July 13. 1683. THen and there the Prisoner appearing he was Arraigned upon an Indictment of High-Treason for conspiring the Death of the King and subversion of the Government To which being required to plead he desired a Copy of his Indictment but being told nothing could be granted till he had pleaded he pleaded Not Guilty And then complain'd of his being arraign'd and tried at the same time desiring a Copy of his Panel having had only some Names of Persons usually upon Juries and that his Trial might be deferr'd till the Afternoon in regard he had a Witness that was not in Town But the Attorn Gen. urg'd the Jury might be called Then the Prisoner desired a Pen and Ink and some to write for him and to have the use of his Papers all which were granted And then John Martin being named the Lord Russel asked if he were a Free-holder of forty Shillings a Year saying that he thought none were allowed but such as were Free-holders To which the Court replied That no Pannel was made in London by Free-holders for that London Estates belonging either to the Nobility or Gentry that lived out of the City or to Corporations London was excepted To this his Lordship urged the Statute of 2 Hen. 5. wherein he said it was positive that in Cases of Life and Death no Man should be judged but by those that have forty Shillings a Year But the Attorn Gen. not allowing the Prisoners Exceptions his Counsel were called and again assigned him by the Court Mr. Pollexfen Mr. Holt and Mr. Ward who learnedly urged what they took to be Law in that Case and were answer'd by the Attorn Gen. Mr. Sol. Gen. Sir George Jefferies and Mr. North the King's Counsel And then it was adjudged by eight of the Judges being present viz. the Ld. Ch. Justice the Ld. Ch. Baron Mr. Justice Wyndham Mr. Justice Jones Mr. Justice Charlton Mr. Justice Levins Mr. Baron Street and Mr. Justice Withens that in case of Treason Free-hold was no good cause of Challenge The Jury-men therefore were called and after the Lord Russel hah challenged 31 of them the following Persons were sworn viz. John Martin William Rouse Jervas Seaton William Fashion Thomas Short George Toriano VVilliam Butler James Pickering Thomas Jeve Hugh Noden Robert Brough Thomas Oneby To whom the Indictment being read the same was opened by Mr. North and the Attorny-General opened the Evidence And then Col. Rumsey being sworn deposed That about the latter end of October or beginning of November the Lord Shaftsbury sent him from his Lodging by VVapping to Mr. Shepherd's to the Duke of Monmouth the Lord Russel Lord Grey Sir Thomas Armstrong and Mr. Ferguson there met to know what Resolution they were come to about the rising of Taunton Their answer was That Mr. Trenchard had failed them that he had promised 1000 foot and 300 Horse but when he came to perform it he could not He thought the People would not meddle unless they had some time to make Provision for their Families That Mr. Ferguson made this Answer the Lord Russel and the Duke of Monmouth being present and the Lord Grey saying something to the same purpose And upon this it was the Lord Shaftsbury prepared to be gone That he was with them at Shepherd's about a quarter of an hour and that there was some discourse about seizing of the Guards at the Savoy and Mews in case the Insurrection had gone on which was to have been on Novemb. 19. and that the Duke of Monmouth the Lord. Grey and Sir Thomas Armstrong undertook to view the Guards and that the Lord Russel assented to all this and the Witness was to have gone to Bristol by the order of the Earl of Shaftsbury against that time Then Mr. Shepherd deposed that in October Mr. Ferguson came to him in the Duke of Monmouth's Name to request the conveniency of his House for him and some other Persons of Quality to meet That in the Evening came the Duke of Monmouth the Lord Grey the Lord Russel Sir Thomas Armstrong Col. Rumsey and Mr. Ferguson one after another That Sir Thomas Armstrong desired they might be private and therefore what they wanted he fetch'd up himself not suffering his Servants to come up That their Discourse was about seizing the Guards and the Duke of Monmouth Lord Grey and Sir Thomas Armstrong went one time to view them and the next time they met at his House he heard Sir Thomas say the Guards were very remiss in their Places and not like Soldiers and that the thing was feasible if they had strength to do it That they met twice at his House and the Prisoner was there both times That Mr. Ferguson read a Paper in the Nature of a Declaration setting forth the Grievances of the Nation in order to a Rising He could not say the Lord Russel was present at the reading of it but Col. Rumsey was who then deny'd it saying it was over before he came Then the Lord Howard being sworn began his long Evidence with a low Voice pretending the News he had just then receiv'd of the Earl of Essex's Fate had sunk his Voice and a long Story of the Designs of the Earl of Shaftsbury an Account of which he had from Capt. VValcot whom he brought acquainted with the Earl of Shaftsbury and by whom the Earl of Shaftsbury sent for him while he absconded at one VVatson's at the end of VVoodstreet and there discover'd to him his Design of the Rising and that he had 10000 brisk Boys ready to follow him whenever he held up his Finger who were to possess themselves of the Gates and would in an Hour's time be 5 times multiplied But that his Design was much retarded by the backwardness of the Duke of Monmouth and the Lord Russel who failed him in not being ready prepared to concur with him in the Country that he then endeavour'd to shew the Earl of Shaftsbury the necessity of having those Lords concurrence in so weighty an Undertaking and proffer'd his Service to bring them to a right Understanding among themselves to this end he spoke with the Duke of Monmouth who deny'd that either he or the Lord Russel had given the Earl of Shaftsbury any incouragement to be so forward because they knew the Country could not be ready to stir so soon That a Meeting was then propos'd but afterwards put off by reason of the Earl of Shaftsbury's fears of being discover'd That the Duke of Monmouth told him that the Lord Russel had been with the Earl of Shaftsbury and preswaded him to put off his Rendezvouz for only a Fortnight against which time they would try to be ready for him But the Country not being ready that Design was disappointed That in October Captain Walcot acquainted him with the Design upon the King with which he acquainted the Duke of Monmouth who said he would never suffer it and they did all they could to prevent it This failing the
