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kingdom_n	king_n	say_a	sovereign_a	6,197	5	10.5774	5	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
B30874	The tryals of Henry Cornish, Esq for conspiring the death of the King, and raising rebellion in this kingdom : and John Fernley, William Ring, and Elizabeth Gaunt for harbouring and maintaining rebels, at the Sessions-house in the Old-Bailey, London and County of Middlesex, on Monday, Octob. 19, 1685.	Cornish, Henry, d. 1685.; Fernley, John, d. 1685.; Ring, William, d. 1685.; Gaunt, Elizabeth, d. 1685.	1685 (1685)	Wing T2250A	67,831	45

THE TRYALS OF Henry Cornish Esq FOR CONSPIRING The Death of the King And raising a REBELLION IN THIS KINGDOM AND Iohn Fernley William Ring and Elizabeth Gaunt For Harbouring and Maintaining REBELS AT THE Sessions-House in the Old-Baily London on a Commission of Oyer and Terminer held there for the City of London and County of Middlesex on Monday Octob. 19. 1685. LONDON Printed and Sold by George Croom at the Sign of the Blue-Ball in Thames-street near Baynard's Castle MDCLXXXV I Do appoint George Croom Printer to Print and Publish the TRYALS of HENRY CORNISH JOHN FERNLEY WILLIAM RING and ELIZABETH GAVNT and that no other do presume to Print the same December the 1st 1685. THO. JONES THE TRYALS OF John Fernley William Ring Elizabeth Gaunt and HENRY CORNISH Esquire Indicted for HIGH-TREASON MOnday Octob. 19th 1685. at the Sessions-House in the Old-Bayly London The Court being met and Proclamation made for Attendance the Proceedings were as follow Clerk Set John Fernley to the Bar. Which was done Cryer O Yes All manner of Persons are commanded to keep silence upon pain of Imprisonment Clerk John Fernley hold up thy hand Which he did Thou standest indicted by the Name of John Fernley Middlesex THE Jurors for our Sovereign Lord the King upon their Oaths do present That John Fernley of the Parish of St. Mary Matfellon otherwise White-Chappel in the County of Middlesex Barber as a false Rebel and Traitor against the most Illustrious and most excellent Prince King James the Second by the Grace of God of England Scotland France and Ireland King and his natural Lord not having the fear of God in his Heart nor his due Obedience any wise regarding but being moved and seduced by the Instigation of the Devil and his faithful Duty and natural Obedience which a true and loyal Subject ought to have towards his said Lord the King and by Law ought to observe utterly withdrawing and intending with all his Endeavours the Peace and Tranquillity of this Kingdom of England to disturb and War and Rebellion against our said Lord the King to incite and move and the Government of our said Lord the King in this Kingdom of England to subvert and our said Lord the King from his Title Honour and Regal and Imperial Crown of this his Kingdom of England to depose and deprive and our said Lord the King to Death and utter Destruction to bring the 20th day of August in the Year of the Reign of our Sovereign Lord James the Second by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. the first and divers other days as well before as after at the Parish of St. Mary Matfellon otherwise called White-Chappel in the County of Middlesex falsly maliciously devilishly and traiterously with divers Rebels and Traitors to the Jurors aforesaid unknown did conspire imagine and intend our said Sovereign Lord the King now his supreme and natural Lord not only of his royal State Title Power and Government of this his Kingdom of England to deprive and depose but also the same Lord the King to kill and murder and the ancient Government of this Kingdom of England to change alter and totally subvert and a miserable Slaughter amongst the Subjects of our Lord the King throughout all this his Kingdom of England to cause and procure and ●n Insurrection and Rebellion against our Lord the King to procure promote and assist and the same his most wicked most inhumane and most devilish Treasons and Conspiracies Purposes and traiterous Imaginations to fulfill and to effect he the said John Fernley as a false Traitor then and there viz. on the said 20th day of August in the Year of the Reign of our said Lord the King the first as aforesaid at the Parish aforesaid in the County aforesaid well knowing one James Burton to be a false Traitor and as a false Traitor traiterously to have conspired and imagined the Death and utter Destruction of our said Lord the King and War and Rebellion against our said Lord the King within this Kingdom of England traiterously with divers other Rebels to the Jury unknown to have levied and stirr'd up he the said John Fernley afterwards viz. on the said 20th day of August in the Year of the Reign of our said Lord the King now the first aforesaid at the Parish aforesaid in the County aforesaid the said James Burton in the Mansion house of him the said John Fernley situate in the Parish and County aforesaid knowingly secretly wickedly devilishly and traiterorsly did harbour conceal comfort sustain and keep and then and there for the comforting sustentation and maintenance of the said James Burton the said John Fernley Meat and Drink to the said James Burton maliciously and traiterously did give and deliver and did cause to be given and delivered against the Duty of his Allegiance against the Peace of our said Lord the King his Crown and Dignity and also against the form of the Statute in the like case made and provided c. Clerk How sayest thou John Fernley art thou guilty of the High-Treason whereof thou standest indicted or not guilty Fernley Not guilty Clerk Culprit how wilt thou be tryed Fernley By God and my Country Clerk God send thee a good Deliverance Set William Ring to the Bar. Which was done William Ring