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
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 â—â—d promise to the said divers false Traitors and Rebels then and there present That he the said â—â—â—nâ—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 â—â—â—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
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
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 grâ—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
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 iâ— 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 Gâ—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 â—oâ—â—shâ—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
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 â—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
Deliverance and all Persons that are bound by Recognizance to give Evidence against either of the Prisoners at the Bar let them come forth and give their Evidence or else they forfeit their Recognizance and all Jury-men of Middlesex that have appeared and are not sworn let them depart Clerk Set William Ring to the Bar and set by the other William Ring hold up thy hand You that are sworn look upon the Prisoner and hearken to his Charge he stands indicted by the name of William Ring c. prout antè Your Charge is to enquire whether he be guilty of the Treason whereof he stands indicted or not guilty c. Mr. Phipps You the Gentlemen that are sworn the Prisoner at the Bar is indicted for that knowing one Joseph Kelloway and one Henry Lawrence to be false Traitors and to have levied War against the King on the 20th of July did harbour conceal and relieve those Traitors against the Duty c. Upon this he hath pleaded not guilty c. Mr. Att. Gen. Gentlemen of the Jury the course of our Evidence will be thus Kelloway and Lawrence were in the late Rebellion in the West in the late D. of Monmouth's Army and after that Battel when they were overthrown they came up to London and the Prisoner at the Bar received and comforted them and not only provided a Lodging and Meat and Drink for them but afterwards provides another Lodging for them and this he knew for they were very merry telling the whole Story of the Fight and notwithstanding this he entertains them We will first shew you the Record of the Conviction of Kelloway and Lawrence and then call Witnesses to prove the other things upon the Prisoner The Record produced Mr. Harcourt sworn L. C. J. Jones Is that a true Copy of the Record Mr. Harcourt answered Yes whereupon the Clerk reads Joseph Kelloway stands indicted by the Name of Joseph Kelloway of Taunton in the County of Somerset Yeoman and Henry Lawrence of the same Parish and County Yeoman with a great many others L. C. J. Jones See what they have done Clerk They are indicted of Treason for levying War against the King and they have confessed the Indictment upon their Arraignment and the Judgment upon the Indictment is That the said Kelloway and the rest of them there should he led to the Prison from whence they came and from thence to be drawn to the place of Execution and upon the Gallows there to be hanged every one of them in the said Indictment and living to be cut down and their Entrails to be taken out of their Bodies their Heads to be taken off from their Bodies and their Bodies divided into four Quarters Mr. Att. Gen. This shews they were Traitors Now we will shew you that in the mean time between their Treason and Conviction this Prisoner did receive them Call Mr. Barrington Who was sworn Mr. Jones Mr. Barrington what do you know concerning Mr Ring Mr. Barrington If it please you my Lord on the 12th of July last I was abroad about my Master's Business and in the mean time when I was absent as I was informed there came Mr. Ring who lives in Witch-street at the Sign of the Bible and when I return'd I was told that Mr. Ring was at our House to speak with me and that there was one Mr. Lawrence there at Mr. Ring 's at the Bible in Witch-street and when I came there there was Mr. Lawrence at Mr. Ring 's House and when I came to the House on the right hand there was his Wife as I take it I asked for Mr. Lawrence and she was a little at a stand said I I understand Mr. Ring was in such a place to inform me Mr. Lawrence desired to speak with me upon that she shewed me where he was I went up to him and he was lying upon the Bed very weary and tired and when I had been there a while there came in one Kelloway and they said they came both out of the West Country and came on Friday night and I saw them on Saturday If it please your Lordship I called there after and knocked at Mr. Ring 's Door and there came a Woman and made Answer That they were gone from thence both of them and that they were to go on Ship-board to see some Friends and I call'd there upon Wednesday the 15th day at night to see Mr. Lawrence at Mr. Ring 's House and Mr Lawrence told me he was going from thence to the Pewter-Platter in Saint Johns's and when Mr. common Serjeant came to examine me about these men I made a true Confession that they were at Mr. Ring 's and removed to the Pewter-Platter and when we came to search at the Pewter-Platter at fiâ—st they did not know any such men till we described them then they confessed there were such men there on Tuesday and Wednesday night but not the night before which was Thursday night from thence we went without Temple bar to Mr. Ring 's where they were at first and Mr. Crisp and I went together to enquire for these men and there was a Woman which I think is Mr. Ring 's Wife I can't tell I enquired for these men and she made Answer That they were not there at present and said she could not tell at present but that they lay there the last night which was Thursday night that was Ring 's Wife I take it should say they were there the night before so afterwards that she had owned they lay there on Thursday night she asked me what this Gentleman was so I told her he was a Friend of mine so afterwards we were at the Castle Tavern without Temple-bar by St. Clements Church and Mr. Common Serjeant was pleased to send for Mr. Ring to examine him about these men what Lodgers he had in his House on Friday night Saturday night Sunday night and Monday night Mr. Ring knew nothing of any men that came out of the Country so upon that he denying it Mr. Common Serjeant ordered his House to be searched and in searching they found a Paper upon the Chamber Window that was brought to the Castle Tavern where Mr. Ring was and the Paper was produced and Mr. Ring would confess nothing till such time as they found that Paper L. C. J. Jones See is that the Paper you speak of Mr. Barrington Yes this is the Paper L. C. J. Jones Now go on Mr. Barrington That is all I have to say if it please your Lordship L. C. J. Jones Did you see them in the Company of Ring Mr. Barrington I did not see him when I was at the House Mr. Sol. Gen. You say Mr. Ring would confess nothing till such time as this Paper was found What did he say after the Paper was found Mr. Jones Ring was by what did he say upon producing that Paper L. C. J. Jones Was the Paper shewed to him Mr. Barrington I think not he would have seen it
Mr. Just Withins You said he would confess nothing till that Paper was produced Mr. Barrington Truly I can say no more of it Mr. Jones When the Paper was produced at the Castle Tavern what did he say then Mr. Just Withins What did Ring say at the Castle Tavern Mr. Barrington I can't remember but that he denied every thing Clerk Calâ— Mr. Barrow Who was sworn Mr. Barrow Sir I heard Ring confess to my Lord Mayor in July last that he lodged Lawrence and Kelloway and that Lawrence and Kelloway did tell him that they had been both in the late Western Rebellion in Monmouth's Army and that after that he had lodged them two or three Nights this I heard him confess Counsel Pray speak it again Mr. Barrow That Lawrence and Kelloway had told Mr. Ring they had been in the late Western Rebellion in Monmouth's Army and that he had lodged them two or three nights in his own House Mr. Common Serjeant What did you hear him say concerning Mr. Herle Mr. Barrow There was some talk concerning Mr. Herle or Herle L. C. J. Jones Did he say he lodged them after they had told him that Mr. Barrow After that That is all I can say Clerk Call Mr. Crisp Who was sworn Counsel Give my Lord and the Jury an Account of what you know concerning Mr. Ring Mr. Crisp I went to search Mr. Ring 's House my Lord and in the Window there was that Letter under Mr. Lawrence's own hand sealed up and directed to Newberry for a Horse which he had stole fâ—om his Master and left at Newberry which Letter I brought to the Tavern and when we came to the Tavern we examined him and he denied every thing but at last we came to the Tavern we examined him and he denied every thing but at last we shewed him the Letter and he owned he had such a Consin and another that he did not know but that he did not lodge there then and when he came to the Sessions-House Lawrence and Kelloway were produced before him and were examined what Account they had given to him when they came to his House they told him after the Duke of Monmouth was beaten they ran away to London and Kelloway being his Cousin brought Lawrence with him they told him the Duke was beaten and lay there Friday night Saturday night Sunday night and Monday night Mr. Jones He owned he knew Kelloway Mr. Crisp Yes L. C. J. And that Kelloway had been in the Duke's Army and that he was beaten Mâ— Crisp Yes L. C. J. Jones What did Ring say upon it Mr. Crisp Ring said nothing there to it he confessed he lodged them 