next Design was to be on Novemb. the 17th but the Country not being then in a readiness the Earl of Shaftsbury upon hearing it went away for Holland That after this they all began to lie under a sense that they had gone so far and communicated it to so many that it was unsafe to make a Retreat And for the carrying it on thought it necessary there should be some General Council that should take upon them the care of the whole Whereupon they erected the Council of six which consisted of the Duke of Monmouth Earl of Essex Lord Russel Mr. Hambden jun. Col. Sidney and himself That these met at Mr. Hambden's House about the middle of January last and there the Particulars offer'd to their Consideration whereto they were to bring their Advice were Whether the Insurrection were most proper to be begun in London or in the Country or both in an Instant What Countries and Towns were fittest and most dispos'd to Action What Arms were necessary to be got and how to be disposed How to raise a Common Bank of 25 or 30000 l. to answer all Occasions And lastly How to draw Scotland to consent with them it being thought necessary that all Diversion should be given That about ten Days after the same Persons met again at the Lord Russel's where it was resolv'd to send into Scotland to invite some Persons hither who could give the best accompt of the State thereof viz. Sir John Cockram the Lord Melvil and Sir Hugh Campbel and that in Discourse it was referr'd to Col. Sidney to take care of that Business who afterwards told him he had sent Aaron Smith and given him 60 Guinies for his Journey That to avoid Observation they concluded not to meet till the return of this Messenger and he going in the mean time to his Estate in Essex and thence to the Bath he knew nothing more only when he came back he was informed Smith was come back and Sir John Cockram with him That he was sure the Lord Russel was present at these Meetings and to his understanding did consent though nothing was put to the Vote And he wished he could say the Lord Russel was not there To this the Prisoner insisted that most he had said was only hearsay and the two times they met was not upon any formed Design but to talk of News and they were delighted to hear the Lord Howard talk being full of Discourse of a voluble Tongue and talk'd well And that he never saw any of the Scotch Gentlemen only the Lord Melvil but never upon this Account Here the Attorny General urged that Aaron Smith did go into Scotland and that Campbel he went for was taken which Mr. Atterbury swore that he was then in his Custody and that he had been by his own Confession four days in London before he was took Then Mr. West deposed That he never had any Conversation with the Prisoner only he had heard Mr. Ferguson and Col. Rumsey say that the Lord Russel in the Insurrection in November intended to take his Post in the West where Mr. Trenchard had failed them and that they most depended upon him because he was looked upon as a Person of great Sobriety But this being all but Hear-say the Court would not admit it as Evidence The King's Counsel therefore left the Evidence here and call'd on the Prisoner to make his Defence who to all this made Answer That he could not but think himself mighty unfortunate to stand there charg'd with so high a Crime and that intermixed with the horrid Practices and Speeches of other People the King's Counsel taking all Advantages and improving and heightning things against him That he was no Lawyer an unready Speaker and not so well prepared as he should be c. That he thought his Jury were Men of Consciences and would consider that the Witnesses against him swore to save their own Lives Neither was what Col. Rumsey swore enough to take away his Life or if it were the Time was elapsed by the 13th of this King which limits Prosecution to six Months Neither was a design of Levying War Treason unless it appeared by some Overt-Act as appears by the 25th of Edw. 3d. And then desiring to know upon what Statute he was indicted it was told him upon the 25th of Edw. the 3d. Whereupon he desired Counsel upon these two Points as Matter of Law Whether the Treason were duly proved and if it were Whether it were punishable by the Statute In Answer to which the Court inform'd him That if he were contented that the Fact should be taken as proved against him and desired Counsel upon what was bare Matter of Law he should have it granted but there could be no Matter of Law admitted but upon a Fact admitted and stated And whereas he insisted that the Business at Mr. Shepherd's House was sworn to only by one Witness It was answered that if there were one Witness of one Act of Treason another of a 2d and another of a 3d that manifested the same Treason it was sufficient The Statute then of 25th of Edw. 3d. c. 2. was read And then the Prisoner insisted that he was never but at one Meetings at Mr. Shepherd's and Col. Rumsey was there before he came in but Rumsey said No the Duke of Monmouth and the Lord Russel went away together Then in behalf of the Prisoner the Earl of Anglesey declared That visiting the Earl of Bedford last week the Lord Howard came in and told the Earl of Bedford that his Son could not be in such a Plot or suspected of it and that he knew nothing against the Lord Russel or any Body else of such a Barbarous Design And then going on to tell what the Lady Chaworth had told him the King's Counsel interrupted him telling him as the Court would not permit them to give Hear-say-Evidence against the Prisoner so they must not permit his Lordship to do it for the Prisoner Mr. Edward Howard declared That the Lord Howard took it upon his Honour and his Faith he knew nothing of any Person concerned in that Business and noâ— only thought the Lord Russel unjustly suffered but he took God and Man to Witness he thought the Lord Russel the Worthiest Man in the World Dr. Burnet declared The Lord Russel was with him the Night after the Plot broke out and did then as he had done before with Hands and Eyes lifted up to Heaven protest that he knew nothing of any Plot nor believ'd any and treated it with great Scorn and Contempt The Lord Cavendish testified to the Prudence and Honour of the Lord Russel and how unlikely it was for him to be concern'd and had heard him declare his ill Opinion of Rumsey two or three Days after the Discovery and therefore that it was unlikely he would entrust him with such a Secret Dr. Thomas Cox and Dr. Burnet again testified as to his Life and Conversation and of his aversness to
