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
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
1684. was brought from thence by Habeas-Corpus to the Bar at the King's-Bench at Westminster where being Arraign'd he was told of his being Indicted and Outlaw'd and thereby Attainted for High-Treason and ask'd what he had to say why Execution should not be awarded against him upon that Attainder To which be reply'd that since he had made an Ingenuous Confession to his Majesty of all that he knew of any manner of Conspiracy against him he hoped That would render him Capable of Mercy and Pardon Upon which the Attorny-General offer'd him a Trial that if he had any thing to say he Defend himself from the Indictment but he Confessing himself Guilty of many things therein declin'd it and threw himself wholly upon the King's Mercy But the Court telling him that the King was the Dispenser of his own Mercy and that they were only to Execute his Justice gave a Rule for his Execution upon Wednesday Sevennight after there being no other Judgment to be pronounced in such Cases as the Court told the Attorny-General when he moved for it the Outlawry it self being the Judgment Which accordingly was Executed upon him on Wednesday the 30th of April 1684. at Tyburn Proceedings in the Court of King's-Bench against Sir Thomas Armstrong June 14. 1684. Sir George Jefferies being Lord Chief Justice SIR Thomas Armstrong Kt. was upon the 14th of June 1684. brought by a Writ of Habeas-Corpus from Newgate to the Bar of the Court of King's-Bench at Westminster and there Arraign'd upon an Outlawry of High-Treason for conspiring the Death of the King c. And being ask'd what he had to say for himself why Sentence should not be awarded against him upon that Attainder pleaded his being beyond-Sea at the time of the Outlawry and desired to be tried upon the Indictment Which the Court refusing to grant him he pleaded the Statute of the 6th of Edw. the 6th which gives the Person Outlaw'd a Year's time to reverse the Outlawry and desired it might be read which accordingly was done But it appearing by the Statute That the Person Outlaw'd ought to render himself to the Chief Justice of England within a Year's time Sir Thomas was told this did not concern him for he had not rendred himself but was taken and brought thither against his Will To which he answered That the Year was not then expir'd fie was there and did now render himself and pray'd Counsel might be assign'd him to argue it in Point of Law but the Court over-rul'd him in it telling him There was no such Doubt or Difficulty in the Matter as to need any such thing Upon which insisting much upon his Innocency and offering to make proof of it if he might be admitted to a Trial he produc'd Holloway's Case as a Precedent for it who had but a little before been offer'd it at the same Place but the Court told him that what had been done therein was meerly from the King's Grace and Mercy and that the King might extend the same Mercy to him also if he so pleas'd but since he had not done so and it not being their Business they must proceed to award Execution upon the Outlawry Upon which Mrs. Matthews Daughter to the Prisoner call'd out to the Court not to Murder her Father For which the Chief Justice caus'd her to be committed to the Marshal and accordingly she wishing that God Almighty's Judgments might light upon them was carried away the Chief Justice saying That he thanked God he was Clamour-proof After which the Attorn Gen. offered to shew the Reasons why the King extended that Grace to Holloway but ought not to extend it to Sir T.A. as not at all deserving any sort of Indulgence or Mercy but that having relation to the Evidence and not to the Outlawry the Court refus'd to hear any thing of it and so proceeded to give a Rule for his Execution the Friday following telling him upon his earnest pressing to have the Benefit of the Statute he had cited the he should have the Full Benefit of the Law And accordingly on Friday the 20th of June he was Executed at Tyburn Mrs. Matthews upon a Petition being before releas'd out of Custody without Fees The Trial between Sir William Pritchard Kt. and Alderman of the City of London Plaintiff and Thomas Papillon Esq Defendant in an Action upon the Case at the Sessions of Nisi Prius holden for the Court of Kings-Bench at the Guild-hall in the City of London on Thursday the 6th of November in Michaelmas Term in the 36th Year of the Reign of King Charles the Second 1684. Before Sir George Jefferies Kt. and Baronet then Lord Chief Justice of the said Court of Kings-Bench SIR William Pritchard late Lord Mayor of the City of London having in Easter Term last brought an Action upon the Case for falsly maliciously and without probable cause procured him to be arrested and imprisoned in his Mayoralty against Thomas Papillon Esq The Defendant pleaded Not Guilty and thereupon issue being joined it came this day to be tried before the Lord Chief Justice Jefferys and the Jury sworn to try this Cause were these Bartholomew Ferryman Thomas Blackmore Thomas Symonds William Whatton John Green Thomas Amy Joseph Baggs Daniel Chandler John Reynalds John Allen Joseph Caine William Withers jun. Then Mr. Munday being of Counsel for the Plaintiff opened the Case to which Mr. Attorney General added something And then Mr. Solicitor General called Mr. Keeling who being sworn deposed That on April the 24th he being sent for by a Letter from Mr. Goodenough came to Mr. Russel's a Cooks-shop in Iron-monger-lane to meet him where were 30 or 40 Persons together By whom while he was gone for a little while his Name was put into a Warrant to be a special Bailiff to arrest the Lord Mayor which he seeming unwilling to do was urged thereto for fear of displeasing the Discontented Party which he said were such as he and the Goodenoughs were of even such as would have killed the King and the Duke that being prevailed upon he went along with the Coroner Mr. Burton and Mr. Francis Goodenough to Grocers-hall where Sir William Pritchard kept his Mayoralty to whom the Coroner came up and said he had a Warrant against him and therefore pray'd him to give an Appearance at the Suit of Mr. Thomas Papillon and another at the Suit of Mr. John Dubois whereupon some Words passed between them and the Lord Mayor refusing to give any Appearance the Coroner bid us execute our Warrants upon which he came up to the Lord Mayor and touched him upon the Shoulder telling him that he did arrest him at the Suit of Thomas Papillon Esq and one Ferdinando Burley arrested him then again at the Suit of Mr. John Dubois and then the Coroner dismissing them and taking the Lord Mayor into his own Custody he went thence to Sir Henry Tulse's and arrested him also Then Sir Henry Tulse being called and sworn deposed that about
of the Season had chang'd their Opinion so that now they disbelived that which they believed before and perhaps for as little Reason as they believed him at first For he could not expect that a Man who believes without a Principle should not recant that Belief without a Reason But the Court call'd this a Reflection and spar'd him not for it The other part of his Defence consisted of his endeavouring to prove that he was here seen in London in April and May 1678. To this end Mrs. Cicilia Mayo Sir Richard Barker's House-keeper deposed That she saw Dr. Oates at her Master's House in Barbacan the latter end of Apr. or beginning of May being about a Week before Whitsontide in that Year the Plot broke out That the Coachman told her he had been there once or twice before but this was the first time she saw him he having on grey Clothes a white Hat and a short Periwig and dined there with her Lady's Sister and others Sir Richard being then sick in the Country That he came afterwards when she saw him in black Clothes a longer Periwig which was brown That she never knew the Prisoner before then but they told her who it was Then John Butler Sir Richard Barker's Coachman deposed That he also saw Mr. Oates at his Master's House the beginning of May before the Plot in a disguise having on a grey Coat and white Hat and his Hair cut short but without a Periwig enquiring for Dr. Tongue Mrs. Mayo then also looking upon him in the Court through the Window And that afterwards he came in a Cinnamon-coloured Coat and green Ribbons and a long black Periwig and that he dined there several â—â—mes Then Philip Page Sir Richard Barker's Man that used to make up his Physick for him deposed That he remembred he did see the Prisoner at his Masters in grey Clothes but he was not certain as to the time only he believes it was in May. Then Mr. Walker a Minister deposed he met the Prisoner in a Disguise between St. Martin's-Lane and Leicester-Fields not exactly remembring the Time when only he thought it about a Year and a quarter before he was first examin'd and that the Elm-Trees were then budded forth as big as an Hazle-Nut After this reflecting on the discredit the St. Omers Witnesses had once been in and of their not prosecuting of this Cause before this time he concluded his Evidence And the King's Counsel proceeded to answer his Defence producing the Records of Sir George Wakeman and Earl of Castlemaine's Trials to prove that his Evidence there was not believed which were read and Sir George Wakeman being sworn deposed what it was the Prisoner then swore against him and protested the falsity of it and his own Innocency The same also the Earl of Castlemain did in like manner And then the Lords Journals were produced where it was recorded that the Prisoner said he could accuse no Body else but those that he named and yet soon after he accused the present King and the Queen-Dowager but this upon search being not found to be a Record upon Oath it was not thought valid Evidence Therefore they proceeded to prove his Subornation of one Clay which was a Witness for the Prisoner at the Trial of the five Jesuits whom now he did not call and of Mr. Smith the School-master of Islington To this end part of Oates's Narative was read out of the Lords Journal wherein he accused this William Smith as concerned in the Plot as endeavouring to vilify the House of Commons c. And then a Certificate was read under Oates's Hand of this Smith's Honesty not three days before the Trial of the five Jesuits whence they would infer he had been tampering with him the which Smith himself being sworn was ready to have deposed but the Ld. Ch. Justice would not admit him to swear that he did forswear himself because such should never have the Countenance of ever being Witnesses again Therefore they proceeded to prove the Subornation of Clay and to this end Lawrence Davenport in whose keeping Clay was in Prison deposed that Sir William Waller and the Prisoner did hang'd for that they could prove him to be a Priest unless he would swear for Oates that he dined with him at Mr. Howards in May which he consented to so he might have his Mony restored that was taken from him saying he had been a Rogue before and did not know what he might be And this another Witness produced swore that Davenport told to him the next day in Prison Then Mr. Howard deposed That Clay was mistaken in his Testimony given at the Trials of the five Jesuits in being July and not May 1678 that he and Oates were at his House about which time there was no question of his being in England Then they read out of Oates's Narrative again wherein he had said how he return'd three or four days after the Consult of April 24 was over observing hence how his own Witnesses contradicted him who had deposed that they saw him here in London the latter end of May. And here the Counsel for the King concluding their Evidence Dr. Oates proceeded with his Defence only shewing out of the Lords Journal a Copy of their Resolve That there was a Plot and of their summoning up before them Thomas Bickley of Chichester for vilifying Dr. Oates and thereupon turning him but out of Commission objecting five things against their Evidence 1. Their Religion A Papist not being a good Witness in a Cause of Religion appealing to the Heavens Which the Ld. Ch. Justice call'd a Common-wealth appeal and bid him to be took away falling very foul upon the poor Doctor But stood in 't that 't was Law and the Lord Cooke's practice quoting Bulstrode's Reports 2d Part 155. He Objected 2. Their Education confessing themselves to be bred up in a Seminary which is against Law quoting 27o. Eliz. cap. 2. and 3. Car. 1. Cap. 2. Which also was over-ruled 3. Their Judgments in Cases of Conscience whereby they own they have Dispensations to swear Lies for the promotion of the Cause 4. It was refused at the Lord Shaftsbury's Trial to suffer the King's Evidence there to be Indicted of Perjury But all this the Ld. Ch. Justice told him was idle and nothing to the Purpose And therefore he went on to sum up his Evidence protesting the Truth of his Evidence and that he was resolved to stand by and seal it with his Blood which the Ld. Ch. Justice told him it was pitty but he should Then Mr. Sol. Gen. summ'd up the Evidence which while he was a doing Dr. Oates beg'd leave to withdraw being weak and ill with the Stone and Gout and having lien in Irons 21 weeks After him the Ld. Ch. Justice summ'd up the Evidence with all the Virulency and Gall his Wit or Malice could assist him And then the Jury withdrawing for about a quarter of an hour deliver'd in their Verdict
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
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
