Allegiance to the King and his Heirs but also by their several Meetings and Cabals sinee which administer greater suspition from the store of Arms many of them were provided with And for that the same Persons unanimously assembled with Schismaticks and disaffected Persons in the publick reception of James Duke of Monmouth who has appeared a prime Confederate in the late treasonable Conspiracy the concourse of armed Persons then attending him especially in and near several populous Towns in this County where the invited and instigated Rabble in a broad mixture of various Sectaries with superfluous joy and popular noise tumulted on that occasion has had an evil influence upon this yet unsettled Country and brought a terror upon his Majesties good and peaceable Subjects for remedy whereof with relation to the publick Peace and to prevent as far as in us lies the spreading of such contagion as also to wash our Hands from all misprision by concealing proceedings that may encourage greater Evils in other parts of his Majesties Dominions We conceive it expedient that the Principal Persons who promoted the aforesaid Seditious Address and also those who were notorious in consorting aiding and abetting in the Routous reception and entertainment of the said Duke of Monmouth and his Associates in this County together with the frequenters of Conventicles and those that harbour and countenance any Nonconformist Minister or Preacher should be obliged to give security of the Peace And particularly Charles Earl of Macclesfield Richard Lord Colchester Charles Lord Brandon Henry Booth Esq Sr Robert Cotton Knight and Baronet Sr Willougby Aston Baronet Sr Thomas Mainwaring Baronet Sr Thomas Bellat Baronet Sr John Crew Knight Nathaniel Booth Esq Colonel Thomas Leigh junior John Mainwaring of Baddeley Esq Peter Leigh of Boothes Esq Colonel Roger Whitley of Peele And Mr Thomas Whittley his Son Roger Mainwaring of Kiruuntham Esq Tillston Bruen of Stapleford Esq Sr Robert Duckenfield Baronet Thomas Lea of Dernal Esq Mr Robert Hide of Cattenhall Edward Glegge of Grange Esq Richard Leigh of Highleigh Esq Mr Roger Whittley Mr Robert Venables of Winthcombe William Minshall of Namptwith Esq John Hurlston of Newton Esq And Charles his Son And William Whitmore of Thutstaston Esq We present also that all persons not frequenting the Church according to Law are Recusants it being impossible to know the hearts of men for what cause they refuse to come to Church And that all connivance and indulgence in that case is the ready Road to Rebellion Popery and Arbitrary Power And further We desire humbly to present to his most sacred Majesty our repeated Congratulations of Joy for his and his Royal Brother's happy deliverance from the late Treasonable Conspiracy with our assurances that We will with our Lives and Fortunes stand in defence of his sacred Person and Government his Heirs and Lawful Successors To all which we subscribe our Names The Grand Jury T. Grosvenor W. Cotten Edw. Legh Peter Shakerley Tho Warburton Anthony Eyre Hen. Dayies Jo. Dod John Daniel T. Minshall J. Starkey Hen. Meales Rob. Alpart Ran. Dod Edw. Bromley J. Hockenhull Francis Leche Tho. Baruston John Davis Heads of some Informations and Examinations taken upon Oath before a Committee of the House of Lords appointed to inspect Who were the Advisers and Prosecutors of the Murders of the Lord Russell Colonel Sidney Sr Thomas Armstrong Mr Cornish others And who were Advisers of issuing Quo Warranto's against Corporations who were Assertors of the dispensing Power whereof a Report was made by the Right honourable the Earl of Stamford upon the 20th day of December 1689. Also Copies of some other material Papers relating to the Murders and Oppressions perpetrated upon pretence of a Conspiracy against King Charles the second and the Duke of York in the year 1683. MR John Phelps Mr Thomas Morris Mr Peter Hagar Mr Robert Bates Mr Richard Haly Mr Horneby and Mr Crispe Grang all Persons of good value and unspotted Reputation being examined upon Oath in relation to Josin Keeling deposed in substance as follows viz. That Keeling three or four days or a week before his Discovery of the Presbyterian Plot came into their Company at the Fleece Tavern in Cornhill where he appearing to be much disturbed and confused one of their Company enquired of him why he seemed to be so disordered to which he answered that he lay under a great Temptation for he was sent to The Popish Lords were then in the Tower by the Lords in the Tower and some Gentlemen that came to him from them told him his own Party had disobliged him He had as a loose Fellow been cast out by the Congregation to which he belonged and he had now an opportunity to be revenged of them That he could not be insensible of some Persons that designed against the Government and that if he would discover Subornation was at that day carried on by the tender term of discovering he might make himself and his Family That he had great proffers of Money and a Place of 100 l. per annum and might go in a Coach and six Horses to Windsor And that he was to meet those who treated with him again that Night at the Bull-head Tavern near the Tower That upon Keeling's talking at this rate one of the Company askt him why he troubled them with this discourse and told him if he knew any thing against the Government he ought to discover it but if he knew nothing he would do well to keep out of such Temptations and not go to the meeting appointed but he said he would go because he had promised them in the morning that he would meet them again but declared that he knew nothing said that he acquainted them with it because if he should be prevailed upon by Temptation of Money to witness any thing they should be able to witness against him that he had declared that he knew nothing in agitation against the Government and that they should testifie that he was the greatest Rogue and Villain living if he should swear against any Man Mr Phelps in particular deposed That he attended to have testified this at my Lord Russell's Tryal bat was not askt to come in at any of the other Tryals and durst not appear unless desired That he remembers not whether or not he knew of Walcot's Tryal before it was over but that he knew not that Keeling was a Witness against him till after the Tryal was over Mr Morris deposed That he knew not that Keeling was a Discoverer of a Plot till after Walcot's Tryal but believes he acquainted Sr VVilliam Poultney what he heard Keeling say before the Lord Ruse sell's Tryal and also told it to Mr Stevens whereupon he was subpaenaed to that Tryal and went but the Tryal was not till three or four days after the time he was directed to attend That a second Subpaena came the night before the Tryal but he being from home did not
six more of the honourable and most valuable Gentlemen of that County p. 268. Heads of Informations before the House of Lords about the Murders of my Lord Russell Col. Sidney Sr Tho. Armstrong Mr Cornish c. p. 273. An Account of Charters Dispensations and Pardons passed between October 1682 and the late King's Abdication p. 312. Copies of some Papers relating to the fore-going Informations p. 316. Copy of Colonel Sidney's Plee p. 320. The Names of the Grand and Petty Juries return'd upon my Lord Russell p. 324. The Grand and Petty Juries return'd upon Alderman Cornish and Mrs Gaunt p. 328. The Pannel of Jurors returned upon Colonel Sidney p. 331. The solemn dying Declarations of seven Persons executed for the Conspiracy against the Life of King Charles the second and the Duke of York p. 335. REMARKS Upon the Tryal of Mr Laurence Braddon Mr Hugh Speke Upon an Information about the matter of the Murder of the late Right Honourable Arthur Earl of Essex THis Excellent Person and right Noble Peer the Earl of Essex did to say no more equal the best and most deserving of his Contemporaries in zeal and resolution steadily to assert and defend our Religion Laws and Liberties in the day in which they were most highly threatned and most dangerously invaded His Lordship and that sure and never shaken Friend to the right English Government and to the Interest of his Country His Grace the Duke of Bolton then Marquess of Winchester were usually if not always in the Chaire of the secret Committees of the House of Lords which inspected the business of the damnable Popish Plot and which was a Consequent of it the horrid Murder of Sr Edmundbury Godfrey who was made the first Sacrifice to the Popish rage for prying into that Arcanum His Lordship the Earl of Essex added also greatly to his Crimes in being Chaire-man of that Committee of Lords which prepared matters for the Tryal of that great Conspirator Colman the Duke of York's Minion and Secretary And he contracted a further and never to be forgiven Guilt in that soon after the astonishing dissolution of the Parliament in January 1680 and the King's Declaration of his Resolution to hold the next Parliament upon the 21st of March 1680 at Oxford several Noble Lords agreed upon a Petition to advise the King against that Resolution and their Lordship 's pitched upon the Earl of Essex to present it as he did upon the 25th of January 1680 and then made a Speech to his Majesty which deserves eternal Remembrance it was to this effect ☞ That the Lords there present with other Peers observing how unfortunate many Assemblies have been when called remote from London particularly the Congress at Clarendon in Henry the second 's time Three Parliaments at Oxford in the time of Henry the third and the Parliaments at Coventry in Henry the sixth's time with divers others which have proved fatal to those Kings and brought great mischief on the Kingdom And considering the Jealousies and Discontents amongst the People They apprehended the consequences of a Parliament at Oxford might be as fatal to the King and the Nation as those were to the then Reigning Kings and therefore they conceived they could not answer it to God to his Majesty or to the People If they being Peers should not offer him their advice to alter that unseasonable resolution The Petition was to this effect That whereas the King by Speeches and Messages to both Houses had rightly represented the dangers threatning his Majesty and the Kingdom from the Plots of the Papists the sudden growth of a Foreign Power which could not be stop'd unless by Parliament and an Vnion of Protestants That the King in April 1679 having called to his Council many honourable and worthy Persons and declared that being sensible of the evil Effects of a single Ministry or private Advice or foreign Committee for the direction of Affairs That he would for the future refer all things unto that Council and that by their constant advice with the frequent use of the Parliament he was resolved hereafter to Govern They began to hope to see an end of their Miseries But They soon found their expectations frustrated and the Parliament dissolved before it could perfect what was intended for their relief and security And tho' another was called yet by many Prorogations it was put off to the 21st of October past That though the King then acknowledged that neither his Person nor the Kingdom could be safe till the Plot was gone thorow yet the Parliament was unexpectedly prorogned on the 10th of January before any sufficient Order could be taken therein That all their just and pious endeavours to save the Nation were overthrown The good Bills they had been industriously preparing to unite Protestants brought to nought The Witnesses of the Plot discouraged Those foreign Kingdoms and States who by a happy Conjunction with us might check the French Power disheartned even to such a despaire as may induce them to take Resolutions fatal to us The strength and courage of our Enemies both at home and abroad encreased And our selves leftin the utmost danger of seeing our Country brought into utter Desolation That in these Extremities they had nothing under God to comfort them but the hopes that the King touch'd with the Groans of his perishing People would have suffered the Parliament to meet at the day to which it was prorogued and no further interruption should be given to their Proceedings in order to the saving the Nation But that that failed them too for the King by the private suggestions of Wicked Persons Favourers of Popery Promoters of French designs and Enemies to the King and Kingdom * Innuendo Some Body their Names are even at this day worth the knowing lest any of them should creep into their present Majesties Councils without the Advice against the Opinion of the Privy-Council dissolved that Parliament and intended to call another to sit at Oxford where neither Lords nor Commons could be in safety but would be exposed to the Swords of the Papists and their Adherents of whom too many were crept into the Guards That the Witnesses against the Popish Lords and Impeached Judges could not bear the charge of going thither nor trust themselves under the Protection of a Parliament that is it self evidently under the power of Guards and Souldiers The Petitioners out of a just Abhorrence of such pernicious Council which the Authors dared not to avow and their direful apprehensions of the Calamities and Miseries that may ensue thereupon Most humbly prayed and advised That the Parliament might not sit at a place where it would not be able to act with that freedom which is necessary but that it might sit at Westminster This Petition was signed Monmouth Kent Huntington Bedford Salisbury Clare Stanford Essex Shaftesbury Mordant Eure Paget Grey Herbert Howard Delamer This humble Application and most necessary and seasonable Advice found
of Vices and is a prophane lewd debauchee This Keeling is brought in as the first Witness against Mr Bateman tho' his Evidence touch'd him no more in Law than it did every of the Jury-men and it is remarkable Page 1. c. of the true Account c. that in the four Informations which he at several times gave in to Jenkins Mr Bateman is not so much as once named and yet we here find Keeling a witness against him The fore-mentioned bitter and malitious History doth likewise present us at large Page 34. of the true Account c. as it did Keeling's with the Information of Lee the dyer against Mr Bateman therein Lee swears that he told Mr B. a story he had from Goodenough of our Rights and Priviledges being invaded and that some Gentlemen had taken into consideration how to retrive them c. That Mr Bateman thereupon told him he must have a care and speak at a great distance that he was willing to assist if he could see but a Cloud as big as a Man's hand And that Mr B. told him that the Duke of Monmouth told him the said Mr B. that he was glad that he came acquainted with those Protestant Lords and that Mr B. assured Lee that the Duke was very right for the Protestant Interest and that we need not mistrust him And Lee added in that Information That Goodenough told him that they must seize the Tower and take the City and secure the Savoy and Whitehall and the King and the Duke The Case as to poor Mr Bateman was much altered between the time of Lee's giving the foregoing Information and this Tryal for at first the managers were for hanging Goodenough of whom the Author of the True Account pag. 55. saith that he with monstrous Impiety maintained and recommended the Murder of the King and the Duke as a pious design and a keeping of one of the ten Commandments and the best way to prevent shedding Christian Blood rather than Bateman and to that end Lee's main force was then bent against Goodenough but now it being found that Goodenough and the City Juries of that day could hang Alderman Cornish and Bateman and also Sr. Robert Peyton could they have catcht him the story of a Cloud as big as a man's Hand is expatiated and breaks in a dreadful storm upon Mr B. That of the Duke of Monmouth's being right for the Protestant Interest is now mightily improved and Bateman made to have said The Duke would engage in the business and had Honses in readiness c. And that he the said Bateman would take an House near the Tower in order to surprize it c. As matters were at first concerted the Evidence ran thus Goodenough told Lee that they must seize and secure the Tower the City the Savoy Whitehall the King and the Duke Now Lee swears and Goodenough backs him in it that all this discourse of seizing and securing c. proceeded from Mr Bateman To conclude the whole was a hellish Contrivance to destroy the most valuable men of the Age and with them the Protestant Religion and the wicked History I have mentioned is a lying most malitious Libel upon the great and noble Names and Families of the D. of Monmouth the Earls of Bedford Leicester Essex Shaftesbury Argyle and others and also upon the present learn'd Bishop of Salisbury and therefore seeing that Author doth not unwrite it 't is pitty that 't is not condemned to be burnt by the hands of the Common-Hangman And should it receive that deserved Sentence the Executioner is hereby advertised that he may find the Book in Custody unless escaped since the Prince of Orange's Landing and also in Irons it being affixed very fairly bound with a Chain not far from Newgate at Sadlers Hall with an Inscription on the Title Page The Gift of Mr Nott of the Pall Mall Remarks upon the Tryal of the Right Honourable Henry Lord. Delamere upon the 14th Day of January 1685. Before the Lord Jeffryes Lord High Steward on that occasion SOon after the defeat of the Duke of Monmouth in the Year 1685 a Proclamation was issued requiring my Lord Delamere to render himself which his Lordship accordingly did and upon the 26th of July 1685 the Earl of Sunderland Secretary of State committed him to the Tower for high Treason The Parliament sitting in November following the House of Lords began to enquire into his Lordship's case but were quickly after prorogued to the 10th of February following and never sate more The County Palatine of Chester did at that time furnish the Conspirators with as good Juries as could be pack'd in the City of London by Sr John Moore 's Sheriffs as is well known to the right honourable the Earl of Macclesfield my Lord Delamere Sr Robert Cotton and many other eminently deserving Patriots of Cheshire Thither was a Commission of Oyer and Terminer speeded and an Indictment was preferred against his Lordship before Sr Edward Lutwich Chief Justice of Chester and the Bill was readily found against him by a well prepared and instructed Grand-Jury Thereupon his Lordship was brought to Tryal before the Lord Jeffryes High Steward and the following Peers viz. Laurence Earl of Rochester Lord high Treastrer of England Robert Earl of Sunderland Lord President of the Council Henry Duke of Norfolk Earl Marshal of England James Duke of Ormond Lord Steward of the Houshold Charles Duke of Somerset Christopher Duke of Albemarle Henry Duke of Grafton Henry Duke of Beaufort Lord President of VVales John Earl of Mulgrave Lord Chamberlain of the Houshold Aubery Earl of Oxford Charles Earl of Shrewsbury Theophilus E. of Huntington Thomas E. of Pembrooke John E. of Bridgewater Henry E. of Peterborow Robert E. of Scarsdale William E. of Craven Richard E. of Burlington Lovis E. of Feversham George E. of Berkley Daniel E. of Nottingham Thomas E. of Plymouth Thomas Viscount Fanconberg Francis Viscount Newport Treasurer of the Houshold Robert Lord Ferrers Vere Essex Lord Cromwell William Lord Maynard Comptroller of the Houshold George Lord Dartmouth Master General of the Ordnance Sidney Lord Godolphin John Lord Churchill Who being called over and appearing the High Steward began thus My Lord Delamere you stand indicted of High Treason by a Bill found against you by Gentlemen of Great Quality and known Integrity within the County Palatine of Chester the place of your residence and the King has thought it necessary to order you a speedy Tryal My Lord if you know your self innocent do not despond A Complement which Jeffryes never put upon any Man before For you may be assured of a fair and patient hearing and a free liberty to make your full defence He then ordered the Indictment to be read which was to this effect viz. That my Lord D. as a Traytor against King James the second the 14th of April last conspired with other Traytors the deposing and death of the King and did
