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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
lord_n	church_n	day_n	sabbath_n	20,024	5	9.8526	5	false

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

was I had some Discourse of the Army he knew I was in the Army L. C. J. Jones I would have you speak the sense so far as you remember of the Discourse at that time with him Mr. Burton The Sense as far as I remember was That the Army was routed L. C. J. Jones And that you were there Mr. Burton He knew I was there L. C. J. Jones How came he to know you were there Mr. Burton I believe I told him so my self Mr. Just Upon your Oath did he know you fled upon the Account of the Proclamation before Mr. Burton It is like he might know it by others but not by me L. C. J. Jones When were you taken what day Mr. Burton I was taken on Sunday in the Evening I had been four days in London two days at home and two days at his house L. C. J. Jones Did you not see him before Sunday at dinner Mr. Burton My Lord he was in the Shop all Saturday he is a Barber Mr. Just Withins You lay privately at his House all Saturday Mr. Burtons Yes my Lord privately Counsel Call Mary Burton Who was sworn Mr. North How came this man to lodge at Mr Fernley's House can you give an Account and why it was Mrs. Burton Because I thought he was not safe at home and having Acquaintance with Mrs. Fernley lodging pretty near and she being a young Woman and having Children I had Acquaintance going to and fro and we having a close House and no Yard I had the Priviledge of going to dry Linnen there so that we had Acquaintance and a little Familiarity and being acquainted I thought I might have Entertainment there that is all I can say L. C. J. Jones Were you at Dinner upon Sunday Mrs. Burton Yes I was at Dinner L. C. J. Jones What Discourse had they at Dinner Mrs. Burton Indeed I can't say they had any Discourse I was very ill and laid me down upon the Bed and fell asleep L. C. J. Jones You are upon your Oath Mrs. Burton I know I am Sir L. C. J. Jones What Discourse was at Dinner Mrs. Burton Whilst I vvas eating I did not mind Mr. Just Levins You lived close by Why did you ask for a Lodging there Mrs. Burton We do not live close by now I live with my Daughter I have no House now Mr. Just Levins She knew he was Your Husband why should you lodge your Husband at another house than vvhere you lodged your self Mrs. Burton What was it you said my Lord Mr. Just Levins Sure you vvould give the Woman some account vvhy you lodged your Husband at another House than vvhere you lodged your self Mrs. Burton She was not altogether a Stranger and upon the Account of the Proclamation there vvere none of them Strangers L. C. J. Jones For whom did you ask a Lodging Mrs. Burton For my Husband Mr. North. Did you speak with Mr. Fernley himself Mrs. Burton I did not speak with Mr. Fernley himself Mr. North. On Sunday you saw him at Dinner Mrs. Burton Yes I saw him at Dinner Mr. Just Levins Had you any discourse with them about the Proclamation Mr. Att. Gen. About your Husbands going away upon that Proclamation Mrs. Burton An 't please you my Lord my distress was so great that I was hardly in my Senses to discourse with any body but I thank God I am now in my Senses between whiles Mr. Att. Gen. Had you any Discourse with your Neighbours about that Proclamation your Husband vvent avvay upon Mrs. Burton I had not indeed Then Mr. Reynolds vvas svvorn Mr. North Mr. Reynolds What do you knovv concerning Mr. Burton's being lodged at Mr. Fernley's House Mr. Reynolds Tovvards the beginning of August last hearing that there vvere several that vvere in the West lurk'd about Wapping I took the Lieutenant of the Towers Warrant and vve had some intimation that a suspected Person lay at Mr. Fernley's House I vvent on Sunday about eight a Clock at Night and took Mr. Burton in Mr. Fernley's House Mr. Just VVithins You took him there did you Mr. Reynolds I took him there my Lord. Mr. Att. Gen. Did you speak with Fernley before you took Burton Mr. Reynolds I took Burton and Mr. Fernley being Master of the House I wished the Constable to secure him for Harbouring him Mr. Att. Gen. What did Fernley say Mr. Reynolds Says I Mr. Fernley how come you to Harbour