Sacred Majesty for which he had been Arraigned the day before and pleaded Not Guilty And therefore his Jury being Imparinelled and none of them challenged by him the same was read now to them viz. Sir Philip Matthews Sir Reginald Foster Sir John Kirke Sir John Cutler Sir Richard Blake John Bifield Esq Simon Middleton Esq Thomas Cross Esq Henry Johnson Esq Charles Vmphrevil Esq Thomas Eaglesfield Esq William Bohee Esq To this Indictment Sir Creswel Levins Serjeant Maynard and the Attorney General briefly spoke The Attorney General giving this Account why they chose first to bring this Man to trial That it was to convince those who believed all Designs against the King's Person by any Papist was but a Fiction this Man being a Papist and having said these words even since the discovery of the Plot. And for the proof hereof then appeared William Casters who deposed That on the 14th Instant about 11 a Clock in the Day he saw Stayley with another a Frenchman in a Victualling-house who called for a Pot of Ale and a Slice of Roast-Beef which when it was called for his Landlord said it should be brought him He was in another Room opposite to him both the Doors being open Stayley standing at one Door and he at the other his Face strait towards him and within 7 or 8 foot of him and discoursing with the French-man he heard Stayley twice over in French say The King was a Grand Heretick making his Demonstration with his Hand upon his Breast stamping five or six times with his Foot in great fury That the old Man Fromante his Friend said That the King of England was a Tormenter of the People of God and that Stayley answered again in a great fury He is a great Heretick and the greatest Rogue in the World There 's the Heart and here 's the Hand that would kill him And the King and Parliament think all is over but the Rogues are mistaken Then stamping said I would kill him my self I would kill him my self Then Alexander Southerland deposed that he also was there and perfectly saw Stayley while he Apoke those words which presently he writ down in French as they were spoken And then the Prisoner being gone they enquired his Name and where he live and the next day got him apprehended The third Witnes was one Philip Garret who not understanding French could only depose That being with the other two he heard Stayley speak Whereupon his Captain William Casters cam to him in a great passion and said he could not suffer it he would run upon him he could not be quiet To all which the Prisoner made but a weak Defence relating the manner of his Apprehension and saying That his discourse with Fromante was about the King of France and that he said he would kill himself instead of I will kill him my self alleadging his Loyalty and protesting his Innocence and how that the Witnesses after his apprehension would have had him took it up Then the Statue of Decimo tertio was read and Sir John Kirke one of the Jury who understood French attested that Translation of his words to be true Then the Prisoner's Witnesses were called who were one Anselm the Master of the Cross-Keys in Covent-Garden where the Prisoner was brought when he was apprenhended who deposed That they kept him in his House from 8 till 11 without any Constable Which the Witnesses answered was because they could get no Constable to come along with them without a Warrant from a Justice of Peace and that they sent to White-hall and desired a Guard but the Officer said it was the Constables part Another Witness appeared for the Prisoner who testified that he had often heard him declare much Loyalty to his Prince and an aversion to the Jesuits insomuch that if he knew any of the Persons concerned in this Plot he would be their Executioner himself and that he would lose his Blood for the King But the Ld. Ch. Justice reply'd That was his discourse only when he spoke to a Protestant Then the Prisoner having no more Witnesses nor any thing more to say for himself the Ld. Ch. Justice made a Speech to the Jury setting forth the Treasonableness of the Words and the manner of speaking them and the plainness of the Proof with great zeal against the Jusuits and their Tenants whom he look'd upon as the Foundations of all this Mischief excusing his warmness saying 'T was better to be warm here than in Smithfield and that he hoped he should never go to that Heaven where Men are made Saints for killing Kings The Jury then presently brought the Prisoner in Guilty who said he had nothing more to say so Sentence was pronounced against him to be Hang'd Drawn and Quartered and the same was accordingly executed upon him at Tyburn on Tuesday following being Novemb. 26. It was his Majesty's pleasure because of the Prisoner's seeming Penitence and his Relations humble Petition to suffer his Body to have a decent private Burial But his Friends abusing this gracious Favour with a publick and more than ordinary Funeral Pomp his buried Quarters were ordered to be taken up and to be disposed by the Common Executioner upon the Gates of the City The Trial of Edward Coleman Gent. at the King's-Bench Bar on Wednesday Novemb. 27. 1678. HE then and there appearing having been Arraigned the Saturday before his Indictment was read to the Jury viz. Sir Reginald Forster Bar. Sir Charles Lee. Edward Wilford Esq John Bathurst Esq Joshua Galliard Esq John Bifield Esq Simon Middleton Esq Henry Johnson Esq Charles Vmfrevile Esq Thomas Johnson Esq Thomas Eaglesfield Esq William Bohee Esq His Indictment was for endeavouring to subvert the Protestant Religion and introduce Popery and kill the King Whereto he having pleaded Not Guilty Mr. Recorder Serjeant Maynard and then the Attorney General severally spoke opening the Nature and shewing the heighnousness of the Crimes therein charg'd upon the Prisoner After which the Prisoner praying for a favorable Trial and professing that he had confessed all the Truth in the Examinations that had been made of him in Prison and that he gave over his Corresponding beyond-Seas in 75. Dr. Oates was called forth who deposed That in November last he visiting one John Keins his Father Confessor lodging at Mr. Coleman's House in Stable-Yard Mr. Coleman by him understanding that he was going to St. Omers told him That he would trouble him with a Letter or two thither and would leave them with one Fenwick Procurator for the Jesuits in London Which Letters he carried to St. Omers being directed for the Rector there and was at the opening of them The out-side Sheet was a Letter of News and in it Expressions of the King calling him Tyrant and that the Marriage between the Prince of Orange and the Lady Mary would prove the Traytor 's and Tyrant's Ruin In it was a Latin Letter to Father Le-Chese writ by the same Hand giving
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
a Paper to the Court containing Observations upon the Indictment which she desired might be read but it was refused and she bid to give it her Husband Green produced for his Defence the Testimony of James Warrier his Landlord and his Wife and Maid which being found to relate to October 19. was deemed nothing to the purpose Berry produced Corporal William Collet who affirmed that he on that Wednesday Night placed his Sentinels at Somerset-House Nicholas Trollop from seven to ten who confessed that in his time a Sedan was brought in Nicholas Right stood from ten to one who said no Sedan came out in his time and Gabriel Hasket who affirmed the same for his time And Eliz. Minshaw Berry's Maid affirmed that her Master was in Bed that Night by twelve a Clock The Sentinels Evidence was only though material but in regard they could not be so positive but that they might be mistaken by reason of the darkness of the Night and Privacy of the Conveyance their Evidence was not thought substantial Mr. Attorney General then spoke to the Concurrency of Prance's and Bedloe's Evidences and Mr. Solicitor General to the Consistancy thereof After which the Ld. Ch. Justice sum'd up the Evidence and directed the Jury in a very tart Speech against the Cruelty of the Romish Principles Then the Jury withdrawing for a short space brought the Prisoners all in guilty Upon which the Ld. Ch. Justice told them that they had found the same Verdict that he would have found if he had been one with them and if it were the last word he were to speak in this World he should have pronounced them guilty At which Words the whole Assembly gave a great shout of Applause The next day the Prisoners being brought again to the Bar Mr. Justice Wyld who as second Judg in that Court pronounceth the Sentence in all Criminal Matters except High-Treason spoke an excellent Speech to them wherein he shewed them the Greatness of their Crime and gave them good Advice and then sentenc'd them to be Drawn Hang'd and Quarter'd which was accordingly executed upon them at Tyburn on Fryday the 21st of Feb. they all denying the Fact to the last ADVERTISEMENT THE Tryals of Thompson Pain and Farrel tho not immediately succeeding the Preceeding yet relating to the same matter and giving not little light thereto is judg'd not inconvenient to be placed next The Tryal of Nathaniel Thompson William Pain and John Farrel at Guild-Hall before Sir Francis Pemberton Lord Chief Justice of his Majesty's Court of Kings-Bench on Tuesday June the 20th 1682. The Jurors Names were Peter Houblon John Ellis William Barret Joshua Brooks Gervas Byfield Jonathan Lee George VViddowes William Sambrooke William Jacomb John Delmee Samuel Bayly Samuel Howard TO whom an Information exhibited by the Kings Attorney General against the said Thompson Pain and Farrel was read for writing and printing several scandalous Libels about the Death of Sir Edm. Godfrey reflecting on the Justice of the Nation in the Proceedings against his Murtherers Which Information Mr. Thompson opened and Serjeant Maynard aggravated the Crimes therein contained Mr. Clare then was sworn and produced a Copy of the Record of the Conviction and Attainder of Sir Edm. Godfrey As also a Copy of the Inquisition take by the Coroner of Middlesex upon the view of the Body of the said Sir Edm. Godfrey whereby it was found by them that he was murthered strangled with a Cord by Persons unknown Both which Mr. Clare having sworn to be true Copies were read Then the Execution of Green Berry and Hill was attested by the Oath of Capt. Richardson and Mr. Prance and Curtis swore that they and Bedloe were Witnesses at their Tryals Then Sir John Nicholas Sir Philip Lloyd and William Bridgman Esq swore that the two Letters in the Information which were shewed them were the same that were shewed to Thompson Pain and Farrel at the Council and that Thompson owned the printing of both and Farrel owned the bringing of the first and Pain owned the bringing of the other to Thompson both which Letters was then read in the Court. The first which Farrel owned he writ was intitled A Letter to Mr. Miles Prance in relation to the Murder of Sir Edm. Godfrey The Design whereof was to contradict the Evidence given at the Trial of his Murderers and to fix the Guilt upon himself affirming that the Coroner's Inquest were first of Opinion he was Felo de se and there was much Art us'd to procure their Verdict to the contrary That the Body was refused to be opened and the Coroner of Westminster's Assistance rejected and he dismist with a Guiny That he was not dogg'd as was sworn but was seen in several places and about three in the Afternoon about Primrose-hill walking in the Fields That he was found in a place inaccessible by a Horse and in such a posture as inferr'd he could never be thrust into a Sedan That his Body was full of Blood and when the Sword was pulled out Blood and Water very much issued out of that Wound and that part of the Sword which was in the Body was discoloured and the Point which was through was rusty his Clothes Belt and Scabbord were weather-beaten to Rags his Body stunk and his Eyes Nostrils and Mouth were Fly-blown his Eyes shut his Face pale no Dirt on his Shoes nor Horse-hair on his Clothes and that Bedloe's and Prance's Evidence before the Committee of Lords very much differ'd And that all this would be proved by divers credible and undeniable Eye and Ear-Witnesses Dated from Cambridg Feb. 23. 1681. Subscribed Truman London printed for M. G. at the Sign of Sir E. B. G's Head near Fleet-bridg The other Letter writ by Pain was intituled A second Letter to Mr. Miles Prance in Reply to the Ghost of Sir E. Godfrey Which was a Vindication of the First in Reply to the Answer given thereto by a Paper Intituled The Ghost of Sir E. Godfrey Disclaiming the concurrence of any Papists in publishing that Paper asserting for Truth all that had been said therein which was ready to be proved by many Witnesses who were not willing to expose themselves to the fury of that Torrent which then carried all before it in favour of the Plot by appearing at the Trial running over all the Paragraphs of the other Letter asserting what had there been said for Truth endeavouring to wipe off the Objections given in a scurrilous manner imputing Melancholy to be predominant in Sir Edm. Godfrey's Family and that such Accidents were no News thereto c. Dated from Cambridg March 13. 1681. subscribed Truman London Printed for Nath. Thompson 1682. Then was read a Paragraph out of N. Thompson's Loyal Protestant Intelligence Numb 125. Tuesday March 7. 1681. which was a kind of Advertisement of this second Letter's coming out and an Assertion that all things in the first were true and were ready by undeniable Evidence to be made out Then a
