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A44229 The free and voluntary confession and narrative of James Holloway addressed to His Majesty written with his own hand, and delivered by himself to Mr. Secretary Jenkins ; as also the proceedings against the said James Holloway in His Majesties King-Bench Court, Westminster, and his petition to His Majesty ; together with a particular account of the discourse as passed between the sheriffs of London and the said James Holloway at the time of his execution for high-treason at Tyburn, April 30. 1684 ; with his prayer immediately before, and the true copy of the paper delivered them at the same time and place. Holloway, James, d. 1684. 1684 (1684) Wing H2509; ESTC R2717 28,093 16

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eyes may be opened to see what is done Holloway I would not advise any one to go that way to work to do any thing by force of Arms and I wish the Kings eyes may be opened that he may see his Enemies from his Friends and I think he hath cause to look for them near his home Have you any Papers to deliver Holloway I have no other Papers what Paper I Wrote the Council had I did Wr●te I Paper that it might be some satisfaction to the Opinions of people of what I knew that care might betaken to prevent other Opinions if there were an errour And that Paper the Council had though they took it very hainously of me that I should presume to Write such a thing I looked upon it that I could not do more for the King than to acquaint him of what I knew that if they were misinformed there might be care taken to alter the Opinion Mr. Sh. Dashwood You have delivered to Paper to your Wife or to any Friends Holloway That I suppose is well known to the Goaler Mr. Sh. Dashwood You know better than any body whether you have or not You may say ay of no. Holloway I could not be admitted to Write any for I could not have Pen and Ink to Write any thing but this Mr. Sh. Dashwood And you have not delivered any Paper Holloway I have Written to some Friends I know it is supposed that I had delivered a Copy of that Paper that the Council had and I think if it had been known publickly it would have done no great hurt Mr. Sh. Daniel You speak of several peoples Opinions what do you mean Holloway As concerning the Times Sir the management of Assairs Mr. Sh. Daniel Pray Sir under what denomination do you reckon your self Holloway I reckon my self a Protestant Mr. Sh. Daniel Of what sort Of the Church of England or of the Dissenters from them Holloway I am not a Dissenter from the Church of England Mr. Sh. Daniel Nor joyned with them Holloway Nor joyned with them altogether But I thought that if any good had been designed for England that I had done enough to merit a Pardon for I had Wrote so much of Truth and was so fair and plain in it that I thought it would have merited a Pardon if any good were designed If I could have discovered more that had been for the King and Kingdoms interest I would have done it For I did not do it rashly but considered of it some time before I gave it in I hope it will be a satisfaction that there was such a Plot what other mens Opinions might be of it I can't tell but leave every one to their own Judgment It was feared that Arbitrary Government and Popery was designed and truly I think at this present time by what I can understand that there is little better designed Cap. Richardson This is reflecting upon the Government Mr. Sh. Dashwood This is not sit Holloway I say it is contrary to the Kings knowledge Sir Mr. Sh. Daniel Sir We have neither a Reprieve nor a Pardon for you Holloway I don't expect it Sir if Truth and Plainness would have merited a Pardon I might have had it Cap. Richardson The King is the best Judge of his own mercy Holloway Had the Law been executed against Popish Offenders I had never been concerned in any Plot. Cap. Richardson You know the King was very earnest in that to have the Laws put in execution against them and that he moved in to the Parliament to have it done Have you any thing else to say that more nearly concerns you Holloway I wish I could have been any otherways serviceable to the King and Kingdom before I left them I should have been very willing and it was always my design to promote the King and Kingdoms Interest more than my own Mr. Sh. Damel Well Sir you say some things very well but others ill Holloway What I say Sir I leave to peoples Judgments if I am mistaken I hope they will be otherwise Mr. Sh. Damel