should never be drawn into Example or Consequence That the Bishops here had done but what became them as Peers and Bishops in the most decent Manner And that unless this humble Petition so presented may be said to be a malicious and seditious Libel with an intent to stir up the People to Sedition the Jury ought not to find my Lords the Bishops guilty upon that Information Mr. Pollexfen next spoke insisting upon the Illegality of the King's Declaration as setting aside all the Law we have in England almost all being Penal Laws not only those before the Reformation but since especially in matters of Religion And therefore the King's Will not being consonant to Law and not obliging nothing can be done with a more Christian Mind than to inform him of it by way of Petition as the Bishops had done Then Mr. Serjeant Pemberton spoke Affirming that the Bishops had done no more than their Duty to God the King and the Church Denying the Dispensing Power as a thing that strikes at the very Foundation of all the Rights Liberties and Properties of the Kings Subjects whatsoever That the King 's Legal Prerogatives are as much for the Advantage of his Subjects as of himself That these Laws he would by his Declaration suspend are the great Bulwark of the Reformed Religion Intended to defend the Nation against false Religions Particularly the Romish Religion which is the very worst of all Religions a Religion no way tolerable nor to be endured here And yet if this Declaration should take effect all Religions would be let in and even that Religion would stand upon the same terms with the Protestant Religion and all the Care and Statutes that had been against it go for nothing That the Bishops have the Care of the Church by their very Function and Office and are bound to take care to keep out all those false Religions that are prohibited and designed to be kept out by Law and therefore could do no less than they did That our Law did allow the King no such Dispensing Power Instancing in that Check the Parliament had given to it in 1662. But here the Ld. Ch. Justice interrupted him as being what had been spoken to already Then Mr. Serjeant Levinz offered to shew that it has been taken all along as the ancient Law of England that such Dispensations ought to be by the King and Parliament and not by the King alone but he was stop'd enough having been offer'd already Therefore the Bishops Counsel proceeded to prove what had been said and to that end was produced and read in Court the Record of Richard the Second wherein the Parliament gave the King a Power to dispense with the Statute of Provisors which was a Penal Law concerning collating and presenting to Dignities and Benefices of the Church only till the next Parliament declaring withal that it was a Novelty and that it should not be drawn into Example Then the Journal of the House of Lords was produced and his Majesty's Speech to both Houses in 1662 read wherein is this Clause That if the Dissenters will demean themselves peaceably and modestly under the Government his Majesty said he could heartily wish that he had a Power of Indulgence to use upon occasion Whereupon there was a Bill in the House of Lords brought in to enable the King to dispense with several Laws which was read and committed but further than that it went not Which Bill was also read out of the Journal Then the Journal of the House of Commons was produced and a Vote read which passed Feb. 25. 1662. That no Indulgence be granted to the Dissenters from the Act of Vniformity With the Commons Address and Reasons for this Vote wherein was declared That the Act of Vniformity could not be dispensed with without an Act of Parliament The Journal of the House of Lords was again produced and the King's Speech to both Houses on Feb. 5. 1672 read wherein he mentions his Declaration for Indulgence The Journal then of the House of Commons was again produced and the Commons Petition and Address to the King Feb. 14. 1672 was read Wherein they thank him for his Speech And tell him They have considered his Declaration for Indulgence dated the 15th of March last And find themselves bound in Duty to inform his Majesty That Penal Laws in Matters Ecclesiastical cannot be suspended but by Act of Parliament And do therefore beseech him That the said Laws may have their free Course until it shall be otherwise provided for by Act of Parliament Then his Majesty's Answer to that Reply was read wherein he expresses his trouble that his Declaration has disquieted them That he does not pretend to the Right of suspending Laws wherein the Properties Rights or Liberties of any of his Subjects are concerned nor to alter any thing in the established Doctrine or Discipline of the Church of England But his only Design in this was to take off the Penalties and the Statutes inflicted upon Dissenters To which the Commons replied which was then read out of the same Journal That they found his Answer not sufficient to clear the Apprehensions that may justly remain in the Minds of his People by his Majesty's having claimed a Power to suspend Penal Statutes in Matters Ecclesiastical and which his Majesty does still seem to assert in his Answer to be intrusted in the Crown and never questioned in the Reigns of any of his Ancestors Wherein they humbly conceive him misinform'd Since no such Power ever was claimed or exercised by any of his Majesty's Predecessors And if it should be admitted might tend to the interrupting the free Course of the Laws and altering the Legislative Power which hath always been acknowledged to reside in his Majesty and his two Houses of Parliament With an unanimous Consent they therefore again besought him That he would be pleased to give them a full and satisfactory Answer to their Petition and Address and take such effectual Order that the Proceedings in this Matter might not for the future be drawn into Consequence or Example Then the Lords Journal was turned to wherein it waâ— read how that the King communicated this Address to the Lords and desired their Advice And that on March the 8th 1672 He made a Speech to both Houses wherein he tells them That if there was any Scruple remaining in them concerning the Suspension of Penal Laws he here faithfully promised them That what had been done in that Particular should not for the future be drawn either into Consequence or Example After which the Lord Chancellor imparted to them That his Majesty found some dissatisfaction remaining concerning the Officers to be employed abroad but if that bred any Umbrage the King commanded him to let them know That he resolves to give both his Houses full Satisfaction to their Desires And that his Majesty had last Night in pursuance of what he then intended and declared this Morning concerning the Suspension of
should be any Disturbance for they valued their Riches more than their Cause And at Oxford that he heard my Lord say again He wondred the People of England should stickle so much about Religion if he were to choose a Religion he would have one that should comply with what was apt to carry on their Cause Mr. John Smith deposed That he had often both in publick and private heard the Lord Shaftsbury speak very irreverently and slightly of the King saying He was a weak Man an inconstant Man of no firm or settled Resolution easily led by the Nose as his Father was before him by a Popish Queen which was the Ruin of his Father And that the King should declare That the Earl of Shaftsbury was not satisfied to be an ill Man himself but got over the E. of Essex too And that he was the chief promoter of the Rebellion in Scotland which when it was told him that he should send back word to the King That he was glad that the King saw not his own Danger But if he were to raise a Rebellion he could raise another-guess Rebellion than was that in Scotland One time particularly being sent for to the Lord Shaftsburies expressing his jealousy of the Irish Witnesses being drawn over to the Court-Party and retracting what they had said he order'd him to persuade them from going nigh that Rogue Fitz-Gerald maintain'd by the King and Court-Party to stifle the Plot in Ireland Saying also That when he was in the Tower he told some he saw Popery coming in and that it was hard to prevent it And that if the King were not as well satisfied with the coming in of Popery as ever the D. of York was the D. would not be so much concern'd about it as he was Afterwards having executed my Lord's Order one Mr. Bernard Dennis gave in an Information before Sir Patience Ward Lord-Mayor against Fitz-Gerald that he had tamper'd with him to forswear all he had sworn before the Copy of which Information he brought to the Lord Shaftsbury who when he had read it was very well pleased with it and said Mr. Smith don't you see the Villany of that Man and that factious Party and that the King runs the same steps as his Father did before him for that nothing of this Nature could otherwise be done I says he these are the very Steps that his Father followed when he was led by his Popish Queen and the poor Man doth not see his Danger Another time before the Parliament went to Oxford in discourse my Lord was saying to him That there was great Preparations made and a great many gathered together upon the Road between London and Oxford which he said was to terrify the Parliament to comply with the King's Desire which he was sure they never would for that the King aimed to bring in Popery But said he we have this Advantage of him if he offer any Violence to us for we expect it that we have the Nation for us and we may lawfully oppose him for it has been done in former Times and he will meet with a very strong Opposition for all that come out of the Country shall be well Hors'd and well Arm'd and so we shall be all and as old as he was that he would be one that would oppose to his Power and die before he would ever bring in Popery or any thing of that Nature Then Mr. Brian Haines deposed That he had often heard the Lord Shaftsbury vilify the King And that he and Mr. Ivey going to him one day about the Narrative he made of Sir Edmondbury Godfrey's Death he desired him not to expose his Person to the King's Anger because he was sure he would never grant a Pardon to any Man that impeached the Earl of Danby Says he Do not fear if he does not grant you a Pardon he makes himself the Author of the Plot and says he the Earl of Essex the Lord Maxfield and I we do all resolve if you 'l put in a Writing we will go to the King and beg a Pardon of him for you which if he does not grant we will raise the whole Kingdom against him for he must not expect to live peaceably in his Throne it he doth not grant it and this is the best Pretence we can have in the World we are prepar'd to raise Arms against him And after having heard a Pardon could not be had being begg'd for by the two Mr. Godfries he praying my Lord for a little Mony to help him to go beyond-Sea because he was sure he could not be safe in England My Lord told him the King durst as well be hang'd as meddle with him And one Day he being in Conference and giving my Lord an exact Account of Transactions having been a Traveller he asked my Lord What Model of Government was designed if they pulled the King down Says he Do you think there are no Families in England that have as much pretence to the Crown as any of the Stewarts Says he There is the Duke of Bucks that is descended of the Family of the Plantagenets one of the Edwards by his Mother and in her Right he should have the Barony of Ross and has as good a Title to the Crown of England as ever any Stewart had Then John Macnamarra being sworn deposed That he being with the Lord Shaftsbury after his return from the Parliament at Oxford concerning some Provision for the Witnesses he heard him express himself That the King was Popishly Affected and did adhere to Popery taking the same Methods that his Father before him took which brought his Father's Head to the Block and that they would also bring his thither and that he had told some Persons of Quality that this would fall out five Years before And at the same time that he said the King was a Faithless Man and no Credit was to be given to him and that the Dutchess of Mazarine was of his Cabinet-Council who was the worst Woman-kind And that he deserved to be deposed as much as ever King Richard the Second did Then Dennis Macnamarra deposed That he also heard the Lord Shaftsbury say in March or April in his own House Mr. Ivey being present That the King was not to be believe there was no Belief in him and he ought to be deposed as well a King Richard the Second and that the Dutchess of Mazarine was of his Cabinet-Council and he nothing but by her Consent Then Mr. Edward Ivey deposed That being at my Lord's House soon after the Parliament was dissolved at Oxford he heard him speak against the King saying He was an unjust Man and unfit to Reign and he wondred her did not take Example by his Father before him and that he was a Papist in his Heart and intended to introduce Popery And afterwards being with him with Hains he bid Hains to put what he had to say about the Death of Sir Edmondbury Godfrey into writing
and he should have a Pardon and that if the King did deny it as he durst not they would rise upon him and force him After him Bernard Dennis being sworn gave some account of his first coming into England and how he began his Acquaintance with the Earl of Shaftsbury and was recommended by him understanding him to be a Clergy-Man to Dr. Burnet and afterward to Mr. Ferguson in order to the bringing him over and how my Lord proffer'd him a Benefice And that one time being with him my Lord asked him How many there might be of his Name in his Country and told him that he would have him to advise those of his Name and Friends to be in a readiness when-ever occasion shall serve to stand by and assist the Common-Wealth of England for that they did really intend to have England under a Common-Wealth and would extirpate the King and all his Family as near as they could And said he admir'd at the Irish Nation to be such Fools for that it was very certain that King James Queen Elizabeth King Charles the First and the King that now is does wrong them to very Destruction But that a Common-Wealth would take more pity of them than any do now in this time wherein the King governs Here the King's Evidence ceasing the Jury enquired upon what Statute the Indictment was grounded and whether any of these Witnesses stood indicted To which the Court returning a satisfactory Answer they withdrew and the Court adjourned till three of the Clock When being sat again the Witnesses were all called one by one and examined by the Jury concerning what they had severally deposed Wherein nothing was remarkable but what they examin'd Mr. Secretary Jenkins Whether he heard not a Debate in the House of Commons about an Association And that Booth acknowledged himself to be in Orders tho now not Beneficed Turbervile and John Macnamarra that though they signed the Petition to the Common-Council for some Maintenance and that they were tempted to revoke their Evidence yet never read it nor knew what was in it And that Haynes further said That he heard the Lord Shaftsbury say at a Pastry-Cook's Shop in Iron-Monger Lane that the King had no more Religion than an Horse That when he came came first to England he was inclined to Popery but since he was degenerated from all the Principles of Christianity being just like a perfect Beast The Witnesses being examined the Jury withdrew and took the Statute-Book with them and returned the Bill Ignoramus Upon which the People fell a Hollowing and Shouting which Mr. Attorn Gen. desired might be recorded The Trial of Charles John Count Conningsmark Christopher Vratz Captain John Stern Lieutenant and Charles George Borosky alias Boratzi before the Lord Chief Justice Pemberton At the Old-Baily on Tuesday February the 28th 1681. THE Prisoners then and there appearing were Arraigned for the barbarous Murder of Thomas Thynn Esq And being Foreigners Mr. Vandore and Sir Nathaniel Johnson were sworn Interpreters They pleaded Not Guilty and desired their Jury might consist of half Foreigners which was granted And the Count desired his Trial might be put off a day or two and that he might be tried by himself neither of which were granted Then after some Challenges on both sides the Jury sworn were Sir William Roberts Bar. Moses Charas Gent. Richard Pagett Esq Charles Beelow Gent. George Hocknal Esq Peter Vandenhagen Gent. Walter Moyle Esq Christopher Ripkey Gent. Thomas Henslow Esq Daniel Griggion Gent. John Haynes Esq John Lebarr Gent. To whom the Indictment was read and Mr. Keen and Sir Francis Withens opened the same and then William Cole deposed That on Sunday Feb. 12. about a quarter after Eight at Night his Master Thomas Thynn Esq was coming up St. James-Street from the Countess of Northumberland's and he was walking with a Flambeau in his Hand before the Coach and coming along at the lower end of St. Albans-Street he heard the Blunderbuss go off and turning his Face back saw a great Smoke and heard his Master cry out he was murdered and saw three Horsemen riding away on the right side of the Coach whom he pursued and cried out Murder He ran to the upper end of the Hay-Market till he was quite spent and then turning back again his Master was got into the House whom he understood was wounded One of the Men was upon a little Bay Horse William Ellers deposed That then and there he coming with his Master from the Lady Northumberland's there came three Men riding by the right side of the Coach and as they rid one of them turned about and said Stop you Dog And just as he looked about the Fire was let into the Coach upon his Master and the Men ran away as fast as they could and that he could not know any of their Faces Mr. Hobbs the Chirurgeon deposed That he was with Mr. Thynn about nine or ten a Clock that Night he was wounded and found him shot with four Bullets which entred into his Body tore his Guts and wounded his Liver and Stomach and Gall and broke one of his Ribs and wounded the great Bone below of which Wounds he died and believed there as never a Wound but was Mortal He shewed the Court the four Bullets two of which he thought might be Iron one he found in the Stomach one between the Ribs and the Skin and two were lodged in the Back-bone Then Mr. White the Coroner deposed That on Feb. 13. he sat upon the Body and found four Holes on the right Side behind his short Ribbs as if made with Bullets and he gave order to open the Body and saw Mr. Hobbs take out the four Bullets Boresky being then told what was said replied That he fired the Blunderbuss but did not know how many Bullets there were because he did not charge it but he could tell who did But the Ld. Ch. Justice said that would not be material because his Evidence could charge no Body but himself Then Mr. Bridgman and Sir John Reresby deposed That Borosky Vratz and Stern were examined by them and proffer'd to read their Examinations but the Ld. Ch. Justice would not suffer it because their Evidence could charge no Body but themselves and he would not let the Jury be possess'd by that which is not Evidence And therefore they were only suffer'd to help their Memories by the Examinations and to mention only what they had confessed as to themselves Therefore they said that Borosky then confessed that he came into England at the desire of Count Conningsmark But here the Ld. Ch. Justice interrupted again the Evidence and bid Mr. Bridgman only relate his Confession as to himself which was That he fired the Musquetoon by the Captain 's Order who had before bid him to fire as soon as ever he stopped the Coach Capt. Vratz confessed that he came with a Design to fight Mr. Thynn having sent him Challenges by Post from
with being then call'd for to the Bar and discharged Upon which my Lord Delamere replied That he should pray to Almighty God to be thankful to him for his Mercy and to my Lords for their Justice and pray'd God to deliver their Lordsships and all honest Men from Wicked and Malicious Lying and False Testimony and pray'd God to bless his Majesty and that long he might Reign And I pray God added the Lord H. Steward to continue to him his Loyal Peers and all other his Loyal Subjects Then a Serjeant at Arms having made Proclamation to Dissolve the Court the Lord High Steward took the White Staff from the Usher of the Black Rod and holding it over his Head broke it in two A Narrative of all the Proceedings against Henry Lord Bishop of London in the Council-Chamber at White-Hall by the Lords Commissioners appointed by his Majesty to inspect Ecclesiastical Affairs On Wednesday Aug. 4. 1686. Present in Council Lord Chancellor Lord Bishop of Durham Lord Treasurer Lord Bishop of Rochester Lord President Lord Chief Justice Herbert UPon my Lord Bishop's then and there appearing before them according to a Summons sent unto him the Lord Chancellor Jefferies ask'd him Why he did not suspend Dr. Sharp when the King commanded and sent him express Order so to do and told him what it was for viz. for preaching Seditiously and against the Government The Bishop answered That if he had done amiss it was not a wilful Fault and that he had took the best Advice he could get and was inform'd he could not do it legally but by way of Express and hearing him That he was not provided with such a Defence as he might have been not knowing what would be laid to his Charge and therefore desired some time and a Copy of their Lordships Commission and of his Charge But his having a Copy of their Commission denied him it being already publickly abroad he desired either to read or hear it read Hereupon the Bishop and all the Company were desired to withdraw and returning within about a quarter of an hour the Chancellor told him All the Commissioners were of Opinion that his Request was not to be granted it being unreasonable But they were willing to allow him more time the Bishop therefore prayed that he might have till the beginning of the next Term but a Week vvas thought enough and so they adjourn'd only until Monday next Aug. 9. 1686. Then and there the Bishop came attended with his Nephew the Earl of Northampton his Brother-in-Law Sir John Nicholas and his Brother Sir Francis Compton c. There being present in Council the same as before The Chancellor told him they vvere now ready to hear his Reasons But the Bishop replied He vvas not so ready as he might have been because he could not light of the Commission to see it until last Night tho he imployed all his time to search for it and he had not had time since to take Advice vvhat to answer and that his Counsel vvas out of Town in vvhom he thought to confide Then vvithdrawing for a quarter of an hour the Chancellor told him They vvould not admit of any quarrelling vvith their Commission for that they were well assured of the Legality of it But asking him what Time he desired at his request they granted him a Fortnight and adjourned It vvas observed that vvhen the Bishop spake concerning the Commission Sir Thomas Clarges spake aloud saying VVell put well put my Lord speaks nothing but Truth There was also another Gentleman Sir John Lowther of Lincolnshire vvho as he vvas coming away in the Crowd said There are some who have represented me as a Papist but the contrary shall appear I will not be afraid nor ashamed to vindicate my Lord Bishop of London 's Cause before the Commissioners themselves Tuesday Aug. 24. 1686. There being present in Council the same as at first the Lord Bishop attending and being asked what he had to say after some Apology for vvhat he vvas about to say he said His Counsel tells him that their Proceedings in this Court are directly contrary to the Statute-Law and vvere there ready to plead it if their Lordships would admit them But the Chancellor told him they vvould neither hear him nor his Counsel in the Matter they being satisfied of the Legality of their Commission Then the Bishop urged that their Commission he conceived did not extend to the Crimes laid to his Charge for they were to censure Faults vvhich are committed But this that he vvas accused of vvas before the Date of their Commission The Chancellor confess'd there vvas such a Clause but that those vvere general Clauses that take in things past as vvell as future Then the Bishop protesting in his own Right to the Laws of the Realm as a Subject and the Rights and Priviledges of lie Church as a Bishop he would with their leave give them his Answer Which was accepted and the Bishop withdrew and left Dr. Sharp's Petition which Dr. Sharp carried on Sunday June 20. 1686. to Windsor and was not admitted to be read Which is as follows To the King 's most Excellent Majesty the humble Petition of John Sharp Clerk sheweth THat nothing is so afflictive to your Petitioner as his unhappiness to have incurred your Majesty's Displeasure vvhich he is so sensible of that ever since your Majesty vvas pleased to give notice of it he hath forborn all publick Exercise of his Function and still continues so to do Your Petitioner can vvith great sincerity affirm That ever since he hath been a Preacher he hath faithfully endeavoured to do the best Service he could in his Place and Station as vvell to the late King your Royal Brother as to your Majesty both by preaching and otherwise And so far he hath always been from venting any thing in the Pulpit tending to Schism or Faction or any vvay to the disturbance of your Majesty's Government that he hath upon all Occasions in his Sermons to the utmost of his Power set himself against all sorts of Doctrines and Principles that look that vvay And this he is so vvell assured of that he cannot but apprehend that his Sermons have been very much misrepresented to your Majesty But if in any Sermon of his any Words or Expressions have unwarily slipp'd from him that have been capable of such constructions as to give your Majesty cause of Offence as he solemnly professes he had no ill Intention in those Words or Expressions so he is very sorry for them and resolves for the future to be so careful in the discharge of his Duty that your Majesty shall have reason to believe him to be your most faithful Subject And therefore he earnestly prayeth that your Majesty out of your Royal Grace and Clemency vvould be pleased to lay aside the Displeasure you have conceived against your humble Petitioner and restore him to that Favour vvhich the rest of the Clergy enjoy under your
Majesty's gracious Government So shall your Petitioner ever pray c. This being read the Bishop return'd and the Chancellor told him they were not concerned in it and asked him If he desired his Answer should be read The Bishop said Yes saying that what he did therein was by Advice of Counsel and therefore hoped would not be interpreted to be done maliciously or obstinately And that in effect he did what the King commanded to be done having advised Doctor Sharp to forbear Preaching till his Majesty had received Satisfaction concerning him and accordingly that he had forborn in his Diocess Then the Bishop's Paper was read which contain'd the King's Letter and Bishop's Answer thereto The King's Letter Dated Monday July 14. 1686. Delivered at Fulham on Thursday June 17. in the Afternoon by Mr. Atterbury the Messenger JAMES R. RIght Reverend Father in God We greet you well Whereas We have been informed and are fully satisfied that Dr. John Sharp Rector of the Parish Church of St. Giles in the Fields in the County of Middlesex and in your Diocess notwithstanding Our late Letter to the most Reverend Fathers in God the Arch-Bishops of Canterbury and York and Our Directions concerning Preachers given at Our Court at White-hall March 15. 1685. in the Second Year of Our Reign yet he the said Dr. John Sharp in contempt of the said Orders hath in some of the Sermons he hath since preached presumed to make unbecoming Reflections and to utter such Expressions as were not fit or proper for him endeavouring thereby to beget k the Minds of his Hearers an evil Opinion of Us and Our Government by insinuating Fears and Jealousies to dispose them to Discontent and to lead them into Disobedience and Rebellion These are therefore to require and command you immediately upon receit hereof forthwith to suspend him from further Preaching in any Parish Church or Chappel in your Diocess until he has given Us Satisfaction and Our further Pleasure be known herein And for so doing this shall be your Warrant And so We bid you heartily farewel Given at our Court at Windsor June 14. 1686. in the Second Year of Our Reign By His Majesty's Command SVNDERLAND The Bishop of London's Answer sent by Dr. Sharp to the Earl of Sunderland then at Hampton-Court on Friday June 18. Who could have no Answer To the Right Honour able the Earl of Sunderland Lord President c. My Lord I Always have and shall count it my Duty to obey the King in what-ever Commands he lays upon me that I can perform with a safe Conscience But in this I humbly conceive I am obliged to proceed according to Law and therefore it is impossible for me to comply because though his Majesty commands me only to execute his Pleasure yet in the Capacity I am to do it I must act as a Judg and your Lordship knows no Judg condemns any Man before he has knowledg of the Cause and has cited the Party However I sent to Mr. Dean and acquainted him with his Majesty's Displeasure whom I find so ready to give all reasonable Satisfaction that I have thought fit to make him the Bearer of this Answer From him that will never be unfaithfull to the King nor otherwise than My Lord Your Lordships most humble Servant H. LONDON After this the Chancellor ask'd the Bishop if he had any more to say Who then desired his Counsel might be heard by whom they would have more clear and full Satisfaction concerning what he had said Whereupon the Bishop was desired to withdraw and after half an hour he and his Counsel were called in who were Dr. Oldish Hodges Prince and Newton Dr. Oldish pleaded That the King's Letter did not take cognizance of the Cause so that it could not be an absolute Suspension because that supposeth a Proof of the Crime charged upon him That there was no such word in their Laws as suspend from Preaching which therefore must be meant silencing and this the Bishop did and in such a Method as is observed in their Courts Dr. Hodges then pleaded That the Bishop had done what the King commanded and that he could not Suspend which is a Judicial Act without first a Citation and Hearing which is the Method of proving before all Courts and appeared to be so in this otherwise the Bishop needed not to have been cited before them And that in returning the King an Answer why he did not do what he commanded him he did but what was his Duty and what was Law Dr. Price pleaded that a Citation was Jure Gentium and could never be taken away by any Positive Command or Law whatsoever that therefore the Bishop had obeyed the King so far as he could in that he had silenced the Doctor the Advice of a Bishop being in some sense an Admonition which is a Judicial Act and was given by the Bishop and obeyed by the Doctor Dr. Newton pleaded that the Bishop had obeyed the King for as in Nature no Man can be desired to do what is impossible so no man can be obliged to do an unlawful Act which Suspension without Citation and Hearing is That the Bishops are Custodes Canonum and therefore must not break them themselves That he had done what was in his Power to do and it was in effect what the King commanded to be done For where he did Rescribere and heard not the further Pleasure of the King returned he ought to conclude the King was satisfied with what he had written according to his Duty and the King had altered his Commands Then the Bishop of London said If he had erred in any Circumstance he was very ready to beg his Majesties Pardon and would be ready to make any reparation he was capable After which the Bishop withdrew for half an Hour and then being called in was desired to attend the Court again on Sept. 6. So the Bishop desiring that care might be took concerning the Minutes taken by the Clerks of what passed that he might not be misrepresented to the King by the Mistake of the Pen-man he went away While the Counsellors were pleading Dr. Pinfold the King's Advocate stood at the Chancellor's Elbow and took Notes by which it was expected that he should make a Reply but he said nothing and 't is supposed that he staid with the Council when the Bishop withdrew and gave them Reasons for his silence On Monday Sept. 6. 1686. There being present in Council the same as before and the Bishop appearing he was desired to sit down and hear his Sentence which to prevent Mistake they had ordered to be put in Writing The Bishop then would have spoke but was not suffered And then Mr. Bridgman their Register read the Instrument whereby the Bishop of London was suspended from the Execution of his Episcopal Office upon pain of Deprivation during his Majesties Pleasure sealed with their Seal but signed by no Body at all And some day after one of the