manner gives more credit to the Relation than as a bare hear-say could have of it self For unless there be a good account given of my Lord 's thus going out of Town it is a kind of necessary presumption that he acquainted him with the Message and if so it can have no other Construction than to be in pursuance of the directions brought him from the Duke of Monmouth Another thing my Lords that renders this matter suspitious is the Name which my Lord assumed a Name by which the Party used to call my Lord which is proved by Babington and Paunchforth Paunchforth tells you that one Lock came for some of the Duke of Monmouth's Declarations for Mr Brown to be sent into Cheshire So that tho' some body else was called by the Name of Browne yet you have had no account given you that there was any other Brown in Cheshire It is very suspitious that if my Lord went into Cheshire under the name of Brown and some came on Brown's behalf for Declarations to be sent into Cheshire and my Lord commonly with that Party went by that Name That will be a great Evidence of his Correspondence with Monmouth I confess my Lords all this while our proof is circumstantial and indeed there is no positive proof but that of Saxon's and here I must confess there are Objections made which I cannot readily answer There is no good account given what reason there was for so many Post-Journeys backward and forward These are matters of suspition But I confess matters of suspition only unless clear positive probable proof be joyned with them will not weigh with your Lordships to convict a Man of High Treason but whether these matters of suspition be such violent and necessary presumptions as tend to fortifie the positive Testimony I must leave that to the consideration of your Lordships The High Steward then concluded saying my Lords There is something I cannot omit taking notice of that one mistake in point of Law might not go unrectified viz. That there is a necessity in point of Law that there should be two positive Witnesses to convict a Man of Treason Without all doubt what was urged by hat learned Gentleman who concluded for the King is true There may be such other substantial Circumstances joyned to one positive Testimony that by the Opinion of all the Judges has been several times adjudged to be a sufficient Proof As in this Case If your Lordships should believe Saxon swears true and shall believe there was that Circumstance of Jone's coming over from Holland with such a Message the 27th of May which is directly sworn in Evidence and what the other Witnesses have sworn likewise that my Lord Delamere went out of Town that Night changed his Name and went an indirect By-Road certainly these Circumstances if your Lordships be satisfied he went for that purpose do necessarily knit the positive Testimony of Saxon and amount to a second Witness Your Lordships are Judges 'T was well for my Lord D. amultitude more that they were so for had his Lordship fallen weshould not have known where they would have stop'd and the High Steward could have made this Evidence to have passed to the cutting off hundreds of Men in the West And if you do not believe the Testimony of Saxon which has been so positively contradicted by divers Witnesses of Quallity The Prisoner ought to be acquitted of this Indictment The Peers having thereupon withdrawn for about half an hour returned and took their Seats and unanimously declared upon their Honours that the Lord Delamere was not Guilty and so his Lordship was most happily delivered and with him the Right Honourable my Lord of Stanford my Lord Brandon Sr Robert Cotton Mr Offley and many other valuable Persons and good Patriots who were lockt up in the Tower and other Prisons in order to their Tryals and Tryal and death in that day were rarely found to be far asunder Thus Saxon one of the vilest Miscreants of human Race had a fair blow at one of the most valuable and deserving Persons of this Generation the Right honourable Henry Lord Delamere Grand-Son of the most worthy and never to be forgotten Patriot Sr G. Booth and Son Heir as well of the Vertues as of the Estate of the incomparably good and great Man Sr George Booth Lord Delamere But when the Villain came to bedetected of Perjury And his Suborners found that the sham would not pass they were ready to wish themselves half hanged that ever they pretended to believe him at all The repeated Imprisonment Vexation and eminent danger of this excellent Person my Lord Delamere and many other honourable highly deserving Patriots of the Vale Royal of England having been promoted and abetted by a Fanatical Presentment or Address of a Grand Jury of Cheshire which bears the Stile of Sr Roger L' Estrange I shall here subjoyn it viz. WE the Grand Jury sworn to enquire for the Body of the County of Chester at the Assizes held in the Common-Hall of Pleas in the Castle of Chester upon Munday the 17th day of September in the 35th year of his now Majesty's Reign and in the Year of our Lord 1683 having heard his Majâ—y's Declaration to all his Loving Subjects touching the treasonous Conspiracy against his sacred Person and Government lately discovered openly read to us in Sessions by order of the Court as well as in our respective Parish Churches by Royal Command and seriously considering the extensiveness of the said Conspiracy and dreadful Consequences thereof had it taken offect since notions of Sedition and Rebellion have been cultivated to such an amazing height that some have not only dared to draw them into practice in their Lives but to propogate them with their latest Breath by Devillish Insinuations of their consistency with Religion and Law We conceive it high time to manifest our Separation from such Persons and Principles their Favourers and Abettors with detestation of that dreadful Climax the Bill of Exclusion Treasonous Association Ignoramus Juries and seducing Perambulations by which the Accomplices advanced towards their intended Assassination Massacre which barbarous design it cannot be imagined that Forty or the Council of any Six durst undertake without confident reliance on Confederate Auxiliaries and not knowing the Latitude of such dire Combinations but heedful of our present charge and duty with the indispensable Obligation the Oaths of Allegiance and Supremacy lay upon all We hold our selves boundin this distempered juncture of Affairs to present that We have strong apprehensions of danger from a dissatisfied party in this Country who not only shewed their defection openly by an Address made to Henry Booth Esq and Sr Robert Cotton Knight and Barronet at the last Election of Knights of the Shire tending to alter the Succession of the Crown with other dangerous and seditious purports giving assurance of standing by them in that design without respecting their Oath of
and engaged to him the King should never let the Paper be seen and said this was the time to gain the King's favour It being long ago Mr Row declared these things as he believes and to the best of his Remembrance Mr Robert Yard being examined declared that the Advertisement concerning the Duke of M. which was put into the Gazete was what was handled in Council the day after the Duke came in It was the giving an Account of what passed betwixt the King and the Duke That he had the Paper either from the Lord Sunderland or Sr Leoline Jenkins John Hambden Esq declared himself thus His Case is so twisted with those of the Noble Persons whose Murders you enquire after that he knows not how to speak of theirs without relating his his own and that he looks upon himself almost as much murdered as any of them by reason of his Sufferings My Lord Russell and Col. Sidney were clap'd up in the Tower after which he was sent for and brought into the Cabinet Council or select number of Lords and askt whether he was of the Council of six so the Lord Howard was pleased to call it He saw there the King the Lord Keeper North and Lord Hallifax there were some others present whose faces he did not fee he does not remember a Clerk with them my Lord Keeper asked some Questions and so did the King He was pressed much to confess he claimed the Liberty as an English-man not to accuse himself he was sent to the Tower and made close Prisoner he was kept in the strictest custody for twenty Weeks when he had been there after the Lord R. was executed and a little before Col. Sidney was executed he had an intimation by a private note that there was an intention to try him for a Misdemeanour he was bailed out upon 30000 l. After this it happened the D. of M. came in and had a Pardon but several coming to see him he spoke some things freely which did not please the Court and at the Old Dutchess of Richmond 's he spoke as if those Gentlemen that were put to Death dyed unjustly Whereupon after the King was told this by a Lady he would have him confess his being concerned in the Plot and a Paper was drawn to that purpose which the King would have him sign which he did A Gentleman viz. Sr James Forbes came to him from the Duke with the Copy of the Paper the Duke had signed to own the Plot as soon as he saw it he said it was a Confession 〈◊〉 the Plot and according to the Law then in practise it would hang him because a Paper had been given in evidence against Col. Sidney upon which he was condemned for if a Paper which was said and not proved to be writ by him could supply the place of a second Evidence then a Paper which could be proved to be written and signed by the D. of M. might much more properly be made use of as his Evidence to hang other People He said he was told by Sr James Forbes that the D. was in a manner forced to do it and perswaded and overborne in it by the Lord H. when Sr James Forbes went back the D. was concerned to madness and said if he lived till next day he would have the Paper again and accordingly he went to the King and told him he could not rest till he had it The King with great indignation threw him the Paper and bid him never see his face more and he believes he did not and so the Duke went away and by that he escaped the Tryal then He was told by Mr Waller who is since dead that the Duke's owning the Plot to the King was the cause of Colonel Sidney's death for the King ballanced before He was after this brought to a Tryal for Misdemeanour and was convicted on the Lord Howard's evidence He pleaded Magna Charta that a Salvo Contenemento but the Court fined him 4000 l. and to Imprisonment till the Fine paid and security for the good Behaviour The King made his choice of putting him in Prison and he was committed to the Marshal's House in the King's Bench where he was ten Months He offered several summs of Money and they answered they had rather have him rot in Prison than he should pay the Fine After this they put him in the Common Prison where he was kept ten or eleven Months very close then they contrive a Writ called a long Writ to reach his Real and Personal Estate whilst he was thus a Prisoner After this he heard a new Witness appeared which was after the defeat of the Duke of Monmouth He was sent Close Prisoner to the Tower by the Lord Sunderland's Warrant and put into such a Room where he had no conveniency and with two of the Rudest Warders in the Tower to lie in the Room with him After seven or eight weeks he was removed to Newgate where he was kept close eleven weeks his Friends offered Money for his Pardon to some in power who were the Lord Jefferyes and Mr Petre the summ was 6000 l. and that was effectual It is not possible for a Man to suffer more than he did By the help of the Money on condition he would plead Guilty to his Indictment he was to come off His Friends advised him to it because it could hurt none there being none living of those called the Council of six but the Lord Howard Whereupon pleading guilty he was discharged paying 3 or 400 l. to Burton and Graham for the charge of his Pardon As for the Subject matter of what he confessed * The designing to rise in Arms to rescue the Laws and Liberties of his Country when threatned with destruction no man will think he ought to be ashamed that thinks my Lord Russell was Murdered And he said this was the way that our Ancestors always took when the Soveraign Authority came to so great a height as may be made out by many instances he said Custom had made this the Law of England and that all Civilized and well governed Nations about us had used the same way Notwithstanding his pleading Guilty he hath been very ready to secure the Kingdom and he was one of the two or three Men that received Letters from Holland of this Revolution And he saith he thinks King William's coming into England to be nothing else but the Continuation of the Council of six and if not he desires to be better informed Being asked by the Lord H. how he came to send his Wife to the Man whom he thought was instrumental in obtaining the Paper which he thought endangered his Life He answered did not he send his Wife to the Lord Jefferies Mr Petre and others who should he send to but to those in power and who could help him but those in power He did not think that the Lord H. struck directly at his Life or that his Lordship had any personal
Trayterous discourses and boastings of the Factious and Malecontent Party which I encounter I mean not Papists for I know not one Person avowedly so about London as tho' the whole Nation were ready as the Men I talk of vainly flatter themselves by a unanimous and universal consent to degenerate and apostatize to Popery and Slavery But Methinks they should be too early and too quick in their expectation that the English Nation should no sooner see the Yoke of the Oppressors in a most wonderful manner broken by the immediate hand of Heaven but it should tamely submit unto nay Court with them the intolerable Yoke of France and that at a Juncture when it is thrown off by a Bigotted Popish Prince who has been for a long time an unhappy Instrument in the hands of the Bloody Tyrant of France to the oppressing and destroying the most antient pure and best Christians upon the Face of the Earth the Vaudois That we have such a Race of Animals walking and that with no more than two Legs apiece amongst us is too well known to be denyed or dissembled and one would think that their Practices which are so grosly evil and eminently dangerous should not be countenanced or defended but which is to be lamented they have their powerful Abettors and Patrons and therefore 't is to be wisht that their Edge may be blunted and their effronted Impudence duely censured Sir As to these Collections if that may be any invitation to your throwing away a very few hours upon their perusal I do assure you that I have made them with all due regard to Truth and am not conscious of one Mistake or untruth in the whole Work my Care in that point has put me to much trouble and some charge for where I doubted I have travelled to receive true and certain Information of matters of Fact and such Materials as I wanted which were upon Record I fetcht from thence and therefore the certainty of matters here told must atone for the want of Method and delighting Language I had the Promise and so I thought assurance of some things at least as valuable as the best things in this Tract can be esteemed to be but some Men are too zealously intent and busie in their private Affairs to be publick-spirited though I remember the time when they were eminently so therefore to touch that Point no further at present I shall only say I have done Vt potui and wish that some other Person who could have done this to more advantage had undertaken the Task I am what I alwayes was and ever will be SIR Your Honourer and most humbly-devoted Servant July 10th 1690. To the Publick-Spirited READER 'T Is not my design in this Address to commend this Pamphlet or to invite Thee to throw away thy time or money upon it for I must tell thee truly that tho' the Matters here treated of are worthy of any Man 's considering and are not to be forgotten yet the Disadvantages and Discouragements which I have been under in compiling the History thereof have been such that when thou goest to read them thou will I doubt meet with disappointment and fall short of the satisfaction thou mayst promise thy self for it will appear short immethodical and very confused but I did my best here is a geat deal of matter brought into a narrow compass and the thing had heen something valuable if some Persons had furnished the Materials which they promised and others had in time found leisure to lend what I at last obtained but they came late to my hand so that I could not methodize what thou here findest better or otherwise than thou seest If thou dislikest the Book upon these or any other Reasons thou mayst let alone and then there 's no Harm done And And after this fair Caution thou wilt buy and read it and the nature of the thing should render it any way grateful and thou canst find in thy heart to employ a little time in a Work of this kind in wich I have quite tired my self I do here present thee with Heads sufficient to fill a Folio viz. The Tryal and Case of him who is the best Pattern for Magistrates in England That of the Right Honourable Sr Thomas Pilkington most happily at this time Lord Mayor of London with the Duke of York wherein a Hertfordshire-Jury gave the Duke 100000 l. Damages His Lordship's Tryal with Bolsworth wherein a Surry-Jury gave the Perfumer 800 l. Damages The Tryal of Sr Patience Ward upon a Pretence of Perjury but in truth for putting the Inscription upon the Monument notifying to the Ages to come that the Papists burnt London The Tryals of Sr Trevor Williams Mr Arnold and Mr Colt with the Duke of Beaufort The Tryal of the Grave and most Pious and highly learned Mr Baxter The two Tryals of the Reverend and eminently learned Divine and incomparable good English-man Mr Johnson the Confessor for the English Liberties The Proceedings between the Duke of York and Mr Covert of Chichester wherein 100000 l. Damages were given to the Duke The Prosecution of Mr Aaron Smith for his honest and undaunted Assistance of Stephen Colledge at Oxford And for his not Witnessing against Colonel Sidney according to the Advice of Sr A. P. The Tryal of Mr Gutch of Bath with a Bishop The Prosecutions and Tryals of Mr Roswel the Minister Mr Whitaker Mr Wilmer Mr Culliford Mr Best Mr Samuel Harris Mr Joseph Brown cum multis alijs My good Friend I have here cut thee out Work and therefore not to detain thee from it I bid thee heartily Farewell The CONTENTS REmarks upon the Tryal of Mr Braddon and Mr Speke in relation to the Murther of the Earl of Essex pag. 1. An Abstract of Proofs made before the House of Lords in relation to the Earl of Exssex's Murder pag. 31. Remarks upon the proceedings in the King's Bench in the Case of Fitz-Harris pag. 52. Heads of the Speeches and Resolves in the Oxford Parliament about Fitz-Harris p. 57. The Protest of the Lords upon the Refusal of the Impeachment against Fitz-Harris p. 64. The Indictment and Plea of Fitz-Harris in the Court of King's Bench p. 67. Tue Arguments upon the Plea p. 75. The Tryal of Fitz-Harris at the King's Bench Bar p. 122. The Libel given in Evidence against Fitz-Harris as it was read to the Jury p. 127. The Examination of Fitz-Harris by Sr Robert Clayton and Sr George Treby p. 149. Remarks thereupon and upon Dr Hawkins his Sham Confession published in the Name of Fitz. Harris p. 153. Remarks upon Mrs Gannt's Tryal p. 159. Mrs Gaunt's Speech p. 166. Remarks upon the Tryal of Mr Joseph Hayes p. 172. A touch of Mr Roswell's Tryal p. 199. Remarks upon Mr Charles Bateman's Tryal p. 201. Remarks upon my Lord Delamere's Tryal p. 217. The Fanatical Presentment of the Cheshire Grand Jury in 1683 against my Lord of Macclesfield my Lord Delamere and twenty
the same entertainment which King Charles the second ever gave to the Councils offered to him in favour of the Protestant Religion and of the true English Government however the honest zeal and undaunted Courage of these Noble Lords made deep impressions upon the Breasts of all true Lovers of the Laws and Liberty of their Country And the Citizens of London in Common-Hall assembled upon the 4th of February 1680. spoke their Approbation of their Loraship's Noble Enterprize in what follows which was agreed upon with a general and loud Acclamation of thousands of Citizens To the Worshipful Slingesby Bethel and Henry Cornish Esquires Sheriffs of London and Middlesex WE the Citizens of the said City in Common-Hall assembled having diligently perused the late Petition and Advice of several Noble Peers of this Realm to his Majesty whose Counsels We humbly conceive are in this unhappy juncture highly seasonable and greatly tending to the safety of these Kingdoms We do therefore make it our most hearty request that you in the Name of this Common-Hall will return to the Right Honourable the Earl of Essex and by him to the rest of the Noble Peers the grateful Acknowledgment of this Assembly By these means and indeed by the whole Course of this Noble Lord's Life which was a steady Course of Exemplary unshaken Vertue and shew'd an unalterable affection to the true Religion and detestation of Tyranny He became insupportable to those whose Study was Mischief and to whom no Person was acceptable but such as they found disposed to betray the Protestant Religion and the Rights of England to their Popish and Despotick Designs and therefore from this time they grew more assiduous to contrive his Destruction The Conspirators well knew that this Great Man had most deservedly acquired a mighty share in the hearts of the People And that as he knew very much of their Designs so that he was not by any arts or allurements to be Cozen'd or tempted to a Complyance therewith therefore as They told the brave Colonel Sidney he must dye that their Plot might live and to avoid the Reproach of bringing the Son to the Block by that very Prince for whom the Father had lost his Head and which is also very probable to prevent his discovery of what he could tell and others knew not They condemn him without a Tryal and in a most barbarous manner Murder him in the Tower But Heaven intending to bring this accursed Assassination of the brave Earl of Essex to light a report of very suspitious Circumstances in relation to that matter was instantly spread and reached the Ears of Mr Braddon a Gentleman of great Integrity and of no less Courage whose honest Zeal prompted him to look into that hellish Intrigue and to endeavour a full discovery of that horrid Villany but that Season not allowing it he and Mr Speke were run upon and with great fury prosecuted in the manner following They were brought to Tryal upon an Information charging them with Subornation and endeavouring to raise a belief that the Earl of Ess did not murder himself The Judges then in Court were The Lord Chief Justice Jeffryes Judge Withens and Judge Holloway The Jury Sr Hugh Middleton a Papist Thomas Harriot Thomas Earsby Joshua Galliard Richard Shoreditch Charles Good Samuel Rouse Hugh Squire Nehem. Arnold John Byfeild William Waite James Supple The King's Council were Attorney General Sawyer Solicitor General Finch Jenner Recorder of London Mr Dolben Mr North Mr Jones Council for the Defendants were Mr Wallop Mr Williams Mr Thompson Mr Freke Mr Dolben opened the Information to this effect That whereas the Earl of Essex upon the 10th of July last was committed to the Tower for Treason and did there Murder himself as was found by the Coroner's Inquisition yet the Defendants designing to bring the Government to hatred the 15th of August conspired to perswade the King's Subjects that the said Earl was Muedered by certain Persons unknown and to procure false Witnesses to prove that he was not felo de se but was Murdereds and that they did malitiously declare in writing that Mr Braddon was the Person that did prosecute the said Murder to the scandal of the Government c. Then the Attorney General brought in Evidence Sr Leoline Jenkins his Warrant for the Commitment of the Earl to the Tower and the Inquisition of Mr Farnham the Coroner taken by this Jury July 14th 1683. viz. Samuel Colwel William Fisher Thomas Godsell Thomas Hunt Natha Mountney Thomas Potter William How Robert Burgoyne Eleazar Wickens Thomas Hogsflesh Henry Cripps Richard Rudder William Knipes John Hudson John Kettlebeater Lancelot Coleson Morgan Cowarne Thomas Bryan William Thackston Richard Cliffe Zebediah Prichard William Baford and Theophilus Carter Which Jury had found that the Earl of Essex was Felo de se Then the Witnesses for the King being called Mr Evans was sworn and the Attorney General suggested that he and old Mr Edwards would prove that Mr Braddon went about and declared that the Earl of Essex was Murdered and that he was the Prosecutor of the Murder but neither of them answered expectation in that matter Mr Evans testified that Mr Edwards told it to him and others for News at the Custom-House that fore-noon of the day of the Earl of Essex his death that his Son said that he saw a Razour thrown out of the Earl's Window That upon the Munday after which was July the 16th Mr Braddon came with Mr Hatsel to his House where Mr Hatsel shewed him the Coroner's Inquisition in Print which having read Mr Evans told Mr Hatsel what he had heard from Mr Edwards at the Custom-House And he said that Mr B. did not concern himself or say any thing though he might hear Mr Evans his discourse with Mr Hatsel he being walking about the Room Mr Evans added that upon the 17th of July Mr Edwards and Mr Braddon found him in a Coffee-House and Mr Edwards then told him that Mr Braddon had been with him examining his Son about a Razour that was thrown out of the Earl of Essex his Window Mr Edwards testified that about ten of the Clock the day of the Earl's death he was informed by his Family and by his Son that same day at noon that his Son came from the Tower about ten of the Clock and said that he had seen the King and Duke and that the Earl of Essex had cut his own Throat and that the Boy saw an hand throw a Razour out of the Window and a Maid in a white Hood came out of the House and took it up and then go in again and that he heard a noise as of Murder cryed out Mr Edwards acknowledged that he told several at the Custom-House the same day what the Lad had declared and that Mr Bradden came not to make enquiry about it till Tuesday the 17th of July before which time he never knew Mr Braddon that he then told him what report the
