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
Secresy as to time and place it appearing of its own Nature necessary The other was a Letter from one Christopher Anderton dated from Hilton by which was meant Rome Feb. the 5th 1677 8. wherein mention was made of the Patents being sent thence both which Letters the Prisoners strugled much to vindicate by such forced Constructions of the matters they contained as all the Court rejected Against Gavan Dr. Oates deposed That he saw his Name to the Resolve though he could not swear he was at the Consult of the 24th of April That he gave an account from time to time of the Affairs of Staffordshire and Shropshire relating to the Plot and that coming to London he gave the same account to Ireland his own Chamber and talk'd of two or 3000 l. that would be ready for the Design Mr. Prance then deposed that Harcourt had told him above a Year before as he was paying him for an Image of the Virgin Mary that there was a Plot upon the Life of the King Mr. Dugdale deposed against him that it was he who had engaged him in the Plot upon the Life of the King and often perswaded and encouraged him to it That at Ewer's and his Chambers at Boscobel and other places several Consultations had been had about the Death of the King and bringing in of Popery wherein Mr. Gaven was always a great Man being a good Orator to perswade People in the Design That at the same Consultations he had heard the Massacre often discours'd of And that Gaven should say That tho they were but in a low condition themselves yet they would have Men and Mony enough to spare for such a Design That the said Gaven had many times endeavoured to convince him of the Lawfulness if not the Merit of killing any person whatsoever for the Advancement of their Religion As to Turner it was sworn by Dr. Oates that he was at the Consult of Fenwick's Chamber and sign'd the Resolve Mr. Dugdale also deposed that Ewers had told him that Turner was to carry on the Design in VVorcestershire That the said Turner had met with Ewers Leveson and others in several places and had in every one of them given his consent to and assisted with his Counsel in the carrying on of the grand Design of killing the King and introducing of Popery This was the main of the Evidence for the King The Prisoner's defence lay chiefly in seeking to invalidate the Testimony given against them and to prove Oates perjured they produced these St Omers Witnesses who testify'd that he was not in England in April viz. Mr. Hilsley William Parry Doddington Gifford Palmer Cox who differed in his Testimony from all the rest and caused two great Laughters in the Court Thomas Billing Townley Fall John Hall Butler Cooke a Taylor some of which were so positive that they affirmed that Dr. Oates never lay but two Nights out of the Colledg from December till the middle of June And to prove further that he did not come over with Sir John VVarner and Sir Thomas Preston as he had deposed elsewhere one Bartlet a Dutchman Carlier Verron Baillee who spoke by an Interpreter John Joseph and Peter Carpenter appear'd Then Gaven produced two Witnesses to prove him to be at VVolverhampton in Staffordshire at the time of the Consult viz. one Mrs. Kath. VVinford at whose House he there lodged and Mary Poole a Servant in the House the latter of whom was so lame in her Testimony as caused both Laughter and Shouts He produced four more that affirm'd him to be in VVolverhampton the last week in July but none that could speak to the other three weeks in that Month. However he protested his Innocency and desired to put himself upon the Trial of Ordeal Then VVhitebread in his defence offered to prove D. Oates mistaken in his Evidence at Mr. Ireland's Trial which the Court would not allow Harcourt endeavoured to prove Dr. Oates mistaken as to Ireland's being with him in his Chamber in August One Gifford the Lady Southcott Sir John Southcott Mr. Edward Southcott his Son Mrs. Harewel her Daughter Eliz. Keeling Pendrel and his Wife two Mrs. Giffords and one Mr. Bedloe affirming him to have been most of that Month in Saffordshire Fenwick offer'd to invalidate Mr. Bedloe's Evidence from his having been an ill Man c. Then Sir Creswel Levinz of Counsel for the King summ'd up the Prisoners Defence and to clear Dr. Oates's Evidence about Ireland he called Sarah Pain who swore that she saw Ireland in London about the middle of August And for the Proof of Dr. Oates's being in