Messengers attending the Court delivered to the Dean of St. Pauls a Warrant from the Ecclesiastical Commissioners to cause this Sentence to be affixt on the Door of that Chapter-House and to certify them of the due Execution hereof Dated Septemb. 28 1686. and sealed with the same Seal as the Sentence which was annexed thereto but no Persons Names Subscribed To the Dean and Chapter of London The Proceedings and Trial in the case of the most Reverend Father in God William Lord Arch bishop of Canterbury and the Right Reverend Fathers in God William Lord Bishop of St. Asaph Francis Lord Bishop of Ely John Lord Bishop of Chichester Thomas Lord Bishop of Bath and Wells Thomas Lord Bishop of Peterborough Jonathan Lord Bishop of Bristol in the Court of Kings-Bench at Westminster in Trinity-term in the 4th Year of the Reign of King James the 2d Annoque Domini 1688. THese Peers were present on Friday June the 15th 1688 when the Lords the Archbishop and Bishops were brought into Court from the Tower upon the Habeas Corpus Viz. Ld. Marq. of Hallifax Ld. Marq. of Worcester Earl of Shrewsbury Earl of Kent Earl of Bedford Earl of Dorset Earl of Bullingbrook Earl of Manchester Earl of Burlington Earl of Carlisle Earl of Danby Earl of Radnor Earl of Nottingham Ld. Visc Fauconberge Ld. Grey of Ruthyn Ld. Paget Ld. Chandoys Ld. Vaughan Carbery The aforesaid Bishops appearing then and there about eleven a Clock at Mr. Attorney General 's motion the Writ and Return were read in Court Sr. Robert Wright Ld. Ch. Justice Judges Mr. Justice Holloway Judges Mr. Justice Powell Judges Mr. Justice Allybone Judges Then the Bishops being sat in Chairs provided there for them the Attorney General motion'd an Information to be read against them which Sir Robert Sawyer Serj. Pemberton Mr. Pollexfen and Mr. Finch oppos'd being of Counsel for the Bishops requiring a Discharge for the Prisoners because their Imprisonment was illegal the Persons committing having no Authority to commit being said to be Lords of the Council and not in Council and the Fact for which they were committed being a bare Misdemeanour the Bishops as Peers of the Realm ought to be served with the usual Process of Subpoena and not to be committed to Prison and therefore the Bishops not being now regularly in Court they ought to be charged with no Informatian by the express Statute of Edward the 3d. The which Objections caused a long and learned Debate on both sides till at length the Judges over-ruled it only Mr Justice Powell refused to determine without consulting Precedents Then the Information against the Bishops was read the Substance whereof was That whereas the King put out his Declaration for Liberty of Conscience on the 4th of April in the 3d Year of his Reign in which is contained c. Here that Declaration was inserted and on the 27th of April in the 4th Year of his Reign did publish his other Declaration entitled c. Here that Declaration also was inserted which last Declaration he on the 30th of April following caused to be printed and for the more solemn Notification of his favour therein did on the 4th of May following order the same to be read in all Churches c. Here that order of Counsel was inserted After the making of which Order viz. on the 18th of May following at Westminster in Middlesex the seven Bishops being here named did consult and conspire among themselves to diminish the Regal Authority and Royal Prerogative Power and Government of the King in the Premisses and to infringe and elude the said Older and in Prosecution and Execution of the Conspiracy aforesaid they the said Bishops here again naming them with Force and Arms c. there and then falsly unlawfully maliciously seditiously and scandalously did frame compose and write c. a certain false feigned malicious pernicious and seditious Libel in Writing concerning the King his Declaration and Order aforesaid under pretence of a Petition then and there subscribed by them and in the presence of the King did publish wherein is contained Here the Bishops Petition was inserted Whereupon the Attorney General pray'd the Advice of the Court and due Process of Law to be made out against the aforesaid Bishops c. to answer to our Lord the King in and concerning the Premisses Then the Bishops Counsel moved for an Imparlance till the next Term and very learnedly and largely debated with the Kings Counsel concerning the course of the Court as to that Particular but were over-ruled in it Then the Arch-bishop in behalf of himself and his Brethren the other Defendants tender'd their Plea in writing which was read and its Receipt debated but because it was writ upon Paper and not upon Parchment and contained no more than what had been already debated and over-ruled the Court rejected it and put them therefore upon it to plead presently to the Information which they all did Not Guilty and this day fortnight appointed for their Trial at this Bar the Court taking the Bishops own Recognizance of the Arch-bishop in 200 l. and the rest in 100 l. apiece then and there to appear after which the Court arose ON Friday the 29th day of June being the Feast of St. Peter and St. Paul the Bishops then and there made their Appearance Sr. Robert Wright Ld. Ch. Justice Judges Mr. Justice Holloway Judges Mr. Justice Powel Judges Mr. Justice Allybone Judges These Peers being present viz. Ld. Marq. of Hallifax Ld. Marq. of Worcester Earl of Shrewsbury Earl of Kent Earl of Bedford Earl of Pembrook Earl of Dorset Earl of Bullingbrook Earl of Manchester Earl of Rivers Earl of Stamford Earl of Carnarvon Earl of Chesterfield Earl of Scarsdale Earl of Clarendon Earl of Danby Earl of Sussex Earl of Radnor Earl of Nottingham Earl of Abington Ld. Visc Fauconberge Ld. Newport Ld. Grey of Ruthyn Ld. Paget Ld. Chandoys Ld. Vaughan Carbery Ld. Lumley Ld. Carteret Ld. Ossulston 'T is possible more of the Peers might be present both days whose Names by reason of the Croud could not be taken The Bishops Names being called over the Jury was sworn whose Names follow viz. Sir Roger Langley Bar. Sir William Hill Kt. Roger Jennings Esq Thomas Harriot Esq Jeoffery Nightingale Esq William Withers Esq William Avery Esq Thomas Austin Esq Nicholas Grice Esq Michael Arnold Esq Thomas Done Esq Richard Shoreditch Esq To whom the Information against the Bishops was read And then Mr. Wright opened the charge to which Mr. Attorney General spoke shewing that the Bishops were prosecuted not as Bishops or for any point of Religion but as Subjects and for a Temporal Crime And that also they were prosecuted not for omitting any thing but for doing something even censuring of his Majesty and Government The Heinousness of which Crime he opened and laid down the Method they would proceed in to prove it And according to the Method observ'd in the Information that every thing might
be proved therein Mr. Solicitor General order'd to be produced in the Court both the Declarations under the Great Seal and the Order of Council for reading the latter was read out of the Council-Book and the Printer call'd and sworn to prove the printing of the Declaration Then the Bishops Petition was deliver'd in also by Sir John Nicholas who being sworn deposed that he received that Paper from the King in Council the 8th of this Month that the King had it from him again the 12th and the 13th he received it again from the King Then the Court went on to prove the Bishops hands to it and for that end Sir Thomas Exton was sworn who viewing the Paper deposed that he did believe it was the Lord Arch-Bishops Writing and that his Name was writ there by himself but that he did not know any of the other Names Then Mr. Brooks being sworn deposed also that he knew the Arch-bishop Hand-writing and viewing the Paper did believe that to be written by him That he knew also the Bishop of St. Asaph's Writing and did believe this to be his That he had seen of the Bishop of Ely's Writing and because this did resemble a Letter that he had by him of his writing to the Bishop of Oxford therefore he did believe this also to be his But this was by the Court adjudged to be but weak Evidence Therefore Mr. Chetwood was sworn to prove the Bishop of Ely's Hand but he only deposed That he had a great while since seen of what was said to be his Writing but that he never saw him write and therefore did not certainly know his Hand And a little after being called to evidence to the Bishop of Bath and Wells and Bishop of Peterborough's Hands he said that he had seen of the Bishop of Bath and Wells Writing but never saw him write his Name and looking on his Name he said he believed that might be his Writing but he was not certain that he rather believed it to be his Hand than that other to be my Lord of Peterborough's After him Mr. Smith deposed viewing the Bishop of Ely's Name that he had a good while since seen of his Writing which this did resemble and therefore he believed it might be his Writing though he could better judg of it when he writ his Name Turner than now it is Ely because there was more Letter to judg by Then Mr. Middleton deposed to the Arch-Bishop and the Bishop of Ely That he had seen their Writing and upon viewing the Paper did believe that this was theirs That also he had my Lord of Peterborough's Writing for some Money two Years ago and he believed this to be like it but he never saw of his Writing but once That once he saw of the Bishop of Bristol's Writing also and did think this like it but could not say more Then Sir Thomas Pinfold deposed to the Bishop of Peterborough's Writing that he never saw but one Letter from him and viewing the Paper that he could not tell upon his own Knowledg that that was his Hand but upon this account that he had heard there was a Paper delivered by my Lords the Bishops to the King and this Paper he supposing to be the same upon that score he did believe it his Hand but upon any other score he could not tell what to say Then Mr. Clavel was sworn who deposed that he had many times seen of the Bishop of Peterborough's Writing and believ'd he knew it and viewing the Paper believ'd that to be his Hand but he could not say that ever he had seen him write Next Mr. James was sworn who deposed to the Bishop of Bristol's Writing that he believ'd he knew his Hand but was not certain because my Lord writ several times several Hands but viewing the Paper he at last acknowledg'd that he believ'd this to be his Then Mr. Nathaniel Powel being sworn deposed to the Bishop of Chichester's writing that he believed he knew his Hand but looking upon his Name said that he did not see his Lordship write that but believ'd it to be like his Hand but would not say positively that he believ'd it was so because for a Man to swear his belief in such a matter seemed to him an extraordinary thing Then the Counsel for the King prayed that the Paper might be read but the Bishops Counsel opposed it First Mr. Serj. Levinz pleaded That a Proof by Comparison of Hands which was the only Proof they had in this case ought not to be received in a Criminal Case and because moreover that Comparison had been proved in such an uncertain manner Then Mr. Serj. Pemberton pleaded that this Evidence did not amount to so much as a Comparison of Hands because none of them had ever seen the Persons write and if it did that was no Evidence in Criminal Cases Then Mr. Pollexfen pleaded that it ought to be consider'd whether Comparison of Hands be Evidence in a Case of Misdemeanour instancing in my Lady Carr's Case in Syderfin's Reports where this Court had adjudg'd it otherwise Or if it be Evidence whether the Belief of a Man that brings nothing to compare with it or ever saw the Party write be good Evidence as a Comparison of Hands Then Mr. Attorney General reply'd that this was Evidence though not so strong as if they had brought those that had seen then write yet Evidence it was and whether it were sufficient that they submitted to the Jury Then Mr. Attorney General prov'd it to be Evidence from Sydney's Case where Evidence upon Comparison of Hands caste him And for the same purpose Mr. Recorder instanced in Sir Samuel Barnardiston's Case but was presently filenc'd by Sir Robert Sawyer who told him that Sir Samuel there owned his Hand Mr. Justice Powel and Mr. Holloway then declared that they thought the Proof too slender in this Case for that it ought to be stronger in Criminal Matters than in Civil Therefore the Court being divided the Ld. Ch. Justice told Mr. Sollicitor he must go on to some other Proof And then Mr. Blathwayt was sworn who looking on the Paper deposed that he did believe that to be the Paper which the Ld. Arch-Bishop and the other six owned at the Council-Table the 8th of this Month where when they appeared the first time they were asked if they did own that Paper they immediately answered that they humbly hoped as they stood there Criminals his Majesty would not take Advantage against them but however they would obey his Majesty's Command Thereupon they were commanded to withdraw which they did That when they came in the second time they seemed unwilling to own the Paper saying as they did before and denying the publishing of it That the third time they attended they did all own it and the Arch-Bishop said it was all written with his own Hand and that he had not made use of his Clerk the King not making any Promise to them that
him thanks for the 10000 l. which was given for the Propagation of the Catholick Religion and that it should be imployed for no other Intent and Purpose but for that which it was sent which was to cut off the King which Le Chese's Letter dated in August and which he both saw and read and to which this was an Answer positively express'd That Letter was directed to one Strange then Provincial of the Society in London which Mr. Coleman answered because Strange having run a Reed into his Finger had wounded his Hand and Secretary Mico was ill This Letter he delivered into Le-Chese's own Hand who gave him a Letter in answer to it which he brought to St. Omers and was there inclosed in the Letter from the Society to Coleman He further deposed that in April last Old Stile and May New Stile there was a general Consult of the Jesuits held by virtue of a Brief from Rome sent by the Father General of the Society first at the. White-Horse Tavern in the Strand and afterwards in several Clubs wherein the Death of the King was Conspired Grove and Pickering being imployed to Pistol him in St. Jame's Park for which Grove was to have 1500 l. in Mony and Pickering being a Priest was to have 30000 Masses which at twelve Pence a Mass amounted much-what to that Mony to all which Coleman was privy and in one Letter he writ about it express'd his disire to have the Duke trappan'd into this Plot to murther the King And in case this fail'd there was a further Design lay'd to murther the King at Windsor by four Irish Assassinates provided by Dr. Fogarthy and fourscore Pounds were provided by Father Harcourt a Jesuit and Rector of London for their present Maintainance which Coleman saw upon a Table in Wild-House where he was with Harcourt and gave the Messenger who was there ready to carry them after the Ruffians to Windsor a Guiny for expedition saying he lik'd it very well Yea and if this also should fail there were Instructions brought by one Ashby a Jesuit in July last to London from Flanders to proffer 10000 l. to Sir George Wakeman to Poison the King Which Instructions were seen and read by Mr. Coleman by him copied out and transmitted to several Conspirators of the King's Death in this Kingdom of England that were privy to this Plot. He said 10000 l. was too little and therefore he procured 5000 l. more to be added to it which Sir George Wakeman accepted of and receiv'd 5000 l. in hand with a promise of the Rest as soon as he should have done the Work He deposed likewise that a Consult had been held in the Savoy with the Jesuits Benedictine Monks for the murthering of the Duke of Ormond and raising a Rebellion in Ireland the Pope's Right to that Kingdom being asserted and 40000 black Bills provided to be sent thither for the use of the Catholick Party Coleman being privy thereto and the main Agent therein being heard to say to Fenwick that he had found a way to transmit the 200000 l. for the carrying on this Rebellion in Ireland That he saw likewise several Commissions come from Rome in Mr. Langhorn's Chamber among which was one for Mr. Coleman to be Secretary of State the receipt of which he hath since heard him acknowledg The Prisoner then offer'd something against the Informant from his telling the King when he was examin'd before the Council that he never saw him before Which the Informant obviated by confessing that there and then he did say that he would not swear that he had seen him before his Sight being bad by Candle-light and being then wearied and tired out but that when he had heard him speak he could have sworn it was he but it was not then his Business The other Witness then produced against the Prisoner was Mr. Bedloe Who deposed that he heard Sir Henry Tichbourn say that he had a Commission and that he brought one for Mr. Coleman and the rest of the Lords from the Principal of the Jesuits at Rome by order of the Pope to be Principal Secretary of State And that he was imployed by Harcourt to carry Letters to Le-Chese the French King's Confessor and was at a Consult in France where the Plot was discoursed on for killing the King and did bring back an Answer from Le-Chese to Harcourt in London and on the 24th or 25th of May 1677. he was with Harcourt at Coleman's House where he heard Coleman speak these words That if he had a Sea of Blood and an hundred Lives he would lose them all to carry on the Design And if to effect this it were necessary to destroy an hundred Heretick Kings he would do it The Prisoner then asking Mr. Bedlow if he ever saw him in his life He answer'd You may ask that question But in the stone Gallery in Somerset-House when you came from a Consult where were great Persons which I am not to name here that would make the bottom of your Plot tremble You saw me then The Court then proceeded to other evidence which were the Prisoners Papers and proved the manner of finding them by Mr. Bradley a Messenger and that those which were then produced in the Court were his by the Clerks of the Council and his own Servant Ordering them afterwards to be read The first Paper was a long Letter dated Sept. 29. 1675 sent to Le-Chese wherein he gives him an account of the Transactions of several Years before and of the Correspondence between him and Monsieur Ferrier Predecessor to Le-Chese Asserting that the true way to carry on the Interest of France and the promoting of Popery here in England was to get that Parliament dissolved which says he had been long since effected if 300000 l. could have been obtained from the French King And that things yet were in such a posture that if he had but 20000 l. sent him from France he would be content to be a Sacrifice to the utmost Malice of his Enemies if the Protestant Religion did not receive such a Blow as it could not subsist The receipt of this Letter was acknowledged by Le-Chese in an Answer he wrote to Mr. Coleman and was then read in the Court dated from Paris October 23. 1675. wherein he gives him thanks for his good Service and promises his Assistance in order to the promoting the Popish Religion Then was produced and read a Declaration which Mr. Coleman as Secretary had penned in the King's Name shewing his Reasons for the Dissolution of the Parliament Then also was read a Copy of a Letter written to Le-Chese which Mr. Coleman confessed he himself wrote and counterfeited in the Duke's Name and that when he was so bold as to shew it to the Duke the Duke was very angry and rejected it Several other Letters were read of Mr. Coleman's to Monsieur Ferrier and others and particularly one dated August 21. 1674. to the Pope's Internuncio at Brussels
wherein he says The Design prospered so well that he doubted not but in a little time the Business would be managed to the utter Ruin of the Protestant Party And by other Letters he writes to the French King's Confessor that the Assistance of his most Christian Majesty is necessary and desires Mony from him to carry on the Design But there was one Letter without Date more bloody than all the rest which was written to Le Chese in some short time after the long Letter of Sept. 29 1675. wherein among many other things Mr. Coleman expresses himself thus We have a mighty Work upon our hands no less than the Conversion of three Kingdoms and the utter subduing of a Pestilent Heresy which hath for some time domineer'd over this Northern Part of the World and there never were such hopes of success since the Death of our Queen Mary as now in our days And in the Conclusion of this Letter he implores Le Chese to get all the Aid and Assistance he can from France and that next to God Almighty he did rely upon the mighty Mind of his Most Christian Majesty and therefore did hope Le Chese would procure Mony and Assistance from him Then Dr. Oates at the desire of the Prisoner was call'd again concerning the time of the Consult Coleman offering to prove that he was the most part of that Month in Warwickshire offering something to excuse himself from the Guilt of Treason but being clearly convic'd in both Points Sir Francis Winnington his Majesty's Solitcior General sum'd up the Evidence to which Serjeant Pemberton added something and then the Lord Chief Justice Scroggs spoke to the Jury who presently brought the Prisoner in Guilty who on the Morrow Morning being brought to the Bar offered again something as to his being out of Town and pleaded the King's Act of Grace the insufficiency of which as to him being shewn the Ld. Ch. Justice directed a very excellent and Christian Speech to him pronouncing Sentence upon him to be hang'd drawn and quartered And on Tuesday Decemb. 3. following he was accordingly drawn on a Sledg from Newgate to Tyburn where he declared that he had been a Roman Catholick for many Years and that he thanked God he died in that Religion and he said he did not think that Religion at all prejudicial to the King and Government The Sheriff told him if he had any thing to say by way of Confession or Contrition he might proceed otherwise it was not seasonable for him to go on with such like Expressions And being asked if he knew any thing of the Murther of Sir Edmondbury Godfrey he declared upon the words of a dying Man he knew not any thing of it for that he was a Prisoner at that time Then after some private Prayers and Ejaculations to himself the Sentence was executed upon him The Trials of William Ireland Thomas Pickering and John Grove at the Sessions-house in the Old-Baily on Tuesday December 17 1678. THen and there were Arraigned Thomas White alias Whitebread William Ireland John Fenwick Thomas Pickering and John Grove upon an Indictment of High-Treason for conspiring to murder the King To which they pleaded Not Guilty Their Jury were Sir Will. Roberts Bar. Sir Phil. Matthews Bar. Sir Charles Lee Kt. Edward Wilford Esq John Foster Esq Joshua Galliard Esq John Byfield Esq Thomas Eaglesfield Esq Thomas Johnson Esq John Pulford Esq Thomas Earnesby Esq Rich. Wheeler Gent. To whom the Indictment was read and Sir Creswel Levinz opened it Sir Samuel Baldwyn opened the Charge and Mr. Finch all of Counsel for the King in this Cause opened the Evidence And Dr. Oates being sworn deposed That in December last VVhitebread receiv'd a Patent from the General of the Jesuits at Rome to be Provincial of that Order That after that he ordered Conyers to preach against the Oaths of Allegiance and Supremacy at St. Omers upon St. Thomas of Canterbury's day That he sent several Letters thither to Ashby about Assassinating the King and in February a Summons to the Consult held April 24 upon which nine did appear at London and the Consult was begun at the White-Horse Tavern in the Strand and afterwards adjourn'd into several little Meetings wherein a Resolve was drawn up by Secretary Mico for Pickering and Grove to go on in their Attempt to kill the King for which Grove was to have 15000 l. and Pickering 30000 Masses and this Resolve was signed by Whitebread Fenwick Ireland and others whom he saw sign it That in June the Witness was sent over to murder Dr. Tongue for translating the Jesuits Morals out of French that he met with Fenwick at Dover whose Box being seiz'd by the Searchers then said that if they had search'd his Pockets they would have found Letters as might have cost him his Life That soon after Ashby who had been sometime Rector of St. Omers brought Instructions from VVhitebred who was then looking after his Charge as Provincial beyond Sea that Care should be taken for the Murder of the Bishop of Hereford and Dr. Stillingfleet and that 10000 l. should be proposed to Sir Geo. VVakeman for poysoning the King and that nevertheless Pickering and Grove should go on still in their Attempts That the 10000 l. was proposed to but refused as too little by Sir George whereupon VVhitebread writ from St. Omers that 15000 l. should be proposed which was both proposed and accepted whereof 5000 l. was paid by Coleman or his Order That in August at a Consult of the Jesuits with the Benedictines the four Ruffians were recommended by Dr. Fogarthy to which Fenwick being present consented and they were sent away to VVindsor and the next day 80 l. was sent after them That in this Month other Letters came from VVhitebread ordering Harcourt to send one Moor and Sanders alias Browne into Scotland to carry on the Design which Fenwick and Ireland had plotted of a Rebellion there That Pickering and Grove did accept the Terms and Grove took the Sacrament and Oaths of Secrecy upon it after the Consult was over in VVhitebread's Chamber That he saw Pickering and Grove several time walking in the Park together with their Screw'd Pistols that they had Silver Bullets to shoot with which he had seen and Grove would have had the Bullets to be champt for fear the Would to be given by them might be curable That in March last these Persons having followed the King several Years Pickering had a fair opportunity but that the Flint of his Pistol being loose he durst not venture to give Fire for which Negligence he underwent Penance and had twenty or thirty strokes of Discipline and Grove was chidden for his Carelesness That Fenwick was by when the 80 l. was sent by Harcourt to VVindsor for the four Ruffians That he received the Oath of Secrecy which VVhitebread administred upon a Mass-Book Mico holding the Candle That VVhitebread issued out several Commissions and particularly one for
a Paper to the Court containing Observations upon the Indictment which she desired might be read but it was refused and she bid to give it her Husband Green produced for his Defence the Testimony of James Warrier his Landlord and his Wife and Maid which being found to relate to October 19. was deemed nothing to the purpose Berry produced Corporal William Collet who affirmed that he on that Wednesday Night placed his Sentinels at Somerset-House Nicholas Trollop from seven to ten who confessed that in his time a Sedan was brought in Nicholas Right stood from ten to one who said no Sedan came out in his time and Gabriel Hasket who affirmed the same for his time And Eliz. Minshaw Berry's Maid affirmed that her Master was in Bed that Night by twelve a Clock The Sentinels Evidence was only though material but in regard they could not be so positive but that they might be mistaken by reason of the darkness of the Night and Privacy of the Conveyance their Evidence was not thought substantial Mr. Attorney General then spoke to the Concurrency of Prance's and Bedloe's Evidences and Mr. Solicitor General to the Consistancy thereof After which the Ld. Ch. Justice sum'd up the Evidence and directed the Jury in a very tart Speech against the Cruelty of the Romish Principles Then the Jury withdrawing for a short space brought the Prisoners all in guilty Upon which the Ld. Ch. Justice told them that they had found the same Verdict that he would have found if he had been one with them and if it were the last word he were to speak in this World he should have pronounced them guilty At which Words the whole Assembly gave a great shout of Applause The next day the Prisoners being brought again to the Bar Mr. Justice Wyld who as second Judg in that Court pronounceth the Sentence in all Criminal Matters except High-Treason spoke an excellent Speech to them wherein he shewed them the Greatness of their Crime and gave them good Advice and then sentenc'd them to be Drawn Hang'd and Quarter'd which was accordingly executed upon them at Tyburn on Fryday the 21st of Feb. they all denying the Fact to the last ADVERTISEMENT THE Tryals of Thompson Pain and Farrel tho not immediately succeeding the Preceeding yet relating to the same matter and giving not little light thereto is judg'd not inconvenient to be placed next The Tryal of Nathaniel Thompson William Pain and John Farrel at Guild-Hall before Sir Francis Pemberton Lord Chief Justice of his Majesty's Court of Kings-Bench on Tuesday June the 20th 1682. The Jurors Names were Peter Houblon John Ellis William Barret Joshua Brooks Gervas Byfield Jonathan Lee George VViddowes William Sambrooke William Jacomb John Delmee Samuel Bayly Samuel Howard TO whom an Information exhibited by the Kings Attorney General against the said Thompson Pain and Farrel was read for writing and printing several scandalous Libels about the Death of Sir Edm. Godfrey reflecting on the Justice of the Nation in the Proceedings against his Murtherers Which Information Mr. Thompson opened and Serjeant Maynard aggravated the Crimes therein contained Mr. Clare then was sworn and produced a Copy of the Record of the Conviction and Attainder of Sir Edm. Godfrey As also a Copy of the Inquisition take by the Coroner of Middlesex upon the view of the Body of the said Sir Edm. Godfrey whereby it was found by them that he was murthered strangled with a Cord by Persons unknown Both which Mr. Clare having sworn to be true Copies were read Then the Execution of Green Berry and Hill was attested by the Oath of Capt. Richardson and Mr. Prance and Curtis swore that they and Bedloe were Witnesses at their Tryals Then Sir John Nicholas Sir Philip Lloyd and William Bridgman Esq swore that the two Letters in the Information which were shewed them were the same that were shewed to Thompson Pain and Farrel at the Council and that Thompson owned the printing of both and Farrel owned the bringing of the first and Pain owned the bringing of the other to Thompson both which Letters was then read in the Court. The first which Farrel owned he writ was intitled A Letter to Mr. Miles Prance in relation to the Murder of Sir Edm. Godfrey The Design whereof was to contradict the Evidence given at the Trial of his Murderers and to fix the Guilt upon himself affirming that the Coroner's Inquest were first of Opinion he was Felo de se and there was much Art us'd to procure their Verdict to the contrary That the Body was refused to be opened and the Coroner of Westminster's Assistance rejected and he dismist with a Guiny That he was not dogg'd as was sworn but was seen in several places and about three in the Afternoon about Primrose-hill walking in the Fields That he was found in a place inaccessible by a Horse and in such a posture as inferr'd he could never be thrust into a Sedan That his Body was full of Blood and when the Sword was pulled out Blood and Water very much issued out of that Wound and that part of the Sword which was in the Body was discoloured and the Point which was through was rusty his Clothes Belt and Scabbord were weather-beaten to Rags his Body stunk and his Eyes Nostrils and Mouth were Fly-blown his Eyes shut his Face pale no Dirt on his Shoes nor Horse-hair on his Clothes and that Bedloe's and Prance's Evidence before the Committee of Lords very much differ'd And that all this would be proved by divers credible and undeniable Eye and Ear-Witnesses Dated from Cambridg Feb. 23. 1681. Subscribed Truman London printed for M. G. at the Sign of Sir E. B. G's Head near Fleet-bridg The other Letter writ by Pain was intituled A second Letter to Mr. Miles Prance in Reply to the Ghost of Sir E. Godfrey Which was a Vindication of the First in Reply to the Answer given thereto by a Paper Intituled The Ghost of Sir E. Godfrey Disclaiming the concurrence of any Papists in publishing that Paper asserting for Truth all that had been said therein which was ready to be proved by many Witnesses who were not willing to expose themselves to the fury of that Torrent which then carried all before it in favour of the Plot by appearing at the Trial running over all the Paragraphs of the other Letter asserting what had there been said for Truth endeavouring to wipe off the Objections given in a scurrilous manner imputing Melancholy to be predominant in Sir Edm. Godfrey's Family and that such Accidents were no News thereto c. Dated from Cambridg March 13. 1681. subscribed Truman London Printed for Nath. Thompson 1682. Then was read a Paragraph out of N. Thompson's Loyal Protestant Intelligence Numb 125. Tuesday March 7. 1681. which was a kind of Advertisement of this second Letter's coming out and an Assertion that all things in the first were true and were ready by undeniable Evidence to be made out Then a