towards them because they laboured under many Difficulties as the Tide then ran He therefore desired Sr Robert to call Mr B. by the Name of Johnson That they did hope to bring the Earl's Murder upon the Stage before they could any of those in the Tower to a Tryal That Sr H. Capel had told Mr B. that it was a thing too great for him That Mr B. had been at great trouble and charge about it and that as times went he knew few would have undertaken it besides himself Mr Lewis of Marlborough being called by Mr Braddon witnessed That upon the day of the Earl's Death riding within three or four Miles of Andover fifty two Miles from London between three and five in the Afternoon a man told him for news that he heard the Earl of Essex had cut his Throat and that at his going home to Marlborough the next day he told his Neighbours what he had heard the day before and that they thereupon said It was done but yesterday how could you hear it so soon Mr Feilder of Andover witnessed That upon the Wednesday and Thursday of the Week in which the Earl of Essex dyed it was the common talk of the Town of Andover †Note in like manner it was proved in the Tayal of the Lord Stafford that it was reported at a great distance that Sr Edmundbury Godfrey had murdered himself before it was known at London what was become of him that he had cut his Throat that the Women talked of it as they came in out of the Town and that on the Saturday night in that Week the certain news of it came Mrs Edwards the Boys Mother testified that the Boy came from the Tower and told her that he had seen the King c. and that the Earl of Essex had cut his Throat and then wept and further said That he saw a Razour thrown out at the Window and was going to take it up but a short fat Woman came and took it and went in again that he told her all this weeping and crying and never denyed it till after Mr Braddon had been there and then denyed it upon this occasion when Mr B. came his enquiry put them all into a great damp and after he was gone the Boy being then at School her Husband said to her Daughter Sarah Don't you say any thing to your Brother and when he comes in we will talk to him that her Daughter was grievously affrighted thereat and so amazed that so soon as the Boy came in She told him that there had been a Gentleman to enquire about what he had said and that he thereupon said to her Why Sister will any thing of harm come and upon her answering him That She did not know but it might be her Father and the Family might be ruined he then denyed what he had said but at the same time he came to his Mother and cryed he should be hanged this was also acknowledged by the Daughter Sarah Edwards the Boy 's Sister testified what the Boy had declared of seeing the Razour c. And that She told him upon Tuesday the 17th of July that a Gentleman had been there to enquire about it and that the Boy did thereupon ask her whether any harm would come of it and that upon her answering him that She could not tell he did deny what he had declared That Mr B. came again soon after upon the same day and found them all daunted upon their hearing the Boy deny it and Mr Brad. ask'd him about it bad him speak the Truth telling him * Indeed Jovian Hicks many others of our passively Obedient and Non-Resisting Gentlemen of the Cassock have handled many Texts of Scripture at a very unwarrantable rate to decoy Mankind to the foolish Exchange of their glorious title to Freedom for that of Slavery But we have here the first instance of a Man's preaching up the lawfulness of Perjury from the dreadful Judgment of Heaven upon Ananias Sapphira It was a dreadful thing to be a Lyar and bad him read the 5th of the Acts where he would find that two were struck dead for telling a Lye She further testified that Mr Braddon came the next day the Wednesday about noon and that then her Brother probably having read the 5th of Acts did again own that what he had declared ahout the Razour c. was true that Mr Braddon wrote down what he acknowledged and she further confessed that she told the Boy that his Father would be in danger of loseing his Place The matter pinching at this time the Chief Justice to perplex the Cause and divert from the Evidence fell to hectoring Mr Wallop Counsel for the Defendants a Person of great Integrity and Master of more Law than all the Judges then upon the Bench telling him in a most scurrilous manner that he was zealous for Faction and Sedition as every Man was deemed to be at that Conuncture who was so hardy as to stand up in any honest Cause in that Court and impetuous in the worst of Causes and that his Lordship could see nothing in all this Cause but villany and baseness which in truth to an high degree was most evident in the carriage of the Court and Prosecutors of this Cause and that Mr Wallop should not have liberty to broach his Seditious Tenets there Such the asserting the native Rights of English-men were in that day esteemed by the Bene placito Judges of that Court Mrs Burt then produced by Mr Braddon testified That She was present when Mr Braddon came to speak with the Boy and that he said to him if it be true that you have spoken own it for 't is a dreadful thing to be found in a Lye and that Mr Braddon advised him to read the 5th of Acts and that the Boy then said Sir it is true and what I said I will speak before any Justice of Peace in the World and he then told Mr Braddon the whole Story Jane Lodeman a Girl 13. years old called by Mr Braddon declared that she did not know young Edwards and testified that she saw an hand throw a bloody Razour out of the Earl of Essex's Window and presently after heard two Shriekes or two Groans and saw a Woman come out in a White-Hood but did not see her take up the Razour and she added that she presently told all this to her Aunt Here Mr Solicitor was pleased to sport himself with the Girl by way of Dialogue thus Solicitor Was the Razour bloody Girl Yes Solicitor Very bloody Girl Yes Solicitor Are you sure 't was a Razour or a Knife Girl I am sure 't was a Razour Solicitor Was it open or shut Girl It was open Solicitor What colour was the handle Girl Sir I cannot tell I see it but as it flew out Solitior Was it all over bloody Girl No. Solicitor All but a little speck Girl It was very bloody Then Jeffryes finding the
privity is his not declaring the whole truth which he must know for one at a greater distance that saw these Ruffians as they were bustling with the my Lord and heard the bustle did likewise hear one of these in the bustle as it seemed to be and therefore presumed to be my Lord cry out very loud and very dolefully Murther Murther Murther The Centinel who could hear the trampling or indeed the very walking in my Lords Chamber could not but hear this Murther so loud and often repeated It appears by five Cuts in my Lords right hand viz. two upon his fore-finger one upon the fourth-finger another on the little-finger and the fifth about two Inches long in the palm of his right hand that his Lordship in this bustle made great resistance for these Cuts can be supposed to be done no otherwise then by endeavouring to put off the cruel Instrument of his Death The next thing that I should observe which happened the day my Lord dyed and gives us reason to believe the Murther is the Irregularity committed upon the Body before the Jury saw it the Body was strip'd and washed and the Room and Closet washed and my Lords Cloathes carried away tho' all Men know the Body should have remained in its first posture till the Coroners Jury had seen it Sr T. R. as himself saith declared to the Lords that the Body was not stirred from its first posture till the next morning about ten of the Clock To this Sr. Tho. has not sworn for he was not sworn before the Lords and 't is well he has not for herein he is so much mistaken that the contrary can be proved by almost twenty Witnesses had the Body remained in its first posture by my Lords Cravat being cut in three parts the Jury would have plainly seen that his Lordship could not so do it with a Razour And then Secondly they would have perceived the print of a bloody Foot upon my Lord as he lay in the Closet by which it appeared some one had been with the Body in the Closet and several other material circumstances might have been discovered which by the total illegal alteration of the Circumstances of the Body c. were destroyed About three of the Clock in the afternoon that day my Lord dyed some of those bloody men who had been at the Consult met at Holme's House and one of them leapt about the Room as overjoyed and as the Master of the House came into the Room he strikes him upon the back and cryed The Feate was done or We have done the Feate upon which the Master said Is the Earls Throat cut To which the other replyed Yes And further said He could not but Laugh to think how like a Fool the Earl of Essex looked when they came to cut his Throat To destroy the Testimony of this Dorothy Smyth Holms hath produced two Witnesses who by many Witnesses appear to be for-sworn in every part of their Depositions His defence being false his Charge therefore may be concluded true Thirdly and lastly What passed after the day of my Lords Death That very morning several Soldiers which were presumed able to discover what was material with relation to his Death were called together As Meakes then said and enjoyned to secrecy under very severe Penalties About ten of the Clock in the morning the next day the Jury met and were surprized to see all the Ciroumstances of my Lords body changed from what was first discovered After the Jury had seen the naked Body at Hawley's the Coroner adjourned them to a Victualling House in the Tower one of the Jury demanded a sight of the Cloaths but the Coroner was immediately called into the next Room from which returning to the Jury in some Heat he told them It was the Body and not the Cloathes they were to sit upon the Body was there and that was sufficient One of the Jury then said My Lord of Essex was esteemed a very sober sedate and good Man which Bomeney then confirmed saying His Lord was a very pious Man and therefore it was improbable so good a man should be guilty of the worst of Actions Vpon which Hawley told the Jury They were mis-informed in my Lords Character for every man that was well acquainted with my Lord well knew that it had ever been a fixed Principle in him that any man might cut his Throat or any otherwise dispose of his Life to avoid a disho nourable and infamous Death wherefore this Action which they thought unlike him was according to his avowed and fixed Principles This made the Jury the more easily believe that my Lord had indeed done it Some of the Jury were for adjourning their Inquisition to some further day and in the mean time to fend notice to the Earls Relations so that if any thing appeared on my Lords behalf it might be produced Hawley hereupon assured the Jury that they could not adjourn their enquiry for his Majesty had sent one for their Inquisition and would not rise from the Coun. till it was brought him This the Jury believing immediately made all haste possible whereas otherwise they might have been more strict and particular in their Examinations Hawley in answer to this totally denyes all and protests that he was not nigh the Jury in the Victualing-House all the time the Jury sat tho' most of the Jury can say the contrary And as for the suggesting Self-Murder to be my Lords Principle he did protest he did never hear it said till their Lordships in this Committee told him it had been so declared This clearly proves that the pretended Principle of Self-Murder was a forgery of that bloody Party which Murthered my Lord And Hawley pitched upon as the most proper person to corrupt the Jury with the belief of it The backwardness of the then Government to examine this matter and their unjust proceedings against the Prosecution for they discouraged and ruined him who did humbly offer the matter to a judicial consideration tho' no crime or colour of offence was proved against him is further evidence of this Murther The Government turned old Edward's out of his Place for what his Son said in this matter and hereby inverted the old Proverb For here the Sons eating sour Grapes had set the Fathers teeth an edge A poor Soldier was barbarously Whipt after he had been cruelly managed in Prison for only saying That he would not say that he believed the Earl of Essex cut his own Throat But a more barbarous Cruelty is justly suspected to have been committed in the after Murther of several viz. of Meake and Hawley c. to prevent a defection of this Murther Tho' the Government heretofore had received private Intimations and in Print publick Applications for a Pardon and thereupon a promise of a full Discovery and in both these the Duke of York particularly charged as the chief Contriver of this horrid Cruclty yet the then Government would never
Whitehall insomuch that he who had the Power of Life and Death positively declared that he should dye and to prevent his further discovery which he had promised to make he is instantly removed and kept most closely in the Tower where he was most rigorously handled to make him retract his Confession The Conspirators being thus defeated of this hopeful Fanatick Plot calculated for the entertainment of the Oxford Parliament and well knowing that Fitz-H and his Wife could make it out who set them to work and that he was paid 250 l. at White-hall for this Service They came to a resolution that the Parliament must not pry into this mistery of Iniquity however The Parliament being met the House of Commons fell upon it and on Friday the 25th of March 1681. Upon the reading Sr Robert Clayton's and Sr George Treby's Examination of Fitz-Harris Sr John Hotham moved that it might be printed to show the World the devilish Conspiracies of the Papists which motion was seconded by Sr William Jones who said that People had been prevailed upon to believe the Plot not true and that that Examination confirmed the Informations of Otes and Bedloe Sr Francis Winnington added that the Treasonable Paper of Fitz-Harris was to have been sent to many Gentlemen and they to have been seized thereupon as Traytors in a Conspiracy against the King That all was at stake therefore let not our Courage lessen Let us go to the bottom of this business of Fitz-Harris I move he may be impeached of High-Treason and it may be he will relent and tell you all Sr Robert Clayton then said That when F. Harris his Examination was taken at Newgate he told him that he thought he had not dealt ingenuously unless he would tell what Council he had for drawing the Paper and that he had him be ingenuous in the whole matter and he would come and take his further Examination and that F. Harris having promised this he was removed out of their reach into the Tower Wherepon an Impeachment was ordered Sr L. Jenkins commanded to carry it to the Lords and Col. Birch said That we ought all to give God thanks for this discovery of Fitz-Harris next to the first discovery of the Plot. Upon Saturday the 26th of March 1681 the House of Commons being informed that the House of Lords had refused to proceed upon the Impeachment Sr Thomas Lee said That he saw by the Lords refusing the Impeachment no further use of Parliaments That they would be a Court or not a Court to serve a present purpose Then Sr William Jones spoke to this effect Indictments were brought against the Lords in the Tower and yet that was no impediment to their Impeachment in the Lords House but here is no Indictment or Prosecution brought against Fitz-Harris We have an instance fresh in memory Scroggs a Commoner and not indicted at Common-Law yet the Lords without scruple accepted his Impeachment We find the Lords have determined a great point The Lords Spiritual as well as Temporal have voted the refusal of the Impeachment of Fitz-Harris which we own not in this Judicature nor I hope never shall and We are denyed Justice by the Lords Spiritual who have no right to Vote This is a double act of Injustice Let us then Vote That the Commons have a Right to impeach in capital Cases and that the Lords have denyed us Justice in refusing the Impeachment in a Parliamentary way At a Conferrence show how unwarrantable the Lords Actions have been and if the dissolution of the Parl. follows it s the fault of those Men who will not hear our Reasons Sr Francis Winnington backt this Motion and said This Impeachment is not an ordinary Accusation but it relates to our Religion and Property and how the Bishops come to stifle this let God and the World judge If the Lords will vote that the Commons shall not impeach him They may as well vote they shall not be Prosecutors This is a new Plot against the Protestants of which F. Harris is accused and We must not Impeach him In this the Lords say we must not hear it I desire you would come to some Vote you are willing to discover the Plot if you could If our time be short as I believe it is pray come to some Resolution to assert your Right A little while ago when the Duke was presented for a Papist the Grand-Jury was dismissed by the Chief Justice This seems as if the Lords would justifie the Judges Proceedings by their own If no Man doubts our Right pray vote it Sr Robert Howard then spoke to this effect This of Fitz-Harris seems to me to be a more dangerous breath then usual a breath fit to be stifled There is something in this more then ordinary If there be so sacred a respect to common Tryals in Inferiour Courts 't is strange that the House of Commons should be below a Common-Jury It seems the Lords value Fitz-Harris to keep him from us If Dangerfield would speak what he knew nothing of Mercy was too big for him but they hurry Fitz-Harris away to the Tower when he began to confess in Newgate Are you so lost that you have no Mercy left for the Protestant Religion We hear that the French Ambassador had a hand in this Plot which a Jury will not enquire into I must confess that by the carriage of this I have enlarged my suspition for I cannot but suspect unusual ways Something depends upon this Man Sure We must not lay down all Prosecution of the Plot and say that the Protestant Religion shall have no Mercy Fitz-Harris may merit Mercy by Confession and if his breath be stoped by the Lords I am sorry that People will say If it were not for the Lds. F. H. might have discovered all the Conspiracy and the Protestant Religion might have been saved Mr Serjeant Maynard then added We all know what Arts and Crafts have been used to hide the Plot it began with Murder Perjury and Subornation This of Fitz-Harris is a second part of it The Lords deny to receive our Impeachment In effect they make this no Parliament if We are the Prosecutors and they will not hear our Accusation T is strange when their own lives as well as ours are concerned in the Plot When all is at stake We must not prosecute If this be so Holland and Flanders must submit to the French and they run over all This is a strange breach of Priviledge and tends to the danger of the Kings Person and destruction of the Protestant Religion Sr Thomas Player then said This of Fitz-Harris is a considerable confirmation of the former Plot I call it the Old Plot but t is still new upon us when he inclined to discover what he knew he was fetched to White-Hall and sent to the Tower and so We were deprived of all further hopes of discovery and now they stop his Mouth I move therefore That you will declare
Mr Wallop said That they had not had those Instructions that were fit to direct them in drawing the Prisoner's Plea not having prevailed for a sight of the Impeachment or Indictment and that he conceived that by the Law as that Case was upon a special Plea The Prisoner ought to have a Copy of the Indictment Then the Plea was read in these Words viz. Et predictus Edwardus Fitzharris in propria persona sua ven dic quod ipse ad Indictament predict respondere compelli non debet quia dic quod ante Indictament pred per Jur. pred in forma pred compert scil ad Parl. Dom. Reg. nunc inchoat tent apud Oxon. in Com. Oxon. vicesimo primo die Martii anno Regni dict Dom. Reg nunc tricesimo tertio ipse idem Edw. Fitz-harris per Miiites Cives Burgenses in eodem Parl. assemblat nomine ipsor omnium Com. Angliae secundum legem cons Parl. de alta proditione coram Magnat Procerib hujus Regni Angl. in eodem Parl. assemblat impetit fuit quae quidem impetitio in plenis fuis robore effect adhuc remanet existit prout per Record inde inter Recorda Parliamenti remanens plenius liquet apparet Et pred Edw. Fitzharris ulterius dic quod alta Proditio in Indictamento pred per Jur. pred in forma pred compert specificat mentionat alta Proditio unde ipse predict Edw. Fitzharris in Parl. pred modo ut prefert impetit fuit existit sunt una eadem alta Proditio non alia neque diversa quod ipse pred Edw. Fitzharris in Indictamento pred nominat pred Edw. Fitz-harris in Impetitione pred nominat est und eadem persona non alia neque diversa hoc parat est verificare c. Vnde ipse pred Edw. Fitzharris petit Judicium si Cur. Dom. Reg. hic super Indictamentum pred versus ipsum ulterius procedere vults c. The Attorney General then prayed Judgment upon the Plea saying 'T is an insufficient Plea nay 't is no Plea to to bar you of your Jurisdiction Whosoever will plead to the Jurisdiction if he have any Record to plead must produce it in Court and for this matter it will appear a plain frivolous Plea for there is no such matter depending as this Plea alledges Another thing is this They have pleaded no Record at all nor any Impeachment at all For they say he was impeached by the Commons de alta Proditione but that is nought The Plea ought to set forth for what Crime particularly this is no Plea to the Jurisdiction upon that point Vpon an Impeachment or Indictment the King hath his Election to proceed upon which he will This is not only apparently a false Plea but frivolous in it self being to the Jurisdiction For there was never any thing of a Crime so great but the Court of King's-Bench which hath a Soveraign Jurisdiction for Commoners especially could take Cognizance of it The Chief Justice then said Pray consider whether if it be an insufficient Plea and such that no Issue can be taken upon it whether you would not demur to it Consider whether you think fit to demur or to take Issue upon it or reply to it that it may come judicially for our Opinion The King's Council Mr Solicitor Serjeant Jeffryes Sr Francis Wythens and Mr Saunders spoke much to the effect with Mr Attorney and pressed to have the Plea rejected but after much contrasting about the matter the Attorney agreed to demur generally and the Prisoner's Council immediately joyned in Demurrer Then Mr Attorney moved thus I desire your Judgment that the Plea may stand over ruled for a plain fatal Error in is This is a particular Indictment for the framing a most pernicious scandalous Label against the King They to out the Court of this Jurisdiction plead that he was Impeached of high Treason in general Now Pleas to the Jurisdiction ought to be the most certain of any Pleas whatsoever Mr Solicitor added This Plea is neither good in matter nor forme he that pleads an Indictment or Impeachment in another Court must set it forth in the Plea which is not done in this Case and We take that to be fatal to it Mr Williams for the Prisoner then said We hope the Court in this Case will not tye us up presently to argue this matter Mr Attorney sayes he never found that any Plea to the Jurisdiction required a Demurer but was over-ruled or allowed by the Court presently The Precedent in Elliot's Case is full in it He was Indicted for Misdemeanors in the House of Commons he Pleaded this to the Jurisdiction of the Court the Attorney at that time insisted to have it rejected but the Court over-ruled him and put him to demur This is a Precedent Mr Attorney hath not seen The Court in that Case did not tye them up to argue the Plea presently but gave them till the next Term. Here is a Mans Life in question and the Priviledge of Parliament concerned in it We desire a reasonable time in the Case of Plunket you gave him till next Term which is as high a Treason as this I am sure of it Sr Francis Winnington spoke to the same purpose and said This is a Case well worth our taking care of and yours too We hope you will not deny us what time is reasonable Mr Wallop added That he had been an unprofitable Attendant in that Court near forty Years and never saw so swift a proceeding as this which is as swift as lightning That whereas they called it a frivolous Plea he believed the Plea to be of the greatest import that ever those Gentlemen came there about That de Morte Hominis nulla est Cunctatio longa That he humbly prayed a reasonable time to be allotted Then the Lord Chief Justice proposed to the Prisoner's Counsel that he should plead over Mr Pollexfen answered We cannot do it we have considered it and are of Opinion that if we should plead over it would destroy our Plea by doing it we give up the Jurisdiction It is as indifferent to me as any Body to be forced to argue it now but No Body can say they ever saw many Instances of the like nature Therefore pray my Lord let us not go on so hastily with it If you will not give us leave and time to be prepared to argue it you must take it as we are able since we can't have time to make our selves able The Attorney Solicitor General and Sr George Jeffryes vehemently opposed the allowing any time to argue the matter and pressed for present Judgment but after much tugging about it the Court allowed time till the Saturday following Then upon Saturday the 7th of May the Attorney General began saying This is a Plea to the Jurisdiction of the Court and some of our Exceptions are to the form and
