I DO appoint Dorman Newman to Print the Tryal of Henry Baron Delamere and order that no other Person presume to Print the same March 20. 1685 6 Jeffreys Canc. THE TRYAL OF HENRY Baron Delamere FOR HIGH-TREASON In WESTMINSTER-HALL the 14 th Day of January 1685. Before the Right Honourable George Lord Jeffreys Baron of Wemm Lord High Chancellour of England Constituted Lord High Steward on that Occasion On which Day after a full Hearing the Lord Delamere was Acquitted from all Matters laid to his Charge LONDON Printed for Dorman Newman at the Kings Arms in the Poultry MDCLXXXVI THE TRYAL OF HENRY Baron of Delamere Die Jovis xiv to Januarii 1685. Cl. of Cr. SErgeant at Arms Make Proclamation Serj. at Arm. O yes O yes O yes My Lord High Steward of England his Grace doth straightly charge and command all manner of persons to keep silence and to give ear to the King's Majesty's Commission to his Grace my Lord High Steward of England upon pain of Imprisonment Then the Commission was read his Grace and all the Peers standing up bare-headed Then the Staff being carried between Garter King at Arms and the Gentleman Usher of the Black Rod was with three reverences delivered upon the knee to his Grace and by him re-delivered to the Gentleman Usher of the Black Rod to hold during the Service Cl. of Cr. Serjeant at Arms Make Proclamation Serg. at Arm. O yes His Grace my Lord High Steward of England doth straightly charge and command all manner of persons here present except Peers Privy Councellors and the reverend Judges now assistant to be uncovered Cl. of Cr. Make Proclamation Serg. at Arms. O Yes My Lord High Steward of England his Grace straightly chargeth and commandeth all Justices Commissioners and all and every other person and persons to whom any Writ or Precept has been directed for the certifying of any Indictment or Record before his Grace my Lord High Steward of England That they do certifie and bring in the same forthwith according to the Tenor of the same Writ and Precept to them or any of them directed upon Pain and Peril shall fall thereon Then Sir Edward Lutwich one of his Majesty's Sergeants at Law and Chief Justice of Chester delivered in his Writ and Return at the Clerks Table The Writ of Certiorari and the Return thereof were read in haec verba L. H. Steward Call the Lieutenant of the Tower to return his Precept and bring his Prisoner to the Bar. Cl. of Cr. Make proclamation Serg. at Arms. Lieutenant of the Tower of London return thy Writ and Precept to thee directed together with the Body of Henry Baron of Delamere thy Prisoner forthwith upon Pain and Peril shall fall thereon The Prisoner was brought to the Bar by the Lieutenant of the Tower The Writ and Return thereof together with his Grace's Precept and the Return thereof were read in haec verba Cl. of Cr. Make proclamation Serg. at Arms. Sir Roger Harsnet Knight Sergeant at Arms to our Sovereign Lord the King return the Precept to thee directed together with the Names of all the Lords and Noblemen of this Realm of England Peers of Henry Baron of Delamere by thee summoned forthwith upon Pain and Peril shall fall thereon The Sergeant at Arms delivered in his Precept and Return at the Clerks Table L. H. Steward Read the Precept and the Return They were read in haec verba Cl. of Cr. Make an O Yes Serg. at Arms. O Yes All Dukes Earls Viscounts and Barons of this Realm of England Peers of Henry Baron of Delamere who by Commandment of my Lord High Steward of England His Grace were summoned to appear here this Day and are now present in Court answer to your Names upon Pain and Perii will fall thereon The Peers summoned were called over and those that appeared standing up uncovered answered to their Names each making a Reverence to the Lord High Steward Cl. of Cr. Laurence Earl of Rochester Lord High Treasurer of England L. H. Treas Here. Cl. of Cr. Robert Earl of Sunderland Lord President of his Majesty's Privy Council Lord Presid Here. Cl. of Cr. Henry Duke of Norfolk Earl Marshal of England D. of Norf. Here. Cl. of Cr. James Duke of Ormond Lord Steward of his Majesty's Houshold He did not appear Cl. of Cr. Charles Duke of Somerset D. of Som. Here. Cl. of Cr. Christopher Duke of Albermarle He did not appear Cl. of Cr. Henry Duke of Grafton D. of Graft Here. Cl. of the Cr. Henry Duke of Beaufort Lord President of Wales D. of Beauf. Here. Cl. of Cr. John Earl of Mulgrave Lord Chamberlain of his Majesty's Houshold E. of Mulg Here. Cl. of Cr. Aubery Earl of Oxford E. of Oxf. Here. Cl. of Cr. Charles Earl of Shrewsbury E. of Shrews Here. Cl. of Cr. Theophilus Earl of Huntingdon E. of Hunt Here. Cl. of Cr. Thomas Earl of Pembroke E. of Pemb. Here. Cl. of Cr. John Earl of Bridgwater E. of Bridgw Here. Cl. of Cr. Henry Earl of Peterborow E. of Peterb Here. Cl. of Cr. Robert Earl of Scarsdale E. of Scarsd Here. Cl. of Cr. William Earl of Craven E. of Craven Here. Cl. of Cr. Richard Earl of Burlington He did not appear Cl. of Cr. Louis Earl of Feversham E. of Feversh Here. Cl. of Cr. George Earl of Berkeley E. of Berk. Here. Cl. of Cr. Daniel Earl of Nottingham E. of Notting Here. Cl. of Cr. Thomas Earl of Plimouth E. of Plim Here. Cl. of Cr. Thomas Viscount Falconberge L. Falconberge Here. Cl. of Cr. Francis Viscount Newport Treasurer of his Majesty's Houshold L. Newport Here. Cl. of Cr. Robert Lord Ferrers L. Ferrers Here. Cl. of Cr. Vere Essex Lord Cromwell L. Cromwell Here. Cl. of Cr. William Lord Maynard Comptroller of his Majesty's Houshold L. Maynard Here. Cl. of Cr. George Lord Dartmouth Master General of his Majesty's Ordnance L. Dartmouth Here. Cl. of Cr. Sidney Lord Godolphin L. Godolphin Here. Cl. of Cr. John Lord Churchill L. Churchill Here. Then his Grace the Lord High Steward addressed himself to the Lord Delamere the Prisoner at the Bar in this Manner L. H. Steward My Lord Delamere the King being acquainted that you stand accused of High Treason not by common Report or Hearsay but by a Bill of Indictment found against you by Gentlemen of great Quality and known Integrity within the County Palatine of Chester the place of your Residence has thought it necessary in Tenderness to you as well as Justice to himself to order you a speedy Tryal My Lord if you know your self innocent in the name of God do not despond for you may be assured of a fair and patient hearing and in your proper time a free Liberty to make your full Defence and I am sure you cannot but be well convinced that my Noble Lords that are here your Peers to try you will be as desirous and ready to acquit you if you appear to be innocent as they will to
an entire Confidence in your Resolution Fidelity and good Affections to Him that You will not by reason of the Prisoner's Quality and nearness to You as being a Peer of this Realm acquit him if he shall appear to be Guilty My Lords I have one thing further to mind your Lordship 's of That according to the usual Forms of Proceedings in these Cases if your Lordship's have any Questions to propound wherein You would be satisfied as to any Matter either of Fact or Law your Lordships will be pleased to put those Questions to Me and I shall take care to give your Lordships the best Satisfaction I can Lord Delamere My Lord High Steward I beg the Favour of your Grace I may have One to write for me Lord H. Steward Ay by all means Let my Lord have whom he pleases to write for him Then Sir Thomas Jenner One of His Majesty's Serjeants at Law and Recorder of the City of London opened the Indictment thus Mr. Recorder May it please your Grace my Lord High Steward of England and You my Noble Lords the Peers of the Prisoner at the Barr Henry Baron of Delamere the Prisoner at the Barr stands indicted for that He as a False Traytor against the most Illustrious and most Excellent Prince our-Soveraign Lord the King that now is not having the Fear of God in his Heart nor weighing the Duty of his Allegiance the Fourteenth Day of April last at Meer in the County of Chester did maliciously Conspire with other False Traytors to the Jurors unknown the Death and Deposing of the King And for the better and more effectual fulfilling of those his Treasons the said Fourteenth Day of April at Meer afore-said did Maliciously and Trayterously Assemble Consult and Agree with Charles Gerrard Esq and other False Traytors to Raise great Summs of Money and procure Numbers of Armed Men to make a Rebellion against the King and the City and Castle of Chester to seize with the Magazines there And that afterwards the Twenty-Seventh Day of May last he took a Journey from London to Meer aforesaid to accomplish his Treasonable Intentions And further That upon the Fourth Day of June in further Prosecution of his Trayterous Purposes at Meer aforesaid he did encite divers Subjects of our Lord the King to joyn with him and other false Traytors in his Treason And this is laid to be against the Duty of his Allegiance against the Peace of our Soveraign Lord the King his Crown and Dignity and against the Form of the Statute in that Case made and provided To this Indictment may it please your Grace and the rest of these Noble Lords my Lord Delamere the Prisoner at the Barr has Pleaded Not Guilty and for his Tryal has put himself upon his Peers We shall therefore call our Witnesses for the King and if We prove him Guilty We do not question but your Lordships will find him so Mr. Att. Gen. May it please your Grace my Lord High Steward of England and You my Noble Lords the Peers My Lord Delamere the Prisoner at the Barr stands Indicted for Conspiring the Death of His Majesty and in order thereunto to Raise a Rebellion in the Kingdom My Lords In proving this Charge upon him we crave Leave to give your Grace and your Lordships some short Account by Witnesses that we have here of a former Design that was previous to this Matter for which this Noble Lord stands here accused And We shall not trouble your Grace and your Lordships with any long Evidence because it has received many solemn and repeated Tryals and as to the Proof of it has been Confirmed by as many Verdicts But We do it rather to give some Account as an Introduction to a Material Evidence by shewing That Cheshire which was the Province of this Noble Lord was One of the Stages where that Rebellion was principally to be acted and that preparatory to it great Riotous Assemblies and Tumultuous Gatherings of the People were set on foot by the Conspirators We shall then shew my Lords That after the late Duke of Monmouth the Head of the Conspiracy went beyond Sea especially after the Death of the late King frequent Messages and Intercourse of Correspondency were sent and held between him and the rest of his Accomplices abroad and their Fellow Conspirators here at home And particularly We shall prove That a little before the Rebels came over last Summer into the West the Duke of Monmouth did dispatch one Jones who was one of the most considerable Agents in this Contrivance to come from Holland into England to let his Friends know that though he had intended to go into Scotland and begin his Work there yet now his Resolutions were for England where he hoped his Friends would be prepared for him And with this Message and Resolution of his Jones was to acquaint some Lords who they were the Witness will tell your Lordships but among others this Noble Lord the Prisoner was one And to acquaint them besides That he would immediately set sayl for England whither he would come so soon as he could get That he had a Design to have Landed in Cheshire where he expected to be most readily receiv'd but finding That inconvenient they should have notice Four or Five Days before-hand of the Place of his Landing which he intended should be in the West And among the Directions that Jones had to give to those Lords one was That they should immediately repair into Cheshire there to wait for the News These Instructions Jones had given him in Writing but Sealed up with an Injunction not to open them till he came to Sea and then he was to peruse that Writing and deliver his Message according to his Instructions And in that Writing was the Name of this Noble Lord as one that was principally relyed on to carry on the Rebellion in Cheshire And We shall give You an Account That the late Duke of Monmouth did look upon Cheshire as one of his main Supports and upon my Lord Delamere as a Principal Assistant There My Lords This Message was Jones to communicate to Captain Mathews and Captain Mathews was to transmit it to this Noble Lord and the other Persons that were concern'd with him Jones arrived with this Message here in England upon the Twenty-Seventh of May And I must beg your Lordships to observe the Time particularly But Captain Mathews to whom he was directed was not to be found nor Major Wildman to whom in the Absence of Captain Mathews he was to apply himself as You will hear more fully from the Witness 's own Mouth Thereupon he sends for one Disney a Name which your Lordships cannot but know he being since Executed for Treason and one Brand whom your Lordships will likewise hear of and they meet with this same Jones who communicates his Message to them and they undertake to deliver it to the Persons concern'd Captain Mathews being out of Town and Major Wildman