2 or 3 nights Counsel Swear Mr. Hardisty Which was done Mr. Att. Gen. Mr. Hardisty pray will you give my Lord and the Jury an account of his Examination Mr. Hardisty I was directed to attend my Lord Mayor at the Examination of Mr. Ring the Prisoner at the Bar above here in the Room and did accordingly and upon Examination my Lord he did make this Confession This is the Examination and it is as he gave it in himself and signed by himself L. C. J. Jones And read to him Mr. Hardisty Yes half-a-dozen times I believe Mr. Comm. Serj. My Lord upon the appearing of Lawrence and Kelloway before him then he confessed all The Examination of William Ring of the Parish of St. Clement Danes in the County of Middlesex Taylor taken before the Right Honourable Sir James Smith Kt. Lord Mayor of the City of London this 18. day of July 1685. who being examined saith as followeth THat Joseph Kelloway and one Henry Lawrence the said Kelloway's Acquaintance came to this Examinant's House on Friday or Saturday last That this Examinant did ask of Kelloway being this Examinant's Kinsman what did drive them to Town That they told this Examinant that they went to Monmouth that he was routed and that brought them to Town or to that purpose That they were in Monmouth's Army That the night they came he this Examinant told them he was unwilling to lodge them That he this Examinant did lodge them after this Discourse Saturday Sunday and Monday nights and they dined twice with this Examinant That they were at his House on Friday morning but where they lay on Wednesday and Thursday saith he knows not Saith that Lawrence sent this Examinant to a Glover in St. Bartholomews Close who was a Journey-man in the House as this Examinant supposeth and told the Master of the House that there was a Kinsman of his Journey-man's would speak with his Journey-man Saith Kelloway and his Acquaintance told this Examinant that they left their Horses at Newberry That a Note being produced directed to this Examinant to deliver several Goods therein mentioned and being examined upon the said Note this Examinant saith That he this Examinant was sent for to the Castle Tavern near Shoe-lane in Fleetstreet and one Bond brought this Examinant the Note above-mentioned and now produced to him believes the Note to be the hand-writing of James Hooper That this Examinant was there to enquire of one Hearne but expected to meet James Hooper who formerly told this Examinant that he went by the Name of Hearne That being in Discourse with James Hooper about the time of the late Duke of Monmouth's Landing James Hooper told this Examinant that his the said Hooper's Brother was with the Duke of Monmouth and that he the said James Hooper would go to him the said Duke or to that purpose Further this Examinant saith That about a Fortnight ago he carried according to a Note from Hooper to that purpose to a Joyners House in Ivy-lane London a Cravat and a pair of Cuffs and then enquired for Hooper of a Woman of the said house and saith that then he this Examinant did speak with James Hooper who lay private there because as this Examinant believes the said Hooper was concerned in the Rebellion Saith he hath not seen him the said Hooper this Fortnight nor heard from him otherwise than by the Note now produced Will. Ring Taken before me Sir James Smith Lord Mayor Mr. Att. Gen. Call Mr. Richardson to prove that these were the same men that were carried down Who was sworn Mr. Richardson Pray give an account whether these were the men you carried down into the West Mr. Richardson My Lord those two Persons that is Joseph Kelloway and Henry Lawrence that were committed for being in the late Rebellion I carried them both down into the West where they were both Convicted one is executed and the other hath a Reprieve Mr. Just Withins Henry Lawrence was Capt. Hunt's man Mr. Richardson The same he ran away with his Horse and Arms. L. C. J. Jones Can you tell these were the same men that were present at his Examination Mr. Richardson The very same men they were committed at the same time he was examined before them for they were all committed at the same time together
L. C. J. Jones What do you say Sir you the Prisoner at the Bar what do you say for your self Mr. Ring I did not understand what they were L. C. J. You knew the Prisoners one of them was your Kinsman Mr. Ring I did know him but the other I did not know I did not know what Design they had been upon L. C. J. Jones Your own Examination says you did Mr. Ring Then my Examination is wrong L. C. J. Jones Hear hear again You did receive them and then they told you that they were in Monmouth's Army and that Monmouth was beaten and afterwards you continued to harbour them in your House three nights Mr. Just Withins And dined twice with them Mr. Ring My Lord I never heard of it L. C. Baron That Gentleman heard you say they had told you they had been in Monmouth's Army and you lodged them after Mr. Crisp Yes my Lord and when we were there the Woman would not own them L. C. J. Jones Why did you hide them in your House and not confess it Mr. Ring At first I did deny it Counsel Yes and did deny it till Lawrence and t'other man were brought before you Mr. Ring My Lord what I did was ignorantly done L. C. J. Jones Did you hear your Examination now read Mr. Ring I heard most of it I believe L. C. J. Jones Pray let it be read again Counsel It was read over and over 4 or 5 times Mr. Hardisty He was upon it I believe an hour together it was taken first in parts and as he recollected himself it was compared and afterwards my Lord Mayor desired him to consider with himself and then the Examination was written fair over and he signed it and it was read several times 6 or 7 times Mr. Ring My Lord I do acknowledge I did lodge them but I did not understand what Design they had been upon L. C. J. Jones But you see here you have acknowledged they said they were in the Army and you did lodge them afterwards they were of Monmouth's Party they had told you so Read that part again Mr. Hardisty Joseph Kelloway and one Lawrence the said Kelloway's Acquaintance came to this Examinant's House on Friday or Saturday last that this Examinant did ask Kelloway being this Examinant's Kinsman What did drive them to Town that they told this Examinant that they went to Monmouth that he was routed and that that brought them to Town Mr. Ring I never said that Word Mr. Just Withins It is under your Hand Mr. Ring If it be under my hand I never said it Mr. Sol. Gen. Was that part read to him Mr. Hardisty Yes L. C. J. Jones Read on Mr. Hardisty That they were in Monmouth's Army that the Night they came this Examinant told them he was unwilling to lodge them and that this Examinant did lodge them after this Discovery Saturday Sunday and Monday night and they dined twice at this Examinant's House L. C. J. Jones What do you say now to this Can there be any thing more plain Mr. Ring I do acknowledge my Lord I did lodge them but I was not sensible what the issue of this Business would be L. C. J. Jones You did not know That to harbour known Traitors was high Treason Mr. Ring My Lord I don't know whether they came from Monmouth or no. L. C. J. Jones It is no great matter whether you do or no they told you so Mr. Ring I never heard such a Word from them L. C. J. Jones How came it to be put in your Examination Mr. Ring I don't know my Lord when it was taken I was in a maze I think the Parish knew well enough that I never kept any such Company nor had any such Design Mr. Just Withins He confesses it over-night causes it to be writ down next day and sets his hand to it too nothing can be more plain L. C. J. That is a great Argument you were not in such surprise that you had not the use of your Understanding for you confessed the same thing over night and you had time to consider of it all night and you came the next morning and then confessed as now it is written and put your hand to it Mr. Ring I was ordered to put my Hand to it L. C. J. Jones That is if you acknowledged it to be true Mr. Ring I did not know what was put down Mr. Just Levins The matter is so plain that nothing can be more When they came to you they informed you where they had been and afterwards you were unwilling to lodge them you knew therefore they had been in the Rebels Army and so the matter is plain and for ought I can hear this is not the first time you have harbour'd such men L. C. J. Jones There is another thing touching one Hurle but you are not charged with it in the Indictment and so we don't trouble the Jury with any Evidence concerning that Have you any more to say Mr. Ring I do acknowledge my Lord that I lodged them but I did not understand any thing else L. C. J. Jones Why did not you confess it Mr. Ring I did not confess it Mr. Just Withins And you shifted Lodging for them after they were known to you Mr. Ring I did not L. C. J. Jones Gentlemen of the Jury the Prisoner stands Indicted of high Treason for receiving Joseph Kelloway and Henry Lawrence who were Traitors and known to him to be Traitors and harbouring them in his House and giving them Entertainment and Comfort this Gentlemen is clearly High-Treason by Law and tho' this man himself were not in actual Rebellion yet if he do receive any that he knows to have been so he is equally guilty he is a principal Traitor by the Judgment of the Law and however he would now pretend his Ignorance that he did not know that they were in the Army or if he did know they were in the Army that he had incurr'd so great a danger as the forfeiture of his Life which now he stands as well as he can to defend yet it does appear plainly to you not only by his own Confession taken upon his Examination but likewise by the Testimony of the Witnesses who were present at the time when he did confess that these men had discoursed with him and acknowledged that they were in Monmouth's Army and that he was routed and that yet he did entertain and receive them The first Witness indeed does not say the very thing but it is very much inducing to the Evidence that is given more express by the other Witness for he says that he was at his House and he enquired for them there tho he did not see him at all but his People and they not only did confess that they had lodged there but that there was a Lodging provided for them elsewhere but however if that were quite laid aside and not taken at all into consideration yet what is
