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A53494 The second part of the Display of tyranny; or Remarks upon the illegal and arbitrary proceedings in the Courts of Westminster, and Guild-Hall London From the year, 1678. to the abdication of the late King James, in the year 1688. In which time, the rule was, quod principi placuis, lex esto. Oates, Titus, 1649-1705. 1690 (1690) Wing O52; ESTC R219347 140,173 361

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six more of the honourable and most valuable Gentlemen of that County p. 268. Heads of Informations before the House of Lords about the Murders of my Lord Russell Col. Sidney Sr Tho. Armstrong Mr Cornish c. p. 273. An Account of Charters Dispensations and Pardons passed between October 1682 and the late King's Abdication p. 312. Copies of some Papers relating to the fore-going Informations p. 316. Copy of Colonel Sidney's Plee p. 320. The Names of the Grand and Petty Juries return'd upon my Lord Russell p. 324. The Grand and Petty Juries return'd upon Alderman Cornish and Mrs Gaunt p. 328. The Pannel of Jurors returned upon Colonel Sidney p. 331. The solemn dying Declarations of seven Persons executed for the Conspiracy against the Life of King Charles the second and the Duke of York p. 335. REMARKS Upon the Tryal of Mr Laurence Braddon Mr Hugh Speke Upon an Information about the matter of the Murder of the late Right Honourable Arthur Earl of Essex THis Excellent Person and right Noble Peer the Earl of Essex did to say no more equal the best and most deserving of his Contemporaries in zeal and resolution steadily to assert and defend our Religion Laws and Liberties in the day in which they were most highly threatned and most dangerously invaded His Lordship and that sure and never shaken Friend to the right English Government and to the Interest of his Country His Grace the Duke of Bolton then Marquess of Winchester were usually if not always in the Chaire of the secret Committees of the House of Lords which inspected the business of the damnable Popish Plot and which was a Consequent of it the horrid Murder of Sr Edmundbury Godfrey who was made the first Sacrifice to the Popish rage for prying into that Arcanum His Lordship the Earl of Essex added also greatly to his Crimes in being Chaire-man of that Committee of Lords which prepared matters for the Tryal of that great Conspirator Colman the Duke of York's Minion and Secretary And he contracted a further and never to be forgiven Guilt in that soon after the astonishing dissolution of the Parliament in January 1680 and the King's Declaration of his Resolution to hold the next Parliament upon the 21st of March 1680 at Oxford several Noble Lords agreed upon a Petition to advise the King against that Resolution and their Lordship 's pitched upon the Earl of Essex to present it as he did upon the 25th of January 1680 and then made a Speech to his Majesty which deserves eternal Remembrance it was to this effect ☞ That the Lords there present with other Peers observing how unfortunate many Assemblies have been when called remote from London particularly the Congress at Clarendon in Henry the second 's time Three Parliaments at Oxford in the time of Henry the third and the Parliaments at Coventry in Henry the sixth's time with divers others which have proved fatal to those Kings and brought great mischief on the Kingdom And considering the Jealousies and Discontents amongst the People They apprehended the consequences of a Parliament at Oxford might be as fatal to the King and the Nation as those were to the then Reigning Kings and therefore they conceived they could not answer it to God to his Majesty or to the People If they being Peers should not offer him their advice to alter that unseasonable resolution The Petition was to this effect That whereas the King by Speeches and Messages to both Houses had rightly represented the dangers threatning his Majesty and the Kingdom from the Plots of the Papists the sudden growth of a Foreign Power which could not be stop'd unless by Parliament and an Vnion of Protestants That the King in April 1679 having called to his Council many honourable and worthy Persons and declared that being sensible of the evil Effects of a single Ministry or private Advice or foreign Committee for the direction of Affairs That he would for the future refer all things unto that Council and that by their constant advice with the frequent use of the Parliament he was resolved hereafter to Govern They began to hope to see an end of their Miseries But They soon found their expectations frustrated and the Parliament dissolved before it could perfect what was intended for their relief and security And tho' another was called yet by many Prorogations it was put off to the 21st of October past That though the King then acknowledged