not to be found That very Night my Lords this same Brand and Disney they meet this Noble Lord my Lord Delamere at the Coffee-House and give him an Account of the Messages And as soon as ever he had received the Message upon that Twenty-Seventh of May at Ten of the Clock at Night does my Lord Delamere dispatch out of Town with only one Servant to attend him and Two other Friends that he had pick't up or appointed to meet him and go with him With all these Badges of Plot and Design does my Lord Delamere set out that Night It was the same Night that Jones came to Town It was late at Night He changed his Name and went by the Name of Brown He chose to go all the By-roads and would not keep the High-common-road and went with great speed as We cannot but presume according to the Message delivered by Jones on purpose to repair into Cheshire And if your Lordships please to observe You will find several remarkable Instances of Plot and Contrivance in the matter First That a Nobleman and one of 10 considerable a Character in his Country as my Lord Delamere should make such haste out of Town with 10 small an Equipage as but one Servant Then That he should go so late at Night Again That he should change his Name and That should prove to be a Name not casually taken up as the first Name he could think of next his own but a Name of distinction that he was known by among all his own Party For all the Communications between the Confederates and Him were managed as to Him under the Name of Brown By that Name several of the late Duke of Monmouth's Trayterous Declarations were sent for which were to be sent to him or by him into Cheshire And that alone with Submission my Lords would be a shrewd Circumstance of Suspicion that a Noble Lord such an one as my Lord Delamere should assume the Name of a Commoner and post out of Town so ill accompanied in a Disguise at that time of Night especially the Parliament being then Sitting as really it was But besides all this Circumstantial Evidence We shall prove by Positive Testimony what the hasty Business was that made my Lord undertake this Journey in this manner For having notice of the Duke of Monmouth's Intention to Land speedily in England when he comes into Cheshire he actually sets about the Work to put that County in a forwardness to assist in the Rebellion endeavours to stir up the People to joyn with him and acquaints One that he imployed in that Affair with the whole Design that he was engaged to raise so many Thousand Men and so much Money to be ready by such a Day Nor does my Lord rest here But after the Duke of Monmouth was Landed in the West to corrupt the Minds of the People We shall prove what Discourses he had and these will testifie his Inclinations to the Cause concerning the great Victories he had obtained over the King's Forces and how he applauded his Conquests My Lords We shall plainly shew You all this that I have opened in plain Proof And then We shall submit it to your Lordships Judgments Whether this Noble Peer be Not Guilty as he has Pleaded to his Indictment Lord H. Steward Call your Witnesses Mr. Attorney Who do You begin with Mr. Att. Gen. My Lord Howard of Escrick We desire he may be first sworn Which was done Lord H. Steward Well What do You ask my Lord Howard Mr. Att. Gen. My Lord I call You to give an Account what You know of a Design of an Insurrection that was to have been and in what Parts and what share Cheshire was to have had in it in the late King's Time Lord H. Steward You hear the Question What say You to it my Lord Lord Howard My Lord I am to direct my self to speak to what was done in the late King's Time For as to that Noble Lord at the Barr I have nothing to say against him Lord H. Steward My Lord Howard If I apprehend Mr. Attorney aright You are not called as a particular Witness against my Lord Delamere but only to give an Account what was agreed upon in any Consultations where You were present in the late KING's Time about a Conspiracy for an Insurrection Lord Howard If so my Lord then I am called not to be an Evidence against my Lord Delamere but against my Self that is to repeat what I have often delivered at several Tryals in the Courts of Justice and which I must always repeat with Shame and Confusion for my Guilt as I cannot but always reflect upon it with Sorrow and Horror But if it be for the Service of His Majesty and this Honourable Court for me so to do I shall endeavour to comply with it and repeat it as well as I can by the Assistance of a broken Memory it being an Account of Things done several Years past and from a Memory interrupted by such Accidents as are very well known and as have disabled me to make a more distinct and particular Relation before so great an Auditory My Lords I suppose it will be expected I should begin my Account with the Occasion and Ground and the Time when those Things happened Lord H. Steward Take your own Method my Lord. Lord Howard Truly my Lord I am not able to fix the particular Time unless You will give me leave to reckon the Years by the Sheriffs of London as the Romans used to do theirs by their Consuls for I have no other means of computing the exact Time Lord H. Steward Pray my Lord tell the Times as near as you can and use what Helps for your Memory you think best Lord Howard My Lords It was in that Year when Mr. Shute and Mr. Pilkington were Sheriffs for the City of London And at that Time it is well known how great Heats did arise upon the Contests that were in the City about Election of Officers for the Year ensuing Mr. Attorney General May it please your Grace My Lord Delamere seems to be faint with standing If your Grace please a Chair may be provided for my Lord to sit in Lord H. Steward Ay by all means Let a Chair be provided for my Lord to sit down Go on my Lord. Lord Howard My Lord I was saying that the Contests about the disputed Election of Sheriffs had occasioned such heats in the City of London and other Places that it was even beyond the common expressions of discontent I knew nothing of any particular Design there was in hand till about six weeks after when Captain Walcot came to me a Person I had known some time before and upon discourse acquainted me that he had found out that there were some persons engaged in a considerable Action that was near its execution and that in order to it he had had notice given him to make preparation and thereupon he had thought fit for that reason
to withdraw from the place where he did at that time Lodge which was in Red-Lyon-Court in Fleet-street as I remember and betake himself to a private Lodging that he might be the readier for Action and to put himself into a better equipage for joyning in the enterprise he had bought himself a Horse and sent his Son into Ireland to turn all he could into ready mony and return it that he might be the better able to go through with the undertaking My Lords this was a great surprise to me for though I knew as all the rest of the World did that there were great discontents yet till then I never had any intimation of any particular design I told him I was going into the Country but should be glad to know how things went and desired him to write to me and gave him a little Cabala or Cipher to disguise the matter he was to write about and when I was in the Country I did receive several Letters which intimated something of a design that was going on and at last he writ with some warmth to me of a necessity we were under to enter into Action and of the readiness of my Correspondents for the stile of the Letters was that of Merchants for so was the Cant that I had given him But truly I was not over-hasty in my return to London because I rather chose to see what would be the Issue of what was then projected before I did intermeddle in such an Affair and so made use of all the delayes I could to retard my return and came not to Town till that week which determined the long-continued controversy in London Nay and then also avoided meeting with any body in any set-way till I could better see how things were managed and what event they would probably come to thereupon I would not go to my own House but took up my Lodging at Mile-end and lay there 3 or 4 days till the day came for confirming the new-elected Sheriffs and the election of a new Lord Mayor which as I take it is on the day before Michaelmas-day and Michaelmas-day When that day was over I could not find there was any intention of entring into any sort of Action I found indeed there were great murmurings in the mouths of all sorts of People and very angry warm speeches and nothing else So I thought the business was over for that time and thereupon away I went to my own House This my Lords was upon the Saturday as I remember Upon the Monday Morning Captain Walcot came to me and desired that he might have some private discourse with me in my Garden and there he told me My Lord Shaftsbury had withdrawn himself and that he did believe things were in a great preparation for Action I desired him to tell me what it was he answered me That he desired to be excused in that for I must go to my Lord Shaftsbury who would give me an account of the whole and withall he told me my Lord Shaftsbâ—â—â— had been much deserted and ill used by those Lords upon whose concurrence he had rely'd and that was the reason why he had withdrawn himself and kept himself so private I told him I did not know my Lord Shaftsbury had any desire to speak with me yes he said he had for he had sent him to me on purpose and he was to bring back my answer whether I would Joyn or no. I told him if my Lord desired to speak with me I would wait upon him and thereupon I went with him and he carried me to a place where my Lord Shaftsbury was retired in the City somewhere about Foster-Lane or Wood-Street at the house of one Watson When I came there after Salutation my Lord Shaftsbury began to make great reflections upon the misery and badness of the times particularly upon the issue of that great Affair the election of the Sheriffs which had ended so unfortunately to the terror of all good men For whereas before the great and sure resort of innocency was to the Integrity of our Juries when returned by fair and equal Sheriffs they looked upon the eagerness of getting those Persons Sworn that were then in Office to be a designe to intrap the innocent the elected Sheriffs being esteemed persons that would accommodate themselves to the humour of the Court and now every man must be run down for crimes that he was no way guilty of if the singer of the Court did but point him out to destruction The apprehension of this he said had made him withdraw himself not knowing how soon he might be seiz'd should he have remain'd in publick and he thought the danger was as imminent upon and likely to reach to others as well as to him and particularly to my self and therefore he said the sense of this danger ought to put every Englishman that had a value for his Country and any thing that was dear to him in it upon using his utmost endeavours to give some prevention to those calamities which were impendent over us and which threatned the destruction of all men that stood up for the rights of the people and this he said was his resolution My Lord In order to this he declared to me what Preparations had been made for the Raising of Force for this purpose he said there were eight or ten Thousand Men I cannot fix the particular number that he was well assured to have ready in the City That there had been divers Horse I think about Fourscore or an Hundred he named that about a Fortnight before had been by parcels drawn into the Town without being observed and these were in daily expectation to go into Action but through the unhandsome Disappointment of the Duke of Monmouth and the other Lords that adhered to him who were to have joyned in the Actiâ—â—â— and have set the Wheels at work in other Parts he was â—â—â—t alone to do the whole in his Province of London they being not ready to concurr according to their Engagement But as he should have the greater Danger so he should have the greater Glory and he resolved to go through with the Attempt or Perish in the Execution To all this Discourse I gave such an Answer as the nature of the thing required I told my Lord Shaftsbury I could not deny all those things to be true as he had represented them in his Discourse and that I would not distrust his Judgment so much as to suppose he would enter upon such an Affair without due deliberation of all the Circumstances requisite to it and so I would not question but there was such Preparations and that he had assurance of such a Force as he had spoke of whenever they should begin any Action But I told him something stuck with me and troubled me very much That in a time of such difficulty when the convenient Help of the Nation was all little enough to joyn in the Work he should stand by