Hold up thy hand Which he did Thou standest indicted by the Name of William Ring of the Parish of St. Clements Danes in the County of Middlesex Taylor Middlesex THE Jurors for our Sovereign Lord the King do present upon their Oaths That William Ring late of the Parish of St. Clements Danes in the County of Middlesex Taylor as a false Traitnr against the most Illustrious and excellent Prince James the Second by the Grace of God of England Scotland France and Ireland King and his natural Lord not having the fear of God in his heart nor the duty of his Allegiance any ways weighing but being moved and seduced by the instigation of the Devil and the true due and natural Obedience which true and faithful Subjects of our said Lord the King towards our said Lord the King should and of right ought to bear wholly withdrawing and with his whole strength intending the Peace and common Tranquillity of this Kingdom of England to disquiet molest and disturb and War and Rebellion against our said Lord the King within this his Kingdom of England to incite and stir up and the Government of our said Lord the King in this his Kingdom of England to subvert and our said Lord the King from his Title Honour and regal Name of his Imperial Crown of this his Kingdom of England to depose and deprive and our said Lord the King to Death and final Destruction to bring and put the 20th day of July in the first Year of the Reign of our Sovereign Lord James the Second by the Grace of God of England Scotland France and Ireland King

Defender of the Faith and divers other days and times as well before as after at the Parish of St. Clements Danes in the County of Middlesex falsly and maliciously devilishly and traiterously with divers other Rebels and Traitors to the Jurors unknown he did conspire imagine and intend our said Lord the King our supream and natural Lord not only from his royal State Title Power and Government of his Kingdom of England to deprive and depose but also our said Lord the King to kill and put to death and the ancient Government of this Kingdom of England to change and alter and wholly to subvert and a miserable Slaughter among the Subjects of our said Lord the King throughout this whole Kingdom of England to cause and procure and Insurrection and Rebellion against our said Lord the King to procure move and assist And his said most wicked and devilish Treasons and traiterous Conspiracies Compassings Imaginations and Purposes aforesaid to fulfil effect and perfect he the said William Ring as a false Traitor then and there to wit the said 20th day of July in the said first Year of the Reign of our said Lord the King that now is aforesaid at the Parish and County aforesaid well knowing Joseph Kelloway and Henry Lawrence to be false Traitors and as false Traitors traiterously to have conspired and imagined the Death and final Destruction of our said Lord the King and War and Rebellion against our said Lord the King within this his Kingdom of England traiterously with divers other Traitors to the Jurors unknown to have levied and raised and stirred up and he the said William Ring afterwards to wit the said 20th day of July in the first Year of the Reign of our said Sovereign Lord the King aforesaid at the Parish aforesaid the said Joseph Kelloway and Henry Lawrence in the dwelling House of him the said William Ring situate in the Parish and County aforesaid knowingly secretly wickedly divelishly and traiterously he did barbour conceal comfort sustain and maintain and then and there for the comforting sustaining and maintaining of the said Joseph Kelloway and Henry Lawrence he the said William Ring Meat and Drink to the said Joseph Kelloway and Henry Lawrence maliciously and traiterously did give and deliver and did cause to be given and delivered against the Duty of his Allegiance against the Peace of our said Sovereign Lord the King his Crown and Dignity and against the form of the Statute in this case made and provided c. How sayest thou William Ring art thou guilty of the high-Treason whereof thou standest indicted or not guilty Ring Not guilty Clerk Culprit how wilt thou be tried Ring By God and my Country Clerk God send thee a good Deliverance Set Henry Cornish to the Bar. Henry Cornish hold up thy hand Mr. Cornish My Lord I have been confined without any notice given me until Saturday about noon of my Tryal My Lord I do hope seeing I appear before your Lordships and this Honourable Bench who have known something of my former Conversation that you will be pleased to consider me and grant me what is customary and commonly done to Persons in my Circumstances Mr. Jones Mr. Cornish if you please you shall have your time of speaking hereafter but now you are only to plead without any more ado Mr. Cornish My Lord I beseech you hear me a little I have been so confined Lord Mayor Mr. Cornish you must observe the Rules of the Court. Mr. Cornish My Lord I hope I shall be allowed what is customary in such Cases Lord Mayor What is it you would have Mr. Cornish My Lord I do desire if your Lordship will please to consider me Mr. Jones Wou'd you not be arraign'd Mr. Cornish After you are arraign'd and have pleaded you may speak Mr. Cornish Let me tell your Lordship what my case is Is it reasonable not to have above half a-days time for Preparation for my Tryal and no Counsel allowed me Mr. Recorder Nor ought without leave of the Court or by His Majesties special Appointment Mr. Cornish I have not had a Friend to come to me but in the Presence of Major Richardson Mr. Recorder None have in your Circumstances Mr. Cornish My Lord ought not I to have a Copy of the Pannel it is a thing never denied Record It hath been denied very often Mr. Cornish My Lord it is a matter wherein my Life is concerned