Dr. Tillotson and Dr. Lloyd and that he heard him say he had by him several Witnesses that would swear whatever he bid them and that he laid in Provisions of Fire Coals and Billets behind the Palsegrave-Head Tavern and hard by Charing-Cross to burn the City of VVestminster which he produced one Mr. Palmer to swear and that he lent him Mony as also he had Mr. Speke which was yet unpaid which proved to be 6 s. 8 d. for an Order which was for Mr. Speke's Brother aspersing them with being Eves-droppers multiplying words to little purpose His Defence therefore being Artificial as the Lord Chief Justice told him because nothing to the purpose Nay Mr. Justice VVild told him he disgrac'd his Profession by making so weak a Defence And Bedloe own'd some of the Crimes he bespattered him with as part of the Guilt for which the King had given him his Pardon and farther Depos'd That Mr. Reading was to have 100 l. a Year out of every 1000 l. a Year of Bedloe's Reward The Ld. Ch. Justice summ'd up the Evidence to which the Ld. Ch. Baron added some little and then the Jury after a short recess brought the Prisoner in Guilty And then the Court Adjourn'd for half an hour when being met again and the Prisoner at the Bar The Ld. Ch. Justice Sentenc'd him to be Fined 1000 l. to be imprisoned for the space of a whole Year and to be set in the Pillory for the space of one hour in the Palace-Yard in VVestminster On the Monday following he was Pillored accordingly the Sheriff having a particular Charge of his Person that nothing but Shame and Infamy might befal him to which he had been condemned and did deserve as well as any Man that ever was convicted The Trials of Thomas White alias Whitebread Provincial of the Jesuits in England William Harcourt pretended Rector of London John Fenwick Procurator for the Jesuits in England John Gavan alias Gawen and Anthony Turner all Jesuits and Priests At the Sessions-house in the Old-Baily on Friday June 13 1679. THen and there the Court being met and all the Judges of England present Proclamation was made of Silence and Attention whilst the King's Commission of Oyer and Terminer and of Goal-Delivery were openly read then the Prisoners being set to the Bar James Corker a Priest and Jesuit brought thither to be tried with them presented to the Court a Petition setting forth that he was absolutely surprized and unprepared for his Trial and therefore besought the Court that he might not be tried till the next Sessions To which the Court seemed inclinable enough nor did the Attorney General gain-say it upon condition that he could really make it out that he wanted Witnesses without which he could not make his Defence However it was thought fitting that he should hear the Charge that was against him read to the end he might be able to give the Court an account what Witnesses he had that might avail him in reference to his Defence against it which being done the Indictment being in general for High-Treason in conspiring the Death of the King the Subversion of the Government and Protestant Religion the former Question was put to him again and then he named one Alice Gatton now at Tunbridg as a Witness to prove that he was not in Town upon the 24th of April so that being respited till the next day the Court said nothing farther to him that Sitting Immediately after the Indictment was read VVhitebread represented to the Court that in regard he had been tried upon the 17th of December before upon the same Indictment at what time the Jury being impanell'd and the Evidence found insufficient which came in against him the Jury was discharged without a Verdict he was informed that no Man could be tried and consequently put in Jeopardy of his Life twice for the same Cause For which reason he pray'd for Counsel to direct him upon that Point in matter of Law He urged that his Life was in danger as being deliver'd over in Charge to the Jury and to make it out he alledg'd the Case of Sayer in the 31 Eliz. who having pleaded to a former Indictment for a Burglary was indicted a second time upon which it was the Opinion of the Judges that he could not be indicted twice for the same Fact He likewise desir'd a sight of the Record and that he might be informed whether or no when a Person comes upon his Trial he ought not either to be condemned or acquitted Upon the whole matter and his Motion together the Court declar'd to him that the Jury being discharg'd of him his Life was in no danger For that the Jury being sworn to make a true deliverance or the Prisoners in their Charge their Charge could not be full till the last Charge of the Court after Evidence Moreover he was told that such a Plea as he produc'd could not be supported without a Record and it was certain there was none here because there was no Verdict and besides this was not the same Indictment in regard it contain'd new matter Then Fenwick offered the same Plea his Case being the same appearing before with Whitebread upon his Trial but the Court returning the same Answer to him as to the former they both submitted and so all of them pleaded severally Not Guilty to the Indictment Then the Jury being to be impanell'd they unanimously excepted without naming them aganist all those Persons that had serv'd before as Jury-Men in the same Cause which the Court allowed them as but reason And the Jury therefore that were sworn were these twelve Thomas Harriott William Gulston Allen Garraway Richard Cheney John Roberts Thomas Cash Rainsford Waterhouse Matthew Bateman John Kain Richard White Richard Bull Thomas Cox To whom the Indictment being read Mr. Belwood of Counsel for the King in this Cause open'd the Indictment and Sir Creswel Levinz proved the Charge and then Dr. Oates was first called and being sworn he deposed That Whitebread was made Provincial the last December was twelve Month and by virtue of his Authority order'd one Conyers to preach in the English Seminary upon St. Thomas of Becket's-day that the Oaths of Allegiance and Supremacy were Heretical Antichristian and Devilish which accordingly was done That in January or February he wrote Letters to St. Omers concerning the State of Ireland of which he had an account from Arch-bishop Talbot who wrote him word that there were several thousands of Irish ready to rise when the Blow by which was meant the King's Murther should be given in England and he hoped it would not be long ere it was given That he sent over two Jesuits into Ireland in January to see how Affairs stood there of whose return he writ an account to St. Omers in April and of the Consult to be that Month at which he was and signed a Resolve at Wild-house that Pickering and Grove should go on in their design to dispatch
then an Army to have appear'd to have cut off those that might escape the Massacre that these Consultations were in Staffordshire one at Tixal another at Boscobel at my Lord Aston's and Mr. Gerrard's Also that Mr. Ewers received a Letter on Munday dated on Saturday from Mr. Harcourt which did express and begin thus This very night Sir Edmondbury Godfrey is dispatched with some other words of like Import Then Mr. Prance deposed that he was told by the Lord Butler that one Mr. Messenger a Gentleman of the Horse to the Lord Arundel of VVarder was by him imployed and the Lord Powis to kill the King for a good Reward That Mr. Harcourt in his hearing said that the King was to be killed by several And that Fenwick said Mr. Langhorn was to have a great hand in it That then an Army of 50000 Men was to be raised and governed by the Lords Arundel and Powis to rain the Protestants and settle the Catholick Religion whereof he hath heard Fenwick Ireland and Grove speak at the same time together Then for the Proof of the particular matters of the Indictment Dr. Oates was sworn who deposed That in April 1677 he went into Spain and in September following Mr. Langhorn's Sons came thither the one a Scholar of the English Colledg at Madrid the other of the English Colledg at Valladolid to study Philosophy in order to their receiving of the Priesthood That in November following he returned into England and brought Mr. Langhorn Letters from his Sons which he delivered soon after his Arrival to him telling him at the same time that he believ'd his Sons would both enter into the Society whereat Mr. Langhorn seem'd mightily pleased saying that by so doing they might quickly come to Preferment in England for that things would not last long in the posture they were in That in the latter end of November he returning to St. Omers Mr. Langhorn deliver'd to him a Pacquet to carry thither wherein when it was opened he saw a Letter from him to the Fathers giving them thanks for their care and kindness towards his Sons promising them to repay them their charges of his Son's Journey into Spain which was 20 l. telling them that he had writ to Father Le Chese in order to their Concerns saying that Mr. Coleman had been very large with him and therefore it would not be necessary for him to trouble his Reverence with any large Epistles at that time which Letter he saw not only this account of it That there was in March or April after another Letter from Mr. Langhorn to the Fathers at St. Omers about an extravagant Son of his wherein he also express'd his great care for the carrying on of the Design of the Catholicks and that the Parliament began now to flag in promoting the Protestant Religion and that now they had a fair Opportunity to begin and give the Blow That in April or May when the Consult was to which several of them came over from St. Omers and at which tho Mr. Langhorn was not present yet that he had Orders from the Provincial to give him an account of what Resolutions and Passages and Minutes pass'd and this he did as well as he could telling him who went Procurator to Rome which was one Father Cary that several of the Fathers were to be admonished for their irregular living as they termed it and that it was resolv'd that the King should be kill'd that Pickering and Grove should go on to do it for which Grove was to have 1500 l. and Pickering 30000 Masses upon the hearing of which Mr. Langhorn lift up his Hands and Eyes and prayed God that it might have good Success That then he saw in Mr. Langhorn's Chamber seven or eight Commissions whereof there were about fifty by Virtue of a Breve from the Pope directed to the General of the Society and signed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Johannes Paulus de Oliva those he saw were for the Lord Arundel to be Lord Chancellor of England the Lord Powis to be Lord High Treasurer the Lord Bellasis to be General the Lord Peter to be Lieutenant General the Lord Stafford to be Pay-Master or some such office in the Army Mr. Coleman to be Secretary of State and Mr. Langhorn to be Advocate of the Army That he saw the Answers of Le Cheese and Anderton who was Rector of the Colledg at Rome to Mr. Langhorn's Letters to them and carried the Originals of them to the Fathers who requested them from Mr. Langhorn wherein Le Chese did assure him of his Stedfastness and Constancy to assist the English Society for the carrying on the Cause And that they should not need doubt but the French King would stand by them That Mr. Langhorn was employed as Solicitor for the Jesuits and went with Harcourt Fenwick Keines and Langworth and communicated the Secret to the Benedictine Monks desiring them to stand by them with a Sum of Money for the carrying on the Design upon which as he heard that 6000 l. was promised and that Mr. Langhorn was to receive it which though he could not prove that he had yet that he was sure he was much disgusted that Sir George Wakeman was not contented with 10000 l. to poison the King saying he was a covetous Man that it was in a Publick Concern and that being it was to carry on the Cause it was no matter if he did it for nothing but he was a narrow-spirited and a narrow-soul'd Physician That Mr. Langhorn also did know of 800000 Crowns come to France for England from the Congregation at Rome Then Mr. Bedloe being sworn there was as a Confirmation of what Dr. Oates had deposed concerning the Commissions an Instrument produced found by Mr. Bedloe in searching Mr. Arthur's Study a Papist a good while after Dr. Oates had given his Testimony publickly signed and seal'd just as the Commissions were He then deposed that about three Years since he was sent by Mr. Harcourt and Mr. Coleman with Letters to Le Chese that the Letters were writ at Coleman's House and brought open by Mr. Coleman to Mr. Langhorn's Chamber in the Temple where the Prisoner read and registred them and then Coleman sealing them up gave them to him to carry away The effect of which was to let Le Chese know that they waited only now for his Answer how far he had proceeded with the French King for sending of Mony for they only wanted Mony all other things were in readiness That the Catholicks of England were in safety had made all Places and all Offices to be disposed of to Catholicks or such as they thought would be so that all Garisons were either in their own Hands or ready to be put into them that they had so fair an Opportunity having a King so easy to believe what was dictated to him by their Party that if they slipp'd this Opportunity they must despair of ever introducing Popery into England for having a
to kill the King and to that purpose there were several Letters sent weekly into Staffordshire and very often directed to him in a Cover wherein were seven or eight several Letters as from Ireland Harcourt and Grove to some Priests in Staffordshire viz. Ewers and Lewson and Vavasor and many times they writ of the Plots going on to kill the King advising to Secrecy and mentioning who should be their Officers for an Army to be raised afterward That he was engaged to be one of the Assassinates first about two Years ago but more precisely in June or July last was 12 Month and he should have come up for that end to London in October there to have received Directions from Ireland but the Plot breaking forth he was prevented and that the Lord Stafford promised him that he should have 500 l. as part of his Reward and when the Work was done he should be better gratified Then Mr. Prance deposed That about three Weeks before Michaelmass he heard Fenwick Grove and Ireland discoursing in Ireland's Chamber of 50000 Men that were to be raised for the setling of Popery and he asking what poor Tradesmen should do Fenwick said That he need not fear for he should have Church-VVork enough to make Crucifixes Basons and Candlesticks being a working Gold-smith and that this Army was to be govern'd by the Lords Powis Stafford Arundel Bellasis and Petre. That he heard that one Messenger was to kill the King but meeting him the said Messenger told him They were off that now but pray'd him however to keep Counsel Then Mr. Jennison depos'd That he was in Ireland's Chamber in Russel-street when there arose a discourse concerning the hopes of bringing in Popery and Ireland said There was only one in the way that stop'd the Gap and hindred the Catholick Religion from flourishing in England again and said It was an easy matter to poison the King and that this was in June 1678. And on the 19th day of August he saw Ireland again at his own Chamber which contradicted what had before been deposed in Irelands's Trial that he never was in London after the 3d of August till September And this he proved by many remarkable Circumstances and strengthen'd his own Evidence by that of Mr. Bowes and Mr. Burnet who proved that Mr. Jennison was then in London Then Dr. Oates was called whose Evidence was to effect directly the Prisoner's and he being sworn deposed against Sir George VVakeman That he saw a Letter of Sir G. VVakeman's to Ashby wherein was some Prescriptions he was to observe at the Bath and afterwards an Information that the Queen would assist him to poison the King That a short time after he saw Sir George at Ashby's sit in a writing posture and saw him lay by his Pen rise up and go away and the same hand he left behind him in a Paper where the Ink was not dry was the same Hand that writ the Letter to Ashby That in that time of Converse while Sir George was writing Ashby gave him some Instructions concerning the Commission he had received of being Physician to the Army That some few days after this by Command from the Queen Harcourt Keines Langworth Fenwick and another did attend the Queen in her Chamber at Somerset-House and that he waiting in an Anti-Chamber heard a Woman's Voice which afterwards he knew to be the Queen's there being no other Woman there and he seeing her while she spoke which did say That she would assist them in the Propagation of Popery with her Estate and that she would not endure these Violations of her Bed any longer and that she would assist Sir G. VVakeman in poisoning the King That he was present when Ashby by Order from the Provincial offer'd Sir George the 10000 l. in the presence of Harcourt and Ireland to poison the King That he refused it not in abhorrency of the Crime but because as he said it was too little for so great a Work That afterwards 5000 l. more was offer'd him as he was credibly inform'd by the Order of the Provincial VVhitebread But that he certainly saw the Prisoner's Hand to a Receipt in the Entry-Book at VVild-House for 5000 l. in part of the said 15000 l. Mr. Bedloe deposed That he was in Harcourt's Chamber last August where he saw Harcourt deliver to Sir George a Bill of 2000 l. which he said came from the Queen which was charged as he supposed on some Goldsmith near Temple-Bar That as soon as Sir George had read it he said 't was well if it would be accepted that he found more Incouragement from his good Lady and Mistress than from any of them all That the Bill was accepted and the Mony paid by the Confession of Sir George to the Witness That the said 2000 l. was soon after made up 5000 l. and as Harcourt told this Deponent all upon the same account and in part of the 15000 l. Sir George pleaded to all this That he had been left at Liberty 24 days after he had been before the Council and that upon Dr. Oates's being sent for to the House of Lords to repeat his Evidence he confess'd there that he did not know Sir G. VVakeman's Hand and only knew the Letter in question to be his Letter by being subscribed G. VVakeman concluding from thence that he would have told more at that Examination had he known more To which the Doctor replied That he had been so over-toiled with watching and searching after Persons detected that he was not able to make good his Charge Which was also confirm'd by the Testimony of Sir Thomas Doleman But Sir Philip Floyd one of the Clerks of the Council was more express in behalf of the Prisoner who acknowledged indeed that Dr. Oates did make mention of Sir George's undertaking to poison the King as he had understood by a Letter from VVhitebread to Harcourt and that he was inform'd by the same Letter that Coleman had paid him 5000 l. of the 15000 l. agreed upon But that being demanded of his own personal knowledg what he could tax Sir George withal he solemnly denied that he had any thing more against him To which the Doctor gave the same answer of his extream Weakness and Indisposition as before Sir George also offered to prove That there was nothing about poisoning the King in that his Letter to Ashby Mr. Chapman and Hunt his Man the first shewing a piece of the Letter and the other affirming that he writ it from his Master's Mouth being then indispos'd but the Court judging this to be some other and not that Dr. Oates swore this was rejected as no Evidence Finally Sir George recommended this one Observation-more to the Court That in Oates's Narrative there was not one Letter which came from beyond-Sea to which he did not swear positively as to the Date and as to the Receipt and yet that in the Case of Life he would not be confin'd to a Month. Concluding
but e're long he should find a way to get 1000 l. Then offering to speak to Osborn as to the Thing it self he was not suffer'd as being no Evidence against the Defendants till somewhat had been proved upon them Therefore the King's Counsel proposed to prove that Lane and Osborn who tho laid in the Indictment to join was run away did accuse Dr. Oates and afterwards recant it and that Knox had an hand in all this And to this end Sir William Waller was called and deposed That Justice Warcup and he were order'd by a Committee of Lords before whom a Complaint of Dr. Oates had been brought of the horrid abuse of his two Servants Osborn and Lane to take their Examinations which he did and that Lane's Evidence upon Oath was That he had been induced by Mr. Knox to betray his Master and to swear several Things against him which Knox had drawn up and dictated to him which Osborn writ and he signed them That there were four Letters three or four Memorials and three or four Informations which they had carried Knox accompanying them to have sworn them before Mr. Cheney who not caring to meddle with them they applied themselves to Mr. Dewy who refused them likewise After this Knox took Lodgings for them removing them to several places lest Dr. Oates should hunt them out bidding them stand firm to what they were to do and they should not want for Reward that would maintain them with Footmen and to live well That Knox did at the One-Tun Tavern drop a Guiny upon the Table which he said he would not give because then they might swear that he never gave them any Mony And told them that the Lord Treasurer would never have surrendred himself to the Black Rod unless they had promised to stand fast to what he had dictated to them One part of which Information was that Mr. Bedloe should say to Dr. Oates that the Earl of Danby offered him a considerable Sum of Mony to go beyond-Sea and that Dr. Oates had a Design of abusing Lane's Body That Lane further confess'd that Dr. Oates would be something hasty and passionate but was very Religious and was constant in sending his Servants to Prayers and that he had accused him of a Falshood by the instigation of Knox who incouraged him to it by the Promises of a great Reward That also to prevent a Discovery it was agreed among them that if any one should betray it the other two should murder him That he did likewise declare that the Lords in the Tower would not be wanting to acknowledg the kindness in disparaging the King's Evidence And that at all the Places and several Lodgings and Entertainments they had been at were all at Knox's Charge except twice which might amount to about 18 d. and that he paid And upon the Examinations of Lane and Osborn he found they agreed together to a tittle That he took also the Examination of Knox who said that the Papers he received from Lane and Osborn who said they had writ them out of trouble of Conscience and desired him to go with them before some Justice to swear them denying that he paid for their Lodgings only that he did indeed drop a Guiny and another time 10 s. upon the Bed which they took up but he only lent it them Confessing that the Papers so drawn up and delivered into his Hands were by him delivered into the Hands of the Lord Latimer and were there for some time this Knox belonging to the Lord Dunblane That Knox confess'd also that he sent a Note to Osborn that day he was examin'd which was conveyed to him through the Door to this effect We always Club'd and you paid two Shillings at the Sugar-Loaf Tear this Which was to intimate that they should say he did not bear their Charges Then Justice Warcup being sworn deposed That he also had took Lane's Examination wherein he had confessed as before That also he was by when he was brought before the Lords of the Committee for Examinations and did hear him there first swear the things in these Notes contained and then come afterward and beg their pardon and God's for what he had sworn was false and this too was upon Oath That he heard Knox confess about the Note to Osborn and he took Lodgings for Lane and Osborn in VVhite-Friers by the direction of the Lord Dunblane's Coachman Then one Rix deposed That he help'd Osborn into Dr. Oates's Service and a while after he and Lane came to him and said they were both going off from the Doctor to preferment and should have 100 l. a Year and 500 l. apiece but would not tell how Another time Osborn came to him to borrow a Cravat for he was going to dine with one of the greatest Peers of the Realm at the other end of the Town this Discourse being at VVhite-hall and asking why he would leave Dr. Oates he said Let Dr. Oates look to himself for he had enough against him Then perceiving some Design he gave in his Testimony to Justice VVarcup and upon further inquiry into it the Lords ordered him to send out his Warrants for the taking of Knox Lane and Osborn which he assigned over to him and in a short time after they were taken Osborn then confess'd to Justice VVarcup and Lane to Sir VVilliam VValler Afterwards Rix drinking with Lane in the Prison would have paid but he would not let him for that he had 23 s. which he said Knox had sent him in Another day he came to him and Lane shew'd him a Note which he had put under the Door from a Gentlewoman That if he would stand firm to his Text he should have 500 l. nay he should not want 1000 l. But in case they would not the Lord Treasurer would never have come in and if they did not he would lose his Head And this Lane's Father and Mother told him afterwards and that one Hest did come and tell them so That also Lane told him his Heart was lighter now he had confess'd this and that Knox set him on drew up the Writings and promis'd him those Rewards Then Richard Slightam a Prisoner and Under-Goaler deposed That Knox gave him three half Crowns at one time and promis'd him a considerable Sum to carry Notes between him and Lane and Osborne but he carried none And when Osborne had confess'd he said it would signify nothing because two were better than one Then Mr. Dewy depos'd That at the end of April or beginning of May Knox came to him with two more with him and said the Ld. Latimer wish'd him so to do with Papers ready written which as said were the Informations of one Osborne and Lane who had over-heard Dr. Oates and Mr. Bedloe conspiring against the Lord of Danby but the Parliament then sitting he shifted them off and did not inspect them Then Mr. Henry Wiggens Mr. Bedloe's Clerk deposed That Knox came to him the latter
end of February last and desired him to get him a Copy of his Master's Papers and take a Journal of his Actions and the Names of the Persons that came to him and that the Lord Treasurer would incourage him for his pains saying That Oates and Bedloe were two great Rogues and that the King knew them to be so and believed not a VVord they said and as soon as he had heard all they could say they should be hang'd Then Mrs. VViggens deposed the same as being present all the time that Knox was with her Son who refused that her Son should consent or go then with him as Knox motion'd to the Lady Danby for assurance of Encouragement and any Place in her Lord's disposal Then Mr. Palmer a Yeoman o th' Guard and one that attended Mr. Bedloe and got VViggens into his Service deposed That Mr. Wiggens made a discovery to him of what Knox had said to him for to acquaint his Master with which he did Then Mr. Thomas Dangerfield deposed That he in June was imployed by the Lady Powis to look after the Prisoners Lane and Knox in the Gate-House and did furnish Lane with Mony and got him bail'd out after which he was entertain'd at Powis-House and then removed and had 10 s. a week allowed him and was clothed That Knox afterward got his Liberty by the means of one Mr. Nevil who was furnished with Mony from the Lords in the Tower for that end From this Knox he received several Papers which were Informations against Oates which he sent to the Tower and thence they were sent to Mr. Nevil to enlarge upon and after to the Ld. Castlemain and then to him again by Mrs. Celier with an Order to draw up an Affidavit according to those Directions and get Lane sworn to the same which he did before Sir James Butler it being about Buggery and then he deliver'd the Papers so enlarged to Knox again Who some time after inform'd the Witness that he had got Osborne sworn also to the same Informations and shew'd him the Affidavit whereof he gave an Account to the Lady Powis who understanding his Poverty order'd him Encouragement and accordingly he has 40 s. from the Witness which he believed came from the Tower as also that 10 s. a Week allowed for Lane An Indictment was hereupon to have been drawn up against Oates by the Advice of Mr. Nevil and this Witness against this Term. Then the King's Counsel moved for the reading of these Information The Justices swore them and then the Information of Knox was read which was a relation how Osborne and Lane brought him the Information against Oates desiring him to assist them in getting them sworn to them A Second Paper was offered to be read but there appearing Scandalous Matter to be in it reflecting on the King the Court thought not fit to suffer any more to be read And so the Counsel for the Defendants were called upon to speak Accordingly Mr. VVithens Mr. Saunders and Mr. Scroggs endeavoured to defend their Client Knox by throwing the Guilt upon Lane and Osborne as if they had induced him in and he only acted for them out of Simplicity and great Innocency And to this end they produced Lane's Mother and Sister to shew that Lane and Osborne applied themselves to Knox first Mr. Holt. and Mr. VVilliams were of Counsel for the Defendant Lane who endeavour'd in requital to throw the Guilt upon Knox as being tâ—â— Inducer making it a Battel Royal where every one has two Enemies to oppose But the Case being clear the Court thought it needless to sum up the Evidences or the Jury to go away from the Bar so laying their Heads together they presently declared them Guilty At which the People gave a great Shout and the Prisoners were taken into the Marshal's Custody The Trials of Lionel Anderson alias Munson William Russel alias Napper Charles Parris alias Parry Henry Starkey James Corker William Marshal and Alexander Lumsden a Scotchman at the Sessions-house in the Old-Baily on Saturday Jan. 17 1679. THese Prisoners then and there appearing their Indictment was for High-treason as Romish Priests upon the Statute of 27 Eliz. cap. 2. David Joseph Kemish who was arraigned with them for the same Offence after he had pleaded was set aside by reason of Sickness Corker and Marshal both pleaded that they had been already tried and acquitted for this Offence but the Court convinc'd them to the contrary it being another Fact The Jury then sworn were John Bradshaw Lawrence VVood Matthew Bateman John Vyner Francis Mayo Martin James Anthony Hall Samuel Jewel Richard Bealing Thomas Hall Richard Bromfield Samuel Lynne To whom the Clerk of the Crown read the Charge against Lionel Anderson all the rest being set away and Roger Belwood Esq opened the Indictment Sir John Keiling pursued the Charge and Serjeant Strode all of Counsel for the King in this Cause managed the Evidence And then Mr. Dangerfield swore against him That when he was a Prisoner in the King's-Bench for Debt this Anderson shew'd him a Letter from the Lady Powis which was to desire the Witness to scour his Kettle which was to confess and receive the Sacrament to be true to the Cause The next day accordingly he went into Anderson's Chamber to Confession and received Absolution and the Sacrament from another to whom Anderson sent him that was saying Mass at that time After which returning to Anderson again he told him that he as a Priest did give him free Toleration to go and be drunk with one Stroude being for the good of the Cause he being to bring over this Stroude to be a Witness for the Lords in the Tower to invalidate Mr. Bedloe's Testimony Dr. Oates deposed that he was a Priest a Dominican Friar that he had heard him say Mass seen him consecrate the Sacrament been at Confession with him and seen his Letters of Orders as a Priest which he confess'd to him he had from Rome and that he was an English-Man and the Son of an English Gentleman Mr. Bedloe deposed That he was a Priest and an Englishman and Mr. Anderson's Son of Oxfordshire and he was told that he had heard him say Mass and seen him administer the Sacrament at some the Embassadors House Mr. Prance deposed That he had heard him say Mass several times at VVild-house and had seen him there take Confessions and give the Sacrament having known him seven Years To this Prisoner pleaded that it had not been proved that he was an English-man tho his Speech betrayed him and confess'd his Father was a Lincolnshire-Man and that he had been countenanc'd by the King and his Council and known to most of the dignify'd Clergy-men and if the Parliament had not been dissolved he had been protected by them for his writing against the Temporal Power of Rome and that he was therefore excommunicated by the Church of Rome and had not said Mass in any Parish Church this ten Years
testified that he being to carry Mrs. Pressicks before Justice Lowther Bolron's Wife said she was sorry for it for she believed her to be an honest Woman and had been a good Neighbour amongst them Mary Walker Servant-maid to Mrs. Lassels Thwing's Sister testified that Bolron proffer'd her 10 l. to swear Thwing was a Priest Then William Bacchus said that when he served a Warrant on the two Mrs. Bolron's to go before Mr. Lowther they said they could say nothing against Six Tho. Gascoyne nor any of the Family Cuthbert Hamsworth said that fie heard Bolron swear Revenge against the Lady Tempest for prosecuting a Suit against him Then the Prisoner endeavoured to prove he was not at Barnborow-hall in 1677. by George Twisley Groom to Sir Tho. Gascoyne who could only say that he used to come there but a night or two in a Year Joseph Cooper said that about a Year ago he heard Mowbray say he knew nothing of the Plot and that he believed Sir Tho. Gascoyne was guilty of no such thing for if he had he should have known it as soon as Bolron and he was a Rogue and a Knave for saying any such thing Edward Cooper sen said he then heard Mowbray say he thought Sir Thomas Gascoyne was not guilty of the Plot. Isabel Heyward a Girle that lived with Bolron as a Servant testified that her Master and Mistrifs falling out she said she would not go to London and if he made her go she would swear that what he had sworn against Mrs. Pressicks was out of Malice Alice Dawson testified that the day after New-years-day was twelve-month Mrs. Bolron said she was sorry for nothing but that her Husband had meddled with Mrs. Tressicks One or two Witnesses more were called but nothing to the purpose Therefore Mr. Justice Dolben summ'd up the Evidence and Mr. Baron Atkins proceeded to do the same And the Jury withdrawing for a while brought in Thomas Thwing Guilty and Mary Pressicks not Guilty And on the Monday following Mr. Justice Dolben sentenced him to be Drawn Hang'd and Quarter'd The Trials of William Viscount Stafford in Westminster-hall from November the 30th to December the 7th 1680. before the House of Peers ON Tuesday Nov. the 30th the Right Honourable Henege Lord Finch Baton of Daventry Lord High Chancellor of England being constituted Lord High Steward for the present occasion and all things fitted for the purpose in VVestminster-hall and both Houses being seated and the Commons all bare VVilliam Viscount Stafford was brought to the Bar kneeling till the Lord High Steward bid him rise and a Chair set for him After which making a short Speech to him concerning the occasion of his appearing there the Articles of Impeachment High Treason against him and the other Lords in the Tower by the Commons of England were read which consisted of seven Heads The 1st That there hath for many Years a Plot been contrived c. 2ly Naming the Persons concerned therein and particularly the Noble Lord at the Bar. 3ly That consults had been held and the Murder of the King resolved on therein c. 4ly That consultations have been for the raising of Men Mony Arms c. 5ly That Commissions had been given and received and particularly a Commission for the Lord Stafford to be Pay-master of the Army 6ly That to hide and hinder a Discovery an Oath of Secresy and the Sacrament had been given and taken and Sir Edm. Godfrey murdered 7ly That the Guilt of that Murder was endeavoured to be put upon Protestants c. The Lord Stafford's Answer to which was then also read wherein he put himself upon his Peers for Trial affirming himself Not Guilty After this Serjeant Maynard Sir Francis VVinnington and Mr. Treby being of the Committee appointed for the Management of the Evidence opened the Charge and Evidence in very excellent Speeches And proposed to prove first the Plot in general and the Guilt of this Lord therein in particular And therefore as to the first Mr. Smith being sworn gave a full relation of his Travels and Perversion and of what he had heard beyond Sea and in England concerning this Plot. How Abbot Montague and Father Gascoyne in France and other Priests and Jesuits told him that if he would turn Catholick he should have Employment among them there and afterwards England for that they doubted not but the Popish Religion would come in very soon and that because as the Abbot said they doubted not to procure a Toleration of Religion and because the Gentry that went abroad did observe the Novelty of their own Religion and the Antiquity of theirs and the Advantages that were to be had by it But one Father Bennet and others said they doubted it not because their party was very strong in England and in a few Years they would bring it in right or wrong That it was Cardinal Crimaldi who perverted him about 1671 to the Romish Religion at Provence and that afterwards he lived several Years in the English Jesuits Colledg at Rome where he hath often heard it disputed and preached and exhorted that the King of England was an Heretick and that there was no King really reigning and whoever took him out of the way would do a meritorious Action particularly by Father Anderton Mumford Campion but chiefly Southwel one of the chief of the Jesuits That when he came away thence for England these Fathers for a whole Month were exhorting that the King of England was not to be obeyed and that in all private Confessions all Persons who might be thought capable of any design were to be instructed that they should use all their Endeavours for promoting Popery That while he was at Rome he read Coleman's Letters of Intelligence once a Month and therein how the Duke and the Queen and the chief of the Nobility were of their side how they carried matters several times the ways the Lord Clifford and Sir VVilliam Godolphin did use to effect the work and that they question'd not to get the Lord Danby on their side too That when he return'd into England he found all the Popish Clergy in great hopes of Popery coining shortly in That he knew of Money gathered in the North but refused to joyn therein That as to the Lord Stafford he knew nothing but that Sir Henry Calverley was turned out of Commission of the Peace through Complaint made to my Lord Stafford of his being active against Popery And that he writ to one Smith that he would not make over his Estate as others did for that he expected some sudden Change or Alteration That the Cardinal who perverted him at the same time spoke of great Assurances that Popery would prevail in England that there was but one in the way and tho that Man was a good natured Man yet they could not so far prevail upon him but that to accomplish their designs they must take him out of the way That now he had been a Protestant two