the Lords in Tryal and Judgment taken away by an Inferiour Court This being said in general I come to the particular Exceptions made by Mr Attorney to the form of the Plea He insists that this Plea doth not set forth any Record of an Impeachment nor the particular matter of it and compares it to the Case of a Plea of Auter foitz acquit If a Man has been Indicted and Acquitted he may plead it in another Court that hath Jurisdiction of the Cause if again Indicted for the same matter I say I take this to be a very good Plea and that according to the pleading of Auter foitz acquit In pleading a General Act of Parliament We need not set forth the whole Act but refer to the Record In the Case of auter foitz acquit there is an Indictment Proceeding of the Cour upon the Plea a Tryal and an Acquittal and a Record of all this matter and if the party be again Indicted he hath a Record to plead which will shew the whole matter and if he does not plead it 't is his own default But in this Case here is no such Record to plead and there is Mr Attorney's mistake you must in this Case be governed by the Rules and Methods of Parliament which is this the Commons Impeach a Man and bring up the Impeachment to the Lords in general and have Liberty to present Articles after due consideration It is said in this Plea that it is secundum legem consuetudinem Parliamenti you are to take notice of the Law of Parliaments and Customs of Parliaments The second Exception is That it is not said in the body of the Plea that Fitz-Harris is Impeached for this Treason but it comes in only in the Averment As to that we must pursue the Impeachment as it is in the Lords Journal 't is for Treason generally there and 't is said to be secundum Legem consuetudinem Parliamenti which goes to all and there is a Record of it among the Records of Parliament and Mr Attorney hath confessed it by the demurrer And this is the same Treason we do aver in fact which also is confessed by the demurrer Mr Attorney hath fancied an exception of Grammar an Adjective for a Substantive but I take it to be as well as any Man can plead in this case The Prisoner says the Commons Impeached him which Impeachment is still in force before the Lords It is as plain as can be if they did Impeach him then there was an Impeachment it can bear no other sence Another Exception and which was strongly urged is That the King may chuse his Court 'T is no doubt the King may chuse his Court for his own Action but the Impeachment is the Suit of the Commons and that is to be tryed in Parliament and no where else I have offered these Reasons as to the form of the Plea to maintain it As to the Precedents There was the Bishop of Winchester's Case 3 Edw. 3. In Coke's 2 Inst fol. 15 the Record is recited de verbo in verbum It was not an Indictment my Lord Coke says it was a Declaration the Record sets forth that the Bishop was attached to answer the King for that whereas it was ordained Per Ipsum Regem Ne Quis ad domum Parliament summonitus ab eodem recederet sine Licentia Regis And that the Bishop in contempt of the King recessit without his leave The Bishop comes and says Si Quis deliquerit ergâ— dominum Regem in Parliamento aliquo ie Parliamento debet corrigi emendari non alibi in minori Curia Quam in Parliamento c. We find no Judgment given upon this Plea nor would they venture to do it My Lord Coke says It looks as if there was a design to weaken the Parliaments by bringing their Proceedings into Westminster-Hall but they would not do it Then there is the Case of Mr Plowden and others 1st and 2d Phi. and Mar. the Information is this That they were summoned to Parliament and departed without leave of the King and Queen the' they had prohibited that any should depart Mr Plowden pleads a Plea a hundred times as faulty as ours if ours be faulty and yet this Case continued all the time of that Queen and it appearing upon the face of the Information that the Case concerned the Commons the Court would not give Judgment for or against the Commons There is also Elliot's Case 5 Car. There was an Information against my Lord Hollis Sr John Elliot and many more They plead to the Jurisdiction of the Court their Pleae is in a manner as faulty as Plowden's but the Court goes not upon the insufficiency of the Plea but gives Judgment generally that this Court had a Jurisdiction The assault happen'd in Parliament the Words were spoken there and upon the demurrer they gave Judgment upon the whose matter This Judgment was reversed 19 Car. 2. The Judgment was given against these Gentlemen of the House of Commons Their Plea was a Plea in Abatement They thought it a very hard Judgment and were obstinate and would not plead over and Judgment was given for want of a Plea they were fined severely and continued in Execution for the Fines were delivered by the Parliament 16 Car. 1. in the second Impression of Croke's Car. it is said That the House of Commons 19 Car. 2. voted That the Judgment was illegal and against the freedom and liberty of Speech and that the Lords concurred in that Vote And upon the Resolution of both Houses the Judgment was reversed by Writ of Error If in our Case you should give Judgment against the Prisoner's Plea and he should prove obstinate and not plead over and you give Judgment of Death upon him It may come to be a very hard Case if your Judgment should be reversed by Writ of Error in Parliament when the party is dead * Sr Francis Winnington in his Argument added to this that it was agreed by the Lords unanimously that the Judgment was erroneous and that the Parties should be restored to all that they had lost but if this Man should lose his Life by your Judgment what help would there be upon a Writ of Error 20 Rich. 2. Ro. Parl. 12. Rushworth 47.48 A Person presented a Petition to the Commons and something suggested therein amounted to Treason He was Indicted out of Parliaement and found guilty But though he was pardoned because the Commons would not lie under that Precedent of an Invasion of their Priviledge tho' he was a Person without Doors and no more hurt done to him but the prosecution the Judgment was voided Mr Williams then concluded his Argument thus My Lord I have done with my Reasons for the matter and for the form Here is the Life of a Man before you here is the right of the Commons to Impeach in Parliament before you Here is the Judicature of the Lords to
determine that Impeachment before you Here is the Method and Proceedings of Parliament before you and I hope you will proceed no further on the Indictment The Cheif Justice then said Here is nothing of the Commons Right to Impeach before us nor of the Lords Jurisdiction nor the Methods of Parliament in this Case the sole matter is whether this be a good Plea to oust the Court of its Jurisdiction in this matter To which Judge Jones added Here is nothing of any fact done in Parliament insisted on here this is for a thing done without Doors Mr Williams replyed 'T is a hard matter my Lord for the Bar to answer the Bench. Sr Francis Winnington then argued for the Prisoner thus The King's Attorney has demurred generally and if our Plea be well and formally pleaded I am sure all the matter of fact is confessed by the demurrer And upon the matter of fact so agreed the general Question is Whether an Impeachment by the Commons and still depending be sufficient to oust the Court to proceed upon an Indictment for the same offence The Lord Chief Justice said That cannot come in question in the Case Sr Francis Winnington replyed Why my Lord Chief Justice The Question is Whether you have pleaded sufficient matter to oust us of our Jurisdiction Sr Francis Winnington proceeded saying My meaning is the same It is agreed that there were no doubt to be made of the Plea if there had been a particular Impeachment The House of Lords is a Superiour Court to this and a Suit in a Superiour Court may be pleaded to stop the Proceedings of an Inferiour Court and if once the Suit be well commenced in the Superiour Court it cannot after go down to the Inferiour and what is begun in one Parliament may be determined in another So is the Case 4. Edw. 3. N. 16. of the Lord Berkley and those accused of the death of Edw. 2. It was there objected as 't is here that by this means there might be a stop of Justice by the dissolution of the Parliament yet the true answer is That it is presumed in Law that Parliaments will be called frequently according to the Statute 4 Edw. 3.14 36 Edw. 3.10 This Record is well pleaded and could not be otherwise unless Mr Attorney would have us plead what is false the Commons Impeached Fitz-Harris generally and We alledge in our Plea that 't was secundum legem consuetudinem Parliamenti and so 't is confessed by the Demurrer A general Impeachment is good by the Law and course of Parliament Coke 4 Inst 14 15 says What the Law and course of Parliament is the Judges will never intermeddle with We find 11 Rich. 2. Rot Parl part 2. and Rushworth part 1. in the Appendix 51. Tresilian and others were appealed against for Treason the Judges of the Common and Civil Law were called by the King to advise of the matter they all agreed that the Proceedings were neither agreeable to Common or Civil Law But the Lords said it belonged not to those Judges to guide them but they were to proceed according to the Course and Law of Parliaments and no Opinion of theirs should oust them of their Jurisdiction 31 H. 6. Rot. Parl. N. 26. The Judges were demanded whether the Speaker of the Commons during an Adjournment might be Arrested They excused themselves saying That in this great matter they ought not to interpose it being a matter of Parliament In the great Council 1st and 2d Jac. The Judges refused to give their Opinions upon questions put to them about the Vnion of both Kingdoms for that such things did not belong to them but were matters fit for Parliament only Hence I infer that since 't is Pleaded here to be according to Law of Parliaments and Mr Attorney hath acknowledged it that you are fore-closed from meddling further with this Case it being a matter whereof you cannot judge But 'T is objected That if the Impeachment be admitted to be according to the course of Parliament yet 't is so general the Court cannot judge upon it Answer The House of Commons would not Impeach a Man for no Crime The Prisoner's Plea avers that that it was for the same Treason in the Indictment this makes the matter as clear to the Court as if the Impeachment had mentioned the particular Treason 26 Assiz Pl. 15. Stamf. Pla. Cor. 105 A Man Indicted for the Murder of I. S. pleads a Record of Acquittal where he was Indicted for the Murder of I. N. but avers that I. S. in this Indictment is the same Person with I. N. in the other Indictment and it was adjudged a good Plea tho' the Averment seemed to contradict the Record This makes it clear that if an Averment may consist with the Record the Law will allow it Mr Attorney had his Election either to plead Nul Tiel Record Or he might have taken Issue upon our Averment that it was not for one and the same Offence but he has demurred and thereby confessed there is such a Record and confessed the Averment to he true that he was Impeached for the same Crime and that he is the same Person I shall now offer some Reasons in general 1st That when the Commons in Parliament in the name of all the Commons of England have lodged an Impeachment against any Man it seems against natural Justice that any Commoners should afterwards try or judge him for that Fact Magna Charta says That every Man shall be tryed by his Peers or by the Law of the Land This is a way of Tryal by the Law of the Land but not by his Peers for 't would be hard that any Man should come to Try or give Judgment upon a Person who hath been his Accuser before The Lords are here Judges in point of Fact as well as Law the Commoners may come in as Witnesses but not as Judges 2d Reason If an Appeal of Murder were depending before the Statute 3 H. 7.1 The King could not proceed upon an Indictment for the same Fact because the King only takes care that the Offender should not go unpunished but the preferrence was given to the Person more particularly concerned and the King's Indictment must stay till the year and day were out to see whether the Person immediately concerned would prosecute the Suit so says Lord Hales in his Pleas of the Crown Then a Minoriad Majus does the Law so regard the Interest of the Wife or Heir c in their Suit and has it no regard to the Suit of all the Commons of England for manifestly an Impeachment is the Suit of the People and not the King's Suit 3d Reason If this Man be tryed and acquitted here Can he plead this in Bar to the Impeachment it cannot bar that great Court by saying he was acquitted by a Jury in Westminster-Hall and if so contrary to a fundamental Rule of Law a Man shall be twice put in danger of his Life
removed and there they remain to this day nay further to those Impeachments they have pleaded to Issue which is ready for Tryal but in the Case at the Bar there is only an accusation without any further proceedings thereupon I take not this to be such a dangerous Case as the Gentlemen of the other side do pretend for you to determine For I am sure it will be better for the Court to answer if ever they shall be required That they have performed their Duty and done Justice according to their Consciences Oathes than ever to be afraid of any Threats or Bugbeares from the Bar. For would not they by this manner of Pleading put upon your Lordships a difficulty to judge without any thing contained in the Impeachment to guide your Judgment whether the Prisoner be Impeached for the same thing for which he is Indicted May not the Treason intended in this Impeachment be Cliping or Coyning We rely upon the informality and uncertainty of the Pleading only and meddle not with the Question whether an Impeachment in the House of Lords supersedes an Indictment in the King's Bench For We say they have not Pleaded it so substantially as to enable the Court to Judge upon the Question and therefore We pray your Judgment that the Plea may be over-ruled Sr Francis Wythens added I say that this Plea cannot be good to oust this Court of Jurisdiction The Prisoner shall by no means be admitted to averr the intention of the House of Commons before they have declared it themselves and therefore I conceive the Plea to be naught for that reason also for another because the Court in this Case by any thing expressed in the Plea cannot discern or takenotice whether it be the same Treason or not Treason generally alledged in the Impeachment is the Genus and the particular Treason in the Indictment is only a Species And the Averment in the Plea is That the Genus and the Species is the same which is absurd and if allowed tends to hood-wink and blind the Court instead of making the matter plain for their Judgment The Arguments being ended The Chief Justice said We never intended when We assigned four Council to Fitz-Harris that they all should make formal Arguments in one day 't is the first time that ever it was done but because 't is in a Case of Blood We were willing to hear all you could say But I must tell you you have-started a great many things that are not in the Case at all We have nothing to do here whether the Commons at this day can Impeach a Commoner in the House of Lords nor what the Jurisdiction of the Lords is nor whether an Impeachment when the Lords are possessed fully of it does bar the bringing any Suit or hinder the Proceeding in an Inferiour Court but here We have a Case that rises upon the Pleadings Whether your Plea be sufficient to take away the Jurisdiction of the Court as you have pleaded it And you have heard what Exceptions have been made to the form and to the matter of your Pleading We ask you again whether you are able to mend your Pleading in any thing for the Court will not catch you if you can amend it either in matter or form But if you abide by this Plea then We think 't is not reasonable nor will be expected of us in a matter of this Consequence to give our Judgment concerning this Plea presently All the Cases cited concerning Facts done in Parliament and where they have ender voured to have them examined here are nothing to the purpose for We call none to question here for Words spoken or Facts done in the Commons House or in the Lords which takes off the Instances you have given but our Question is barely upon the Pleading of such an Impeachment whether it be sufficient to fore-close the Hands of the Court And we will not precipitate in such a Case but deliberate well upon it before we give our Judgment Take back your Prisoner Upon Wednesday May 11th Fitz-Harris was again brought to the Bar and the Attorney moved for Judgment on the Plea and The Chief Justice thus delivered the Opinion of the Court Why Mr Fitz-Harris you have pleaded to the Jurisdiction of the Court that there was an Impeachment against you by the Commons before the Lords and you do say that that Impeachment is yet in force and by way of Averment that this Treason whereof you are Indicted and that whereof you are Impeached are one and the same Treason And upon this the Attorney for the King hath demurred and you have joyned in demurrer And we have heard the Arguments of your Counsel and have considered of your Case among our selves and upon full consideration and deliberation concerning it and all thath hath been said by your Counsel And upon conference with some other of the Judges We are three of us of Opinion that your Plea is not sufficient to bar this Court of its Jurisdiction my Brother Jones my Brother Raymond and my self are of Opinion your Plea is insufficient My Brother Dol-been not being resolved but doubting concerning it And therefore the Court does order and award that you shall answer over to this Treason Thereupon he pleaded Not guilty and the Court appointed his Tryal to be upon the first Thursday in the next Term. Upon Thursday the 9th of June 1681. Fitz-Harris being brought to the King's Bench Bar the Court ordered the Jury to be called and Major Wildman being returned upon the Jury and appearing The Attorney General demanded whether he were a Freeholder in Middle sere He answered I was a Parliament Man and one that voted the Impeachment against this Person and dare not serve upon this Jury and he was set aside as not being a Freeholder John Kent being called said that he was no Freeholder and the Chief Justice declared that then he could not be sworn of the Jury Then Gites Shute Nathaniel Grantham Benjamine Dennis Abraham Graves Henry Jones and Isaac Heath were set aside as not being Freeholders And the Jury sworn were Tho. Johnson Lucy Knightley Edward Wilford Alexander Hosey Martin James John Vyner William Withers William Clenve Tho. Goffe Ralph Far Samuel Freebody John Lockyer Then the Indictment was read comprising several Treasonable passages in a Libel called The true English-man speaking plain English Then Mr Heath as Counsel for the King opened the Indictment and the Attorney General enlarged upon it and called the Witnesses Mr Everard testified that he and Fitz-Harris became acquainted in the French King's Service and F. Harris invited him to frame a Pamphlet to reflect upon the King and gave him Heads and Instructions tending to it and told him that he should have forty Guineas and a Monthly Pension which should be some thousand Crowns Fitz-Harris then demanded of Everard Whether he was not put upon this to trapan others which Everard answered with this question Can you mention any