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 â—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
time of dinner Mr. Fernley The discourse of it Yes my Lord what discourse was was at dinner Mr. Just Was Burton's Wife at dinner or was she upon the bed Mr. Fernley She din'd at the Table my Lord. My Lord she went to sleep when Gaunt came in Mr. Just Levins Where did she go to sleep in the same room Mr. Fernley Yes my Lord. L. C. J. Jones Where do you use to dine at other times Mr. Fernley In the Kitchen my Lord. My Lord when I came from Church the dinner was sent up thither L. C. J. Jones Woman you are upon your Oath remember that you are oblig'd by your Oath to confess the truth let it concern whom it will The discourse between your Husband and this man you could not but be privy to there was only you three at dinner your Husband You and Fernley the Prisoner at the Bar All this discourse was at dinner-time how is it possible that you should not hear it Mr. Just Levins Fernley himself owns he did discourse with your Husband at dinner that he came from the Rebels in the West Mrs. Burton An 't please you my Lord I did not hear As I said before I must say again I did not hear Mr. Just Withins Nothing about Monmouth Mrs. Burton No not one word if I were to die as I stand here Mr. Just You were at dinner Mrs. Burton Yes my Lord. Mr. Just And this discourse was at dinner-time Mrs. Burton I did not hear it Mr. Just Withins What would you ask him Sir Mr. Fernley What account he can give of my life and conversation how I have behaved my self and carried my self L. C. J. Jones What are you Sir what is your quality Mr. Rush I am a Distiller Sir Mr. Just Levins Where do you dwell Mr. Rush I did dwell two years ago in Wapping but not now I live now at Waltham-Stow Officer He is a very great Whig Mr. Just. Withins If he be a Whig he can't be a little one L. C. J. Jones How long have you liv'd at Waltham-Stow Mr. Rush Two years and upwards Sir L. C. J. Jones That is long before any thing that this man is charged withal Mr. Rush I formerly knew the man as he was a Barber and us'd to trim me I always looked upon him to be a good sober man Mr. Just Withins A Wapping-man a sober Wapping-man Mr. Rush I hope there is a great many there L. C. J. Jones That is all you can say for him Mr. Rush I have nothing to say to his fact He demeaned himself always well among his Neighbours I know nothing of the fact for which he is here Mr. Att. Gen. Did you know Burton Mr. Rush Yes Sir Mr. Att. Gen. What was Burton was he reputed an honest man Mr. Rush I never knew him otherwise I never was in his company I know he dwelt close by where I liv'd L. C. J. Jones And you took him to be a very honest man Mr. Rush Before this He has not been so lately it seems He is a person I never had any company or conversation with in my life Cryer Captain Haddock Officer He won't come in my Lord. L. C. J. Jones Well well let him stay there Cryer Mr. Dove Officer He won't come in I can't make him come in L. C. J. Jones Here are none that give any testimony for you at least will What are you Mr. Whittal I dwell in Wapping Sir Mr. Just Levins What trade are you Mr. Whittal A Plumber Mr. Just Levins Who knows you Mr. Whittal I am very well known there Sir Mr. Just Levins Do you go to Church Mr. Whittal Here 's Mr. Tanner knows me the Clerk of the Peace Mr. Tanner Yes Sir I know him Mr. Just Levins Do you go to Church Mr. Whittal Always went to Church Mr. Just Withins There were a parcel of them that went constantly to Church trimmingly L. C. J. Jones Prisoner what would you ask him Mr. Fernley Only to give an account how I behaved my self Mr. Just Withins Well Sir what do you say Mr. Whittal All I know is he behav'd himself very well and went to Church as other Neighbours did and I never heard him speak against the Government Mr. Just Withins Did you know Burton Mr. Whittal No Sir he was gone before I came to live there L. C. J. Jones Have you any more to say Mr. Fernley This my Lord may give some account that I had no design against the Government I am a poor man my Lord and upon that account I owe a great deal of money I knew there was 100 l. for securing Burton there was no gain by concealing him he was not a person could require me that I should harbour him and lose 100 l. which was certain for taking him which my Lord shews I had no design L. C. J. Jones No this argues you to be a stronger Confederate and that you were so firm to your Party you would not gain 100 l. though you might have it for doing your duty Mr. Fernley My Lord I look'd upon it as sure as if I had it in my pocket I knew nothing of him till Sabbath-day at noon and I did not design to conceal him afterwards any farther than to serve the King L. Ch. J. Jones You tell us a story of your self it is to no purpose to try any Prisoner if his saying must be taken for Evidence we will hear what Witnesses you have to produce or if you can object to the Evidence that 's against you Mr. Fernley My Lord I own it to be true I have declared more than the Witnesses have said against me but my Lord I am innocent in it God knows my heart I had no design in it It was but six hours I knew of him Mr. J. Withins You lay out of your bed before Mr. Fernley My Lord not upon his account I was a week before out of that bed to prepare it for my Wife to lie-in L. C. J. Jones Is your wife delivered Mr. Fernley No. L. C. J. Jones You made great hast Mr. Fernley It was my Wife's fault L. C. J. Jones Gentlemen of the Jury this Prisoner stands indicted for harbouring and relieving one James Burton knowing him to have committed Treason Gentlemen you are to be acquainted that this James Burton was not only guilty of the late Rebellion in the West but he was likewise charged by process with being guilty of the Plot at the Rye-house and thereupon there was such proceedings by Law that he was Outlawed the Record of which Outlawry hath been produced to you so that if there were no more if you be perswaded that he is the Person guilty whether he were in the Rebellion in the West or no that may induce you to find this Indictment for the Prisoner receiving him after the Rebellion in the West and knowing him to have committed Treason whereupon he was Outlawed it equally makes him liable to the offence wherewith he
Mr. Cornish Mr. Cornish Mr. Attorney with submission I hope I ought to have it Mr. Att. Gen No you ought not to have it You have your peremptory challenges you may challenge 35 without cause L. C. J. Jones You shall have a copy of the Pannel here Mr. Att. Gen. Yes here he may Mr. Cornish It is a very hard case when I have a material Witness so far out of Town that I can't have a little time allotted L. C. J. Jones Can't every man that comes here to be tried say the very same thing that he hath a material Witness in France Spain or any where else and that when that Witness comes his Innocence will be as clear as the Sun Mr. Cornish My Lord my Witness is in Lancashire I cannot help it I beseech your Lordship to consider me I am apt to believe that he would so much vindicate my reputation in this matter that it would be a very great satisfaction to your Lordships and I am sure you are not for oppressing any man L. C. J. Jones No Sir that we are not Mr. Cornish I am sure you are for the just vindication of the Government for executing of Justice and I will desire no other than that L. C. J. Jones Mr. Attorney if you pray he may be tried we can't deny it Mr. Att. Gen. Mr. Cornish I cannot defer it I have no authority and why you should be in another condition than other Prisoners I don't know you have not deserved so well of the Government Mr. Cornish I have not the names of the Wards where these men live and their Trades Mr. North. He hath a copy of the Pannel and that is sufficient L. C. J. Jones You may ask them where they live Mr. Cornish I hope I may have Pen and Ink my Lord. L. C. J. Jones Ay ay Then the Jury were called and after Mr. Cornish had challenged 35 of them the Jury sworn were as followeth Thomas Rawlinson Thomas Langham Ambrose Istead Thomas Pendleton John Grice Thomas Oneby William Clowdesley Richard Holford William Longboat Steven Coleman Robert Clavel William Long. Proclamation being made If any one can inform c. Mr. Cornish was set aside and Eliz. Gaunt at the Bar. Clerk Elizabeth Gaunt hold up thy hand which she did You of the Jury look upon the Prisoner and hearken to her Cause She stands indicted by the name of c. as befoâ—e in the Indictment Upon this Indictment she hath been arraigned and thereunto pleaded not guilty and for her Trial hath put her self upon her Countrey which Countrey you are Your Charge is to enquire whether she be guilty of this High-Treason whereof she stands indicted or not guilty If you find her guilty c Councel Mr. Phips May it please your Lordship and you Gentlemen that are sworn Elizabeth Gaunt the Prisoner