England at the time he said he was Mr. VValker a Minister Mrs. Ives Mrs. Mayo Sir Richard Barker Philip Page Butler his Servants Mr. Smith Schoolmaster of Islington and Mr. Clay a Popish Priest all deposed as to his being seen in April and May 78 to which the Prisoners only opposed the Number and Innocency of their Evidence being most young Boys After which the Ld. Ch. Justice directed the Jury and in summing up the Evidence insisted particularly on Dugdal's Evidence concerning Sir Edmondbury Godfrey's Death as a mighty Confirmation of the Plot. Then an Officer was sworn to keep the Jury who withdrew and the Judges also went off from the Bench leaving Mr. Recorder and a competent number of Commissioners there to take the Verdict and about a quarter of an Hour after the Jury brought them all in Guilty Then the Prisoners were carried back to Newgate and the Court adjourned till eight next Morning And then Mr. Langhorn was tried and found guilty After which they were all six brought to the Bar together and received Judgment to be Drawn Hang'd and Quartered which accordingly was done upon these 5 Jesuits and Priests on Friday June the 20th at Tyburn The Trial of Richard Langhorn Esq Counsellour at Law at the Old-Baily on Saturday June the 14th 1679. HIS Indictment was for conspiring the Death of the King Subversion of the Government and Protestant Religion whereto he pleading Not guilty the Jury were impannelled for his Trial who were Arthur Yong Edward Beeker Robert Twyford VVilliam Yapp John Kirkham Peter Pickering Thomas Barnes Francis Neeve John Hall George Sitwel James VVood Richard Cawthorne To whom the Indictment being read Roger Belwood Esq of Counsel for the King in this cause opened the Indictment and Sir Creswel Levins proved the Charge And Then Mr. Dugdale was first called to give Evidence of the general Design from which afterwards it would be brought down particularly to Mr. Langhorn who therefore deposed that he had been in several Consultations for alteration of this present Government and for the introducing of Popery and Murther of the King that he was to have a Sum of Money to be one of them that should kill the King being put upon it by Mr. Ewers Mr Gavan Mr. Luson and Mr. Vavasor all Jesuits that there was then to have been a Massacre of the Protestants and
was his unhappiness he had no Witnesses to call The Ld. Ch. Justice therefore in a few words summing up the Evidence the Jury presently brought him in Guilty The Trial of Capt. William Blague at the Old-Baily on Friday July 13. 1683. THE Prisoner having been Arraigned the day before and pleaded Not Guilty to an Indictment for High-Treason for conspiring the Death of the King and subversion of the Government was then and there set again to the Bar and making no Challenges the former Jury was sworn viz. Robert Beddingfield John Pelling William Windbury Theophilus Man John Short sen Thomas Nicholas Richard Hoare Thomas Barnes Henry Robins Henry Kemp. Edward Raddish Edward Kemp. To whom the Indictment being read and briefly opened by Mr. North and Serjeant Jefferies Thomas Leigh deposed That the Prisoner in discourse with him and Goodneough about seizing the Tower told them that the only way was to do it with Mortar-Pieces that he would venture his own Ship and provide 200 Men and lay his own Ship on Southwark side and make up his 14 Guns he had already 24 and would undertake once in 20 times to dismount the five Pieces that fac'd towards Southwark-side That he ask'd Goodenough what Mony was provided who answering 40000 l. He answered the Seamen would swallow that up presently to which Goodenough replied there was more provided at any time Mate Lee swore That the Prisoner told him as they were in a Coach together that one of these days they should have a Ball to toss which afterwards he understood by Rouse and Leigh was the Ball that was to be toss'd on Black-Heath That about six Weeks ago Capt. Blague and he walking about the Tower and discoursing of seizing it his way was to scale it but the Captain said the best was to shoot Mortar-pieces on Southwark-side but about the Ship he could say nothing The Prisoner's Defence was That his Business with Rouse was to procure him Mony as being a Broker which brought him sometimes into Goodenough's Company but that he never discours'd about any Publick Affairs and as to the seizing the Tower it was only accidental Discourse And as for his 200 Men it was impossible his Vessel being