Well Sir have you any thing farther to say Holloway No Sir Mr. Sh. Dashwood I suppose you used to keep a Meeting or Club at Bristol with several there Holloway I know some have represented a Club very bad in Bristol A Club we had about the Choice of Parliament men Mr. Sh. Damel The Horse-shoe Club. Mr. Sh. Dashwood Or the Marmaid Club. Holloway The Horse-shoe Club it was only for the carrying on the Election of Parliament men If all such things should be called Clubs there were greater Clubs kept by another Party Mr. Sh. Dame Well Sir you had best fit your self for Death you have no long time to live Then he opened his Bibel and read the 62 Psalm and part of two Chapters in the Hebrews and afterwards asked the Sheriffs if he might have liberty to Pray which being gramed be Prayed as follows BLessed and holy Lord our God thou art before all Men thou art the only true God the Almighty God the Fountain of all Goodness Thou art the Discerner of all hearts the secret thoughts of men are not unknown to thee Oh Lord what am I that thou shouldst be mindful of me or that thou shouldst suffer me now to call upon thee when thou mightest have taken me away in the Commission of some sin against thee But thou hast been a merciful God a long-suffering God a patient God O Lord I trust it is for my Souls Welfare in bringing me to this though it is an untimely end for thou cuttest off my days in the midst but Lord I trust it is for my Souls sake Our times are in thy hands and it is my Sins that have brought me to this Oh give me a true sense or them as I trust thou hast done and that thou hast heard my Prayers and wilt be my God my Comforter and receive me in and through the Merits of Jesus Christ our Lord who offered himself a Sacrisive for our Sins even for the Sins of the whole World and now s●… at thy right hand interceeding for us Lord hear me in and through him Lay not any of my Sins to my charge let not the least Sin be unpardoned The least Sin deserveth Damnation Lord I trust thou hast pardoned them all and that thou hast heard my Prayers and the Prayers of others for me Lord in mercy look down upon me in mercy look down upon this Nation pardon the crying Sins thereof Lord thou seest to what a height of Sin it grows and thou seest what Wickedness is promoted in all Places and what little encouragement there is to that which is good Lord bless the King and keep him from all Conspiracies Lord give him a sense of his Condition and make him know his Enemies from his Friends O Lord let him look close about him to see who are about him and Lord put an end to all Plottings O Lord make him a happy Prince give
Corpus Returnable this day directed to the Keeper of his Majesties God of Nowgate to bring thither the Body of James Holloway then in his Custody to shew Cause why Execution should not be awarded upon an Outlawry for High Treason against him The Keeper of Nowgate according to the Command of the Writ brought him this day to the Bar of the said Court where he was proceeded against in this manner The Return of the Writ of Habeas Corpus was first Read Cl. of Crown James Holloway hold up thy hand which he did Thou hast been Indicted in London by the Name of James Holloway late of London Merchant for High Treason by thee committed touching the Kings Majesties Person and the Government of this his Kingdom of England and for not appearing and answering that Indictment by due Process of Law upon the Indictment thou standest Outlawed and upon that Outlawry thou standest Attainted of the same High Treason What hast thou to say for thy self why Excecution should not be awarded against thee upon that Attainder by this Court according to Law Holloway My Lord I have been a great while Absent and know not what hath been done in this matter or proved against me L. Ch. Just Yes you have been Absent so long it seems that you now stand Outlawed and thereby Attainted of High Treason there is nothing now remains with the Court but only to make a Rule for your Execution Holloway If an ingenuous Confession of the Truth will merit the Kings Pardon then sure I have done it L. Ch. Just For that matter we are not to dispose of the Kings Mercy he will dispose of his own Mercy as he shall think fit Is Mr. Attorney in the Hall Cryer Yes my Lord he is L. Ch. Just Then pray send for him Which was done and in a little time after he came into Court. L. Ch. Just Mr. Attorney here is the Prisoner at the Bar Holloway Mr. Att. Gen. Yes my Lord I see he is Sir Samuel