that neither his Person nor the Kingdom could be safe till the Plot was gone thorow yet the Parliament was unexpectedly prorogned on the 10th of January before any sufficient Order could be taken therein That all their just and pious endeavours to save the Nation were overthrown The good Bills they had been industriously preparing to unite Protestants brought to nought The Witnesses of the Plot discouraged Those foreign Kingdoms and States who by a happy Conjunction with us might check the French Power disheartned even to such a despaire as may induce them to take Resolutions fatal to us The strength and courage of our Enemies both at home and abroad encreased And our selves leftin the utmost danger of seeing our Country brought into utter Desolation That in these Extremities they had nothing under God to comfort them but the hopes that the King touch'd with the Groans of his perishing People would have suffered the Parliament to meet at the day to which it was prorogued and no further interruption should be given to their Proceedings in order to the saving the Nation But that that failed them too for the King by the private suggestions of Wicked Persons Favourers of Popery Promoters of French designs and Enemies to the King and Kingdom * Innuendo Some Body their Names are even at this day worth the knowing lest any of them should creep into their present Majesties Councils without the Advice against the Opinion of the Privy-Council dissolved that Parliament and intended to call another to sit at Oxford where neither Lords nor Commons could be in safety but would be exposed to the Swords of the Papists and their Adherents of whom too many were crept into the Guards That the Witnesses against the Popish Lords and Impeached Judges could not bear the charge of going thither nor trust themselves under the Protection of a Parliament that is it self evidently under the power of Guards and Souldiers The Petitioners out of a just Abhorrence of such pernicious Council which the Authors dared not to avow and their direful apprehensions of the Calamities and Miseries that may ensue thereupon Most humbly prayed and advised That the Parliament might not sit at a place where it would not be able to act with that freedom which is necessary but that it might sit at Westminster This Petition was signed Monmouth Kent Huntington Bedford Salisbury Clare Stanford Essex Shaftesbury Mordant Eure Paget Grey Herbert Howard Delamer This humble Application and most necessary and seasonable Advice found
one is to the matter To the Form 1st The general Allegation that he was impeached de alta Proditione is uncertain it ought to have been particularly set out that the Court might judge Whether it be the same Crime and it is not helped by the Averrment 2dly Here is no Impeachment alledged to be upon Record They make a general Allegation that F. Harris was Impeached Impetitus fuit by the Commons before the Lords Quae quidem Impetitio in pleno robore existit prout per Recordum inde c. Now there is no Impeachment mentioned before And quae quidem Impetitio is a relative Clause and no Impeachment being mentioned before in the Plea there is nothing averred upon the Record to be continued or discontinued for Impetitio does not actively signifie the Impeaching or passively the Person Impeached but it signifies the Impeachment the Accusation which is to be upon Record Therefore when they say he was impeached and afterwards alledge Quae quidem Impetitio remains upon Record that cannot be good for the Relative there is only Illusive For the matter of the Plea 't is a Plea to the Jurisdiction of the Court There the point will be Whether a Suite depending even in a Superior Court can take away the Jurisdiction of an Inferiour Court which had an Original Jurisdiction of the Cause and of the Person at the time of the Fact committed I insist upon these Exceptions Mr Williams for the Prisoner then said I take these things to be admitted Mr Attorney having demurred generally 1. That the Prisoner stands Impeached 2. That the Impeachment is now in being 3. That this was done secundum Legem Consuetudiem Parliamenti and being so remains in plenis suis robore effectu And more particularly the Plea refers to the Record for the parts and Circumstances of the Impeachment prout patet per Record So that it refers the Impeachment to the Record and tells you 't is amongst the Records of that Parliament 4. Moreover That the Treason in the Impeachment and the Treason in the Indictment are one and the same and that this Person Fitz-Harris indicted and F. H. impeached are one and the same Person And withal it appears upon the Record that this Impeachment was depending before the Indictment found for the Parliament was the 21st of March and it appears this is an Indictment of this Term And further it appears not