Paragraph was read out of another of the like Intelligences Num. 127. Saturday March 11. 1681. which was a kind of challenging an Answer to the first Letter and of the City's inspection of the Truth thereof promising Proof to every Tittle without one Papist or Popishly-Affected Person being concern'd therein c. Thus by these Letters and Intelligences they endeavoured to stifle the Evidence of the King and arraign the Justice of the Nation Then Mr. Sanders of Counsel for Pain acknowledg'd the rashness and unadvisedness of the Act but that it was not out of Malice that he was no Papist nor any of his Family and how ingenuously it was done of him to acknowledg his Letter much more than to write it and bring it to be printed Mr. Gooding of Counsel also for Pain acknowledged him sorry for what was done and offered to give any Satisfaction Mr. Yalden of Counsel for Thompson pleaded That the other two drew him in and that it was honestly done of him to discover the Authors and that what was in his Intelligences was not so much his Fault as the Authors for whom it was free to put what they would in there he being paid for his pains Mr. Osborne of Counsel for Farrell acknowledg'd it a foolish thing but offer'd his Witnesses to be heard Farrell then first of all called one Mr. Hazard who deposed That he went along with Farrell to see Sir E. Godfrey's Body at the White-House That he lay there upon a Table and his Eyes were closed and Shoes clean as if he had been upon an Hay-Mow That he saw Gobbets of Blood in the Ditch where he had lain and likewise at a place where there were two or three things to go over William Batson deposed That he also saw the Body at the White-House and the Blood in the Ditch but that it looked to him as if it had been laid there rather than any thing else Then one Fisher who helped to strip the Body at the White-House deposed That his Shoes were clean and he saw no Blood but on his back-part where was Blood that he seemed to have been strangled and his Neck was so weak that it might be turned any where Then John Rawson deposed That he help'd to carry the Body away out of the Ditch and pulled out the Sword that he saw Blood upon some Posts and upon the Table where it lay and on the Floor and that there were something like Fly-blows in his Eyes tho being ask'd he said he saw no Flies busy at that time of the Year At which the People laughed Mrs. Rawson his Wife only swore That there was Blood and Water ran through the Table and that many People said there were Fly-blows but she did not mind it tho there was something like Fly-blows Then Farrell proposed to prove the difference between Prance's and Bedloe's Evidence by Copies of the Journals of the House of Lords and the Ld. Ch. Justice gave him leave freely to prove what he would or could But he went off from this Proof and called other Witnesses c. Mr. Chase the Son deposed That he saw no Blood in the Ditch but he saw some four or five Yards off which the Constable told him followed the Sword when it was pulled out That he saw the Body in the House wherein was two Wounds and a great Contusion on the left Ear his whole Face much bruised and he believed him strangled and that those Injuries offered him could not be after he was dead Mr. Hobbs deposed That it was his Opinion he was Strangled his Face was bloted and the bloody Vessels of his Eyes full and he observed no Fly-blows Mr. Chase the Father deposed That he observed the Body beaten from the Neck to the Stomach so as he never saw the like That Mr. Farrell telling him soon after what Proof he could make of this Business he disswaded him as being impossible to say any thing against it that had the face of Truth That after his Book came out Mr. Farrell on Easter-Eve told him That six Months before he had given him good Counsel if he had taken it Then Mr. Brown deposed That he saw no Fly-blows on the Body nor ever said he did but that Mr. Farrell would have had him said so and another time told him he was wrong in his Affidavit as if he knew what he could make Affidavit of better than himself Then Mr. Smith deposed That he did not carry any of the Blood home in his Handkerchief as Farrell had called him for to declare Then Mr. Lazingby was sworn to declare Whether Men that kill themselves do not look as Sir E. Godfrey's Body did He deposed That he seemed to him to be strangled and that which strangled him was kept about his Neck till he was cold because his Face look'd bloody and bloted and that he put his Finger into the Blood which lay some four Yards from the Ditch and it smelt like that which comes from a Body after a Fortnight's Time dead rather than a Weeks it being Blood and Water whereas the Water will separate from the Blood That the Body was bruised from the Neck to die Stomach his Eyes were open and Blood-shed That his Clothes were dry which he admired at there having been so great a Storm the Afternoon before Farrell then proffer'd to prove himself no Papist but the Ld. Ch. Justice told him His Religion was not worth inquiring into And Searj Maynard observ'd how little Service his Witnesses had done him not one haying spoke on his side but quite against him and how little it belonged to such Fellows as he to meddle in this Business or to write about it proffering to call some Witnesses in to prove him as wicked a Liar as lived but it was thought unnecessary and was therefore waved The Ld. Ch. Justice observing what liberty he had given the Defendant to call what Witnesses he would because he was willing to hear what could be said in the Case whether a Doubt could be made in the World that Sir E. Godfrey was not murdered c. leaving it to the Jury Whether upon the Evidence they did not believe them all Guilty of this Design of traducing the Justice of the Nation The Jury thereupon without going from the Bar found them all three Guilty of the Information And on Monday July 3. they being brought to the Bar of the Court of King's Bench to receive the Judgment Mr Thompson the Counsellor moved for Judgment and further to satisfy the World produced Mr. Spence's Affidavit before Mr. Justice Dolbin July 10. 1682. wherein he had deposed that on Thursday Octob. 10. 1678. As he was passing by Somerset-House about 7 at Night five or six Men standing at the Water-gate laid hold on both his Arms and dragg'd him about a Yard within the Gate it being dark but one of them cried out which he believes was Hill whom he very well knew and said This is not
Dr. Tillotson and Dr. Lloyd and that he heard him say he had by him several Witnesses that would swear whatever he bid them and that he laid in Provisions of Fire Coals and Billets behind the Palsegrave-Head Tavern and hard by Charing-Cross to burn the City of VVestminster which he produced one Mr. Palmer to swear and that he lent him Mony as also he had Mr. Speke which was yet unpaid which proved to be 6 s. 8 d. for an Order which was for Mr. Speke's Brother aspersing them with being Eves-droppers multiplying words to little purpose His Defence therefore being Artificial as the Lord Chief Justice told him because nothing to the purpose Nay Mr. Justice VVild told him he disgrac'd his Profession by making so weak a Defence And Bedloe own'd some of the Crimes he bespattered him with as part of the Guilt for which the King had given him his Pardon and farther Depos'd That Mr. Reading was to have 100 l. a Year out of every 1000 l. a Year of Bedloe's Reward The Ld. Ch. Justice summ'd up the Evidence to which the Ld. Ch. Baron added some little and then the Jury after a short recess brought the Prisoner in Guilty And then the Court Adjourn'd for half an hour when being met again and the Prisoner at the Bar The Ld. Ch. Justice Sentenc'd him to be Fined 1000 l. to be imprisoned for the space of a whole Year and to be set in the Pillory for the space of one hour in the Palace-Yard in VVestminster On the Monday following he was Pillored accordingly the Sheriff having a particular Charge of his Person that nothing but Shame and Infamy might befal him to which he had been condemned and did deserve as well as any Man that ever was convicted The Trials of Thomas White alias Whitebread Provincial of the Jesuits in England William Harcourt pretended Rector of London John Fenwick Procurator for the Jesuits in England John Gavan alias Gawen and Anthony Turner all Jesuits and Priests At the Sessions-house in the Old-Baily on Friday June 13 1679. THen and there the Court being met and all the Judges of England present Proclamation was made of Silence and Attention whilst the King's Commission of Oyer and Terminer and of Goal-Delivery were openly read then the Prisoners being set to the Bar James Corker a Priest and Jesuit brought thither to be tried with them presented to the Court a Petition setting forth that he was absolutely surprized and unprepared for his Trial and therefore besought the Court that he might not be tried till the next Sessions To which the Court seemed inclinable enough nor did the Attorney General gain-say it upon condition that he could really make it out that he wanted Witnesses without which he could not make his Defence However it was thought fitting that he should hear the Charge that was against him read to the end he might be able to give the Court an account what Witnesses he had that might avail him in reference to his Defence against it which being done the Indictment being in general for High-Treason in conspiring the Death of the King the Subversion of the Government and Protestant Religion the former Question was put to him again and then he named one Alice Gatton now at Tunbridg as a Witness to prove that he was not in Town upon the 24th of April so that being respited till the next day the Court said nothing farther to him that Sitting Immediately after the Indictment was read VVhitebread represented to the Court that in regard he had been tried upon the 17th of December before upon the same Indictment at what time the Jury being impanell'd and the Evidence found insufficient which came in against him the Jury was discharged without a Verdict he was informed that no Man could be tried and consequently put in Jeopardy of his Life twice for the same Cause For which reason he pray'd for Counsel to direct him upon that Point in matter of Law He urged that his Life was in danger as being deliver'd over in Charge to the Jury and to make it out he alledg'd the Case of Sayer in the 31 Eliz. who having pleaded to a former Indictment for a Burglary was indicted a second time upon which it was the Opinion of the Judges that he could not be indicted twice for the same Fact He likewise desir'd a sight of the Record and that he might be informed whether or no when a Person comes upon his Trial he ought not either to be condemned or acquitted Upon the whole matter and his Motion together the Court declar'd to him that the Jury being discharg'd of him his Life was in no danger For that the Jury being sworn to make a true deliverance or the Prisoners in their Charge their Charge could not be full till the last Charge of the Court after Evidence Moreover he was told that such a Plea as he produc'd could not be supported without a Record and it was certain there was none here because there was no Verdict and besides this was not the same Indictment in regard it contain'd new matter Then Fenwick offered the same Plea his Case being the same appearing before with Whitebread upon his Trial but the Court returning the same Answer to him as to the former they both submitted and so all of them pleaded severally Not Guilty to the Indictment Then the Jury being to be impanell'd they unanimously excepted without naming them aganist all those Persons that had serv'd before as Jury-Men in the same Cause which the Court allowed them as but reason And the Jury therefore that were sworn were these twelve Thomas Harriott William Gulston Allen Garraway Richard Cheney John Roberts Thomas Cash Rainsford Waterhouse Matthew Bateman John Kain Richard White Richard Bull Thomas Cox To whom the Indictment being read Mr. Belwood of Counsel for the King in this Cause open'd the Indictment and Sir Creswel Levinz proved the Charge and then Dr. Oates was first called and being sworn he deposed That Whitebread was made Provincial the last December was twelve Month and by virtue of his Authority order'd one Conyers to preach in the English Seminary upon St. Thomas of Becket's-day that the Oaths of Allegiance and Supremacy were Heretical Antichristian and Devilish which accordingly was done That in January or February he wrote Letters to St. Omers concerning the State of Ireland of which he had an account from Arch-bishop Talbot who wrote him word that there were several thousands of Irish ready to rise when the Blow by which was meant the King's Murther should be given in England and he hoped it would not be long ere it was given That he sent over two Jesuits into Ireland in January to see how Affairs stood there of whose return he writ an account to St. Omers in April and of the Consult to be that Month at which he was and signed a Resolve at Wild-house that Pickering and Grove should go on in their design to dispatch
with a solemn Imprecation and disclaiming all the Crime in this Matter that had been charg'd against him Against Corker Dr. Oates swore That he was privy to the Promise of the 6000 l. which was to be raised among the Benedictines for carrying on the Design and as being President of the Benedictines he assented thereto That the said Corker gave Le Chese and the English Monks at Paris an account of the Jesuits Proceedings in England And that he had a Patent to be Bishop of London which the Witness had seen in his hand And that he disposed of several parcels of Mony which they called the Queen's Charity for advancing the Design That also he was privy to the Grand Consult in April and excepted against Pickering's being made choice of for killing the King in regard that he being engag'd to say High Mass an Opportunity might be lost in the mean time Mr. Bedloe further depos'd against him That he had been with him in the Company of others at Somerset-House where he heard him discourse in general concerning the Plot of Letters of Intelligence and raising an Army What Agitators the Conspirators had in the Country and what Interest they had made To this Corker offer'd in his Defence That not knowing his Accusations he could not come with Evidences to support his Plea That there was nothing more easy than to accuse an innocent Person and that the Circumstances ought to be as credible as the Witnesses of which there was neither to be found in his Case using many Flourishes to move the Court and the Jury raising his Arguments from Improbability of Witnesses to maintain his Allegations And the more to invalidate Oates's Testimony he produced one Ellen Rigby Elizabeth Sheldon Alice Broadhead who testified That one Stapleton was President of the Benedictines and not himself and that the said Stapleton had been so for many Years Against Marshal Dr. Oates depos'd That he was present when the 6000 l. was agreed upon and that he made the same Exceptions against Pickering that Corker had done Mr. Bedloe swore also against him That he had carried several Letters to Papists in the Country that were in the Design and particularly one to Sir Francis Ratcliff And that he had sent Letters of his own twice to others