himself and Engage in such an Enterprize in Separation from those other Lords of whose Help there would be so much need He said he could not help it they had appointed this time and that but now when it came to the push they were not ready to do their parts but the People were now in such expectation of something to be done especially in London that it was impossible to restrain them and as impossible to get those Lords ready to joyn with them I told him I was altogether unacquainted with the proceedings in this Affair and that all of it was wholly new to me But pray My Lord said I give me leave to Act that part in this business that I think will most conduce to the Successful Issue of it which is to be a Mediator between You and let me desire you to let things rest as they are till I have endeavoured to Create a better Understanding between your Lordship and those Lords of whose Tergiversation you seem to complain Upon this my Lord was in a great heat and express'd himself with great warming but at last with much ado he gave me Permission to go to the Duke of Monmouth and assure him and the rest of the Lords that were concern'd and tell them from him That if they would be ready to take the Posts that were assign'd them according to their own former Agreement and immediately enter upon Action he would joyn with them but if not he was resolved to go on alone This was as I remember upon Tuesday the Second of October upon the Wednesday Morning I went to find out the Duke of Monmouth but coming to his Lodgings he was gone to Moor-Pank where when I came I found several Persons with him I but after a little time I separated him from the Company and whispering to him I gave him to understand how great a Disorder I found my Lord Shaftsbury in and how great a Complaint he made of his being deserted by him and the other Lords engaged with him and what Resolution he had taken to set upon the Work alone My Lord sayes he I think the Man is Mad his Fear makes him lose his Understanding I do not know why he hides himself from his Friends that no body can telll where he is but as to that which he speaks of oft our forsaking him and breach of Faith he is mistaken For 't is true indeed we are about doing the Thing that he is so eager for but we are not for doing it so hastily as his Fears precipitate him to do and he must excuse us if we Comply not with his Humour to hazard the whole Undertaking by a rash beginning Upon that I said to him My Lord I shall not discourse the Particularities of the business with your Grace but this is all that I at present Address to your Grace for to be a means if I can with your Grace as I have been with him to procure a Meeting between you that you may Settle it with one another Withal my heart sayes the Duke pray let it be so for though my Lord Shaftsbury is angry without a cause yet I would not have him lose himself in a temerarious Undertaking My Lord said I I will tell him what you say and will see if I can work him to a Complyance with the Proposal The next day being Thursday my Lord I went to my Lord Shaftsbury again and reported to him the Discourse I had with the Duke of Monmouth and what Answer he had given to his Complaint of their deserting him He Reply'd It was false they had positively ingaged to be ready by such a time and had appointed the very Day but now they were off and would not tell when they would be ready and withal he told me he greatly suspected the Duke of Monmouth to have a secret Correspondence with the King I then desired him That he would please to consent to the Treaty that was proposed and give the Duke of Monmouth and the Lords a Meeting he in great heat Replyed No he would come no more at them It is strange my Lord said I that you should have such an Opinion of these Men that they would go about to betray you they are not Men of that size but he persisted in it that they had dealt perfidiously with him For after a positive Agreement when the Thing was brought just to the Birth they withdrew their helping-hand but he was sure in London he could Raise a sufficient Force to do the Work and if he were but once set on Horse-back he would Head them himself But yet he was willing to put it off for a Fortnight or three weeks longer if they would be sure to keep pace with him With this Proposal I went the next day which was Friday to the Duke of Monmouth and had the same Answer from him that I had before but withal he bid me tell my Lord Shaftsbury That he did make it his earnest Request to him to give him and his other Friends a Meeting before he Engaged in this business For he found by his precipitation he was about to Destroy himself and all that adhered to him Thereupon I came to my Lord Shaftsbury again upon the Saturday and when I came there after a long and importunate urging all the Arguments I could think of I so far prevailed with him that he agreed to give them a Meeting upon condition that it should be the next day and because it should be so private that no notice might be taken of it he chose to have the Meeting at his own House where no body would suspect him to be and whither he would be conveyed under the Disguise of a Parson I went back with this Message to the Duke of Monmouth who did undertake that the other Lords should be there Lord H. Steward My Lord Howard not to interrupt you Did he name those other Lords If he did pray acquaint my Lords who they were Lord Howard My Lord Shaftsbury named my Lord Russel and my Lord Gray and a great many more that should bear their parts I went to the Duke of Monmouth and told him of it I say and he engaged that they should certainly be there But upon the Sunday Morning when I came to the Temple there I found a Message left for me That my Lord Shaftsbury had receiv'd an Alarum That there were some great Toryes lived near his House in Aldersgate-Street who were continually Spying about and so great a Company might make their more than ordinary Observation That this gave him such a Jealousy as would not permit him to Meet according to his Appointment Afterwards I came to a better understanding of the Reason of this and found there was some fineness in it which I could not comprehend before But after this time I never saw my Lord Shaftsbury for he removed then to other Lodgings So that what I now speak of him is only what I had by
hear-say from others For I had no knowledge of what pass'd as to him but what I had from Capt. Walcot who told me That after that there were several dayes of Meeting appointed but still from time to time put off but upon what reason I cannot particularly remember This is all I know of my Lord Shaftsbury and the latter Part is wholly by Hear-say from Walcot But by reason of this Agitation we continued under Expectation till such time as my Lord Shaftsbury went into Holland where he shortly after died And truly I thought at that time much of the Design was quashed and laid aside But soon after Ferguson came over who when he came Here began to revive and quicken the Business and push it on to Execution I spoke with him at the One Bell in the Strand and there he gave me an Account of all the Steps that had been taken He told me what Preparations had been made in the City in general what to seize the Gates of the City what to Possess themselves of the Tower what to attacque the Guards and several other Things which I can't now so well remember the Impressions of them being worn out of my Memory by length of Time and other Accidents This in general is all that I can say as to what was previous to the particular Engagement wherein I was concern'd For at last after many Discourses the Troubles and Difficulties of the Times increasing and the Dangers that threatned us as we thought growing higher and higher this gave an Occasion for our uniting Councels and entring into a kind of Juncto which I suppose is Foreign to this Affair before your Lordships and therefore I suppose would be likewise impertinent for me to trouble your Lordships with L. H. Steward Mr. Attorney Do you desire my Lord Howard should give an Account of those other Meetings and Consultations at which he was present Mr. Att. Gen. My Lord I think there will be no need of it and I am unwilling to take up your Grace's Time to no purpose Lord Howard As for that Noble Lord at the Barr I know nothing concerning him Lord H. Steward Then Gentlemen Will You have him asked any more Questions Mr. Att. Gen. No my Lord. Lord H. Steward My Lord Delamere Will You ask him any Questions Lord Delamere No my Lord. Mr. Att. Gen. Before my Lord Howard goes I would ask him one Question in general Whether he knew of any Design of a Rising in Cheshire Lord Howard No my Lord I knew of none at all Mr. Att. Gen. Then We desire my Lord Gray may be sworn Which was done Mr. Att. Gen. Pray Will You give his Grace and my Lords an Account what You know of any Designs of an Insurrection or Rebellion when You were beyond Sea or before and who were engaged in it Lord Gray My Lord I am Subpoena'd hither on behalf of the King and I am also Subpoena'd on behalf of my Lord the Prisoner at the Barr I do not know any thing that I can speak of my own Knowledge against the Prisoner nor have I any thing to say that I know of that will be for his Advantage But I am here ready to Answer such Questions as shall be asked of me either of One side or the Other Mr. Att. Gen. My Lord the Question I ask You is What do You know of any Design of a Rising in Cheshire and when Lord Gray About the Time of Election of Sheriffs for the City of London I mean that memorable Time of the Contested Election which furnished the World with so much Discourse and was the occasion of such Heats and Animosities About that Time the Duke of Monmouth and my Lord of Shaftsbury began to discourse about making use of That as an Opportunity to accomplish their Design For they thought the Ferment was so high that Men would easily be disposed to an Insurrection And after many Discourses to that purpose they came to this Resolution That they would apply themselves to make what Interest they could to procure a Rising in Three several Parts of the Kingdom at once One in Cheshire whither the Duke of Monmouth was to betake himself and there be advised by my Lord Macclesfield my Lord Brandon my Lord Delamere that then was and the Prisoner at the Barr what Gentlemen were proper to apply to for joyning in the Design The Second was in London which was assigned to be the Province of my Lord of Shaftsbury And the Third was in the West which was committed to the Care of my Lord Russel The Duke of Monmouth did accordingly go his Progress into Cheshire as is very well known and upon his Return was taken into Custody by the Serjeant at Arms Upon which Sir Thomas Armstrong was sent Post to Town and get an Habeas Corpus and withal to deliver a Message to Me to be Communicated with my Lord Russel and my Lord Shaftsbury Which Message as near as I remember was to this Effect That he had been kindly received by the Gentlemen of the Country and had discours'd the Matter with them and found them all inclined very much to his Satisfaction That upon his being Arrested he had been advised to make his Escape into Cheshire and Rise immediately but that he would not do a Matter of that great Importance without the Approbation of his Friends This is all that I know of any thing that was designed in Cheshire Mr. Att. Gen. Pray my Lord what do you know of any Messages that Capt. Matthews or Jones brought over from Holland and to whom and from whom L. Gray Sir I will give the best Account I can upon the sudden for I am not prepared to give a particular distinct account in regard I did not know it would be expected from me nor indeed that it would affect the Prisoner at the Bar. L. H. Stew. Pray my Lord give my Lords the Peers as succinct and particular an account as you can L. Gray My Lord soon after the late Kings Death the Duke of Monmouth was at Amsterdam with my Lord Argyle where there was an account given of the Design that was in hand of an Insurrection in Scotland and the preparations that had been made in order to it and at that time there came over to Holland Mr. Crag that came as I was inform'd from Major VVildman and his Errand was to promote and recommend a Reconciliation between the Duke of Monmouth and my Lord Argyle who till that time had acted in separate Interests and Crag then gave an account that Means and Money were prepared he had no particular Message to the Duke because he did not know of meeting him there at that time The Duke of Monmouth upon this Encouragement did send Captain Matthews into England with a Message to Major VVildman wherein he did desire him that he would procure a Meeting with my Lord Macclesfield My Lord Brandon my Lord Delamere and I think Mr. Charleton and acquaint