by any thing to the contrary in the Record but that this Parliament is still in being and then it must be admitted so to be Whether your Lordship now will think fit in this Court to proceed upon that Indictment is the substance of the Case I think it will not be denyed but that the Commons may Impeach any Commoner before the Lords That was the Case of Tresilian and Belknap in the time of Richard the second Vpon that Impeachment one of them was Executed and the other Banished in Parliament Mr Attorney allows the Parliament to be a Superior Court but says yet the Inferiour Court having Original Jurisdiction of the Person and Cause may proceed notwithstanding an Impeachment in Parliament I will shew how manifestly an Indictment and an Impeachment differ The Case of an Appeal is like the Case of an Impeachment An Appeal of Murder is at the suite of the Party and in this case 't is at the suite of the Commons t is not in the Name of the King but of all the Commons of England So that 't is like an Appeal and not like an Indictment an Indictment is for the King an Impeachment for the People It is not safe to alter the old ways of Parliament 't is out of the road of Comparisons when they will compare an Indictment and an Impeachment together It becomes not the Justice of this Court to weaken the Methods of Proceedings in Parliament Your proceeding upon this Indictment is to subject the Method of their Proceedings there to the Proceedings of this Court It is not fit that the Justice of the Kingdom and the High Court of Parliament should be crampt by the Methods of an Inferiour Court and a Jury The Parliament is the supreame Court and this Court every way inferiour to it and 't will be very strange that the Supreame Court should be hindred here For the highest Court is always supposed to be the wisest and the Commons in Parliament a greater and wiser Body than a Grand Jury of any one County And the Judges in that Court the Peers to be the Wisest Judges Will the Law of England suffer an Examination Impeachment and Prosecution for Treason to be taken out of the Hands of the greatest and wisest Inquest in England And will it suffer the Judicature to be taken out of the hands of the wisest Judges It stands not with the Wisdom of the Law or of the Constitution of the Government Another thing is this the common Argument in an extraordinary Case there is no Precedent for this way of Proceeding 'T is my Lord Cok's Argument 〈◊〉 Coke's Littleton fol. 108. and in the ●th Instit fol. 17. in the Case of the indictment against the Bishop of Winchester and of that against Mr Plowden He says 't is a dangerous attempt for Inferiour Courts to alter or meddle with the Law of Parliaments So in this case in regard it never was done from the beginning of the World till now it being without President there is no Law for it Another mischief which follows upon this is If you take this Case out of the power of the Parliament and bring it into this Court where the Offence may be pardoned you change the method of proceedings which make the Offence without consent of the Prosecutors not pardonable by Law This may be of dangerous consequence to the Publick by giving this Court a Jurisdiction and possessing it of these Causes expose them to the will of the Prince This way of proceeding inverts the Law in another thing 'T is a Principle that no man's Life is to be put twice in danger for the same thing If you proceed upon this Indictment and he be acquitted will that acquittal bind the Lords in Parliament If they may proceed upon the Impeachment then you invade every English-man's right and his Life may be brought in question twice upon the same account I take it to be a Critical thing now at this time to make such attempts as these are There are Lords now that lie under Impeachments of Treason if you goon in this do you not open a Gap that may be a ground to deliver them By the same Justice the Lords may be tryed by another Court This proceeding will have this effect it will stir up a Question between the Jurisdiction of this Court and the Parliament for in probability if this Person be acquirted the Commons and the Lords too will look into it If he be found guilty here is the Power of the Commons in Impeaching and the Jurisdiction of