and therefore I hope your Lordship will hear me Mr. Jones After you are arraign'd you may speak and put off your Tryal if you can Mr. Cornish My Lord I cannot go from this before I possess your Lordship with a right Understanding of it it is beyond Precedent no such Precedent that any man should be kept with that Strictness I have been Recorder Mr. Cornish I wonder you will say so I tell you there is no man accused of your Crime but is so kept Mr. Cornish If your Lordship pleases to allow me a little time I do not question but I can very well satisfie your Lordship and this honourable Court that I am a very innocent Person Mr. Recorder You will have your proper time for that but now you must plead that you may hear the Particulars of your Charge and have an opportunity to make out your Innocence for we must keep the same method with you we do with all other Persons in your Circumstance and therefore you must plead as other Persons do Mr. Jones Will you or will you not Sir without any more ado the Law gives you advantage you may challenge any body there are fourscore returned honest men and you may challenge who you please Mr. Cornish Alas my Lord what can I do Counsel He disputes out of time he is to be arraign'd Recorder Come Mr. Cornish you must plead Mr. Cornish I did understand last night His Majesty was graciously pleased to refer these matters as to my Tryal to my Lords the Judges and my Lord I do hope that the Judges when they hear this matter that I shall have some time allowed Recorder Pray Mr. Cornish take the Rule of the Court your business is now to plead when you have pleaded what you have to offer for the putting off your Tryal may be heard then Clerk Henry Cornish hold up thy hand Mr. Cornish My Lord I would do nothing that should be a dishonour to your Lordship and the Court. Sir James Smith You know the way of the Court Mr. Cornish you must plead Mr. Jones If you will not plead I will move the Court to record your standing mute Mr. Cornish I have known that this Court hath heard what the Prisoner hath to say at the Bar and I have more to say perhaps than any man that ever stood at this Bar. Recorder Mr. Cornish when you have pleaded you have time to speak for your self Clerk Henry Cornish hold up thy hand Which he did Thou standest indicted by the Name of Henry Cornish

THat Henry Cornish late of the Parish of St. Michael Bassishaw London Merchant as a false Traitor against the most Illustrious Prince Charles the second late King of England Scotland France and Ireland Defender of the Faith then his natural Lord not having the fear of God in his Heart nor weighing the Duty of his Allegiance but moved and seduced by the Instigation of the Devil and the cordial Love and true due and natural Obedience which a true and faithful Subject of our late Sovereign Lord the King towards our late Sovereign Lord the King should and of right ought to bear altogether withdrawing and minding and with all his strength intending the Peace and common Tranquillity of this Kingdom of England to disquiet molest and disturb and War and Rebellion against our late Sovereign Lord the King within this Kingdom of England to stir up move and procure and the Government of our said late Sovereign Lord the King of this Kingdom of England to subvert change and alter and our said late Sovereign Lord the King from the Title Honour and Kingly Name of the Crown Imperial of this Kingdom of England to depose and deprive and our said late Sovereign Lord the King to Death and final Destruction to bring and put the 30th day of May in the 35th Year of the Reign of our said Sovereign Lord the King and divers other days and times as well before as after at the Parish of St. Michael Bassishaw London falsly maliciously devilishly and traiterously with divers false Traitors to the Jurors unknown did conspire compass imagine and intend our said late Sovereign Lord the King his supream and natural Lord not only of his Kingly State Title Power and Government of this Kingdom of England to deprive and throw down but also the said late King to kill and put to Death and the ancient Government of this his Kingdom of England to change alter and altogether subvert and a miserable Slaughter amongst the Subjects of our late Lord the King thorough this Kingdom of England to cause and procure and Insurrection and Rebellion against our said late Lord the King to procure promote and assist And the same most wicked and devilish Treasons and traiterous Compassings Imaginations and Purposes aforesaid to fulfil perfect and bring to effect He the said Henry Cornish as a false Traitor then and there to wit the said 30th day of May in the Year aforesaid at the Parish and Ward aforesaid falsly maliciously and traiterously knowing James the late Duke of Monmouth William Russel Esq and Thomas Armstrong Knight and divers other Rebels and Traitors then lately before in the Parish and Ward aforesaid within the said City of London falsly unlawfully devilishly and traiterously to have conspired the Death and final Destruction of our said late Sovereign Lord the King he the said Henry Cornish as a false Traitor then and there to wit the said 30th day of May in the Year aforesaid within the Parish and Ward in the said City of London falsly unlawfully wickedly and traiterously ●●d promise to the said divers false Traitors and Rebels then and there present That he the said ●●●n●y Cornish would be aiding and assisting in the Treasons aforesaid to be done perfected 〈◊〉 brought to effect against the Duty of his Allegiance against the Peace and against the ●●●m of the Statute c. Clerk How say'st thou Henry Cornish art thou guilty of this high Treason where of thou standest indicted or not guilty Mr. Cornish This is an heinous Charge Counsel