them that he had received a full account of my Lord Argyle's affairs and the preparations that had been made for it and accordingly he had ordered his own affairs to join with him he likewise sent Crag with a Message to the same purpose to other Friends in London and he dispatch'd away one Battescomb into the VVest to prepare things there When Crag returned back again to the Duke he gave him an account that Major VVildman had procured a Meeting with those Lords and Gentlemen that I mentioned before who were all of Opinion That the Duke of Monmouth should go for Scotland for they thought that his coming there would be the best Service he could do the interest at present and they should know the strength of the Enemy here by their sending Forces to suppess the Rebellion there There was likewise a particular Message from Major VVildman to the Duke of Monmouth That he desired he would bring over with him a Broad Seal to Seal Commissions with and to take upon him the Title of King the other particular branches of the Message I do not so well remember but only this he was particularly asked Whether the Prisoner at the Bar was there and he said he was Mr. Att. Gen. Pray my Lord Gray will you give an account what you know of Jones's coming over and what Errand he was sent of Lord Gray Jones came some time after Crag returned and he gave an account of other things conformable to what Crag had said and was sent back again to England by the Duke of Monmouth to give an account of his being ready to sail he gave him also a Letter the Contents whereof I did not see I had some short account of it but whether it were written to any particular Person I cannot tell the sum of his Message was That he would land by that time he could get thither Mr. Att. Gen. My Lord Gray you had frequent Discourse with the Duke of Monmouth and so I suppose can give an account who he kept Correspondence with and upon whose assistance he relyed Lord Gray I suppose few people will believe we were so weary of our Lives as to come and throw them away with Threescore or a very few more Men for it was but a very small number we began with except we had had expectation of good assistance This I am sure of by all my discourses with the Duke of Monmouth he did depend very much upon Cheshire and was resolved to have landed and begun there but afterwards he considered of it and thought better to send some sort of excuse for not landing in Cheshire That the persons that were to be applyed to there being men of great Quality and Interest in their Countrey and able to manage it without his assistance But in the VVest the Friends he relyed on were not of that considerable Quality and therefore he chose to land there Mr. Att. Gen. What Lords did he name that he depended upon Lord Gray I did name them my Lord Macclesfield my Lord Brandon and my Lord Delamere but I observed when the Duke of Monmouth spoke of his Friends in Cheshire he did name my Lord Macclesfield and my Lord Brandon as Persons E. of Nottingham My Lord Steward I humbly pray this Witness may be asked to whom that Letter was written that he saith the late Duke of Monmouth sent by Jones Lord H Stew. You hear my Lord's question who did Monmouth send that Letter by Jones to Lord Gray My Lord I never saw the Letter nor do I know any directions there were upon it I always looked upon it as a paper of Instructions given to him about the time when and the name of the place where the Duke was to land Mr. Att. Gen. We will give an account of that by Jones by and by My Lord. Now swear Nathaniel VVade Which was done Lord H. Stew. Well what do you ask this Witness Mr. Att. Gen. Wade That which I call you for is this to give an account what you know of any design of landing in Cheshire or elsewhere and of Jones's coming over and what Errand he was sent upon Mr. Wade My Ld. I shall give an account as far as I know after the death of the late King Captain Matthews came to Amsterdam and gave an account there that the Duke of Monmouth intended to be there shortly to meet and consult with my Lord Argyle who we understood then was preparing for an expedition into Scotland thereupon I was sent into Freezland to desire my Lord Argyle to come to Amsterdam which he did and there the Duke of Monmouth did consult with him and they did agree together that at the same time that my Lord Argyle made an Insurrection in Scotland the Duke of Monmouth should Invade England and to that end that he should send to those Friends he had in England to be ready to assist him when he came there and in order to it he did send Captain Matthews who amongst other things was to go to the Dukes Friends in Cheshire and amongst them my Lord Delamere was named to be one and the business was to desire them to be ready to assist him when he should land accordingly Captain Matthews went but a little after his going away I think one Crag came over and he came from Major Wildman and his business was to endeavour a good understanding between the Duke of Monmouth and my Lord Argyle who were then at some difference and to endeavour to make them act jointly by united Councils a little after he was sent back again into England to Major Wildman to desire him to assist them with some Money he went back again and returned but brought no Money thereupon he was sent again by the Duke of Monmouth because the first time he was not sent by him the Sum demanded was Six Thousand Pounds or Four Thousand Pounds and at last he sent for a Thousand Pound Crag returned with this Answer That they could not assist them with Money for they did not know to what end they should have Money but to buy Arms and for that the people were well provided enough already and there was no need of Money for that purpose The Duke of Monmouth a while after sent Mr. Crag and pawned all the Jewels he had to raise Money and fitted out Three Ships for this Service laden with Ammunition and because he had promised my Lord Argyle to make a diversion in England while he Invaded Scotland he resolved to go with that provision he had and desired by Mr. Crag that since those Lords and Gentlemen that were to assist them had sent no Money as was desired of them and expected from them they should now trouble themselves with no further needless consultations but should repair each man into his own Countrey where their interest was greatest to be ready when he should come and in order to this the Duke of Monmouth did set sail from Holland and
came to Lyme and landed there and did afterwards order his March so that he might most conveniently meet with his Cheshire Friends that is towards Gloucester and so to get Gloucester Bridg that thereby gaining the command of the River of Severn those of Cheshire if they did as was expected make an Insurrection at the same time they might easily join together In pursuance of this design we came to Keinsham Bridg and there a party of the Kings Horse set upon us and we took some Prisoners and thereupon thought it advisable not to let the Kings Army join together but to go back and engage those that were already come together and that was the reason we did not go over the Bridg. Mr. Att. Gen. Do you know any thing of Jones's coming into Holland and for what Mr. Wade My Lord I had forgot that a little before Crags going last away Jones came over and his business was to know why we staid so long for the Duke of Monmouth's Friends in England had expected him long before and he was dispatch'd away quickly to acquaint them the Duke was coming Mr. Att. Gen. Who was he sent to to acquaint with his coming VVade To Major Wildman he was directed to Major Wildman Mr. Att. Gen. Who else were to be acquainted with it Wade Among the rest my Lord Delamere my Lord Macclesfield and my Lord Brandon were to be acquainted that he was coming and expected that they should raise what Forces they could to assist him Lord H. Stew. Will my Lord Delamere ask him any Questions Lord Delamere No my Lord I never saw his Face before tat I know of Lord H. Stew. Who do you go to next Mr. Attorney Mr. Att. Gen. Next we call Richard Goodenough Swear him which was done That which I would know of you Mr. Goodenough is Whether Jones was sent of my Message and about what Goodenough My Lord I was beyond Sea with the Duke of Monmouth and Mr. Jones was sent among other persons to my Lord Delamere to give him notice that he should be ready against the time that the Duke should land and take care to secure himself that he might not be seized here in Town for we were apprehensive such a thing would be attempted Mr. Att. Gen. What directions were given him what Lords to go to Goodenough My Lord we were informed in Holland that my Lord Delamere was one of those Lords that had promised to draw his Sword in his behalf Mr. Att. Gen. Had you any discourse with the Duke of Monmouth about it at any time Goodenough Yes I have discoursed with the Duke of Monmouth several times Lord H. Steward Ay what did he say to you about it Goodenough My Lord he said among other things that he hoped my Lord Delamere would not break his promise with him Lord H. Stew. My Lord Delamere will you ask him any Questions Lord Delamere No my Lord I never saw his Face before that I know of I will assure you Lord H. Stew. That is pretty strange so famous an Under-Sheriff of London and Middlesex as he was Mr. Att. Gen. Then swear Jones which was done Pray will you give an account what Message you received from the Duke of Monmouth upon your going over into Holland and to whom you were to deliver it and what became of it Jones My Lord I went to Holland about the latter end of April last my going as I have acquainted his Majesty and the Council was not only about this Affair for I had other business that called me thither which I shall not now take up your time or trouble you with repeating of but having some knowledg from Mr. Disney that there were some intentions of doing something tho it was communicated to me but very darkly and therefore that little I did know made me the willinger to go for Holland so soon as I did but before I went I had a mind to understand something more of the design and therefore the night before I went I came to Mr. Disney and acquainted him with my intended Journey Mr. Disney did perswade me against it thinking that I had gone upon this account but I told him the occasion which he partly knew why I went but withal I told him I did intend to see the Duke of Monmouth and if he had any Message that he would have delivered to him I would deliver it very safely he told me all the Message I should deliver to the Duke of Monmouth if I saw him was to desire him to keep to the last Conclusion which he would find in a Letter that had been sent to him and that if he had not yet received the Letter it was to come by the Crop-hair'd Merchant or the Crop-ear'd Merchant I cannot say which but I think it was the Crop-hair'd I asked him what that Message was lest the Letter should miscarry for I told him if I should go to the Duke of Monmouth and refer him to a Letter wherein a Message was to be brought him which he was to keep to and that Letter should miscarry I should in effect bring no message at all to him my Lord thereupon he told me that I should acquaint the Duke of Monmouth that his Friends in England would not by any means have him come for England but that he should continue where he was or if he thought good to go for Scotland they approved of it this is the sum of what he said to me as near as I can remember When I came to Amsterdam there was one Mr 〈◊〉 that was kill'd at Philips Norton went with me to the Duke of Monmouth's and when I came to him I acquainted him as Mr. Disney appointed me to do that there was such a letter sent by such a person and that such a Message was included in it My Lord he was in a great passion I know not how to express it and seemed to be very much troubled and did reflect very much upon Major Wildman and said that was Wildman's work and he said as I think that was the word he used Wildman was a Villain or to that purpose but withal he said it was too late to send such a message now and that he was resolved to come for England and he would make VVildman hang with him or fight for it with him that Wildman did think by tying his own purse he should tye his hand but he should find it should not be so and some other words of the like nature he used but this is the substance of what he said he gave some account what preparations had been made he said Money was very short and he had been fain to pawn all he had to raise what Money was raised upon his own charge He asked me if I did think to return to England shortly I told him if he had any service to command me for England I had some little business to do at Rotterdam which I would dispatch and then I