Years and was always bred so till he travelled towards Rome After him Mr. Dugdale was sworn and deposed That he had been acquainted with a Design of introducing Popery about 15 or 16 Years and that he had seen several Letters from beyond-Sea of Mony Men and Arms being ready to Assist That Collections of Mony were made in the Country and 500 l. paid to him so collected which he paid to Mr. Evers to return to London to discharge an Account count of Arms and Things received from beyond-Sea and for carrying on this Design That he himself had given them an Estate of 400 l. Value and because he knew Mony would be wanting had promis'd an 100 l. more as soon as the Lord Aston and he had accounted for this Design and the praying for his Soul That the King of France had promised his Assistance and the Pope allowed some part of his Revenue for the same purpose That of late he had been at several Consultations wherein the Death of the King was discoursed which was intended to be about November December or January 1678. and saw Letters from Paris which advised that it should be thrown upon the Presbyterians who had killed the old King and were likeliest to be thought to have done this and so they might easily get the Protestants of the Church of England to join with the Papists against them to the weakning of Protestantism and accomplishment of their Design That it was agreed that the Lord Aston Sir James Symons and others should go in October 1678. to dispose of Arms to the value he heard of 30000. l. That after the King had been killed an Army was to have appeared to have cut off all that should escape the Massacre which also was designed That he bad been put upon to make Foot-Races to draw People together that they might the better have Discourses together without suspicion That he saw a Letter from the Lord Stafford to Mr. Ewers to shew that things went on well beyond-Sea and hoped they did so here and that particularly the Lord Stafford was by at a Consult about September 1678. with Mr. Heveningham Sir James Symonds Mr. Vavasor Mr. Petre Mr. Howard and the Lord Aston about the Death of the King and that Mr. Heveningham Sit James Symons the Lord Aston Mr. Draycott Mr. Howard and Mr. Gerard did of his knowledge contribute Mony for carrying on the Plot. That he saw a Letter from Whitebread to give Mr. Ewers a Caution to trust only stout and trusty Fellows no matter whether they were Gentlemen or no for killing of the King and another Letter from Harcourt to Ewers dated Octob. 12. and received the 14th 1678 wherein it was said This night Sir Edmondbury Godfrey is dispatched the reason whereof was Ewer's said because he had shewn himself too eager upon Oates's Examination before him and that therefore the Duke of York sending to Coleman to desire him not to reveal what be knew of the Plot Coleman mistrusting Sir Edmonbury sent word back that it would be never the nearer because he had been so foolish as to reveal all to Sir E. Godfrey who had promised to keep it all as a Secret but that now he feared he would witness against him Whereupon the Duke sent word back again That if he would but take care to conceal he should not come in against him And upon this he was quickly dispatched That be had oft been brought to the Oath of Secresy and the Sacrament and particularly when he withdrew on a Monday about the 18th or 19th of November 1678 from the Lord Aston's when he carried all his Papers and burnt them at a Neighbouring-house because he knew they would discover him and others concerned in the Plot But afterwards understanding such his Promises of Secrecy were better broke than kept he came in to make his Discovery Then Mr. Prance deposed That in 1678 he went to one Singleton a Priest at one Hall's a Cook in Ivy-Lane who told him That he did not fear but in a little time to be a Priest in a Parish-Church and that he would make no more to stab 40 Parliament-Men than to eat his Dinner which at that very time he was a doing Then Dr. Oates was sworn and told how in the Year 1676 he was admitted Domestick Chaplain to the Duke of Norfolk being then a Minister of the Church of England Where he became accquainted with some Popish Priests and was told from one Singleton That the Protestant Religion was upon it's last Legs and it would become him and all Men of his Coat to hasten betimes home to the Church of Rome Having a strong suspicion some Years before of the apparent growth of Popery to satisfy his Curiosity he pretended some Doubts and at last a Conviction by she Jesuits because he observed them most able to inform him and accordingly was reconciled on Ashwensday 1676 7. Soon after Strange the then Provincial told him his Ordination was invalid and he must become a Lay-man then he desiring to be of their Order the Fathers upon a Consultation at Wild-House admitted him and because his Years were not suitable to be a novice they proposed travelling to him to go beyond-Sea and do their Business This he accepted and accordingly went April 1677 into Spain to Validolid having their Letters of Recommendation where he found Letters come from England before him and dated in May wherein was expressed That the King was dispatched which caused great joy to the Fathers but afterwards Letters dated the latter end of May came to certify their Mistake and to desire the Fathers to stifle the News Some Letters he opened also by the way wherein was an Account of a Disturbance designed in Scotland and of the Hopes they had for carrying on the Catholick Cause in England That in June Letters came thither expressing That Beddingfield was made Confessor to the Duke of York whom they hoped would prevail much with him in order to this Design and that Letters from St. Omers dated the same Month gave account That Father Beddingfield had assured them of the Dukes willingness to comply with them That travelling through this Country he found that Mony had been there raised and sent to England and particularly that the Provincial of the Jesuits of Castile had advanced 10000 l. promised to be paid in June following That upon some Missioners arriving there in December one Mumford alias Armstrong preach'd That the Oaths of Allegiance and Sumpremacy were Antichristian Heretical and Devilish vilifying and abusing the King's Legitimacy saying That his Religion intitled him to nothing but sudden Death and Destruction In November he return'd for England and coming into Strange's Chamber there was Father Keins lying ill upon Strange's Bed and Keins was saying He was mighty sorry for honest William so they called Grove that was to kill the King for missing in his Enterprize They being more zealous for killing the King after he had refused Coleman the
Ireland and the other Conspirators were produced and the Convictions of Reading Lane Knox and others were delivered in And the Record of the Attainder of Coleman was read in Latin by the Clerk Which concluding the Evidences in general of the Plot the Court thought fit not to enter upon particular Evidences against the Prisoner till another day Whereupon the Lord High Steward adjoun'd the Lords into the House of Lords and the Commons returned to their House where Mr. Speaker reassuming the Chair the House adjourned to Eight of the Clock the next Morning The Second Day Wednesday Decemb. 1. 1680 about 10 of the Clock the Court being sat and the Prisonet appearing Mr. Dugdale being sworn again appeared to Evidence as to the Particulars against the Lord Stafford who accordingly deposed That he had been some Years acquainted with the Lord Staffordy while he was a Servant to the Lord Aston That in August or September 1678 there was a Consult at the Lord Aston's at Tixal at which the Lord Stafford was and with the rest did consent to a Resolve That it was the best way to take away the Life of the King as the speediest Means to introduce Popery That on a Sunday Morning the Lord Stafford coming to the Lord Aston's to hear Mass as he alight off his Horse he said to the Witness It was a sad thing they could not say their Prayers but in an hidden manner but e're long they should have the Romish Religion established That about Septemb. 20 or 21 the Lord Stafford sent for him to his Chamber and proffer'd him 500 l. to be concern'd in taking away the Life of the King wherein he said he was concern'd himself and that he should go in October to London with him and be under the Care of him and Mr. Ireland in London and in the Country of one Mr. Parson's that knew of the Design And that he should have a Reward in London and he understood that the Duke of York the Lord Arundel Lord Bellasis and others were to give it him and that he should have his Pardon from the Pope and be Sainted That also he saw a Letter from the Lord Stafford to Mr. Ewers expressing that things went all well beyond-Sea and so he hoped they did here for the carrying on of their Design Then Dr. Oates being also sworn again deposed That he had seen several Letters in Spain and at St. Omers singned Stafford wherein were assurances of his Zeal for the promoting of Popery in England That in June 1678 he saw the Lord Stafford at Fenwick's Lodging receive a Commission as he believes to be Pay-master General to the Army which promised to effect and going then into the Country he said he did not doubt but at his return Grove should do the Business And speaking of the King he said there He had deceived them a great while and they could bear no longer But the Lord Stafford denied that he either knew Fenwick or Oates After him Mr. Edward Turbervile deposed That he being under some displeasure with his Relations for not entring himself of the Society he betook himself to his Brother a Benedictine Monk in France where staying a while and refusing to be admitted into that Society also her resolved for England and to that end was recommended to the Acquaintance of the Lord Stafford then at Paris who after some time understanding his Condition and imagining him a fit Instrument he proposed to him a way whereby as he said he might not only retrieve his Reputation with his Relations but also make himself a very happy Man And after having obliged him to Secresy he told him in direct terms it was to take away the Life of the King of England who was an Heretick and consequently a Rebel against God Almighty But he desiring time to consider it avoided the seeing my Lord any more and so came to London and by Applications to the Duke of Monmouth he got into the French Service This was in Novemb. 1675. My Lord then charg'd him with running from his Colours and therefore unfit for such a Service and that he never saw him before And here the Evidence ceasing the Lord Stafford began his Defence complaining of his close Imprisonment for two Years and of his abhorrence of those two great Sins Treason and Murder owning and condemning the Gunpowder Plot and the King-killing Doctrine protesting his own Loyalty and Innocency Not doubting to prove these Witnesses perjured and therefore requesting the use of the Lord's Journal-Book and the Depositions of Dugdale Oates and Turbervile without which he could not make his Defence Hereupon arose some Debate in the Court after which the Lords withdrew and after an hour and an halfs space returned and then the Lord High Steward did tell the Lord Stafford that what-ever Evidence there is before the Court of Peers he was to have but for the others they could not help him thereto and in regard he had complained of his Faintness the Lords intended not to put him upon it to go on to make his Defence but would give him time till to Morrow For which the Lord Stafford thanked the Lords but insisted to request moreover the Depositions of Dugdale but he was told they were in the Journal-Book which he was allowed the use of Then the Prisoner desired he might not appear till ten of the Clock next day because he wanted Sleep writing late or that one days respite might be allowed him which the Lord High Steward seemed inclinable for but was opposed by the Managers for the Commons then Court adjourned into the Parliament-Chamber and the Commons went to their House to whom the Lords soon after sent a Message That they had ordered the Prisoner to the Bar at Ten of the Clock next Morning And then the Commons adjourned so Eight the next Morning The Third Day THursday Decemb. 2. 1680. at Ten the Court being sate the Prisoner was set to Bar and required to go on with his Defence For which end he called Turbervile and asked him when he last saw him who said in Novemb 1675. Whence he made his Plea that he was not within the time limited for prosecution but was informed of his Mastake lesser Crimes being limited to six Months but Treason to no time at all Then Dugdale being called again was by him charged That He had sworn at Sir George Wakeman's Trial that he the Lord Stafford was at a Consult at Tixal in August 1678 and proved it by the Testimony of the Lady Marchioness of Winchester and one Mrs. Howard who affirm'd they heard him though Dugdale denied it and then proved that he was all that Month at the Bath and at the Marquess of Worcester's House by Thomas Bonny Clerk of the Kitchen to the Lord Marquess of Worcester Thomas White his Coachman Richard Bevan his Groom and the Lord Marquess himself and that he came not to Tixal till Septemb. 12. and then had no Converse alone with Dugdale
Plot being then present how that on December 23 1678. he meeting Mr. Dugdale at Stafford upon business he perswaded him to discover and got him examin'd that day and afterwards more fully the next day After him one Mr. Thomas Mort who had been Page to the Lord Powis deposed that he saw Turbervile at Paris and knew he convers'd with the Lord Stafford whom he knew not and came with him to Diep to go over with him and my Lord for whom they waited a fortnight much to their Inconveniency and therefore he or some of the Company said Cursed is he that relies on a broken Staff alluding to the Lord Stafford's Name That Turbervile then told him if he went to Calice he might go over with my Lord but how he came to know that he knew not but he got another opportunity and so came over Then Mr. Powel a Gentleman of Greys-Inn deposed that he heard him mention his knowledg about the Plot about a Year ago but that he did not think fit then to reveal it for fear of his Brother's Anger and because some of the Witnesses had been discouraged and he was afraid he should be so too Then Mr. Arnold one of the Members of the House of Commons deposed that he knew Mr. Turbervile to be a very civil honest Gentleman and that the reason he discover'd no sooner was he told him because the Witnesses that were come in were in danger of their Lives and were discouraged and as long as the D. of York had so great a Power in the Council and the Lady Powis's Brother in those Parts he lived which his Lordship usually calls his Province he durst not for his Life Then Mr. Hobby being sworn gave a very good Character also of Mr. Turbervile whom he had known four Years Mr. Matthews a Divine being sworn gave him likewise a good Character and that he had often discoursed with him and found him inclinable to come off from the Roman Religion and that he had known him four Years Mr. William Seys being sworn said he never heard nor knew any ill by Mr. Turbervile whom he had known two Years Captain Scudamore deposed much the same as to Mr. Turbervile's Credit Then whereas the Lord Stafford had brought his Servants to prove he had not been lame of so long a time the Lords Stamford and Lovelace deposed that they had observed him lame within less than seven Years which his Lordship excused saying it was only his Wearines And here the Managers resolving to call no more Witnesses urged the Prisoner to sum up his Defence that the Process might be closed But he called Mr. Whitby again asking him if he had not once complained of Dugdale to the Lord Aston telling him he was a Knave Mr. Whitby confessed he told the Lord Aston that Dugdale was a Dishonour to his Family in not paying People their Mony when they came for it But he was told afterwards it signified nothing for that the present Ld. Aston would hear nothing against him Then the Ld. Stafford gave into the Court Wright's Letter who being called owned his hand saying That was one which he was hired to write which intimated as if Dugdale had suborned him to swear false c. Then the Prisoner being urged to conclude he protested his Unreadiness and Weakness whereupon the Court broke up and the Lords sent a Message to the Commons that to morrow morning at 10 they had ordered the Prisoner again to the Bar. The fifth Day SAturday December the 4th 1680. About 10 the Court being sat and the Prisoner call'd upon to sum up his Defence he prayed leave to call a few Witnesses more which after some Debate and his Lordships Weeping was admitted And then the Lord Ferrers was called upon to speak his Knowledg of Southall who said he could only speak by hear-say that he had been an active Man in the late times against the King and is counted a pernicious Man against the Government The Lieutenant of the Tower also was called and testify'd that Dugdale coming to make up his Accounts the Lord Aston desired the Lieutenant to be present who said he did not understand Accounts but would get one that did whereupon Dugdale said he would come another time but never did that he saw or heard of The Prisoner began to sum up his Defence and ended with proposing these five Points of Law 1st That there is no precedent for criminal Proceedings to be continued from Parliament to Parliament as this had been to three 2ly Whether in capital Cases they can proceed upon Impeachment and by Indictment first found by the Grand Jury 3ly There is a defect in the Impeachment there being no overt Act alledged 4ly The Witnesses by Law are not competent because they swear for Mony And not having proved him a Papist whether he can be concern'd as to the Plot in general 5ly That there ought to be two Witnesses to every point Thus concluding the Managers vindicated Mr. Southall's Credit sufficiently by the Depositions of the Lord Brook and Mr. William Leveson-Gower who knew him very well to be an honest able good Man and of the Church of England and an eager Prosecutor of Papists Then Sir William Jones one of the Managers summ'd up the Evidence very largely and Mr. Powle another of them proceeded and Serjeant Maynard answered his matters in Law shewing to the third several Overt Acts as receiving a Commission being at Consults and hiring Persons to kill the King To the 2d That an Impeachment of the House of Commons is more than an Indictment To the 1st That what is once upon Record in Parliament may at any time be proceeded upon And then Sir William Jones spoke again And to the 5th said there needed but one Witness to one Act and another to another where the several Acts as here fall under the same head of Treason And to the 4th that he had not proved and however that what Mony the Witnesses had was for their Maintenance only Sir Francis Winnington spoke also to the same heads And then the Prisoner urged that his Counsel might be heard as to those Points who were Mr. VVallop Mr. Saunders and Mr. Hunt and the first proposed to be handled being the last Mr. VVallop excused himself from speaking to it because it lately had been determin'd in the inferiour Courts Then the Lords adjourned into the Parliament Chamber to consider the Points the Commons staying and returning after about an hour the Lord High Steward declared that it was the Lords Will that all the Judges present should give their Opinions whether the 5th Point was doubtful and disputable or no. Then all the Judges consulted privately together and afterward gave their Opinions in the Negative Seriatim first the Ld. Ch. Justice North the Ld. Ch. Baron Montague Mr. Justice VVyndham Mr. Just Jones Mr. Just Dolben Mr. Just Raymond Mr. Baron Atkins Mr. Baron Gregory Mr. Baron VVeston and Mr. Just Charlton After
endeavours to have over-ruled without so much as hearing the Prisoners Counsel for the maintaining it for that they said it was nought because it produced no Record of his Impeachment and did not specify what the High-Treason was for which he was Impeached and that the King had Power to proceed on an Impeachment or Indictment for the same thing at his Election Nevertheless the Attorny General demurred and the Prisoner joined in the Demurrer And then after much arguing a Day was given to argue the Plea till Saturday May. 7. At which time the Attorny General added to the Exceptions he took to the Plea Whether a Suit in a Superior Court can take away the Jurisdiction of the Cause of the Person and of the Fact at the time of the Fact committed To maintain the Plea Mr. VVilliams of Counsel for the Prisoner in a very long and learned Discourse first spoke stating the Prisoner's Case upon the Indictment the Plea to the Indictment and the Demurrer to the Plea Alledging the Difference of an Impeachment from an Indictment and offering some Reasons why this Court ought not to proceed upon this Indictment Then answering distinctly Mr. Attorney's Exceptions to the Plea producing some Presidents of this Courts Prosecution being stop'd by Pleas to the Jurisdiction shewing what had been done upon those Pleas What Doom they had Laying before the Court the Right of the Commons to Impeach in Parliament the Judicature of the Lords to determine that Impeachment and the Method and Proceedings of Parliament submitting it to them how far they would lay their Hands on this Case thus circumstantiated Here the Ld. Ch. Justice declared That all these Things were quite foreign to the Case and the Matter in Hand only was Whether this Plea as thus pleaded was sufficient to protect the Prisoner from being questioned in this Court for the Treasonable Matter in the Indictment before them To which Mr. VVilliams reply'd That 't was an hard matter for the Bar to answer the Bench. After which Sir Francis Winnington pleaded That he conceived that it was confessed by the Demurrer that there is an Impeachment by the Commons of England of High-Treason against Fitz-Harris lodged in the House of Lords Secundum Legem consuetudinem Parliamenti And that the Treason for which he was impeached is the same Treason contained in the Indictment So that now the general Question was Whether an Impeachment for Treason by the House of Commons and still depending were a sufficient Matter to oust the Court from proceeding upon an Indictment for the same Offence Which he learnedly endeavoured to make good by several Reasons as well as Presidents Mr. Wallop pleaded next on the same side whose Province was to prove That the Treason in the Impeachment and in the Indictment was the same and that this was well averred in the Plea Mr. Pollexfen pleaded That a general Impeachment in Parliament was a good Impeachment and the Judges had declared so to the King and Council concerning the five Popish Lords who could not therefore be tried upon Indictments so long as general Impeachments were depending for the same Treason and that therefore this Plea was good both as to Matter and Form c. In reply to vitiate the Plea it was insisted on by Mr. Attorn Gen. Mr. Sol. Gen. Serj. Jefferies and Sir Francis VVithens of Counsel for the King that the Plea concluded not in the usual Form That perhaps this Matter if the Prisoner had been acquitted upon the Impeachment might have been pleaded in Bar to the Indictment but it was not pleadable to the Jurisdiction of the Court That in the Case of the five Lords the Indictments were removed into the House of Lords and that the Judges Opinion given at the Council-Board was not a Judicial Opinion nor did any way affect this Cause After which the Ld. Ch. Justice thought fit not to give present Judgment but to take time for Deliberation Whereupon the Prisoner was carried back to the Tower And on Tuesday May 10. Mr. Attorney moved the Court to appoint a Day for their Judgment on the Plea and for Fitz-Harris to be brought up which they appointed to be the next Morning Accordingly on Wednesday Morning May 11. the Prisoner being brought to the Bar the Ld. Ch. Justice deliver'd the Opinion of the Court upon Conference had with other Judges That his Brother Jones his Brother Raymond and himself were of Opinion that the Plea was insufficient his Brother Dolben not being resolved but doubting concerning it and therefore awarded the Prisoner should plead to the Indictment which he did Not Guilty and his Trial ordered to be the next Term. The Trial of Edward Fitz-Harris at the King's-Bench Bar at Westminster before the Lord Chief Justice Pemberton on Thursday June 9. 1681. THE Prisoner then and there appearing after several Challenges made for the King the Jury sworn were Thomas Johnson Lucy Knightly Edward Wilford Alexander Hosey Martin James John Viner William Withers William Cleave Thomas Goffe Ralph Farr Samuel Freebody John Lockier To whom the Indictment was read which was for High-Treason in conspiring the Death of the King and subversion of the Government the which Mr. Heath Serj. Maynard and Mr. Attorn Gen. opened And then Mr. Everard deposed How the Prisoner was with him on Monday Feb. 21. 1681. having a little before been with him to renew the Acquaintance which had been between them while they were both in the French King's Service and to perswade him to re-ingratiate himself into the French and Popish Interest and gave him by word of Mouth Heads to write a Pamphlet to scandalize the King raise Rebellion alienate the Hearts of the People and set them together by the Ears Whereupon he acquainted one Mr. Savile of Lincolns-Inn Mr. Crown Mr. Smith and Sir William Waller with it And the next day Mr. Fitz-Harris coming again to his Chamber in Grays-Inn he convey'd Mr. Smith into a Closet Sir William Waller failing to come where he both saw and heard the Prisoner ask him What he had done as to the Libel and give him further Instructions about what to write viz. That the King was Popishly Affected and Arbitrarily Inclined That King Charles the First had an Hand in the Irish Rebellion and King Charles the Second did countenance the same c. That the People should therefore be stirred up to rebel especially the City c. That the Day after he coming again he had convey'd Sir William Waller into the next Room where he also might both hear and see shewing him to Copies of what he had drawn up which he marked that he might know them again and see what alteration would be made That Fitz-Harris did them read one of the Copies and amended it adding some things and striking out other things saying The Libel was to be presented to the French Ambassador's Confessor and he was to present it to the French Ambassador and that it was to beget a
Difference here while the French should gain Flanders and then they would make no Bones of England and that therefore the more Treasonable it was the better it would do the Effect For which Libel the Witness was to have 40 Guinies and a monthly Pension of some thousand of Crowns and that he should be brought into the Cabal where several Protestants and Parliament-Men came to give an Account to the Ambassador how things were transacted Giving him half a Sheet written by himself of further Instructions among which one was That it was in the Peoples Power to depose a Popish Possessor as it was to oppose a Popish Successor That this Libel was to be drawn in the Name of the Nonconformists and put upon them which the Prisoner told him they would disperse they knew how Then Mr. Smith being sworn gave an Account at large how he was convey'd by Mr. Everard into the Closet and of what he saw and heard as Mr. Everard had deposed Sir William Waller also deposed what he had seen and heard as was before deposed by Mr. Everard adding that he made a Report hereof to the House of Commons and communicated the Paper to them who immediately proceeded to the Impeachment which was for the same Treasons mentioned in this Indictment Then the Paper was produced in Court with Fitz-Harris's Amendments And the whole Libel was read over and Mr. Bridgman and Sir Philip Lloyd swore That Fitz-Harris owned his Hand-writing before the Lords in Council The Passages inserted in the Indictment were these The Title was The true English Man speaking plain English In the Book was as followeth If James be conscious and guilty Charles is so too believe me both these are Brethren in Iniquity they are in confederacy with Pope and French to introduce Popery and Arbitrary Government as their Actions demonstrate The Parliaments Magna Charta and Liberty of the Subject are as heavy Yokes they 'd as willingly cast off for to make themselves as absolute as their Brother of France And if this can be prayed to be their Aim and main Endeavour why should not every true Britain be a Quaker thus far and let the English Spirit be up and move us all as one Man to Self-defence Nay and if need be to open Action and fling off these intolerable Riders And in another place it is said J. and C. both Brethren in Iniquity corrupt both in Root and Branch as you have seen they study but to enslave you to Romish and French-like Yoke Is it not plain Have you not Eyes Sense or Feeling Where is that old English noble Spirit Are you become French Asses to suffer any Load to be laid upon you And if you can get no Remedy from this next Parliament as certainly you will not and that the K. repents not complies not with their Advice then up all as one Man O brave English Men Look to your own Defence e'reit be too late rouse up your Spirits And in another place thus I will only add That as it is the undoubted Right of Parliaments to make a Law against a Popish Successor who would prove destructive to our Laws and Liberties so it is their undoubted Right to dethrone any Possessor that follows Evil Counsellors to the destruction of our Government In another place thus Then let all be ready then let the City of London stand by the Parliament with offers of any Mony for the maintaining of their Liberties and Religion in any extream Way if Parliamentary Courses be not complied with by the King The Prisoner in his own defence to all this called several Witnesses Dr. Oates said Mr. Everard told him the Libel was to be printed and to be sent about by the Penny Post to the Protesting Lords and Leading Men of the House of Commons who were to be taken up as soon as they had it and searched and to have it found about them He said the Court had a hand in it and the King had give Fitz-Harris Mony for it already and would give him more if it had success Mr. Sheriff Cornish said when he came from Newgate to the King to give him an Account in what disposition he found the Prisoner to make a Discovery the King said He had had him often before him and his Secretaries and could make nothing of what he did discover that he had for near three Months acquainted the King he was in pursuit of a Plot relating much to his Person and Government and that in as much as he made protestations of Zeal for his Service he did countenance and give him some Mony and that he came to him three Months before he appeared at the Council Table Coll. Mansel said That Sir William Waller gave him an Account of this Business in the presence of Mr. Hunt and others at the Dog-Tavern and said that when he had acquainted the King with it the King said He had done him the greatest piece of Service that ever he had done him in his Life and gave him a great many Thanks But he was no sooner gone but two Gentlemen told him that the King said He had broken all his Measures and the King would have him taken off one way or other and said Sir William Waller said the Design was against the Protestant Lords and the Protestant Party Mr. Hunt then confirmed the fame thing and added that Sir W. Waller said The Design was to contrive those Papers into the Hands of the People and make them Evidences of Rebellion Mr. Sheriff Bethel said That Everard before ever he had seen his Face or heard him speak a word had put in an Information of Treason against him at the instigation of his Mortal Enemy which was so groundless that though it was three Years before yet he never heard a word of it till last Friday Mrs. Wall after much shifting only could be squeez'd to say that Fitz-Harris had 250 l. 200 l. or 150 l. for bringing in the Lord Howard of Escrick adding That he was look'd upon to be a Roman Catholick and upon that account it was said to be dangerous to let him to near the King that he was never admitted to him The Lord Howard then related how the Prisoner was imployed to introduce him to the Dutchess of Portsmouth where he met with the King and that he interceded for the Prisoner with her The Lord Arran said That he and Fitz-Harris dined together the Day he was apprehended and that he pulled out Papers but he refused to read them That he ever thought him of the best and loyallest Principles of any of his Religion Mr. Secretary Jenkins said He could not remember the King had ever employed him The Lord Conway said that the King had declared in Council that Fitz-Harris had been employed by him in some trifling Business and that he had got Mony of him but added as of his own Knowledg that the King never spoke with him till after he was taken which was Feb. 28.