Mr. Burton that is in the King's Proclamation he is a Traytor you know says he I did not know it was Mr. Burton but my Wife desired me to lye out of the Chamber where I lay before that a friend of hers might lye there for two or three daies Mr. Att. Gen. Where did you find him Mr. Reynolds He was in a Room up one pair of Stairs up the Chimney and while we were there he fell down the Chimney with all the Soot about him Mr. Fernley vvas then one pair of Stairs higher I desired the Constable to go up to see for him Mr. Att. Gen. Had you no discourse with him about the business of being in the Army with Fernley I mean Mr. Reynolds No my Lord. L. C. J. Did you hear no discourse between Burton and him Mr. Reynolds No my Lord. Mr. Just Withins He was very friendly to lye out of his own Chamber for him Mr. Reynolds They were put in two separate Chambers by the King's direction till they were sent to Newgate Mr. Att. Gen. Did he tell you on Sunday Night that he did not know it was Burton Mr. Reynolds To the best of my remembrance he did so when I brought him to the Tower Mr. Att. Gen. And yet he dined with him on Sunday Mr. Reynolds I looked upon it as an excuse Mr. North. What day was Burton taken Mr. Reynolds It was Sunday Mr. North What time on Sunday Mr. Reynolds Sunday about 8 a Clock at Night he had been in Bed my Lord I believe and before we could get open the door I believe he got out of Bed and went to get up the Chimney Mr. Sol. Gen. Gentlemen you observe in the course of the Evidence that the first Evidence we produce is James Burton now James Burton stood outlawed for Treason and as he stands outlawed he is not a Competent Witness but now to take off that Objection which the Prisoner ought to make but we make it for him we shevv you here a Pardon vvhereby that Outlavvry is discharged so that he stands novv a very legal Witness Mr. Just Withings You understand Gentlemen vvhat Mr. Solicitor mentions The Pardon produced and Read L. C. J. Jones What say you Mr. Fernley My Lord I am charged for entertaining Burton my Lord I knevv nothing of him vvhen he came into my House till Sabbath day at dinner I asked my Wife vvhat time Burton came in she told me he came on Friday Night Saturday vvas a busie day vvith me my Lord on Sunday Morning I got up and

very well these were the very words of Rumsey and with that poor Interest that he had in the World he would join in the Assistance of them for those ends and purposes that were mentioned in that Declaration Then comes Goodenough and he tells you That he came to him in his Parlour when he was Sherriff said Now there was no safety no defence at all by Law all was gone there must be some other course taken for the Law would not sufficiently protect them Why says Mr. Cornish I marvel they are so slow in the City when they are so ready in the Country Ay but says Goodenough again to him there hath been something done in the City this was after the time that the City had been put into several Divisions I don't see there is any Testimony from Mr. Goodenough that Mr. Cornish knew any thing of that but says he There is something done here the Tower is to be seiz'd there is the Magazine and that is to be seized upon and then we shall be able to do something says he I will do what good I can or says he what I can he is not confident whether of these Expressions he did use I will do what good I can or I will do what I can Afterwards he meets Mr. Cornish upon the Exchange here I confess it is not so expresly to be applied to this purpose that it doth fasten directly upon the point in the Indictment but says he How do Affairs go How do our Affairs go says he very well This is the Testimony given against him If this be true notwithstanding Mr. Cornish's protestations of his Innocency sure there is nothing doth more plainly prove this Indictment than this Testimony He says it is Improbable very improbable that I in my circumstances that I should say so it is improbable because Mr. Rumsey had Acquaintance with me for fourteen years together that I have dealt with him for vast Sums and that I should say it in his presence never but once and that Rumsey does say He never heard him speak any thing to that purpose but that one time and therefore it is mighty improbable