the Prisoners Mrs. Gaunt to be burnt and the other 3 to be drawn hang'd and quarter'd which was accordingly executed upon them and Mr. Cornish was hang'd in Cheapside over against Kings-street on Friday October 23 1685. and his Quarters afterwards put up in several Places and his Head upon the Guild-Hall where it stood till the tidings of the Dutch Invasion summon'd it with the other Quarters into the Grave after they had been expos'd in that infamous manner the space of 3 Years The Trial of Henry Baron Delamere in Westminster-Hall before George Lord Jefferies constituted Lord High-Steward on this Occasion on Thursday Jan. 14 1685. THen and there the Court being met the Lord High-Steward's Commission was first read and the Staff being carried between Garter King at Arms and the Gent. Vsher of the Black Rod was with 3 Reverences delivered upon the knee to his Grace and by him redelivered to the Gent. Vsher of the Black Rod to hold during the Service Then Proclamation was made by a Serjeant at Arms for all Persons present except Peers Privy Councellors and the reverend Judges now assistant to be uncovered and for all to whom any Writ had been directed for the certifying of any Indictment before his Grace to bring in the same forthwith After which Sir Edward Lutwich deliver'd in his Writ and Return which were read And then the Lieutenant of the Tower was call'd to bring his Prisoner to the Bar which having done Sir Roger Harsnet Serj. at Arms was called to return the Names of the Peers which he had summoned who were then called over by the Clerk of the Crown and those that appeared were these following who standing up uncovered answered to their Names each making a Reverence to the Lord High Steward Lawrence Earl of Rochester Lord High-Treasurer of England Robert E. of Sunderland Lord President of His Majesties Privy-Council Henry Duke of Norfolk Earl-Marshal of England Charles D. of Somerset Henry D. of Grafton Henry D. of Beaufort Lord President of VVales John Earl of Mulgrave Lord Chamberlain of His Majesties Houshold Aubrey E. of Oxford Charles E. of Shrewsbury Theophilus E. of Huntingdon Thomas E. of Pembroke John E. of Bridgwater Henry E. of Peterborow Robert E. of Scarsdale VVilliam E. of Craven Louis E. of Feversham George E. of Berkley Daniel E. of Nottingham Thomas E. of Plimouth Thomas Viscount Falconberg Francis Viscount Newport Treasurer of His Majesties Houshold Robert Lord Ferrers Vere Essex Lord Cromwell VVilliam Lord Maynard Comptroler of His Majesties Houshold George Lord Dartmouth Master-General of His Majesties Ordinance Sidney Lord Godolphin John Lord Churchill The Lord High Steward then having acquainted the Prisoner with the occasion of this meeting order'd the Bill of Indictment to be read which was done twice at the Prisoner's desire And then the Prisoner deliver'd in his Plea to the Jurisdiction of this Court that he ought to be tried by the whole Body of the House of Peers in Parliament the Parliament still continuing being under a Prorogation and not dissolved and because there was some agitation of the matter concerning this Prosecution upon his Petition in the House of Lords c. To which the Attorny General answer'd that the Plea was not good there never having been so much as any Indictment returned there nor found during the Session of Parliament besides that the Plea was in Paper and English The Prisoner then desired Counsel to put it into Form But it being a Plea against the Jurisdiction no time could be allowed and the Prisoner having no Counsel ready to plead his plea was over-ruled and he pleaded Not Guilty After which the Lord High Steward gave the Charge to the Peers and Sir Thomas Jenner Recorder of London opened the Indictment and Mr. Attorny General the Evidence And then the Lord Howard was first sworn Who gave the same account about the Earl of Shaftsbury's design'd Insurrection as before he had done at the other Trials where he was a Witness to which therefore the Reader is referred The Lord Grey deposed that Cheshire was one of the Places pitch'd upon for the Rising and for that end the Duke of Monmouth went his Progress into those Parts to make his Interest there and that the Prisoner was one he was directed to advise with That after the late King's Death the Duke of Monmouth was at Amsterdam with the Lord Argyle where there was an Account given of the Design that was in Hand of an Insurrection in Scotland and at that time came over to Holland Mr. Crag from Major Wildman to promote and recommend a Reconciliation between the Duke of Monmouth and the Lord Argyle who till that time had acted in separate interests giving some account that Means and Money were prepared This encouraged the Duke of Monmouth to send Capt. Matthews into England to Major Wildman to desire him to acquaint several Persons among whom the Prisoner was one that he was designed to join the Lord Argyle When Crag return'd to the Duke he gave an account that Major Wildman had convers'd with these Persons and that their Opinion was that the Duke should go for Scotland whereby they might know the strength of the Enemy here by their sending to suppress the Rebellion there and also that Major Wildman desired the Duke to bring over with him a Broad Seal to seal Commissions with and to take upon him the Title of King That soon after Crag's return Jones came with a Message to the Duke from England and was sent back shortly after by the Duke with a Letter of Instructions And the Duke intended first to have landed in Cheshire he very much depending upon that County but afterwards considering that the Persons there being of great Quality and Interest in their Country and able to manage it without his Assistance he chose rather to land in the West the Friends he relyed on there not being of that Quality Mr. Nathaniel Wade deposed that at Amsterdam soon after the Death of the late King the Duke of Monmouth and the Lord Argyle had a Consultation together and agreed that at the same time the Lord Argyle made an Insurrection in Scotland the Duke should invade England For which end the Duke sent Capt. Matthews into England to acquaint his Friends among whom he heard the Lord Delamere named to be ready for his Assistance Crag was sent over for Money but could get none and therefore the Duke sent him over again to pawn his Jewels and get what Money he could wherewith he fitted out 3 Ships laden with Ammunition and having before ordered his Friends to repair to their own Countries to be ready he set Sail and landed at Lyme and ordered his March so as that he might most conveniently meet with his Cheshire Friends In pursuance whereof they came to Keinsham Bridge where a Party of the Kings Horse set upon them of whom they took some Prisoners and thereupon thought it advisable not to let the Kings