Answer You know you must answer Mr. Cornish I am perfectly innocent Counsel Are you guilty or not guilty You must take the Words Mr. Cornish Not guilty Clerk Culprit how wilt thou be tryed Mr. Cornish By the great God of Heaven and my Country Clerk God send thee a good Deliverance L. C. J. Jones I don't know in what state things are here in the Court I can't tell whether there be a Jury returned or not Clerk He is arraigned L. C. J. Jones Why don't you go on with the Jury Mr. Cornish My Lord I humbly pray your Lordship I have some ground for it L. C. J. Jones You shall be heard in good time Sir Mr. Cornish My poor Children last night preferr'd a Petition to His Majesty and he was pleased to refer it most graciously to my Lords the Judges and I now make my Application to Your Lordships L. C. J. Jones Have you any Answer to the Petition from the King Mr. Cornish It was referred to your Lordships the Judges to consider my Case L. C. J. Jones We may hear more of your Business anon when Mr. Attorney and Mr. Solicitor do come we will stay here till they come to know whether there be any Order from the King to them concerning you Mr. Cornish My Lord I hope it will not be offensive if I should acquaint your Lordships what Usage I have met with since I have been under Confinement I have been under very close Confinement I had no notice of my Try till about Twelve a Clock on Saturday no Friend came to me till Eight a Clock at night and I had no time for preparation for my Tryal My Lord these are hard things but tho' I am denied Counsel I trust in God I shall not need Counsel for I hope if your Lordship pleases to allow me time to clear my self of all matters and I hope with such Satisfaction to your Lordships that you will acquiesce in whatsoever I shall lay before your Lordships I do not come to make an Harangue and Talk my case was such that I had neither Pen Ink nor Paper Mr. Just Withins Mr. Cornish Mr. Attorney and Mr. Solicitor will come we must hear them L. C. J. Jones You shall be heard in your proper time it is a strange thing you won't be satisfied you shall be heard I tell you in your proper time Mr. North. We have arraign'd one Fernley if you please to try him who with Ring was brought to the Bar. Clerk You the Prisoners at the Bar those Persons you shall hear call'd and appear are to pass between our Sovereign Lord the King and You upon your several Lives and Deaths if you will challenge them or any of them your time is to challenge them when they come to the Book to be sworn before they be sworn Cryer O Yes all manner of Persons are commanded to keep silence upon pain of Imprisonment The Middlesex Jury Nehemiah Arnold Francis Stevens Richard Fisher John Howlet John Vigares Samuel Birch William Thompson William Read Samuel Peacock Richard Fitz-gerrard Richard Bromfield John Haynes Cryer O Yes If any one can inform my Lords the King's Justices the King's Serjeant or the King's Attorney before this Inquest be taken between our Sovereign Lord the King and John Fernley and William Ring the Prisoners at the Bar let them come forth and they shall be heard for now the Prisoners stand at the Bar upon their

is charged But Gentlemen that is not all you have express Testimony from Burton himself who it seems was acquainted with him and who had fled from his Neighbourhood by the space of two years almost and yet he receives this Burton into his house I will not say at the first time that he came into his house it doth appear by any Evidence that he knew him to have been in the Rebellion in the West but when he came thither upon Friday he was so kind to him as to leave his own Chamber and to let him have that for his Lodging although now he gives you another excuse plainly frivolous and false that is a pretence of making way for his Wife to lie-in who yet is not delivered He lies there upon Saturday-night and dines with him upon Sunday Saturday perhaps might be a busie day and there is no Testimony at all given by any Evidence of any Discourse that was between them upon that day but upon Sunday when they Dined together Burton swears that he did tell him that he had been in the West in the Rebellion there and he came thither for shelter This man being acquainted with this allowed him to dine with him and harboured him in his House for the space of Seven or Eight hours more without bringing him before any Justice of Peace or any Magistrate who had Authority to commit him although he had a particular Authority of his own as he was a Constable for the conservation of the Peace yet he forgets his Oath as well as his Duty and Allegiance and suffers him still to remain there It is true the Wife of Burton dined with them as Burton himself says and the Woman confesses but she was so busie at her Victuals that she can remember nothing she did not hear that there was any Discourse concerning Monmouth But lest you should want another Witness for Burton is but one Witness to that particular you have him plainly confessing it himself which is above a Thousand Witnesses you have him confessing that Burton did acknowledg he had been in the West and that Monmouth was Routed and yet he continues him in his house nay more this man doth appear to be a Person in whom there was that gr●at Confidence that another Person Gaunt came and he bids him come into his house and there he discourst of some Traytors and the means of conveying them away that they should not suffer for their Treason and discoursed likewise of conveying away Burton though he had confessed it himself Gentlemen what he tells you is that he did mean to discover when did he intend to discover he did not discover to any Body before the man was apprehended by an Officer he lets Gaunt who plainly appears to be as arrant a Traytor as