at the Bar stands indicted for that she knowing James Burton together with other Traitors traiterously to have conspired the death of the late King and to raise Rebellion in this Kingdom did harbour the said James Burton and gave him 5 l. in money Mr Att. Gen. May it please your Lordship and you Gentlemen that are sworn the Prisoner stands indicted for harbouring of Burton who was a great Traitor and for procuring a way for his escape beyond sea and also for giving him 5 l. to bear his charges In the former Trial you had an account of her Husband and in this you will hear she and her Husband were the great Brokers for carrying over such Traitors as my Lord Shaftsbury and others these have taken care to convey them over at all times We will produce our Witnesses Call Burton and his Wife Mr. Burton sworn Mr. Att. Gen. Do you know Mrs. Gaunt Mr. Burton Yes Sir Mr. Att. Gen. Pray give my Lord and the Jury an account how she harbour'd you and all the passages that past between you and Mrs. Gaunt Pray tell first whether you were engag'd in the matter of the Rye Mr. Burton How I came concerned I will tell you if it please you Mr. Att. Gen. Speak Mr. Burton The first time I knew any thing of it Mr. Keeling came to me one Saturday-morning and asked me if I was to go to London I said Yes I was to go to the Exchange and he desir'd me to meet him at the Mitre-Tavern within Aldgate and ask for Number Five I came at the time and no body being there I was going away and met with a Countrey-man with a stick in his hand that had but one eye he came and ask'd for the same Number So the Gentleman sent his Boy after me and told me one stay'd for me When I came he ask'd me if I ask'd for Number Five and I said Yes By whose appointment By Josiah Keeling's said I. So he ask'd the man of the house to shew a Room He shew'd a Box but he would have a Room and went up stairs and call'd for Pipes and a Candle and a pint of Wine In a little while Keeling came in and brought Barber and Thompson and no body spake almost any thing but Rumbold that was Rumbold with one eye for Keeling when he came in call'd him Capt. Rumbold and Rumbold talk'd about Priviledges and such things at first and he said his house was a convenient house and there they might do the business but before they had done I found they design'd to kill the King but nothing troubled him but killing the Postillion to kill a man in cold blood But then says we If you are for killing we have done and so broke up that was the end of that A while after Mr. Keeling went in and made a Discovery I never came among them afterwards So after Mr. Keeling had discovered I was in the Proclamation for being there at that meeting and absconded my self and lay hid A matter of two months after Mrs. Gaunt came to enquire of my Wife where I was to speak with me she brought her to me She told me there were some persons about to make an escape and would have me go along with them I told her with all my heart So I ask'd her which way and how they intended to go She told me they had provided Horses to ride down to Rochford-Hundred and there was a Vessel to carry them over and says she be ready by such an evening and I will call for you Accordingly she did had me into Bishopsgate-street and in Half-moon-Alley in a little Brew house up stairs in a Chamber there were both the Rumbolds one of them did not go and the other and I lay there all night and in the morning a man came and called us away and we went to White-Chappel to take Horse to ride down to Rochford-Hundred and staid for the Vessel two days and when we met the Vessel it was a small Vessel and bad weather and the Master of the Vessel had but one hand and two Boys one a very little one and
one of the Consultations concerning it and that afterwards be did withdraw himself from the Company as he saies but he saies that this Womans Husband being likewise concerned in the Plot and this woman as he believes knowing that he was able to make some Discovery concerning her Husband and knowing also his danger in respect of his own guilt she endeavours to send him away first to Rochford and so to go beyond Sea And afterwards in another place in Houndsditch and from thence he was to be conveyed beyond Sea It is true there is no direct proof that there was any particular mention that Burton was in the Proclamation for that Treason but the woman saies and Burton himself saies that they do both verily believe that the Prisoner at the Bar did know he was in the Proclamation and therefore there was no particular discourse concerning it and she her self being examined saies she might hear that his name was in the Proclamation and she might hear that his house was searched and that he could not be found and yet notwithstanding all this she endeavours to conceal him What can be the meaning of all this in this woman but that she was very zealous to maintain the Conspiracy and was a great Assistant to all persons that were concerned in it She will not tell you any other cause wherefore she should be concerned to convey this man beyond Sea and therefore in all reason you ought to conceive it was for this it was a known cause made known to all people by the Kings Proclamation If you believe she did know or believe Burton to have been guilty of that Treason and that she did help to convey him away as the Witnesses have proved that she did by giving him money and soliciting him several times to be then you ought to find her guilty Then the Jury desiring to ask a question Burton was called again but being gone out of Court was sent for and Mr. Cornish was set to the Bar. Clerk Henry Cornish Hold up thy hand you of the Jury look upon the Prisoner and hearken to his Cause he stands Indicted by the name of Henry Cornish late of the Parish of St. Michael Bassishaw in the Ward of Bassishaw London Merchant c. as before in the Indictment Upon this Indictment he hath been Arraign'd and thereunto pleaded Not Guilty c. Counsel Mr. Phips May it please your Lordship and you Gentlemen that are sworn Henry Cornish the Prisoner at the Bar stands Indicted for that he knowing that the late Duke of Monmouth William Russel Esq the late Lord Gray and other Traitors had conspired the Death of the late King and to raise Rebellion in this Kingdom did promise to aid and assist them in compassing this wicked imagination against the duty of his Allegiance c. to this he hath pleaded Not Guilty c. Mr. Cornish I am innocent of the whole matter Officer Burton is come L. C. J. Jones Let us make an end of that first In the Evidence that you gave against Elizabeth Gaunt you said that you did receive money from her 5 l. or some such sum Mr. Burton Yes an 't please your Lordship L. C. J. Jones Did she owe you any money Mr. Burton No my Lord. L. C. J. Jones Upon what accompt was it you received that money Mr. Burton She gave it me L. C. J. Jones Upon what accompt was it To assist you in your Escape Mr. Burton She knew I was bare of money and gave it me of her free will L. C. J. Jones And it was at that time you went away Mr. Burton Yes Mr. Just Withins It was to assist you in your Escape Mr. Burton Yes I believe so Mr. Com. Serj. Who paid your Boat-hire Mr. Burton I paid none I don't know the Waterman can tell Mr. At. Gen. May it please your Lordship and you Gentlemen of the Jury Mr. Cornish the Prisoner at the Bar stands Indicted for contriving the Death of the late King and for raising Rebellion in the Kingdom and is charged that he did consent to be assisting to that Rebellion that was then designed it is not unknown to you Gentlemen for there have been several Tryals of that Conspiracy That there was a great Rebellion designed in England by the late Duke of Monmouth the Lord Russel and Sir Thomas Armstrong and particularly Gentlemen there was a Meeting which already hath appeared in publick at Mr. Sheppards House where the Lord Russel the late Duke of Monmouth Sir Thomas Armstrong Mr. Rumsey and the late Lord Gray met to consider and adjust matters At that Meeting Mr. Cornish indeed came in very late for he was invited and knew the Design then he came in late and so was not at the whole Discourse but there was a Declaration framed to be put out when they should Rise and they did acquaint Mr. Cornish with it and they read it to Mr. Cornish and Mr. Cornish did like it very well and promised he would be assisting as we will prove to you Gentlemen Another Instance of Mr. Cornish's Rebellion for I need not tell you what part he acted when he was Sheriff and maintained that that was the ground work of the Rebellion setting the Commonalty against the Government of the City Another Instance we will give you is his Under-Sheriff that was employed to divide the City and to raise men within the City having discourse with Mr. Cornish about settling that matter he liked it very well and promised he would be assisting to him and you may easily presume Mr. Goodenough the Under-Sheriff was very privy to all the acts of Mr. Cornish at that time We will call our Witnesses Mr. Rumsey Mr. Cornish I desire the Witnesses may be kept apart Mr. At. Gen. They are so two times Mr. Cornish You will find me guilty of neither I am as innocent as any person in this Court Mr. At. Gen. So was my Loâ—d Russel to his death Mr. Cornish do you remember that Mr. Cornish Mr. Attorney General I speak in the presence of the great God I am as innocent as any man in this Court Mr. At. Gen. Mr. Rumsey pray will you give my Lord and the Jury an Account of the Insurrection that was to have been in England in the late King's time and what concern the Prisoner had in that affair Mr. Rumsey My Lord about the later end of October or the beginning of November my Lord Shaftsbury desired me to go to Mr. Sheppard's house where there was a Meeting of those Gentlemen that I did name before the Duke of Monmouth my Lord Russel my Lord Gray Sir Thomas Armstrong and Mr. Ferguson and Mr. Sheppard and accordingly I went I came late there my self for they were just going away when I came in I told them my message and they told me they were disappointed by Mr. Trenchard I had not been there a quarter of an hour but we were going away and Mr. Sheppard was call'd