I should say so But what is the reason says he that this was not discover'd before To this Rumsey gives a very positive answer Truly says he Mr. Cornish I had more Compassion for you than for my self I have suffer'd for it you have not suffer'd for my silence Then Goodenough ought not to be allowed to be a competent Witness because when Mr. Cornish and Bethel were chosen Sheriffs of the City Mr. Cornish was much against receiving Goodenough to be his Deputy and Goodenough must say all this maliciously against him because he so much opposed his being Under-Sherriff to him and Bethel he hath produced several Witnesses to that purpose and they say there was some reluctancy in him to the receiving Goodenough to be his Under Sherriff but it is plain and clear to you all Gentlemen and every body in the City knows that Goodenough was his Under-Sherriff and how well he served him and to what purposes I believe many of you very well know Another improbability is That he should admit Goodenough to come into his Parlour alone a Man that he had so much displeased but if so be he was once against him he did afterwards take him not only to be his Under-Sheriff but employ'd him to be his Attorney and then he might very well admit him into his Parlour alone to discourse of his business as an Attorney and this might fall in among other discourse Gentlemen there are several other Witnesses produced concerning the honesty of his Dealing and the honesty of his Conversation that they have nothing at all to say against but Gentlemen in a popular City where he is and hath been so well known it is a very easie matter to bring millions of Men to give the very same Testimony and certainly he will bring none having the choice of them but such as shall speak in his favour but he speaks in the presence of God he speaks from the bottom of his Heart that he never had any such disloyal Thought entred into his mind Gentlemen Hath no body any sense of the presence of God but Mr. Cornish Hath not Rumsey call'd God to be a Witness to his Oath and Goodenough hath done the like Why is it maliciously against the Life of Mr. Cornish for I don't know he does in the least object any thing against Rumsey that there was ever any displeasure between them two Why should he deliver this Testimony if it were not the Testimony of his heart and that which he says himself he had too long concealed out of the compassion he had for him Gentlemen if a great many Protestations and Asseverations should make a man as innocent as confident no man should die by the Sentence of the Law it is an easie matter for any man to take up the same assurance and confidence that he hath done And for his being such a Church-man as he now pretends himself to be for that is one thing by which he would argue the improbability of the thing and he would have you believe very much of his Loyalty from it Gentlemen all the Evidence he hath given is but of two years standing and since the Tryal of my Lord Russel and such a man as he and many men that were conscious to themselves of their Guilt did think it very fit to purge themselves that way to gain themselves a good opinion that they were Loyal to the Government But it is not deny'd by Mr. Cornish that before that time he did not frequent the Church nor receive the Sacrament Mr. Cornish These seven years my Lord. L. C. J. Jones Who did say so Sure no body said so yet I repeat the evidence truly all you said of that was out of the mouth of Dr. Calamy Mr. Cornish Dr. Calamy came in but lately and his Predecessor Dr. Whitchcot is dead Mr. Justice Withins Sir you were not qualified for your Office if you had not took the Sacrament L. C. J. Jones You did lay aside all your Scruples to Qualifie your self to be Sheriff by receiving the Sacrament which otherwise you could not have been Others that have spoken of your Conversation likewise say That the report was abroad that you were not so Loyal and Firm to the Government as you ought to have been Gentlemen you have heard the Evidence I have done my endeavour to repeat it faithfully if you beleive that he did Promise to Aid or Join or Agree with that Rebellion or Insurrection then you ought to find him Guilty of this Indictment Mr. Cornish I am as innocent as any mortal man Then the Jury withdrew and after a considerable time returned Mr. Cornish My Lord I hope I may have one word Mr. Justice Withins No not till your Verdict Mr. Bar. Gregory No no Mr. Cornish we cann't Mr. Cornish I had a Witness