could he in the World to go away meerly upon his own Parole without taking any course to apprehend him He pretends he is a poor man and he might have gain'd 100 l. if he had discover'd him and surely he would have discover'd him to gain 100 l. but this is a strong Argument that he was deep in the Rebellion himself and one in great esteem with them that being a poor man he would not do his Duty for which he might have had a reward of 100 l. but suffers him to escape This is the Case Gentlemen that is before you if you believe he did knowingly as he himself upon the matter doth confess give any comfort or relief to Burton knowing him to be a Rebel you ought to find him guilty Then the Jury withdrew to consider the Evidence Clerk Set Elizabeth Gaunt to the Bar. which was done Elizabeth Gaunt hold up thy hand which she did Thou standst Indicted by the name of Elizabeth Gaunt Wife of William Gaunt of the Parish of St. Mary White-Chappel in the County of Midd. Yeoman As a false Traytor against our late Serene Lord Charles the Second by the Grace of God her then Natural Lord Not having the fear of God in her heart nor weighing the duty of her Allegiance but moved and seduced by the Instigation of the Devil and the true and natural obedience which a true and faithful Subject of our said Sovereign Lord the King towards our said late Lord the King of right ought to bear withdrawing and with all her strength intending the Peace and common Tranquillity of this Kingdom of England to disquiet molest and disturb and War and Rebellion against our said late Sovereign Lord the King within this Kingdom of England to stir up and move and the Government of our said late Sovereign Lord the King in this his Kingdom of England to subvert and our said late Sovereign Lord the King from the Title Honour and Kingly Name of the Crown Imperial of this Kingdom of England to depose and deprive and our said late Sovereign Lord the King to death and final destruction to bring and put The 24th day of September in the 36th Year of the Reign of our said late Sovereign Lord Charles the II. and divers other days and times as well before as after within the Parish c. Falsly Malitiously Devilishly and Traiterously with divers Rebels and Traytors to the Jurors unknown she did Conspire Imagine and Intend our said late Sovereign Lord the King her then Supream and Natural Lord not only from his Kingly State Title Power and Government of this Kingdome of England to deprive and throw down but also our said late Sovereign Lord the King to kill and put to death and the Ancient Government of this Kingdom of England to alter and wholly subvert and a miserable slaughter amongst the Subjects of our said late Sovereign Lord the King thro'out this Kingdom of England to cause procure Insurrection Rebellion against our said late Sovereign Lord the King to procure and assist And the said most wicked and devilish Treasons and traiterous Compassings Imaginations and purposes aforesaid to fulfil perfect and bring to pass the said Eliz. Gaunt as a false Traytor then and there to wit the said 24th day of September in the year aforesaid at the Parish and Ward aforesaid well knowing one James Burton to be a false Traytor and as a false Traytor trayterously to have compassed and imagined the Death and Destruction of our said late Sovereign Lord the King and War and Rebellion against our said late Sovereign Lord the King within this Kingdom of England together with other Traytors to the Jurors unknown to have intended to be raised she the said the Eliz. Gaunt afterwards to wit the said 24th day of September in the year aforesaid within the City of London aforesaid the said James Burton in a certain house of a person to the Jurors unknown knowingly secretly wickedly devilishly and traiterously did entertain conceal comfort sustain and maintain and then and there for the comforting sustenance and maintenance of him the said James Burton Meat Drink and 5 l. in money for the

Mr. Cornish Mr. Cornish Mr. Attorney with submission I hope I ought to have it Mr. Att. Gen No you ought not to have it You have your peremptory challenges you may challenge 35 without cause L. C. J. Jones You shall have a copy of the Pannel here Mr. Att. Gen. Yes here he may Mr. Cornish It is a very hard case when I have a material Witness so far out of Town that I can't have a little time allotted L. C. J. Jones Can't every man that comes here to be tried say the very same thing that he hath a material Witness in France Spain or any where else and that when that Witness comes his Innocence will be as clear as the Sun Mr. Cornish My Lord my Witness is in Lancashire I cannot help it I beseech your Lordship to consider me I am apt to believe that he would so much vindicate my reputation in this matter that it would be a very great satisfaction to your Lordships and I am sure you are not for oppressing any man L. C. J. Jones No Sir that we are not Mr. Cornish I am sure you are for the just vindication of the Government for executing of Justice and I will desire no other than that L. C. J. Jones Mr. Attorney if you pray he may be tried we can't deny it Mr. Att. Gen. Mr. Cornish I cannot defer it I have no authority and why you should be in another condition than other Prisoners I don't know you have not deserved so well of the Government Mr. Cornish I have not the names of the Wards where these men live and their Trades Mr. North. He hath a copy of the Pannel and that is sufficient L. C. J. Jones You may ask them where they live Mr. Cornish I hope I may have Pen and Ink my Lord. L. C. J. Jones Ay ay Then the Jury were called and after Mr. Cornish had challenged 35 of them the Jury sworn were as followeth Thomas Rawlinson Thomas Langham Ambrose Istead Thomas Pendleton