but a Pink which had been in his Possession but three Weeks and what Arms he had he bought therewith and that he never heard any thing about either a Ball or Bank of Mony Calling his Witnesses Mr. VVright declared That he had waited on the Captain ever since he had been shipp'd and was in his Pay before he had the Ship in possession Robert Chappel Carpenter declar'd The Vessel was not able to do any Service three Weeks ago and that he had been shipp'd four Months and an half to go for New-York One Bellinger the Chirurgeon declared That he had belonged to the Ship seven Weeks and to the Captain before he had a Ship and for Guns belonging to the Ship there were fourteen Saker-Guns of which four were Wooden ones six above Deck and four in the Hold. The Lord Chief Justice then summ'd up the Evidence taking notice to the Jury that these Men belonged to the Captain a great while ago and that there was only one Evidence that did affect him Wherefore the Jury Withdrawing in a short time returned and brought him in Not Guilty THE next day being Saturday July 14. 1683. the Lord Russel Capt. VValcot Mr. Rouse and VVilliam Hone were brought to the Bar to receive Sentence Where the Lord Russel desired to hear his Indictment read in English which was granted and thereupon demanded an Arrest of Judgment because there had been no Evidence of his conspiring the Death of the King as it was in the Indictment but only of levying War But the Verdict being past the Court told him they must go by what the Jury had found and not the Evidence and therefore Sentence was pass'd upon him to be Drawn Hang'd and Quarter'd Capt. VValcot had nothing to say but desired that his Son and some Friends might come and see him Hone had no more to say but begg'd the same favour Rouse insisted on some Disadvantages he had when he came on his Trial and some difference between the Indictment and their Oaths but Verdict being past Judgment was given against them three as against the Lord Russel And upon Friday July 20. following VValcot being drawn to Tyburn in one Hurdle and Rouse and Hone in another and there put into a Cart attended by Dr. Cartwright the Dean of Rippon and the Ordinary of Newgate who urged them much to discover all they knew of the Plot after they had spoke to the People were executed accordingly The next day being Saturday July 21. the Lord Russel having taken leave of his Lady the Lord Cavendish and several others of his Friends at Newgate took Coach with Dr. Tillotson and Dr. Burnet who accompanied him to the Scaffold built in Lincolns-Inn-Fields where he deliver'd his Speech to the Sheriff and after some Preparation he ordered the Executioner after he had lain down a small moment to do his Office without a Sign and so his Head at three blows was severed from his Body and ordered by the Sheriff to be delivered to his Lordship's Friends and Servants as being given them by his Majesty's Favour and Bounty The Trial of Algernon Sidney Esq before the Lord Chief Justice Jeffreys at the King's-Bench Bar at Westminster on the 7th 21st and 27th of November 1683. UPON Wednesday Nov. the 7th 1683. Algernon Sidney Esq was arraigned at the Kings-Bench Bar upon an Indictment of High Treason for conspiring the Death of the King and intending to raise a Rebellion in this Kingdom Which Indictment he excepted against as erroneous several Crimes being put together therein distinct in nature one from another and distinguished by Law offering to the Court a Parchment wherein were his Exceptions to the Bill but it was refused and he sorced to plead which he did at length Not Guilty And then he desired a Copy of the Indictment which was denyed him but upon his Request it was read to him again in Latin and his Trial appointed to be on Wednesday Novemb. the 21st 1683. Then and there the Prisoner again appearing he desired Pen Ink and Paper and that Mr. VVinn and Mr. Gibs might write for him which were granted him and then he shewed the reason he had before to desire a Copy of his Indictment which the Lord Stafford and the other Lords in the Tower had urging it for Law upon the Statute of 46 Edw. 3. But the Court over-ruled it Then the Clerk of the Crown called the Jury and after several Challenges the Jurors were John Anger Richard VVhite VVilliam Linn Lawrence VVood Adam Andrews Emery Arguise Josias Clerke George Glisby Nicholas-Baxter VVilliam Reeves VVilliam Grove John Burt. To whom the Indictment being read Mr. Dolben opened the same and the Attorney General opened the Evidence and then Mr. VVest was called against whom the Prisoner excepted