Henry 6th time Sr Philip Lloyd and Mr Bridgman Clerks of the Council then testified that Fitz-Harris acknowledged the Paper of Instructions given to Everard to be his own hand-writing The Prisoner then called his Witnesses and Dr Otes testified that after the Business was talked abroad he discoursed Everard about the Libel and asked him what the design of it was and he told him it was to be Printed and sent by the Penury Post to the Protesting Lords and leading Men of the Commons and they were to be taken up as soon as they had it and to have it found about them And that Everard told him the Court had a hand in it and the King had given Fitz-Harris Money already and would give him more if it had success Sheriff Cornish was then called and the Prisoner demanded of him what the King said to him when he came to his Majesty from him from New-Gate whether the King did say Fitz-Harris was employed by him and received any Money and what for The Sheriff answered when I gave his Majesty an account that I found the Prisoner disposed to make a Discovery he was pleased to tell me he had often had him upon Examination and could make nothing at all of what he did say or discover to them and that he had for near three Months before acquainted him that he was in pursuit of a Plot and the King did say That in as much as he made great Protestation of Zeal for his Service he did Countenance and give him some Money Mr Attorney seeming to be under a surprize at this Evidence demanded of the Sheriff whether the King ever declared that he saw Fitz-Harris in his Life or that he ever was in his Presence Mr Sheriff answered yes The Attorney said Ay! but did the King say he ever saw him before he was Arrested for this Fact The Sheriff replyed yes his Majesty said he came to him about three Months before and pretended he would discover a great Plop to him Then the Prisoner called Colonel Mansel and demanded what he heard Sr William Waller say after the Discovery was made Colonel Mansel testified that he heard Sr W. Waller say that when he had acquainted the King with this business he told him he had done a great piece of Service and gave him thanks but that Sr William was no sooner gone but two worthy Gentlemen told him that the King said he had broken all his measures and he would have him taken off one way or another And Colonel Mansel added that Sr William said That the design was against the Protestant Lords and the Protestant Party Serjeant Maynard upon hearing this declared that he did not doubt that it was against the Protestaut Party Mr Hunt being called by the Prisoner said that Sr W. Waller told him and others That the King gave him particular thanks for detecting Fitz-Harris but that he was told by two Gentlemen of undoubted Credit that heard the King speak it that his Majesty was in extream Passion and said He would give any thing to take him out of the World that he was an insufferable vexation to him and that he had broken all his measures and that Sr William said the same at Oxford in the prefence of Sr Philip Harcourt and of my Lord Radnor's Son Mr Roberts and did also say it was a design to make these Papers Evidences of Rebellion and that this was the Counter part of Dangerfield's Plot and that he hoped he would not deny it if he be asked here he is Sheriff Bethel then testified that Everard told him he wrote the Libel and that before Everard knew him or heard him speak a word in his days he put in an Information of Treason against him at the instigation of his Mortal Enemy and it was so groundless that tho' it was given in three years ago he never heard a word of it till Friday last Mrs Wall was then called by the Prisoner he demanded of her whether he had not conveyed some Libels and Treasonable Papers to the King by her means and received Money upon that account but she would not acknowledge it He then asked her whether it was not about Christmas was twelve Month that he gave her the Libel about the King and her Lady and the King thanked him extreamly and he had 250 l. given him and he said to her Come Mrs Wall don't think to trick me out of my Life can you deny that I had the 250 l. speak had I the 250 l. Mrs VVall answer'd That was not the Question you ask's me at first There was 250 l I think it was 200 or 150 or 250 l. you know it was not for any Libel you once told me you could bring in People to the King and Duke's Interest that were very considerable and the Secretary of State desited to know who they were and you named one Thomas Merry and my Lord Howard of Escrick and the Secretary desired me to get him in if I could Fitz-Harris then demanded of her whether he did not come to her the Wednesday before he was taken and tell her he desired to speak with the King and that he had a Libel to present to him Mrs Wall answered No it was the Thursday you desired me to bring you to the Speech of the King which was a thing you never desired before and you said you believed you could say something to him that might do him Service but she denyed that he said any thing to her of the Libel Upon further questions put to her she said that Fitz-Harris was never admitted to the King and that the King never took notice of him or spoke to him by her means and that the Money was paid for the bringing of my Lord Howard who came first to her two years ago and whether it be a year and an half since his Lordship met with the King she said she could not tell Mr Cowling declared That Mrs Wall told him that the second or third night before he was taken Fitz-Harris came to her to bring him to the King but she asked him why he did not go to one of the Secretaries and he said that he could not do that without being taken notice of and that she then said to him Write down your Business and I will carry it to the King and he said No I will not do that and that she thereupon replyed I must then beg your pardon if I don't bring you to the King My Lord Howard then testified That about ten or fourteen days before the Sitting of the Parliament in October last Fitz-H applyed to him in the King's name to have him wait upon the King but that he declined it and that he then pressed his Lordship to wait upon the Dutchess of Portsmouth and when he came to her he found the King there his Lordship added that if the 250 l. were given for bringing him thither he feared the King did not think he deserved it That
advantage thereat and would not hear me when I had called to mind that which I am sure would have invalidated their Evidence and tho' he granted some things of the same nature to another yet he granted it not to me my Blood will be also found at the Door of the Vnrighteous Jury who found me Guilty upon the single Oath of an Outlawed man for there was none but his Oath about the Money who is no legal Witness tho' he be pardoned his outlawry not being recalled and also the Law requires two Witnesses in point of Life and then about my going with him to the place mentioned it was by his own Words before he could be Outlawed for it was two Months after his absconding and tho' in a Proclamation yet not high Treason as I have heard so that I am clearly murdered by you and also bloody Mr Atterbury who so insatiately hunted after my Life and tho' it is no profit to him yet through the ill-will he bore me left no Stone unturned as I have ground to believe until he brought me to this and shewed favour to Burton who ought to have dyed for his own Fault and not to have bought his Life with mine And lastly Richardson who is cruel and severe to all under my Circumstances and did at that time without all Mercy or Pity hasten my Sentence and held up my Hand that it might be pronounced all which together with the great one of all * * King James the second by whose Power all these and multitudes of more Cruelties are done I do heartily and freely forgive as done against me But as it s done in an implacable mind against the Lord Christ his Righteous Cause and Followers I leave it to him who is the Avenger of all such Wrongs and hath said I have raised up one from the North and he shall come upon Princes as upon Morter and as the Potter treadeth Clay Isa 41.25 He shall cut off the Spirit of Princes and be terrible to the Kings of the Earth Psal 76.12 And know this also that though you are seemingly fixed and because of the Power in your Hands and a weighing out your Violence and dealing with despightful Hand because of the old and new hatred by impoverishing and by every way distressing those you have got under you yet unless you secure Jesus Christ and his holy Augels you shall never do your business nor your Hands accomplish your Enterprizes for he will come upon you er'e you are aware and therefore O that you will be wise instructed and learn is the desire of her that finds no Mercy from you Elizabeth Gaunt Postscript SVch as it is you have it from her who hath done as she could O is sorry she can do not better hopes you will pitty and cover weakness shortnese and any thing that is wanting and begs that none may be weakned or humbled at the lowness of my Spirit for God's design is to humble and â—baseus that he aloâ—â— may be exalted in this day and I hope he will appear in the needful time and it may be reserved the best Wine tall last as he hath done for some before me none goâ—â—â— to Warfare at his own charge and the Spirit bloweth not only where but when it listeth and it becomes me who have so often grieved quenched and resisted it to wait for and upon the motions of the Spirit and not to murmur but I may mourn because through want of it I honour not my God nor his blessed Cause which I have so long loved and delighted to love and repent of nothing about it but that I served him and it no better Remarks upon the Tryal of Mr Joseph Hayes at the King 's Beath upon an Indictment of high Treason for corresponding with Sr Thomas Armstrong MR Hayes was brought by Habeas Corpus upon the 3d of November 1684 from the Gatâ—â—house and was arraigned upon an Indictment to this effect viz. That he being a false Traytor against the King c the 31st of August in the 31th Year of the King knowing Sr Thomas Armstrong to have constired the death of the King and to have sted for the same did traytorously relieve comfort and maintain him and for his Relief and Maintenance did pay the sum of 150 l. against the duty of his Allegiance c. To this he pleaded Not Guilty Upon the 21st of November 1684 He was brought to Tryal before the Lord Chief Justice Jeffryes Judge Holloway Judge Wythens and Judge Walcot and the Jury being called he prudently challenged the following Persons which if he had not done it is more than probable that he had dyed as poor Colledge did at Oxford Sr Thomas Griffith Richard Ellis Thomas Langham Henry Whistler Nicholas Smyth Thomas Soper Tho. Passenger Henry Minchard Peter Jones William Crowch Peter Devet Henry Lodes William Pownes Charles Gregory William Peele Richard Weedon Thomas Pory Tho. Peircehouse Richard Burden John George John Steventon Robert Watkins George Twine Thomas Short Robert Townshend James Bush Walter Mastors Thomas Larkham Edward Cooke William Fashion John Flowerdew John Greens John Grice Charles Fowler and James Smyth In all 35. The Jury sworn were Samuel Sheppard Daniel Allen Rowland Platt Adam Bellamy Daniel Templeman William Dewart Edward Pigget Tho. Brailesford Edward Cheeke Edw. Vnderwood Robert Masters William Warren It is likely that he would have challenged one if not more of the last four but that he had challenged the number of 35. before these four were called and the Law allowed him not to challenge more Then the Indictment being read Mr Dolben as Counsel for the King opened it to the Jury Mr Attorney General then enforced the Charge thus After Sr Tho. Armstrong had fled the Prisoner relieved and aided him with Money and that after he was Indicted and sued to the Exigent besides a Proclamation followed upon his flight which was a sufficient notice to all the King's Subjects Sr Thomas went by the Name of Henry Laurence beyond Sea by that Name the Prisoner held a Correspondence with him and sent him a Letter dated the 21st of August and tells him he had sent him a Bill of Exchange for 165 l. drawn upon his Brother Israel Hayes who was acquainted with Sr Thomas If it were not for these receiving and nourishing of Traytors they would not lurk at Amsterdam as they do The Letter was taken about Sr Thomas and we shall prove it is the Prisoner's Hand-writing and that Sr Thomas received the Money I hope you will take care But like good Men they took all the care they could to stop the Fountain of Blood that to the scandal of the Nation had too long issued from the Old-Bayly by Convicting this Gentleman to stop the Fountain that issues so much supply to these Traytors that lurk abroad Mr Hayes then affirmed that he never knew Sr Thomas in his life Then the Indictment against Sr Thomas was read which was
found the 12th of July and Mr Glover proved a Copy of the King's Proclamation against Sr Thomas dated the 28th of June 1683. Then Ezekiel Everis was sworn and testified that in August 1683 he was at Cleve in Germany with the Lord Grey who went by the name of Thomas Holt and Sr Tho. A. came thither by the Name of Mr Henry Laurence and shew'd him a Bill of Exchange from England upon Mr Israel Hayes in Amsterdam for 160 l. odd Money and that it was for 150 Guineas paid in England and he told him it was drawn by Joseph Hayes and it was signed Joseph Hayes and the Bill was accepted and he saw Israel Hayes his Letter to Sr Thomas by the Name of Laurence which mentioned the sending the said sum to Cleve The Common Serjeant Crispe then delivered a parcel of Letters into the Court and swore that he received them of the Lord Godolphin and they had been ever since in his hands The Lord Godolphin then testified that he received three Letters produced in Court from Mr Constable Mr Chudley's Secretary who told him they were taken about Sr Thomas that one of them without any Name mentioned 150 Guineas returned to Henry Laurence Constable testified that he was present when the Scout of Leyden apprehended Sr Tho. A. and that the Letters were taken out of his Pocket and he himself delivered them to Mr Chudley who sealed them up and sent them by him to the Lord Godolphin Charles Davis testified that taking Boat from Amsterdam to Rotterdam he met Israel Hayes and Sr Tho. A. coming to take Boat and Sr Thomas went with him in the Boat and he told him his Name was Henry Laurence Davis added that he lodged a Month in one Briscowe's House at Amsherdam where there was a Club every Thursday There were Mr Israel Hayes Mr Henry Ireton one Wilmore Emerton Dare and some other English Merchants and he heard them several times abuse the King at the Table The Attorney General then shewed Mr Hayes a Letter saying It may be he will save us the labour of proving it but Mr Hayes disowning it Mr Walpoole was called and Mr Hayes said he was my Servant and went away after a rate that possibly would not be allowed Walpoole testified that he served Mr Hayes almost four Years and three quarters and did believe the Letter to be Mr Hayes his hand Mr Hayes said My Lord in matters of Treason I hope you will not admit of comparison of hands and belief for Evidence The Chief Justice answered Yes no doubt of it Mr Hayes replyed It has not been so in other Cases that have not been Capital as particularly in the Lady Carr's Case The Chief Justice said that is a mistake you take it from Algernon Sidney but without all doubt it is good Evidence Judge Wythens said Comparison of Hands was allowed for good Evidence in Colman's Case Mr Hayes answered That with submission vastly differs Those Letters were found in his own Custody This was not found in my possession but in another Man's and in another Nation Sr John Trevor Counsel for the King said This Gentleman was a Trader with the East-India-Company and made Contracts with them which are entred in their Books We will compare them with the Writing in this Letter The Common Serjeant then called Harman and Brittle and demanded of them where the Books were and they produced them Harman testified that he knew Mr Hayes and that he made several Contracts in 1683 and that he saw him in September 1683 subscribe his Hand to a Book of the Companies shewn to him Brittle testified that he is Porter in the Street to the East-India-Company and that he saw Mr Hayes write his Hand to a Book shown to him Capt. Piercehouse produced a Note Query if not the same Peircehouse in the Pannel of the Jury which he said was Mr H. his and that he supposed it to be his hand and compared it with the hand in the Book and said that he delivered the Goods upon it and Walpoole then said he believed it to be Mr Hayes his hand Then Mr Sturdivant was called and they shew'd him the Letter and he said Here is Joseph Hayes writ but I do not know it to be his Hand The Common Serjeant warmly said that Mr Sturdivant swore he did know Mr H. his hand before the Grand Jury but Mr Sturdivant affirmed the Common Serjeant was under a mistake Then Sr John Trevor called for Mr Hardresse but the * The Common Serjeant as hath been elsewhere observed upon the discovery of Keeling's Plot in 1683 boasted what work that Plot would make when it came into the City We now have him pulling it into the City by Head and Shoulders and find him in this Case appearing and exerting himself in a three or four sold capacity viz. the Manager if not Contriver of this prosecution and a Counsel Solicitor and Witness against the worthy Citizen now designed to destruction Common Sejeant answered That he was out of Town before he could be served with a Subpena Then the Letter was read it was subscribed Joseph Hayes and dated the 31st of August 1683. directed to Mr Henry Laurence senior at Amsterdam and began thus Sir at your desire I have sent you a Bill c. The Letter and the East-India-Books were then shewn to the Jury and to the Prisoner Mr Hayes denyed the Letter to be his Writing and said 'T is very strange I should not know my own hand May not Counsel be admitted to plead Whether comparison of hands and belief are any evidence in Criminal Causer I have been informed it hath been denyed to be evidence The Ch. Justice told him he was under a mistake some body has put it into your Head and pussed you up with a vain Story there is no such thing 'T is a Fiction a meer Whim only said by Mr Sidney and no ground in the World for it Mr Hayes replyed Was it not so in the Case of my Lady Carr there is a Record of that I suppose The Chief Justice affirmed it was not so and said Don't talk of it * It was in Trinity Term 1669. Anno 21 Car. 2. there was no such thing at all Comparison of hands was allowed for good proof in Sidney's Case We must not alter the Law for any Body Mr attorney General said Besides this comparison of hands We shall give an account of the Correspondence of the Prisoner's Brother and that he received the Money of him and then said Mr Common Serjeant Where had you this Papery The Common Serjeant to show his care and zeal in this matter said Pray have a care of the Papers and then gave evidence that he had them from my Zord Godolphin and said This is an Account of the Receipt and Disbursement of the Money Shew it Mr Constable Constable said This is one of the Papers was taken out of Sr T. A's Pocket It being shewn
to the Jury one of them demanded whether any one proved the hand that was in that Note The Attorney answer'd No but Everis swears that Sr T. A. shew'd him a Bill subscribed Joseph Hayes for so many hundred Guilders The Common Serjeant said He says it was 160 odd Pounds now the sum of this Note is 161 l. 5 s. which is the change of 150 Guineas Mr North concluded saying We have done at present Mr Hayes then said Here is no body proves this Letter to be my hand positively They only prove it by similitude and comparison and belief I conceive there is but one Witness that that Letter was found in Sr T. A's hands Everis says he saw a Bill had my Name to it Sir you did not know me nor ever saw my hand Everis answered No never in my Life Mr Hayes then said 'T is only an evidence of Reputation he heard it was my Bill you saw no Money paid upon it did you Everis No but I saw a Letter from Mr Israel Hayes that gave some account of it Mr Hayes said All this is but Similitude and Circumstance and I thought in case of Treason there ought to be two Witnesses and hope you will let it be so here here is no evidence but the Letter and that is not two Witnesses There is no body has proved the knowingly in the Indictment that runs that I knew Sr T. A. and his Treason that ought to be proved but I am sure 't is not your Lordship says that the Indictment and the Proclamation are sufficient notice that he was a Traytor that may admit of Counsel to debate it There ought to be Witnesses that could shew me to be concerned with him which no Body in the World can prove or that I ever saw him and that Witness that says he saw the Bill or this Letter does not know that I wrote it There are them that say they heard of Money paid upon this Bill but there is not one of them says he saw any Money paid and these are several Witnesses every one to a several thing Here is no proof but by the East-India Porters and those who say they believe this Eetter to be my hand No body says he saw me write this Letter or had any Correspondence with Sr T. A. If they pretend there was Money paid beyond Sea Is this Indictment well laid for it is laid to be paid in London The payment of Money beyond Sea can be no evidence of the Fact upon this Indictment for the Jury of London are to enquire of matters arising in London only If I am to be tryed for payment of Money boyond Sea the fact should have been laid there and the Tryal were to proceed upon the Statute of 35 H. 8. cap. 2. The Indictment should be taken by Special Commission from the King and the Tryal be in the County that the King should chuse I desire Counsel upon this point Lord Chief Justice No 't is an idle Whim and I would fain know the Counsel that put that foolish Notion into your head Mr Hayes If you will allow me Counsel you shall hear who they are I have been informed the Law is so Chief Justice We are of another opinion If any whimsical Notions are put into you by some Enthusiastick Counsel the Court is not to take notice of their Crochets Mr Hayes proceeded and said The Witnesses are Strangers to me There is is one that has been sworn to whom I have paid several thousands of pounds that says he does not believe it to be my hand then he called Mr Sturdivant who looking upon the Letter said I do not believe it to be his hand I have had dealings with him and he hath given me many Receipts Mr Hayes then said There have been a great many Forgeries and this Letter is forged there have been Forgeries so like that the Persons themselves have not known their own hands Chief Justice Every body knows that a hand may be counterfeited very like in Mr Sidney's Case Mr Wharton a young Gentleman not above one or two and twenty said he could undertake to counterfeit any Man's hand whatsoever Mr Hayes then told the Jury that he was not a Man of that Quality to give Sr T. A. 150 Guineas Chief Justice We all know you have been a very †The resolution in that day was to enslave the City the Nation and every one who was found to withstand it was treated with this sort of Language and then made a Traytor if they found an opportuniry unless by chance as in this case a Jury failed them active Man a busie Fellow about the City as forward a Spark as any I know of a great while I don't know what you talk of your Quality but We know your qualifications you have always been factious and turbulent against the King and the Government Mr Hayes then affirmed that he neither gave nor lent nor returned any sum of Money to this Person and then called Mr Langley who testified that a Letter was Counterfeited and a Bill of Exchange for 450 l. and so exactly like that if he had not known of it before he saw it he must have owned it for his hand and the party that paid the Money paid it in his own wrong for he never drew any such Bill Mr Hayes added Mr Common Serjeant had my Books several dayes in his hands where there is an Account of 20000 l. between my Brother and me and if I would set my hand to such a Letter and Bill and write my Name at length is it not as reasonable that I should put the Name of Laurence in my Books and if it were there it would appear Indeed here is an Account produced of divers parcels of Money disbursed in little sums but I appeal to the Merchants whether ever any Bill of Exchange was ever paid in such parcels No foreign Bill was ever paid by 3 l. or 5 l. or 20 l. at a time it must be paid at the day or it will be protested here is a computation of a sum like to the sum in the Bill but these are Suppositions and not proof Then Mr Hayes called Alderman Jeffryes to speak to his Reputation and Conversation who said that he had known him many Years and never knew any hurt by him The Chief Justice demanded of the Alderman whether he had been at any of the Elections at Guild-hall for Mayors or Sheriffs when Mr Bethel and Mr Cornish and them People were chosen and whether he had seen Mr Hayes there and how he did behave himself * It is true that he was upon every occasion active in the maintenance of the City-Rights and his Lordship and the Common Serjeant had ever been as forward Sparks on the other side that made them so intent upon the destruction of every well deserving worthy Citizen whom they could draw under an Accusation A very forward active Man I will warrant you