the quarterly Sessions several came to them to ask News and they told of Mr. Arnold's Hurt and were as sorry for it as any Persons could be and confess'd it a very ill thing That he supposed Mr. Arnold must needs be acquainted with Giles he having been head-Constable and always a Protestant Then John Jones the Cutler's Apprentice swore That his Master asking the Prisoner Mr. Giles Have you been in some Battel Have you been fighting with the Devil No said he for I never met with Arnold And that he did not hear his Wife bid him hold his Tongue Then John Howel Mr. William Richmond's Man deposed That he came to Town with Giles that Day about 12 and that he heard him call to his Master about 11 or 12 a Clock that Night Then Ann Beron being sworn she deposed That Giles was in her Company most part of that Day and that she was at Dinner with him and till 9 a Clock at Night when she left him in the Kitching and went to Bed Elizabeth Crook the Maid of the Inn she swore she made his Bed about 10 and before 11 asked him if she should take away his Candle He bid her lock the Door and he would put out his Candle but she went away and did not and left the Candle She denied that Mr. Richmond came to her or that she saw him till he refresh'd her Memory by remembring her how he courted her to make himself merry which then she acknowledged much to the credit of Mr. Richmond's Testimony and disparagement of her own Then one Edward James did swear That he drank with Giles at the King's-Arms in St. Martin's-Lane from 9 to 12 at Night and then left him in the Kitchen the same Night the Maid had sworn otherwise just before him Then Robin Gibbon John Chadwick Eliz. Peter Powel and Roger How all swore they saw him about 9 but that was not material To these Witnesses the King's Counsel thought it needless to answer they being all either frivolous or contradictory Therefore Sir George Jefferies the Recorder summ'd up the Evidence and directed the Jury who withdrew and after about half an hours debate brought the Prisoner in Guilty Which done the Court adjourn'd till the Saturday following when the Recorder passed the Sentence of the Court upon him which was To stand from 12 to one in the Pillory one day at the place where the Fact was committed another day over against Greys-Inn in Holborn and another at the May-pole in the Strand with a Paper on his Hat signifying his Offence and then to pay to the King 500 l. and be committed in Execution till paid and then to find Sureties for his Good-Behaviour during Life The Trial of Elizabeth Cellier at the Old-Baily on Saturday Sept. 11 1680. THen and there the Defendant appeared upon an Information for Writing Printing and Publishing a scandalous Libel called Malice defeated c. to which she had pleaded Not Guilty The Jury were John Ainger Richard Boys John Stephens Thomas Phelps Gilbert Vrwin Edward Allanson Richard Living John Coggs Henry Hodgsden John Barnard Edward Low and James Southern To whom the Information being read Robert Dormer Esq opened the same and then Mr. John Penny depos'd that he bought that Book the Libel being shewn him of Mrs. Cellier who own'd it for hers and said she could if there were occasion put a great deal more in Mr. William Downing deposed that he printed part of that Book by her direction to fol. 22. and then the Messenger found it and some body else printed the rest Mr. Robert Stephens depos'd that he saw the Book a printing at Mr. Downings and heard Mrs. Cellier own it for hers and say that she kept a Man in the House to write it and she dictated to him and that he saw her sell several of them Then Mr. Matthias Fowler deposed that he bought two of them Books of Mrs. Cellier for 4 s. hearing that his Name was mention'd therein tho very falsly as he had made Oath before the Lord Mayor all that he knew being only this That on the Tuesday seven-night after the Murder of Sir Edmondbury Godfrey one Corral a Coachman waiting to carry some Gentlemen that were in his House begg'd a Pipe of Tobacco of his Wife in the Bar Ay said she thou lookst like an honest Fellow and I believe thou hast no hand in the Plot a casual word that was passant at that time thereupon he began to tell her how he had escaped that danger for that four met him against St. Clemens Church-wall and swore he should stand and do as they would have him when he saw Sir Edm. Godfrey's Body in a Sedan whom he sham'd upon and told them he could not carry him for that the Axle-Tree of his Coach was broke That this he over-heard and came out which the Fellow repeated over again to him but then perceiving he had been too lavish in his Discourse he run out in haste pretending to see whether the Seats of his Coach were not stolen out whom he followed and found him driving away tho he had left his Whip behind He took the number of his Coach which the next day giving to Captain Richardson he secured the Man and he was brought with him to Wallingford-house and examin'd by the Duke of Buckingham the Earl of Shaftsbury the Marquess of Winchester two other Lords and Major Wildman where he confessed the whole matter that he said so at his House but would have sham'd it off himself that he only heard it from others and being nothing could be got out of him he was reordered to Newgate where he continued several Months but that he never was with him there as the Libel charged him Whereupon the Libel was then produced and the several Clauses recited in the Indictment were read which were to this purpose It was intituled Malice defeated or a brief Relation of the Accusation and Deliverance of Elizabeth Cellier wherein her Proceedings both before and during her Confinement are particularly related and the Mystery of the Meal-Tub fully discovered together with an Abstract of her Arraignment and Trial. Written by her self for the Satisfaction of all Lovers of undisguised Truth In the Book she gives an Account how she turn'd from Protestanism to Popery upon the occasion of King Charles I. Murther ascribing the Preservation of King Charles II. at Worcester wholly to the Papists and from her Observation of the chiefest Sticklers for the Plot being those or the Sons of those that acted the principal Parts in the last Tragedy she doubted of its Truth and therefore thought it her Duty through all sorts of hazards to relieve the poor imprisoned Catholicks which she had done some Months before ever she saw the Countess of Powis c. That on Thursday Jan. 9 1678 she being in Newgate with five Women of which three were Protestants about four in the Afternoon they all heard terrible Groans and Squeeks which came out