last Mr. Bulstrode was asked by the Prisoner What Message he brought and what proffer he made from the Court to his Wife But to this he would say nothing only that Fitz-Harris's Wife refused to be examin'd unless the King would speak to her alone The Dutchess of Portsmouth would likewise own nothing concerning him but that she had three or four times spoke to the King for him to get his Estate in Ireland and that what Mony he had had from her was only for Charity After this the Prisoner concluded his Defence complaining of his hard Usage professing his enmity to the French Interest and that Everard knew the Design of that Libel was otherwise concluding that the Jury could not find him now Guilty because of his Impeachment in a Superior Court The Sol. General then summ'd up the Evidence and Serj. Jefferies and the Ld. Ch. Justice gave the Charge to the Jury who desired the Opinion the Court since the Prisoner had been impeached whether they were compellable by Law to give a Verdict in this Case upon him To which The Ld. Ch. Justice said That the Vote of the Commons viz. That the Prisoner should not be tried in any other Inferior Court could not alter the Law and that the Judges of this Court had conference with all the other Judges concerning this Matter and it was the Opinion of all the Judges of England that this Court had a Jurisdiction to try this Man After which Justice Jones was of Opinion That if the Prisoner were acquitted on this Indictment it might be pleaded in Bar to the Impeachment Justice Dolben and Justice Raymond declared they were of the same Opinion The Jury withdrew for half an hour and then brought the Prisoner in Guilty And on Wednesday June 15. 1681. the Ld. Ch. Justice sentenc'd him to be Drawn Hang'd and Quartered Which was accordingly executed upon him together with Plunket at Tyburn on Friday July 1. 1681. The Trial of Dr. Oliver Plunket Titular Primate of Ireland before the Lord Chief Justice Scroggs at the King's-Bench Bar at Westminster on Wednesday June 8. 1681. ON May the 3d. 1681. the Prisoner was there Arraign'd upon Indictment of High-Treason for Conspiring the Death of the King and to levy War in Ireland and to alter the Religion there and to introduce a Foreign Power To which he urged that he had been arraigned for the same Treason in Ireland and at the Day of his Trial the Witnesses against him did not appear But the Court shew'd him the invalidity of that Plea because he had never yet undergone any Trial therefore he Pleaded Not Guilty On Wednesday June 8. following he was again brought to the Bar and still urged for more time because he pretended he had not yet got over all his Witnesses and some Records from Ireland But he having already had five Weeks the Court would not hearken and therefore the Jury sworn were Sir John Roberts Thomas Harriott Henry Ashurst Ralph Bucknall Richard Gowre Richard Pagett Thomas Earsby John Hayne Thomas Hodgkins James Partherich Samuel Baker VVilliam Hardy To whom the Indictment being read the same was opened by Mr. Heath Serj. Maynard and Mr. Attorny General And then Florence VVyer being sworn deposed That he knew there was a Plot in Ireland both before Plunkets time and in his time which was working in 1665 and 1666 but was brought to full maturity in 1677 then Col. Rely and Col. Bourne being sent from the French King into Ireland with a Commission to muster as many Men as they could promising to send an Army of 40000 Men to land at Carlingford on St. Lewis-day to destroy all Protestants and set up the French King's Authority And one Edmond Angle a Justice of Peace and Clerk of the Crown sent for all the Rebels abroad in the North to come up into the County of Longford and they marched into the head Town of the County and fired it the Inhabitants fled into the Castle but Angle being shot the Rebels fled and carried with them all the Papers Angle had in his Pocket Hereupon Col. Bourne became suspected and was imprison'd and Col. Rely fled into France and the Plot lay under a Cloud till the Prisoner came to be Primate which he got by the French King's help upon his promising to prepare things in Ireland for his Interest and that about 10 or 11 Years ago in the first Year of his Primacy when the Prisoner came to the Friery at Armagh he being there one Quine told him That they thought Duffy would have been Primate said he 't is better as it is for Duffy hath not the wit to do those things that I have undertaken to do That he had heard the Prisoner own himself to be made Primate by the Pope and that he writ himself Oliverus Armacanus Primat Metropolitanus totius Hiberniae and had made Warrants sub paena suspensionis for his Priests to pay Mony for to supply the French Army and to let him know how many there were in all their Parishes from sixteen to sixty And that he had seen him going from Port to Port and that he pitch'd on Carlingford as most convenient for the French to land at Henry O-Neal deposed That in August 1678 Bishop Tyrril came with 40 odd Horse-Men to Vicar-General Brady's House where he gave them all the Oath of Secrecy to forward the Plot against the Protestants whom he said they would make an end of from end to end in Ireland in one hour and that he should have an Order for it from the Lord Oliver Plunket and that he and Plunket had sent Mony into France to get Men and to bring them into Ireland Neal O-Neal deposed the same he also being at that time at Vicar Bradey's House being August 21. 1678. Owen Murfey only swore That Lieutenant Baker told him That Mr. Edmond Murfey did discover the Plot to him that there was a Design to bring in the French but of his own Knowledg he could say nothing Hugh Duffy deposed That he had seen several of the Prisoner's Orders to raise Mony and had collected some for him being Curate of Cogham and a Fryer and had by his Order returned him also a list of the Age of every Person in his Parish from 16 to 60 and that he accompanied him when he view'd the Port of Carlingford which he thought most convenient for landing the French and had seen his Letter in France to Cardinal Bovillon that he should prevail with that King not to invade Spain but rather wage War with the King of England who had been an Apostate and help their poor Country that was daily tormented with Heretical Jurisdiction That he was present at a great Consult near Clouds where the Prisoner was Chief and gave special Order for a List to be got of all the Officers in the late Rebellion and that lost their Estates because they would be more forward in this Design That he himself was forward
but the Act for Naturalization was read to him and he thereby judg'd a Natural-born Subject Then Joseph Dudley deposed that he was a Servant to Mr. Powtrel and had known the Prisoner above six Years and had heard him say Mass Preach Pray Catechise and Christen and seen him in his Robes and that he used to keep fast the Doors tho a Protestant and that he had owned himself a Jesuit to him and that Mr. Evers the Lord Aston's Priest was his Tutor And that he had heard him tell how his Mothers house was Plundred at Coddington in Oxfordshire and how he hid himself in the Curtains being two Years old and in the Garden-Hedge when he was five Years old for fear of the Souldiers and that soon after his Mother went beyond Sea where she had several Children That he endeavour'd to subvert the Witness who seemingly did comply and was therefore entrusted Then to prove him further a Priest Mr. Gilbert produced his Account-Book which he had took which testify'd him to have been Procurator for the Jesuits and to have received Rents of their Lands from 73 till 77 and to have disbursed great sums of Mony and to have had dealings with Gawen Harcourt Turner Ireland Pool Bennet Heaton Thomson and others of the Society and produced his Popish Garments and Trinkets which one Mr. Sheppey a Minister that had formerly been a Popish Priest explained the names and use of to the Court. Then Thomas Houis deposed that this Busby persuaded him to be a Papist being about to marry a Papist's Daughter whom otherwise he could not have and that he gave him Absolution and married him and that he had heard him say Mass several times in his Robes and preach thrice and had received the Sacrament from him and had a Child baptized by him naming where and who were Sureties Elizabeth Evans deposed that she had seen him say Mass in his Priestly Habit and been Confess'd by him and receiv'd the Sacrament from him and was Godmother to a Child baptized by him Dorothy Sanders deposed the same and shewed how he used to elevate the Host only she never saw him baptize Sarah Clark deposed to the same purpose she being the Person that carried Houis's child to be baptized by him There were three or four more Winesses ready to have deposed the like but the Evidence being so full the Court waved them The Prisoner in his own Defence urged that the Witnesses swore to what they did not understand their Service being in Latin and as for the Vestments they were only kept as Monuments and that Lay-Men might wear them as well as Priests which was attested by Robert Needham whom the Prisoner called And Mr. Charles Vmphrevil testified that he had heard Mr. Busby's Mother and Brother say that he was born at Brussels and that he had an Affidavit from the Register at Coddington of all their Children born in England and the Prisoners name is not in the Register Mr. Ed. Mayo affirmed that he had searched the Register there and could not find the Prisoners name relating the Disappointment Busby had of his Habeas Corbus â—â—t the Court judg'd nothing of this material 〈◊〉 â—he Prisoner notwithstanding insisted upon his being an Alien and that it was only Family-duties the Evidence heard him read and had done nothing but what a Lay-Man might do and that therefore the Indictment had not been proved Then Baron Street caused the Statute of 27 Eliz. Cap. 2. to be read and summ'd up the Evidence shewing withal the invalidity of his Defence After which the Jury withdrew for a short space and then brought the Prisoner in Guilty And then Baron Street having told him that the King had commanded him to be Reprieved from Execution pronounced Sentence upon him to be Drawn Hang'd and Quartered The Trial of Stephen Colledg Carpenter at the Court-House in the City of Oxford on Wednesday August 17th 1681. Present Lord Norreys Present Ld. Chief Justice North. Present Mr. Justice Jones Present Mr. Justice Raymund Present Mr. Justice Levyns HIS Indictment was for High-Treason in Conspiring the Death of the King the Levying of War and the Subversion of the Government Which being read he desired â—…py of the Indictment and of the Jury that 〈◊〉 to pass upon him and that he might have Counsel assigned him to advise him Whether he had not something in Law pleadable in Bar of this Indictment Desiring also to know upon what Statute he was Indicted and that his Papers which contained Directions for his Defence might be restor'd him which were taken from him just before he was brought to Court Which he much insisting on the Court demanding an Account from him where he had those Papers He told them that he had them not all from one Person they were received from his own hands some of them in the Tower and being brought back to him they were taken away from him He then again was urg'd to plead which after many and earnestly repeated Intreaties for his Papers he did Not Guilty Then Mr. Attorney General gave the Court an Account concerning his Papers that when he came to Prison he had none but that Mr. Aaron Smith the Messenger inform'd him deliver'd them to him Wherefore the Papers being perused and most of them disallowed by the Court Mr. Smith and Mr. Starkey were called the latter did not appear but the former did who being demanded if he gave Mr. Colledge those Papers refused to accuse himself and so the Court took a Recognizance of 100 l. of him to attend the Court during the Session And Mr. Henry Starkey was sent for to be took up the Goaler swearing against him that he would have bribed him with four Guinies to be favourable to Colledge which he refused And the Papers what was not judg'd scandalous to the Government of them were ordered to be delivered to the Sheriff's Son for Mr. Colledge's perusal and the use of the King's Attorney as he thought fit Then the Court was adjourn'd till Two in the Afternoon When being met again Proclamation was made for Attendance and for the Under-Sheriff to return his Jury Whereof Richard Croke Thomas Marsh Edward Aryes VVilliam Aryes Richard Aryes Richard Dutton John Nash and VVilliam VVebb were challenged by the Prisoner Thomas Martin did not appear and Gabriel Merry being almost 100 Years of Age was excused Those therefore which served were Henry Standard William Bigg Robert Bird. John Shorter William Windlow Charles Hobbs Roger Browne Timothy Doyley Ralph VVallis John Benson John Piercy John Lawrence To whom the Indictment being read Mr. North and Mr. Attorney General proceded to open the Charge the latter being several times interrupted by the Prisoner not failing to reprove him home for so doing Then the first Witness produced against him was Mr. Stephen Dugdale who deposed That he having been acquainted with Mr. Colledge about two Years had oft heard him rail against the King saying That he was a Papist
drinking with Haynes who fell very foul against the Grand Jury because they had not found that Bill and he said my Lord Shaftsbury was a little Toad but that he would do his Business very suddenly Then he railed upon the Parliament and said they were a Company of Rogues they would give the King no Mony but that he would help him to Mony enough out of the Phanaticks Estates And said that they would damn their Souls to the Devil before the Catholick Cause should sink And that on Munday last meeting with Haynes again at Vxbridge at the Crown in discourse he heard him say that Sheriff Bethel's Estate should be the King 's e're long To invalidate this Testimony Haynes deny'd that ever he saw Lun before he saw him at Vxbridge which was sworn also by Mr. White the King's Messenger who was by and whose Prisoner Mr. Lun had been two Years affirming that Lun ask'd him who Haynes was and that he heard no such words spoken after which Serj. Jefferies bespatter'd him with some of his Reflections Next Mr. Jeremiah Broadgate was call'd who said That drinking with Mr. Turbervile he told him how the King's Evidence were villified and looked upon as poor inconsiderable Fellows and that he had had very great Offers from the Court if he would disown the Popish Plot and go upon the contrary Side Which Evidence also was rejected as nothing to the purpose Then Mr. John Zeal was called who because he could say nothing but what he had heard Mr. Ivy tell him was set aside And Mr. Ivy was called who confessing that he had given Evidence against the Prisoner the Prisoner concluded he could be no good one for him Therefore Mr. William Lewes was called who declared he knew nothing of any of the Evidence as to the Prisoner that he could only say something of Mr. Ivy as to a Presbyterian Plot and my Lord Shaftsbury And therefore Dr. Oates was next called who produced a Petition to the Common-Council subscribed by Edward Turbervile John Macnamarra c. wherein they set out how they had been tempted to unsay what they had said against the Papists And declared he charging Turbervile as if he was to be a Witness at the Old Baily against Colledge Mr. Turbervile said He would break any ones head that should say so against him for he neither was a Witness nor could give any Evidence against him Of which telling him after he had been at Oxford he confessed he had been sworn against Colledge before the Grand Jury For said he the Protestant-Citizens have deserted us and God damn him he would not starve This Turbervile then flatly denied upon his Oath and the Doctor affirmed upon the Word of a Priest As for Mr. Smith the Doctor affirmed That upon some provoking words between him and Mr. Colledge at Richard's Coffee-House he heard him swear God Damn him he would have Colledge 's Blood For which Dr. Oates reproving him as unbecoming words for a Minister of the Gospel his reply was God damn the Gospel This Smith also denied As for Mr. Dugdale the Doctor said that he had declared to him upon the report of his being an Evidence against my Lord Shaftsbury and several Protestants that he knew nothing against any Protestant in England Afterwards the Doctor telling him he fear'd he had gone against his Conscience he was sure against what he had declared to him Said he It was all long of Col. Warcup for I could get no Mony else and said that the Colonel did promise he should have a place at the Custom-house This Dugdale deny'd So the Court took notice to the Jury of these three Mens Oaths against the Doctor 's bare Word Which Mr. Colledge complain'd of as not fair dealing And that if he could witness for himself he could discover more than this that Dugdale had said to him alone how that he was forced to keep Company with Warcup or he must starve and to stay for his Mony from the Attorney General because there was new Work to be done such as his Conscience would not serve him to do that there was more Roguery that they would never have done plotting and counter-plotting but that they would make a thousand Plots if they could to destroy the real One But this he could not prove because it was to him alone he said it The Prisoner call'd then Mr. Alexander Blake who said that Mr. Smith told him one Morning That one Haynes was under Examination and had discovered very material things against some great Persons which some time after he told was a Sham-Plot a Meal-tub Plot. Then Mr. Samuel Smith was call'd who own'd his acquaintance with Smith and that he had heard him say he believed a Popish Plot but not any Protestant Plot and that though he denied not but that he had sworn against Mr. Colledge he did not believe what Colledge had said for he did not believe it himself Then Mr. Thomas Gardner being call'd testified the same Smith repeating it in his Company with Mr. Samuel Smith at the Rummer in Queen's-street And withal that two or three of the Jury-men that acquitted Mr. Colledge were Rascals and Villains And says he they talk as if I intended to sham the Popish Plot and make a Protestant Plot which said he I vow to God and I will justify it before God and all the World that I know of no Protestant Plot nor is there any Protestant concerned in a Plot to my knowledg but this Colledge and upon his Trial I believe he will be made appear to be more a Papist than a Protestant Then the Prisoner call'd for Dr. Oates again to give an Account to the Court what treasonable Words he heard spoke at Alderman Wilcox's Treat at the Crown-Tavern without Temple-Bar Who appearing again did affirm That the Discourse between the Coffee-House and the Tavern was between Mr. Colledge and him and not at all with Smith who either went before or followed them and that when he heard Smith swear at the Old-Baily that it was with him he did really in his Conscience look upon him as forsworn in that Particular That at the Tavern the Discourse was between him and one Mr. Savage who had been formerly a Romish Priest concerning the Existence of God and Immortality of the Soul That Colledge and Smith had no Discourse at all together in his hearing and that immediatly after Dinner Smith went his way Then Mr. Thomas Smith a Lawyer was call'd who said That he was at Dinner but heard no treasonable Words spoke most of the Discourse being between Dr. Oates and Mr. Savage and that if there had been any such words spoke he must needs have heard them the Room being small and for that Reason that they could not divide themselves into Cabals as Smith had deposed but that Colledge was asleep most of the time And as to Arms he knew that Mr. Colledge used to ride with Pistols having borrowed his Horse and had
Papers that had been charged upon him that they were none of his nor did he ever own them for his nor could he ever make Pictures nor did he ever in his Life and that that very Person whom Mr. Dugdale said he owned he got it to be printed by had denied it before the King and Council Then Elizabeth Hunt the Prisoner's servant appeared who testified That about 7 or 8 Weeks before the seizure of the Papers a Porter brought three Bundles of Papers for her Master in his absence which lay in a Box in his Counting-house a Week or Fortnight before she told him of them And as to Mr. Dugdale that she going to him for Mony he owed her Master after he was in Prison and he not paying her it as he promised she said to him Sir I think 't is very hard that you should keep my Master's Mony from him and yet go and swear against his Life too he said to her There was a great deal of do about his swearing against her Master more than needs but as he hoped for Salvation he did not believe Mr. Colledge had any more hand in any Conspiracy against his Majesty than the Child unborn Mr. Colledge inform'd the Court that this Maid moreover told him in the Tower before he came away that Mr. Dugdale desired to be remembred to Mr. Smith Colledge's Counsel and told her he had nothing against her Master that could touch his Life or an Hair of his Head and that he knew nothing of a Plot against the King and that if he could help it he had as lieve he had given 100 l. he had never spoken what he had Which she own'd for truth and Dugdale then denied evading it by telling the Story another way Then Mrs. Godwin being called appeared who related concerning the Papers that three Messengers coming to search for them on the Saturday after her Brother's confinement and they not finding them she got her Brother-in-law George Spur to carry them away to his House at Busshie to secure them till they should know what they did concern Then Spur being called did not appear Then the Attorny General called for one John Shirland who appeared to be a Man that lived by his Shifts and had been whip'd in Bridewel who swore that Mr. Bolron would have given him 10 l. and an Horse to go down and swear against Sir Miles Stapleton Which Bolron denied Then Smith deposed likewise against Mr. Bolron that he told him as they were traveling that he had as much to say against Colledge as any Body and that if he would speak for him he would evidence against Sir John Brooks for a discourse at Ferry-Bridge Which Mr. Bolron deny'd likewise Then no more Witnesses being called Mr. Colledge began to make his Observations upon the Evidence to the Court Professing his own Innocency as to what had been sworn against him and upon what had been attested for him owning his Zeal for his King Parliaments Church of England and against Popery Relating how he came acquainted with Haynes and the discoveries he made to him of the Popish Plot and of Sir Edmondbury Godfrey's Murder for which the Court interrupted and reproved him as not to the purpose and then he went on to sum up his own Evidence complaining of his close Confinement so that he could not procure that Evidence he otherwise might have done for himself The Statute of Decimo tertio was read to him and then Mr. Colledge very pathetically recommending himself to the Justice of his Jury concluded his Defence Then Mr. Sollicitor General largely summ'd up the Evidence and Mr. Serjeant Jefferies and the Lord Chief Justice did the same Then the Court called for two Bottles of Sack which the Jury divided among themselves at the Bar for their Refreshment in the presence of the Prisoner After which a Bailiff was sworn and the Jury withdrawing to consider of their Verdict the Court adjourned for half an hour and when they returned the Jury brought the Prisoner in Guilty At which there was a great Shout given whereat the Court being offended one Person who was observed by the Cryer to be particularly concerned in the Shout was committed to Goal for that Night but the next Morning having received a publick Reproof was discharged without Fees Then it being about 3 a Clock in the Morning the Court adjourned to 10. At which hour the Court being sat and first Mr. Aaron Smith having entred into a Recognizance of 500 l. to appear the first day of the next Term at the Court of King's-Bench the Lord Chief-Justice after a short speech directed to the Prisoner pronounced Sentence upon him to be Hang'd Drawn and Quartered which was accordingly executed upon him over against the Gate of the Castle at Oxford on Wednesday August 31. 1681. And his Head and Quarters through his Majesty's Grace were delivered to his Relations and by them brought up to London and privately interred The proceedings at the Sessions-House in the Old-Baily London on Thursday November 24. 1681. before his Majesty's Commissioners of Oyer and Terminer upon on the Bill of Indictment for High-Treason against Anthony Earl of Shaftsbury The Grand Jury Sir Samuel Barnardiston John Morden Thomas Papillon John Dubois Charles Herle Edward Rudge Humphrey Edwin John Morrice Edmund Harrison Joseph Wright John Cox Thomas Parker Leonard Robinson Thomas Shepherd John Flavell Michael Godfrey Joseph Richardson William Empson Andrew Kendrick John Lane John Hall THE Lord Chief Justice Pemberton gave the Charge wherein he explained the Nature of Treason particularly from the Statute of the 13th Car. 2. and explained the Validity of two Witnesses and the Jury's present Duty After which a Bill of High-Treason was offered against the Earl of Shaftsbury and Sir Francis Withens moved That the Evidence might be heard in Court Then the Jury desired a Copy of their Oath which the Court granted and then they withdrew After some little time they returned and being called over by their Names The Foreman acquainted the Lord Chief Justice That it was the Opinion of the Jury and they claim'd as their Right that they ought to examine the Witnesses in private But the Lord Chief Justice deny'd that it was their Right but was their Advantage and it was the King's desire it should be publick in which also the Lord Chief Justice North concurr'd and then therefore the Indictment was read wherein the Earl of Shaftsbury was charged with High-Treason for conspiring the Death of the King and subversion of the Government The Jury then desired a List of the Names of the King's Evidence But they were told that they being indorsed upon the back of the Indictment which they were to have out with them it was needless Then they requested to see the Warrant by which the Earl of Shaftsbury was committed but that they being told that the Lieutenant of the Tower kept for his Indemnity could not be granted Then they requested that the Evidence might
be put apart and examined one by one which was granted And then William Blathwayt Esq appeared and delivered in a Paper deposing that it was put into his Custody by Mr. Gwyn Clerk of the Council who seiz'd it among others in my Lord Shaftsbury's House and brought them to the Council-Office put them into one of the Rooms look'd the Door and deliver'd the Key to him And being ordered by the Committee of Examinations he fetch'd up the Trunks and Papers into the Council-Chamber and this Paper he took out of a Velvet Bag which was in the great Trunk that was sealed and then opened on July 6. in the presence of Mr. Samuel Wilson and Mr. Starkey who were both appointed by the Lord of Shaftsbury Then Mr. Gwyn being called deposed That on July 2. by a Warrant from the Secretary he searched the Lord Shaftsbury's House for Papers where was a great Hair-Trunk in which were several sorts of them and a Velvet Bag into which he put some loose Papers and sealed up the Trunk and being sent another way he deliver'd it to Mr. Blathwayt That all the Papers that were in the Velvet Bag he had in my Lord's Closet and that nothing was in that Bag but what he had there when he delivered it to Mr. Blathwayt Then Mr. Secretary Jenkins deposed That that was the Paper that Mr. Blathwayt delivered into his Hands in the Council-Chamber with nine more which he had kept under Lock and Key ever since till Monday last when he took them out and being numbred sent them sealed to Mr. Graham who brought them back to him again without any alteration whatsoever The Paper then was read which was to this effect That We the Knights c. finding to the grief of our Hearts the Papists Contrivances against the Protestant Religion the Life of the King and Laws and Liberties of the Nation to set up Arbitrary Power and Slavery And it being notorious that they have received Encouragement and Protection from James D. of York and from their Expectations of his succeeding to the Crown c. And that by his Influences Mercenary Forces have been levied Parliaments unreasonably Prorogued and Dissolved and the Army and Ammunition put into the hands of his Party and the Reputation and Treasure of the Kingdom hereby wasted That therefore they endeavoured to Exclude him from the Succession to the Crown and that failing they have now thought fit to propose to all true Protestants an Union amongst themselves by solemn and sacred Promise of mutual Defence and Assistance in the Preservation of the Protestant Religion the King's Person and State and our Laws Liberties and Properties in a Declaration in the Form ensuing Which was to this effect First The Person swears to maintain the Protestant Religion against Popery Secondly The King's Person and State as also the Power and Priviledges of Parliaments Rights and Liberties of Subjects c. Thirdly That J. D. of Y. having profess'd himself a Papist and given Life to the Plot that therefore he would oppose his or any other Papist's coming to the Crown by all lawful Means and by force of Arms if need so require c. To this end they mutually obliged one another to pursue unto destruction all that oppose the Ends of this Association and to defend all that enter into it And do engage that they will obey such Orders as they shall from time to time receive from this present Parliament whilst it shall be sitting or the major part of the Members of both Houses subscribing this Association when it shall be Prorogued or Dissolved and obey such Officers as shall by them be set over them in their several Counties c. until the next meeting of Parliament c. And that they would stick to this Association during Life c. In witness whereof c. Never a Hand was to this Paper Which being read and briefly descanted upon by the Counsel for the King John Booth was then called forth who deposed That about the middle of January last be was introduced into the Lord Shaftsbury's Acquaintance by Captain Henry Wilkinson a Yorkshire Gentleman an old Royalist and an old Acquaintance of his about some Concern relating to Carolina After which he went frequently to my Lord's House and between Christmas and March four or five times Where he hath heard him sharply inveigh against the Times and thought himself undervalued and feared that Popery would be introduced And that the Oxford Parliament that was then shortly to meet would give the King no Mony unless he would satisfy them in what they would insist upon which he said would be the Bill of the Exclusion and the abolishing the Statute of the 35th of Eliz. and passing a New Bill to free the Dissenters from the Penalties of the Laws which if refused would make a Breach between the King and Parliament whose meeting at Oxford was designed only to over-awe them And therefore that himself and divers Noble Lords and Members of the Commons had considered their own Safety and that he had establish'd a matter of fifty Men Persons of Quality that he believed would have Men along with them and he intrusted Capt. Wilkinson with the Command of these Men who were to come to Oxford at such a time and if there were any Breach or Disturbance they were to be ready to assist him and those other Persons in his Confederacy to purge the Guards of all Papists and Tories and purge from the King those evil Counsellors which were about him naming the Earl of Worcester the Lord Clarendon the Lord Hallifax Lord Feversham and Mr. Hide now Lord Viscount Hide whom he look'd upon as dangerous Persons and then to bring the King away to London where those things should be established which they designed for the Preservation of the Protestant Religion and keeping out of Arbitrary Power and Government Upon which Capt. Wilkinson desired him to be one under his Command and to provide Horse and Arms to which he consented and did so expecting to be sent for after the Parliament was sat they insisting upon the things the Lord Shaftsbury had predicted but the unexpected News of their Dissolution prevented it Then being ask'd when he first discovered this he answered about six Weeks ago and related the occasion and manner of his doing so Next Mr. Edward Turbervile deposed That in February last he waiting upon the Lord Shaftsbury about his getting some Mony and requesting his Letter to the President of the Council to stand his Friend my Lord said There was little good to be had from the King as long as his Guards were about him were it not for whom they would quickly go down to White-Hall and obtain what terms they thought fit And that the Rabble were all of that Side especially the People about Wapping and Aldersgate-Street That the Rich Men of the City would Vote for Elections but they could not expect they should stand by them in case there