concerning the subverting of the Government and introducing Popery To this Marshal throwing himself upon the Court whom he besought to manage his Cause for him as having had so much Trial of their Candour and Ingenuity he made some slight Reflections upon the King's Evidence and desir'd the Court to consider how-little concern'd he was at his being apprehended which was no small sign of his Innocency Relating the manner of it though very falsly as Sir William Waller then swore But the main of his Evidence lay upon this stress That Dr. Oates was a stranger to him and had mistaken him for some other Person which also was evidently made out to the contrary besides that the Prisoner brought no proof of what he affirm'd in that particular The Conclusion of his Defence was a smooth Harangue ad captandum populum and in justification of the Crimes of the five Jesuits that had already suffered which because it was look'd upon as an affront done to the Justice of the Court the Ld. Ch. Justice replied in a very smart and excellent Harangue whereat the people gave a Shout again upon him and the Court desir'd him to forbear his Flowers of Rhetorick which were all to no purpose Against Rumley only Dr. Oates swore That he was privy to the Consult for the raising the 6000 l. and that he pray'd for the Success of the Design And being but one Witness against him he did not think it needful to trouble the Court with a Defence And indeed it was the Opinion of the Court deliver'd to the Jury that they ought to discharge him After this the Ld. Ch. Justice summ'd up the Evidences taking Notice of the weakness of the Prisoners Defences only expressing himself dissatisfied at Dr. Oates's excuse of his own weakness and infirmity for not giving his full Charge against Sir George Wakeman at the Council Board Since he might have charg'd him in the same breath that he denied he had any thing more against him Saying it was strange that the Prisoners should have so little knowledg and so little accquaintance with Oates and Bedloe and so great a matter as they speak should be true c. As soon as my Lord had done speaking Mr. Bedloe told him he had not summ'd up his Evidence right His Reply was I know not by what Authority this Man speaks An Officer then being sworn to keep the Jury the Judges went off the Bench leaving Mr. Recorder and some Justices to take the Verdict And after about an Hours space the Jury returned and brought them all four in contrary to Expectation Not Guilty After which the Court Adjourned The Trials of Andrew Brommich and William Atkins Priests at the Summer-Assizes at Stafford As also of Charles Kern a Priest at Hereford-Assizes before the Lord Chief Justice Scroggs 1679. ON VVednesday Aug. 13. 1679. the Court sate And the Night before the Lord Chief Justice having charged the Sheriff to return a good Jury he now enquired of him if he had observed his Directions The Sheriff acquainted his Lordship That since he had impannelled the said Jury he had heard that one Allen who had being returned said in Discourse with some of his Fellows that nothing was done against the Popish Priests above and therefore he would do nothing against them here nor find them Guilty Whereupon his Lordship called for the said Allen and one Randal Calclough one of his fellow Jury-men and another Witness upon Oath who proving the words against him his Lordship discharg'd him of the Jury and committed him to Prison till he found Sureties for his good Behaviour And likewise three more of the Jury were discharg'd upon suspicion of being Popishly-affected his Lordship commanding the Sheriff to return good Men in their Places which was accordingly done and the Jury sworn viz. Thomas Higgin John Webb Edward Ward Thomas Marshall John Beech. Randal Calclough Richard Trindall James Beckett VVilliam Smyth VVilliam Pinson Daniel Buxton Richard Cartwright Then Andrew Brommich being set to the Bar was Indicted for being a Priest And to prove him so Ann Robinson deposed That she had received the Sacrament from him about Christmas last according to the Church of Rome in a Wafer and four times more before that time twice at Mr. Birch's and twice at Mr. Pursall's Then Jeoffery Robinson deposed That he heard him say something in an unknown Tongue and that he was in a Surplice but being a Papist was hardly induced to say so much Brommich's Defence was only a denial that ever he gave the Sacrament to Ann Robinson or if he did that it could be no Sacrament unless he was a Priest He desired also that it might be took notice
but e're long he should find a way to get 1000 l. Then offering to speak to Osborn as to the Thing it self he was not suffer'd as being no Evidence against the Defendants till somewhat had been proved upon them Therefore the King's Counsel proposed to prove that Lane and Osborn who tho laid in the Indictment to join was run away did accuse Dr. Oates and afterwards recant it and that Knox had an hand in all this And to this end Sir William Waller was called and deposed That Justice Warcup and he were order'd by a Committee of Lords before whom a Complaint of Dr. Oates had been brought of the horrid abuse of his two Servants Osborn and Lane to take their Examinations which he did and that Lane's Evidence upon Oath was That he had been induced by Mr. Knox to betray his Master and to swear several Things against him which Knox had drawn up and dictated to him which Osborn writ and he signed them That there were four Letters three or four Memorials and three or four Informations which they had carried Knox accompanying them to have sworn them before Mr. Cheney who not caring to meddle with them they applied themselves to Mr. Dewy who refused them likewise After this Knox took Lodgings for them removing them to several places lest Dr. Oates should hunt them out bidding them stand firm to what they were to do and they should not want for Reward that would maintain them with Footmen and to live well That Knox did at the One-Tun Tavern drop a Guiny upon the Table which he said he would not give because then they might swear that he never gave them any Mony And told them that the Lord Treasurer would never have surrendred himself to the Black Rod unless they had promised to stand fast to what he had dictated to them One part of which Information was that Mr. Bedloe should say to Dr. Oates that the Earl of Danby offered him a considerable Sum of Mony to go beyond-Sea and that Dr. Oates had a Design of abusing Lane's Body That Lane further confess'd that Dr. Oates would be something hasty and passionate but was very Religious and was constant in sending his Servants to Prayers and that he had accused him of a Falshood by the instigation of Knox who incouraged him to it by the Promises of a great Reward That also to prevent a Discovery it was agreed among them that if any one should betray it the other two should murder him That he did likewise declare that the Lords in the Tower would not be wanting to acknowledg the kindness in disparaging the King's Evidence And that at all the Places and several Lodgings and Entertainments they had been at were all at Knox's Charge except twice which might amount to about 18 d. and that he paid And upon the Examinations of Lane and Osborn he found they agreed together to a tittle That he took also the Examination of Knox who said that the Papers he received from Lane and Osborn who said they had writ them out of trouble of Conscience and desired him to go with them before some Justice to swear them denying that he paid for their Lodgings only that he did indeed drop a Guiny and another time 10 s. upon the Bed which they took up but he only lent it them Confessing that the Papers so drawn up and delivered into his Hands were by him delivered into the Hands of the Lord Latimer and were there for some time this Knox belonging to the Lord Dunblane That Knox confess'd also that he sent a Note to Osborn that day he was examin'd which was conveyed to him through the Door to this effect We always Club'd and you paid two Shillings at the Sugar-Loaf Tear this Which was to intimate that they should say he did not bear their Charges Then Justice Warcup being sworn deposed That he also had took Lane's Examination wherein he had confessed as before That also he was by when he was brought before the Lords of the Committee for Examinations and did hear him there first swear the things in these Notes contained and then come afterward and beg their pardon and God's for what he had sworn was false and this too was upon Oath That he heard Knox confess about the Note to Osborn and he took Lodgings for Lane and Osborn in VVhite-Friers by the direction of the Lord Dunblane's Coachman Then one Rix deposed That he help'd Osborn into Dr. Oates's Service and a while after he and Lane came to him and said they were both going off from the Doctor to preferment and should have 100 l. a Year and 500 l. apiece but would not tell how Another time Osborn came to him to borrow a Cravat for he was going to dine with one of the greatest Peers of the Realm at the other end of the Town this Discourse being at VVhite-hall and asking why he would leave Dr. Oates he said Let Dr. Oates look to himself for he had enough against him Then perceiving some Design he gave in his Testimony to Justice VVarcup and upon further inquiry into it the Lords ordered him to send out his Warrants for the taking of Knox Lane and Osborn which he assigned over to him and in a short time after they were taken Osborn then confess'd to Justice VVarcup and Lane to Sir VVilliam VValler Afterwards Rix drinking with Lane in the Prison would have paid but he would not let him for that he had 23 s. which he said Knox had sent him in Another day he came to him and Lane shew'd him a Note which he had put under the Door from a Gentlewoman That if he would stand firm to his Text he should have 500 l. nay he should not want 1000 l. But in case they would not the Lord Treasurer would never have come in and if they did not he would lose his Head And this Lane's Father and Mother told him afterwards and that one Hest did come and tell them so That also Lane told him his Heart was lighter now he had confess'd this and that Knox set him on drew up the Writings and promis'd him those Rewards Then Richard Slightam a Prisoner and Under-Goaler deposed That Knox gave him three half Crowns at one time and promis'd him a considerable Sum to carry Notes between him and Lane and Osborne but he carried none And when Osborne had confess'd he said it would signify nothing because two were better than one Then Mr. Dewy depos'd That at the end of April or beginning of May Knox came to him with two more with him and said the Ld. Latimer wish'd him so to do with Papers ready written which as said were the Informations of one Osborne and Lane who had over-heard Dr. Oates and Mr. Bedloe conspiring against the Lord of Danby but the Parliament then sitting he shifted them off and did not inspect them Then Mr. Henry Wiggens Mr. Bedloe's Clerk deposed That Knox came to him the latter
end of February last and desired him to get him a Copy of his Master's Papers and take a Journal of his Actions and the Names of the Persons that came to him and that the Lord Treasurer would incourage him for his pains saying That Oates and Bedloe were two great Rogues and that the King knew them to be so and believed not a VVord they said and as soon as he had heard all they could say they should be hang'd Then Mrs. VViggens deposed the same as being present all the time that Knox was with her Son who refused that her Son should consent or go then with him as Knox motion'd to the Lady Danby for assurance of Encouragement and any Place in her Lord's disposal Then Mr. Palmer a Yeoman o th' Guard and one that attended Mr. Bedloe and got VViggens into his Service deposed That Mr. Wiggens made a discovery to him of what Knox had said to him for to acquaint his Master with which he did Then Mr. Thomas Dangerfield deposed That he in June was imployed by the Lady Powis to look after the Prisoners Lane and Knox in the Gate-House and did furnish Lane with Mony and got him bail'd out after which he was entertain'd at Powis-House and then removed and had 10 s. a week allowed him and was clothed That Knox afterward got his Liberty by the means of one Mr. Nevil who was furnished with Mony from the Lords in the Tower for that end From this Knox he received several Papers which were Informations against Oates which he sent to the Tower and thence they were sent to Mr. Nevil to enlarge upon and after to the Ld. Castlemain and then to him again by Mrs. Celier with an Order to draw up an Affidavit according to those Directions and get Lane sworn to the same which he did before Sir James Butler it being about Buggery and then he deliver'd the Papers so enlarged to Knox again Who some time after inform'd the Witness that he had got Osborne sworn also to the same Informations and shew'd him the Affidavit whereof he gave an Account to the Lady Powis who understanding his Poverty order'd him Encouragement and accordingly he has 40 s. from the Witness which he believed came from the Tower as also that 10 s. a Week allowed for Lane An Indictment was hereupon to have been drawn up against Oates by the Advice of Mr. Nevil and this Witness against this Term. Then the King's Counsel moved for the reading of these Information The Justices swore them and then the Information of Knox was read which was a relation how Osborne and Lane brought him the Information against Oates desiring him to assist them in getting them sworn to them A Second Paper was offered to be read but there appearing Scandalous Matter to be in it reflecting on the King the Court thought not fit to suffer any more to be read And so the Counsel for the Defendants were called upon to speak Accordingly Mr. VVithens Mr. Saunders and Mr. Scroggs endeavoured to defend their Client Knox by throwing the Guilt upon Lane and Osborne as if they had induced him in and he only acted for them out of Simplicity and great Innocency And to this end they produced Lane's Mother and Sister to shew that Lane and Osborne applied themselves to