Ireland and the other Conspirators were produced and the Convictions of Reading Lane Knox and others were delivered in And the Record of the Attainder of Coleman was read in Latin by the Clerk Which concluding the Evidences in general of the Plot the Court thought fit not to enter upon particular Evidences against the Prisoner till another day Whereupon the Lord High Steward adjoun'd the Lords into the House of Lords and the Commons returned to their House where Mr. Speaker reassuming the Chair the House adjourned to Eight of the Clock the next Morning The Second Day Wednesday Decemb. 1. 1680 about 10 of the Clock the Court being sat and the Prisonet appearing Mr. Dugdale being sworn again appeared to Evidence as to the Particulars against the Lord Stafford who accordingly deposed That he had been some Years acquainted with the Lord Staffordy while he was a Servant to the Lord Aston That in August or September 1678 there was a Consult at the Lord Aston's at Tixal at which the Lord Stafford was and with the rest did consent to a Resolve That it was the best way to take away the Life of the King as the speediest Means to introduce Popery That on a Sunday Morning the Lord Stafford coming to the Lord Aston's to hear Mass as he alight off his Horse he said to the Witness It was a sad thing they could not say their Prayers but in an hidden manner but e're long they should have the Romish Religion established That about Septemb. 20 or 21 the Lord Stafford sent for him to his Chamber and proffer'd him 500 l. to be concern'd in taking away the Life of the King wherein he said he was concern'd himself and that he should go in October to London with him and be under the Care of him and Mr. Ireland in London and in the Country of one Mr. Parson's that knew of the Design And that he should have a Reward in London and he understood that the Duke of York the Lord Arundel Lord Bellasis and others were to give it him and that he should have his Pardon from the Pope and be Sainted That also he saw a Letter from the Lord Stafford to Mr. Ewers expressing that things went all well beyond-Sea and so he hoped they did here for the carrying on of their Design Then Dr. Oates being also sworn again deposed That he had seen several Letters in Spain and at St. Omers singned Stafford wherein were assurances of his Zeal for the promoting of Popery in England That in June 1678 he saw the Lord Stafford at Fenwick's Lodging receive a Commission as he believes to be Pay-master General to the Army which promised to effect and going then into the Country he said he did not doubt but at his return Grove should do the Business And speaking of the King he said there He had deceived them a great while and they could bear no longer But the Lord Stafford denied that he either knew Fenwick or Oates After him Mr. Edward Turbervile deposed That he being under some displeasure with his Relations for not entring himself of the Society he betook himself to his Brother a Benedictine Monk in France where staying a while and refusing to be admitted into that Society also her resolved for England and to that end was recommended to the Acquaintance of the Lord Stafford then at Paris who after some time understanding his Condition and imagining him a fit Instrument he proposed to him a way whereby as he said he might not only retrieve his Reputation with his Relations but also make himself a very happy Man And after having obliged him to Secresy he told him in direct terms it was to take away the Life of the King of England who was an Heretick and consequently a Rebel against God Almighty But he desiring time to consider it avoided the seeing my Lord any more and so came to London and by Applications to the Duke of Monmouth he got into the French Service This was in Novemb. 1675. My Lord then charg'd him with running from his Colours and therefore unfit for such a Service and that he never saw him before And here the Evidence ceasing the Lord Stafford began his Defence complaining of his close Imprisonment for two Years and of his abhorrence of those two great Sins Treason and Murder owning and condemning the Gunpowder Plot and the King-killing Doctrine protesting his own Loyalty and Innocency Not doubting to prove these Witnesses perjured and therefore requesting the use of the Lord's Journal-Book and the Depositions of Dugdale Oates and Turbervile without which he could not make his Defence Hereupon arose some Debate in the Court after which the Lords withdrew and after an hour and an halfs space returned and then the Lord High Steward did tell the Lord Stafford that what-ever Evidence there is before the Court of Peers he was to have but for the others they could not help him thereto and in regard he had complained of his Faintness the Lords intended not to put him upon it to go on to make his Defence but would give him time till to Morrow For which the Lord Stafford thanked the Lords but insisted to request moreover the Depositions of Dugdale but he was told they were in the Journal-Book which he was allowed the use of Then the Prisoner desired he might not appear till ten of the Clock next day because he wanted Sleep writing late or that one days respite might be allowed him which the Lord High Steward seemed inclinable for but was opposed by the Managers for the Commons then Court adjourned into the Parliament-Chamber and the Commons went to their House to whom the Lords soon after sent a Message That they had ordered the Prisoner to the Bar at Ten of the Clock next Morning And then the Commons adjourned so Eight the next Morning The Third Day THursday Decemb. 