City into 20 parts in order to the securing of his Majesty and the Duke of York and setting up the Duke of Monmouth That he was at the Meeting also at the Salutation in Lumbard-street and that the first meeting he had with them was about ten days before the Discovery That Mr. West spoke about securing the Lord Keeper for that he would call him to account for Colledge's Death That he would have spoke to two Nonconformist Ministers concerning this Design but Mr. West was unwilling and said the Ministers had destroyed all Designs ever since Constantine's Time and he would have nothing to do with them now That he met also with them at Capt. Tracey's on the Monday after the Discovery where the Prisoner was and there they discoursed about killing of Keeling and rather than be hang'd thought it better to stand to it with Swords in their Hands That he never heard indeed the Prisoner speak any thing of assassinating the King but that he had several times heard a discourse of Lopping by which was meant taking off the King and the Duke and supposed the Prisoner had been at the hearing of it too as being the Discourse of several Meetings Then Mr. West deposed That one Mr VVilcocks brought him and the Prisoner first acquainted who in November last imparted a Secret to him of a Design of an Insurrection to be made within three Weeks or a Month wherein the Lord Shaftsbury was engaged and had engaged him saying that he had an expectation of being a Colonel of Horse proffering the Witness a Command under him which he declined because he had not a Constitution to bear the Toils of War That the Prisoner then told him also of another Design the Lord Shaftsbury had upon the King and Duke as they came from New-Market in October last but that he abhorr'd any such ungenerous thing and would not be concern'd in it but only in a general Insurrection asking to have borrow'd a Suit of Silk-Armour of the Witness and employ'd him to procure him a stiff Tuck farther telling him that the Lord Shaftsbury was preparing a Declaration to be published in case of an Assassination or Insurrection asking the Witness to undertake to do one too because he would have several People draw it to pick one good one out of all shewing him some Collections which he said he had made towards it Which was a Collection of all the Passages in the three Reigns of King James Charles I. and this King which he called Attempts to introduce Arbitrary Government and Popery taxing them with some personal Vices and that the Government was dissolved and they were free to settle another Government Acquainting him that Mr. Ferguson had the management and conduct of the Assassination in October and that he likewise was acquainted with the Insurrection and was a great Man in it Meeting therefore with Ferguson in discourse he told him that there was but two ways for the People to preserve themselves from Bondage and one was by a general Insurrection the other by killing the King and Duke which he said was the best way Then going to a Tavern with him where was Col. Rumsey and one Row they appointed to meet at the Witness 's Chamber as a place of privacy and little observation Where when they met Mr. Ferguson proposed several ways of Assassinating the King and the Duke One was as the King and Duke had their private visits in St. James's another was as they went down the River by overturning or sinking their Barge another was at the Play-House by forty or fifty Men placed in the Pit with hand-Blunderbusses Pistols and Swords who when the Musick struck up between the Acts should fire upon the Box. But because this was thought hazardous they thought it better to do it as he came back thence in Covent-Garden under Bedford-Garden Wall That Col. Rumsey also did say He wondred that the Lords and great Men that were so fond of the King did not raise a Purse and buy some Body an Office who should rail against the Duke of Monmouth and the Whiggs and by that means get himself an opportunity of access to the King's Person That Capt. Walcot also told him after the Design in October had miscarried that there was another Design of attaquing the King and the Duke at my Lord-Mayor's Feast in the Hall or in their return Home in Paul's Church-Yard or at Ludgate And that Mr. Ferguson told him the same thing but the King not dining there the thing was wholly disappointed That after these Discourses Mr. Ferguson retired to Holland being afraid because of a Book that he had printed and Capt. Walcot went with him That there he staid till they writ for him to come over and then they had several meetings and resolved upon the Assassination at Rye-House Mr. Ferguson Mr. Goodenough and Mr. Rumbold undertaking to provide Men And the providing of Mony and Arms was also discours'd on and the manner of doing it proposed the Prisoner being to attaque the Guards he refusing any other part therein Rumbold propos'd a way to bring them off when the thing should be done over the Meadows and so by Hackney-Marsh which the Prisoner did not like but rather that they should retire within the Wall and there keep till Night being a place they could defend against any Force for a day's time That as to the Design upon the King 's coming from the Play-house one Mr. Row told him he had discours'd with one Gibbons that was the Duke of Monmouth's Servant about it and ask'd him if any of their Family knew of it and he said They all knew of it but would not be seen in it and said that he shew'd him the place That after the disappointment at Rye-House they adjourned to his Chamber to consider what they should do And a day or two after they met at the Dolphin Tavern where Mr. Keeling talking of Blunderbusses and Pistols in downright English he told him it was a foolish thing to talk so before Drawers and that was the occasion of calling them by the Names of Swan-Quills Goose-Quills and Crow-Quills At the next Meeting which was the next Week at the George and Vulture where was the Prisoner Mr. Goodenough Mr. Ferguson one Norton and one Ayliff They agreed to buy Arms viz. 10 Blunderbusses 22 Inches in the Barrel 30 Carbines 18 Inches and 30 Cases of Pistols 14 Inches putting him upon the buying of them because he was serviceable no other way and could have a Pretence for it because he had a Plantation in America but Mr. Ferguson was to pay the Mony which he did after he had bought the Arms with 93 Guinies which as he supposed came from Mr. Charlton That at the last meeting with Mr. Ferguson he heard him say That there was a Man imployed to see what conveniency there would be for an Assassination between Windsor and Hampton-Court but that was never reported and so laid aside That
next Design was to be on Novemb. the 17th but the Country not being then in a readiness the Earl of Shaftsbury upon hearing it went away for Holland That after this they all began to lie under a sense that they had gone so far and communicated it to so many that it was unsafe to make a Retreat And for the carrying it on thought it necessary there should be some General Council that should take upon them the care of the whole Whereupon they erected the Council of six which consisted of the Duke of Monmouth Earl of Essex Lord Russel Mr. Hambden jun. Col. Sidney and himself That these met at Mr. Hambden's House about the middle of January last and there the Particulars offer'd to their Consideration whereto they were to bring their Advice were Whether the Insurrection were most proper to be begun in London or in the Country or both in an Instant What Countries and Towns were fittest and most dispos'd to Action What Arms were necessary to be got and how to be disposed How to raise a Common Bank of 25 or 30000 l. to answer all Occasions And lastly How to draw Scotland to consent with them it being thought necessary that all Diversion should be given That about ten Days after the same Persons met again at the Lord Russel's where it was resolv'd to send into Scotland to invite some Persons hither who could give the best accompt of the State thereof viz. Sir John Cockram the Lord Melvil and Sir Hugh Campbel and that in Discourse it was referr'd to Col. Sidney to take care of that Business who afterwards told him he had sent Aaron Smith and given him 60 Guinies for his Journey That to avoid Observation they concluded not to meet till the return of this Messenger and he going in the mean time to his Estate in Essex and thence to the Bath he knew nothing more only when he came back he was informed Smith was come back and Sir John Cockram with him That he was sure the Lord Russel was present at these Meetings and to his understanding did consent though nothing was put to the Vote And he wished he could say the Lord Russel was not there To this the Prisoner insisted that most he had said was only hearsay and the two times they met was not upon any formed Design but to talk of News and they were delighted to hear the Lord Howard talk being full of Discourse of a voluble Tongue and talk'd well And that he never saw any of the Scotch Gentlemen only the Lord Melvil but never upon this Account Here the Attorny General urged that Aaron Smith did go into Scotland and that Campbel he went for was taken which Mr. Atterbury swore that he was then in his Custody and that he had been by his own Confession four days in London before he was took Then Mr. West deposed That he never had any Conversation with the Prisoner only he had heard Mr. Ferguson and Col. Rumsey say that the Lord Russel in the Insurrection in November intended to take his Post in the West where Mr. Trenchard had failed them and that they most depended upon him because he was looked upon as a Person of great Sobriety But this being all but Hear-say the Court would not admit it as Evidence The King's Counsel therefore left the Evidence here and call'd on the Prisoner to make his Defence who to all this made Answer That he could not but think himself mighty unfortunate to stand there charg'd with so high a Crime and that intermixed with the horrid Practices and Speeches of other People the King's Counsel taking all Advantages and improving and heightning things against him That he was no Lawyer an unready Speaker and not so well prepared as he should be c. That he thought his Jury were Men of Consciences and would consider that the Witnesses against him swore to save their own Lives Neither was what Col. Rumsey swore enough to take away his Life or if it were the Time was elapsed by the 13th of this King which limits Prosecution to six Months Neither was a design of Levying War Treason unless it appeared by some Overt-Act as appears by the 25th of Edw. 3d. And then desiring to know upon what Statute he was indicted it was told him upon the 25th of Edw. the 3d. Whereupon he desired Counsel upon these two Points as Matter of Law Whether the Treason were duly proved and if it were Whether it were punishable by the Statute In Answer to which the Court inform'd him That if he were contented that the Fact should be taken as proved against him and desired Counsel upon what was bare Matter of Law he should have it granted but there could be no Matter of Law admitted but upon a Fact admitted and stated And whereas he insisted that the Business at Mr. Shepherd's House was sworn to only by one Witness It was answered that if there were one Witness of one Act of Treason another of a 2d and another of a 3d that manifested the same Treason it was sufficient The Statute then of 25th of Edw. 3d. c. 2. was read And then the Prisoner insisted that he was never but at one Meetings at Mr. Shepherd's and Col. Rumsey was there before he came in but Rumsey said No the Duke of Monmouth and the Lord Russel went away together Then in behalf of the Prisoner the Earl of Anglesey declared That visiting the Earl of Bedford last week the Lord Howard came in and told the Earl of Bedford that his Son could not be in such a Plot or suspected of it and that he knew nothing against the Lord Russel or any Body else of such a Barbarous Design And then going on to tell what the Lady Chaworth had told him the King's Counsel interrupted him telling him as the Court would not permit them to give Hear-say-Evidence against the Prisoner so they must not permit his Lordship to do it for the Prisoner Mr. Edward Howard declared That the Lord Howard took it upon his Honour and his Faith he knew nothing of any Person concerned in that Business and noâ— only thought the Lord Russel unjustly suffered but he took God and Man to Witness he thought the Lord Russel the Worthiest Man in the World Dr. Burnet declared The Lord Russel was with him the Night after the Plot broke out and did then as he had done before with Hands and Eyes lifted up to Heaven protest that he knew nothing of any Plot nor believ'd any and treated it with great Scorn and Contempt The Lord Cavendish testified to the Prudence and Honour of the Lord Russel and how unlikely it was for him to be concern'd and had heard him declare his ill Opinion of Rumsey two or three Days after the Discovery and therefore that it was unlikely he would entrust him with such a Secret Dr. Thomas Cox and Dr. Burnet again testified as to his Life and Conversation and of his aversness to
all Risings and that he said the Lord Howard was a Man of Luxureant Parts but he had the luck not to be trusted by any Party Dr. Tillotson Duke of Somerset Lord Clifford Mr. Levenson Gore Mr. Spencer and Dr. Fitz-VVilliams spoke as to his Lordship's Conversation And then the Lord Howard being asked by the Jury what he said to the Earl of Anglesey's Evidence owned what the Earl said but that he did it to out-face the Matter and if he said untrue he ought not to be believed on his Oath insinuating that he meant what he said to be meant of a Design of Murthering the King which he did not not believe the Duke of Monmouth or the Lord Russel guilty of Carrying his knife close as he express'd it between the Paring and the Apple After this the Lord Russel made a short Conclusion protesting his Loyalty and Innocence telling the Jury he was in their Hands and pray'd God to direct them Then the Solicitor General summ'd up the Evidence and after him Serjant Jefferies taking Notice of the Earl of Essex's Death as an Evidence of Guilt did the same And the Ld. Ch. Justice deliver'd his Charge to the Jury and then the Court Adjourned till 4 a Clock in the Afternoon when the Jury brought the said Lord Russel in Guilty of the said High-Treason The Trial of John Rouse Gent. at the Old-Baily on Friday July 13. 1683. THen and there the Prisoner appearing having been arraigned the day before upon an Indictment of High-Treason for conspiring the Death of the King and subversion of the Government and pleaded Not Guilty he moved the Court but in vain for longer time And therefore the Jury sworn after several Challenges were Robert Beddingfield John Pelting William Windbury Theophilus Man John Short sen Thomas Nicholas Richard Hoare Thomas Barnes Henry Robbins Henry Kempe Edward Raddish Edward Kempe To whom the Indictment being read Mr. Jones and Sir George Jefferies opened the same and then Thomas Leigh was sworn against whom the Prisoner excepted because he had been sworn against as Guilty by two Persons and being acquainted with the Prisoner he was afraid the Prisoner should swear against him and therefore come now to swear against the Prisoner first But this was not allowed to be any Objection Therefore Mr. Leigh deposed that he had been concern'd in this Conspiracy and knew something of it but that he believed Mr. Rouse knew a great deal more for that Goodenough and the Prisoner engaged him in a Design of raising of Men and Goodenough told him the Design was to set up the Duke of Monmouth and kill the King and the Duke of York and that Sir John Moor and the Aldermen were to be kill'd and their Houses plundred and that there would be Riches enough which would serve to maintain the Army That Mr. Rouse told him he could provide Arms for 100 Men and that nothing was to be done unless the King was seized saying we might remember since 41 when the King went and set up his Standard therefore said he we will seize them that they shall not set up their Standard But said he was not for shedding their Blood That he said also it would be convenient to have a Golden Ball play'd upon Black-Heath and to get some Sea-Captains to manage that Affair and said he would engage Ten and he that wins the Ball take it That every Captain should then take his Party and tell them they had other work and then go with Long-Boats and Arms and seize the Tower That he acquainted Goodenough with this and telling him the Charge of the Ball which the Prisoner had told him would be 10 or 12 l. he said if it were 40 l. he would be at the Charge of it all That after he heard he was sworn against Mr. Rouse cut off his Hair and procured him a Wig and lodged hint at his House That he and Rouse and Mate Lee went several times to view the Tower That Rouse told him he had spoke to two Sea-Captains who were willing but one was going to New-Jersey and therefore the Work must be done before he went or he could not assist That while he lay hid at Rouse's House Mr. Nelthrop and Mr. Goodenough directed him to deny all when-ever he should be taken into Custody and if could not touch his Life That they met several times afterwards and had an Account in June last that Mr. Goodenough was in the North raising Men and that the Duke of Monmouth was thereabouts and that a Deliverance should be wrought for all this That the Design was so laid that he was told it was to be done in a Fortnight That they never agreed on a Method to kill the King but that they told him they had 1000 Horse ready in the Country and 500 Horse ready in Town and that the King should be kill'd coming from Windsor That they were contriving to send Arms by Night in Trunks to some private Place where they were to arm themselves in the Night and some brisk Men were to go to VVindsor to know when the King came and give Information and so they were to set upon him in some convenient Place and both the King and the Duke were to be taken off together Mr. Rouse saying Take them off and then no Man can have Commission to fight for them And both to him and in Company Mr. Rouse who had been a Traveller had said That the King was sworn both in France and Spain to bring in Popery and Arbitrary Power in so many Years and therefore it was no Sin to take him off and told him he had it under his own Hand Then Mate Lee deposed That the Prisoner had several times treated with him to get Seamen fitting to make Commanders of Ships some of the King's Men of War that lay at Deptford and VVoolwich for that the Tower and VVhite-hall was to be secured or else they could do nothing Mr. Thomas Corbin deposed That in 1681 he heard the Prisoner say He thought the Session of the Oxford Parliament would be very short But those frequent Prorogations and Dissolutions of Parliament would not avail the King son that what ever he has the Parliament gave him and they may take it away when they please Upon which one bidding him have a care what he said he reply'd The King had forfeited his Crown and had no more right to it than he had Mr. VVilliam Richardson deposed That when the Prisoner was first seiz'd he denied his Name to be Rouse calling himself Johnson The Prisoner's Defence was only a retorting the Accusation upon the Witness alledging That Mr. Leigh first discoursed these Treasons to him which he only listned to to pump out the bottom of his Design that he might discover them Protesting his Innocency and that the words Mr. Corbin testified against him was not spoke of the Parliament but of the Pope and he had been before tried and acquitted for them Saying it
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
time coming again he said he knew nothing of this Plot and he was sure had Col. Sidney known any thing he would have told him And that he then telling my Lord he was not safe in his House the Ld. Howard said he had been a Prisoner and he had rather do any thing in the World than be a Prisoner again Then the Ld. Paget declared that seeing the Ld. Howard presently after the breaking out of this Plot he told him he was glad to see him abroad and that he was not concern'd in this Disorder Which he said he took as an injury to him for that his saying so looked as if he were guilty but that he knew nothing of himself or any Body else nor had he seen any Body that could say any thing of him or give him any occasion to say any thing of any Body else Mr. Edward Howard declared That as soon as the Plot broke out the Ld. Howard having a great intimacy with him he expressed a great detestation and surprizing in himself to hear of it and assured great Asseverations that he could neither accuse himself nor any Man living and that he was much concern'd for certain Persons of Quality that they should be so much reflected on or troubled about it And that this he verily thinks my Lord spoke sincerely and that he knew his Disposition so well that if he had had any Guilt upon him be would never have stood his being taken That another time discoursing the Ld. Howard about this Plot which he omitted at the Ld. Russel's Trial by reason of the reproof accidentally given him that it was certainly a Sham even to his Knowledg too black for any Minister of of publick Employment to have devis'd but that it was forged by People in the dark such as Jesuits and Papists and that this was his Conscience And that he consented to Address the King under his Hand to testify his abhorrency of the thing but upon the Lord Russel's being taken this was laid aside That he really believed what my Lord said then was true and were he of this Jury he would not believe what he said now For saying which the Court told him he ought to be bound to his good Behaviour The Prisoner then urged the Mortgage which the Lord Howard acknowledged Mr. Blake then declared that about 6 Weeks since the Ld. Howard sent for him to come and see him and talking then of his Pardon he said he had a Warrant for it and their Word and Honour for it but that he would do nothing in it till he had further order and that he heard nothing of it and could ascribe it to no other Reason but that he must not have his Pardon till the drudgery of Swearing was over The Prisoner then called Mr. Hunt and Burroughs to prove that the Ld. Howard said he could not have his Pardon till he had done some other Jobs but they did not appear Then Grace Tracy declared that the Ld. Howard protested his Ignorance of the Plot and of Colonel Sidney's being concern'd in it Elizabeth Penwick declared to the same purpose and that he desired withal that the Colonel's Plate might be sent to his House for Security for that he was apprehended through Malice Then one Mr. Wharton stood up and offer'd to the Court that if the sheets might be shewn him he would undertake to imitate them in a little time that they should not know which was which It being the easiest Hand that ever he saw in his Life Then the Prisoner proceeding in his Defence urg'd the Statute upon which he was Indicted as consisting of 2 Branches which were confounded in his Indictment together though they were distinct species of Treason And that the business of Aaron Smith was only conjecturally and implicitly sworn And the Papers were imperfect and had been writ many Years and never publish'd and could have no concatenation with the Select Council which the Ld. Howard had sworn though selected by no Body urging how unlikely it was for a War to be rais'd by 6 Men not knowing nor trusting one another the Ld. Howard putting such things upon them as were impossible for any one to do that had but the sense of Porters and Grooms The Solicitor General then summ'd up the Evidence making the Ld. Howard and his Papers two very good Witnesses against him Then the Ld. Ch. Justice declared his Charge to the Jury who withdrew for half an hour and then brought the Prisoner in Guilty And upon Monday November the 26th being set to the Bar the Prisoner pleaded that he conceived he had had no Tryal for that some of the Jury were no Free-holders and were not summon'd by the Bailiff but were agreed upon by the Under Sheriff and others desiring the Indictment might be read again which was done and then he urged it was void because it depriv'd the King of his Title of Defensor Fidei which was Treason by the Law Urging that there was no Treason in his Papers and desiring the D. of Monmouth might be sent for to testify if there were any such thing as a Design c. complaining that his Evidence had not been rightly summ'd up and appealing to God and the World he not being heard After which the Ld. Ch. Justice pronounced Sentence upon him to be Drawn Hang'd and Quartered c. Upon which Col. Sidney cry'd out Then O God O God I beseech thee Sanctify these Sufferings unto me and impute not my Blood to the Country nor the City through which I am to be Drawn let no inquisition be made for it but if any and the Shedding of Blood that is Innocent must be revenged let the weight of it fall only upon those that maliciously Persecute me for Righteousness sake Whereupon the Ld. Ch. Justice told him he pray'd God fit him for another World for he saw he was not fit for this But the Prisoner holding out his Hand bid his Lordship feel his Pulse and fee if he was disordered blessing God he never was in better temper than he was now On Friday December the 7th following his Sentence being mitigated by his Majesty's Grace and Favour he was brought from the Tower to a Scaffold on Tower-Hill where after a short Preparation he was beheaded by the Common Executioner The Trial of John Hambden Esq before the Lord Chief Justice Jeffries at the King's-Bench Bar at Westminster on Wednesday February 6 1683. ON Wednesday November 28th 1683. John Hambden Esq was Arraigned at the King's-Bench Bar upon an Indictment of High Misdemeanour for contriving and practising to disturb the King's Peace and stirring up Sedition in the Kingdom To which having pleaded Not Guilty and Issue being joyned Bail was taken for his appearing the next Term. Accordingly on Wednesday Feb. 6th following the Defendant appeared and the Jury were impannel'd Joshua Galliard Esq and Mr. Richard Shoveditch were challeng'd by Mr. Williams of Counsel for the Defendant because they were both
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
four a Clock in the Asternoon Mr. Keeling came with two more to his house and arrested him at the Suit of Mr Papillon and another of them did the same at the Suit of Mr. Dubois telling him if he would not give Appearance he must go to the Lord Mayor who was at Skinners-hall but that they would take his word till the Morrow Morning However he immediately went to the Lord Mayor's-house and not finding him at home he went to Skinners-hall where he found him all alone and no Alderman only the Officers with him where he had been but a little while but was detained and he with him till about eleven a Clock abundance of People being gather'd together about the Door but a Company of the trained Band-Souldiers coming keptall quiet Then Mr. Wells the common Cryer was called and sworn who deposed That he being in the next room to the Hall wherein the Lord Mayor was arrested was presently sent for to my Lord who bid him send out the Officers to summon a Lieutenancy which he did and the Sword-Bearer being not just then at hand the Lord-Mayor bid him take the Sword and go along with him and so they were carry'd by the Coroner to his own house and the Lord-Mayor put up into a little Room by himself and he commanded by him to go and see for Sir James Edwards and Sir Henry Tulse and the Ld. Mayor that now is whom he found to be all arrested before he came Then Sir John Peake was sworn who deposed that upon the News of the Lord Mayor's being arrested he had order from the Lieutenancy to raise his Regiment which he did in a very little time and came with his Soldier to Skinners-Hall where he heard the Lord Mayor was and prevented any stir as it was feared there would have been Here the King's Counsel rested their Evidence till they had heard what the other said to it Whereupon Serjeant Maynard being of Counsel for the Defendant Mr. Papillon told the Jury in a very learned and excellent Speech that the Lord Mayor was as much subject to the Process of Law and Actions as any private Person in the City if he did injury or that which was not right in his Office That the Defendant did then suppose himself to have wrong done him and had therefore probable cause to bring his Action which he had done in a legal Manner against the Lord Mayor Then Mr. VVilliams insisted upon the probability of the cause of Action it being a controverted Question Whether Mr. Papillon and Mr. Dubois or Sir Dudley North and Mr. Box were chosen Sheriffs of London And some were so much dissatisfied with swearing Sir Dudley North and Mr. Rich Sheriffs as thinking them not duly Elected that they would have the Court of Kings-Bench moved for the Writ of Mandamus to swear Mr. Papillon and Mr. Dubois which Mandamus was granted to which the Mayor and Aldermen to whom it was directed made a Return that they were not Elected Sheriffs of London which Return was apprehended to be false and really to try the truth of this Return was the Action brought against the Plantiff which was the only way they had to right themselves and therefore they proceeded regularly and orderly in a decent Manner applying themselves to get an Appearance to their Action For that first they took out a Latitat against my Lord Mayor and by the Attorny gave him notice of it and desired an Appearance so that the Question in dispute might come to some determination But he was not pleased to give an Appearance to that Writ so they took out a Capias gave him notice of it and desired an Appearance but could have none whereupon they took out an alias Capias and the Coroner then told that he should be called upon to make some Return to the Writ which he acquainted the Lord Mayor with and desired again an Appearance which he refusing the Officer was constrained to arrest him and an Appearance at last was given Upon which they declared in the beginning of Hilary or Easter-Term 83. But it falling out that in Easter-Term 83 that that there was an Information for a Riot upon Midsummer-day before about this contested Election which being tried May the 10th was found to be so and the Sheriffs sworn to be duly elected thereupon being satisfied that they were mistaken they immediately discontinued their Action Then Mr. VVard of Counsel also for the Defendant spoke vindicating the Defendant from some unjust Reflections which the King's Counsel had made as if he had caused the Lord Mayor to be Arrested for the furtherance of some designed Insurrection against the King and Government and shewing the probability of the Cause then at that time though it be quite otherwise since the Question of the Right and Election being determined on the other side in the Trial about the Riot at the Election But the Ld. Ch. Justice here interrupting him would by no means allow that to be the Question then determined which raised some Words between them whereat there was a little Hiss begun which made the Ld. Ch. Justice in a great Fury ask who that Fellow was that durst hum or hiss while he sat there threatning to lay him by the heels and make an Example of him saying That indeed he knew the time when Causes were to be carried according as the Mobile hiss'd or humm'd and that he did not question but they had as good a will to it now Then he suffered the Defendants Counsel to call their Witnesses And therefore Mr Brome being call'd and swore deposed That aster he had the Writs he waited upon my Ld. Mayor praying his Appearance and gave him 9 or 10 days to consider and that the Defendants Attorny Mr. Goodenough did threaten to complain of him to the Court if he did not make a Return of the Writ And that when at last he could get no Appearance the Officers named in the Warrant by his Command did arrest him and carry him to Skinners-Hall and that soon aster he himself was taken into Custody and committed to the Compter Then after the Ld. Ch. Justice had cross'd Questions with him to have forc'd him a fall Mr. Cornish was swore who depos'd That Mr. Papillon and Mr. Dubois being at his house in came Mr. Goodenough the Attorny to receive their Orders what he should do telling them the time was almost spent and he had addressed himself from time to time to the Lord Mayor and some of the Aldermen to get them to appear but they would not They told him they had already given him Orders and desired that the matter might be brought to some Trial or issue and that he should desire an Appearance to the Action and if he would give it take it and remember my Lord Mayor is the Chief Magistrate of the City and pray'd him to carry it with all respect and regard imaginable to him The Ld. Ch. Justice then fell violently