for by his man and he went down stairs and brought up Mr. Cornish and when he came into the Room he told the Gentlemen there met that Mr. Alderman Cornish was come so as soon as Mr. Alderman Cornish came into the Room he made his excuse to the Gentlemen that he did not come sooner and that he could not stay with them the reason why he could not stay with them he told them was that they were to meet that night about their Charter and there was never another Alderman in Town but himself and therefore he could not stay there was a necessity of an Alderman to be there And upon that Mr. Ferguson opened his bosom and from under his Stomacher pull'd out a Paper they told him they had that Paper read and desired to read it to him Mr. Ferguson read it and Mr. Sheppard held the Candle all the while that it was reading and after they had read it they asked him how he liked it and he did say he liked it very well L. C. J. Jones What were the Contents of that Paper Mr. Rumsey The first part of it was complaining of the misgovernment of the late King there were two Points in it that I do remember very well that they would declare for One was Liberty of Conscience and t'other was That all those that would assist in that Insurrection that had any Lands of the Church or the Kings in the late War should have them restored to them L. C. J. Jones Was there any thing in that Paper that did engage any body to an Insurrection Mr. Rumsey I did not hear all the Paper nor did I take great notice of it but those two Points were in it to engage them that would assist Mr. At. Gen. What was the effect of the Paper Mr. Rumsey It was to be a Declaration upon the Rising when the Rising was to have been this was to have been dispersed abroad Mr. At. Gen. Mr. Rumsey was there a Rising intended at that time Mr. Rumsey Yes and they met there for that purpose and Mr. Trenchard was the man to manage the business about Taunton and he disappointed them Mr. At. Gen. What was your message from my Lord Shaftsbury to them Mr. Rumsey It was to know what issue they had come to about the Rising and to press them to it for such a matter as that was not to be long kept afoot either let them come to a resolution to Rise or let it fall for good and all Mr. At. Gen. After Mr. Cornish had expressed his liking of this business and Declaration what followed Mr. Rumsey He did say he liked it very well and that poor interest he had he would joine with it Mr. At. Gen. Speak that again Mr. Rumsey Mr. Cornish did say he did like the Declaration and with the small interest he had he would appear to back it or words to that effect Mr. Cornish My Lord since he takes the freedom to charge me with these things I never was at a Consult in my daies Mr. Just Levins You were not then at Mr. Sheppards that night Mr. At. Gen. Will you deny you were at Mr. Sheppards that night Mr. Cornish I do declare I never was at Mr. Sheppards in any Consult in my life as he declares but I have had great dealings with Mr. Sheppard L. C. J. Jones You shall be allowed your liberty pray Sir be not transported with passion I doubt before this time notwithstanding the confidence you seem to have there are few believe you to be as innocent as any person present Mr. At. Gen. You will hear more from his Oracle Mr. Just Levins Were you there when my Lord Russel was there Mr. Cornish I was not there when my Lord Russel was there as I remember L. C. J. Jones Were you present hear hear Sir were you present at Sheppards when Ferguson was there Mr. Cornish My Lord I have been at Sheppards several times but I never liked the man for his Morals and therefore never liked to be in his company L. C. J. Jones He pull'd the Paper out of his bosom Mr. Cornish It is as great an untruth as ever was told in the world but my Lord seeing he takes this freedom to charge me I desire to know whether he stands here as a lawful Evidence L. C. J. Jones What is your Exception Mr. Cornish He stands charged guilty of Treason L. C. J. Jones That it self does not disable him to be a Witness Mr. Cornish Before he hath his Pardon my Lord L. C. J. Jones I don't know whether he hath his Pardon or not Mr. At. Gen. There is no Indictment at all upon him Mr. Just Levins If he were Convicted or Out-lawed of Treason it were something an innocent man may be charged Mr. Rumsey My Lord Mr. Cornish and I have been very well acquainted these fourteen years or thereabouts and have had great concerns together for during the time that I managed the King's Customs at Bristol six years I was there Collector he did return between 3 and 400000 l. for me he is a very honest Gentleman and I appeal to himself whether I take delight to appear here to accuse him Mr. Cornish But Colonel what is the reason that you have not accused me all this while Mr. Rumsey Mr. Cornish I hope that is not an objection I think I suffer for it and not you it was compassion and the same compassion makes you deny it to save others if you would deal openly I make no doubt but you might partake of the King's favour yet as well as I have done Mr. Cornish I do thankfully accept of His Majesties favour at all times but I thank God I am innocent in this matter and do not stand in need of it Mr. Rumsey And you say I accuse you falsely then Mr. Cornish you don't stand there nor I here Mr. At. Gen. Pray will you ask him any questions L. C. J. Jones But pray don't enter into a long Harangue Mr. Cornish My Lord I do humbly conceive that he does not stand here as an Evidence L. C. J. Jones You have the judgement of the Court for that Mr. Cornish Before he is pardoned L. C. J. Jones I don't talk of a Pardon what Record have you against him Mr. At. Gen. You were present and heard that resolved before in my Lord Russels Case Mr. Cornish My Lord Mr. Rumsey did upon his Evidence give in and he was obliged by his Oath to speak the Truth and the whole Truth L.C. J. Jones Now you are making your Speech it is not your proper time you shall urge any thing against Mr. Rumseys evidence or the credibility of it when it is your time Mr. Cornish My Lord I do here design it Mr. At. Gen. Mr. Rumsey pray recollect had you never any discourse with him at other times Mr Rumsey We have had a long acquaintance fourteen years but in my life I never heard him speak any thing before or
Lord Russel that he had nothing else to swear against any man Mr. Just Withins How does it appear Mr. Cornish I will produce it if your Lordship please to give me time Mr. Just Withins But afterwards he Discover'd a great deal more L. C. J. Jones Look you Sir if you have any exception against Mr. Rumsey's Testimony we will hear you propound a legal exception Mr. Cornish My Lord I hunbly conceive he not producing his Pardon his Evidence is not good L. C. J. Jones You have had the opinion of the Court. Mr. Cornish If your Lordship over-rule me L. C. J. Jones We must over-rule you Mr. Cornish If that will not be granted me L. C. J. Jones Then you have no more to say Mr. Cornish But for my innocency for that I know I have enough to say L. C. J. Jones That is in your own breast the Jury can't see that Will you call any Witnesses Mr. Cornish I have some Witnesses to call here as to Mr. Goodenough my Lord. L. C. J. Jones What is your exception against Mr. Goodenough Mr. Cornish My Lord it was my most great unhappiness and misfortune that this Goodenough was admitted into the Office of Under-Sheriff and my Lord that I might fully convince your Lordship and this Court all that I desire is some few men may be call'd besides I think there are a thousand I may say that will bear me witness I did oppose him L. C. J. Jones But pray Mr. Cornish is that an exception that he does not swear true because you would not let him be your Under-Sheriff Mr. Cornish It looks like malice L. C. J. Jones You did admit him to be Under-Sheriff all the World knows that Mr. Cornish But I can set forth that I did oppose him and the reasons why I did oppose him L. C. J. Jones You may if you will give Evidence what an instrument he was to you and how he served you in your Office when you were Sheriff Is this to the purpose Mr. Cornish Yes L. C. J. Jones It is not at all to the purpose Mr. Cornish My Lord I was imposed upon by my Partner L. C. J. Jones You could not be imposed upon you had equal Power with your Partner Mr. Cornish If your Lordship pleases to consider the temper of that man L. C. J. Jones What man Mr. Cornish Bethel I mean what an obstinate man he was My Lord I hope I can purge my self greatly in these matters L. C. J. Jones If you will tell to what you will call them Mr. Cornish The great aversion that I had Mr. Attor Gen. We will admit that he did oppose him because he would have had more money Mr. Just Withins You have heard the opinion of the Court. Mr. Just It is not material whether he came in with or without your consent Mr. Cornish Mr. Gosfright will you be pleas'd to declare to my Lord how I was imposed upon by suffering Goodenough to be Under-Sheriff Mr. Gosfright My Lord after that Bethel and Cornish were chosen Sheriffs they had some meetings together concerning an Under-Sheriff Mr. Bethel he named