2. 1680. at Ten the Court being sate the Prisoner was set to Bar and required to go on with his Defence For which end he called Turbervile and asked him when he last saw him who said in Novemb 1675. Whence he made his Plea that he was not within the time limited for prosecution but was informed of his Mastake lesser Crimes being limited to six Months but Treason to no time at all Then Dugdale being called again was by him charged That He had sworn at Sir George Wakeman's Trial that he the Lord Stafford was at a Consult at Tixal in August 1678 and proved it by the Testimony of the Lady Marchioness of Winchester and one Mrs. Howard who affirm'd they heard him though Dugdale denied it and then proved that he was all that Month at the Bath and at the Marquess of Worcester's House by Thomas Bonny Clerk of the Kitchen to the Lord Marquess of Worcester Thomas White his Coachman Richard Bevan his Groom and the Lord Marquess himself and that he came not to Tixal till Septemb. 12. and then had no Converse alone with Dugdale
Army joyn together but to go back and engage those that were already come together which was the reason they did not go over the Bridge Mr. Richard Goodenough deposed that he was beyond Sea with the Duke of Monmouth and that Jones was sent among other Persons to the Lord Delamere to give him notice to be ready and take care he was not seized in Town and that he heard the Duke say that he hoped my Lord Delamere would not break his Promise with him Jones deposed that he went into Holland the latter end of April last and by him Mr. Disney sent a Message to the Duke of Monmouth to desire him to keep to the last Conclusion which he would find in a Letter sent to him by the Crop-hair'd Merchant which Message was 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 Message he deliver'd to the Duke at Amsterdam which put him into a great Passion saying this was Wildman's work who was a Villain and that it was too late to send a Message now for he was resolved for England and Wildman should hang with him or fight for it with him and that he should not think to tye up his Hands by tying up his own Purse Sending another Message by him when he returned for England which was May 22d to Capt. Matthews or major Wildman to desire them to acquaint the Earl of Macclesfield the Lord Brandon and Lord Delamere with his Design of coming for England and that they should repair to their Posts to be ready for him delivering to him a Writing sealed up which he was not to open till he came to Sea which when he opened he found it contained a Signification of the Place wherein was to land and where he was to rendezvous which was Taunton and who were the Persons that were to have notice of it among whose Names was the Lord Delamere's That when he came to London which was May 27th he could meet with neither Capt. Matthews nor Major Wildman who were out of Town and therefore he acquainted Mr. Disney with his errand who promised to take care that it should be delivered Story who was Commissary General under the Duke of Monmouth deposed that on May 28th one Brand told him that the day before Jones was returned out of Holland with a Message to Capt. Matthews but he being absent Disney received it and discoursed that Evening with the Lord Delamere and that my Lord went out of Town that Night with 2 Friends that convey'd him by a By-way through Enfield Chase towards Hatfield That this Brand was kill'd at Keinsham Bridg. That at Shepton Mallot he heard the Duke of Monmouth say that his great Dependance was upon the Lord Delamere and his Friends in Cheshire but he fear'd they had failed him or betray'd him and that he could have been otherwise supply'd but that he had a Dependance upon them Vaux deposed That on May 26th the Lord Delamere sent for him to the Rummer in Queens-street and that the next Night he rid out of Town with him about 9 or 10 a clock at Night and got to Hoddesden about 12 and the next day he brought him to Hitchen and so came back again That my Lord went by the name of Brown and said he was going to see his Son that was sick in the Country Mr. Edlin deposed that on May 27th Mr. Vaux asked him if he would ride with him as far as Hitchen which he promised to do and they set out about 9 that Night and went to Hoddesden one Mr. Brown being in their Company whom he had never seen before but now knew to be my Lord Delamere who told them he was going to see a Sick Child Mr. Panceford depos'd that he was at Mr. Disney's on June 14th last where the Duke of Monmouth's Declarations were a Printing for printing whereof Disney had been Executed and one Joshua Lock was there waiting for some which he said he was to send into Cheshire to one Mr. Brown which he understood to be the Lord Delamere having heard Mr. Disney call him by that Name and Mr. Edlin having told him how he went by that Name when he rid with him to Hitchen But also he had heard that Mr. Vermuyden went also by that name of Brown Mr. Babington deposed that in their Consultations there were Discourses of my Lord Delamere under the name of Brown and once at a Tavern about the latter end of May last when my Lord Delamere was named by one in the Company he was presently catch'd up for it and replied to You mean Mr. Brown That being also at Disney's while the Declarations were a Printing he heard one say a great many of them were to be sent into Cheshire to my Lord Delamere under the name of Brown Mr. Hope Master of the Three-Tuns in Coventry deposed that the Lord Delamere came Post to his House he believed 5 times from the Sunday Sev'night before the Coronation to June 21 following Then Thomas Saxon deposed that on June the 3d or 4th he was sent for by a Man that had but one Hand to my Lord Delamere's House Mere in Cheshire where he came when it began to be dark and was conveyed by the Man that fetch'd him into a lower Room where were my Lord Delamere Sir Robert Cotton and Mr. Crew Offley and they told him that he had been recommended to them by the Lord Brandon who had said he was an honest useful Man and they hoped he would prove so For they had sent to the D. of Monmouth who was in Holland and received an Answer by one Jones which as soon as they had my Lord Delamere came away Post into the Country under another Name and by being conveyed through Moorfields came down to raise 10000 Men for the Duke in Cheshire by June 1. But now they had considered of it and found they could not raise them till Midsummer for that they must have time to raise 40000 l. in that Country to maintain the Men. That they asked him if he would undertake to carry a Message to the Duke that he said he would Whereupon the Lord Delamere gave him 11 Guinies and 5 pound in silver for his Journy After which he hired him an Horse and did deliver the Message That he never had any Concern before with the Ld. Delamere but that the Lord Brandon told him that they must make use of such as he to inform the Country of the time of Rising his acquaintance abounding that way being a publick Trades-man in Middlewich Here the Evidence for the King ceasing the Prisoner was called upon to make his Defence But it beginning to be late the Prisoner begg'd the Court might be Adjourned till the morrow But the Lord H. Steward doubted it could not be done by Law this not being a Trial in full Parliament