could or not Mr. Att. Gen. Is there any Accompt between you and Mr. Cornish Mr. Sheppard Yes Sir Mr. Att. Gen. To what sum Mr. Sheppard We were always Trading Mr. Att. Gen. That is very true you were Trading To what value Mr. Sheppard About one or two hundred Pounds Mr. Att. Gen. Who is Debtor Mr. Sheppard I am Debtor Mr. Soll. Gen. Mr. Sheppard since when did you Contract that Debt Mr. Sheppard Since when Sir Mr. Soll. Gen. Ay. Mr. Sheppard I believe it was some six or eight Months ago Mr. Soll. Gen. For what was it Upon what Accompt Mr. Sheppard For Cloth Sir Mr. Soll. Gen. Was there no mony lent Mr. Sheppard Mony lent me Mr. Soll. Gen. Ay Sir Mr. Sheppard No Sir L. C. J. Jones Is the Debt due to Mr. Cornish Mr. Sheppard My Lord the Debt is due to him L. C. J. Jones Or some body for whom he is a Factor Mr. Sheppard I am indebted to Mr. Cornish for whom it is I cant't tell Mr. Soll. Gen. Did you leave word whither you went when you went out yesterday Mr. Sheppard No Sir Mr. Soll. Gen. Which Sub-poena was served first upon you Mr. Sheppard Mr. Cornish's yesterday Mr. Soll. Gen. What time yesterday was it served upon you Mr. Sheppard Presently after I came out of Church in the afternoon Sir L. C. J. Jones What have you to say Mr. Cornish My Lord Mr. Rumsey was pleased to give in his Evidence that I had been at a Consult or Meeting at Mr. Sheppards House where Mr. Ferguson should pluck out a Declaration out of his Bosom and should read it by the Candle and Mr. Sheppard should hold the Candle to him while he read it L. C. J. Jones Do you remember Mr. Cornish was ever at your House Mr. Sheppard At one of those Meeting that was at my House Mr. Cornish came into the House to speak a few words with the Duke of Monmouth or some other I can't be positive in that it is so many years ago and did not stay half a quarter of an hour in the House I came up stairs and went out with him and there was not one word read and no Paper seen while he was there Mr. Just Levins Was Mr. Cornish in the room with the Duke of Monmouth and those others Mr. Soll. Gen. Mr. Sheppard Do you remember that the late Duke of Monmouth the Lord Russel the Lord Gray and Sir Thomas Armstrong were there together and the Declaration read Mr. Sheppard I remember there was a Declaration read Ferguson pull'd out a Declaration out of his shooe he pull'd off his shooe and pull'd it out there Mr. Soll. Gen. Do you remember Mr. Cornish was by any time that night Mr. Sheppard Truly I can't say whether it was that night when the Paper was read but I do positively say that there was no Paper read for he was not looked upon to be of the Company Mr. Ferguson told me positively there is the Duke of Monmouth my Lord Gray my Lord Russel Sir Thomas Armstrong Coll. Rumsey my self and you Mr. Soll. Gen. Who did Mr. Cornish come to speak with when he came to your House Mr. Sheppard Truly I don't know whether it was with the Duke of Monmouth Mr. Soll. Gen. How came Mr. Cornish to know the Duke of Monmouth was there Mr. Sheppard Truly my memory will not call it Mr. Sol. Gen. Did his Coach stand publickly at your Door Mr. Sheppard Whose Coach Mr. Sol. Gen. The late Duke of Monmouths Mr. Shep. No Sir they came all private there was no Coaches at the door that I saw I let none of them in Mr. Sol. Gen. Was Mr. Cornish but once there when the Duke of Monmouth was there M. Shep. But once Mr. Sol. Gen. Did he call the Duke of Monmouth out to him Mr. Just Street How came you to carry him up to the Duke of Monmouth if he were none of the Company Mr. Sheppard Mr. Cornish did go up into the Room and spake with the Duke of Monmouth or some other Person but I think the Duke of Monmouth Mr. Sol. Gen. Do you remember he was there in Company when Coll. Rumsey was there Mr. Sheppard No I can't remember that Mr. Rumsey My Lord when I came to Mr. Sheppard's House Mr. Sheppard came down and fetch'd me up and I deliver'd my message I had to the D. of Monmouth and to the Company and indeed I was not a quarter of an hour there I believe