The Second Part Of the DISPLAY OF Tyranny OR REMARKS UPON The Illegal and Arbitrary Proceedings in the Courts of Westminster and Guild-Hall London From the Year 1678. To the Abdication of the late King James in the Year 1688. In which time the Rule was Quod Principi placuis Lexesto Printed Anno Anglia Salutis Secundo 1690. Sold by Book-sellers in London and Westminster TO The Eminently Deserving and Highly Honoured Sr Samuel Barnardiston Baronet Sir YOu are no more able to deliver your self from the Persecution of a dedication than you were in your single Person to stem the dreadful deluge of Popery and Tyranny which very lately brought Old England within an Hair's breadth of that utter Ruin that was manifestly impending Indeed when I first took the resolution of inscribing your honoured Name to the first part of my Scriblings I purposed to have petitioned your Licence so to do but at the time when the thing was finished I was at such a great distance from you that I had not opportunity to do it and therefore being no nearer to you at this time I do implore your Pardon for my Presumption therein and for my repeating that Transgression and do hope that you will the more readily grant it when I have made this publick Acknowledgement to the World in case any thing I have said be deemed offensive which I hope there cannot that Sr Samuel Barnardiston was no way privy to the writing of the First or of this Second part of these Stories and that I can upon very good ground say that he doth not to this day know who is the Collector of them Sir He who is not allowed to use a Sword in his Countries quarrel may surely be indulged in crying out Murder Treason when he sees a Pistol at his Prince's head or a Dagger at his Heart and having with grief beheld that very same Toryism which murder'd the best of Men my good Lord Russell and many others of our best Patriots to be rampant and impudent and as irreconcilably bent against the true Government of England which the glorious and most miraculous providence of Heaven has lately devolved upon our undoubted rightful King and Queen as it was against our late blessed Martyrs for the English Liberties I could not withhold my self from attempting the service of my Generation according to my mean capacity in exposing those Principles and Practices which but t'other day had brought the Kingdom to the very brink of irreparable ruin especially when I see at this very day the Men who had suck'd in that Poison Designing and Plotting not to allure but to dragoon us into French Bondage The truth of it is Sr. I was much irritated to the prosecution of this Work by what I met with in my return from the late Tryal of Skill in Essex when those most worthy Gentlemen Colonel Mildmay and Sr. Fran. Masham were elected Knights for that County I have heard that it hath been an old Observation that tho' many Honourable Reverend and Worthy Persons have frequently voted against your self in Suffolk and against Colonel Mildmay in Essex yet that it hath been rarely seen that a Tory has voted for either of you And it is well remembred that at the time of the mighty strugling between Popery and Christianity in the Critical Year of 1681. the then Lord Chief Justice Scroggs sent for many of the Gentlemen of Essex and told them that whatever they did they must not chuse Mildmay But I have digressed what I was saying is Rigby was one of the Good and True Men whom the great Care of Sr. Dudley North had returned to pass upon my Lord Russel's Life and he stood in that Pannel within two of Oneby who was last sworn that one Mr. Rigby of Covent Garden I name him because he stands indicted in Essex for the Crime I am mentioning returning from voting at that Election upon the 11th of March last being to a high degree enraged that Colonel Mildmay and Sr. Francis Masham were chosen for you must know he was of t'other side said that 't was no matter who carried the day there But if the King would not do as they would have him innuendo himself he knows who besides But I am most certain my Lord of Oxford doth not They would make a King that should do as They would have him And this being upon the Eve of the Fast appointed by their Majesties Proclamation he proceeded adding We must keep a damn'd Fast to morrow This most Loyal Disciple of Sr. Roger's and designed Jury-man for my Lord Russel taking Pet because Colonel Mild may was chosen a Parliament Man must now by all means have a King of his own making and 't is six and twenty to one but if the Silly Woman had pledged him K. James's Health but the next Glass had bin to our Lord Lewis King Elect. but we will eat Roasted Beef and be Drunk He then put a glass of Wine into a very Civil Woman's hand saying Drink King James 's Health and upon her answering him No I deny that but I will drink the Wine he said Damn you for a Bitch would it might poison you where you stand and added A Bitch to deny a Gentleman such a Request She deserves to be Sacrificed Sr. I cannot upon this occasion of Health-drinking hinder my self from remembring the Case of Mr. Elias Best a substantial Citizen but one who had been an Ignoramus Jury-man a great Reproach and an unpardonable Crime in that day as you Sr. very feelingly know He was indicted for the Frolick of drinking to the Pious Memory of Honest Stephen Colledge and condemned to a Fine of 1000 l. to stand Three Times in the Pillory and to give