Cornish and Bethel got in to be Sheriffs 3. Their arresting the Lord Mayor in his Mayoralty-year and not staying till that was ended did carry Vengeance and Malice in the very face of it as if they had a mind to affront the Government in arresting and imprisoning the Kings Lieutenant in one of the highest Places both of Trust and Honour Nay and because they would be sure their Malice and Revenge should take place 4. They took the very Scoundrels of the Party to be employed in this work 5. The Consequents designed herein which was the destruction of the Government all the Magistrates being took up that had any care for it And 5. The particular Persons that were to be sued being only some of the Aldermen and not all though the Mandamus was directed to all and the Return made by the whole Court yet Cornish and his Party were not to be medled with which is another Circumstance of Malice And if it had not been for some Purpose 6. Mr. Papillon is know to be a Person that would never have been so greedy of an Office he had before declined and fined for minding rather his Counting-house than a Scarlet-Gown And therefore the Design he told them was from the beginning to the end nothing but to cause a Tumult and Confusion in the City in order to put that damned hellish Conspiracy for the destruction of the King and his Brother and every Man that was honest and loyal in Execution That therefore they were to find for the Plantiff and to give Damages according to the Malice design'd not as to Sir William Pritchard but as Lord Mayor For that the Government was infinitely concern'd in this Cafe which made it so popular a Cause The Government of the City the Honour of their Chief Magistrate and indeed the Honour of the King whose Substitute he was and that was to put a weight upon their Inquiry into the Damages of this Case telling them that their severity in this Case would deter all People from entring into Clans and Cabals to make Disturbances and affront the Government Then the Jury withdrew to consider of their Verdict and after half an hours stay returned and found for the Plaintiff and assessed Damages to 10000 l. and costs to 4 Marks The Lord Chief Justice then told the Jury that they seem'd to be Persons that had some sense upon them and consideration for the Government and had given a good Verdict and were to be greatly commended for it Aster which the Court broke up The Trial of Titus Oates at the King's-Bench Bar at Westminster before the Lord Chief Justice Jefferies on Friday and Saturday the 8th and 9th days of May 1685. THen and there the Prisoner appearing upon an Information of Perjury shewing how that he had sworn falsly to a Consult of Jesuits at the White-Horse Tavern April 24. 1678. at the Trial of Ireland Pickering and Grove To which having pleaded Not Guilty the Jury sworn were Sir William Dodson Sir Edmund Wiseman Richard Aley Thomas Fowlis Thomas Blackmore Peter Pickering Robert Beddingfield Thomas Rawlinson Roger Reeves Ambrose Isted Henry Collier Richard Howard Then Dr. Oates moved that he might have three very material Witnesses who were Prisoners in the Kings-Bench brought into the Court but the Ld. Ch. Justice told him the Law would not allow it and it would be an Escape The Information therefore was read and Mr. Philips opened it and Mr. Attorn Gen. opened the Evidence Then in order to prove the Information the Record of the Trial of Ireland was produced and read Then Mr. Foster was sworn who deposed that he was one of the Jury at Ireland's Trial and heard Dr. Oates depose about the Consult's being April 24 1678 and that he was at it and carried the Resolution from Chamber to Chamber to be signed and saw it signed c. Then Martin Hilsley Esq a Papist deposed That he came from St. Omers April 14 Old Stile where he lest Oates and saw him but the day before and that he was not at all in his Company from thence to London where he arrived April 21 having staid four or five days at Bockston-street hard by where he met Mr. Burnaly at a Relations of his That afterwards he told Mr. Osborn that he had lest Sampson Lucy by which Name Mr. Oates went as also sometimes by Titus Ambrosius at St. Omers Then Dr. Oates would have ask'd this Witness What his Employment was at St. Omers Whether his Superiors did not set him on to do this And what Inducements he had to give in an Evidence now which he had given six Years ago at Langhorn's Trial and was not believed But these the Ld. Ch. Justice called Ensnaring Questions and would suffer no Answer to them Then Mr. John Dorrel now a Papist deposed that about the 15th or 16th of April he heard one Mr. Osborn telling his Mother of one Sampson Lucy alias Oates being then a Scholar at St. Omers as a Gentleman newly come from thence had assured him Then Mr. Osborn a Papist deposed About the 27th or 28th of April Mr. Hilsley talking to him about Oates telling that he lest him in the Colledg when he came away from St. Omers and this he told afterwards to Madam Dorrel and his own Mother who was since dead Then Mr. Bournaby a Papist supposed a Jesnit who went by the Name of Blunt deposed That he met Mr. Hilsley April 18 1678 that he arrived at St Omers April 21 and saw Oates there the next day and so from day to day to June 10. but that he neither knew or heard of any Consult Then Mr. Pool alias Killingbeck a Papist of the Sodality of the Virgin Mary as was supposed being sworn deposed That he came from St. Omers April 25 and saw Mr. Oates that very Morning and left him there and saw him there the 21st and 22d of the same Month That he heard something of a Triennial Congregation but of no Consult Then Mr. Henry Thornton a Papist deposed That he had been a Student at St. Omers seven Years and came thence about two Years after Mr. Oates that he knew Oates there very well and saw him almost every day in the Colledg from Christmass 1677 to the 13th of June 1678 that in all that time he was never out of the Colledg unless a day or two at Watton in January which is not a League out of Town That he saw him particularly the day of Mr. Hilsley's departure April 14 and Mr. Bournaby's coming April 21 and again the next day April 22 at a Play which the Scholars acted That he heard of a Triennial Congregation but of no Consult Then Mr. William Conway a Papist a Student of St. Omers who went by the Name of Parry when he was a Witness at the Trial of the five Jesuits deposed That he knew Mr. Oates at St. Omers that he came in December 1677 and stirr'd not out of the Colledg except one Night
of the Season had chang'd their Opinion so that now they disbelived that which they believed before and perhaps for as little Reason as they believed him at first For he could not expect that a Man who believes without a Principle should not recant that Belief without a Reason But the Court call'd this a Reflection and spar'd him not for it The other part of his Defence consisted of his endeavouring to prove that he was here seen in London in April and May 1678. To this end Mrs. Cicilia Mayo Sir Richard Barker's House-keeper deposed That she saw Dr. Oates at her Master's House in Barbacan the latter end of Apr. or beginning of May being about a Week before Whitsontide in that Year the Plot broke out That the Coachman told her he had been there once or twice before but this was the first time she saw him he having on grey Clothes a white Hat and a short Periwig and dined there with her Lady's Sister and others Sir Richard being then sick in the Country That he came afterwards when she saw him in black Clothes a longer Periwig which was brown That she never knew the Prisoner before then but they told her who it was Then John Butler Sir Richard Barker's Coachman deposed That he also saw Mr. Oates at his Master's House the beginning of May before the Plot in a disguise having on a grey Coat and white Hat and his Hair cut short but without a Periwig enquiring for Dr. Tongue Mrs. Mayo then also looking upon him in the Court through the Window And that afterwards he came in a Cinnamon-coloured Coat and green Ribbons and a long black Periwig and that he dined there several â—â—mes Then Philip Page Sir Richard Barker's Man that used to make up his Physick for him deposed That he remembred he did see the Prisoner at his Masters in grey Clothes but he was not certain as to the time only he believes it was in May. Then Mr. Walker a Minister deposed he met the Prisoner in a Disguise between St. Martin's-Lane and Leicester-Fields not exactly remembring the Time when only he thought it about a Year and a quarter before he was first examin'd and that the Elm-Trees were then budded forth as big as an Hazle-Nut After this reflecting on the discredit the St. Omers Witnesses had once been in and of their not prosecuting of this Cause before this time he concluded his Evidence And the King's Counsel proceeded to answer his Defence producing the Records of Sir George Wakeman and Earl of Castlemaine's Trials to prove that his Evidence there was not believed which were read and Sir George Wakeman being sworn deposed what it was the Prisoner then swore against him and protested the falsity of it and his own Innocency The same also the Earl of Castlemain did in like manner And then the Lords Journals were produced where it was recorded that the Prisoner said he could accuse no Body else but those that he named and yet soon after he accused the present King and the Queen-Dowager but this upon search being not found to be a Record upon Oath it was not thought valid Evidence Therefore they proceeded to prove his Subornation of one Clay which was a Witness for the Prisoner at the Trial of the five Jesuits whom now he did not call and of Mr. Smith the School-master of Islington To this end part of Oates's Narative was read out of the Lords Journal wherein he accused this William Smith as concerned in the Plot as endeavouring to vilify the House of Commons c. And then a Certificate was read under Oates's Hand of this Smith's Honesty not three days before the Trial of the five Jesuits whence they would infer he had been tampering with him the which Smith himself being sworn was ready to have deposed but the Ld. Ch. Justice would not admit him to swear that he did forswear himself because such should never have the Countenance of ever being Witnesses again Therefore they proceeded to prove the Subornation of Clay and to this end Lawrence Davenport in whose keeping Clay was in Prison deposed that Sir William Waller and the Prisoner did hang'd for that they could prove him to be a Priest unless he would swear for Oates that he dined with him at Mr. Howards in May which he consented to so he might have his Mony restored that was taken from him saying he had been a Rogue before and did not know what he might be And this another Witness produced swore that Davenport told to him the next day in Prison Then Mr. Howard deposed That Clay was mistaken in his Testimony given at the Trials of the five Jesuits in being July and not May 1678 that he and Oates were at his House about which time there was no question of his being in England Then they read out of Oates's Narrative again wherein he had said how he return'd three or four days after the Consult of April 24 was over observing hence how his own Witnesses contradicted him who had deposed that they saw him here in London the latter end of May. And here the Counsel for the King concluding their Evidence Dr. Oates proceeded with his Defence only shewing out of the Lords Journal a Copy of their Resolve That there was a Plot and of their summoning up before them Thomas Bickley of Chichester for vilifying Dr. Oates and thereupon turning him but out of Commission objecting five things against their Evidence 1. Their Religion A Papist not being a good Witness in a Cause of Religion appealing to the Heavens Which the Ld. Ch. Justice call'd a Common-wealth appeal and bid him to be took away falling very foul upon the poor Doctor But stood in 't that 't was Law and the Lord Cooke's practice quoting Bulstrode's Reports 2d Part 155. He Objected 2. Their Education confessing themselves to be bred up in a Seminary which is against Law quoting 27o. Eliz. cap. 2. and 3. Car. 1. Cap. 2. Which also was over-ruled 3. Their Judgments in Cases of Conscience whereby they own they have Dispensations to swear Lies for the promotion of the Cause 4. It was refused at the Lord Shaftsbury's Trial to suffer the King's Evidence there to be Indicted of Perjury But all this the Ld. Ch. Justice told him was idle and nothing to the Purpose And therefore he went on to sum up his Evidence protesting the Truth of his Evidence and that he was resolved to stand by and seal it with his Blood which the Ld. Ch. Justice told him it was pitty but he should Then Mr. Sol. Gen. summ'd up the Evidence which while he was a doing Dr. Oates beg'd leave to withdraw being weak and ill with the Stone and Gout and having lien in Irons 21 weeks After him the Ld. Ch. Justice summ'd up the Evidence with all the Virulency and Gall his Wit or Malice could assist him And then the Jury withdrawing for about a quarter of an hour deliver'd in their Verdict
one executed the other having a Reprieve The Prisoner then denyed what he had confest in his Examination saying it was false and that he did not know whence Kelloway and Lawrence came nor did they tell him he confess'd he lodged them but that what he had done was ignorantly and that when his Examination was taken he was in a Maze and he did not know what was put down After this the Ld. Ch. Justice briefly summ'd up the Evidence and the Jury brought him in Guilty The Trial of John Fernley Barber at the Old-Baily on Monday October the 19th 1685. THE Prisoner then and there appearing was arraign'd upon an Indictment of High-Treason for harbouring concealing and relieving one James Burton whom he knew to be a Traitor c. to which he pleaded Not Guilty and the same Jury that was for Ring continued To whom the Indictment being read it was opened by Mr. Phips and Mr. Soliciter General and then the Record of the Outlawry of James Burton was produced and the said James Burton being sworn deposed That he came to London out of Monmouth's Army in the West on Wednesday about three Weeks after the Rout that he lodged two Nights with his Wife and then she being acquainted procured him a Lodging at Fernley's where he lodg'd two Nights more and was took there on Sunday Night That he had been gone two Years before being in the Proclamation for being with Rumbold at the Mitre-Tavern within Aldgate That he saw not Fernley till Sunday at dinner and then they discoursed of the Rout of Monmouth's Army Mrs. Mary Burton then swore how she being acquainted with Mrs. Fernley procured a Lodging for her Husband there not thinking him safe at home Then Mr. Reynolds deposed that he took Burton the beginning of August last at Mr. Fernley's House on a Sunday about eight a Clock at Night up one pair of Stairs who was got into the Chimney and tumbled down while he was there with the Soot about him and one pair of Stairs higher he took Fernley for harbouring him who then said he knew not who Burton was After this Burton's Pardon was produced and read whereby he was rendred a Legal Witness Then the Prisoner said he knew nothing of Burton till Sunday at dinner and then he discoursed him about his Escape in the VVest and that after dinner one Mr. Gaunt came to him and told Burton he should get him a Passage in a day or two's time and that he should take no care for Clothes or Money That he designed to have acquainted a Magistrate with his being at his House the next morning and because Gaunt said he would come again he delayed though he himself was a Constable with a design to apprehend them both And to testify his Conversation he called one Mr. William Rush a Distiller who appearing an Officer presently inform'd the Court he was a great Whigg Nay said Mr. Justice Withers if he be a Whigg he cannot be a little one Mr. Rush said Mr. Fernley always demeaned himself well among his Neighbours and was a good sober Man Mr. Justice Withins again reply'd in Scorn A Wapping Man A sober Wapping Man Then Captain Haddock and Mr. Dove were called but refused to come in But Mr. Whittal came in a Plumber who being ask'd if he went to Church answer'd he did constantly Yes said Mr. Justice Withins there were a parcel of them that went constantly to Church Trimingly Mr. Whittal testify'd to Mr. Fernley's sober Conversation and that he went always to Church and he never heard him speak against the Government The Prisoner then added that he was a poor Man and owed Money and he knew there was 100 l. for securing Burton and there was no Gain by concealing him which shew'd he had no design After the Lord Chief Justice then had summ'd up the Evidence the Jury withdrawing brought the Prisoner in Guilty The Trial of Elizabeth Gaunt the Wife of William Gaunt of St. Mary White-Chappel Yeoman at the Old-Baily on Monday October the 19th 1685. THE Prisoner then and there appearing was arraign'd upon an Indictment of High-Treason for harbouring James Burton and giving him five Pounds whom she knew to be a Traytor c. To which she pleaded Not Guilty And the Jury then sworn to try her and Mr. Cornish were these after Mr. Cornish had challenged thirty five Thomas Rawlinson Thomas Langham Ambrose Istead Thomas Pendleton John Grice Thomas Oneby William Clowdsley Richard Holford William Long-boat Steven Coleman Robert Clavel William Long. To whom the Indictment was read and opened by Mr. Phips and Mr. Attorney General And Mr. James Burton being sworn declared how through Keeling he was with Rumbold at the Mitre-Tavern within Aldgate where the killing of the King was discoursed of which he refused to meddle in and never therefore met but that one time but after Keeling had discover'd finding himself in the Proclamation he absconded for two Months and then Mrs. Gaunt procured him a Passage with Rumbold but the Vessel being leakie he durst not venture and so lay hid at his Daughter 's several Months after and then Mrs. Gaunt got him a Passage again and so he got to Amsterdam and she gave him about 5 l. and two Persons more went with him whom she helped away And this he supposes she did for him because her Husband had been with Capt. Walcot and him about seizing of the Tower Then Mary Gilbert Burton's Daughter deposed that Mrs. Gaunt fetched her Father away in order to send him beyond Sea Then Mr. Burton deposed that Mrs. Gaunt came and proffer'd to convey her Husband away c. And then Burton's Pardon was again produced To all which the Prisoner said very little only that she did not know that her Husband was concern'd in the Plot nor would she give any reason why she took so much care to send Burton away but left it to the Jury who after the Lord Chief Justice had summ'd up the Evidence brought her in Guilty The Trial of Henry Cornish Esq before the Lord Chief Justice Jones at the Sessions House in the Old-Baily on Monday October the 19th 1685. THE Prisoner then and there appearing was arraign'd upon an Indictment of High-Treason for conspiring the Death of the late King and Subversion of the Government c. To which after some Complaints he pleaded Not Guilty desiring his Trial might be deferr'd he having had no notice till last Saturday at twelve a Clock and he could get no Friend to him till eight at Night and then he was permitted to speak with no body but in the presence of the Goaler and had been allowed no Pen Ink or Paper The Court here told him he ought to have none without leave given on a Petition preferred by him He said his Children had petitioned the King the Night before to put off his Trial and it was referred to the Judges and that he did not know whether he was committed for High-Treason
the Prisoners Mrs. Gaunt to be burnt and the other 3 to be drawn hang'd and quarter'd which was accordingly executed upon them and Mr. Cornish was hang'd in Cheapside over against Kings-street on Friday October 23 1685. and his Quarters afterwards put up in several Places and his Head upon the Guild-Hall where it stood till the tidings of the Dutch Invasion summon'd it with the other Quarters into the Grave after they had been expos'd in that infamous manner the space of 3 Years The Trial of Henry Baron Delamere in Westminster-Hall before George Lord Jefferies constituted Lord High-Steward on this Occasion on Thursday Jan. 14 1685. THen and there the Court being met the Lord High-Steward's Commission was first read and the Staff being carried between Garter King at Arms and the Gent. Vsher of the Black Rod was with 3 Reverences delivered upon the knee to his Grace and by him redelivered to the Gent. Vsher of the Black Rod to hold during the Service Then Proclamation was made by a Serjeant at Arms for all Persons present except Peers Privy Councellors and the reverend Judges now assistant to be uncovered and for all to whom any Writ had been directed for the certifying of any Indictment before his Grace to bring in the same forthwith After which Sir Edward Lutwich deliver'd in his Writ and Return which were read And then the Lieutenant of the Tower was call'd to bring his Prisoner to the Bar which having done Sir Roger Harsnet Serj. at Arms was called to return the Names of the Peers which he had summoned who were then called over by the Clerk of the Crown and those that appeared were these following who standing up uncovered answered to their Names each making a Reverence to the Lord High Steward Lawrence Earl of Rochester Lord High-Treasurer of England Robert E. of Sunderland Lord President of His Majesties Privy-Council Henry Duke of Norfolk Earl-Marshal of England Charles D. of Somerset Henry D. of Grafton Henry D. of Beaufort Lord President of VVales John Earl of Mulgrave Lord Chamberlain of His Majesties Houshold Aubrey E. of Oxford Charles E. of Shrewsbury Theophilus E. of Huntingdon Thomas E. of Pembroke John E. of Bridgwater Henry E. of Peterborow Robert E. of Scarsdale VVilliam E. of Craven Louis E. of Feversham George E. of Berkley Daniel E. of Nottingham Thomas E. of Plimouth Thomas Viscount Falconberg Francis Viscount Newport Treasurer of His Majesties Houshold Robert Lord Ferrers Vere Essex Lord Cromwell VVilliam Lord Maynard Comptroler of His Majesties Houshold George Lord Dartmouth Master-General of His Majesties Ordinance Sidney Lord Godolphin John Lord Churchill The Lord High Steward then having acquainted the Prisoner with the occasion of this meeting order'd the Bill of Indictment to be read which was done twice at the Prisoner's desire And then the Prisoner deliver'd in his Plea to the Jurisdiction of this Court that he ought to be tried by the whole Body of the House of Peers in Parliament the Parliament still continuing being under a Prorogation and not dissolved and because there was some agitation of the matter concerning this Prosecution upon his Petition in the House of Lords c. To which the Attorny General answer'd that the Plea was not good there never having been so much as any Indictment returned there nor found during the Session of Parliament besides that the Plea was in Paper and English The Prisoner then desired Counsel to put it into Form But it being a Plea against the Jurisdiction no time could be allowed and the Prisoner having no Counsel ready to plead his plea was over-ruled and he pleaded Not Guilty After which the Lord High Steward gave the Charge to the Peers and Sir Thomas Jenner Recorder of London opened the Indictment and Mr. Attorny General the Evidence And then the Lord Howard was first sworn Who gave the same account about the Earl of Shaftsbury's design'd Insurrection as before he had done at the other Trials where he was a Witness to which therefore the Reader is referred The Lord Grey deposed that Cheshire was one of the Places pitch'd upon for the Rising and for that end the Duke of Monmouth went his Progress into those Parts to make his Interest there and that the Prisoner was one he was directed to advise with That after the late King's Death the Duke of Monmouth was at Amsterdam with the Lord Argyle where there was an Account given of the Design that was in Hand of an Insurrection in Scotland and at that time came over to Holland Mr. Crag from Major Wildman to promote and recommend a Reconciliation between the Duke of Monmouth and the Lord Argyle who till that time had acted in separate interests giving some account that Means and Money were prepared This encouraged the Duke of Monmouth to send Capt. Matthews into England to Major Wildman to desire him to acquaint several Persons among whom the Prisoner was one that he was designed to join the Lord Argyle When Crag return'd to the Duke he gave an account that Major Wildman had convers'd with these Persons and that their Opinion was that the Duke should go for Scotland whereby they might know the strength of the Enemy here by their sending to suppress the Rebellion there and also that Major Wildman desired the Duke to bring over with him a Broad Seal to seal Commissions with and to take upon him the Title of King That soon after Crag's return Jones came with a Message to the Duke from England and was sent back shortly after by the Duke with a Letter of Instructions And the Duke intended first to have landed in Cheshire he very much depending upon that County but afterwards considering that the Persons there being of great Quality and Interest in their Country and able to manage it without his Assistance he chose rather to land in the West the Friends he relyed on there not being of that Quality Mr. Nathaniel Wade deposed that at Amsterdam soon after the Death of the late King the Duke of Monmouth and the Lord Argyle had a Consultation together and agreed that at the same time the Lord Argyle made an Insurrection in Scotland the Duke should invade England For which end the Duke sent Capt. Matthews into England to acquaint his Friends among whom he heard the Lord Delamere named to be ready for his Assistance Crag was sent over for Money but could get none and therefore the Duke sent him over again to pawn his Jewels and get what Money he could wherewith he fitted out 3 Ships laden with Ammunition and having before ordered his Friends to repair to their own Countries to be ready he set Sail and landed at Lyme and ordered his March so as that he might most conveniently meet with his Cheshire Friends In pursuance whereof they came to Keinsham Bridge where a Party of the Kings Horse set upon them of whom they took some Prisoners and thereupon thought it advisable not to let the Kings
Army joyn together but to go back and engage those that were already come together which was the reason they did not go over the Bridge Mr. Richard Goodenough deposed that he was beyond Sea with the Duke of Monmouth and that Jones was sent among other Persons to the Lord Delamere to give him notice to be ready and take care he was not seized in Town and that he heard the Duke say that he hoped my Lord Delamere would not break his Promise with him Jones deposed that he went into Holland the latter end of April last and by him Mr. Disney sent a Message to the Duke of Monmouth to desire him to keep to the last Conclusion which he would find in a Letter sent to him by the Crop-hair'd Merchant which Message was that his Friends in England would not by any means have him come for England but that he should continue where he was or if he thought good to go for Scotland they approved of it This Message he deliver'd to the Duke at Amsterdam which put him into a great Passion saying this was Wildman's work who was a Villain and that it was too late to send a Message now for he was resolved for England and Wildman should hang with him or fight for it with him and that he should not think to tye up his Hands by tying up his own Purse Sending another Message by him when he returned for England which was May 22d to Capt. Matthews or major Wildman to desire them to acquaint the Earl of Macclesfield the Lord Brandon and Lord Delamere with his Design of coming for England and that they should repair to their Posts to be ready for him delivering to him a Writing sealed up which he was not to open till he came to Sea which when he opened he found it contained a Signification of the Place wherein was to land and where he was to rendezvous which was Taunton and who were the Persons that were to have notice of it among whose Names was the Lord Delamere's That when he came to London which was May 27th he could meet with neither Capt. Matthews nor Major Wildman who were out of Town and therefore he acquainted Mr. Disney with his errand who promised to take care that it should be delivered Story who was Commissary General under the Duke of Monmouth deposed that on May 28th one Brand told him that the day before Jones was returned out of Holland with a Message to Capt. Matthews but he being absent Disney received it and discoursed that Evening with the Lord Delamere and that my Lord went out of Town that Night with 2 Friends that convey'd him by a By-way through Enfield Chase towards Hatfield That this Brand was kill'd at Keinsham Bridg. That at Shepton Mallot he heard the Duke of Monmouth say that his great Dependance was upon the Lord Delamere and his Friends in Cheshire but he fear'd they had failed him or betray'd him and that he could have been otherwise supply'd but that he had a Dependance upon them Vaux deposed That on May 26th the Lord Delamere sent for him to the Rummer in Queens-street and that the next Night he rid out of Town with him about 9 or 10 a clock at Night and got to Hoddesden about 12 and the next day he brought him to Hitchen and so came back again That my Lord went by the name of Brown and said he was going to see his Son that was sick in the Country Mr. Edlin deposed that on May 27th Mr. Vaux asked him if he would ride with him as far as Hitchen which he promised to do and they set out about 9 that Night and went to Hoddesden one Mr. Brown being in their Company whom he had never seen before but now knew to be my Lord Delamere who told them he was going to see a Sick Child Mr. Panceford depos'd that he was at Mr. Disney's on June 14th last where the Duke of Monmouth's Declarations were a Printing for printing whereof Disney had been Executed and one Joshua Lock was there waiting for some which he said he was to send into Cheshire to one Mr. Brown which he understood to be the Lord Delamere having heard Mr. Disney call him by that Name and Mr. Edlin having told him how he went by that Name when he rid with him to Hitchen But also he had heard that Mr. Vermuyden went also by that name of Brown Mr. Babington deposed that in their Consultations there were Discourses of my Lord Delamere under the name of Brown and once at a Tavern about the latter end of May last when my Lord Delamere was named by one in the Company he was presently catch'd up for it and replied to You mean Mr. Brown That being also at Disney's while the Declarations were a Printing he heard one say a great many of them were to be sent into Cheshire to my Lord Delamere under the name of Brown Mr. Hope Master of the Three-Tuns in Coventry deposed that the Lord Delamere came Post to his House he believed 5 times from the Sunday Sev'night before the Coronation to June 21 following Then Thomas Saxon deposed that on June the 3d or 4th he was sent for by a Man that had but one Hand to my Lord Delamere's House Mere in Cheshire where he came when it began to be dark and was conveyed by the Man that fetch'd him into a lower Room where were my Lord Delamere Sir Robert Cotton and Mr. Crew Offley and they told him that he had been recommended to them by the Lord Brandon who had said he was an honest useful Man and they hoped he would prove so For they had sent to the D. of Monmouth who was in Holland and received an Answer by one Jones which as soon as they had my Lord Delamere came away Post into the Country under another Name and by being conveyed through Moorfields came down to raise 10000 Men for the Duke in Cheshire by June 1. But now they had considered of it and found they could not raise them till Midsummer for that they must have time to raise 40000 l. in that Country to maintain the Men. That they asked him if he would undertake to carry a Message to the Duke that he said he would Whereupon the Lord Delamere gave him 11 Guinies and 5 pound in silver for his Journy After which he hired him an Horse and did deliver the Message That he never had any Concern before with the Ld. Delamere but that the Lord Brandon told him that they must make use of such as he to inform the Country of the time of Rising his acquaintance abounding that way being a publick Trades-man in Middlewich Here the Evidence for the King ceasing the Prisoner was called upon to make his Defence But it beginning to be late the Prisoner begg'd the Court might be Adjourned till the morrow But the Lord H. Steward doubted it could not be done by Law this not being a Trial in full Parliament