but by that time I had spoke my words some body knock'd at the door and Mr. Sheppard went down and immediately brought up Mr. Cornish into the room without asking a question of any body and when he was come into the room Mr. Cornish said he could not come sooner because he had business and could not stay because there was a Committee for the management of the Charter to meet that night and there was a necessity of his being there because there was never another Alderman in Town and there must be an Alderman there Mr. Att. Gen. Mr. Sheppard Do you remember any thing of that Mr. Sheppard No Sir I doe not remember it I 'll assure you Mr. Sol. Gen. Did you let him in at door Mr. Sheppard No Sir I had word brought me up stairs that Alderman Cornish was below and I went down and brought him up Mr. Sol. Gen. Did you ask for Mr. Cornish to come up Mr. Sheppard I don't remember I did When Mr. Cornish was there there was not above three Persons Mr. Sol. Gen. Who were they Mr. Sheppard There was the Duke of Monmouth and there was Mr. Ferguson and truly I can't tell whether t'other was my Lord Russel or my Lord Gray Mr. Justice Levins You acknowledg now Sir you did carry the Prisoner up to the Duke of Monmouth and those Persons Did you use to carry all Persons up there L. C. J. Jones There was a Cabal of Rebels met together and you go and bring up this man to them without any leave or licence from them which is incredible certainly unless you knew him to be one of the Company and equally engaged with them Mr. Sol. Gen. Mr. Sheppard you say when Mr. Cornish came up there was not half the Company there Had they been there or were not they yet come Mr. Justice Withins Look you Sir it is marvellous how Mr. Cornish if he were none of the Parties should have notice that the Duke of Monmouth was there who came in privately at the back-door and came to speak with him there Mr. Sheppard My Lord I have no back-door Mr. Just Withins He came in privately Mr. Justice Levins Mr. Sheppard I think I heard you say they came privately without their Coaches Mr. Sheppard Yes Sir they had no Coaches Mr. Just Levins They came privately I suppose that no body should know they were there Mr. Sheppard I suppose so Sir Mr. Just Levins Why then did you carry Mr. Cornish up If you were below

vvent to Church when I came from Church I went up to Dinner and when I came in and saw him I asked him vvhat in the name of God brought him there it hath pleased God said he to preserve me hitherto and my Wife interceded so far as to procure me a Nights Lodging vvhich I hope may be no detriment to you I vvish it may not said I and at dinner I asked him hovv he made his escape and he told me hovv he did escape says I vvhat do you mean to do says he some friends vvill procure me a passage beyond Sea upon this I considered with my self and discours'd with him about the West and his Escape out of it about half an hour after we had dined one knocked at the door Mr. Just. Levins What day was this Mr. Fernley Sabbath-day at noon some body knocked at the door and they told me ●here was one would speak vvith me and I came dovvn and there vvas one Gaunt in the Shop says he is Mr. Burton vvithin may I speak vvith him Yes said I up I vvent and Gaunt vvith me and vvhen vve came into the Room they embraced on another and vvere very glad to see one another and Burton gave Mr. Gaunt Thanks for a Guinea he had sent him says Gaunt Mr. Burton I am glad to see you I hope in a little time I shall have a Passage for you beyond Sea says he if you had been here a vvhile sooner you might have gone there are some Gentlemen vvent avvay a vvhile ago says I to Mr. Gaunt Who vvere they he told me it vvas Major 〈◊〉 and his Son and another says I to Mr. Gaunt Do you hear of Ferguson no says he I hear nothing of him as yet but in a little time I may hear from him and Burton asked when he thought he might be going in a day or two's time said he says Burton I have no money nor no cloaths says he take no care for that so he named some Gentlemen that were to go He told him of Colonel Danvers and Major Wildman Upon this Discourse within my self I did consider what way I might do his Majesty a piece of Service I thought it better to forbear and not to seize him presently