would perform his Commands he told me he would be glad I did return as soon as I could for England and that this should be the Message I should carry to Wildman in answer to the Message he had sent him That he would come for England and he should either fight with him or hang with him and that was all he had to say to him I was coming away from him but he stopped me and told me he would not have me go out of Town till he had spoke with me again this was upon the Sunday accordingly I did go in the Evening to him and when I came he told me he would have me stay till Tuesday Morning for he was going out of Town and intended to be back again at that time but if not I should receive from my Lord Gray what he had to say to me He did not come upon the Tuesday but my Lord Gray did come and I think to the best of my remembrance Mr. Crag was with me he told me all he had to say was That the Duke intended to be in England within Nine days and that upon the Thursday seven-night after I came away the Duke would be in England and he bid me to remember to tell Brand that when he heard the Duke was landed he should acquaint Sir Robert Payton with it but not till he was landed for tho they did think that he would join with them when the thing was begun yet they ought to be careful who it was communicated to for fear it should be discovered and disappointed this was all that I had in command from my Lord Gray I came to Rotterdam and dispatch'd my business there and would have come away but it happened there were no Ships coming for England nor would there be any in a Fortnights time thereupon I returned to Amsterdam when I came back I went to see the Duke to give him an account how it happened that I was not gone for England the Duke told me he was glad I was not gone for now he had a further Message for me to carry and he would have me stay 2 or 3 days in Town for it I staid three days and came again to him but he told me he was not ready for me yet then I stayed two or three days longer till the 21 st of May to the best of my remembrance it was upon a Thursday that he gave me the Message that I was to bring into England I came to him in the Morning and he told me I should come to him upon the Evening of that day and when I came there was a Paper lay before him on the Table and he took the Paper and sealed it up I cannot say he wrote all that was in that Paper but the Paper that lay before him was not finished when I came in and that he did not write while I was there I am sure but he took it up and sealed it before me and when he had sealed the Paper he told me I must assoon as I came for London see for Captain Matthews Sir Thomas Armstrong's Son in Law who lodged at Mr. Blake's in Covent-Garden and desire him to acquaint my Lord Macclesfield my Lord Brandon and my Lord Delamere with his design of coming for England and that he was resolved to set out upon the Saturday Morning after I came away which was upon the Friday he told me Captain Matthews was to send one Post to that place that was named in the Note to receive Intelligence of his landing and that should be brought to his Friends here immediately he designed should be 24 Hours before the Court had notice of it in Town and those Lords were to be in readiness that as soon as they knew he was landed they might repair to their several Posts to assist him I told him that I would deliver what Message he gave me and asked him what I was to do with the Paper he put into my hands thereupon as near as I remember he used these expressions to me I do by you as Princes do by their Admirals when they send them out upon any considerable expedition which requires secrecy in the management of it they have their Commission delivered to them sealed up which they are not to break open till they are at Sea So here I deliver you your Instructions sealed up which you are not to open till you are at Sea and when you have opened them and read what is contained in them I would have you tear the Paper and throw it into the Sea or otherwise dispose of it lest you be surprized and searched at your landing and my Papers found about you My Lord I asked him because I would be as punctual in my Message as I could what those Lords were to do when they came out of Town whether they should come directly to him or no he told me no not that but they should go into the Countrey and secure their Interest for him there I asked him then if Captain Matthews be out of the way and I be disappointed of meeting with him shall I deliver this Message to the Lords my self he told me no by no means for those Lords were Persons of Quality and that that was not a thing to be done by me what shall I then do my Lord said I if Captain Matthews be out of the way you need not question that saith he but if you meet not with Matthews speak to Wildman My Lord with these instructions and this as near as I can remember is the Sum of all he said to me I came away and came to Sea when I was out at Sea I broke open the Letter that I had given me by the Duke and I will tell you as near as I can what were the Contents of it there was written in it to this Effect TAUNTON in Somersetshire is the place to which all are to resort the Persons to be acquainted with the time of landing are the Lord Macclesfield the Lord Brandon and the Lord Delamere the place to send the Coach to is to Taunton to Mr. Savages House at the Red Lyon the place where the Post was appointed to return was Captain Matthews Lodging at Mr. Blake 's and he was to receive the message or if he did not he was to appoint one that should receive it or if it were to return to any other place that was left to him to do as he thought fit And this was all as near as I can remember when I had seen this I came to London and being very weary and tired when I came home I went to Bed Mr. Att. Gen. Pray tell the Court as near as you can what day it was you came Jones I came out of Holland the 22 d of May I came home the 27 th and looking upon my Almanack I find that it was the Wednesday Fortnight before the Duke landed that I came when I was come home I sent for Mr. Disney and
he came to me immediately I told him I had seen the Duke and desired that he would help me to the speech of Captain Matthews he told me he was out of Town too then I desired to speak with Major Wildman he told me he was gone out of Town too then I told him I must deliver my Message to him and I told him this message as I have told your Lordships before and therefore left it to him to convey it to the knowledg of those Lords that were concerned he did seem to be unwilling and told me he did not know how to communicate it to those Lords and asked me why I would not deliver the Message my self I told him I did ask the Duke of Monmouth that very question whether I might and he had forbid me and ordered me to deliver it either to Captan Matthews or to Major Wildman and since they were absent I knew not any to communicate it to but only to him in order to their having notice of it He told me he would do what he could Mr. Att. Gen. Pray who were present when you had this Discourse with Disney Jones There was none present but himself then for it was the first time that I spoke with him after I came from Holland I told him there was a Post to go to receive intelligence which should bring notice of his landing 24 Hours before it could be known at Whitehall and therefore it were fit they should be in a readiness he did scruple at it and said he did not know where to get any one that could convey the Message to them but he would do what he could and concluded to meet at night in Smithfield and he did so and there were two Persons with him Mr. Crag and Mr. Lisle and another I think his name was Brand and he took me and Brand aside and did ask me where was the place that the Post was to go I told him where and then he did discourse of the Dukes coming over but I mentioned not any thing of the Lords but only to Disney and after an hours talk or thereabouts we parted I saw Mr. Disney once afterwards but what he did with the Message I cannot tell he gave me no account of it I did indeed before I went out of Town see him at the Half-Moon Tavern in 〈◊〉 I went out of Town and met the Duke of Monmouth at Lyme where he Landed and when I came to him I told him what I had done with my Message and how it happened that I could not deliver it to the persons that he had ordered the Duke told me he was satisfied that I had done what I could but seemed to be troubled that Matthews was out of Town And this is the sum of what passed in my knowledg as near as I can remember Mr. Att. Gen. Had you no discourse with Disney what he had done with the Message when you met at Smithfield Jones No because those men were Strangers to me and I had never seen them before Mr. Att. Gen. But afterwards had you no discourse with Brand nor Lisle about it Jones No not at all Brand I never spoke but once with and Lisle would not own that he was the man that was there Lord H. Stew. Have you any more questions to ask him Mr. Attorney Mr. Att. Gen. No my Lord. Lord H. Stew. My Lord Delamere will your Lordship ask him any questions Lord Delamere No my Lord I never saw his face before this time that I know of in my life Lord H. Stew. Then who do you call next Mr. Attorney Mr. Att. Gen. The next Witness that we call my Lord is Story Who was sworn Lord H. Stew. Well what do you ask him Mr. Att. Gen. Mr. Story pray will you give an account what notice you had of Jones's message and what was done upon it and what discourse you had with any body concerning my Lord Delamere the Prisoner at the Bar and with whom Story My Lord I had notice of it by one that lived at Bishopsgate who told me the 28 th of May last that Mr. Jones was returned home from Holland upon a message from the Duke of Monmouth and that he had agreed to go to Taunton and there he expected Mr. Dare or Mr. Williams to bring an account that the Duke was landed and he said that Mr. Jones's message was delivered to Disney in the absence of Captain Matthews who was out of Town that after Disney had received the message from Jones he went and had some discourse with my Lord Delamere and that that night my Lord Delamere went out of Town with two Friends and went a by-way through Enfield Chase towards Hatfield Mr. Att. Gen. Pray when was it you went out of Town Story Story The 28 th of May. Mr. Att. Gen. Who went out of Town with you Story No body but I overtook Mr. Brand that Evening Lord H. Stew. Pray repeat what it was he acquainted you with Story He told me that the day before Jones was returned home with a message from Holland which message was to be delivered to Captain Matthews but in his absence Disney received it and that Evening after he had discoursed with my Lord Delamere my Lord that night went out of Town and two Friends of mine he said went with him and did convey him away by a by-way through Enfield Chase towards Hatfield Lord H. Stew. Have you any more questions to ask him Mr. Attorney Mr. Att. Gen. Pray Sir had you any discourse with the late Duke of Monmouth at Shepton Mallet and about what Lord H. Stew. By the way Friend where is that Brand that you speak of Story He is kill'd I did not see him dye but he is said to be kill'd at Keinsham Bridg. Mr. Att. Gen. Pray what discourse had you with the late Duke of Monmouth about the Prisoner at the Bar Story I heard the late Duke of Monmouth say at Shepton Mallet that his great dependance was upon my Lord Delamere and his friends in Cheshire but he was afraid they had failed him or betray'd him or some such word he used and he said he could have been supply'd otherwise but that he had a dependance upon them Mr. Att. Gen. Pray what Office had you under the Duke of Monmouth Story I was Commissary General Mr. Att. Gen. Well we have done with you L d. H. St. Will you ask him any questions my Lord Delamere Ld. Del. If your Grace please I have a question to ask him L d. H. St. Ay with all my heart what question you will my Lord. Ld. Del. My Lord I desire to know whether he knows one Saxon. St. What Saxon does your L shp mean one that was in the Army Lord Delamere Yes one Thomas Saxon. Story Yes my Lord I knew him a Prisoner in Dorchester Prison where I was a Prisoner my self Ld. H. St. Has your Lordship nothing more to ask him but that Lord. Delamere No my