John Grice Thomas Oneby William Clowdesley Richard Holford William Longboat Steven Coleman Robert Clavel William Long. Proclamation being made If any one can inform c. Mr. Cornish was set aside and Eliz. Gaunt at the Bar. Clerk Elizabeth Gaunt hold up thy hand which she did You of the Jury look upon the Prisoner and hearken to her Cause She stands indicted by the name of c. as befo●e in the Indictment Upon this Indictment she hath been arraigned and thereunto pleaded not guilty and for her Trial hath put her self upon her Countrey which Countrey you are Your Charge is to enquire whether she be guilty of this High-Treason whereof she stands indicted or not guilty If you find her guilty c Councel Mr. Phips May it please your Lordship and you Gentlemen that are sworn Elizabeth Gaunt the Prisoner at the Bar stands indicted for that she knowing James Burton together with other Traitors traiterously to have conspired the death of the late King and to raise Rebellion in this Kingdom did harbour the said James Burton and gave him 5 l. in money Mr Att. Gen. May it please your Lordship and you Gentlemen that are sworn the Prisoner stands indicted for harbouring of Burton who was a great Traitor and for procuring a way for his escape beyond sea and also for giving him 5 l. to bear his charges In the former Trial you had an account of her Husband and in this you will hear she and her Husband were the great Brokers for carrying over such Traitors as my Lord Shaftsbury and others these have taken care to convey them over at all times We will produce our Witnesses Call Burton and his Wife Mr. Burton sworn Mr. Att. Gen. Do you know Mrs. Gaunt Mr. Burton Yes Sir Mr. Att. Gen. Pray give my Lord and the Jury an account how she harbour'd you and all the passages that past between you and Mrs. Gaunt Pray tell first whether you were engag'd in the matter of the Rye Mr. Burton How I came concerned I will tell you if it please you Mr. Att. Gen. Speak Mr. Burton The first time I knew any thing of it Mr. Keeling came to me one Saturday-morning and asked me if I was to go to London I said Yes I was to go to the Exchange and he desir'd me to meet him at the Mitre-Tavern within Aldgate and ask for Number Five I came at the time and no body being there I was going away and met with a Countrey-man with a stick in his hand that had but one eye he came and ask'd for the same Number So the Gentleman sent his Boy after me and told me one stay'd for me When I came he ask'd me if I ask'd for Number Five and I said Yes By whose appointment By Josiah Keeling's said I. So he ask'd the man of the house to shew a Room He shew'd a Box but he would have a Room and went up stairs and call'd for Pipes and a Candle and a pint of Wine In a little while Keeling came in and brought Barber and Thompson and no body spake almost any thing but Rumbold that was Rumbold with one eye for Keeling when he came in call'd him Capt. Rumbold and Rumbold talk'd about Priviledges and such things at first and he said his house was a convenient house and there they might do the business but before they had done I found they design'd to kill the King but nothing troubled him but killing the Postillion to kill a man in cold blood But then says we If you are for killing we have done and so broke up that was the end of that A while after Mr. Keeling went in and made a Discovery I never came among them afterwards So after Mr. Keeling had discovered I was in the Proclamation for being there at that meeting and absconded my self and lay hid A matter of two months after Mrs. Gaunt came to enquire of my Wife where I was to speak with me she brought her to me She told me there were some persons about to make an escape and would have me go along with them I told her with all my heart So I ask'd her which way and how they intended to go She told me they had provided Horses to ride down to Rochford-Hundred and there was a Vessel to carry them over and says she be ready by such an evening and I will call for you Accordingly she did had me into Bishopsgate-street and in Half-moon-Alley in a little Brew house up stairs in a Chamber there were both the Rumbolds one of them did not go and the other and I lay there all night and in the morning a man came and called us away and we went to White-Chappel to take Horse to ride down to Rochford-Hundred and staid for the Vessel two days and when we met the Vessel it was a small Vessel and bad weather and the Master of the Vessel had but one hand and two Boys one a very little one and

one of the Consultations concerning it and that afterwards be did withdraw himself from the Company as he saies but he saies that this Womans Husband being likewise concerned in the Plot and this woman as he believes knowing that he was able to make some Discovery concerning her Husband and knowing also his danger in respect of his own guilt she endeavours to send him away first to Rochford and so to go beyond Sea And afterwards in another place in Houndsditch and from thence he was to be conveyed beyond Sea It is true there is no direct proof that there was any particular mention that Burton was in the Proclamation for that Treason but the woman saies and Burton himself saies that they do both verily believe that the Prisoner at the Bar did know he was in the Proclamation and therefore there was no particular discourse concerning it and she her self being examined saies she might hear that his name was in the Proclamation and she might hear that his house was searched and that he could not be found and yet notwithstanding all this she endeavours to conceal him What can be the meaning of all this in this woman but that she was very zealous to maintain the Conspiracy and was a great Assistant to all persons that were concerned in