the Tower to place Men in in order to surprize it Mr Bateman objected to this evidence that if he had been guilty of such discourse he had been fit for Bedlam and if Lee had heard him speak such words he wondered he had not sooner accused him Richard Goodenough then witnessed that in discourse with Mr B. at the King's Head-Tavern in Swithens Alley about the intended Insurrection M. B. promised to use his interest in raising Men and to be assisting in surprizing the City Savoy c. and in driving the Guards out of Town Mr Bateman having subpenaed Sr William Turner to give an Account of an Information given in upon Oath before him by one Barker above two Years before that Lee would have suborned him against the Prisoner Sr William would testifie nothing thereof but said that it being above two Years since he could not charge his memory with any of the particulars contained therein Mr Tomkins Sr William Turner's Clerk being askt about Baker's Information said there was such an Examination taken Anno 1683 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 Baker being called declared That being in Lee's company in the year 1683 Lee would have perswaded him to insinuate himself into Mr Bateman's company and he demanding of Lee to what end he should do it and about what he should discourse Lee told him he might talk about State matters Lee by these horrid practices made himself a great Man being put into the place of a Messenger which he enjoyed till of late tho some time before he became a Witness he borrowed Money to buy Bread for his Family and by that means he would find a way to make him a great Man and Baker testifi'd he was examin'd about this before Sr William T. The Court upon this Evidence declared that what Baker said A wicked but customary practice of that day to abet and justifie Suborners and Trapans was nothing to the purpose but that Lee had a design therein to make a discovery of the Conspiracy if he could have procured a Witness to corroborate his Evidence The Jury being sent out without Hesitation brought Mr Bateman in guilty of the Treason tho' 't is certain King Charles laught at Lee's evidence It being demanded of Mr B. what he had to say why Judgment should not be pronounced He desired to know whether Mr Goodenough was fully pardoned and he was answered that as for the Outlawry he was pardoned and for any thing else he was not prosecuted and then he was condemned and was executed upon the 18th of December 1685. That the matter relating to Sr William Turner may appear in it its true Light I shall subjoyn the following accompt thereof Mr Bateman's Son having as he thought very providentially heard that Baker had about two Years before given an Information upon Oath to Sr William Turner of the Villain Lee's tampering with him to ensnare and accuse Mr Bateman The Son was advised by Counsel to apply himself to Sr William and in several attendances upon him when he was engaged in other matters and his Books of Entries lay upon his Table he turning over the Leaves found the Entry of Baker's Information about Lee's attempting to suborn him against Mr Bateman The Son thereupon in the first place applied to Tomkins Sr William's Clerk to get a Copy of that Information and did once think him inclined to let him have it but at last he told him he must ask Sr William Thereupon he applied himself to Sr William for it who demanded of him Whether it were against the King and young Mr Bateman answered him No it may save the Life of one of his Subjects whereupon Sr William said You shall not have it The only Refuge then was to subpena Sr William Turner and his Clerk which was done and Sr William being examined saying he could not charge his Memory with any of the particulars in the Information of Baker young Mr Bateman said Let the Book be sent for it is in such a Book and such a Page Whereupon Herbert the Chief Justice in a passion commanded young Mr Bateman to be removed out of the Court as he was If the truth of what is here related in reference to Sr William Turner be any way doubted it will evidently and beyond controul appear by the Proceedings before the House of Lords where it hath been very lately made out by Mr Bateman's Son and also by another Witness who was privy to the whole transaction thereof with Sr William Turner Mr Bateman being thus condemned to Death by the foregoing wicked Practices expressed himself thus to his Son Richard Your Father needs not to dye if he will accuse others but he dyes because he will not be a Rogue And 't was most undoubtedly true as 't is that a greater Rogue lives not than this Lee Mr Bateman's first Accuser who having miscarried in his cursed Attempt to suborn Baker is now seconded by Goodenough who was brought with a Halter in effect about his Neck to swear this good Man out of his Life In relation to the Witnesses and their Evidence some things deserve to be further remarked The late King James had no sooner possessed himself of the Throne but by his order and special recommendation a most malitious Tract was emitted to the World under the Title of Atrue Account and Declaration of the horrid Conspiracy against the late King his present Majesty and the Government The temporizing Pen-man who ever he was shewed more Art than Honesty in compiling that History and omitted nothing therein which might serve the turn of Popery but most wickedly magnified the Evidence of the Conspiracy he treated of His loose and virulent Pen runs thus as to Keeling one of the Witnesses in the case before us Josia Keeling a most perverse Fanatick was the Man whom God chose to make the first discoverer It pleased the divine Goodness so to touch his Soul that he could not rest till after much conflict in his mind he had fully determined to discharge his Conscience of the Hellish Secret Now the truth of it is Keeling was found about that time to be under some Conflict but it was with Satan and his Instruments who quickly vanquished and made him a Witness as hath been lately made out beyond contradiction by the Testimony of many unblemished Persons before the House of Lords of which more in it is proper place he had indeed before that time frequented an Assembly of Christians who dissented from the Church of England but being thrown out as a perverse Fanatick he made his way by a Profligate Fellow like himself one Peckham to Sr Leoline Jenkins the Secretary of State who listed him of his Church and the first in his Roll of Witnesses and since he became so 't is notoriously known that he hath given up himself to all manner
trayterously assemble consult and agree with the Lord Brandon and other Traytors to raise Money and procure Armed Men to make a Rebellion and to seize the City and Castle of Chester with the Magazines and that upon the 27th of May he took a Journey from London to Mere to accomplish his Treasonable intentions and that upon the 4th of June he incited divers to joyn with him in his Treason To this Indictment his Lordship pleaded Not Guilty Jeffryes then addressed himself to the Lords to this effect Note my Lord Delamere was at that time in the House of Commons and a great Promoter of the Bill of Exclusion That their Lordships could not but remember the insolent Attempts made upon the unalterable Succession to the Crown under the spetious pretence of Religion by the fierce froward and Fanatical Zeal of some of the Commons which had been often found the occasion of Rebellion That that not prevailing the Chief Contrivers of that horrid Villany consulted how to gain the advantage by open force and in order thereto had several Treasonable Meetings made bold and riotous * The Duke of Monmouth's progress into Cheshire the West Progresses in several parts of the Kingdom to debauch the minds of the well-meaning tho' unwary part of the King's Subjects That God frustrated their evil purposes by bringing to Light that cursed Conspiracy against the Life of the late King and his present Majesty That one would have thought these hellish and damnable Plots could not have survived the just Condemnation and Execution of some of the †Innuendo Lord Russel Col. Sidney c. Chief Contrivers of them especially considering that no sooner the present King was seated in his Throne but he endeavoured to convince the world that he had quite forgot those impudent and abominable Indignities that had been put upon him only for being the best of Subjects and best of Brothers and also gave the most benign Assurances imaginable that he would approve himself the best of Kings And to evince the reality of his gracious Resolutions he called a Parliament and there repeated and solemnly confirmed his former Royal Declarations of having a particular care of maintaining our Established Laws and Religion And yet at that Juncture that wicked and unnatural Rebellion broke out and thereupon the Arch-Traytor Monmouth was by a Bill brought in the lower House and passed by the general consent in both Houses and I could wish my Lords for the sake of that Noble Lord at the Bar that I could say it had passed with the consent of every particular * The Lords are here told that my Lord Delamere opposed the Bill to attaint the D. of Monmouth Member of each House justly attainted of High Treason After this harangue he concluded thus My Lords what share my Lord at the Bar had in those other matters I must acquaint you To what end then was this malitious Tale told is not within the compass of this Indictment for which you are to try him for that is a Treason alledged to have been committed in the present King's Reign Then Sr Tho. Jenner the Recorder of London opened the Indictment The Attorney General then aggravated the Charge saying We crave leave to give a short Account of a former * The Plot in 1683. design Cheshire the Province of this Noble Lord was one of the Stages where that Rebellion was principally to be acted and preparatory to it great Riotous Assemblies and Tumultuous Gatherings of the People were set on foot by the Conspirators We shall prove that a little before the Rebels came over this last Summer the Duke of Monmouth dispatched one Jones into England to let his Friends know that tho' he had intended to go into Scotland and begin there he was resolved for England with this he was to acquaint some Lords particularly the Prisoner And also to acquaint them that they should have notice four or five days before of the place of his Landing and that then the Lords should repaire immediately into Cheshire there to wait for the News We shall give you an account that the late Duke of Monmouth lookt upon Cheshire as one of his main supports and upon my Lord Delamere as a principal Assistant there Jones was to communicate his Message to Captain Mathews who was to transmit it to this Lord and those concerned with him Jones arrived upon the 27th of May but Mathews nor Major Wildman to whom he was to apply in the absence of Mathews was not to be found Thereupon he sends for one Disney since executed for Treason and one Brand whom your Lordships will hear of and communicates his Message to them and they undertake to deliver it to the Persons concerned That very night My Lord this same Brand Disney met this Noble Lord and give him an account of the Message and as soon as ever he received it upon the 27th of May at ten at Night my Lord dispatches out of Town with only one Servant and two other Friends that he had pick'd up With all these Badges of Plot and Design does my Lord Delamere set out the same night Jones came to Town he chose to go all the By-Roads and went with great speed to repair into Cheshire by the name of Brown by which he was known among all his own Party by that name several of the late Duke of Monmouth's Trayterous Declarations were sent for to be sent to him or by him into Cheshire When he comes into Cheshire he actually sets about the work to put that County in a forwardness This means the impudent but ridiculous story of Saxon which could never obtain upon any but the Credulous Prosecutors of this Noble Lord who were disposed to believe any thing to assist in the Rebellion endeavours to stir up the People to joyn with him and acquaints one that he employed in that Affair that he was engaged to raise so many Thousand Men and so much Money to be ready by such a day My Lords We shall plainly shew you all this in plain proof Then Mr Attorney called their old Drudge at swearing my Lord H. of E. and demanded of him his oft repeated History of a design of an Insurrection that was to have been in the late King's time and what share Cheshire was to have in it The Lord H. told his thrid-bare history of the Plot in 1682 and 1683 but not a word of Cheshire and said that he knew nothing concerning my Lord Delamere The Lord Grey was then called and said That about the time of the contested Election of Sheriffs The Duke of Monmouth and Earl of Shaftesbury resolved that they would make what interest they could to procure a Rising in three several parts of the Kingdom at once one in Cheshire whether the Duke of Monmouth was to betake himself and there to be advised by my Lord Macclesfield my Lord Brandon my Lord Delamere that then was
would have him stay till Tuesday morning That then the Duke being gone out of Town the Lord Grey told Jones from the Duke That he intended to be in England within nine days and bid him remember to tell Brand that when he heard the Duke was Landed he should acquaint Sr Robert Peyton with it but not till he was Landded That Jones missing passage to England from Roterdam he returned to Amsterdam and went to the Duke and told him the reason why he was not gone and the Duke said he was glad he was not gone for he had a further Message and would have him stay two or three days That upon the 21st of May the Duke ordered him to come to him in the Evening and when he came the Duke took a Paper that lay upon the Table and sensed it and told him that when he came to London he must see for Captain Mathews and desire him to acquaint my Lord Macclesfield my Lord Brandon and my Lord Delamere that he was resolved to set out the next Saturday morning That the Duke then said that Mathews was to send one Post to that place that was named in the Note to receive Intelligence of his Landing and that News he designed should be brought to his Friends here 24 hours before the Court had notice of it and those Lords were to be in readiness and as soon as they knew he was Landed they were to repair to their Posts to assist him That Jones askt the Duke what he was to do with the Paper who said I do by you as Princes do by their Admirals they have their Commissions sealed up and not to open them till at Sea so I deliver your Instructions sealed up which you are not to open till you are at Sea and when you have opened and read what is contained in them I would have you tear the Paper and throw it into the Sea least you be surprized and fearched at your Landing And that the Duke ordered him that if he missed of Captain Mathews he should deliver the Message to Major Wildman That the Instructions in the Paper were to this effect viz. Taunton is the place to which all are to resort The Persons to be acquainted with the time of Landing are the Lord Macclesfield the Lord Brandon and the Lord Delamere The place to send the Coach to is to Mr Savage's the Red Lyon The Post is to return to Captain Mathews or as he shall appoint Jones added that he came home the 27th of May the Wednesday forthnight before the Duke Landed and Disney came immediately to him and told him that Captain Mathews and Major Wildman were both out of Town whereupon he delivered the Message to Disney and left it to him to convey it to the Lords concerned That Disney met him the same night in Smithfield with Mr Crag Mr Lisle and Mr Brand and Disney took Jones and Brand aside and askt Jones what was the place to which the Post was to go That Jones met the Duke at Lyme and told him what he had done with the Message who said he was satisfied he had done what he could but seemed troubled that Mathews was out of Town It being demanded of my Lord Delamere whether he would ask Jones any Questions his Lordship answered No I never saw his face before Mr Story the Duke of Monmouth's Commissary General testified that Mr Brand who lived about Bishopsgate and was killed at Keinsham Bridge told him upon the 28th of May last that Mr Jones was returned from Holland and brought a Message from the Duke and that he the said Brand was to go to Taunton to expect from Mr Dare or Mr Williams the account of the Duke's Landing That Brand told him that Jones his Message was delivered to Disney who went and had some discourse with my Lord Delamere and that that night his Lordship went out of Town and two Friends of Mr Brand's went with him and conveyed him by a By-way through Enfield-Chase towards Hatfield That Story went out of Town the 28th of may and overtook Brand that night That he heard the Duke of Monmouth say at Shepton-mallet that his great dependance was upon my Lord Delamere his Friends in Cheshire but he was afraid they had failed him and he said he could have been supplied otherwise but that he had a dependance upon them My Lord Delamere then demanded of Story whether he knew one Thomas Saxon. Mr Story answered yes my Lord I was a Prisoner with him in Dorchester Prison The Attorney General then called Vaux and said My Lord this is an unwilling Witness and we are forced to pump all out of him by Questions And then demanded of him what day it was my Lord Delamere sent for him Vaux answered It was the 26th of May his Lordship sent for me to the Rummer Tavern in Queen-street and the next day I went out of Town with him about nine or ten in the Evening My Lord went by the name of Brown We got to Hoddesden about twelve at night Mr Attorney demanded whether they went next whether my Lord Delamere was going and whether that was the direct Road to Cheshire Mr Vaux answered We then went to Hitchin and I returned home the next day My Lord was going to see his Son who was sick in the Country and we made that the way it being the freest Road from Dust Mr Edlin then testified the same in substance with Mr Vaux that upon the 27th of May he went with my Lord Delamere to Hoddesden c. Mr Attorney then said my Lord to confirm and explain this Evidence I shall prove that this Gentleman went by the name of Brown in the Cant of those that were engaged in this Business that the name was known as his name by all the Party and called so constantly in their Letters and Messages Tracey Paunchforth being called witnessed That he was at Disney's house the 14th of June with Joshua Lock one Hooper and one Horsley and Lock stayed for some of the Duke of Monmouth's Declarations which were finished about nine of the Clock and three were delivered to him and there was a discourse of having them sent into Cheshire to one Mr Brown whom he understood to be my Lord Delamere and Mr Disney used to mention him by the name of Brown That Paunchforth was at the Castle Tavern with Mr Vermuyden his Brother Babington and Mr Manning but there was no mention as he remembers of my Lord or Mr Brown but only something in relation to the Duke's Landing Mr Vermuyden who also went by the name of Brown said he did not know where he was to Land Babington the Betrayer of that worthy Gentlemen Mr Disney then swore That when he first knew of any of the Transactions he was with Mr Vermuyden his Brother Paunehforth and Mr Chadwich where there was discourse of Mr Brown and that his Uncle Vermuyden afterwards told him it was my Lord Delamere and ordered
him to call my Lord by that name That he was at Mr Disney's over the water with Paunchforth and Horsley and Disney shewed him a Declaration that was not quite perfected and some body said some of the Declarations were to be sent to my Lord Delamere and Mr Disney said he was afraid my Lord Delamere was not capable of doing that Service that was expected from him in Cheshire for want of some of those Declarations which would be mighty useful to inform the People And that Disney said he hoped to have 500 Printed in twenty four hours and a good number of them were to be sent to my Lord Delamere Hope of the three Tuns in Coventry then witnessed Non hosâ—es ab hospitetutus Those who travel that Roid will do well to beware of such a Landlord for he kept a Diary and was a Spy upon this Noble Lord. that my Lord Delamere upon the Sunday before the Coronation came Post to his House towards Cheshire and sometime after that he came down Post again and a little after went up Post and told him he went down another way and upon the 21th of June the Sunday sennight after the D. of M. landed he came down Post again and then his Lordship told him that it was said the Duke of Albemarle was killed and that the D. of M. had several Field Pieces and Arms for near 30000 Men and that his Lordshap shewed him in a Mapp which way Monmouth went and pointed out such and such Towns that he was possed of and withal said That he feared there would be many bloody Noses before the business was at an end Mr Attorney the called Thomas Saxon said Pray Mr Saxon Their dependance was upon this well instructed witness therefore he is Mr Saxon those before him were only Wade Jones Vaux c. will you give an account what you know of my Lord D. the Prisoner at the Bar concerning any Insurrection or Rebellion designed by him in Cheshire and when Saxon swore that he was sent for to Mere my Lord Delamere's House at the beginning of June he believes the third or fourth day and was conveyed into a Tower Room where were my Lord D. Sr Robert Cotton and Mr Crew Offiey who told him he was recomended to them by my Lord Brandon who said he was an honest useful Man and they hoped he would prove so For they had sent to the D. of M. and received an answer by Jones and as soon as they had an answer my Lord D. came down Post under another Name being conveyed through Moore-Fields to raise ten Thoufand Men for the D. of M. in Cheshire by the 1st of June but they found they could not raise them till Midsummer for they must have time to raise 40000 l. in that Country to maintain the Men. That they askt him to undertake to carry a Message to the D. of M. and he told them he would and my Lord D. gave him eleven Guineas and 5 l. in Silver for his Journey and he went and delivered the Message to the Duke The High Stemard demanded of Saxon * His Lordship was well apprised of the Answer their Witness would make and to them who discern it in this Question it may well seem strange that they should bring this great Man to Tryal upon such nauseating Evidence as some had put into this Varlets Mouth how he came to be recommended to them by my Lord Prandon whether he were acquainted with my Lord Brandon Saxon tho' a very willing Witness had forgot to tell the Story of drinking Ale with my Lord Brandon and therefore the Monster then called his Grace pumps it out by this Question Saxon knowing what my Lord wanted answered I was acquainted with him the first time I was with him was at Over the next time was at my Lord's House The Attorney General thereupon said Ay pray tell my Lord how you became acquainted with my Lord Brandon Saxon said Upon Munday in Easter-Week last being at Over my Lord sent for me to drink a Glass of Ale and take a Pipe of Tobacco with him and when I came my Lord told me he had a desire to be acquainted with me so We drank a considerable while and my Lord discoursed how unfairly the Elections of Parliament Men had been carried which had so exasperated the Country that they were resolved to rise in Arms under pretence of maintaining the Christian English Liberties and that they had a design to send for the D. of M. and make him King and that they must use such men as me that were Men of Interest in the Country to stir up the People to rise in Arms And if I would come the next Munday to his * 'T was happy that my Lord Delamere never took a pipe with this Villain nor courted his Acquaintance House he would tell me more of the business and I went accordingly and he told me a great deal to the same purpose and shewed me a Letter that he had written to the D. of M. which I afterwards saw at Bridgewater My Lord D. then said I desire to know when was the first time that he declared this he has now sworn against me and to whom Saxon answer'd I suppose I told Mr Storey of it first at Dorchester after I was taken Prisoner for the Rebellion and I think it was a forthnight after my acquaintance with him I lay with him in the same Bed My Lord D. demanded when was the first time he made Oath of this and upon what occasion Saxon said I remained a Prisoner at Dorchester from the 10th of July to the beginning of the last Term when I was removed to Newgate and I gave my first information before is Majesties Counsellors who were sent * To instruct him he would have said but that it must be Perjury throughout to take my Examination immediately after I was brought to Newgate My Lord D. then demanded Whether ever he had employed him about any of his Concerns that should give him an occasion of trusting him with such Secrets Saxon answer'd I never was in his company but only then and then as recommended by my Lord Brandon for they said they must make use of such as me to make their Desigus known to the Country for the accomplishing what they did intend I was to inform the Country of the time of Rising my Acquaintance abounded that way and by their discourse they had got Men in every place to acquaint the Country when they should rise My Lord D. then said I desire to know who was the Messenger was sent for him to my House Saxon answer'd I askt his Name but the would not tell me he said he was a Tenant to my Lord and had been employed in such businesses for my Lord's Father Sr George Booth he was a Lame Man in one Arm for he had his Hand shoe away at the Siege of Nantwich My Lord D. demanded what