Lord. Mr. Att. Gen. Now my Lord we call some persons to prove that that very night when Jones came to Town my Lord Delamere the Prisoner at the Bar goes out of Town without any servant changes his name and goes a by-way Swear Vaux and Edlin Vaux was sworn Lord H. Stew. Well what says this man Mr. Att. Gen. Pray give my Lords an account whether you went out of Town with my Lord Delamere and when Vaux My Lord perhaps I may not remember the very words that I gave my Evidence in before but I will repeat the Substance Mr. Att. Gen. It is not so long ago but you may easily recollect your self pray what day was it that my L. Delamere sent for you Vaux The 26 th day of May and I went out of Town the 27 th Mr. Att. Gen. You are upon your Oath and you must remember you are sworn to tell the Truth the whole Truth and nothing but the Truth Vaux Sir I shall take care to do it as far as I can remember Mr. Att. Gen. Whither was it that he sent for you Vaux To the Rummer Tavern in Queenstreet and the next day I went out of Town with him Mr. Att. Gen. What day of the Month did you go out of Town Vaux It was the 27 th day of May. Mr. Att. Gen. What time of the night was it you went out of London Vaux It was about 9 or 10 of the Clock Mr. Att. Gen. What name did my Lord Delamere then go by Vaux He went by the name of Brown Mr. Att. Gen. My Lord I would acquaint your Grace that this is an unwilling Witness and we are forc'd to pump all out of him by questions Vaux I do tell you the truth of all that I know Mr. Att. Gen. How far did you ride that night Vaux To Hoddesden Mr. Att. Gen. What time did you get thither Vaux About 12 of the Clock Mr. Att. Gen. Whither did you go then Va. We went to Hitchen and I return'd back again the next day Mr. Att. Gen. Whither was my Lord Delamere going then Vaux To see his Son that was sick in the Countrey Lord H. Stew. What he told you so did he Vaux Yes my Lord. Mr. Att. Gen. What other Company went with you Vaux Two Gentlemen the one I knew th' other I did not Mr. Att. Gen. What was the name of him you did know Vaux It was Edlin Mr. Att. Gen. Pray was that the direct Road to Cheshire that you went Vaux We made it our way Mr. Att. Gen. You made it your way but I ask you whether it be the best way Vaux It is the freest Rode from dust Mr. Att. Gen. But I ask you a plain Question upon your Oath is it the best way into Cheshire Vaux Truly my Lord I do not know that Lord H. Stew. Pray who gave you directions to call my Lord Delamere by the name of Brown Vaux Himself my Lord. L. H. Stew. Was that the first time my Lord went by that name as you know of Vaux Yes my Lord I never heard that he was called by that name till that time L. Del. I was called by the name of Brown at that time and I will give your Grace an account by and by of the reason of it L. H. Stew. Has your Lordship any Question to ask him L. Del. No my Lord. L. H. Stew. Then go on to the next Mr. Att. Gen. Our next Witness is Edlin pray swear him which was done Pray will you give my Lords and the Court an account whither you went with my Lord Delamere out of Town and when Edlin The 27 th of May last I was at the Custom-House and there came Mr. Vaux the Gentleman that was here last who told me he was going out of Town as far as Hitchen and asked me to go along with him he said he was to go that evening I asked him what time he intended to return he told me he was resolved to return the next day I told him then I would go along with him and we appointed the place of meeting to be at the Bell-Inn in Coleman-Street when I came there he said there was a friend that was going along with him one Mr. Brown we went as far as Hoddesden that night Mr. Att. Gen. Pray Mr. Edlin will you look upon that Gentleman that stands at the Bar is that he that went by the name of Brown Edlin Yes my Lord that is he Mr. Att. Gen. Well then what time did you set out Edlin It was very near nine of the Clock Mr. Att. Gen. Pray when was it that Vaux met you at the Custom-House Edlin It was about 10 of the Clock in the morning L. H. Stew. Pray did you hear or know upon the Road whither he was going Edlin My Lord I did never see my Lord Delamere before in my life L. H. Stew. But did not he tell you as he went along whither he was going Ed. He said he was going for Cheshire to see a sick Child Mr. Att. Gen. You say Sir that you went first for Hoddesden Ed. We did so my Lord. Mr. Att. Gen. Pray Sir how long were you riding that from the Bell in Coleman-Street to Hoddesden Ed. it was 3 hours I believe or about 3 hours and a half Mr. Att. Gen. Then you rid hard out of Town Ed. My Lord it was towards 9 of the Clock when we got on Horse-back and it was about 12 or a little more when we came to Hoddesden L. H. Stew. Well Mr Attorney is that all you have to ask him Mr. Att. Gen. Yes my Lord. L. H. Stew. Will you ask him any questions my Lord Delamere Lord Delamere No my Lord. Mr. Att. Gen. Then my Lord to confirm this Evidence and to explain it I shall call you a couple of Witnesses to prove that this Gentleman went by the name of Brown in the Cant of those that were engaged in this business that the name was known as his name by all the Party and called so constantly in their Letters and Messages Swear Tracey Paunceford and Thomas Babington Which was done Lord H. Stew. Which will you begin with first Mr. Att. Gen. We begin with Paunceford Pray will you give his Grace and these Lords an account what discourse you heard at Disneys concerning the Prisoner at the Bar and what name he was usually called by in your meetings Paunce My Lord I shall give as just an account as I can I was acquainted with Mr. Disney and the 14 th of June I was at his house Lord H. Stew. What June do you mean Paunce Last June my Lord and there were three more besides one Joshua Lock and a Country Gentleman that I have understood since to be one Hooper and there was one Halsey and being there Lock staid for some Declarations Lord H. Stew. What Declarations were those you speak of Paunce The Declarations of the late Duke of Monmouth Lord H. Stew. Were they Printed at that
time Paunce They were not ready at 4 of the Clock in the Afternoon but about 9 of the Clock they were finished and three were printed off and were delivered to Joshua Lock and when he had received them at that time there was a discourse of having them sent into Cheshire to one Mr. Brown after we had received them we came over the Water together and we landed at Salisbury Stairs and Lock was very earnest for going out of Town that night with those three Declarations which as he said were to be carried to one Mr. Brown This was at 9 of the Clock and so we parted Lord H. Stew. Pray into what Countrey was he to carry them Paunce A little way out of Town he said Lord H. Stew. Just now you said they were to go to Cheshire Paunce My Lord the discourse at Disney's house was that they were to be sent into Cheshire but when we came over the water Lock said he was to go a little out of Town to one Mr. Brown Mr. Att. Gen. Pray who was that Mr. Brown as they meant as you apprehended Paunce I understood Mr. Brown to be my Lord Delamere by some discourse Lord H. Stew. Whose discourse did you understand it by Paunce The first time my Lord that I heard of my Lord Delamere's going by the name of Brown was upon a discourse with one Edlin Lord H. Stew. Prithee tell us what that discourse thou hadst with Edlin was Paunce Mr. Edlin about the latter end of May last went out of Town as I heard and when he came back again I asked him whither he went he said he was invited by a Friend to go with him out of Town and my Lord Delamere went along with them and went by the name of Brown Mr. Att. Gen. What discourse had you with Disney or any body else about my Lord Delamere's going by the name of Brown Paunce Mr. Disney did use to mention my Lord Delamere by the name of Brown Mr. Att. Gen. Pray were you at any meeting with any body and whom at any Tavern and what Tavern where any such discourse was had Paunce My Lord I was at a meeting at the Castle Tavern with Mr. Vermuyden and my Brother Babington and one Manning but there was no mention then of any Brown that I remember nor of my Lord Delamere but only there was something in relation to the landing of the Duke of Monmouth the question was asked where he was to land and Mr. Vermuyden made answer he did not know Lord H. St. Will your Lordship please to ask this Witness any questions my Lord Lord Delamere Pray Sir did you ever know any body else that went by the name of Brown besides me Paunce May I answer this question my Lord Lord H. Stew. Answer it yes you must you are sworn to tell the truth and the whole truth man Paunce My Lord there was a discourse of Mr. Vermuyden's going by the name of Brown Lord H. Stew. Will you ask him any more questions my Lord Lord Delam No my Lord. Lord H. Stew. Then go on Mr. Attorney Mr. Att. Gen. Pray Mr. Babington do you tell my Lords what you know of my Lord Delamere's going by the name of Brown Babing My Lord I shall give an account When I first knew any thing of the Transactions I was with my Brother Paunceford Mr. Vermuyden and one Chadwick that went into the West and there was a discourse of two Gentlemen that went by names I did not know Brown was one and I was desirous to know who was meant by it I was at that time but newly acquainted with the concerns of these people and so I found they were fearful to entrust me but afterwards I was at the Castle Tavern where my Brother and my Uncle Vermuyden was and in discourse of Mr. Brown some body happened to name my Lord Delamere's name but he was presently taken up You mean Mr. Brown ay saith he I do L. H. St. About what time was this pray you Bab. About the middle or latter end of May last Mr. Att. Gen. Were you at Disney's when the Declarations were printed there Bab. Mr. Attorney I will give an account of that afterwards but I have something else to say first After this I was diligent to know of my Uncle Vermuyden and my brother who this Mr. Brown was my Uncle told me it was my Lord Delamere and desired me whenever I discoursed of him to call him by that name and I have very good reason to believe Mr. Vermuyden knew of the matter because he was acquainted with a great many of that sort of people and declared he had collected and knew of moneys that were gathered for that purpose and he had a good account of Monmouth's landing and of the Force he had in the West and how long it was presumed that he could maintain that Force without assistance from any body else and so I presume he was very well acquainted with the whole Transaction Afterwards I happened to be at Disney's over the Water there was my Brother Paunceford Mr. Halsey and my self Mr. Att. Gen. Tell what passed there at that time Bab. Disney shew'd me a Declaration that was not perfected quite but after that we fell into a discourse about Mr. Brown and afterwards my Lord Delamere's name was named by some body that some of the Declarations were to be sent to him and I remember Mr. Disney said he was afraid my Lord Delamere was not capable of doing that service that was expected from him in Cheshire for want of some of those Declaratious which would be mighty useful to him to inform the people they being Monmouth's Declarations Lord H. Stew. Had Lock any of those Declarations away for that Mr. Brown you speak of Bab. I never knew Lock my Lord. Mr. Att. Gen. What number of Declarations did Disney print Bab. Disney told us he hoped in 24 hours to have 500 printed a good number of them were to be sent to my Lord Delamere and several of them were dispersed Lord H. St. Have you any more questions to ask him Mr. Attorney Mr. Att. Gen. No my Lord. Lord H. Steward Will you ask him any questions my Lord Delamere Lord Delamere No my Lord. Mr. Att. Gen. Then may it please your Grace the next Witness we shall bring shall be to prove that my Lord Delamere took frequent Journies backward and forward in a very little commpass of time and the same Witness will likewise tell you what Discourse he had with my Lord during the very time of Monmouths Rebellion to stir up the people to joyn with him Swear Hope which was done Pray tell my Lords what Discourse you had with my Lord Delamere and when Hope Upon the Sunday before the Coronation my Lord Delamere came down Post to my House towards his own House in Cheshire Lord H. Steward Prethee where is thy House for these Noble Lords do not know thee perhaps so well as