Astry have you the Record there Cl. of Cr. Yes Sir L. Ch. Just It has been read to him Mr. Attorney Mr. Att. Gen. My Lord I would know what he saith that Execution should not be Awarded L. Ch. Just He talks of Discoveries and Confessions which we you know we cannot take any notice of Ask him again Cl. of Cr. Hast thou any thing to say for thy self why Execution should not be awarded against thee according to Law Holloway My Lord I know not what hath been proved against me but I have made such an Ingenuous Confession to his Majesty of what I know L. Ch. Just Proved against you You are Outlawed upon an Indictment for High Treason what can you say against the Courts awarding Execution Mr. Att. Gen. My Lord has he heard the Indictment upon which the Outlawry was grounded Cl. of Cr. No Sir only the Substance was told him That he was Indicted of High Treason and Outlawed for it and stands Attained by that Outlawry Mr. Att. Gen. If your Lordship please the Indictment may be read to him that he may understand what it is and may not go blind to Execution L. Ch. Just Ay Mr. Attorney if you please let it be so Cl. of Cr. Reads The Jurors being Sworn to enquire for our Sovereign Lord the King and the Body of the County of the City of London upon their Oaths present That and so the whole Indictment was Read Cl. of Cr. That is the Indictment Mr. Attorney and upon this he is Outlawed Mr. Att. Gen. And so stands Attainted What hath he to say to it L. Ch. Just Ay why should not we award Execution against him according to Law Cl. of Cr. Have you any thing to say Holloway I have said what I have to say Mr. Att. Gen. Pray what is that my Lord that he has said for I was not here Holloway I beg his Majesties Mercy Mr. Att. Gen. If the King be so Gracious as to admit you to your Tryal can you make a defence against the Indictment Have you any thing to say that you can defend your self by if the King do admit you to be tryed and that is a Mercy and a Grace for at Law you are gone L. Ch. Just It is so indeed Mr. Attorney if von will on the Kings behalf indulge him so far as I suppose you have Authority from the King to Co●…nt unto that if he has a mind to try the Fact and can defend himself he shall have that Liberty that is a great Mercy I assure you Mr. Att. Gen. My Lord That is the only reason why I did cause the Indictment to be read that he might hear it that supposing he were not Outlawed but that were out of the Case if he hath any thing to say that could defend him from it the king would not exclude him but admit him to his Tryal and extend his Mercy so far to him L. Ch. Just Mr. Attorney it is exceeding well Now you understand what is said by the Kings Attorney you have heard the Indictment read it is an Indictment of High Treason that you with other false Traytors Hone Ramball the Goodenought and the rest did Conspire the Death of the King Now though you are in Law actually Att●…d as much as if you had been Tryed and Convicted and received Judgment of Death upon that Conviction to all intents and purposes and there is no more for the Court to do but to award L●…on upon this Attainder and be dealt with as a false Traytor Yet however in as much as you have heard the Indictment read if you think you have any thing to say that would satisfie the World or a Jury that you are not Guilty of what you are Indicted and Accused of it seems the King is pleased to signifie his Gracious Intenton towards you by Mr. Attorney General that he is contented to Wave that other part the Attainder by Outlawry and you shall have the Liberty to try it if you think you can defend your self Holloway My Lord I cannot undertake to defend my self for I have Confessed before his Majesty that I am Guilty of many things in that Indictment and I throw my self on the Kings Mercy L. Ch. Just Then he Confesseth it and will not undertake to defend himself as for the Kings Mercy that we must leave to his Majesty who is the Dispenser of his own Grace we are to execute his Justice and must give a Rule accordingly Mr. Just With. But I hope every body here takes bonce of his open Confession when he might try it if he would Surely none but will beneve this Conspiracy now after what this man hath owned L. Ch. Just We were well enough satisfied about it before and so was every he rest man I dare say Mr. Just With. Yet perhaps though he saith it and others have Confessed it and the Evidence hath been made Publick there are many People that say they will not believe it L. Ch.