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
which the Court adjourned and the Lords sent a Message to the Commons that they had ordered the Prisoner to the Bar again on Monday morning at 10 a Clock The sixth Day MOnday December 6. 1680. about 11 the Court being sat and the Prisoner at the Bar his Petition was read which was for leave to offer a few things more to clear himself and which the Ld. H. Steward told him the Lords had granted He then said that seeing he had received their Order that his Counsel should not be heard touching the continuance of Impeachments from Parliament to Parliament he desired that he might offer them his own Conceptions concerning that urging that they had not yet declared their own Judgments either as to that or whether they did acquiesce in the Judges Opinions praying that his Counsel might be heard as to the other points protesting his own Innocency and Abhorrency of Treason reading then his Case and repeating his Defence c. After which the Lords adjourned into the Parliament Chamber and the Commons returned to their House and received a Message from the Lords that they had ordered the Prisoner to the Bar to receive Judgment to morrow at 10. The seventh Day TUesday December 7 1680. About 11 the Court being sat the Ld. H. Steward took the Votes of the Peers upon the Evidence beginning at the Puisne Baron and so upwards in order the Lord Stafford being as the Law required absent The Ld. H. Steward began then saying My Lord Butler of VVeston Is VVilliam Lord Viscount Stafford Guilty of the Treason whereof he stands impeached or not Guilty Lord Butler Not Guilty upon my Honour The same Question was put to the rest whose Names and Votes follow Ld. Arundel of Trerice Not Guilty upon my Honour Ld. Crewe Guilty upon my Honour Ld. Cornwallis Guilty upon my Honour Ld. Holles Not Guilty upon my Honour Ld. VVootton Not Guilty upon my Honour Ld. Rockingham Guilty upon my Honour Ld. Lucas Not Guilty upon my Honour Ld. Astley Guilty upon my Honour Ld. VVard Not Guilty upon my Honour Ld. Byron Not Guilty upon my Honour Ld. Hatton Not Guilty upon my Honour Ld. Leigh Guilty upon my Honour Ld. Herbert of Cherbury Guilty upon my Honour Ld. Howard of Escrick Guilty upon my Honour Ld. Maynard Guilty upon my Honour Ld. Lovelace Guilty upon my Honour Ld. Deincourt Not guilty upon my Honour Ld. Grey of Wark Guilty upon my honour Ld. Brook Guilty upon my honour Ld. Norreys Not guilty upon my honour Ld. Chandos Guilty upon my honour Ld. North and Grey Guilty upon my honour Ld. Paget Guilty upon my honour Ld. Wharton Guilty upon my honour Ld. Eure Guilty upon my honour Ld. Cromwel Guilty upon my honour Ld. VVindsor Not guilty upon my honour Ld. Conyers Guilty upon my honour Ld. Ferrers Not guilty upon my honour Ld. Morley Not guilty upon my honour Ld. Mowbray Not guilty upon my honour Ld. Viscount Newport Guilty upon my honour Ld. Visc Faulconberg Guilty upon my honour Earl of Conway Guilty upon my honour E. of Berkley Not guilty upon my honour E. of Maclesfield Guilty upon my honour E. of Hallifax Not guilty upon my honour E. of Feversham Not guilty upon my honour E. of Sussex Guilty upon my honour E. of Guilford Guilty upon my honour E. of Shaftesbury Guilty upon my honour E. of Burlington Guilty upon my honour E. of Ailesbury Not guilty upon my honour E. of Craven Not guilty upon my honour E. of Carlisle Guilty upon my honour E. of Bath Not guilty upon my honour E. of Essex Guilty upon my honour E. of Clarendon Not guilty upon my honour E. of St. Albans Not guilty upon my honour E. of Scarsdale Guilty upon my honour E. of Sunderland Guilty upon my honour E. of Thanet Not guilty upon my honour E. of Chesterfield Not guilty upon my honour E. of Carnarvan Not guilty upon my honour E. of Winchelsea Guilty upon my honour E. of Stamford Guilty upon my honour E. of Peterborough Not guilty upon my honour E. of Rivers Guilty upon my honour E. of Mulgrave Guilty upon my honour E. of Barkshire Guilty upon my honour E. of Manchester Guilty upon my honour E. of Westmoreland Guilty upon my honour E. of Clare Guilty upon my honour Earl of Bristol Guilty upon my honour E. of Denbeigh Not guilty upon my honour E. of Northampton Guilty upon my honour E. of Leicester Guilty upon my honour E. of Bridgwater Guilty upon my honour E. of Salisbury Guilty upon my honour E. of