Knox first Mr. Holt. and Mr. VVilliams were of Counsel for the Defendant Lane who endeavour'd in requital to throw the Guilt upon Knox as being tâ—â— Inducer making it a Battel Royal where every one has two Enemies to oppose But the Case being clear the Court thought it needless to sum up the Evidences or the Jury to go away from the Bar so laying their Heads together they presently declared them Guilty At which the People gave a great Shout and the Prisoners were taken into the Marshal's Custody The Trials of Lionel Anderson alias Munson William Russel alias Napper Charles Parris alias Parry Henry Starkey James Corker William Marshal and Alexander Lumsden a Scotchman at the Sessions-house in the Old-Baily on Saturday Jan. 17 1679. THese Prisoners then and there appearing their Indictment was for High-treason as Romish Priests upon the Statute of 27 Eliz. cap. 2. David Joseph Kemish who was arraigned with them for the same Offence after he had pleaded was set aside by reason of Sickness Corker and Marshal both pleaded that they had been already tried and acquitted for this Offence but the Court convinc'd them to the contrary it being another Fact The Jury then sworn were John Bradshaw Lawrence VVood Matthew Bateman John Vyner Francis Mayo Martin James Anthony Hall Samuel Jewel Richard Bealing Thomas Hall Richard Bromfield Samuel Lynne To whom the Clerk of the Crown read the Charge against Lionel Anderson all the rest being set away and Roger Belwood Esq opened the Indictment Sir John Keiling pursued the Charge and Serjeant Strode all of Counsel for the King in this Cause managed the Evidence And then Mr. Dangerfield swore against him That when he was a Prisoner in the King's-Bench for Debt this Anderson shew'd him a Letter from the Lady Powis which was to desire the Witness to scour his Kettle which was to confess and receive the Sacrament to be true to the Cause The next day accordingly he went into Anderson's Chamber to Confession and received Absolution and the Sacrament from another to whom Anderson sent him that was saying Mass at that time After which returning to Anderson again he told him that he as a Priest did give him free Toleration to go and be drunk with one Stroude being for the good of the Cause he being to bring over this Stroude to be a Witness for the Lords in the Tower to invalidate Mr. Bedloe's Testimony Dr. Oates deposed that he was a Priest a Dominican Friar that he had heard him say Mass seen him consecrate the Sacrament been at Confession with him and seen his Letters of Orders as a Priest which he confess'd to him he had from Rome and that he was an English-Man and the Son of an English Gentleman Mr. Bedloe deposed That he was a Priest and an Englishman and Mr. Anderson's Son of Oxfordshire and he was told that he had heard him say Mass and seen him administer the Sacrament at some the Embassadors House Mr. Prance deposed That he had heard him say Mass several times at VVild-house and had seen him there take Confessions and give the Sacrament having known him seven Years To this Prisoner pleaded that it had not been proved that he was an English-man tho his Speech betrayed him and confess'd his Father was a Lincolnshire-Man and that he had been countenanc'd by the King and his Council and known to most of the dignify'd Clergy-men and if the Parliament had not been dissolved he had been protected by them for his writing against the Temporal Power of Rome and that he was therefore excommunicated by the Church of Rome and had not said Mass in any Parish Church this ten Years
the Ld. Ch. Justice Scroggs on Wednesday Feb. 11. 1679. THere the Prisoner was arraigned upon an Indictment for High-Treason for conspiring the Death of the King the Subversion of the Government and the Protestant Religion on Saturday January 24 1679. To which he pleaded Not Guilty desiring a Jury of his own Country-Men which was promised him and some Friend to assist him because he was deaf being above 85 Years of Age. On Wednesday Feb. 11 following the Prisoner being brought to his Trial the Jury sworn after several Challenges were Sir Thomas Hodson Richard Beaumount Esq Stephen Wilks Esq Jervas Rockley Esq Robert Leeke Esq William Batt Esq Charles Best Esq John Cross Esq Barton Allett Esq William Milner Esq John Oxley Esq Francis Oxley Esq To whom the Indictment being read Mr. Dormer Serj. Maynard and Mr. Attorn Gen. opened the same And then Mr. Bolron being sworn deposed that he came to live with Sir T. Gascoyne in 1674 as Steward of his Cole-works and in 1675 he being fearful of his Estate lest it might be liable to be forfeited to the King he was a Witness to a collusive Conveyance thereof and saw him colourably receive 1000 l. of Sir William Ingleby he and one Matthias Higgringil helping to count the Money In 1676 he heard the Prisoner say to one Christopher Metcalf that he was resolved to send 3000 l. to the Jesuits in London for the carrying on of the Design and that he would return it by 300 l. at a time to prevent Suspicion by the hands of Richard Phisicke and about the beginning of 77 he heard the Prisoner say that he had returned it and that if it had been a thousand times as much he would be glad to spend it all in so good a Cause In 77 that there was a Consult at Barnbow-Hall in Yorkshire which is the Prisoner's House where was Sir Miles Stapleton Charles Ingleby Esq Esquire Gascoyne the Lady Tempest Thomas Thwing Sir VValter Vavasor Sir Francis Hungate Mr. Middleton Robert Killinbeck a Jesuit and VVilliam Rushton a Priest their discourse was about establishing a Nunnery at Dolebank in hopes that the Plot of killing the King would take effect resolving they would venture their Lives and Estates to further it And the Prisoner concluded to give 90 l. a Year for ever for the maintenance of this Nunnery Upon which they all agreed that after his Death he should be canonized a Saint Accordingly the Prisoner did erect a Nunnery at Dolebank near Ripley where Mrs. Lashalls was Lady Abbess Mrs. Beckwith and Mrs. Benningfield her Assistants Ellen Thwing Eliz. Butcher Mary Root others were Nuns here they were to reside till the King was kill'd and then to remove to Heworth near York and here they did reside near a Year and an half till the Plot was discovered and he had seen several Leters from them to the Prisoner That about March last Esquire Gascoyne and Mr. Middleton got Licences from a Justice of Peace to travel to London and he heard them tell the Prisoner they designed to fly into France and accordingly sold off their Goods the Prisoner approving their Resolution That on May the 30th last the Prisoner bid the Witness go into the Gallery where one VVilliam Rushton his Confessor came to him and discours'd him about his having taken the Oath of Allegiance telling him it was a damnable Sin he having thereby denied the Power of the Pope to absolve him from it but that the Pope had Power to depose the King and had done it and that it was a meritorious act to kill the King and if he would undertake to do it he would assist him and give him Absolution quoting that Scripture Thou shalt bind their Kings in Fetters and their Princes in Chaines concluding that the King was deposed and it was meritorious to kill him and that unless he would turn Roman Catholick the Pope would give away his Kingdoms to another The same day the Prisoner talked with him in his Chamber and inquired of him what Rushton had said to him which he told him and then taking him by the hand the Prisoner told him if he would undertake a design that he and others had to kill the King he would give him 1000 l. but refusing to be concerned in Blood he desired him of all Love to Secresy That in September 1678. he heard the Prisoner tell his Daughter Lady Tempest that he would send 150 l. to Dolebanke in hopes the blow would be given shortly which she seemed to like and he heard a Letter read afterwards from Cornwallis that he had received it but it was too little for the carrying on so great a Design That he was a Protestant when he came first to the Prisoner's Service and turn'd Papist about VVhitsontide 1675. and left his Service in good Friendship July the 1st 1678. and turn'd Protestant again in June 1679. when he first made this discovery Mr. Mowbray deposed that he came to lie with Sir Tho. Gascoyne the beginning of 1674. and used to wait upon him in his Chamber and to be diligent in attending Mr. Rushton his Confessor at the Altar who therefore permitted him to be present in his Chamber where he heard him and other Priests discoursing in 1676 of a Design laid for setting up Popery and how likely it was to succeed most of the considerable Papists in England having engaged to act for it and if it could not be done by fair means force must be used declaring that London and York must be fired and that the King in Exile had promised the Jesuits beyond Sea to establish their Religion whenever he was restored which they now despaired of and therefore he was adjudged an Heretick and was to be killed and Rushton told the other Priests that according to Agreement he had given the Oath of Secresy and the Sacrament to the Prisoner and his Son and Daughter who had engaged to be faithful active and secret That about Michaelmas there was another meeting of these Priests and others where they declared that the King was an Heretick and that the Pope had excommunicated him and all other Hereticks in England Scotland and Ireland and that force was to be made use of And then did Rushton produce a List of about 4 or 500 Names of them that were engaged in the Design of killing the King and promoting the Catholick Religion which Rushton read over among which were the Names of the Prisoner Tho. Gascoyne Esq the Lady Tempest Mr. Vavasor Sir Francis Hungast Sir John Savile the two Townleys Mr. Sherborn and others and he knew the Prisoner's Name to be writ by his own hand They declared also that the Pope had given Commission to put on the Design with speed and had given a plenary Indulgence of 10000 Years for all that should act either in Person or Estate for killing the King and setting up Popery in England besides a Pardon and other Gratifications That the Priests that used
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
Lady Tempest would have hang'd him for breaking a Trunk but now he would be even with her and that Sir Miles Stapleton kept Priests in his House but he would apprehend them presently for he might have 20 l. apiece for taking of them Richard Pears Sir Miles's Man testified that three or four days after his Master was taken into Custody Bolron asked him if they did not blame him for accusing his Master and he saying he did not hear him named said he it was not him but I must not tell who it is and said he would have gone to have seen Sir Miles but I think said he he does not know me Then one Stephen Tompson declared some threatning Words of Bolrons against Sir Thomas Gascoyne that he would do him some ill turn but it not concerning the Prisoner the Court would not admit it The Lady Vavasor said she believed her Husband was not at Barnborow in any part of the Year because he was infirm at York Bolron having sworn that Sir VValter Vavasor was one at that Consult but this was not judg'd a conclusive Evidence Then Mr. Leggat said that he had heard Bolron say he knew nothing against Sir Miles Stapleton And Mrs. Elizabeth Holmes said that Bolron meeting her in London said he heard she was to be a Witness against him at York but if she would be kind to him he would be so to her and speak as favourably as he could and he said if he had known he should have been no better rewarded he would never have been a Witness the Devil should have been a Witness as soon as he Then Edward Cooper told what he heard Mowbray say as before in Thwing's Trial but the Court observed that being before his Discovery and while he was a Papist and on the High-way it could not be material Then Madam Sherborn testified that Bolron and Mowbray came to her house under a pretence to search for Priests and Bolron took away several parcels of Silver with him But the Court would not suffer such Evidence besides that Mowbray deposed it was only Chalices and other Popish Trinkets After this the Counsel for the King called one Dixon who swore that he had 40 s. proffer'd him to be a Witness for Sir Tho. Gascoyne in Novemb. 