Goodenough Mr. Cornish he named another they could not agree the difference did arise in three or four or more days Debate as I remember and Mr. Cornish did tell Sheriff Bethel He was resolved if Goodenough were Under-Sheriff he would Fine and not hold and told him the reason why He said he was a man that he would not trust a hair of his head with and he had no knowledge he believed of the business but withal he told him He was a man obnoxious to the Government and he was an ill man and had done ill things and he would not trust his Estate and his Reputation in the hands of such an Under-Sheriff Bethel he insisted upon it and he was resolved he would have Goodenough and Cornish's Man should not be L. C. J. Jones Who was Cornish's Man Mr. Gosfright I know the Man but forget his Name Millman L. C. J. Jones Can you tell what Goodenough was to give for the Under-Sheriffwick Mr. Gosfright No indeed L. C. J. Jones Was there no discourse Mr. Gosfright Not in my hearing L. C. J. Jones Was Goodenough Under-Sheriff to Cornish at last Mr. Gosfright Yes Sir L. C J. Jones How did they agree Mr. Gosfright I believe the animosities were so great that they were never reconciled for Cornish had so bespatter'd Goodenough that he was so ill a man that Goodenough I believe could never digest it well L. C. J. Jones Did you hear any angry words after he was admitted to be Under-Sheriff Mr. Gosfright Truly I never was at Alderman Cornish's while he was Sheriff But I heard that character of him L. C. J. Jones And that was the reason you did not go to Mr. Cornish Mr. Gosfright No I believe Goodenough never came there but I was at neither of their Houses Mr. Just Levins Pray how many Juries did you help him in Mr. Gosfright Truly I was so little acquainted I could not help him Mr. Justice Levins I hear other People say the contrary Mr. Gosfright I was but newly come into England and could know no man Mr. Cornish Alderman Love L. C. J. Jones To what purpose do you call him Sir To the same Mr. Cornish It is evidently to declare how much I was imposed upon L. C. J. Jones Psha I will tell the Jury I will do this for you upon this man's Testimony that you were unwilling that Goodenough should be Under-sheriff Mr. Cornish My Lord there is a great deal more in it L. C. J. Jones What is there more he never heard an angry word between you during the time he says afterwards you admitted him to be Under-sheriff Mr. Cornish Mr. Love will you please to declare to the Court what aversion I had to Mr. Goodenough being the Under-sheriff Mr. Love My Lord I did receive a Sub-poena last night and I wondred at it I confess ever since I was so happy to get out of publick Employment having apply'd my self to my private Affairs I never came to Guild-Hall But all I can say is this that when it was publickly talkt upon the Exchange meeting Mr. Cornish upon the Exchange I did hear him inclined to have another man one I don't know to be his Under-sheriff and that he did not like Mr. Goodenough but was inclined to another man but it is so long ago I believe I might persuade him having been Sheriff above twenty years ago to Mr. Hastings an honest man I got my quietus est without trouble But I must say this for the Gentleman I did hear him complain that he was imposed upon to take this man L. C. J. Jones How long was this after the time Mr. Love It was before they had pitched upon a man and he was much inclined to one Mr. Milbourne or Milman or some such name that is all I can say L. C. J. Jones Do you think we sit
here to hear impertinencies God forbid Sir I should hinder you from giving any Evidence but this is not at all material Mr. Cornish If your Lordship please to let Mr. Jekyl come he will tell you what this man did declare why I was against him L. C. J. Jones If you had not entertain'd Mr. Goodenough then there might be something of malice in it but you did receive him Mr. Cornish I had private Covenants with Bethel before I would let him come into the Office Mr. Jekyl pray will you declare to my Lord and the Jury what aversion I had against Mr. Goodenough's being Under-sheriff Mr. Jekyl Truly my Lord Alderman Cornish and I living near together I had occasion to go to him several times about Bills of Exchange and he told me when he was Sheriff how he was troubled with Bethel because he would put Goodenough upon him for I don't intend to have him says he for I know he is obnoxious to the King and Government and desired me to speak to Mr. Bethel about it but I had no acquaintance with him 'till he was Sheriff And some came to me to desire me to speak to Alderman Cornish to receive Goodenough truly says I I find him so averse against him that it is not for me to persuade him to take a Servant he must put such trust and confidence in for I saw Alderman Cornish was so averse to it that I would not do it Mr. Sol. Gen. Pray do you think in your Conscience he was more obnoxious to the Government than his Partner Sheriff Bethel was Mr. Jekyl I must confess I have heard much of Sheriff Bethel but I never heard that Cornish was any disaffected man to the Government M. Sol. Gen. But which was the most disaffected man to the Gâ—â—ernment Bethel or Goodenough Mr. Jekyl Truly as I remember he said he would not have him because he was obnoxious to the King and Government Mr. Just Withins This Gentleman was in a limb of the Plot himself as great a Rioter and as hot as any of them this Evidence that they call I remember you Mr. Jekyl He assure you Mr. Cornish If Sir William Turner be upon the Bench I desire him to speak L. C. J. Jones We will hear Sir William Turner any thing Mr. Cornish I desire he would declare how I was used Sir William Turner I don't remember that ever I saw Mr. Goodenough's face before this time so I have nothing at all to say against him nor can I say any thing but what Mr. Cornish told me and that was he once came to my House some time after he was chosen Sheriff and told me that Mr. Bethel pressed very much for taking Goodenough to be his Under-sheriff that he had no mind to accept him and he would propose another and it caused a great difference but it was at last composed but how I can't tell L. C. J. Jones Now Mr. Cornish by my consent if you will call all the Aldermen upon the Bench whether they will or will not say the same thing for my part I will agree that they have given Evidence if they will be contented themselves to the same purpose Mr. Cornish My Lord I shall not give your Lordship unnecessary trouble but I think it is convenient to call some Witnesses to prove the manner of my Life and Conversation L. C. J. Jones Your Life hath not been in the dark Mr. Cornish The Dean of Canterbury Dr. Tillotson who did not appear L. C. J. Jones Will any man attest your Loyalty in London Mr. Cornish The Dean of Norwich Dr. Sharp Is the Dean of Norwich here Officer No Sir Mr. Cornish My Lord here is Mr. Lane I desire he may be asked what he knows Mr. Lane Upon the Tryal of my Lord Russel according as Mr. Cornish desires I may be heard it is with respect to Colonel Rumsey's Evidence Colonel Rumsey says in my Lord Russel's Tryal he did not hear the Declaration read because it was read before he came there Mr. North. Were you present at my Lord Russel's Tryal Mr. Lane No Sir Mr. Justice Levins Sir that signifies nothing Mr. Cornish That is a very material thing my Lord. L. C. J. Jones What is it is no proof at all Mr. Cornish Not the Printed Tryal L. C. J. Jones No. Mr. Cornish It is by Authority L. C. J. Jones Any body that was present may swear it Mr. Cornish My Lord I desire I may have the Minister of the Parish Dr. Calamy for my constancy at my Parish Church and receiving the Sacrament according to the Rites of the Church of England that I am to all appearance a Person that does as well affect the Government as any man L. C. J. Jones I doubt you are all appearance Dr. Calamy My knowledg of Mr. Cornish hath been since I came to be Minister of the Parish which is about two years a little above two years whenever he was in Town he did use to come to Church as constantly as any one and come with his Family to Prayers and did come to the Sacrament and he did not only come at Easter to save himself from a Presentment but at our monthly Communion and since I have been Minister of the place I have often conversed with him All that I can say is that I never heard him say a disrepectful word of the Government L. C. J. Jones I hope he took you to be a man of another Kidney Dr. Calamy I marked his words because of the Character I had heard of him Mr. Att. Gen. Pray what was the Character he had before those two years Dr. Calamy That was what was publick Mr. Cornish Joseph Reeve Esq Mr. Reeve My Lord I received a Sub-poena from the Prisoner at the Bar yesterday I have been acquainted with him about fourteen or fifteen years and had a considerable trade with him and sometimes we had some conversation and drank a glass of Wine together I thought he was always very Loyal and drank the late King's Health and this King's Health and all the Royal Family I have no more to say Mr. Cornish Mr. John Cook L. C. J. Jones What do you examine this Witness to Mr. Cook My Lord I have dealt with him for these twenty years last past I always found him a very honest man and a just man and very upright in his dealing I always reckon'd him a very honest just man I have dealt with him for great sums and always knew him very just and upright L. C. J. Jones Your Observation of him as to the Government Mr. Cook I never knew any thing to the contrary but that he was always very Loyal Mr. Cornish Mr. John Knap L. C. J. Jones Mr. Cornish it is not impossible for you to produce men enough that shall say they know nothing against you concerning the Government and that you have been a Loyal man sure those you chuse will say so you have chose them and perhaps