where the Case was evident But this Court he took to be of the same Nature though of a Degree higher with the other Ordinary Courts of Judicature where there could be no Adjournment after Evidence given But for satisfaction the Judges were ordered to withdraw to Consult which they did and then the Lords Nottingham and Falconbridge moved that the Peers ought to be the Judges hereof because it concerned their Priviledg and so it was also permitted for them to withdraw And after about half an hour the Judges returned and after an Hour the Peers And then the Ld. Ch. Justice Herbert deliver'd the Opinion of the Judges that this Matter being wholly new to them they could not determin but only tell what the Law was in Inferiour Courts in Cases of the like Nature and the Reason of the Law in those Points and then leave the Jurisdiction of this Court to its proper Judges After which the Ld. H. Steward told them he was the only Judg of that Court and therefore he was to determin it shewing of what ill Consequence the Adjournment of the Court might prove if it should happen to be illegal and therefore he ordered the Prisoner to proceed The Lord Delamere therefore did begin his Defence in Protesting his Innocency and Reflecting on the Loyalty of his Family particularly his Father who had been so signally instrumental in the Restoration of the Royal Family that the late King caused it to be inserted in the Patent which created his Father a Peer which Clause he read out of the Patent to the Court. And as to the Evidence against him he observed that it was all but Circumstantial and by hear-say only except that of Saxon's and therefore he apply'd himself particularly against that and called his Witnesses Mr. Richard Hall testify'd how in 1683 Saxon counterfeited a Letter in the Name of one Richard Hildage to him for 6 l. which he ow'd him and Saxon brought the letter and received the Mony and afterwards Hildage demanded the Mony denying that he ever writ for it Mr. Francis Ling declared how this Saxon received 25 s. at this same Hildage's at Newcastle for Mrs. Wibbram without her order nor did she ever receive any of it Richard Shaw declared how he also forg'd a Letter in William Paugston a Bayliffs Name and sent it to him because he owed him a little Mony Peter Hough declared how Saxon cheated him in making him of a Bond for 20 s. less than was due from Saxon to him reading it false to him at the sealing Edward Wilkinson declared that Saxon hired his Horse June 23d last for only three days at 12 Pence a Day but he never came again nor had he had any satisfaction for his Horse it being supposed this was the Horse he rid into the Rebellion with William Wright said he had dealings with Saxon but never found him so good as his Word Then the Prisoner went off from this part of the Evidence to prove that neither Sir Robert Cotton nor Mr. Offley Crew nor himself were in Cheshire at that time Saxon had sworn he saw them at Mere together And to this end one Billing Margaret Davis Mrs. Sidney Lane Charles Reeves Mr. Ashburnham Sir William Twisden and Mr. Heveningham did all sufficiently testify that Sir Robert Cotton was in Town about that time and some of them being his own Servants that he was never in Cheshire since April 6th last nor never out of London till after June As to Mr. Offley Crew Sir Willoughby Aston declared every day particularly where he was from May 26. to June the 4th on which day he went from Sir Willoughby's House homeward Mr. Gregory and Thomas Kid his Servants testifyed that he went directly Home to Crew-Hall in Cheshire that Night and was not at Mere it not being in his way at all As to the Prisoner himself Mr. Booth one of his Brother's declared that he saw his Brother in Town June 3 4 5 6 and so on to June 10. till he went out of Town himself And another of his Brothers Mr. George Booth said he saw him in Town the 4th And the Lord Lovelace testified that he saw him the 5th of June in the House of Lords at the Lord Macclesfield's Trial against Mr. Fitton After it was thus cleared that none of them 3 were where Saxon had sworn they were at that time the Prisoner shew'd the incredibility of his Evidence and proceeded to give an account of his going down so often and so speedily That the first time he went which was betwixt the Coronation and the fitting of the Parliament was to take Possession of a Lease worth 6 or 7000 l. renewed to him by the Bishop of Chester of whose illness he had notice and this he proved by Mr. John Edmonds who said he was a Witness of his taking possession May 5th and by Mr. Henry who was Attorny and delivered him Possession at the same time And for his going out of Town May 27th the occasion of it was to see a sick Child of his and he went so suddenly and privately because he heard there was a Warrant out to apprehend him But while he was at Mere his Wife sent him an Express that as to the Warrant she hoped it was a Mistake but that his eldest Son was very ill and if he intended to see him alive he must make hast up He came but to his House in Cheshire on Sunday May 31. Whence he came on Tuesday morning June 2d and on Wednesday the 3d he was in Town To prove all this Mrs. Kelsey who was his Servant said my Lord told her there was a Warrant out for him which occasioned his coming and moreover his Childs illness The Lady Delamere his Mother testified the illness of his Child in the Country Mr. Kelsey testified his coming to Mere on Sunday Night and going thence on Tuesday Morning and that he had Letters dated June 4. which gave an account my Lord got to London the Night before And Sir Thomas Millington testified the illness of his Son in Town on May 28. he being sent for to him and remembring the time by the date of his Bills After this the Prisoner summ'd up his Evidence and concluded very handsomly and judiciously his Excellent Defence Then Mr. Sol. Gen. having summ'd up the Evidence and the Lord High Steward speaking a few words to this Point of Law which the Prisoner in his Defence seemed to urge That there is a necessity of two Positive Witnesses to convict a Man of Treason and shewing his Mistake about it The Peers withdrew for about half an hour the Prisoner being taken into a little Room appointed for him at the entrance into the Court and then being returned their appearance was took by a Serjeant at Arms and their Verdict took by the Lord H. Steward Seriatim beginning with the Puisne Peer who all declared the Prisoner Not Guilty upon their Honour's Which the Lord H. Steward acquainted him
Word again That they offered him their Petition to read but he did not think it fit for him to do it and therefore he refused and would not read it but that he went immediately to the King and acquainted his Majesty with it and he commanded him to let them know they might come when they would which he immediately did they said they would go and speak with some of their Brethren that were not far off in the mean time he gave order that they should be admitted when they came and they did in a little time return and went first into the Bed-Chamber and then into the Room where the King was And all this was before they appeared at the Council This was no Evidence Mr. Pollexfen said against the Archbishop because he was not there and nothing had been proved against him as done in Middlesex and for the other 6 Lords the Lord President did not say that this is the Petition that they said they had to deliver to the King Nor did he see them deliver any thing but that is still lest doubtful so that it stands upon Presumption and not upon Proof However the Kings Counsel desired to leave it fairly to the Jury upon this Fact and then therefore the Bishops Counsel desired to be heard in their Defence And First Sir Robert Sawyer in a long and learned Speech told the Jury that the Charge against the Bishops was That they did conspire to diminish the Royal Authority and to this end make a Libel against the King but that the Evidence fell far short of this which only proved that the Bishops in as private and humble a manner as they could presented the Paper to the King which was a Petition to be relieved against an Order of Council which they conceived they were aggrieved by and herein was no Sedition either in the matter or manner of delivering it That it was not to be question'd but that any Subject commanded by the King to do an unlawful Thing or what was against his Conscience might humbly tell the King why he could not obey him And that whereas Mr Attorn Gen. had at first said that the Bishops were not sued as Bishops nor prosecuted for their Religion he could not conceive what they were sued for else the Information being against them for an Act they did as Bishops and no otherwise it being what was their Duty and properly within their Sphere and Jurisdiction That whether therefore they consider'd the Matter of this Petition or Manner of delivering it or the Persons that deliver'd it there can appear no Reason for such an Information against them In the Matter of the Petition he consider'd two Things First the Prayer wherein he shewed there could be nothing of Falsity nor any thing contrary to Law for which reason he said possibly it was left out of the Information as being thought no part of a Libel and so made a deform'd story of it without Head or Tail a Petition directed to no Body and for nothing it being without both Title and Prayer Secondly he considered the Reasons of the Bishops for not complying expressed in it The first whereof is the Declarations of Parliament against the Dispensing Power and the next because it is a Matter of so great Moment and Consequence to the whole Nation that they could not make themselves so far Parties in it For if it be of any effect then by it not only the Laws of the Reformation but of all Religion are suspended and what a mischief that would be to the Church which is under the Care of my Lords the Bishops any one might easily apprehend While Sir Robert was speaking to these things the Ld. Ch. Justice said aside that he must not suffer this They intended to dispute the King's Power in suspending Laws Mr. Justice Powel reply'd to him that they could not avoid that Point because if the King had no such Power which was his Judgment then this Petition could not be Libellous The Lord Chief Justice told him he knew he was full of that Doctrine and because the Bishops should have no occasion to say that he denied to hear their Counsel he would let them talk on till they were weary Then for the Manner of delivering the Petition Sir Robert Sawyer proceeded to shew that from their Evidence it appeared to be in the most private and humble manner Leave being first asked and then given Then for the Persons he shewed that they did no more than what was their Duty and belonged to them the Act of 1 Eliz. cap. 2. making them special Guardians of the Law of Uniformity and of that other Law in his late Majesties Reign where all the Clauses of 1 Eliz. are revived Now in that Statute of 1 Eliz. there is this Clause And for the due Execution hereof the Queen 's most Excellent Majesty the Lords Spiritual and Temporal and all the Commons in this present Parliament assembled do in God's Name earnestly require and charge all the Archbishops and Bishops and other Ordinaries that they do endeavour themselves to the utmost of their Knowledges that the due and true execution hereof may be had throughout their Diocesses and Charges as they will answer before God for such Evils and Plagues wherewith Almighty God may justly punish his People for neglecting this good and wholsome Law By this he shewed that it was plain that the Bishops upon pain of bringing upon themselves the Imprecation of this Act of Parliament were obliged to see it executed and then when any thing comes under their Knowledg especially if they are to be Actors in it that has such a tendency to destroy the very Foundations of the Church as the Suspending of Laws has it concerns them that have no other Remedy to address the King by Petition about it and 't is the Duty of an Officer or Magistrate to tell the King what is Law and what is not he instancing in Cavendish's Case and another in the time of the Lord Hobbart Next to him Mr. Finch spoke briefly recapitulating the King's Evidence and then shewing that this Petition as well for the Matter of it as Manner of delivering it and the Persons by whom it was delivered was no Libel Particularly that the King 's Regal Authority and Royal Prerogative was no way diminished thereby for that the Declaration was founded upon a Dispensing Power which the King could not have Because a Power to abrogate Laws is as much a part of the Legislature which is only in the King and his two Houses of Parliament as to make Laws and a Power to suspend is equal to a Power of abrogating Laws because they are no longer in being as Laws while they are suspended That this was never attempted but in the last King's time which was took notice of and declared against in Parliament in the Years 1662 and 1672 the effect of which was that His Majesty cancell'd the Declaration and declared that it
Penal Laws not being for the future to be drawn either into Consequence or Example caused the Original Declaration under the Great Seal to be cancelled in his presence whereof Himself and several other Lords of the Council were Witnesses The Record of which in the Journal was then read Then his present Majesty's Speech on Novemb 9. 1685 to both Houses was read wherein declaring the Necessity of his Standing Army and requiring a Supply for their Maintenance he says Let no Man take Exception that there are some Officers in the Army not qualified according to the late Tests I will neither expose them to disgrace nor my self to the want of them if there should be another Rebellion to make them necessary to me The Commons Journal being then turned to their Address to the King was then read Wherein after they had thanked him for his Care in the suppressing the late Rebellion they acquaint him that they had considered his Speech and as to that part of it relating to the Officers They do out of their bounden Duty humbly represent to him That those Officers cannot by Law be capable of their Imployments and that the Incapacities they bring upon themselves thereby can no ways be taken off but by Act of Parliament That therefore they are preparing a Bill to indemnify them from the Penalties they have now incurred And because the continuance of them in their Imployments may be taken to be a dispensing with that Law without Act of Parliament the Consequence of which is of the greatest Concern to the Rights of all his Majesty's Subjects and to all the Laws made for the Security of their Religion They therefore do beseech him he would be graciously pleased to give such Directions therein that no Apprehensions or Jealousies may remain in the Hearts of his Subjects After this that forecited Clause of the Statute 1. Eliz. was read and then Mr. Serj. Levinz spoke to this effect That the Charge being for a Libel it ought to be consider'd Whether the Bishops did deliver this Paper to the King of which there has been no direct Proof Publishing he would not talk of because there has been no proof of a Publication or supposing they did deliver it Whether this be a Libel upon the Matter of it the Manner delivering it or the Persons that did it He said it was no Libel taking notice of the disingenuity offered the Bishops in only setting forth part and not the whole Affirming that the Subjects have a Right to Petitioning in all their Grievances That this was a Grievance the Bishops petitioned against it being what the Law neither Common nor Act of Parliament allowed of And therefore the Bishops could not be guilty of the Charge Then Mr. Finch spoke briefly again making a Challenge to shew any one Instance of such a Declaration such a general Dispensation of Laws from the Conquest till 1672. Leaving their Cause upon this Point That to suspend Laws is to abrogate them and that to abrogate Laws is part of the Legislature which Power is lodged in King Lords and Commons To which Sir Robert Sawyer added That he found few Attempts of this Nature in any Kings Reign In the Reign of Henry the 4th there was an Act of Parliament that Foreigners should have a free Trade in London notwithstanding the Franchises of the City After the Parliament rose the King issued out his Proclamation forbidding the execution of that Law and commanding that it should be in suspense till the next Parliament yet that was held to be against Law Then he mentioned another Case upon the Statute of 31. Hen. 8. cap. 8. which enables the King by Proclamation in many Cases to create the Law which Statute was repealed by 1. Edw. 6. cap. 12. That very Act reciting that the Law is not to be altered or restrained but by Act of Parliament Then Mr. Sommers of Counsel also for the Bishops mentioned the Case of Thomas and Sorrel upon the Validity of a Dispensation of the Statute of Edward the 6th touching selling of Wine Where it was the Opinion of every one of the Judges and they did lay it down as a settled Position that there never could be a Suspension of an Act of Parliament but by the Legislative Power Affirming that the Matters of Fact alledged in the Bishops Petition had been proved perfectly true by the Journals of both Houses That there could be no Design thereby to diminish the King's Prerogative because he had none such That the Petition could not be Seditious nor stir up Sedition because it was presented to the King in private and alone False it could not be because the Matter of it is True There could be nothing of Malice because the Occasion was not sought the Thing was pressed upon them and a Libel it could not be because the Intent was innocent and they kept within the Bounds set by the Act of Parliament that gives the Subject leave to petition his Prince when he is grieved Here the Bishops Counsel saying they had done Mr. Attorn Gen. spoke for the King Alledging that the Records produced were nothing to the purpose because they were only Matters transacted in Parliament and not Acts of Parliament That be their Libel never so true yet still it was Libellous That though the Subject may petition the King yet not in such reflecting Terms And though Religion was concerned yet ought not illegal Means he made use of That therefore the Bishops ought rather to have acquiesced under their Passive Obedience till the Parliament met which the King had promised in his Declaration should be in November Then Mr. Sol. Gen. in along Speech added That the Bishops had no right of Petitioning out of Parliament and therefore the Proceedings in Parliament which had been produced were not to the purpose Here Mr. Justice Powel expressed his dislike of this Doctrine aside to the Ld. Ch. Justice who concurred with him Going on to prove from the Statute 1 Hen. 4. that there ought to have been no Complaint made till it had come from the Commons in Parliament that the Law continued so till the 3 Hen. 7. where the Grievance was found that Offences in the Intervals of Parliament could not be well punished and then comes the Statute that sets up the Court of Star-Chamber which yet was abolished by the Statute of the 15 Car. 1. That the Proceedings of Parliament produced were no Declarations of Parliament because never passed into an Act and therefore they are Nullities and cannot be accepted of as any Evidence Here again the Ld. Ch. Justice and Mr. Justice Powel discours'd aside saying he thought to impose upon them but they believed not one word he said Then he appealed to the Case in the 2 Cro. 2. Jac. 1. Where it is asserted That the King may make Orders and Constitutions in Matters Ecclesiastical And the Case of De Libellis Famosis which says in the 5th Report If a Person does a thing
Meetings was upon the account of carrying on the Conspiracy and discoursing about the Condition the Conspirators were in As to the intended Insurrection he said If he could but see a Cloud at big as a Man's Hand he would not be wanting to employ his Interest That the Prisoner also had told him that he intended to take an House near the Tower to place Men in in order to surprize it to that end he held correspondence with some Sea-Captains and that he had been with them at Coffee-Houses Mr. Richard Goodenough deposed That being in company with the Prisoner he had heard him approve of the Design and promise to use his Interest in raising Men and not only to be assisting in the Division allotted him but in surprising the City Savoy c. and in driving the Guards out of Town Then the Prisoner called several Witnesses to invalidate Lee's Testimony Sir Robert Adams testified to a false Report of his about beating three Knights Sir Simon Lewis was called to the same purpose but appeared not James Child could say nothing but that Lee was an Honest Man One Baker was also call'd to testify that Lee would have suborned him against the Prisoner to his Prejudice some Years since of which he had made Affidavit before Sir William Turner But Baker not appearing Sir William Turner was desired to give account of it but it being above two Years since he could not remember such Particulars His Clerk Mr. Tomkins remembred such an Affidavit was made in 1682 which mention'd Mr. Lee but to the best of his remembrance it was returned before the King and Council and he could not give any account of the Particulars Mr. Bateman then desiring to know upon what Statute he was Indicted and being assisted by his Son by reason of his Incapacity making little more Defence the Ld. Ch. Justice of the King's-Bench summ'd up the Evidence and other Prisoners were tried and just before the Jury went out the aforesaid Baker being found with much ado it was obtain'd that he should give in his Evidence which was That Lee perswaded him to intrude himself into the Prisoner's Company and some others and to discourse of State-Affairs by which means he would find a way to make him a Man of which he had made Affidavit before Sir William Turner But this the Court interpreted to Lee's Advantage as if he only thereby designed to make a discovery of the Plot and so have got a further Evidence to corroborate his own reflecting on Baker as a broken Fellow c. After which the Jury withdrawing for half an hour brought the Prisoner in Guilty And accordingly he being brought again to the Bar on Friday following Mr. Recorder sentenc'd him to be Drawu Hang'd and Quarter'd which was executed upon him at Tyburn on Friday Decemb. 18th following The Trial of John Hambden Gent. At the Session's-House in the Old-Baily on Wednesday Decemb. 30. 1685. THen and there the Prisoner appearing and the grand Jury for the County of Middlesex call'd over his Indictment was read which was for High-Treason in conspiring the Death of the late King and raising a Rebellion in this Kingdom To which before Mr. Hambden pleaded he intimated his having been tried for the same Fact above two Years ago and withal gave the Lord Chief Justice to understand that he thought he had as much to say in Point of Law for himself as any Prisoner that ever came before him but that he was resolved to pass by all Pleas whatsoever and cast himself wholly upon the King's Mercy The Lord Chief Justice told him his former Indictment was for High-Misdemeanour but this for High-Treason and therefore a different Fact requiring him therefore to plead Then he pleaded Guilty to the Indictment requesting his Lordship's Intercession for him with the King Which was readily enough granted and the Method he was perswaded to take highly approved as answering the Design of giving Life and Credit to the Fanatick Rlot and gratifying the Importunity possibly of some Great Ones However the dismal Sentence of Death was by Mr. Recorder pronounced upon him due to High-Treason yet not without a shew of Tenderness and some encouragement of an Obligation this brave Person had hereby merited with them This getting a Pardon when nothing else must Books lately Printed and Sold by Jonathan Robinson at the Golden Lion in St. Pauls Church-yard relating to the great Revolutions in England and Scotland 1688 1689. ☞ AN Account of the Reasons of the Nobility and Gentry's Invitation of the Prince of Orange into England Being a Memorial from the English Protestants concerning their Grievances with a large account of the Birth of the Prince of Wales presented to their Highnesses the Prince and Princess of Orange A Collection of Political and Historical Papers relating to the wonderful Revolutions in England and Scotland in 12 Parts from the time of the seven Bishops petitioning K. James the 2d to the Coronation of K. Willian and Q. Mary A Brief History of the Succession of the Crown of England c. Collected out of the Records and the most Authentick Historians written for the Satisfaction of the Nation Wonderful Predictions of Nostredamus Grebner David Pareus and Autonius Torquatus wherein the Grandeur of their Present Majesties the Happiness of England and Downfall of France and Rome are plainly Delineated With a large Preface shewing That the Crown of England has not been obscurely foretold to their Majesties William the 3d and Queen Mary late Prince and Princess of Orange and that the People of this Ancient Monarchy have duly contributed thereunto in the present Assembly of Lords and Commons notwithstanding the Objections of Men of different Extremes A Seasonable Discourse wherein is examined what is lawful during the Confusions and Revolutions of Government especially in the Case of a King deserting his Kingdoms and how far a Man may lawfully conform to the Powers and Commands of those who with Various Successes hold Kingdoms Whether it be lawful 1 In Paying Taxes 2 In personal Service 3 In taking of Oaths 4 In giving up himself to a final Allegiance A Seasonable Treatise wherein is proved That King William commonly called the Conqueror did not get the Imperial Crown of England by the Sword but by the Election and Consent of the People To whom he swore to observe the Original Contract between King and People An Answer to a Paper Intituled The Desertion Discussed being a Vindication of the Proceedings of the late Honourable Convention in their Filling up the Throne with King William and Queen Mary An Exact Collection of the Debates of the House of Commons particularly such as relate to the Bill of Exclusion of a Popish Successor c. held at Westminster Octob. 21. 1680 Prorogued the 10th and Dissolved the 18th of January following With the Debates of the House of Commons at Oxford Assembled March. 21. 1680. Also a Just and Modest Vindication of the Proceedings of the said
nor could ever endure him reviling him as having been a poor Boy found at the Door then a Thresher then a Baily and now a Witness for the King To this end he acknowledged that he spoke to Dugdale on the 20th of September in his Chamber but not alone nor about any thing but a Race to be run that day on Etching-Hill which he proved by the Testimony of his own Servants Nicholas Furness a Dutch-man whose Blunder in his Evidence made the Auditory laugh and George Leigh He produced also Thomas Sawyer a Servant to the Lord Aston and Mr. Phillips Parson of Tixal as to the Reputatiof Dugdale who said little more to disparage him than that he ran away from the Lord Aston and was apprehended and would then have been own'd by my Lord as his Servant which was refused and Six Walter Bagot Mr. Thomas Kinnersley and Sir Thomas Whitgrave being the Justices before whom he was brought affirmed That then he took the Oaths of Allegiance c. and protested he knew nothing of the Plot. Then the Lord Stafford offered to prove further against Dugdale that he had offered Mony to some to swear falsly against his Lordship to this end William Robinson a Worcestershire-man affirmed That about Midsummer was twelve-month Dugdale offered him Mony in London to swear against the Lord Stafford and John Morral a Barber in Ridgley in Staffordshire that he proffer'd him 50 l. in Hand and 50 l. more when the thing was done to swear against Mr. Howard Sir James Symonds Mr. Herbert Aston and several others as concern'd in the Plot And Samuel Holt a Black-smith at Tixal that he proffered him 40 l. to swear that Walter Moor carried Ewers away Then the Lord Stafford proceeded to prove that Dugdale deposed at the Trial of the five Jesuits That he communicated the News of Sir E. Godfrey's Death which was on Saturday to Mr. Sambidge the Tuesday following which Mr. Sambidge denies That he so swore Mr. John-Lydcott a Fellow of King's-Colledg in Cambridg and one Charles Gifford who were present at that Trial and took Notes did testify And Mr. Sambidge denied that he heard of the News till Friday or Saturday or that he was at the Ale-house with Dugdale at all but that he was an ill Man and very abusive especially to the Clergy Then the Lord Stafford proceeded against Dr. Oates objecting against him That when he was examin'd before the Council having named many and not naming the Prisoner he said he had no more to accuse and for the proof of this he call'd Sir Philip Lloyd who remembred nothing of it and appealed to the Lords then present but none could speak to it till at length the Earl of Berkley did say That he remembred in the House of Lords when Dr. Oates was asked If he could accuse any other Person of what Quality soever Oates answered That he had no more in relation to England to accuse but in relation to Ireland he had which was after he had accused the Lord Stafford though before he had accused the Queen Then he called for Mr. Dugdale again and objected further against him That he did depose before Tho. Lane and J. Vernon two Justices in Staffordshire Decemb. 24. 1678. That presently after one Howard Almoner to the Queen went beyond-Seas he was told by Geo. Hobson Servant to the Lord Aston that there was a Design c. Whereas this Hobson was not a Servant to the Lord Aston of three Years after the Almoner went and yet here he says presently But Dugdale explained that his meaning was that Hobson told him there was a Design presently after the Almoner went c. Which was contested but at last submitted to Then Mr. Turbervile was called again and the Prisoner objected against him his deposing to the Year 1673 one day and to 1672 the next whence he concluded him to be necessarily perjured But Sir William Poultney who took his Affidavit related the whole Story which shewed him to be mistaken in the Year which he finding out that Night by a Paper he found came and corrected it himself the next Morning And whereas the Lord Stafford had charged him for a Coward and for running away from his Colours he produced his Discharge from his Captain which certified otherwise Then whereas Turbervile had before deposed that his Lordship was lame of the Gout when he waited upon him in France he declared he had not been lame these forty Years and never had the Gout in his Life and his two Servants Furness and Leigh testified the same for the time they had lived with him and who were with him then in France but denied that ever they saw Turbervile with him And whereas Turbervile deposed That he came to England by Calice he said he came by Diep and produced one Mr. Wyborne who testified the same together with his aforesaid two Servants Again whereas Turbervil deposed That when he came from Doway his Relations were angry with him and the Lord Powis and his Lady he affirmed that he was upon his return received courteously at the Lord Powis's House and by his Relations which was testified by John Minhead one that belonged to the Lord Powis and a French-Man And whereas Turbervile said he was disinherited his elder Brother by another Mother testified the kindness of his Relations towards him and that there was no Estate likely ever to come to him there being so many Heirs before him Finally whereas Turbervile also in his Affidavit had said the Lord Castlemain was at the Lord Powis's at such a time which must be either in the Years 1672 1673 or 1674 he called Mr. Lydcott again to testify he was not in Wales in any of those Years who by his Notes which he confessed he had transcribed out of another Book spoke very particularly to the times only the beginning of 1672 he could not tell how to account for nor did Turbervile ever say positively to a Year So the Lord Stafford being asked if he had any more Witnesses and answering he had three or four the Peers thought it too late to proceed and so adjourned into the Parliament-Chamber and the Commons went back to their House to whom the Lords sent a Message that they had ordered the Prisoner again to the Bar at Ten next Morning The Fourth Day FRiday Decemb. 3 1680. about Ten the Court being sat and the Prisoner at the Bar the Ld. High Steward reminding him how far he had gone and where he left off in his Defence desired him to go on Who called therefore John Porter Butler to the Lord Powis who said That about a Year ago in several places in London he heard Turbervil say that he believed neither the Lord Powis nor the rest of the Lords were in the Plot and the Witnesses that swore against him he believed were perjured and he could not believe any thing of it and that as he hoped for Salvation he knew nothing of it neither directly