1679. Then Mr. VVilson deposed that Mr. Babbington Sollicitor for Sir Miles would have given him 10 l. and Hickeringil proffer'd him 10 l. to have been a Witness for Sir Miles Then Christopher Langley deposed also that VVil. Batley and John Ross proffer'd him two Oxen and ten Sheep to witness for Sir Miles those things they should direct him Richard Corker deposed that he was by and heard that very proffer made to Langley Then Mr. Baines deposed that Mrs. Holmes proffer'd him 60 l. per annum and Mrs. Hewit said she would give him more if he would say nothing against Sir Miles After this Mr. Justice Dolben summ'd up the Evidence and Baron Gregory proceeded to do the same and then the Jury withdrew for half an hour and gave in their Verdict Not Guilty The Trial of George Busby Priest at the Assizes at Derby on Monday July 25 1681. HE then and there appeared and having been Arraigned he now refused to plead in stead thereof presenting a Petition to the Court shewing that he was committed to the Goal in March last for being a Popish Priest and that having obtained his Habeas Corpus to be removed to London the Under-Sheriff then dying the Habeas Corbus was not executed Praying therefore that he may be removed to the King's-Bench that he may have time to make his Defence he depending upon his Habeas Corpus his most material Evidence to clear him and to prove his being an Alien being then in London c. But the Grand Jury having found the Bill the Court told him they must proceed and he was then Indicted as a Romish Priest and Jesuit upon the Statute of 27 Eliz. cap. 2. To which Indictment he excepted because it was not said therein that he took Orders beyond Sea But he was inform'd that his taking Orders any where from the Authority of the Bishop of Rome was Sufficient He then pleaded not Guilty and challenged of the Jury near the Number allowed by the Law Those Sworn were Samuel Ward Gent. Thomas Wilson Gent. John Steer John Ratcliff Ed. Wolmesly Gent. William Horn Gent. George Tricket Gent. Jeremiah Ward John Roper John Creswel Gent. Edmund Woodhead and Anthony Bowne To whom the Indictment being read Mr. Bridges of Counsel for the King in this Cause opened the same and Mr. Coombes another of the King's Counsel opened the Evidence And then Mr. Gilbert a Justice of Peace for the County of Derby was called and Sworn who deposed that he lived within 2 Miles of Mr. Powtrells house at West-Hallam where Busby was took and whose Wife was Busby's Neece and had heard for 6 or 7 Years that he was a Priest and when the Plot broke out that he was a Person concern'd as appeared by a Warrant from the Lords of the Council for his Apprehension which he received March 22 1678. which he producing was read in the Court and on the Monday following searched Mr. Powtrells House for him but could not find him tho afterwards he was informed that he was then in the House In 1679 Mr. Powtrel travelling it was reported Busby was gone with him beyond Sea tho he still remained in that House and last Christmas he was informed that he was seen in Corn-Harvest walking in the Garden with one Anne Smally a Widow which caus'd him to search again for him in March last when this Smally assured him he had been out of England two Years yet he then found in Busby's Chamber Popish Vestments a Surplice Wafers an Altar-stone c. but could not find him About a fortnight after he searched again for him surprizing them at one in the Night but could have no admittance till they broke open the door and going into Busby's Chamber he found the fire had been lately extinguished and the Bed-Clothes laid in confused heaps on the bed some part of them warm and some cold but the feather-bed quite cold till feeling underneath he found it warm and that it had been turned which assured him that the Priest was in the House but the Persons in the house denied it and only jeered them for searching for a Person that was beyond Sea and those that were without tho they heard a trampling and directed the Searchers within to the place yet they were from one till after 10 next Morning before they could find him Which at last they did in a little hole under the Tiling whence they carried him to Derby and Mr. Gilbert having took his Examination committed him to Goal on March 16th and sent Word to the King and Council of what he had done The Prisoner then pleaded his being an Alien born at Brussels his Father removing his Family thither during the Troubles
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
July 13. 1683. THen and there the Prisoner appearing he was Arraigned upon an Indictment of High-Treason for conspiring the Death of the King and subversion of the Government To which being required to plead he desired a Copy of his Indictment but being told nothing could be granted till he had pleaded he pleaded Not Guilty And then complain'd of his being arraign'd and tried at the same time desiring a Copy of his Panel having had only some Names of Persons usually upon Juries and that his Trial might be deferr'd till the Afternoon in regard he had a Witness that was not in Town But the Attorn Gen. urg'd the Jury might be called Then the Prisoner desired a Pen and Ink and some to write for him and to have the use of his Papers all which were granted And then John Martin being named the Lord Russel asked if he were a Free-holder of forty Shillings a Year saying that he thought none were allowed but such as were Free-holders To which the Court replied That no Pannel was made in London by Free-holders for that London Estates belonging either to the Nobility or Gentry that lived out of the City or to Corporations London was excepted To this his Lordship urged the Statute of 2 Hen. 5. wherein he said it was positive that in Cases of Life and Death no Man should be judged but by those that have forty Shillings a Year But the Attorn Gen. not allowing the Prisoners Exceptions his Counsel were called and again assigned him by the Court Mr. Pollexfen Mr. Holt and Mr. Ward who learnedly urged what they took to be Law in that Case and were answer'd by the Attorn Gen. Mr. Sol. Gen. Sir George Jefferies and Mr. North the King's Counsel And then it was adjudged by eight of the Judges being present viz. the Ld. Ch. Justice the Ld. Ch. Baron Mr. Justice Wyndham Mr. Justice Jones Mr. Justice Charlton Mr. Justice Levins Mr. Baron Street and Mr. Justice Withens that in case of Treason Free-hold was no good cause of Challenge The Jury-men therefore were called and after the Lord Russel hah challenged 31 of them the following Persons were sworn viz. John Martin William Rouse Jervas Seaton William Fashion Thomas Short George Toriano VVilliam Butler James Pickering Thomas Jeve Hugh Noden Robert Brough Thomas Oneby To whom the Indictment being read the same was opened by Mr. North and the Attorny-General opened the Evidence And then Col. Rumsey being sworn deposed That about the latter end of October or beginning of November the Lord Shaftsbury sent him from his Lodging by VVapping to Mr. Shepherd's to the Duke of Monmouth the Lord Russel Lord Grey Sir Thomas Armstrong and Mr. Ferguson there met to know what Resolution they were come to about the rising of Taunton Their answer was That Mr. Trenchard had failed them that he had promised 1000 foot and 300 Horse but when he came to perform it he could not He thought the People would not meddle unless they had some time to make Provision for their Families That Mr. Ferguson made this Answer the Lord Russel and the Duke of Monmouth being present and the Lord Grey saying something to the same purpose And upon this it was the Lord Shaftsbury prepared to be gone That he was with them at Shepherd's about a quarter of an hour and that there was some discourse about seizing of the Guards at the Savoy and Mews in case the Insurrection had gone on which was to have been on Novemb. 19. and that the Duke of Monmouth the Lord. Grey and Sir Thomas Armstrong undertook to view the Guards and that the Lord Russel assented to all this and the Witness was to have gone to Bristol by the order of the Earl of Shaftsbury against that time Then Mr. Shepherd deposed that in October Mr. Ferguson came to him in the Duke of Monmouth's Name to request the conveniency of his House for him and some other Persons of Quality to meet That in the Evening came the Duke of Monmouth the Lord Grey the Lord Russel Sir Thomas Armstrong Col. Rumsey and Mr. Ferguson one after another That Sir Thomas Armstrong desired they might be private and therefore what they wanted he fetch'd up himself not suffering his Servants to come up That their Discourse was about seizing the Guards and the Duke of Monmouth Lord Grey and Sir Thomas Armstrong went one time to view them and the next time they met at his House he heard Sir Thomas say the Guards were very remiss in their Places and not like Soldiers and that the thing was feasible if they had strength to do it That they met twice at his House and the Prisoner was there both times That Mr. Ferguson read a Paper in the Nature of a Declaration setting forth the Grievances of the Nation in order to a Rising He could not say the Lord Russel was present at the reading of it but Col. Rumsey was who then deny'd it saying it was over before he came Then the Lord Howard being sworn began his long Evidence with a low Voice pretending the News he had just then receiv'd of the Earl of Essex's Fate had sunk his Voice and a long Story of the Designs of the Earl of Shaftsbury an Account of which he had from Capt. VValcot whom he brought acquainted with the Earl of Shaftsbury and by whom the Earl of Shaftsbury sent for him while he absconded at one VVatson's at the end of VVoodstreet and there discover'd to him his Design of the Rising and that he had 10000 brisk Boys ready to follow him whenever he held up his Finger who were to possess themselves of the Gates and would in an Hour's time be 5 times multiplied But that his Design was much retarded by the backwardness of the Duke of Monmouth and the Lord Russel who failed him in not being ready prepared to concur with him in the Country that he then endeavour'd to shew the Earl of Shaftsbury the necessity of having those Lords concurrence in so weighty an Undertaking and proffer'd his Service to bring them to a right Understanding among themselves to this end he spoke with the Duke of Monmouth who deny'd that either he or the Lord Russel had given the Earl of Shaftsbury any incouragement to be so forward because they knew the Country could not be ready to stir so soon That a Meeting was then propos'd but afterwards put off by reason of the Earl of Shaftsbury's fears of being discover'd That the Duke of Monmouth told him that the Lord Russel had been with the Earl of Shaftsbury and preswaded him to put off his Rendezvouz for only a Fortnight against which time they would try to be ready for him But the Country not being ready that Design was disappointed That in October Captain Walcot acquainted him with the Design upon the King with which he acquainted the Duke of Monmouth who said he would never suffer it and they did all they could to prevent it This failing the
Capel told him that it was a thing too great for him c. All which Mr. Braddon that you are to call Johnson whilest he is with you at your House will give you a true Relation of Mr. Braddon hath been at a great trouble and charge already about it I know few that would have ventured to have undertaken this Affair besides himself as Times go I received yours this Day with the great pains you took and the Letter to the Lady Russel which finding unsealed I sealed without looking into it and carried it my self she returns you ten thousand Thanks and says she knows not what return to make you for your most extraordinary kindness I have not time to write any more at present by reason that Mr. Braddon alias Johnson stays only for this my Letter I am Sir Your most obliged Friend and most humble Servant Hugh Speke I am writing a Letter to send to you by the Carrier Upon the reading of this a Gentleman appear'd from Sir Robert Atkins to assure the Court that he never had the Letter nor knew any thing of it and to desire therefore there might be no Reflections cast upon him The Attorny General repli'd 't was an unhappy thing to be thought well of by such sort of People Then the Information of Mrs Edwards of what her Son had said And the Boy 's Information As also another of Jane Lodeman concerning the same Matter and of one Mr. William Glasbrooke to attest it and Mr. Burgis's Letter to Cumpen were read all which Papers were found on Mr. Braddon when he was took And here the Evidence for the King ceas'd for the present Then Mr. Wallop and Mr. Williams of Counsel for the Defendants opened their Evidence and called one Lewes of Marleborough who refused to be sworn until Mr. Braddon had paid him his Charges and then he deposed That between the Hours of 3 and 5 riding up Husband within three or four miles of Andover on Friday the day before the News came to Marleborough and on that very day the Murder was said to be done a Man told him that he had heard that the Earl of Essex had cut his throat Then Mr. Fielder a Shop-keeper in Andover deposed That it was the common discourse among Women that came in and out of his Shop and up and down the Town on Wednesday and Thursday preceding the Saturday whereon the certain News came which was before the thing was done that the Earl of Essex had cut his Throat in the Tower But because the Witness could not fix the Report upon any particular Person the Ld. Ch. Justice cried out It was a Contrivance to deceive the King's Subjects and shew'd a Design to pick up Evidence to amuse the Unwary and fill their Heads with Fears and Jealousies of he knew not what Then Mr. Braddon desired to make his own Defence and called Mr. Edwards again who deposed That the first time his Son denied the Report was July 17. after Mr. Braddon came to examine him Then Mrs. Edwards deposed what the Boy had told her of the Razor and that he wept when he told it her but after Mr. Braddon had been at their House his Sister telling him when he came from School that a Gentleman had been to inquire about what he had said and intimating to him some danger bidding him to say the Truth and not tell a Lie to save his Breech he then denied it and this was before he signed Mr. Braddon's Paper and he knew of his denial Then Sarah Edwards her Daughter deposed likewise what her Brother had said but said she knowing him apt to tell Lies did not believe him That on Tuesday following after Mr. Braddon had been there and she had told her Brother of it he apprehending some danger did deny it and in the Afternoon Mr. Braddon coming again knew that he had denied it upon which he talk'd to the Boy and told him the danger of Lying and bid him speak the Truth c. And on Wednesday Mr. Braddon coming again the Boy then owned it again and he writ down what he owned and said he would be carried to Sir Henry Capel and the Lady Essex The Next day Mr. Braddon came again with another Paper written to which the Boy something unwillingly set his Hand But Mr. Braddon asking her what her Brother's Answer was to him when he asked him why he had denied it she said she could not recollect that though she confess'd the Boy ran to his Mother and cried out he should be Hang'd and that he was told that his Father would be in danger of losing his Place and the Family ruin'd But Mr. Wallop then asking her if she did not tell him the King would hang his Father if he did not deny it The Ld. Ch. Justice instead of suffering her to Answer not only upbraided that ancient learned and worthy Gentleman as if he intended to charge the King with a Design of hanging Men if they denied not the Truth but having huffed and hector'd him did threaten him with the Animadversion and Correction of the Court for reflecting upon and aspersing the Government telling him he was impetuous in the worst of Causes And there was such a heat in this Cause he wondred whence it should come he was sure Not from the Honesty of it But old Mr. Edwards being asked that the Boy own'd that it was Fear and Discouragement through his Sister's Threats was the Cause of his denying it Then Mrs. Ann Burt deposed That she was present and Mr. Edwards when Mr. Braddon took the Examination of the Boy and that she heard the Boy own what he had said and that his Mother told her that the reason of his denying it before was because his Sister had been talking to him But the Ld. Ch. Justice would not permit her to go on with such Hear-says and so broke off her Evidence Then Jane Lodeman a Girl of 13 Years old was sworn and deposed That she being in the Tower July 13 last between 9 and 10 a clock did see a Hand throw a bloody Razor out of a Window which she was told belonged to the E. of Essex's Lodgings and she heard either two Shrieks or two Groans presently after That the Razor fell within the Pales and she saw a Woman in a White Hood come out but did not see her take it up Then the Girles Information which Mr. Braddon had took from her was shewed wherein was that she heard a Soldier call for some Body to come out and take up a Razor but she say'd she does not know the Soldier was there and she heard no Body speak to the Maid And that she had no knowledge of Young Edwards Then Margaret Smith was sworn who was very shy of speaking any more than that she being the Girles Aunt the Girl told her what she had seen and that Mr. Braddon came afterwards and took her Information Then one William Glasbrooke living in the