and the Tryals in that day by Common Juries had this petty difference of the end of July and August happen'd in an ordinary case as the like did in the Case of Otes his Perjury what bawling would have been upon it and had this Excellent person been upon his Tryal before my Lord Russel's Jury or Colonel Sid ney's three Carpenters with the Taylor and their Crew it might have been improved by this Mushroom Lord Jeffryes and the King's Counsel to his Destruction August The other Man says it was the latter end of July My Lord Delamere thereupon said The other Witness saith it was the latter end of July and that may be very well consistent neither of them speaking to a day Mrs Sidney Lane who lived in Sr Cotton's House testified That Sr Robert came to Town in April last and never lay out of Town all those Months of April May and June after he came to Town Charles Reeves Sr Robert's Foot-man testified That Sr Robert was in Town before the Coronation the 23d of April and he saw him every day that time till after July Then Mr Ashburnham Sr William Twisden and Mr Heveningham witnessed that they saw Sr Robert Cotten in Town in June Mr Heveningham in particular that upon the 3d of June he was walking with Robert in the Court of Requests when Mr Neale came and told him the House of Commons had then determined a point about the Election of Thetford Sr Willoughby Aston then proved that upon the 26th of May Mr Offley and his Lady came to his House and he gave a particular account how he spent his time there till the 4th of June when he returned home to his own House which is directly another way from my Lord Delamere's whose House is eleven of those Northern Miles from Sr Willoughby's Mr Gregory and Tho. Kid Servants to Mr Offley witnessed that Mr Offley went from Sr Willoughby Aston's upon the 4th of June directly home to his own House Crew-Hall in Cheshire and did not go from thence that night Mr Booth my Lord Delamer's Brother proved that he saw my Lord in Town the 3d of June in the evening and also the 4th 5th 6th and so on to the 10th of June sometimes twice or thrice a day Mr George Booth another of my Lord's Brothers testified that he saw my Lord in Town the 4th of June by the partioular circumstance that he went with him the next day to the House of Lords to hear my Lord Macclessield's Cause upon Fitton 's Appeale My Lord Lovlace proved that he saw my Lord D. in the House of Lords at the hearing of my Lord Macclesfield's Cause the 5th of June and that my Lord D. stood by the Bar and took notes My Lord D. then said I hope I have now satisfied your Grace and the rest of my Lords that none of us three whom this Fellow has mentioned were at that time at Mere when hé said we were I affirm in the presence of Almighty God that I have not seen Sr Robert Cotton at my House these many years and I believe Mr Offley was never there since I was Master of it and I do protest that to my knowledge I never saw the Face of this Man till now I am sure I never spoke with him nor sent for him to my House If his Story be considered it will easily appear to be very improbable for he neither tells who the Messenger was that was sent for him nor the way that he came into the House and he must needs discern which way he came in for I have but one Door into my House except that by the Stables which is a great way off the House Besides my Lords Is it probable that he should see no Body stiring about the House except the Man without a Hand that he sayes was sent for him I assure your Lordship I have not nor had my Father ever that I know of any Servant or Tenant that was maimed in the manner he speaks of Is it to be imagined that I would take a Man I knew nothing of into so great a confidence as to employ him about a business of this nature I beseech your Lordships to look at him Is this Fellow a likely Fellow to be used in such an affair Does he look as if he were fit to be employed for the raising 10000 Men your Lordship 's likewise see that he is so well thought of that he dare not be trusted out of Newgate but is kept still a Prisoner and as such gives evidence here He Swears to save himself and would fain exchange his Life for mine My Lords The King's Council lay a great weight upon my going down the 27th of May and my frequent riding Post I shall satisfie your Lordships of the Reasons of my Journies the first time I went to take Possession of a Lease of six or seven Thousand pounds value which was renewed to me by the Bishop and I had word that the Bishop was ill and that obliged me to make hast down All this being fully proved by Mr Edmond's and Mr Henry my Lord Delamere proceeded saying I had resolved to go see a sick Child but hod not taken my journey so soon as the 27th of May nor with such privacy but that I had notice there was a Warrant to apprehend me and I was willing to keep out of custody as long as I could Being at my House in Cheshire my Wife sent me an Express that as to the Warrant She hoped it was a mistake but my Eldest Son was very ill and if I intended to see him alive I must make haste up This was the occasion of my quick return Mrs Kelsey then witnessed that my Lord came to his House in Cheshire the 31st of May being Sunday and that his Child was ill and my Lord told her that he heard there was a Warrant to take him up That he stayed Monday the 1st of June and went away on Tuesday morning My Lady Delamere my Lord's Mother testified the Child's being ill in the Country and that while my Lord was there his Lady sent for him Post if he intended to see his eldest Son alive Mr Kelsey proved That my Lor d D. came down upon the Sunday night at eleven of the Clock and stay'd at home all Munday and on Tuesday at three in the Morning he took Horse for London and that Mr Kelsey had Letters from my Lady Delamere and Mrs Vere Booth dated the 4th of June that told him my Lord was come to Town the night before Sr Thomas Millington the Physitian witnessed that upon the 28th of May he was sent for to my Lord Delamere's Son and found him very ill and he continued so two dayes and he told my Lady Delamere that he thought the Child would not escape That he knows punctually this was the time by the Apothecaries Bills which he wrote and finds the date on them My Lord Delamere then said My Lord I hope
him leave but he found him very resolute and so fairly took his leave and never came near him more That he believes he might say to Mr North that he had such a power in Mr Smyth to perswade him to tell what he knew That no body besides Mr North either perswaded or advised him to go to Mr Smyth Mr Roger North being examined said that he procured no Order for Sr Ambrose Philips to go to Aaron Symth nor doth he believe he ever had any conversation with him about that matter and he is confident he never delivered him any Order for going to him nor told him that he should find any such Order at the Tower nor to the best of his remembrance knew he of any such Order and that Sr Ambrose Philips mis-remembers if he says he had any such Order from him Sr John Moore being examined said That 't was not he that rejected the Sheriffs but the Court of Aldermen That Mr Papillon was set aside by the Court because Sr John had drunk to Sr Dudly North. That he doth not believe or remember that he had any Orders from Court to drink to Sr Dudly That Secretary Jenkins was often to visit him but never gave him any * Perswasion would do with an easie willing Man Directions That he believes Mr Papillon and Mr Dubois demanded the Poll That he had no direction from Whitehall to reject the Poll but the Court of Aldermen did reject it That the Souldiers were sent to keep the Peace that he remembers not that he either the day before or that morning of the Poll made any promise not to disturb the Poll nor doth he remember what time of the day he went to disturb the Poll Many of the Citizens came to his House and would have him to the Hall telling him the Poll went on tho' he adjourned it which Adjournment he saith was by advice of the Court of Aldermen Mr Normansel and Mr Trotman the Secondaries deposed that Graham and Burton were the Prosecutors of my Lord Russell that Sr Dudly North had the Books from them and returned my Lord Russell's Jury that Juries had usually been returned by the Secondaries and taken out of two three or four Wards but this Jury was taken out of about nineteen VVards That Sr Benjamine Thorowgood returned the Jury upon Alderman Cornish Mr Trotman added that Graham and Burton were also the Prosecutors of Alderman Cornish Mr Perry who had been Clerk to Mr Trotman nine Years deposed That he was not by at the return of my Lord Russell's Jury but he made a Copy of it and is was under Sr Dudly North's hand That he was with Mr Trotman at Sr Benjamine Thorowgood's House who had the Books of both the Compters and he wrote the Names as Sr Benjamine directed him That in common cases the Pannels used to be returned out of two or three Wards Mr Crisp the Common Serjeant deposed The proper Officers swear out of two or three but the Common Serjeant swears out of six so makes some advance towards Sr Dudley North's number that he hath known Juries returned out of six Wards and never out of fewer than four That he was in Court at part of the Lord Ruffell's Tryal That he remembers his Lordship desired he might be heard by Counsel and that they might have time to consider of it but the Court heard them immediately The Gentleman paid too great a deference to the Coure to say they refused my Lord Russell time and therefore expresses it in the tender Words That the Court heard them immediately Sr Dudly North being examined said That he was a Freeman of London and the Lord Mayor drank to him as Sheriff and he took upon him the Office and was 2000 l. out of Purse which he never had again directly or indirectly But he was wellrewarded by being first one of the Commissioners of the Customs and then of the Treasury whereby he was sufficiently reimbursed and rewarded also for the good service he did in his Sheriffalty Sr Dudly went on saying That he impanuelled the Juries for the Sessions when the Lord Russell was tryed That he returned the best * It being Sr Dudley's own Jury and they doing their business to content he treated them at a Tavern after the Verdict given as appears by the Journal of the House of Lords Jury he could without observing any Ward and drew this out of several Wards because they might be the more substantial Men. That to the best of his remembrance Sr Peter Rich concurred in this Jury if he had opposed it he should not have done it That the Juries before were returned by the Secondaries but this being a very * It was indeed a very extraordinary business to murder as valuable a Noble Man as ever drew Breath in England extraordinary business he thought it requisite to take care of it himself That he took no care of what opinion the Jury were of but only that they were substantial Men yet he cannot shew one Man called a Whigg returned on the Jury That he had no order or directions from any Man * Note his Brother the Lord Keeper was now mination alive to take care of this business Sr Peter Rich declared That he was never asked in his whole year to impannel a Jury and that he never impanneled any or signed any Pannel to his knowledge and sayes positively that the Books were sent to him by the Secondaries and that he never saw the Pannel of my Lord Russell's Jury till he heard it read in Court That the usual practise of the return of Juryes in London is by the Secondaries Sr Benjamin Thorowgood being examined said that he was Sheriff at the time when Mr Cornish suffered That the two Secondaries brought him the Books That he knows not out of how many Wards the Jury was returned but he thinks out of most of them and he believes it to be the Custom to return the Jury so But the Secondaries swear the contrary That he thought it a piece of justice in him to see the Jury fairely returned being the Gentleman to be tryed had been one of his Predecessors That the Jury were of the sufficientest This is Sr Benjamine's opinion that the substance as well as the honesty of the City was got into Tory Hands the Jury being all of that stamp but to let their honesty alone the contrary is as evident as to the ability of more than one of these Jury-Men as 't is that Juryes were wont to be taken out of most of the Wards ablest and honestest Men of the City of London and he believes all the Men that served of the Jury were those he returned Mr Henry Cornish being examined deposed that his Father was kept close from his Commitment to the day of his Tryal and Captain Richardson would admit none of his Friends to come to him That he went to Normansel the Secondary for a Copy of
the Pannel and either he or his Clerk told him that Burton and Graham hadit and when he came again in the Evening to them for it one of them told him They had orders from above not to let him have it Sr James Forbes deposed that the Dake of Monmouth desired him to shew Mr Hambden a Paper written with the King 's own Hand which was for the Duke's owning of the Evidence of Romsey and others That he told the Duke that that Paper would make him infamous and would be a means of destroying many Men's Lives whereupon the Duke sent him with the Paper to the Earl of Anglesey who upon the reading of it presently wrote a a Paper of Reasons against it That before Sr James went to the Earl of A. the Duke told him if it were so as he had told him he would have the Paper again tho' he dyed for it whereupon Sr James ask't him how he would get it That the Duke said the King would shew it him and then he would tear it out of his Hand and then further said the Duke of York was his implacable Enemy That as soon as Mr Hambden had read the Paper he said he was a Dead Man and ask't leave of Sr James to shew it to his Father which he consented to That he returned to the Duke and gave him the Earl of Anglesey's Reasons against the Paper together with his own thoughts of it whereupon the Duke replyed that he saw they had a mind to ruine him and he was only brought into Court to do a Jobb and that he would not Sleep before he had retrived the Paper That the Duke told him how kindly the King had expressed himself to him and Sr James desired the Duke to save Colonel Sidney if possible but he feared he could not but said he had told the King how good a Man the Lord Russell was and how unjustly he had been put to death That at the desire of Mr Hambden the Duke went to visit him before he had his Pardon tho' he thought it to be very dangerous and was with him two or three Hours in private and Sr James believes it was about saving the Colonel's Life That the Duke's Servants told Sr James at the Cock-Pit that they were ordered not to suffer any of his old Friends or Whiggs and such and such in particular to see or pay a Visit to the Duke That the Duke told St James that the Lord Hallifax perswaded him to sign the Paper but whether it were for his good or not he knew not That when Sr James told the Duke how it was reported in the Town that he was come in to be a Witness he answered he never would That the next day after Sr James had given the Duke the Earl of Anglesey's Reasons and Mr Hambden's and his own Opinion Colonel Godfrey came to him and told him that the Duke had recovered the Paper and got it into his own possession and Sr James went to tell Mr Hambden Mr Charlton and Major Wildman of it Colonel Godfrey deposed That the first night the Duke of Monmouth came to Court he went to him with Sr James Forbes and the Duke told them how kind the King was to him in giving him his Pardon and that he believed he owed a great deal of it to the Lord Hallifax and several times he heard him say that the Lord Hallifax had been kind and servicable to him That the Duke said the King told him that he must submit to be askt Questions in publick concerning the Plot and must submit to him and not contradict him That within two or three dayes after the Duke surrendered himself he shewed him a Paper which was a Declaration or seeming Confirmation of the Plot with which the Lord Russell and Colonel Sidney were charged and he thinkes the Paper was signed with the Dukes name to it That the Paper which the Duke got from the King was not the same with the other and he believes he did not see that Paper That the Duke told him after the Paper had been sent to the Council that he had signed such a Paper he understood in general from him that this Paper was a Confirmation of the Plot the Lord Russell and Colonel Sidney suffered upon That he thinks the Duke told him the Lord Hallifax perswaded him to sign that Paper The Reasons he used were that he might keep at Court and be near the King or else he must go from thence Anthony Rowe Esq deposed That the Duke of Monmouth sent him to the King with two or three Letters whom he found very angry with him for the Company he kept Observe here what value that King put upon the Blood of Lord Russell and Col. Sidney c. and particularly the Lord Howard who he said was so ill a Man that he would not hang the worst dog he had on his Evidence That he heard the Duke had a Paper given him from the King to consider of he seemed unwilling to sign it but at last consented so he might not be askt to sign any other He being in the Bed-Chamber when the King told him he should not whether he signed it or not Mr Row knows not That this Paper was given to the King and shewed to the Council but they not likeing it it was either Burnt or Torn and another Paper drawn That about that time some thing of this being put into the Gazette Mr Row acquainted the Duke with it Who was displeased at it and bid them tell every Body they met that it was false That Mr Row doing so in the Coffee-house that night the King was acquainted with it and sent for him early the next morning and chid him and told him he did the Duke more hurt than he was aware of and commanded him to speak no more of it That the Duke told him he was resolved not to sign the second Paper That one day afterwards he and Godfrey and Barker were in the outward Room and the Lord Hallifax was with the Duke and Dutchess in her Room and the Duke came out to them once or twice and at last laid he had done it and that night he seemed angry with himself that he had signed the Paper for that it might hurt others and that if it had concerned none but himself he had not cared but said he would not rest till he had the Paper again and the next morning he told him he had got it That the Duke told them that the King had often press'd him to sign it and told him he should never see his face more if he did not do it but if he would he should ask him nothing but he would grant it But when he did sign it he knows not nor that there was any in the Room but the Dutchess and the Lord Hallifax That the Duke told him after he came out that the Lord Hallifax had over perswaded him and made him do it
