraigned upon an Indictment tho' no Indictment was then found against him and they kept him in a Tavern in the Palace-yard an hour till they had got the Grand Jury to find the Indictment That the Colonel being carried to the Court of King's Bench and the Indictment read he demanded a Copy thereof but the Court refused it That the Colonel offered a Special Plea engrossed in Parchment and desired it might be read but the Chief Justice said that if the Attorney General demurred and the Plea were over-ruled Judgment of Death should pass upon him and Wythens said if your Plea be over-ruled your Life is gone and so he was forced to Plead Not Guilty That he challenged several of the Jury as being the King's Servants and others as not being Freeholders but was over-ruled therein Some Gentlemen and very worthy Persons were for Fashion sake put into the Pannel and called but did not appear and it may be reasonably thought they were never summoned That Colonel Sidney was informed that when the Jury was withdrawn the Chief Justice under pretence of going to drink a Glass of Sack went to the Jury when they were consulting about their Verdict That when it was demanded of the Colonel what he had to say why Judgment should not pass he urged several points of Law but was over-ruled in every thing To this effect was the Information of Mr Ducas a very valuable French Protestant Gentleman and Colonel Sidney's true Friend To which I shall here subjoyn a few words uttered by that great Man at the time of his Condemnation I was brought to VVestminster the 7th of this Month by * This leads me to correct an Error committed in the first part of this History pag. 185. where I said as I then understood it that Colonel Sidney brought the Habeas Corpus but it appears that it was brought at the instance of his Prosecutors And upon this occasion I shall confess another mistake therein all with which I have been charged in the first part that I said Robert Masters one of Sr S. Barnardiston's Jury was a principal Witness against Colledge But I must acknowledge that Richard was the Witness Robert the Jury man was his Brother and only suck'd the same Milk with him Habeas Corpus granted the day before to be arraigned when yet no Bill was exhibited against me and my Prosecutors could not know it would be found unless they had a Correspondence with the Grand Jury That the Jury was not summoned by the Bailiff but agreed upon by the Vnder-Sheriff and Graham and Burton Upon the Sentence he expressed himself in that excellent manner which the Reader may turn to in the first part of the Display of Tyranny Page 200. Whereupon the Chief Justice foaming at the Mouth told him he was mad To which Colonel Sidney with great composure and gallantry of mind stretching out his hand said My Lord feel my Pulse and see if I am disordered I bless my God I never was in better Temper than I now am Dr. Chamberlaine being examined deposed That meeting the Lord Hallifax in the Gallery at White-hall he asked his Lordship whether the Aldermen were to blame that defended the City Charter and he believes he did not blame them but said the King must or will have the Charter he rather thinks it was must have it he believes he might tell this to the Duke of Monmouth my Lord Russell and others That it was for Sr John Laurence's sake he asked the Lord Hallifax and to him he gave advice to take care in what he did he being one of the Committee to defend the Charter A Memorial of the Numbers of Charters Dispensations and Pardons passed between October 1682 and the time of the late King's Abdication THe Marquess of Hallifax was Lord Privy Seal from October 1682. to February 1684. In which time 166 Charters were granted whereof one passed immediatè No Dispensations passed in that time In that time 47. Pardons with Non-Obstante's and Clauses with Dispensations were granted whereof three passed immediatè The Earl of Clarendon was Lord Privy Seal from February 1684 to December 1685. in which time 94. Charters were granted whereof 17 passed immediate No Dispensations passed in that time In that time 10 Pardon with Non-Obstante's and Clauses with Dispensations were granted whereof two passed immediatè The Lord Tiveot and others were Commissioners of the Privy Seal from December 1685. to March 1686 7. in which time 26 Charters were granted which passed in the usual manner Dispensations with the Penal Laws in that time were Six whereof one was immediatè In that time 70. Pardons with Non-Obstante's were passed whereof one of them immediatè The Lord Arundel of Wardour was Lord Privy Seal from March 1686 7. to 4 Jacobi 2. in which time 56 Charers were granted whereof 41. passed immediatè Dispensations in that time were 35. whereof 3 passed immediate In that time were 47 Pardons with Non-Obstante's passed whereof 25 passed immediate These are the heads of the Earl of Stamford's Report which being read in the House of Lords the same was by Order sent down to the House of Commons for their Information in these Affairs Copies of some Papers mentioned in or relating to the forgoing Informations Copy of the Advertisment in the Gazette Number 1880. November 26. 1683. relating to the Duke of Monmouth mentioned in the Examinations of Mr Row and Mr Yard WHite-hall November 25. His Majesty having this afternoon called an Extraordinary Council was pleased to acquaint them that the Duke of Monmouth did the last night surrender himself to Mr Secretary Jenkins having before writ a very submissive Letter to his Majesty entirely resigning himself to his Majesty's disposal That his Majesty his Royal Highness went down to Mr Secretary's Office where the Duke of Monmouth was who shewed himself very sensible of his crime in the late Conspiracy making a full Declaration of it And that having shewed an extraordinary penitence for the same and