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
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
no Advantage should be taken or use made of it Upon which the Kings Counsel again urged that the Paper might be now read but the Bishops Counsel still opposed it pleading that first it ought to be proved that this Libel as they call'd it was written and published in Middlesex for that all Matters of Crime were so local that if it be not proved to be done in the County where it is layed the Party accused is as innocent as if he never had done the thing But this the Ld. Ch. Justice over-ruled that it was not proper to urge this until the Paper had been read then Mr. Justice Powel at first opposed it The Bishops Petition then was read and shewn to the Jury The King's Counsel leaving it here till they had seen what should be said to it The Bishops Counsel therefore urged their former Objection that nothing had been proved to be done in Middlesex and that the Bishops owning the Paper in that County would not amount to a Publication of it there besides that the Information and Petition did not agree the Direction and Petitionary Part being left out To which the King's Counsel reply'd That the Fact being own'd in Middlesex it is to be supposed to be done there until they had proved it to be done elsewhere Which therefore the Bishops Counsel did by Mr. Francis Nichols who being sworn deposed that he had served the Arch-Bishop in his Bed-Chamber this seven Years and he was sure that he never stirred out of the Gate of Lambeth-house since Michaelmas last till the time he was summoned before the Council Yet Mr. Finch insisted on it that the King's Counsel ought to prove the place in which it was writ for that the Locality of it being part of the Crime as laid in the Information they had not proved the Charge unless they did that Which because the King's Counsel could not do they yielded in that Point and insisted upon the Publication of it in that County because there it was own'd instancing in several cases wherein the writing of a Libel was adjudged a Publication To which the Bishops Counsel reply'd that in those Cases it was proved that the Libel was sent by the Persons which here it is not and till that is proved it cannot be said to be published by them an owning of it to the King and Council not being criminal because then an Answer to a Question put by Authority would be a Crime and then it would be as if Authority were employed to do wrong The King's Counsel therefore insisted upon it that it was their parts to prove it did not come from them to the King for that the King had it and they own'd it and till they proved it otherwise they must presume it was deliver'd by them But Presumption being looked upon as no Evidence the Court would not accept of this And therefore the King's Counsel called Mr. Blathwayt again who deposed as before that he was present when this Paper was delivered by the King at the Council-Board and being asked by Mr. Sollicitor General if there was any mention of what it was done for upon the account of Religion or how he answered he did hot remember any thing of that At which there was a great Laughter But that he received it from the King's hands and he knew it was presented to him by the Bishops for that he had heard the King say so several times That to the best of his remembrance the Bishops were question'd whether this was the Paper presented by them to the King and that he did always think it a plain Case that it was so nor did they deny it but as to that Question he did not remember what the Words were At which there was a great Shout Then Mr. Bridgman was asked the same Question Whether there was any question at the Council-Board whether this was the Paper presented by the Bishops to the King To which he in answer deposed that there was something about it but he did not remember whether the question was directly asked or answered But he Believed there was no Body doubted that that was not the Paper And that he saw it soon after it was delivered and heard the King say it was the Petition the Bishops had delivered and on Sunday the King commanded him to copy it and there was no Copy made of it but that one notwithstanding that he saw a Copy within a day or two after it was presented about the Town Then Sir John Nicholas being asked to the same Question answered that though he was then present at the Council-Board he did not remember that Then there was a great Shout Then Mr. Pepy's being sworn was examin'd to the same and depos'd that he did not remember any thing was spoken about the delivering but he believed it was understood by every Body at the Table that that was the Paper the Bishops had delivered Then Mr. Musgrave being sworn and examin'd to the same deposed that he did not remember that ever any such direct Question was asked Upon this Evidence then the King's Counsel when they had opened it submitted to the Jury And the Ld. Ch. Justice began to direct the Jury but was interrupted by Mr. Finch who questioned whether it were Evidence or no because if it were they had other matter to offer in Answer to this Evidence and in their own Defence Whereupon the Ld. Ch. Justice resolved to hear them though the rest of the Bishops Counsel pray'd him to go on with his Lordships Direction But just as he was beginning to go on the King's Counsel then pray'd his Patience Mr. Solicitor General saying There was a Fatality in some Causes and so there was in this for that they had notice that a Person of very great Quality was coming that would make it appear that the Bishops made their Addresses to him that they might deliver this Paper to the King Then there was 3 or 4 long Pauses for above half an Hour And no one coming the Criar made Oath that Mr. Grabam coming into the Hall when his Lordship was directing the Jury said my Lord Sunderland was a coming but he would go and prevent him And afterwards returning and finding his Lordship did not go on he said he would go again for the Lord Sunderland whom he had sent away and he was now gone for him and said he would bring him with him presently At length the Lord President came and being sworn deposed That the Bishops of Saint Asaph and Chichester came to his Office and told him that they came in the Name of the Archbishop and 4 other of their Brethren viz. the Bishops of Ely Bath and Wells Bristol and Peterborough to let him know that they had a Petition to deliver to the King if he would give them leaver and desired to know of him which was the best way to do it That he told them he would know the King's Pleasure and bring them
should never be drawn into Example or Consequence That the Bishops here had done but what became them as Peers and Bishops in the most decent Manner And that unless this humble Petition so presented may be said to be a malicious and seditious Libel with an intent to stir up the People to Sedition the Jury ought not to find my Lords the Bishops guilty upon that Information Mr. Pollexfen next spoke insisting upon the Illegality of the King's Declaration as setting aside all the Law we have in England almost all being Penal Laws not only those before the Reformation but since especially in matters of Religion And therefore the King's Will not being consonant to Law and not obliging nothing can be done with a more Christian Mind than to inform him of it by way of Petition as the Bishops had done Then Mr. Serjeant Pemberton spoke Affirming that the Bishops had done no more than their Duty to God the King and the Church Denying the Dispensing Power as a thing that strikes at the very Foundation of all the Rights Liberties and Properties of the Kings Subjects whatsoever That the King 's Legal Prerogatives are as much for the Advantage of his Subjects as of himself That these Laws he would by his Declaration suspend are the great Bulwark of the Reformed Religion Intended to defend the Nation against false Religions Particularly the Romish Religion which is the very worst of all Religions a Religion no way tolerable nor to be endured here And yet if this Declaration should take effect all Religions would be let in and even that Religion would stand upon the same terms with the Protestant Religion and all the Care and Statutes that had been against it go for nothing That the Bishops have the Care of the Church by their very Function and Office and are bound to take care to keep out all those false Religions that are prohibited and designed to be kept out by Law and therefore could do no less than they did That our Law did allow the King no such Dispensing Power Instancing in that Check the Parliament had given to it in 1662. But here the Ld. Ch. Justice interrupted him as being what had been spoken to already Then Mr. Serjeant Levinz offered to shew that it has been taken all along as the ancient Law of England that such Dispensations ought to be by the King and Parliament and not by the King alone but he was stop'd enough having been offer'd already Therefore the Bishops Counsel proceeded to prove what had been said and to that end was produced and read in Court the Record of Richard the Second wherein the Parliament gave the King a Power to dispense with the Statute of Provisors which was a Penal Law concerning collating and presenting to Dignities and Benefices of the Church only till the next Parliament declaring withal that it was a Novelty and that it should not be drawn into Example Then the Journal of the House of Lords was produced and his Majesty's Speech to both Houses in 1662 read wherein is this Clause That if the Dissenters will demean themselves peaceably and modestly under the Government his Majesty said he could heartily wish that he had a Power of Indulgence to use upon occasion Whereupon there was a Bill in the House of Lords brought in to enable the King to dispense with several Laws which was read and committed but further than that it went not Which Bill was also read out of the Journal Then the Journal of the House of Commons was produced and a Vote read which passed Feb. 25. 1662. That no Indulgence be granted to the Dissenters from the Act of Vniformity With the Commons Address and Reasons for this Vote wherein was declared That the Act of Vniformity could not be dispensed with without an Act of Parliament The Journal of the House of Lords was again produced and the King's Speech to both Houses on Feb. 5. 1672 read wherein he mentions his Declaration for Indulgence The Journal then of the House of Commons was again produced and the Commons Petition and Address to the King Feb. 14. 1672 was read Wherein they thank him for his Speech And tell him They have considered his Declaration for Indulgence dated the 15th of March last And find themselves bound in Duty to inform his Majesty That Penal Laws in Matters Ecclesiastical cannot be suspended but by Act of Parliament And do therefore beseech him That the said Laws may have their free Course until it shall be otherwise provided for by Act of Parliament Then his Majesty's Answer to that Reply was read wherein he expresses his trouble that his Declaration has disquieted them That he does not pretend to the Right of suspending Laws wherein the Properties Rights or Liberties of any of his Subjects are concerned nor to alter any thing in the established Doctrine or Discipline of the Church of England But his only Design in this was to take off the Penalties and the Statutes inflicted upon Dissenters To which the Commons replied which was then read out of the same Journal That they found his Answer not sufficient to clear the Apprehensions that may justly remain in the Minds of his People by his Majesty's having claimed a Power to suspend Penal Statutes in Matters Ecclesiastical and which his Majesty does still seem to assert in his Answer to be intrusted in the Crown and never questioned in the Reigns of any of his Ancestors Wherein they humbly conceive him misinform'd Since no such Power ever was claimed or exercised by any of his Majesty's Predecessors And if it should be admitted might tend to the interrupting the free Course of the Laws and altering the Legislative Power which hath always been acknowledged to reside in his Majesty and his two Houses of Parliament With an unanimous Consent they therefore again besought him That he would be pleased to give them a full and satisfactory Answer to their Petition and Address and take such effectual Order that the Proceedings in this Matter might not for the future be drawn into Consequence or Example Then the Lords Journal was turned to wherein it waâ— read how that the King communicated this Address to the Lords and desired their Advice And that on March the 8th 1672 He made a Speech to both Houses wherein he tells them That if there was any Scruple remaining in them concerning the Suspension of Penal Laws he here faithfully promised them That what had been done in that Particular should not for the future be drawn either into Consequence or Example After which the Lord Chancellor imparted to them That his Majesty found some dissatisfaction remaining concerning the Officers to be employed abroad but if that bred any Umbrage the King commanded him to let them know That he resolves to give both his Houses full Satisfaction to their Desires And that his Majesty had last Night in pursuance of what he then intended and declared this Morning concerning the Suspension of