Pique against him but against the Cause he was engaged in His Wife did go several times to the Lord H. and by her he believes he sent him thanks He knows no solid effects of his kindness if there were he desires the Lord H. to tell him in what He believes no part of the 6000 l was given to the Lord H. He never heard any thing of the D. of Monmouth's Confession of the Plot till after the Paper was signed by the Duke and sent to him He has heard it as common talk that the Duke had confessed a Plot and that Mr Waller told him so indefinitely he could not tell whether he meant before the signing the Paper or no He saith what the Duke did at that time was all of a piece whether speaking or writing he is sure that it was with the utmost reluctancy that the Duke signed the Paper He remembers no more in the Cabinet Council but the Lord Radnor besides those he has already named but believes there were three or four more He was bailed the 28th of November 1683. and Colonel Sidney he thinks was Executed the 5th of December following The Duke of Monmouth appeared very firm to him and engaged to do his utmost to save Colonel Sidney He saith he came out of the Tower some days before Colonel Sidney was Executed he had an intention to have visited him but his Friends thought it useless and dangerous to them and that he might write any thing he had to say Accordingly he wrote to him that he would come to him if he desired it but Col. Sidney charged him not to come but to write if he thought any inconveniency would come of it The Messenger which brought him the Message before-mentioned was Dr Hall now Bishop of Oxford who applyed to the Dutchess of Portsmouth for his Release but her answer to him afterwards was That she had tryed and could do nothing for they would rather have him rot in Prison than have the 40000 l. Dame Katharine Armstrong being examined deposed that she demanded a Writ of Error of the Cursitor of London for Sr Thomas Armstrong and told him she was ready to pay all due Fees but he told her she must go to the Attorney General and she demanded it publickly in Court of the Lord Keeper North but he said it was not in him to give but the King Mrs Jane Mathews being examined said that her Father was sent to Prison and could have no Council admitted to him nor any Friends speak with him but in the presence of his Keeper he had one Chain on him and was kept close Prisoner she saith she questions not but to prove the Lord Howard perjured for Sr Thomas could have proved by ten Gentlemen and the Servants of the House those base Reflections the Lord Howard made on him to be falshoods She saith her Father demanded his Tryal and also Counsel in the Court but was denied both the Chief Justice Jefferies telling him they had nothing but the Outlawry to go on Withens Holloway and VValcot were other three of the Judges And she thinks he was brought from aboard the Yatch by the Lord Godolphin's Warrant She saith Mr Richardson beat her Sister while she was asking her Father Blessing She saith that her Father was at Sparrow's at Dinner that day that the Lord Howard swore he was not and she saith that when her Father in Court said My Blood be upon you The Lord Chief Justice Jeffryes said let it let it I am Clamour proof Mrs Katherine Armstrong being examined saith That Captain Richardson used her Father ill and made him lie in a Chain on one Leg and would not let her see him alone and was rude to her and struck her in such manner that she had so fore a Breast that she could not put on Bodies in three quarters of a year She saith she went with her Mother to the Cursitor of London to demand a Writ of Error but he refused it She went also on the same Errand to the Lord Keeper North Mr Attorney and the Lord Chief Justice but had none Mr Richard Wynne declared That he was Solicitor to Colonel Sidney That the Colonel excepted against several of the Judy to some as not being Freeholders and others as being in the King's Service and receiving Wages from his Majesty That presently after the Tryal the Lord Chief Justice sent him Prisoner to the King's Bench Mr Wynne said this to Angier the Foreman of that murdering Jury and to Glisby another of the three Carpenters which were upon that Jury and to another of their Brethren near the King's Bench Court whereupon they went to lay hold upon Mr. Wynne at which instant Mr Forth the King's Joyner coming interposed upon which Angier said Mr Forth will you assist this Man he says Colonel Sidney's Jury was a Loggerheaded Jury To which Mr Forth answer'd I have nothing to do with the Jury but Glisby knows that I know he it a Loggerhead Of this They complained to Jeffryes who committed Mr Wynne and Mr Forth to the King's Bench It cost Mr Forth about 50 l. whereof Burton had 24 l. and he being a Protestant Joyner he ' scap'd well out of their Hands as times then went especially with that Trade for saying the Jury were a Loggerheaded Jury that They had not Evidence sufficient to find such a Verdict or found a Verdict contrary to Evidence Mr Serjeant Rotherham being examined declared That he was of Counsel for Colonel Sidney and drew a Plea for him which the Colonel desired to have read and threw it into the Court It was to distinguish the Treasons laid in the Indictment and quoted the three Acts of Treason But the Court told him if the Plea had any slip in it he must have Judgment of Death pass on him immediately After this he pleaded Not Guilty That he demanded a Copy of the Indictment as his due but the Court refused it him That Col. Sidney told him that they proved the Paper they accused him of to be his Hand-writing by a Banker who only had his hand upon a Bill Col. Sidney quoted the Lady Carr's Case in the King 's Benels Trinity Term 1669 Anno 21. Car. 2. wherein it was adjudged that in a Criminal Case 't is not sufficient for a Witness to swear he believes it to be the hand but that he saw the party write it The words in the Case are That it must be proved that she actually writ it and not her hand â—ut credit Note Colonel Sidney demanded the Copy of the Indictment upon the Statute 46 Edw. 3. which allows it to all Men in all Cases That Colonel Sidney ask'd him with the rest of the Council whether all the Book should be read at his Tryal The Council said it ought The Book was by way of Questions and meerly polemical discourse of Government in general as far as Serjeant Rotherham could find after reading in it several hours He
believes it consisted of seven or eight hundred Sheets Mr Joseph Ducas upon his Examination informed the Lords in substance as follows That Colonel Sidney was taken up by a Messenger before there could be any pretence of proof against him for the Lord Howard the only Witness was not seized till fourteen dayes after That when Sr Philip Floyd seized and carried away Colonel Sidney's Papers he promised him that the Trunk and Pillowbeere in which they were sealed up should not be opened but in the Colonel's presence but that promise was not performed That they seized the Colonel's Goods and Money in the City and Country five or six Months before any Indictment was found against him That the Colonel was brought to Westminster the 7th of November by an * A most clear demonstration that the Prosecutors of this great Man had good Intelligence with the Grand Jury Influence upon them Habeas Corpus sent the day before to be arraigned upon an Indictment tho' no Indictment was then found against him and they kept him in a Tavern in the Palace-yard an hour till they had got the Grand Jury to find the Indictment That the Colonel being carried to the Court of King's Bench and the Indictment read he demanded a Copy thereof but the Court refused it That the Colonel offered a Special Plea engrossed in Parchment and desired it might be read but the Chief Justice said that if the Attorney General demurred and the Plea were over-ruled Judgment of Death should pass upon him and Wythens said if your Plea be over-ruled your Life is gone and so he was forced to Plead Not Guilty That he challenged several of the Jury as being the King's Servants and others as not being Freeholders but was over-ruled therein Some Gentlemen and very worthy Persons were for Fashion sake put into the Pannel and called but did not appear and it may be reasonably thought they were never summoned That Colonel Sidney was informed that when the Jury was withdrawn the Chief Justice under pretence of going to drink a Glass of Sack went to the Jury when they were consulting about their Verdict That when it was demanded of the Colonel what he had to say why Judgment should not pass he urged several points of Law but was over-ruled in every thing To this effect was the Information of Mr Ducas a very valuable French Protestant Gentleman and Colonel Sidney's true Friend To which I shall here subjoyn a few words uttered by that great Man at the time of his Condemnation I was brought to VVestminster the 7th of this Month by * This leads me to correct an Error committed in the first part of this History pag. 185. where I said as I then understood it that Colonel Sidney brought the Habeas Corpus but it appears that it was brought at the instance of his Prosecutors And upon this occasion I shall confess another mistake therein all with which I have been charged in the first part that I said Robert Masters one of Sr S. Barnardiston's Jury was a principal Witness against Colledge But I must acknowledge that Richard was the Witness Robert the Jury man was his Brother and only suck'd the same Milk with him Habeas Corpus granted the day before to be arraigned when yet no Bill was exhibited against me and my Prosecutors could not know it would be found unless they had a Correspondence with the Grand Jury That the Jury was not summoned by the Bailiff but agreed upon by the Vnder-Sheriff and Graham and Burton Upon the Sentence he expressed himself in that excellent manner which the Reader may turn to in the first part of the Display of Tyranny Page 200. Whereupon the Chief Justice foaming at the Mouth told him he was mad To which Colonel Sidney with great composure and gallantry of mind stretching out his hand said My Lord feel my Pulse and see if I am disordered I bless my God I never was in better Temper than I now am Dr. Chamberlaine being examined deposed That meeting the Lord Hallifax in the Gallery at White-hall he asked his Lordship whether the Aldermen were to blame that defended the City Charter and he believes he did not blame them but said the King must or will have the Charter he rather thinks it was must have it he believes he might tell this to the Duke of Monmouth my Lord Russell and others That it was for Sr John Laurence's sake he asked the Lord Hallifax and to him he gave advice to take care in what he did he being one of the Committee to defend the Charter A Memorial of the Numbers of Charters Dispensations and Pardons passed between October 1682 and the time of the late King's Abdication THe Marquess of Hallifax was Lord Privy Seal from October 1682. to February 1684. In which time 166 Charters were granted whereof one passed immediatè No Dispensations passed in that time In that time 47. Pardons with Non-Obstante's and Clauses with Dispensations were granted whereof three passed immediatè The Earl of Clarendon was Lord Privy Seal from February 1684 to December 1685. in which time 94. Charters were granted whereof 17 passed immediate No Dispensations passed in that time In that time 10 Pardon with Non-Obstante's and Clauses with Dispensations were granted whereof two passed immediatè The Lord Tiveot and others were Commissioners of the Privy Seal from December 1685. to March 1686 7. in which time 26 Charters were granted which passed in the usual manner Dispensations with the Penal Laws in that time were Six whereof one was immediatè In that time 70. Pardons with Non-Obstante's were passed whereof one of them immediatè The Lord Arundel of Wardour was Lord Privy Seal from March 1686 7. to 4 Jacobi 2. in which time 56 Charers were granted whereof 41. passed immediatè Dispensations in that time were 35. whereof 3 passed immediate In that time were 47 Pardons with Non-Obstante's passed whereof 25 passed immediate These are the heads of the Earl of Stamford's Report which being read in the House of Lords the same was by Order sent down to the House of Commons for their Information in these Affairs Copies of some Papers mentioned in or relating to the forgoing Informations Copy of the Advertisment in the Gazette Number 1880. November 26. 1683. relating to the Duke of Monmouth mentioned in the Examinations of Mr Row and Mr Yard WHite-hall November 25. His Majesty having this afternoon called an Extraordinary Council was pleased to acquaint them that the Duke of Monmouth did the last night surrender himself to Mr Secretary Jenkins having before writ a very submissive Letter to his Majesty entirely resigning himself to his Majesty's disposal That his Majesty his Royal Highness went down to Mr Secretary's Office where the Duke of Monmouth was who shewed himself very sensible of his crime in the late Conspiracy making a full Declaration of it And that having shewed an extraordinary penitence for the same and
made a particular submission to his Royal Highness for his misbehaviour towards him His Majesty and his Royal Highness received so much satisfaction that upon his Royal Highnesse's desire and entreaty His Majesty was pleased to Pardon the said Duke and thereupon did order Mr Attorney General to stop further proceedings against him but ordered he should proceed notwithstanding against all the rest of the Conspirators Copy of the Paper mentioned in the preceding Informations was wrote by King Charles the seconds's own hand who imposed upon the Duke of Monmouth to transcribe and sign it I have heard of some reports of me as if I should have lessened the late Plot and gone about to discredit the evidence given against those who have dyed by Justice your Majesty and the Duke know how ingeniously I have owned the late Conspiracy and tho' I was not conscious of any design against your Majestys Life yet I lament the having had so great a share in the other part of the said Conspiracy Sr I have taken the Liberty to put this in writing for my own vindication and I beseech you to look forward and endeavour to forget the faults you have forgiven me I will take care never to commit any more against you or come within the danger of being again misled from my duty but make it the business of my Life to deserve the Pardon your Majesty hath granted to your dutiful Moumouth Copy of a Paper delivered to the Lord Keeper North the Lord Chief Justice Jeffryes and the Attorney General by the Lady Armstrong on behalf of her Husband Sr Thomas Armstrong I am informed that by the Common Law of England any Man that was outlawed in Felony or Treason might bring a Writ of Error to reverse the Outlawry which was to be granted ex debito Justitiae tho' it may be the sueing forth such a Writ of Error to the King might be by way of Petition As in a Petition or Monstrans de droit for Lands And so it was resolved in Ninian Melvin's Case Co. 4. Just 215. Next by the Common Law if any Man were in England at the time of the Exigent awarded and went out of the Realm after that and before the Outlawry pronounced he could never assign that for Error that he was beyond Sea at the time of pronouncing the Outlawry And the reason is because he was here at the awarding of the Exigent and might reasonably have notice of it On the other side if any Man were out of England during the whole Process and pronuntiation of the Outlawry it was never yet a doubt but that was Error and might be assigned for Error either by the party or by his Heir at the Common Law and so continues to this Day and was not long since adjudged in O. Kerney's Case the Jrish man But that Case differed greatly from this O. Kerney being a Friend of Holy Church who came in two Years after the Outlawry Then comes the Statute of 5. 6. Edw. 6. Cap. 11. and enlarges the Law for the benefit of the outlawed person and gives him liberty to assign for Error that he was beyond Sea at the time of the Outlawry pronounced which he could not do by the Common Law if he went away after the Exigent For if he went before the Exigent that was Error by the Common Law before the Statute and so continues Then comes the Proviso and saith That he must come in within a Year and render himself to be entituled to the benefit of that Act which was to assign for Error that he was beyond Sea at the time of the Outlawry ponounced So that upon this State of the Law and my Husbands case he being beyond Sea at the time of the Process and at the time of the Outlawry pronounced It is conceived he is well entitled to assign this for Error at the Common Law without any aid of the Statute tho' the Proviso in that â—tatuâ—e should be ruled against him which with submission it is the opinion of many learned Persons in the Law that he is within the intent and meaning of that Proviso for many Reasons too long to trouble your Lordship with now Therefore I do hope that this Case of my Husband 's being the first Case that ever any Man was executed upon an Outlawry that did not desire it may have that weight with your Lordship which it deserves Holloway a little before being in the same condition refused a Tryal and so was executed upon the Outlawry And do hope that your Lordship will so advise the King in matter of Law whose Counsel you are that my Husband may have a Writ of Error granted him and Counsel assigned him to argue these points as by Law hath been allowed to Criminals in Capital Cases with whatever else shall appear upon the Record of Outlawry produced which as yet my Husband nor any for him ever saw Colonel Sidney's Plea drawn by Mr Serjeant Rotherham PRedict Algernon Sidney dicit quod per Statut in Parliamento inchoat tent apud Westm octavo die Maij Anno regni domini Regis nunc decimo tertio ibi continuat usque tricesimum diem Julij tunc prox sequen ab eodem tricesimo die Julij Adjornatum usque vicesimum diem Novembris tunc prox sequen Intitulatum An Act for Safety and Preservation of his Majesty's Person and Government against Treasonable and Seditions Practices and Attempts inter alia Ordinat inactitat fuit per Autoritatem Parliamenti predicti quod null Persona sive Personae virtute Actus predicti incurreret aliquas penalita tes in Actu predicto mentionat Nisi Ipse vel Ipsi prosecut esset vel essent infra sex Menses prox offens commiss indictat esset superinde infra tres Menses post talem prosecutionem aliquo in Statuto predict content in contrarium non obstante Et predictus Algernon ulterius dicit quod ipse proseeut fuit commissus Prisonoe Turris de London pro Offens in Indictamento predict mentionat vicesimo sexto die Junij ultimo preterito non anta ibidem continuat Prisonar huousque Et quod ipse predict Algernon non fuit indictat pro aliquo vel aliquibus Offens in Indictimento predict mentionat in fra tres Menses prox post prosecutionem predict Et hoc predict Algernon parat est verificare unde petit judicium si ipse predict Algernon quoad aliquod Crimen sive Offens in Indictamento predict mentionat quod Crimen vel Offens non fuit Alta Proditio ante confectionem Statuti predict respondere debeat et quoad omnes Proditiones Crimina Offens in Indictimento predict mentionata quae non fuere vel fuit alta proditio ante confectionem Statuti predict idem Algernon dicit quod per Statutum in Parliamento tento apud Westm in Com Middlesex in Festo sancti Hillarij Anno regni Domini Edwardi nuper Regis Angliae tertij
Anno regni sui vicesimo quinto editum intitulatum A Declaration Which Offences shall be judged high Treason inter alia inactatum fuit Autoritate ejusdem Parliamenti quod si ullus casus suppositus esse Proditio qui non specificatur in eodem Statuto acciderit coram aliquibus Justitiarijs Justitiarij moram facient Anglice shall tarry sine aliquo progressuad Judicium Anglice going to Judgment de predictâ proditioni nsqu Causa monstretur declaretur coram Rege Parliamento suo Quodque per Statatum in Parliamento tent apud West in Com Midds quinto die Octobris Anno regni Dominae Mariae nuper Reginae Anglae primo intitulatum A Repeal of several Treasons Felonies and Premunires inactit fuit inter alia Autoritate ejusdem Parliamenti quod abinde nullum factum vel Offens existen per actum Parliamenti vel Statut fact Proditio per Verba Script Notationem Anglice Ciphering fact aut aliter quocunque capt habit Census Anglice deemed vel adjudicat esse alta Proditio nifi tantum tal quae declarantur exprimuntur esse Proditio in vel per Actum Parliamenti vel Statut factum in Anno vicesimo quinto regni prenobilis Regis Edwardi tertij tangen vel concexnen Proditiones vel Declarationes Proditionis nul al. nec quod aliquae paene mortis penalitates vel forisfactur in aliquo modo sequuntur Anglice ensue vel sint alicui Peccatori Anglice Offender vel Peccatoribus Anglice Offenders pro facien vel committen aliquam Proditionem aliter quam tal quae in Statuto predicto facto in dicto Anno vicesiano quinto regni dicti Edwardi Regis ordinat provis aliquo Actu vel Actus Parliamenti Statut vel Statuta ad aliquod empus antea habit vel fact post dictum vicesimum quintum Annum dictinuper Regis Edwardi tertij vel aliquam al Declarationem vel materiam in contrarium aliquo modo non obstante Et predictus Algernon dicit quod ipse non est culpabilis de aliqua vel aliquibus Proditione vel Proditionibus in Indictamento predicto mentionat quae specificatur vel specificantur in Statuto ultimo mentionato modo forma prout in Indictimento predicto mentionat Et de hoc ponit se super Patriam The Names of the London Grand-Jury returned July 1683. When the Conspirators had decreed the Murdering my Lord Russell RIchard Alie Esq Sworn Peter Parivicini Sworn Benjamin Skutt Sworn Philip Harman Sworn Benjamin Thorowgood Sworn William Longmore Sworn John Price Sworn Francis Brerwood Sworn VVilliam VVithers seni Sworn William Lovel Sworn John Debnam Sworn Prcival Gilborne Sworn Henery VVood Sworn JOhn Cooper Sworn Samuel Newton Sworn Henry VVagstaffe Sworn Thomas Blackmore Sworn Thomas Larner Sworn John Potts Sworn Leonard Bates John Femill Barth Ferryman Spencer Johnson and James Kelke The Pannel of Jurors pick'd for the Tryal of my Lord Russell in July 1683. Colman-Street-Ward SIR James Ward Sr Tho. Davall Arthur Baron Thomas Moffit John Martin Thomas Hadges Will. Fitzacherly William Rouse Tower-Ward Peter Joye John Pelling Tho. Porey Will. Winberry Tho. Normansel Richard Meynell William Pellatt Jervas Seaton Richard Burden Algate-Ward Jacob Lucy Peter Jones and William Crouch Billingsgate Ward Henry Loades Hugh Strode Robert Mellish and Abraham Wright Breadstreet Ward Peter Ayleworth William Danes John Steventon VVilliam Rutland William Fashions Thomas Shorte Samuel Skinner Theophilus Man George Baker Richard Kent Ar. Gerlington Chapman Dowgate-Ward Richard Hamond Fr. Chamberlain John Jenew and John Bridges Ward of Bishopsgate within John Busson Joel Andrews and Ralpo Izard Bridge-Ward John Short senior Thomas Nicholls Roger Mingay Candlewick Ward George Toriano William Butler William Parker and James Pickering Limestreet Ward John Hall Matthew Gibbon Thomas Angier Robert Masters Luke Pead Christopher Johnson Philip Perry Stephen Gittings and William Warren Walbrooke Ward John Westbrooke John Tempest John West and Edward Le Neve Langborne-Ward William Gerrard Anthony Mingay Nathaniel Hornby Henry Collyer James Smith Thomas Lowfield Thomas Jenny Samuel Hanckee Cripplegate Ward Robert Aske Thomas Jeve Hugh Noden Robert Brough John Mallory Thomas Yate William Crispe John Walkly Thomas Oneby Ward of Farringdon within Francis Griffith Peter Pickering Edward Rigby Richard Hoare Thomas Barnes Henry Robins Henry Kempe John Owen William Simonds Thomas Grice Ward of Farringdon without Paul Weeks Roger Reeve Edw. Reddish Edw. Kempe Will. Brown Ambros Istead Thomas Fowles Thomas Hamond Thomas Fitzer Thomas Dring Henry Baldwin Robert Fowles Thomas Rawlinson William Warne Valentine Castillion Jervas Wilcox James Smith Ward of Aldersgate within Peter Floyer Ward of Aldersgate without Robert Scott John Andrews Jeremiah Wright Jacob Sheldrake Cordwayner Ward Thomas Coulson Vnity Ward George Peck John Hoyle Ward of Castlebaynard Sr William Dodson Sr Edm. Wiseman William Goslin Nicholas Alexander Nicholas Charleton Christopher Pitt Robert Beddingfield Thomas Warren By Peter Rich Esq Sheriffs and Sr Dudly North Sheriffs Knight Sheriffs The Names of the Grand-Jury at the Sessions the 14th of October 1685. when the Conspirators had resolved to Murder Alderman Cornish and Mrs Gaunt PErcival Gilborne Bart. Ferriman Thomas Blackmore Thomas Simonds William Watton Thomas Barnesly John Greene Thomas Amy Jofeph Baggs John Reynolds Robert Blackmore Joseph Caien W. Withers Junior Thomas Deacon Richard Browne Thomas Mills John Bernard William Fownes John Luker The Pannel of Jurors for the Tryal of Alderman Cornish in October 1685. returned out of most of the Wards of the City by the particular care of Sr. Benjamin Thorowgoed in regard that Mr Cornish had been one of his Predecessors See this page 289. SIr William Russell Sr Mich. Hicks Sr. John Mathews Sr William Dodson Sr Thomas Griffith Sr Edmun. Wiseman Sr John Clarke Sr Thomas Vernon Sr Edward Boveree Richard Alie Esq Ralph Box Esq Thomas Hartepp Esq Thomas Fowle Arthur Baron Benjamin Skutt Thomas Rawlinson John Shorte Senior Thomas Goddard William Gore John Kent Edward Griffith Esq William Withers Sen. John Midgly John Carpenter Franc. Chamberlain Peter Joy Thomas Langham George Toriano Henry Loades Robert Bedingfeild Ambrose Istead William Butler Kenelm Smith Ralph Lee William Moyer Robert Scott William Warne Thomas Shorte Jermingham Chaplin John Jenew James Pickering James Smith Thomas Lofeild James Woods Tho. Pendleton Samuel Hinton Nicholas Smith James Smith Tho. Peircehouse John Grice Thomas Oneby Richard Cotton Richard Hoare Roger Reeves William Crouch John Foster Thomas Sergeant James Richardson William Cloudsly Richard Holford Thomas Crane Lewis Wilson Henry Wood William Tigh John Pelling Gervis Wilcox Jacob Sheldracke George Peck Francis Breerewood W. Longmore John Price William Fitzacherly William Fashion Walter Acton Stephen Coleman Robert Clavel William Long John Wells Maurice Mosely John Pott Thomas Lardner James Kelke John Perrott Thomas Ashby Samuel Skinner William Rouse Noel Basano Paul Sherman John Walkly and William Humfreys The Pannel of Jurors returned for the Tryal of the Honourable Colonel Sidney