more that was very material but I would not offend your Lordship Mr. Rumsey said Mr. Sheppard held the Candle M. Justice Withins Why did not you call him you called a great many impertinent Witnesses Mr. Cornish I was not come to him I would have call'd them in order Mr. Bar. Gregory Why did not you produce him then Mr. Cornish Because your Lordship seemed to be Angry Mr. Bar. Gregory No not at all Mr. Cornish I did forbear purely upon that account I pray my Lord let him be called Mr. Bar. Gregory Here were Eight Judges and my Lord Chief Justice and now here is only Two Do you think we will defer things of this nature It is never asked Apply your self to the Judges It is a strange thing Mr. Justice Withins This is only to delay time Mr. Bar. Gregory If he does so the Jury must go out again Mr. Justice Withins After the Jury hath been out an hour we must have new Allegations Mr. Cornish I was tender of offending Mr. Justice Withins That is a Reflection upon the Court under favour Mr. Cornish I told you my self over and over to call your witnesses Clerk Elizabeth Gaunt hold up thy hand Mrs. Gaunt My Lord I beseech you hear me you won't take advantage I hope of me Mr. Justice Withins I declare my opinion freely it ought not to be done Recorder I think shee ought to have it as well as t'other Mr. Bar. Gregory You call'd never a Witness Mrs. Gaunt No Sir I could not tell I have some to call Mr. Justice Withins I am of that opinion you ought to take the Verdict Then Judges came again upon the Bench and the Jury found Mrs. Gaunt guilty L. C. J. Jones Is Rumsey come in Capt. Richardson I have sent for him he will be here presently Mr. Cornish My Lord I must pray your Lordship to consider my tenderness in offending you which made me omit calling Mr. Sheppard I had him in my paper he is in my paper L. C. J. Jones Don't you begin your preface something untowardly as though the Court would not do you all the kindness possible half a dozen times you were admonished to call for pertinent Witnesses you did call I am sure a great many impertinent Witnesses Had you Mr. Sheppard's Name in your paper Mr. Cornish Yes my Lord but I was tender of offending pray my Lord be pleased to remember Mr. Rumsey's Evidence L. C. J. Jones Is Mr. Rumsey here Sir pray hold your tongue Mr. Att. Gen. I would acquaint you my Lord I sent a Sub-poena for Mr. Sheppard but could not find him but I understand that Mr. Cornish's Son was with him yesterday and he has absconded this I will give an Account of upon Oath This my Lord is a dangerous Practice after Examination and after the Jury is withdrawn Mr. Cornish I pray do not aggravate the matter Mr. Att. Gen. I must do my Duty for the King Ma. Cornish My Son went to him and found him at Church Mr. Att. Gen. Now Mr. Atterbury is gone I desire you should have all your right but not have tricks put upon the King's Evidence Mr. Cornish His Evidence was Mr. Sheppard's holding the Candle Mr. Justice Levins For God's sake could you examine so many to your Reputation and forget an Evidence that was material but I must tell you if you will bring Mr. Sheppard to be examined sure it is requisite that the Witness that swears what you did there should be face to face with him therefore Mr. Rumsey should be here certainly Mr. Justice Withins It is fit to have Atterbury here to enquire if he did abscond if Mr. Cornish's Son was with him and he absconded upon that account it is very material This is a meer trick put upon the King's Evidence L. C. Baron Mr. Cornish if you intend to produce Mr. Sheppard for that to contradict Rumsey's Testimony I wonder that you should miss him without you have had some notice since Mr. Cornish My Lord I was not come to him my Lord though I have such a vile Charge I am perfectly innocent Mr. Justice Withins Now you may see what we have got Mr. Cornish I beseech you my Lord consider me it is as improbable a thing as any in the World L. C. J. Jones This is running over the same thing twenty times Where is Sheppard Mr. Cornish He was here within this quarter of an Hour Mr. Just. Withins Mr. Cornish Is this fairly done when you said he was upon the spot Mr. Att. Gen. He was Sub-poena'd by you he would not be found to be Sub-poena'd by the King Mr. Just Levins To make the Court come down and then to have no notice of the Person at all sure you may give the Court leave to take notice that they are not civilly dealt with L. C. J. Jones Who told you he was here Mr. Cornish This Gentleman says he saw him Pray my Lord don't be offended L. C. J. Jones I never saw such a thing the time was you and your Partner would not have allowed it Mr. Att. Gen. If he comes I will give him his Oath Mr. Cornish My Lord here is Major Richardson can bear Witness I said I must Sub-poena Mr. Sheppard I named him before Major Richardson again and again and said I must not omit him Mr. Just Levins Sir I tell you what you han't shewed so little skill to day here but that you could maintain so long a Discourse with Mr. Rumsey as you were allow'd to do and should not offer to call Sheppard to contradict him you dwelt half an hour upon it Mr. Bar. Gregory And relyed only upon the improbability of the thing Mr. Rumsey There is another Gentleman in the Tower the late Lord Grey that was in Company that can bear Witness of it that he was in Company when the Declaration was read Mr. Bar. Gregory Have you been in Company at Sheppards Mr. Cornish I have been at Sheppard's very often Pray my Lords don't be offended my Life will do you no good I don't know but here is a Gentleman that hath been in my Company forty times over since that business Mr. Rumsey Pardon me Mr. Cornish not above three times since and then there was other Company Mr. Just Withins It is impossible for any but those that were Complices with you to give such Evidence and because they were your Complices now you won't believe them L. C. J. Jones Are you Sub-poena'd by Mr. Cornish Mr. Sheppard I have a Sub-poena from the King L. C. J. Jones But were you Sub-poena'd by Mr. Cornish Mr. Sheppard Yes Mr. Att. Gen. When Mr. Sheppard Last night this morning I was not at home Mr. Att. Gen. Was Mr. Cornish's Son with you yesterday in the afternoon Mr. Sheppard Yes Sir Mr. Att. Gen. And what Discourse had you with his Son Mr. Sheppard He was very pressing and urgent with me to be here to day and I told him I could not tell whether I
could or not Mr. Att. Gen. Is there any Accompt between you and Mr. Cornish Mr. Sheppard Yes Sir Mr. Att. Gen. To what sum Mr. Sheppard We were always Trading Mr. Att. Gen. That is very true you were Trading To what value Mr. Sheppard About one or two hundred Pounds Mr. Att. Gen. Who is Debtor Mr. Sheppard I am Debtor Mr. Soll. Gen. Mr. Sheppard since when did you Contract that Debt Mr. Sheppard Since when Sir Mr. Soll. Gen. Ay. Mr. Sheppard I believe it was some six or eight Months ago Mr. Soll. Gen. For what was it Upon what Accompt Mr. Sheppard For Cloth Sir Mr. Soll. Gen. Was there no mony lent Mr. Sheppard Mony lent me Mr. Soll. Gen. Ay Sir Mr. Sheppard No Sir L. C. J. Jones Is the Debt due to Mr. Cornish Mr. Sheppard My Lord the Debt is due to him L. C. J. Jones Or some body for whom he is a Factor Mr. Sheppard I am indebted to Mr. Cornish for whom it is I cant't tell Mr. Soll. Gen. Did you leave word whither you went when you went out yesterday Mr. Sheppard No Sir Mr. Soll. Gen. Which Sub-poena was served first upon you Mr. Sheppard Mr. Cornish's yesterday Mr. Soll. Gen. What time yesterday was it served upon you Mr. Sheppard Presently after I came out of Church in the afternoon Sir L. C. J. Jones What have you to say Mr. Cornish My Lord Mr. Rumsey was pleased to give in his Evidence that I had been at a Consult or Meeting at Mr. Sheppards House where Mr. Ferguson should pluck out a Declaration out of his Bosom and should read it by the Candle and Mr. Sheppard should hold the Candle to him while he read it L. C. J. Jones Do you remember Mr. Cornish was ever at your House Mr. Sheppard At one of those Meeting that was at my House Mr. Cornish came into the House to speak a few words with the Duke of Monmouth or some other I can't be positive in that it is so many years ago and did not stay half a quarter of an hour in the House I came up stairs and went out with him and there was not one word read and no Paper seen while he was there Mr. Just Levins Was Mr. Cornish in the room with the Duke of Monmouth and those others Mr. Soll. Gen. Mr. Sheppard Do you remember that the late Duke of Monmouth the Lord Russel the Lord Gray and Sir Thomas Armstrong were there together and the Declaration read Mr. Sheppard I remember there was a Declaration read Ferguson pull'd out a Declaration out of his shooe he pull'd off his shooe and pull'd it out there Mr. Soll. Gen. Do you remember Mr. Cornish was by any time that night Mr. Sheppard Truly I can't say whether it was that night when the Paper was read but I do positively say that there was no Paper read for he was not looked upon to be of the Company Mr. Ferguson told me positively there is the Duke of Monmouth my Lord Gray my Lord Russel Sir Thomas Armstrong Coll. Rumsey my self and you Mr. Soll. Gen. Who did Mr. Cornish come to speak with when he came to your House Mr. Sheppard Truly I don't know whether it was with the Duke of Monmouth Mr. Soll. Gen. How came Mr. Cornish to know the Duke of Monmouth was there Mr. Sheppard Truly my memory will not call it Mr. Sol. Gen. Did his Coach stand publickly