AN EXACT ABRIDGMENT Of all the TRIALS Not omitting any Material PASSAGE therein which have been published since the Year 1678 Relating to the Popish and pretended Protestant-Plots In the Reigns of King Charles the 2d and King James the 2d LONDON Printed by J. D. for Awnsham Churchill at the Black-Swan in Avy-Mary Lane MDCXC To the Right Honourable HENRY LORD BOOTH Baron DE LA MER of Dunham-Massy Lord Lieutenant of the County-Palatine of Chester one of the Lords of the Treasury and one of his Majesty's most Honourable Privy-Council My Lord THat I presume to present this Abstract to your Honour the just Interest your Lordship hath both in it and its Author is sufficient Apology It must never be forgot what good Service Your Trial though Your own extraordinary Prudence and couragious management thereof did to the Publick in stopping that Sluce of Blood which had unjustly been then opened with a Design which had well-nigh effected to suffocate our Laws and feed their Tyrannical Arbitrary Power For 't is evident the Fanatick Plot then like them that made it afterward disserted the Stage and though your Honour 's undaunted Appearance and powerful Aid have never since as 't is hoped they never will dare to appear amongst us the unavoidable Mischief whence otherwise would have followed most Men now are wise enough to apprehend Your Lordship's Vertues indeed have always from a very early beginning rendred You a no less real Friend to your Country than a formidable Enemy to the mightiest of its Opposers And Your generous Courage hath embolden'd You to express it even with the greatest Hazard in the worst of Times You have done and suffered much I 'me sure Your share for the Publick and your Lordship's last generous Essay hath now made all Men very sensible of it so that your Honour's Fame needs not the Aid of my Breath to blow it further Abroad Only I must crave your Lordships leave to say that I am proud of this Occasion to tender your Honour even so small a Testimony of real Gratitude from one who is a Member of a Family that hath been honour'd with a long and uninterrupted Friendship of Yours not only in Your Father's Time but in Your Lordship 's since May Your Honour go on to dazle and outshine all your Enemies in faithfully serving the best of Princes and the most ungrateful of Nations May Almighty God long preserve your Person and Vertuous Family in Grace Health and Prosperity And may this your Trial be the last that ever may entitle You to the Patronage of the like Abstraction is the sincere Prayer of My Lord Your Honours most Humble and Faithful Servant P. N. TO THE READER AS in these ten or eleven Years last past have happened as wonderful Passages within this our Island as ever History mention'd so are the Records thereof surely very valuable to the considering part of Mankind A Collection whereof thou art here presented with in a Volume that will spare thee both in thy Purse and Time without defrauding thee of the least drachm of any material Information Here thou hast the substance of Forty nine Trials consisting of near seven hundred Sheets of Paper and which bought singly as they were published cost five Pounds or more and which now would be difficult to collect at almost any price carefully reduced comparatively to a small Bulk and Price yet so as to preserve a perfect remembrance of Things and Persons any way materially concerned therein As herein was designed nothing of Reflection so must thou expect only an Abstraction And for the Compleatness and Sufficiency of this I submit to thy Censure after thou hast read what follows I say nothing of the usefulness thereof because none can have so little Concern for the Knowledg and Remembrance of past Transactions as not to be aware of it If it be well done I am sure it cannot be ill took A CATALOGUE of the following TRIALS Abridg'd 1678. The Trials of 1. WIlliam Staley Pag. 1 2. Edward Coleman Pag. 5 3. William Ireland Thomas Pickering and John Grove Pag. 13 4. Robert Green Henry Berry and Lawrence Hill Pag. 19 5. Nathaniel Thompson William Pain and John Farrell Pag. 31 1679. The Trials of 6. Nathaniel Reading Pag. 42 7. Thomas Whitebread William Harcourt John Fenwick John Gavan and Anthony Turner Pag. 50 8. Richard Langhorn Pag. 62 9. Sir George Wakeman William Marshal William Rumley and James Corker Pag. 71 10 Andrew Brommich William Atkins and Charles Kern Pag. 80 11 Thomas Knox and John Lane Pag. 85 12 Lionel Anderson William Russel Charles Parry Henry Starkey James Corker Will. Marshal and Alexand. Lumbsden Pag. 98 13 Sir Thomas Gascoyne Pag. 101 1680. The Trials of 14 Henry Care Pag. 112 15 Elizabeth Cellier Pag. 115 16 Roger Earl of Castlemain Pag. 118 17 John Giles Pag. 123 18 Elizabeth Cellier Pag. 131 19 Thomas Twing and Mary Pressicks Pag. 139 20 William Viscount Stufford Pag. 145 1681. The Trials of 21 Edward Fitz-Harris Pag. 190 22 Oliver Plunket Pag. 198 23 Sir Miles Stapleton Pag. 204 24 Georgt Busby Pag. 209 25 Stephen Colledge Pag. 214 26 Anthony Earl of Shaftsbury Pag. 243 27 Charles John Count Coningsmark Christopher Vratz John Stern and Charles George Borosky Pag. 255 1683. The Trials of 28 Thomas Pilkington Samuel Shute Henry Cornish Ford Lord Grey of Werk Sir Thomas Player Slingsby Bethel Francis Jenks John Deagle Richard Freeman Richard Goodenough Robert Key John Wickham Samuel Swinock and John Jekyll sen the pretended Rioters Pag. 266 29 Capt. Thomas Walcot Pag. 274 30 William Hone Pag. 289 31 William Lord Russel Pag. 292 32 John Rouse Pag. 303 33 Capt. William Blague Pag. 307 34 