it She will not tell you any other cause wherefore she should be concerned to convey this man beyond Sea and therefore in all reason you ought to conceive it was for this it was a known cause made known to all people by the Kings Proclamation If you believe she did know or believe Burton to have been guilty of that Treason and that she did help to convey him away as the Witnesses have proved that she did by giving him money and soliciting him several times to be then you ought to find her guilty Then the Jury desiring to ask a question Burton was called again but being gone out of Court was sent for and Mr. Cornish was set to the Bar. Clerk Henry Cornish Hold up thy hand you of the Jury look upon the Prisoner and hearken to his Cause he stands Indicted by the name of Henry Cornish late of the Parish of St. Michael Bassishaw in the Ward of Bassishaw London Merchant c. as before in the Indictment Upon this Indictment he hath been Arraign'd and thereunto pleaded Not Guilty c. Counsel Mr. Phips May it please your Lordship and you Gentlemen that are sworn Henry Cornish the Prisoner at the Bar stands Indicted for that he knowing that the late Duke of Monmouth William Russel Esq the late Lord Gray and other Traitors had conspired the Death of the late King and to raise Rebellion in this Kingdom did promise to aid and assist them in compassing this wicked imagination against the duty of his Allegiance c. to this he hath pleaded Not Guilty c. Mr. Cornish I am innocent of the whole matter Officer Burton is come L. C. J. Jones Let us make an end of that first In the Evidence that you gave against Elizabeth Gaunt you said that you did receive money from her 5 l. or some such sum Mr. Burton Yes an 't please your Lordship L. C. J. Jones Did she owe you any money Mr. Burton No my Lord. L. C. J. Jones Upon what accompt was it you received that money Mr. Burton She gave it me L. C. J. Jones Upon what accompt was it To assist you in your Escape Mr. Burton She knew I was bare of money and gave it me of her free will L. C. J. Jones And it was at that time you went away Mr. Burton Yes Mr. Just Withins It was to assist you in your Escape Mr. Burton Yes I believe so Mr. Com. Serj. Who paid your Boat-hire Mr. Burton I paid none I don't know the Waterman can tell Mr. At. Gen. May it please your Lordship and you Gentlemen of the Jury Mr. Cornish the Prisoner at the Bar stands Indicted for contriving the Death of the late King and for raising Rebellion in the Kingdom and is charged that he did consent to be assisting to that Rebellion that was then designed it is not unknown to you Gentlemen for there have been several Tryals of that Conspiracy That there was a great Rebellion designed in England by the late Duke of Monmouth the Lord Russel and Sir Thomas Armstrong and particularly Gentlemen there was a Meeting which already hath appeared in publick at Mr. Sheppards House where the Lord Russel the late Duke of Monmouth Sir Thomas Armstrong Mr. Rumsey and the late Lord Gray met to consider and adjust matters At that Meeting Mr. Cornish indeed came in very late for he was invited and knew the Design then he came in late and so was not at the whole Discourse but there was a Declaration framed to be put out when they should Rise and they did acquaint Mr. Cornish with it and they read it to Mr. Cornish and Mr. Cornish did like it very well and promised he would be assisting as we will prove to you Gentlemen Another Instance of Mr. Cornish's Rebellion for I need not tell you what part he acted when he was Sheriff and maintained that that was the ground work of the Rebellion setting the Commonalty against the Government of the City Another Instance we will give you is his Under-Sheriff that was employed to divide the City and to raise men within the City having discourse with Mr. Cornish about settling that matter he liked it very well and promised he would be assisting to him and you may easily presume Mr. Goodenough the Under-Sheriff was very privy to all the acts of Mr. Cornish at that time We will call our Witnesses Mr. Rumsey Mr. Cornish I desire the Witnesses may be kept apart Mr. At. Gen. They are so two times Mr. Cornish You will find me guilty of neither I am as innocent as any person in this Court Mr. At. Gen. So was my Lo●d Russel to his death Mr. Cornish do you remember that Mr. Cornish Mr. Attorney General I speak in the presence of the great God I am as innocent as any man in this Court Mr. At. Gen. Mr. Rumsey pray will you give my Lord and the Jury an Account of the Insurrection that was to have been in England in the late King's time and what concern the Prisoner had in that affair Mr. Rumsey My Lord about the later end of October or the beginning of November my Lord Shaftsbury desired me to go to Mr. Sheppard's house where there was a Meeting of those Gentlemen that I did name before the Duke of Monmouth my Lord Russel my Lord Gray Sir Thomas Armstrong and Mr. Ferguson and Mr. Sheppard and accordingly I went I came late there my self for they were just going away when I came in I told them my message and they told me they were disappointed by Mr. Trenchard I had not been there a quarter of an hour but we were going away and Mr. Sheppard was call'd