Suffolk Guilty upon my honour E. of Bedford Guilty upon my honour E. of Huntington Guilty upon my honour E. of Rutland Not guilty upon my honour E. of Kent Guilty upon my honour E. of Oxford Guilty upon my honour Ld. Chamberlain Not guilty upon my honour Marquess of Worcester Not guilty upon my honour D. of Newcastle Not guilty upon my honour D. of Monmouth Guilty upon my honour D. of Albemarle Guilty upon my honour D. of Buckingham Guilty upon my honour Ld. Privy-Seal Guilty upon my honour Ld. President Guilty upon my honour Ld. H. Steward Guilty upon my Honour Prince Rupert Duke of Cumberland Guilty upon my Honour The Ld. H. Steward then declared that upon telling the Votes he found there were 31 that think the Prisoner Not Guilty and 55 that have found him Guilty Whereupon the Prisoner was brought to the Bar and the Ld. High Steward informing him the Lords had found him Guilty He said God's Holy Name be praised for it confessing it surpriz'd him for he did not expect it and that he had only this to say for suspending of Judgment That he did not hold up his Hand at the Bar which he conceived he ought to have done and that though he was tried upon the Act of 25. Edw. 3. yet there being nothing more in that Act than what is included in the Act of the 13th of this King he ought only to lose his Seat in Parliament which was the Punishment there put down for a Peer submitting to their Lordships and desiring their Judgments in these Points Then the Lords Adjourned into the Parliament-Chamber and the Committee of Commons returned to their own House and the Speaker having re-assumed the Chair the whole Body of the House went with their Speaker to the Bar of the House of Lords to demand Judgment of High-Treason against William Viscount Stafford upon the Impeachment of the Commons of England in Parliament in the Name of the Commons in Parliament and of all the Commons of England Then the Commons with their Speaker went back to their House Then the Lords took into Consideration what Judgment was to be given and it was moved that he might be beheaded After some Debate the Judges were asked Whether if any other Judgment than the usual Judgment for High-Treason were given upon him it would attaint his Blood The Judges were of Opinion that the Judgment for High-Treason appointed by Law is to
Mr. John Wright but with Patience we must submit to the Almighty who can as well raise up Instruments to do his Work as change Hearts of which we have so great an Instance in the business of the D. of Monmouth that no Age or History can parallel I am now throughly satisfied that what was printed in the Mondays Gazet is utterly false and you will see it publickly so declared shortly The King is never pleased but when he is with him hath commanded all the Privy Council to wait upon him and happy is he that hath most of his Favour His Pardon was sealed and delivered to him last VVednesday 'T is said he will be restored to be Master of the Horse and be called into the Council Table and to all his other places And 't is reported he will be made Captain General of all the Forces and Ld. High Admiral c. He treats all his old Friends that daily visit him with great Civilities they are all satisfied with his Integrity and if God spares his Life doubt not but he will be an Instrument of much good to the King and Kingdom He said publickly that he knew my Ld. Russel was as Loyal a Subjects as any in England and that his Majesty believed the same now I intend shortly to wait on him my self It would make you laugh to see how strangely our high Tories and Clergy are mortified their Countenance speak it Were my Shesorary to be moved for now it would be readily granted Sir George is grown very humble 'T is said Mr. Sidney is reprieved for 40 days which bodes well Mr. Kedder sat with me sometime this Evening There being no more in the Record The third Letter was then read which was directed for Mr. Edward Gael Linnen-Draper at Ipswich and dated Decemb. the 1st 1683. Mr. Gael This Evening Mr. Kedder came and sat with me when I acquainted him what you and others writ me in reference to himself as also of the Death of Mr. Wright which he was sorry for He protested if he could perswade his Wife he would accept of Ipswich choice notwithstanding all the Discouragement he had met with One more he acquainted me with that had seen a Letter from Mr. Cutliffe to Dr. Clegat extreamly discouraging him from coming to Ipswich where if he