Sureties for the Good Behaviour for Life Upon this Judgment he was imprisoned Three Years to the loss of good Trade and to the ruin of his Health and his Estate and when almost ready to expire he was graciously pardoned upon payment of 200 l. to the Empson and Dudley of the late Reign Graham and Burton 'T is well for Mr. Rigby that the accursed Practices of that day are not to be Presidents in the present benign and most merciful Reign Sr I have no sinister nor mercenary end in emitting these Papers to publick view I write not for reward for I gave away as many scores of the first part of this Tract as the Printer gave me and have not one for my self and I should be vaine to the highest degree to expect applause for so confused and ill digested a Work as this is But I have with a good will tho' in a very feeble manner brandished my Pen for the service of that good old Cause which I ever loved and must love should it cost me my life I mean the Liberties of England and it hath deeply wounded me to hear and know so many instances as I do of the unpunished nay of the uncheckt Seditious and
the same entertainment which King Charles the second ever gave to the Councils offered to him in favour of the Protestant Religion and of the true English Government however the honest zeal and undaunted Courage of these Noble Lords made deep impressions upon the Breasts of all true Lovers of the Laws and Liberty of their Country And the Citizens of London in Common-Hall assembled upon the 4th of February 1680. spoke their Approbation of their Loraship's Noble Enterprize in what follows which was agreed upon with a general and loud Acclamation of thousands of Citizens To the Worshipful Slingesby Bethel and Henry Cornish Esquires Sheriffs of London and Middlesex WE the Citizens of the said City in Common-Hall assembled having diligently perused the late Petition and Advice of several Noble Peers of this Realm to his Majesty whose Counsels We humbly conceive are in this unhappy juncture highly seasonable and greatly tending to the safety of these Kingdoms We do therefore make it our most hearty request that you in the Name of this Common-Hall will return to the Right Honourable the Earl of Essex and by him to the rest of the Noble Peers the grateful Acknowledgment of this Assembly By these means and indeed by the whole Course of this Noble Lord's Life which was a steady Course of Exemplary unshaken Vertue and shew'd an unalterable affection to the true Religion and detestation of Tyranny He became insupportable to those whose Study was Mischief and to whom no Person was acceptable but such as they found disposed to betray the Protestant Religion and the Rights of England to their Popish and Despotick Designs and therefore from this time they grew more assiduous to contrive his Destruction The Conspirators well knew that this Great Man had most deservedly acquired a mighty share in the hearts of the People And that as he knew very much of their Designs so that he was not by any arts or allurements to be Cozen'd or tempted to a Complyance therewith therefore as They told the brave Colonel Sidney he must dye that their Plot might live and to avoid the Reproach of bringing the Son to the Block by that very Prince for whom the Father had lost his Head and which is also very probable to prevent his discovery of what he could tell and others knew not They condemn him without a Tryal and in a most barbarous manner Murder him in the Tower But Heaven intending to bring this accursed Assassination of the brave Earl of Essex to light a report of very suspitious Circumstances in relation to that matter was instantly spread and reached the Ears of Mr Braddon a Gentleman of great Integrity and of no less Courage whose honest Zeal prompted him to look into that hellish Intrigue and to endeavour a full discovery of that horrid Villany but that Season not allowing it he and Mr Speke were run upon and with great fury prosecuted in the manner following They were brought to Tryal upon an Information charging them with Subornation and endeavouring to raise a belief that the Earl of Ess did not murder himself The Judges then in Court were The Lord Chief Justice Jeffryes Judge Withens and Judge Holloway The Jury Sr Hugh Middleton a Papist Thomas Harriot Thomas Earsby Joshua Galliard Richard Shoreditch Charles Good Samuel Rouse Hugh Squire Nehem. Arnold John Byfeild William Waite James Supple The King's Council were Attorney General Sawyer Solicitor General Finch Jenner Recorder of London Mr Dolben Mr North Mr Jones Council for the Defendants were Mr Wallop Mr Williams Mr Thompson Mr Freke Mr Dolben opened the Information to this effect That whereas the Earl of Essex upon the 10th of July last was committed to the Tower for Treason and did there Murder himself as was found by the Coroner's Inquisition