at your Door Mr. Sheppard Whose Coach Mr. Sol. Gen. The late Duke of Monmouths Mr. Shep. No Sir they came all private there was no Coaches at the door that I saw I let none of them in Mr. Sol. Gen. Was Mr. Cornish but once there when the Duke of Monmouth was there M. Shep. But once Mr. Sol. Gen. Did he call the Duke of Monmouth out to him Mr. Just Street How came you to carry him up to the Duke of Monmouth if he were none of the Company Mr. Sheppard Mr. Cornish did go up into the Room and spake with the Duke of Monmouth or some other Person but I think the Duke of Monmouth Mr. Sol. Gen. Do you remember he was there in Company when Coll. Rumsey was there Mr. Sheppard No I can't remember that Mr. Rumsey My Lord when I came to Mr. Sheppard's House Mr. Sheppard came down and fetch'd me up and I deliver'd my message I had to the D. of Monmouth and to the Company and indeed I was not a quarter of an hour there I believe but by that time I had spoke my words some body knock'd at the door and Mr. Sheppard went down and immediately brought up Mr. Cornish into the room without asking a question of any body and when he was come into the room Mr. Cornish said he could not come sooner because he had business and could not stay because there was a Committee for the management of the Charter to meet that night and there was a necessity of his being there because there was never another Alderman in Town and there must be an Alderman there Mr. Att. Gen. Mr. Sheppard Do you remember any thing of that Mr. Sheppard No Sir I doe not remember it I 'll assure you Mr. Sol. Gen. Did you let him in at door Mr. Sheppard No Sir I had word brought me up stairs that Alderman Cornish was below and I went down and brought him up Mr. Sol. Gen. Did you ask for Mr. Cornish to come up Mr. Sheppard I don't remember I did When Mr. Cornish was there there was not above three Persons Mr. Sol. Gen. Who were they Mr. Sheppard There was the Duke of Monmouth and there was Mr. Ferguson and truly I can't tell whether t'other was my Lord Russel or my Lord Gray Mr. Justice Levins You acknowledg now Sir you did carry the Prisoner up to the Duke of Monmouth and those Persons Did you use to carry all Persons up there L. C. J. Jones There was a Cabal of Rebels met together and you go and bring up this man to them without any leave or licence from them which is incredible certainly unless you knew him to be one of the Company and equally engaged with them Mr. Sol. Gen. Mr. Sheppard you say when Mr. Cornish came up there was not half the Company there Had they been there or were not they yet come Mr. Justice Withins Look you Sir it is marvellous how Mr. Cornish if he were none of the Parties should have notice that the Duke of Monmouth was there who came in privately at the back-door and came to speak with him there Mr. Sheppard My Lord I have no back-door Mr. Just Withins He came in privately Mr. Justice Levins Mr. Sheppard I think I heard you say they came privately without their Coaches Mr. Sheppard Yes Sir they had no Coaches Mr. Just Levins They came privately I suppose that no body should know they were there Mr. Sheppard I suppose so Sir Mr. Just Levins Why then did you carry Mr. Cornish up If you were below
testified by the other Witnesses and upon his own Examination makes it as clear and plain as can be that he did receive these Persons into his house and comfort them and entertain them knowing them to have been guilty of High-Treason that is to have been in the Army of Monmouth of that Party and that they came to London and went away from the West because he was beaten and there is an Expression in the Examination to that purpose so that I take the Indictment to be very fully and clearly proved upon him and it is not his Ignorance of the Law that will excuse him that is his ignorance of the Danger that he hath incurr'd by entertaining these People altho you cannot but take notice that he was in some dread had fear that it was an offence to do so for at fiâ—st he says by his Examination that he did refuse to entertain them which shews that he had some consideration of the danger that he might incur by receiving them and yet after this plain Discourse of theirs that they were in the Army he entertains them That they were the same men that were in the Army appears plainly for though at first he did deny it and did stand in it before he was confronted by the men they being present yet afterwards he did confess that they were the men that were entertained by him and that they were the same men doth appear by the Testimony of Capt. Richardson who saw them and afteâ—wards caused them to be bâ—ought down to the West where one of them was executed for Treason So I must leave it to you Gentlemen I think it in a very plain case Mâ— Ring Here is abundance of these things that I know nothing of Counsel Set John Fernley to the Bar. Which was done Clerk John Fernley hold up thy hand You that are sworn look upon the Prisoner and heaâ—ken to his Charge He stands indicted by the Name of John Fernley c. prout ante Mr. Phâ—pâ— This is an Indictment of High-Treason against John Fernley the Prisoner at the Blinâ— it sets forth 〈◊〉 the said John Fernley knowing one James Burton to be a Traitor and to have conspired against the Life of the King did traiterously conceal she said Burten two days and two nights and gave him Meat and Dâ—ink against the Duâ—y c. Mr. Sol Gen. May it please your Lordship and you Gentlemen of the Jury this Prisoner stands indicted of Treason for receiving and harbouring one James Burton who was guilty of Treason he knowing him to have been guilty of Treason And the course of our Evidence will be this We will prove that this James Burton stood our lawed for Treason before he committed a new Treason when he went into the West and was there with Monmouth in the late Rebellion and tho Gentlemen the very Outlawry against the said Burton is enough to satisfie any man that this man could not be ignor and that he was a Traitor for no man can imagine when a man stands out a Process till he become out-lawed for High-Treason that any should be ignorant that he is guilty of Treason and that it would be very dangerous to receive a man after that without any more evidence But this Burton after he was out-lawed and fled came again and was in Arms with Monmouth in the Rebellion and after their Defeat he came up to Town and Fernley knowing he had been then in the West vvith Monmouth he received him and harboured him and this vve vvill prove by Witnesses First vve vvill shevv the Record of the Outlavvry Clerk An Indictment preferr'd against James Burton and divers others for High-Treason for which the said Burton and divers others stand out-lawed by the Return of Samuel Dashvvood Esq and Sir Peter Daniel Sheriffs This is the Record it self my Lord. Counsel Svvear Mr. Ward Which vvas done Mr. Just Withins Look upon it Mr. Ward is that the Record Mr. Ward Yes it is my Lord. Mr. Just Withins Pray see vvhen the Outlawry vvas Mr. Hardisty Upon Monday next after the Feast of St. Martin Bishop the said Richard Rumbold Richard Goodenough Francis Goodenough here are the Names of a great many men Mr. Just Withins Is James Burton among them Mr. Hardisty On Monday next after the Feast of St. Michael the said Richard Rumbold James Burton Richard Nelthorp are out lawed and every one of them is out lawed It is November was Tvvelve-month Call James Burton Who was svvorn Mr. North. James Burton stand up there Do you give my Lord and the Jury an account concerning your being in the West and your being entertained here at Mr. Fernley's House with all the Circumstances Mr. Burton I came out of the West into London on Wednesday night from Monmouth's Army L. C. J. Jones What Wednesday night Mr. Burton Truly I have forgot the day of the month but it was about Weeks after the Rout and I came home to my Wife and stayed two Nights and she was not satisfied I should be there and vvent to endeavour to get a Lodging for me for 2 or 3 nights and she vvent to get leave at Mr Fernley's for me to be there 2 or 3 nights and I vvent thither on Friday night and on Sabbath-day in the Evening I vvas taken there Mr. Sol. Gen. Speak aloud say that again Mr. Burton On Wednesday night I came out of the Country after I had been in the Army I came home to my Wife and stayed till Friday night and on Friday night she got me a Lodging at Mr. Fernleys there I vvent about 10 a clock at night and stayed there till Sunday night and I vvas taken Mr. Just Withins Did you see Mr. Fernley Mr. Burton I savv him at Dinner on Sunday and not before L. C. J. Jones What Acquaintance had you before He does not keep a Publick House does he Mr. Burton I had been gone two Years or very nigh L. C. J. Jones What was the occasion of your going Mr. Burton My Wife was acquainted there L. C. J. Jones What was the occasion of your going away and your Absence for two Years Mr. Burton The occasion of my going then was I was in the Proclamation for being with Rumbold at the Mitre Tavern within Aldgate Mr. Just Levins Fernley knew you before did not he Mr. Burton He knew me by sight Mr. Just Levins Had You any Acquaintance with him Mr. Burton I lived pretty near to him for a while Mr. Just Lev. How near Mr. Burton I lived within 2 or 3 doors of him Mr. Just Levins Did he know you Mr. Burton Yes Yes he did know me Mr. Just Levins You came to lodge at his house on Friday night Mr. Burton Yes an 't please you Mr. Just Levins Had you no Discourse till Sunday you dined together Mr. Burton No not till Sunday at Dinner Mr. Just Withins Tell your Discourse at Dinner Mr. Burton My Lord I have forgot what altogether the Discourse