did come said would find himself mistaken for that would never enjoy Quietness or Peace notwithstanding his Balsamick Temper c. as he call'd it These things frights Mr. Kedder who I am now perswading so soon as he is up again to go down for a Month or two and then if he doth not like the Place and People he may return hither again This I resolve to press hard on Monday when have promised to dine with me as also Mr. Hodges Be confident I shall think nothing too much to effect this Business though one or other still pulls down as fast as I build up Here is now a door of Incouragement opened for sober Men to come into publick Employment You will undo the Town of Ipswich if you bring not sober Men into play For God's sake consider of it Perswade Mr. Snelling or some sober Men to come in their two Ports-mens places void for other matters I refer you to Sir P. The late change here in publick Affairs is so great and strange that we are like Men in a Dream can hardly believe what we see and fear we are not fit for so great a Mercy as the present Juncture seems to promise The E. of Macclesfield is bringing Actions of Scandalum Magnatum against all the Grand Jury-Men that indicted him at last Assizes And the several Gentlemen that were indicted in Cheshire and Northamptonshire will bring their several Actions at Law against them Acquaint Mr. Snelling we received the two Barrels of Oysters and two couple of Ducks and desire him to take Mony of Buckle for them I rest Yours c. The 4th Letter was directed to Mr. William Cavell at Brightwell near Ipswich in Suffolk and dated London Decemb. the 4th 1683. Only that part of it was read which was in the Record and that was this Contrary to most Mens Expectations a Warrant is signed at last for beheading Col. Sidney at Tower-hill next Friday Great Endeavours have been used to obtain his Pardon but the contrary party have carried it which munch dasheth our hopes but God still governs Acquaint Buckle here is no News of Crafton Hoy notwithstanding the Wind is fair 't is his Practice always to loiter by the wap I rest Your Loving Friend c. To this Mr. Williams of Counsel for the Defendant pleaded that the Letters had no name to them nor was there any Proof of their being published no more than that Sir Samuel did not deny the publishing of them and own'd they were sent to the Post-house winch being directed to a private Friend he left to the Judgment of the Court whether that was publishing a Libel That there was no malice proved to which the Ld. Ch. Justice replied that the thing was Evidence it self c. Then Mr. Williams observed that Records had been mention'd in the Information but not prov'd which not being in Court they were sent for and the Jury were set by the Court going oâ— in some other Causes and about an hour 〈◊〉 half after the Records were brought and tâ—â— Cause was resumed and Mr. Tindal being sworn put in the Records of the Attainder of the Ld. Russel and Col. Sidney part whereof was read and the Counsel for the Defendant having no more to say the Ld. Ch. Justice summ'd up the Evidence with great Bitterness declaring the Letters were factious seditious and malicious and as base as the worst of Mankind though he had all the Provocation that ever could be given a Man to libel another could ever have invented And that they tread very near upon the Borders of High-Treason it self Calling it Cozen-German to High-Treason c. After which the Jury laid their Heads together in the place where they stood and being presently after agreed upon their Verdict The Foreman gave it in That the Defendant was guilty of the Misdemeanour charged on him by the Information The Sentence of Court was That he should pay to the king a Fine of 10000 l. and find Sureties for his good Behaviour during Life and to be committed till the same be performed Proceedings in the Court of King's-Bench against Mr. James Hollaway April 21. 1684. JAmes Holloway of ' Bristol being fled out of England was Indicted for High-Treason for Conspiring the Death of the King and subversion of the Government c. And not appearing to Answer the Indictment was thereupon outlawed and being discovered by his Factor at Nevis to whom he had written about his Effects there was taken at St. Estatia one of the Caribbe Islands by the Deputy-Governour of St. Christophers and sent into England and there Committed to Newgate and upon Monday the 21st of April
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