yet the Defendants designing to bring the Government to hatred the 15th of August conspired to perswade the King's Subjects that the said Earl was Muedered by certain Persons unknown and to procure false Witnesses to prove that he was not felo de se but was Murdereds and that they did malitiously declare in writing that Mr Braddon was the Person that did prosecute the said Murder to the scandal of the Government c. Then the Attorney General brought in Evidence Sr Leoline Jenkins his Warrant for the Commitment of the Earl to the Tower and the Inquisition of Mr Farnham the Coroner taken by this Jury July 14th 1683. viz. Samuel Colwel William Fisher Thomas Godsell Thomas Hunt Natha Mountney Thomas Potter William How Robert Burgoyne Eleazar Wickens Thomas Hogsflesh Henry Cripps Richard Rudder William Knipes John Hudson John Kettlebeater Lancelot Coleson Morgan Cowarne Thomas Bryan William Thackston Richard Cliffe Zebediah Prichard William Baford and Theophilus Carter Which Jury had found that the Earl of Essex was Felo de se Then the Witnesses for the King being called Mr Evans was sworn and the Attorney General suggested that he and old Mr Edwards would prove that Mr Braddon went about and declared that the Earl of Essex was Murdered and that he was the Prosecutor of the Murder but neither of them answered expectation in that matter Mr Evans testified that Mr Edwards told it to him and others for News at the Custom-House that fore-noon of the day of the Earl of Essex his death that his Son said that he saw a Razour thrown out of the Earl's Window That upon the Munday after which was July the 16th Mr Braddon came with Mr Hatsel to his House where Mr Hatsel shewed him the Coroner's Inquisition in Print which having read Mr Evans told Mr Hatsel what he had heard from Mr Edwards at the Custom-House And he said that Mr B. did not concern himself or say any thing though he might hear Mr Evans his discourse with Mr Hatsel he being walking about the Room Mr Evans added that upon the 17th of July Mr Edwards and Mr Braddon found him in a Coffee-House and Mr Edwards then told him that Mr Braddon had been with him examining his Son about a Razour that was thrown out of the Earl of Essex his Window Mr Edwards testified that about ten of the Clock the day of the Earl's death he was informed by his Family and by his Son that same day at noon that his Son came from the Tower about ten of the Clock and said that he had seen the King and Duke and that the Earl of Essex had cut his own Throat and that the Boy saw an hand throw a Razour out of the Window and a Maid in a white Hood came out of the House and took it up and then go in again and that he heard a noise as of Murder cryed out Mr Edwards acknowledged that he told several at the Custom-House the same day what the Lad had declared and that Mr Bradden came not to make enquiry about it till Tuesday the 17th of July before which time he never knew Mr Braddon that he then told him what report the
SR Reignald Foster of Criplegate Bar. Sr John Musters of Hornsey Knight Peregine Bertie of St Martins in the Fields Esqrs Richard Morely of St Martins in the Fields Esqrs James Supple of the same John Angier Carpenter of Westminster Richard Fisher of Westminster John Kirke of Westminster Christopher Granger of Westminster John Nicholl of Finchley William Cleeve of Criplegate Richard White of Criplegate Sr Charles Gerard of Harrow on the Hill Sr Richard Fisher of Clerkenwell Sr Robert Dacres of Clerkenwell Sr John Kirke of St Martins in the Fields John Wells of Marybone Samuel Linne senior of Clerkenwell Michael Todd of Clerkenwell William Linne of Clerkenwell Laurence Wood of Holborne Taylor John Powel of the Strand Hugh Hamersly of the same John Cannon of St Giles in the Fields Sr John Brattle of Enfield an Officer in the Mint Sr John Downton of Isleworth Sr William Hill of Tedington Ralph Hawtry of Rislip Esq Francis Knowles of Covent-Garden Esq Thomas Hinton of St Giles in the Fields John Merridel of St Giles in the Fields John Bailey of St Giles in the Fields Abel Andrews of Edmonton Reuben Bourne of Edmonton Emery Arguise of Westminster Carpenter Richard Cooper of St Martins in the Fields Thomas Row of Hornesey Esq a Captaine in the Army John Bathurst of Edmonton Esq Richard Pagitt of Westminster Esq Nehemiah Arnold of Westminster Esq William Freeman of Hatton-Garden Esq William Avery of Enfield Francis Stevens of Westminster Esq Thomas Phelps of St Martins in the fields John Smalbone of St Martins in the fields Tho. Whitfield of St Martins in the fields John Haynes of St Martins in the fields Charles Monke of St Martins in the fields John Sharpe of Wapping Lieutent Colonel Josia Clarke of Chiswick William Wayte of St Chements Danes keeper of the Privy Garden John Bignal Senior of St Martins in the Fields George Glisby