Penal Laws not being for the future to be drawn either into Consequence or Example caused the Original Declaration under the Great Seal to be cancelled in his presence whereof Himself and several other Lords of the Council were Witnesses The Record of which in the Journal was then read Then his present Majesty's Speech on Novemb 9. 1685 to both Houses was read wherein declaring the Necessity of his Standing Army and requiring a Supply for their Maintenance he says Let no Man take Exception that there are some Officers in the Army not qualified according to the late Tests I will neither expose them to disgrace nor my self to the want of them if there should be another Rebellion to make them necessary to me The Commons Journal being then turned to their Address to the King was then read Wherein after they had thanked him for his Care in the suppressing the late Rebellion they acquaint him that they had considered his Speech and as to that part of it relating to the Officers They do out of their bounden Duty humbly represent to him That those Officers cannot by Law be capable of their Imployments and that the Incapacities they bring upon themselves thereby can no ways be taken off but by Act of Parliament That therefore they are preparing a Bill to indemnify them from the Penalties they have now incurred And because the continuance of them in their Imployments may be taken to be a dispensing with that Law without Act of Parliament the Consequence of which is of the greatest Concern to the Rights of all his Majesty's Subjects and to all the Laws made for the Security of their Religion They therefore do beseech him he would be graciously pleased to give such Directions therein that no Apprehensions or Jealousies may remain in the Hearts of his Subjects After this that forecited Clause of the Statute 1. Eliz. was read and then Mr. Serj. Levinz spoke to this effect That the Charge being for a Libel it ought to be consider'd Whether the Bishops did deliver this Paper to the King of which there has been no direct Proof Publishing he would not talk of because there has been no proof of a Publication or supposing they did deliver it Whether this be a Libel upon the Matter of it the Manner delivering it or the Persons that did it He said it was no Libel taking notice of the disingenuity offered the Bishops in only setting forth part and not the whole Affirming that the Subjects have a Right to Petitioning in all their Grievances That this was a Grievance the Bishops petitioned against it being what the Law neither Common nor Act of Parliament allowed of And therefore the Bishops could not be guilty of the Charge Then Mr. Finch spoke briefly again making a Challenge to shew any one Instance of such a Declaration such a general Dispensation of Laws from the Conquest till 1672. Leaving their Cause upon this Point That to suspend Laws is to abrogate them and that to abrogate Laws is part of the Legislature which Power is lodged in King Lords and Commons To which Sir Robert Sawyer added That he found few Attempts of this Nature in any Kings Reign In the Reign of Henry the 4th there was an Act of Parliament that Foreigners should have a free Trade in London notwithstanding the Franchises of the City After the Parliament rose the King issued out his Proclamation forbidding the execution of that Law and commanding that it should be in suspense till the next Parliament yet that was held to be against Law Then he mentioned another Case upon the Statute of 31. Hen. 8. cap. 8. which enables the King by Proclamation in many Cases to create the Law which Statute was repealed by 1. Edw. 6. cap. 12. That very Act reciting that the Law is not to be altered or restrained but by Act of Parliament Then Mr. Sommers of Counsel also for the Bishops mentioned the Case of Thomas and Sorrel upon the Validity of a Dispensation of the Statute of Edward the 6th touching selling of Wine Where it was the Opinion of every one of the Judges and they did lay it down as a settled Position that there never could be a Suspension of an Act of Parliament but by the Legislative Power Affirming that the Matters of Fact alledged in the Bishops Petition had been proved perfectly true by the Journals of both Houses That there could be no Design thereby to diminish the King's Prerogative because he had none such That the Petition could not be Seditious nor stir up Sedition because it was presented to the King in private and alone False it could not be because the Matter of it is True There could be nothing of Malice because the Occasion was not sought the Thing was pressed upon them and a Libel it could not be because the Intent was innocent and they kept within the Bounds set by the Act of Parliament that gives the Subject leave to petition his Prince when he is grieved Here the Bishops Counsel saying they had done Mr. Attorn Gen. spoke for the King Alledging that the Records produced were nothing to the purpose because they were only Matters transacted in Parliament and not Acts of Parliament That be their Libel never so true yet still it was Libellous That though the Subject may petition the King yet not in such reflecting Terms And though Religion was concerned yet ought not illegal Means he made use of That therefore the Bishops ought rather to have acquiesced under their Passive Obedience till the Parliament met which the King had promised in his Declaration should be in November Then Mr. Sol. Gen. in along Speech added That the Bishops had no right of Petitioning out of Parliament and therefore the Proceedings in Parliament which had been produced were not to the purpose Here Mr. Justice Powel expressed his dislike of this Doctrine aside to the Ld. Ch. Justice who concurred with him Going on to prove from the Statute 1 Hen. 4. that there ought to have been no Complaint made till it had come from the Commons in Parliament that the Law continued so till the 3 Hen. 7. where the Grievance was found that Offences in the Intervals of Parliament could not be well punished and then comes the Statute that sets up the Court of Star-Chamber which yet was abolished by the Statute of the 15 Car. 1. That the Proceedings of Parliament produced were no Declarations of Parliament because never passed into an Act and therefore they are Nullities and cannot be accepted of as any Evidence Here again the Ld. Ch. Justice and Mr. Justice Powel discours'd aside saying he thought to impose upon them but they believed not one word he said Then he appealed to the Case in the 2 Cro. 2. Jac. 1. Where it is asserted That the King may make Orders and Constitutions in Matters Ecclesiastical And the Case of De Libellis Famosis which says in the 5th Report If a Person does a thing
that is Libellous you shall not examin the Fact but the Consequence And therefore if the King hath a Power to make Orders in matters Ecclesiastical and do so if any bring that Power into Question that is Sedition and the Legality or Illegality of the Order ought not to be examined Whence he doubted not but they had here a good Case for the King and that the Jury would give them a Verdict Then Mr. Justice Holloway asking him What the Bishops could have done in this Case if they might not Petition he answered That they should have acquiesced till the meeting of the Parliament At which some People in the Court hissed Adding that it was one thing for a Man to submit to his Prince where he cannot obey him and another thing to affront him this being Libelling with a Witness To which the Ld. Ch. Justice said That he was of Opinion that the Bishops might Petition the King though out of Parliament but not in such a Reflective manner because that would make the Government very Precarious But Mr. Justice Powel told Mr. Sol. Gen. it would have been too late to stay for a Parliament and if the Bishops had disobeyed without Petitioning it would have looked like a piece of Sullenness and they would have been blamed for it as much on the other side Mr. Serj. Baldock then spoke also for the King insisting on the Disobedience of the Bishops to the King who is their Supreme Ordinary they being not commanded to read it themselves but only to distribute them to be read and their giving Reasons for their Disobedience in a Libellous Petition charging the King with an illegal Act reflecting upon his Prudence Justice and Honour in laying his Commands upon them which being done by Bishops and having an Universal influence upon all the People he left it to his Lordship and Jury whether they ought not to answer for it Then Sir Barth Shore the Recorder spoke on the same Side saying He thought the Information proved for that no Answer had been made to it The Answer made being but Argumentative and taken either from the Persons of the Defendants as Peers who could have no right to Petition libellously or from the Form of it's being a Petition which could no more excuse them if it were scandellous than any other The Author of Julian the Apostate having as much right to publish his Book as the Bishops had to deliver this Libel to the King For which comparison he was checked by Mr. Justice Powel who told him it was the Birth-right of the Subject to Petition And that it was as lawful for the City of London to Petition for the Sitting of a Parliament as it was for the Bishops to give Reasons for their Disobedience to the King's Command And if their Petition was reckoned Libellous in saying that what the King had done in Dissolving the Parliament was an Obstruction of Justice what other Construction can be made of the Bishops saying that the King's Declaration is illegal And if they were so severely punished as to lose their Charter for what they did the Bishops ought to have the like Condemnation Then Mr. Serj. Trinder spoke in defence of the King 's Dispensing Power alledging Sir Edward Hales Case which the Ld. Ch. Justice told him was beside the Matter Then he condemned the questioning of the Bishops Counsel of the King's Power by referring themselves to the Declarations in Parliament as if the King's Authority was under the Suffrages of a Parliament that yet no such Declaration was produced they being mistaken and therefore it is in the nature of false News which is a Crime for which the Law will punish them Then the Ld. Ch. Justice summ'd up the Evidence and in conclusion gave his own Opinion that the Bishops Petition was a Libel Then Mr. Justice Powel gave his Reasons why he thought it no Libel and that the King had no Dispensing Power Next Mr. Justice Allybone endeavoured to make out and declared his Opinion that it was a Libel He refused to speak to the Prerogatives of the King as the Ld. Ch. Justice had done before him Then Wine was sent for for the Jury And upon request they were allowed to have along with them a Copy of the Information the Original Petition and the Declarations under the Great Seal But the Journals were not allowed them Mr. Sollicitor saying they were no Evidence Then the Court arose and the Jury went together to consider of their Verdict and staid together all Night without Fire or Candle On Saturday June 30. 1688. about Ten of the Clock in the Morning the Bishops came again into the Court and immediately after the Jury were brought to the Bar. And their Appearance being taken they delivered in their Verdict Not Guilty At which there were several great Shouts in the Court and throughout the Hall Mr. Sol. Gen. taking notice of some Persons in the Court that shouted moved very earnestly that they might be committed Whereupon a Gentleman of Grays-Inn was laid hold on but was soon after discharged And after the shouting was over the Ld. Ch. Justice reproved the Gentleman saying he was as glad as he could be that the Bishops were acquitted but his manner of rejoicing here in Court was indecent he might rejoice in his Chamber or elsewhere and not here Then asking Mr. Attorny if he had any thing more to say to the Bishops He said No. Then the Court arose and the Bishops went away FINIS APPENDIX To the Kings most Excellent Majesty the humble Petition of Algernon Sidney Esq Sheweth THAT Your Petitioner after a long and close Imprisonment was on the 7th Day of this Month brought with a Guard of Souldiers into the Palace-Yard upon an Habeas Corpus directed to the Lieutenant of the Tower before any Indictment had been exhibited against him But while he was there detained a Bill was exhibited and found whereupon he was immediately carried to the King's-Bench and there Arraigned In this surprise he desired a Copy of the Indictment and leave to make his Exceptions or to put in a Special Plea and Counsel to frame it but all was denied him He then offer'd a Special Plea ready ingrossed which was also rejected without reading and being threatned That if he did not plead Guilty or Not Guilty Judgment of High-Treason should be entred he was forced contrary to Law as he supposes to come to a General Issue in pleading Not Guilty Novemb. 21. He was brought to his Trial and the Indictment being so perplexed and confused as neither He nor any of his Friends that heard it could fully comprehend the Scope of it He was wholly unprovided of all the Helps that the Law allows to every Man for his Defence Whereupon he did again desire a Copy and produced an Authentick Copy of the Statute of the 46 Edw. 3. whereby it is Enacted That every Man shall have a Copy of any Record that touches him in any