Selected quad for the lemma: lord_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
lord_n	day_n	sabbath_n	sunday_n	11,265	5	11.9324	5	false

Text snippets containing the quad

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

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

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

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

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

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

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

maintenance and sustenance of him the said James Burton unto the said James Burton maliciously and traiterously she did give and deliver and cause to be given and delivered against the duty of her Allegiance and against the peace c. and against the form of the Statute c. Clerk How saist thou art thou guilty or not guilty Mrs. Gaunt I desire to have more time to consider of it L. C. J. Jones You know whether you be guilty of this offence what need you have any time of consideration for that Mrs. Gaunt I don't know Sir I am ignorant in the Law and in things of that nature L. C. J. Jones But this is not matter of Law it is whether you did receive these Traytors or no knowingly this James Burton knowing him to have committed Treason Can't you tell whether you did or no Mrs. Gaunt Not guilty Clerk How wilt thou be try'd Mrs. Gaunt By God and my Countrey Clerk God send thee a good deliverance Then the Middlesex Jury returning Mrs. Gaunt was set aside and Ring and Fernley brought to the Bar who were both brought in guilty by the Jury Clerk Set Henry Cornish to the Bar and Eliz. Gaunt which was done You the Prisoners at the Bar these men that have been now called and here appear are to pass between our Sovereign Lord the King and You upon your several Lives or Deaths If you challenge any of them you must speak as they come to the Book to be sworn before they are sworn Mr. Cornish My Lord I must humbly beg leave of your Lordship and this honorable Court that I may renew my request The time of notice given me for my Trial being so short it hath no precedent I think I humbly pray your Lordship I may have time allowed for my Trial I have had no Councel no Pannel no help in the world I had not Pen Ink nor Paper my Lord these are very hard things My Lord His Majesty was petitioned last night by my Children and he was graciously pleased to say that he would refer it to my Lords the Judges I only pray your Lordships that you would be pleased to allow me time Though here is a grievous Indictment brought against me yet I doubt not but to clear my self of what is alledged against me if I have but time to prepare my self for it therefore I humbly pray that I may have time allotted L. C. J. Jones You told us so before that you had exhibited a Petition to the King and that the King did refer it to the Judges you shew us nothing of that Mr. Cornish My Lord I can but only signifie to your Lordship what I hear my Children were with me and told me they had petitioned the King and His Majesty was pleased graciously to receive it Mr. Att. Gen. The King left you to the course of the Law Mr. Cornish It is very hard measure I have no preparation at all no more than at the first moment but I bless God I hope I shall in time satisfie you of my Innocency L. C. J. Jones You were apprehended and seized upon Tuesday last this is almost a week you knew what you were charged withal Mr. Cornish My Lord I did not know what I was charged withal I had no liberty of Friends to come to me my Wife at length obtained leave but it was in the presence of Major Richardson I had no Friend with my Wife no Pen Ink nor Paper L. C. J. Jones Was Pen Ink and Paper deny'd you did you ask it Mr. Att. Gen. As soon as he petition'd for it he had it Capt. Richardson He had Pen Ink and Paper L. C. J. Jones When was that Capt. Richardson On Saturday Mr. Cornish My Lord it was eight a clock at night Mr. Just Levins Mr. Cornish I would not have you think you are used otherwise than other men are for I must tell you it is not usual to have Pen Ink and Paper without leave Mr. Cornish I know it hath been allowed in the like case Mr. Just Withins Ay upon petition never else Mr. Just Levins There are many men and of as good quality as you tried for killing men does any body give them notice Is there any more necessity of notice in point of Treason than in point of Murther Mr. Just Withins I told you what your offence was when you were committed Mr. Cornish My Lord I remember in my Lord Russel's Case he had at least seven or eight days allowed him Mr. Just. Levins It may be so but it is not necessary Prisoners that are tried here generally have no notice at all if one man hath a singular favour another man cannot claim it Mr. Cornish My Lord I have a material Witness above 140 miles off L. C. J. Jones My Lord's Trial I think was put off but till the afternoon Mr. Cornish With submission to your Lordship I think he had eight days assign'd him But my Lord I humbly conceive I have a Witness that is very material in my Case that is 140 miles out of Town in Lancashire I humbly pray I may have time allotted me to send for him L. C. J. Jones Why did not you set forth that in your Petition to the King Mr. Cornish My Lord I did not understand the case L. C. J. Jones Were not you committed for High-Treason Mr. Just Withins I told you so my self I shew'd you the Commitment therefore you can't pretend you were ignorant of it Mr. Cornish My Lord it did not mention this King or the last And I am not a Lawyer I am not skill'd in these things I am very ignorant and hope your Lordship will consider me my Innocence will appear as bright as any mans that ever stood at this Bar. L. C. J. Jones I don't believe you want that Evidence 140 miles off Is he the only man that can make your Innocence appear Mr. Cornish My Lord by what I apprehend he will be the most material Witness I have My Lord I shall desire nothing but with submission to your Lordship and the Bench but I humbly conceive it is very reasonable I should have time and I humbly pray your Lordship to consider it L. C. J. Jones Mr. Attorney have you any directions Mr. Att. Gen. No my Lord. Mr. Cornish I do not doubt If I might have a little time to make my defence Just Withins You should have applied your self to the King it does not lie in our power Mr. Cornish My Lord I humbly pray you to consider my case Mr. Just Withins Mr. Bridgman here on the Bench says there was a Petition before the King for putting it off and the King absolutely refus'd it Mr. Just Levins We have nothing to do Sir we are here by Commission to try you Mr. Cornish My Lord I have been denied a copy of the Pannel I hope that is reasonable I must desire a copy of the Pannel Mr. Att. Gen. That is none of your right

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