I do therefore tell us where it is Hope My Lord my house is at the Three Tunns in Coventry Lord H. Steward Well go on tell what thou knowest Hope Some time after that he came down Post again and a little after he went up again Post and he told me he went down another way and after that the 21 st of June he came down Post again this was upon a Sunday the Sunday Sennight after the Duke of Monmouth landed Mr. Att. Gen. Had he any Servant with him at that time Hope Yes he had Lord H. Steward Had he a Servant with him every time he came down Post Hope No he came over I remember without any servant only with a Post Boy Lord H. Steward Well and what Discourse had you with him at that or any other time Hope My Lord that Sunday the 21 st of June my house was very full of people to enquire news it being in the time of the Rebellion every one was desirous to know how things went and there was one Ingram in the house that came to me and asked what news from London for they say saith he that the Duke of Albemarle is killed and his Hearse brought to Westminster Abby thereupon I knowing my Lord Delamere was come from London I went into the Room to my Lord and desired to know of his Lordship what was the news in London he told me he was little at Court and therefore could not tell much News I then asked him what he heard concerning the Duke of Albemarle said I they say here he is killed saith my Lord I am sorry for it if it be so but I fear it is too true but if he be killed it is said he is killed by his own Party I asked him how he told me a Party of the Duke of Albemarle's men were commanded to Fire at the Duke of Monmouth's men but instead of shooting at them they shot into the Ground upon which they were very severely handled by their Officers which so inraged them that they fired upon them and killed several of them and amongst others the Duke of Albemarle was killed and he told me the Duke of Monmouth had several Field Pieces and Arms sufficient for near 30000 men Mr. Att. General Pray did he shew you any Places in any Maps Hope There was in the Room Adams's Map of England and my Lord Delamere shewed me which way Monmouth went and pointed out such and such Towns that he was possessed of and withal said he did fear there would be many bloody Noses before the Business was at an end Mr. Att. General How many times do you think my Lord did ride post to and fro Hope About five times I believe L. H. Steward Within what space of time Hope From the Sunday Sev'night before the Coronation to the Twenty first of June following L. H. Steward Have you done with him Mr. Attorney Mr. Att. General Yes my Lord. L. Delamere My Lord High Steward with your Grace's leave may I ask this Witness any Questions L. H. Steward Yes my Lord what you please L. Delamere 'Pray Did I go down post four or five times do you say in that space Hope My Lord I say you did go so often backward and forward L. Delamere What time was that you say I came without any Servant only with a Post-boy Hope I cannot tell L. H. Steward Will your Lordship ask him any more Questions L. Delamere No my Lord. Mr. Att. General Then my Lord we desire Thomas Saxon may be sworn which was done 'Pray Mr. Saxon will you give an account to his Grace and my Lords what you know of my Lord Delamere the Prisoner at the Bar concerning any Insurrection or Rebellion designed by him in Cheshire and when Saxon. At the beginning of June last I was sent for to Mere my Lord Delamere's House in Cheshire where when I came I was conveyed into a lower Room where were my Lord Delamere Sir Robert Cotton and Mr. Crew Offleys and they told me I was recommended to them by my Lord Brandon who had said I was an honest useful man and they hoped I would prove so For they had sent to the Duke of Monmouth who was in Holland and received an answer by one Jones and assoon as they had an answer my Lord Delamere came away post into the Country under another Name and by being conveyed through Moorfields came down to raise Ten thousand men for the Duke of Monmouth in Cheshire by the first of June but now they had considered of it and found they could not raise them till Midsummer for they must have time to raise a Sum of money forty thousand pound in that Country to maintain the men They asked me whether I would not undertake to carry a Message to the Duke of Monmouth I told them I would and I had there given me eleven Guineas and five pounds in Silver for my Journy and I did hire a Horse afterwards and did deliver my Message to the Duke of Monmouth L. H. Steward When was this do you say Saxon. This was the beginning of June L. H. Steward What day of June Saxon. I cannot tell to a day what day in June it was for I did not set it down but I believe it was the third or fourth of June L. H. Steward How came you to be recommended by my Lord Brandon to these Gentlemen Were you acquainted with my Lord Brandon Saxon. I was acquainted with him The first time I was with him was at Over the next time was at my Lord 's own House Mr. Att. General Ay 'pray tell my Lord how you came acquainted with my Lord Brandon Saxon. Upon the Monday in Easter Week last being at Over I was sent for by my Lord Brandon to drink a glass of Ale and smoke a pipe of Tobacco with him and when I came thither my Lord told me he had a desire to be acquainted with me so we drank a considerable while and he was attended at that time with one Hollingshead and one Mr. Lee and after we had drank pretty smartly and after some discourse Lee and Hollingshead went forth being called out to speak with some body about an Estate or a Tenement that they were concerned in After they were gone out my Lord Brandon began to discourse about the Elections of Parliament-men how unfairly they had been carried he said he stood both for the Town and County of Lancaster but had lost it by an unfair Election for the other Party had made Seven-score Freemen in one night in the Town and by that means had carried it against him which had exasperated the Country so much that they were resolved to make it an occasion of raising up the Country in Arms under pretence of maintaining the Christian English Liberties and that they had a design to send for the Duke of Monmouth and make him King and that they must make use of such men as me that were men of Interest
in the Country to stir up the People to rise in Arms and if I would come to Gosworth his House upon the Monday after he would tell me more of that Business I went according to the time and there he told me a great deal to the same purpose and withal he shewed me a Letter that he had written to the Duke of Monmouth which Letter I afterwards saw at Bridgwater L. H. Steward Have you any more Questions to ask him Mr. Att. General No my Lord But if my Lord Delamere please to ask him any Questions he may L. Delamere I humbly pray he may repeat the Evidence he hath given against me for I have not heard what he has said L. H. Steward Turn toward my Lord Delamere and repeat the Evidence that you gave against him so as he may hear you Which he did to the same effect as before L. H. Steward 'Pray from whom did you receive that money Saxon. I received it from my Lord Delamere L. H. Steward My Lord Delamere will you ask him any Questions L. Delamere Yes may it please your Grace L. H. Steward Then the Method you are to take is this you must propound your Questions to me and then I will propound them to the Witness L. Delamere I desire to know may it please your Grace when was the first time that he declared this that he has now sworn against me L. H. Steward My Lord desires to know of you when it was that you first made known this against him L. Delamere And to whom my Lord Saxon. I suppose I told Mr. Storey of it first my Lord at Dorchester after I was taken Prisoner for the Rebellion L. Delamere When did he tell it Storey my Lord Saxon. I think it was a Fortnight after my acquaintance with him L. H. Steward Were you then in the same Prison with Storey Saxon. Yes I lay with him in the same Bed L. Delamere If your Grace please I would ask him another Question L. H. Steward Ay what you will L. Delamere I desire to know when was the first time that he made Oath of this and upon what occasion it was L. H. Steward What say you to that Saxon. The first time I made Oath of it was when I lay sick L. Delamere Will your Grace please to ask him where that was and when Saxon. It was before His Majesty's Counsellors that were sent to take my Examination in Newgate L. H. Steward 'Prethee I do not know when thou camest to Newgate it may be thou hast been there oftner than once Saxon. I gave my first Information immediately after I was brought to Town when I was removed from Dorchester Goal to Newgate L. Delamere My Lord I desire your Grace would ask him what time he came up Saxon. The beginning of the last Term. L. Delamere Then I desire to know my Lord whether he did remain a Prisoner in the Country all the other time Saxon. Yes I did so from the Tenth of July till the time that I was brought up to Newgate L. Delamere My Lord I desire to know of him whether I had ever imployed him about any of my Concerns that should give me an occasion of trusting him with such Secrets L. H. Steward What Business of Importance had my Lord Delamere ever imploy'd you about before this time Saxon. I was never imployed about any Concerns of my Lord Delamere's before that time neither was I ever in his Company but only then and then as recommended by him to him for they said they must make use of such as me to make their Designs known to the Country for the accomplishing what they did intend L. Delamere Recommended by him who does he mean Saxon. By my Lord Brandon L. Delamere If your Grace please I desire to know what the Business was that he was to do Saxon. I was to inform the Country concerning the time of the rising my Acquaintance abounded that way and by their Discourse they had got men in every Place to acquaint the Country when they should rise L. H. Steward Were you acquainted with any great Number Saxon. My Lord I was a Publick Tradesman in Middlewich and much acquainted with the ordinary sort of People L. Delamere My Lord he says he was sent for to my House I desire to know who was the Messenger that was sent for him Saxon. My Lord I did ask him his name but he would not tell it me he told me he was but Tenant to my Lord Delamere and had been imployed in such Businesses for my Lord Delamere's Father Sir George Booth he was a lame man in one Arm for he had his hand shot away at the Siege of Nantwich L. Delamere It was Tom Long the Carrier I suppose or some such Fellow or other that I sent for him My Lord I desire to know what time of Day or Night was it when he came to my House Saxon. It was just when it began to be dark the Messenger came to me in the Afternoon to fetch me thither and I sent for a man's Horse that lived near me and when it was brought me he asked me what made me go so late I told him I had occasion to go late and I should return late and the man stayd at my House for his Horse till it was late but I not coming home he left order for his Horse to be brought to him L. Delamere Next my Lord I desire to know when he came to my House whether he did alight from his Horse at the Stables that belong to the House or no Saxon. I did alight just at the Old Buildings and the man's Horse that came with me and mine were taken into the Stables L. Delamere 'Pray my Lord ask him who took his Horse from him Saxon. The man that came with me and he went into the house and brought out a Candle L. Delamere My Lord I would ask him whether the Door he was let in at was that which was nearest to the Stable or which Door L. H. Steward Do you know what Door of the house you were let in at L. Delamere My Lord I ask him whether it were the next Door to the Stable Saxon. My Lord I cannot very well give an account of that for I was never at the house before L. Delamere 'Pray my Lord let him recollect himself whether it were the Door next the Stable or not L. H. Steward Ay with all my heart if he can Saxon. I did not see any other Door but that I came in at and therefore I cannot tell which Door it was L. Delamere These Questions my Lord I take to be proper for me to ask and I believe I shall make it appear so to your Grace to be so by and by L H. Steward Good my Lord take your full liberty and ask what Questions you please for I know my Lords here will be all very well pleased that you have all Scope allowed you that can be L. Delamere