Just We do not mightily concern our selves what the People say I am sure not one of all that were concerned in this Conspiracy have dared to deny it absolutely though some have been prevailed upon by ill Advice to Prevaricate about it and Shuffle it off But none of them have had the Considence absolutely to deny the Truth of the Fact notwithstanding all the Calumnies and Reproaches cast upon the Government and all the arts that have been made use of to Stifle it Mr. Just With. My Lord I speak it the rather because we see what work Sir Samud harnardiston has made of it in his Letters where he calls it a Sham-Plot and says it is lost except it be sound among the Abhorrers and Addressers L. Ch. Just But now the Plot is found among the Conspirators and Traytors he may write to his Correspondents in the Country the next time It is found among the Reformers of Government and Religion that can Swallow all thing that can kill Kings and Levy War and do the Wont of Villanies to promote Religion and Reformation as they call it Let us think of some convenient day and give such Order that the Sheriffs see Execution done according to Law Mr. Att. Gen. You must first pronounce the Judgment my Lord. Mr. Just With. It is never pronounced in such a Case Mr. Attorney L. Ch. Just No we only give a Rule for Execution the Outlawry is the Judgment and that is upon the Record already Cl. of Cr. Yes my Lord we always enter it so L. Ch. Just Captain Richardson I think Wednesdays and Fridays are your usual Execution days in London are they not Cap. Richardson Yes my Lord either of them L. Ch. Just Then Wednesday seven-night Cap. Richardson Does your Lordship appoint Wednesday next L. Ch. Just No that will be too quick Wednesday seven-night Cap. Richardson What day your Lordship pleaseth I suppose I shall have a Rule Cl. of Cr. You shall have a Rule and an Habeas Corpus to deliver him as the Course is L. Ch. Just In the mean time take you Prisoner back again And accodringly be was carried back to Newgate The Petition to His Majesty Most Great and Gracious Sovereign I Your Majesties now close Prisoner in Newgate and Condemned for my Crimes which I have Consessed my self Guilty of in a Paper of my own Writing delivered to the Right Honourable the Lords of your Majesties Privy Council in which is a true and faithful Account of all that I know concerning the Late Plot with the manner How I was drawn into it and the Reasons why I did not come in at the first Discovery and cast my self at your Majesties Feet for Mercy which I hope your Majesty hath perused and find no cause to think I have reserved any thing undiscovered for when I was first taken I resolved to declare the whole Truth and nothing but the Truth which I have here done and will own to be True before any that shall offer to Contradict it or say There was no Plot and if any thing more occurs to my Memory will not fail to declare it I have now nothing to say for my self why I should not be Executed according to Condemnation but do most humbly prostrate my self at your Majesties Feet for Mercy acknowledging my hearty Sorrow for all that I have been Guilty of and rema 〈…〉 pes than that Fountain of Mercy which hath so abundantly flowed from your Majesties Sacred Breast ever since 〈◊〉 happy Restauration is not yet dry but that there is some Drops left for me which if I may be so happy as to Obtain I shall always whilst I live endeavour to Approve my self your Majesties most true and faithful Subject and I hope 〈…〉 the ends of a Pardon Which that I may so do and for your Majesties long Life P●…ble and Happy Reign shall ever Pray c. James Holloway The Discourse that passed between the Sheriffs of London and JAMES HOLLOWAY at the time of his Execution Holloway MAy I have Liberty Sir to speak what I desire to speak Mr. Sh. Daniel Yes Sir you may What you have I suppose will be by way of Discovery to the World of what you are brought here to dye for Holloway You have my Paper Captain Cap. Richardson Yes Mr. Sh. Daniel Have it you about you Cap. Richardson I have it in my Pocket Mr. Sh. Daniel Shew it him Which he did Is it your own hand Writing Holloway Yes Sir Mr. Sh Daniel Is it your own hand Writing Holloway That is my own hand Writing A Discovery of what I knew I made to his Majesty but a great many People think that I have not discovered what I knew but I have discovered what I know of the PLOT and I am heartily sorry I was any way concerned in that way as to the endeavouring any thing by Arms. I do think several things have been ill managed in England th●… have been many things done against the King and the Kingdoms Interest and I wish the King was well satisfied of it and that a course might be taken to prevent it And I think one w●y to prevent Plotting according to my week Capacity is That his Majesty would be pleased to call a Parliament and pass an Act of Oblivion for all Plotters whatsoever There was a damnable Popish Plot and I look upon the stifling of That to be the only Cause that any man did any thing in This. Had all the Popish Plotters been Mr. Sh. Daniel By the way Sir How do you know it was stifled Holloway Sir we have known that the Laws could not be suffered against them and the Parliament could not be suffered in the Prosecution of them I wish the King would consult his own Safety and the Safety of the Nation and that an Act of Oblivion might pass for I believe there are many Concerned and that there might be an end put to all News mongers that write into the Country Letters of News I look upon that to do the King and the Kingdom more hurt than any thing else Cap. Richardson Mr. Holloway I beg one thing have you discovered all I desire you would declare those you did not name their Names that if occasion were would be r●ady but that you had not spoke to them Wade and others were to maintain their Posts Holloway No Sir I had not spoke to them Cap. Richardson This you did say Holloway Yes Sir Sh. Daniel And that you promised a number of men in this Design Holloway Promise it I did propose I might do it Cap. Richardson What do you know of the Contriving the business of the RYE for Lopping or taking off the King and the Duke Holloway I was not with them till after the time a good while till about a Month or six Weeks after the time I was not acquainted with them I looked upon it as a business not likely to take any effect at all for I could never sind above Five