spoke Mr. Goodenough Sir in your lower Room Mr. Cornish In my own house Mr. Goodenough Yes Sir Mr. Cornish And no Company there Mr. Goodenough And no Company Mr. Cornish That is very strange and that afterwards you should meet me and discourse this matter again Mr. Goodenough No Sir all I say is this you met me upon the Exchange and asked me how things went Mr. Cornish That might be in reference to the Suit you were managing for the Rioters I know of nothing else Mr Just Withins And I tell you Mr. Cornish that was a Branch of the Plot take that from me Mr. Cornish My Lord he was Attorney in that Cause and I might ask how matters went in reference to that Tryal but I take God to witness nothing else as I remember L. C. J. Jones But here you say it was a strange thing that Mr. Goodenough and you should be in a Room alone when you acknowledge him to have been the Attorney in a Cause of mighty consequence among you Mr. Cornish He was concerned for all and I stedfastly believe he was never with me twice about that Suit but he hath been at Sir Thomas Players there he often went about that affair and I do not believe that ever he came to me about that business L. C. J. Jones Is that all you have to say to him Sir Mr. At. Gen. Will you ask him any more questions if not go on we have done Mr. Cornish My Lord Colonel Rumsey is a person that hath acquainted the Court that there was a long acquaintance between him and me I have served His Majesty in my Place and do it to this day My Lord it is a very improbable thing that I should meet him at Mr. Sheppards where I saw such wicked and horrible doings and that he should never afterwards speak to me about that affair he came to my house I remember about the return of some Moneys for his own private use for he was then out of His Majesties Employment He does declare here he never said a word to me never spake to me any thing of i● but there My Lord it is very strange thing that there should be such a Contrivance to ruin the King and Kingdom and that I should be one in this business this Villany and not be consulted how to carry it on it is very strange they should seeme and never say a word of it afterwards to me My Lord I hope and you G●ntlemen of the Jury that you will consider the improbability of it it is as improbable as any thing in the world I hope it doth appear to your ●o●●sh●p and Bench that there is no probability in it he owns we had a great deal of freedom he owns we were acquainted for fourteen years together and that I should be at such a wicked villainous place once and see him so often afterwards and never speak of it and never say any thing of it the Great God of Heaven and Earth before whom I stand knows that I know nothing of all that he hath sworn against me He must swear these things to save his own life if he will take away my life he will take away many others without question if he can save his own I should not urge this but God is my Witness I never heard any thing of a Contrivance or Plot till my Lord Russel's Tryal These are very strange things if so be so good a Government as we have shall not protect such innocent men truly my Lord I am as innocent as any man in this Court if I were to appear before the great God in Judgment this moment L. C. J. Jones Look you Mr. Cornish I would with all my heart allow you all the Liberty imaginable to speak pertinently to your Defence but to oppose confidence and very great assurance upon your being in the presence of Almighty God against express Testimony is the weakest defence that can be if you have any Witnesses if you have any thing to urge against the Testimony of any of these Persons besides the improbability of it which you have often mentioned over and over again you shall be heard with all patience if you have Witnesses that you will call we will hear them likewise Mr. Cornish My Lord I think his Treason being confessed and not being pardoned Mr. Just Withins Is that all you will say Mr. Cornish Mr. Cornish I hope you will bear a little with me I am highly concerned L. C. J. Jones You are so Mr. Cornish I have had no help and it is well known I am not skilful in the Law I don't understand what to say nor how to plead my Cause having no help nor no assistance allowed me My Lord it is a most improbable thing that I should be at this place where this horrible wickedness was and that it should lie all this time never mentioned I have been my Lord several times in Prison this year and I think my Vertue will be so much the greater to be again and again purged as I have been that which hath pleased me very much hath been my innocency Would any man in my circumstances have stayed and continued in this Nation if he had not known himself perfectly innocent others have gone away and I could as freely have gone after I have been taken up four times L. C. J. Jones I doubt there are a great many are not gone Mr. Rumsey hath told you plainly it was compassion to you though injury to himself that he did not accuse you sooner M. Just Levins Here is Gaunt staid here till within this Week or Fortnight and never stirr'd Mr. Just Withins Mr. Cornish my Lord hath put you in the right way for your defence if you can invalidate the Testimony or call any Witnesses do it but to talk at this rate you may do it this month for ought I know and 't will signifie no more than it hath done already Mr. Cornish The improbability is so manifest L. C. J. Jones Is it enough to say improbability improbability improbability Is that enough Have you said any more Mr. Cornish My Lord I have said this that this Gentleman that should be so conversant in the Town I in his Company and he in mine Is it not improbable Mr. Just Levins Look you Mr. Cornish I will tell you what the method is to give Evidence first and then apply it in summing up the Evidence if you were summing it up the Court hath all the reason in the World to hear you if you have Evidence the way is to give your Evidence and apply it if you can Mr. Just Withins Have you any Witnesses Mr. Cornish Against Mr. Rumsey Just Withins Against any body Mr. Rumsey if you will Mr. Cornish My Lord I humbly conceive that this Witness Mr. Rumsey ought not to stand if your Lordship satisfies me I shall be very much obliged to your Lourdship He declared upon his Oath when he swore against my