gathered up agen and therefore unless the Case be very clear against me you I am sure will not hazard the shedding of my blood upon a doubtful Evidence God Almighty is a God of Mercy and Equity Our Law the Law of England is a Law of Equity and Mercy and both God and the Law require from your Lordships Tenderness in all Cases of Life and Death and if it should be indifferent or but doubtful to your Lordships which upon the Proofes that I have made I cannot believe it can be whether I am innocent or guilty both God and the Law require you to acquit me My Lords I leave my Self my Cause and all the Consequences of it with your Lordships And I pray the All-Wise the Almighty God direct you in your Determination Lord High Steward Have you any thing more to say My Lord Lord Delamere No My Lord. Lord High Steward Then Mr. Attorney and you that are of the Kings Counsel What have you to say more Mr. Soll. General May it please your Grace and you my Noble Lords the Peers of my Lord Delamere the Prisoner at the Barr. The Evidence that hath been given against this Noble Lord is of two Natures part of it is positive Proof and part is circumstantial and though it be allowed that there must be two Witnesses in Cases of Treason and that Circumstances tho never so strong and sufficient to fortify one positive Proof do not nor can make a second positive Witness Yet I crave leave to say that there may be Circumstances so strong and cogent so violent and necessary to fortify a positive Testimony that will in Law amount to make a second Witness such as the Law requires My Lords I do not say every Circumstance will do it but such as necessarily and violently tending to the same thing that was positively proved As for Example If a man comes and Swears against another that he said he will go immediately and kill the King and another man that did not hear those words comes and testifies his Lying in wait that circumstance of Lying in wait that was an action indifferent in it self yet when applyed to the positive Proof will be a second witness to satisfie the Law which requires two witnesses in Treason It must confess My Lords when we will make Circumstances to be a second Evidence they must be such as are necessarily tending to fortifie the positive Evidence that was given by the single Witness Now whether that be so in this Case I must as becomes me leave to your Lordships Consideration It is not my business to carry the Evidence further than it will go and I am sure it is not my duty to let it lose any of its weight and if it have not that force it ought to have I should be to blame as not having done what belongs to me to do I will therefore state the Fact to your Lordships plainly as it stands upon the Proof and submit the whole to your Lordships Determination My Lords Our positive Proof with which I crave leave to begin is but by one single Witness and that is Saxon and his Evidence is this That being in Cheshire where he lives he was sent for about the 3 d or 4 th of June last to my Lord Delamere's House at Mere and there he was brought into a Lower Room where he saw my Lord Delamere Sir Robert Cotton and Mr. Crew Offley That my Lord Delamere told him he had received a Message lately by one Jones that was sent from the Duke of Monmouth whereby he understood that the Duke would speedily be in England and that they must provide Men and Arms to assist him when he came That he was a Man recommended to them by my Lord Brandon and that upon his recommendation they had thought fit to intrust him in the matter and withal told him They were to raise 40000 l. and 10000 Men in that County He tells you likewise these Gentlemen gave him 11 Guineys and 5 l. in Silver to go of an Errand for them to the Duke of Monmouth which he undertook to do and hired a Horse to that purpose This My Lords is the positive Proof and this I must acknowledge standing-single and by it self will make but one Witness but whether the Circumstances that have been offered to your Lordships by the other Witnesses be such violent Circumstances as necessarily tend to fortifie and support that positive Evidence and so will supply the defect of a second Witness is the next question that I come to consider and I shall take them into consideration in the same order that the Evidence was delivered The first step My Lords that was made as to any Evidence that toucheth this Noble Lord at the Bar was what was testified by my Lord Gray for as to the other part of the Evidence that related to the Conspiracy in general I need not trouble your Lordships with the repetition of it that there was such an one is notoriously known but I say that part of the Evidence in his History of the Conspiracy which my Lord Gray brought home to my Lord Delamere was this That upon the first Meetings and Consultations it was resolved upon That the Duke of Monmouth should go into Cheshire to make an Interest there and among the Persons that he was directed to go to and to apply himself to for advice there as Persons fit to be trusted this Noble Lord was one That upon the Duke of Monmouth's Return out of Cheshire he did give his Confederates here in Town an Account how well he had been received and that he liked all things very well there This my Lords is the first Circumstance offered that has been to you to shew that he had a Confidence in my Lord Delamere as a Principal Support of his Designs at that very time The next thing that we offer is this Message of Jones's and for that our Evidence has fully and plainly made it out to your Lordships That Jones did go over into Holland and his Business there was an Errand from Disney and Major Wildman and the Confederates here The effect of his Message was That it was their Opinion That the Duke of Monmouth should go for Scotland and joyn with my Lord Argyle but upon the Receipt of the Message he being angry said It was too late for such a Message now and he would come into England for he was ready to Sail and thereupon he did send this same Jones back again into England upon a Message to inform the Lords and others of his Party among whom my Lord Delamere was one That he would have them betake themselves into their several Countries and not stay to be taken or clap'd up here for that he did understand was the design and this Message was delivered in Writing now that the Duke of Monmouth did write a Note and give it to Jones is verified by my Lord Gray's Testimony too and this was Sealed
up and he was not to open it till he came to Sea and when he did open it he found it contained a Signification of the Place where he was to Land and where he was to Rendezvouz which was Taunton and who were the Persons that were to have Notice of it among whose Names we find my Lord Delamere's to be one but he does likewise tell you he was not the man that was to carry the Message to these Persons but he was to deliver it to Matthews or Wildman and they were to transmit it to the other Persons He tells you likewise That when he came to Town which was the 27 th of May he met neither with Matthews nor Major Wildman whereupon being at a loss what he should do with his Message for want of those other Persons he acquainted Disney that was Executed with his Errand who promised to take care that it should be delivered This My Lords is all Jones's Evidence for Jones does not say that he himself acquainted or that Disney did acquaint my Lord Delamere with the Message But here My Lord is the main Circumstance that renders the matter suspicious That very Night that Jones came to Town and Disney being acquainted with the Message had undertaken to get it delivered does my Lord Delamere at Ten of the Clock at Night go out of Town in the Company of two Friends under the Disguise of the Name of Brown and a Bye-Road and so goes down to his own House in Cheshire This I say is the Circumstance that renders the thing suspicious Now my Lords if we do prove by such sufficient Evidence as may make the matter manifest to you that my Lord Delamere had Notice of Jones's Message for upon that Point the Case will turn whether he had Notice such a Message was brought that such things were in agitation such Preparations made and that they were all to go into the Country then I say his going down is a violent Presumption he had an intent to comply with the Message and joyn in the Design But now My Lords comes the Question the main Question How is it made out that he had Notice Jones brought such a Message Jones indeed My Lords does not say that he himself imparted it to him or that Disney told him he had Communicated it but I think there is another Witness and that is Storey who saith That Brand one that knew of the Message did acquaint him that my Lord had received it at the Coffee-House and that Night went out of Town It is true My Lords this is but a Hear-say but that which followed being matter of Fact my Lord 's going out of Town that Night so late in the Night and in such an unusual suspicious manner gives more Credit to the Relation than as a bare Hear-say could have of it self For unless there be some good account given of my Lords thus going out of Town it is a kind of necessary Presumption that he acquainted with the Message part of which was That he should go out of Town and if so it can have no other Construction with Submission than to be in pursuance of and complying with the Directions that that Message brought him from the Duke of Monmouth My Lords to carry this a little further there were two Witnesses produced that went out of Town with him they seem indeed unwillingly to give their Evidence but I shall faithfully repeat what Testimony they gave Their Names were Vaux and Edlin Vaux he saith he met my Lord Delamere at the Rummer-Tavern in Queen-street the 26 th day of May which was the day before Jones came to Town and that then he appointed to go out of Town the next day which was the 27th and accordingly he did go Edlin he saith he met Vaux at the Custom-House upon the 27th of May in the Morning and being desired by him to go with him out of Town he did so and there was with him a Gentleman whose Name was Brown and who now appears to be my Lord Delamere they went in Company with him as far as Hitchin where they left him upon Thursday the 28th at Noon This Evidence is produced to shew That my Lord did go out of Town at that time and in that manner as has been alledged and that these Persons went with him to conduct him a private way that he should not go the common Road. Your Lordships will consider what Answer hath been given to this and what account my Lord Delamere has given of himself Another thing my Lords that renders this matter suspicious is the Name which my Lord was pleased to assume to disguise himself by it being a Name by which the Party use to call my Lord in their Discourses of him And to prove that we have likewise produced two Witnesses Babington and Paunceford Babington he says That in their Consultations there were Discourses of my Lord Delamere under the Name of Brown and once at a Tavern when my Lord Delamere was named by one in the Company he was presently catched up for it and replied to You mean Mr. Brown and so it seems that was the Canting Name under which they discoursed of my Lord Delamere The other Witness Paunceford he tells you That being at Disney's House and concerned with him in the printing the Late Duke of Monmouth's Declarations for the printing of which Disney was Executed one Lock came for some of those Declarations for Mr. Brown and they were to be sent into Cheshire so that though your Lordships observe the Witness saith some body else was called by the Name of Brown yet you have had no account given you that there was any other Brown in Cheshire It is true indeed My Lords that these are only things that Disney said and Lock said But I must take leave to say it is very suspicious that if my Lord went out of Town into Cheshire under the Name of Brown and some Persons shall on the behalf of Brown come for Declarations to be sent into Cheshire and my Lord commonly in that Parly go by the Name of Brown that those Declarations were for my Lord and that will be a great Evidence of his Correspondence with Monmouth But I confess My Lords all this while our Proof is Circumstantial and indeed there is no positive Proof but that of Saxon and in him our Proof must center for without him I must acknowledge nothing that has been offered will be Proof against my Lord upon this Indictment for bare Circumstances and bare Suspicions will be no Proof against any Man but such as are violent and necessary and those joyned to a positive Proof such as the Law requires Now then My Lords I come to the Consideration of what weight and stress is to be laid upon this positive Evidence of Saxons And here I must confess there are objections made to this Testimony to which I cannot readily give an Answer for Saxon has sworn that he was there