till I had acquainted some Magistrate and I did think in the morning to have gone to a Justice of Peace and have had him apprehended Burton my Lord I knew was secure for he could not escape my hands I had no design of concealing him I have several eminent Gentlemen to testifie for my Loyalty I thank God I never had an ill Though against His Majesty in my Life only this misfortune hath befallen me upon the account of my Wife I am as innocent as a Child unborn as to any thing against the King L. C. J. Jones But he plainly told you he came from the Army Mr. Fernley He did acquaint me my Lord he did so as soon as I saw him I was startled I did look upon it as a thing sent from God Almighty for I knew my Lord that there was 100 l. for him I knew there was a Proclamation out against him but as for the Outlawry I knew nothing of that a Proclamation I knew there was against him and being a poor man there was no Obligation upon me to conceal him and ruine my self and my Family L. C. J. Jones What was the reason You were so kind as to part with Your own Lodging to entertain him Mr. Fernly My Lord I had fitted my Chamber before he came to the House Mr. Just Withins It is proved you did it upon his Account Mr. Fernley My Lord no body will offer to say that L. C. J. Jones That You quitted Your Lodging and that he came into the same Lodging is clearly proved Mr. Fernley My Lord my Chamber was fitted above a Week before he came not knowing of him for I had no Thoughts of him L. C. J. Jones Pray what Servants have you Mr. Fernley Only a Boy my Lord. L. C. J. Jones Could not you have sent out your Boy when he had discoursed thus treasonably with you but keep him in your House 7 or 8 hours after you had entertain'd him at Dinner Counsel Are you a Constable Mr. Fernley I am a Constable my self and upon the Account of my Office I vvas the more secure I vvas certain he could not escape my Hands and I thought to do his Majesty more Service L. C. J. Jones Hovv could you do His Majesty more Service Mr. Fernley Gaunt told him he vvould come again to him L. C. J. Jones When did he come to you Mr. Fern. About half an hour after dinner L. C. J. Jones But you should have seized him immediately after Dinner How came this man to take so much freedom before you that were an Officer as to talk High-Treason Mr. Fernley My Lord I thank God if I were to dye this minute I never harbour'd a Thought against the King L. C. Baron If you had had a loyal Heart you should have kept Gaunt if you had any thoughts to have done it Mr. Fernley My Lord I will tell you why I let Gaunt go because he promised to come again the next day L. C. J. Jones Would you being a Constable let a man go upon his Word that had confessed himself guilty of Treason Mr. Fernley My Lord if I did any thing it was ignorantly My Lord as for Gaunt when I knew there was a Proclamation out against Danvers and Wildman I hearing Gaunt discoursing about their design I thought promising to come the next day to know how they were to go Mr. Just Levins For God's sake would you trust all this to your own breast If you had had an honest intention you would have gone to some Officers and acquainted them with it some of the King's Justices of the Peace or some of the Privy-Council that such persons would be at your house the next day L. Ch. Baron By your own discourse after you had heard all this discourse and after Burton had told you this you could let him go quietly to his own Chamber If you had such a design as you say you should have first seized Burton Mr. Fernley Another Chamber no he din'd in his Chamber my Lord Mr. Just Withins You went into another Chamber from him Have you any Witnesses Mr. Just Levins They had a confidence in you otherwise Burton and Gaunt would not have talk'd so freely before you L. C. J. Jones There was a great confidence in lodging him in your house being a Constable no body would search a Constable's house Have you any Witnesses to call Mr. Fernley Mr. William Rush Captain Haddock who were call'd L. C. J. Jones Did Burton's Wife dine with you and him Mr. Fernley Yes my Lord. L. C. J. Jones Where did you dine Mr. Fernley In the Chamber my Lord. L. C. J. Jones And was this discourse concerning Monmouth's being beaten in the West at the