Carpenter of St Martins in the Fields Nicholas Baxter of St Martins in the Fields Tho. Roberts of St Martins in the Fields John Hazard Vintner of St Clements Danes Jeremi Playner Vintner of St Clements Danes William Reeves of St Clements Danes William German of St Clements Danes Tho. Claxton of Harrow Esq Charles Pryor of Highgate Tho. Curtis of St Clements Danes Bradshaw of the Strand Esq Tho. Kensey of St Giles's in the Fields Esq Richard Taylor of Chiswick Esq William Groves of St Clements Danes John Bert of the Savoy Samuel Lynne junior of Holborne Richard Bromfield of Holborne Edward Hampsted of St Giles Benjamin Boltby of St Giles Christopher Chambers of St Giles Arthur Blyth of Paddington John Leeson of the Strand Tho. Elton of Stepney Nicholas Grice of Hesson Simon Smith of Westminster Esq Bartholomew Parr of East Smithfield Francis Child of Acton Gentleman John Davis of St Martins John White the King's Founder of St Martins Stephen Philips Richard Foster of Westminster Tho. Graves of the Strand John Singleton of the Strand Tho. Tatton Gentleman of the Strand Robert Longland Gentleman of St Giles James Blagrave Gentleman of St Giles William Abel of St Giles To draw to what I have impatiently desired a conclusion It is a sad Truth that the Conspirators had long resolved to go to hanging work Sr Roger L' Estrange could more certainly predict the time than Mr Gadbury could that of the Birth of his Prince of Wales for at that very Juncture when it was resolved That Sr Dudley North must be Sr John Moores Sheriff We had the direful Consequences foretold in the Observator of May 20. 1682 Number 140. in these words If it should please God to send us SEASONABLE SHERIFFS The same celebrated Auther told the World whom the esteemed his seasonable Sheriffs for in his Observator of May 17th 1684. he sayes Prithee will thou set their Cornish and Bethel their Pilkington and Shnte against Our North and Rich Our Daniel and Dashwood and say which of these Sheriffes are the likelyer Men to juggle Protestants out of their Lives But the Poor VVhigg durst not for his Eares at that day answer this ensnareing Question for if he had and done it honestly it might have cost him his Head and faire Play for our money there are set a soot so many Titles in competition for the Gallowes that it would be a hard matter to settle their Claimes and say who should go first And We know that the Gentleman was a Minister of State in that Reign But to allow every thing its due weight and to set the Tragedy of that dismal day In its proper Light I sha here revive the Remembrance of the dying Testimonys of very serious Persons who then lost their Lives for that horrid Conspiracy against the late Kings Charles and James the Second which frighted the Cheshire Grand Jury and with them a great part of the Kingdom out of their VVits 'T is well known that the VVitnesses against them swore for their own Lives with halters about their Necks and it s as true that most of the Witnesses had talk't at a mad rate in the hearing of some of those whom they destroyed But see what those dying Protestants in a most solemn manner declared with their last Breath Mr Colledge took it upon his death That he was never engaged in any manner of Plot or Conspiracy against the King the Laws or the Government or knew of any except that of the Papists That if it had been true that he was to have seized the King he knew not of so much as one single Person that was or would have stood by him in that attempt Captain VValcot denyed any design of killing the King or of engaging the Guards whilst others killed him And said that the Witnesses invited him to Meetings where some things were discoursed of in order to the asserting our Liberties and Properties which we lookt upon to be violated and invaded That They importuned and perpetually solicited him and then deliver'd him up to be hang'd That They combined together to swear him out of his Life to save their own and that they might do it effectually They contrived an Vntruth That he forgave them tho' guilty of his Blood But withal earnestly begg'd That they might be observed that Remarks might be set upon them whether their end be peace and he concluded with what made Sr Roger L'Estrange a great deal of Sport but yet Heaven has made it good That when God HATH A WORK TO DO HE WILL NOT WANT Instruments Mr Holloway declared that Mr West proposed the Assassination but none seconded him That he could not perceive that Mr Ferguson knew any thing of it and Holloway said It was our design to shed no Blood He being interrogated by Mr Ferguson's Friend Mr Sheriff Daniel whether he knew Ferguson He answer'd that he did know him but knew him to be against any design of killing the King Sr Tho. Armstrong at his death spoke thus Mr Attorney said I was accused for being one of Those who were