Col. Sidney Pag. 311 35 John Hambden Pag. 325 36 Lawrence Braddon and Hugh Speke Pag. 332 37 Sir Samuel Barnardiston Pag. 351 1684. The Trial of 38 Sir William Pritchard Plaintiff and Thomas Papillon Defendant Pag. 364 1685. The Trials of 39 Dr. Titus Oates Pag. 372 40 Dr. Titus Oates Pag. 384 41 William Ring Pag. 397 42 John Fernly Pag. 400 43 Elizabeth Gaunt Pag. 402 44 Henry Cornish Pag. 404 45 Henry Baron Delamere Pag. 404 45 Henry Baron Delamere Pag. 410 1686. The Trial of 46 Henry Lord Bishop of London Pag. 424 1687. The Trial of 47 William Ld. Arch Bp. of Canterbury William Ld. Bp. of St. Asaph Francis Ld. Bp. of Ely John Ld. Bp. of Chichester Thomas Ld. Bp. of Bath and Wells Thomas Ld. Bp. of Peterborough Jonathan Ld. Bp. of Bristol Pag. 434 The following Petition and Trials were omitted in the former Collection are now added in the Appendix Col. Sidney's Petition to K. Charles II. Pag. 1 The Trial of Charles Bateman Chirurgeon P. 2 The Trial of John Hambden Gent. P. 10 This may be printed ROB. MIDGLEY June 17. 1689. The Trial of William Stayley Goldsmith at the King's-Bench-Bar on Thursday Novemb. 21. 1678. HIS Indictment was for Treasonable Words against his most
he had not been quick enough in the Prosecution but had been too remiss and did threaten him that they would complain to the Parliament which was to sit the 21st of October following That about a week before he was missing he came to the Witness in a great fright and told him that several Popish Lords had threatned him and asked him what he had to do with it He said he went in fear of his Life by the Papists and that he had been dog'd several days Then Thomas Robinson Esq chief Prothonotary of the Court of Court of Common-Pleas and a Justice of the Peace for Middlesex and Westminster did depose that discoursing Sir Edmondbury about the Examinations he had taken about his Plot he said to him that he should have but little Thanks for his Pains that he did it very unwillingly and would fain have had it done by others And that he did believe upon his Conscience he should be the first Martyr Then Mr. Prance deposed that about two or three Weeks before Sir Edmondbury's Murder He Girald Green and Kelly met several times at the Plow Ale-House by the Water-side where Girald and Kelly inticed the Witness saying Sir Edmondbury Godfrey was a busie Man and had done and would do a great deal of Mischief and it was a piece of Charity and no Sin to kill him That they had dog'd him into Red-Lion Fields but had not an opportunity to kill him That Hill Girald and Green had dog'd him all Saturday October 12. last from his first going out Hill having first spoke with him upon some pretended story at his own House whereof Kelly gave the Witness notice at night they lodg'd him in a House at St. Clements and about seven a Clock Green call'd the Witness out of his own House in Princes-street to Semerset-House that about eight or nine a Clock Hill came before up the street and gave them notice to be ready and then stay'd at the Gate till Sir Edm. Godfrey came by and then told him there were two Men a quarrelling and desired him to come and try whether he could pacify them he was very unwilling but being intreated he went down till he came to the bottom of the Rails and then Green twisted his Handkerchief and threw it about his Neck and threw him behind the Rails and there throtled him and punched him and Girald a Priest as also was Kelly would have thrust his Sword through him but the rest would not permit him for fear it should discover them by the Blood That about a quarter of an Hour after the Witness came down and found he was not quite dead and then Green wrung his Neck quite round that he watch'd the Water-Gate and Berry the Stairs while the Murder was a doing but these Circumstances they all told him afterwards That when he came to them there was Hill Green Girald and Kelly about the Body and Berry came to them from the Stairs and they six help'd to carry the Body into Hill's Chamber in Dr. Godwin's House where it lay till Monday night something being thrown over it and then it was removed into Somerset-House and Hill shew'd it him with a Dark-Lanthorn Girald Hill and Kelly being then in the Room On Tuesday Night it was removed back again towards Hill's Chamber but somebody being there they lay'd it in a Room just over against supposed to belong to Sir John Arundel's Lodgings There it lay till Wednesday Night about nine a Clock when they removed it into the Room where it first lay and the Witness coming just as they were removing it they were affrighted and run away but he speaking Berry came back again and got the Body up into the Room and about twelve a Clock they carried it away in a Sedan which Hill brought that the Witness and Girald carry'd the Sedan Green and Kelly going before and Berry opening the Gate at an Hem that they carry'd him into Covent-Garden and then Green and Kelly to Long-Acre and then they again to Soe-hoe Church where Hill met them with an Horse on which they set the Body astride forcing open his Legs and Hill held him up and so leaving the Sedan in one of the new Houses there till they came back again Green Hill Girald and Kelly went away with him and as they told the Witness next morning they having run him through with his own Sword threw him into a Ditch and laid his Gloves and other things upon the Bank That Girald and Vernat did speak of a great Reward to be given for this from the Lord Bellasis That Girald was resolved to kill him that Night and if he could not otherwise he would kill him with his own Sword in the Street that leads to his own House That afterwards He and Girald and Vernat and one Luson Priests did dine at one Casshes at the Queens-Head at Bow having a Barrel of Oysters and a dish of Fish which he bought himself That Mr. Vernat sent a Note by a Cobler for one Mr. Dethick who presently came to them and then they all read the Writing of the Murder and were very merry but the Witness hearing the Door a little rustle went and catch'd a Drawer listning whom he told he could find in his Heart to kick down Stairs and so sent him away That this Vernat was to have been one at the Murder but something happen'd he could not That this Witness never knew Mr. Bedloe deposed That in the beginning of October last he was several times treated with by Le Faire Prichard Kains and several other Priests about murthering of a Gentleman refusing to tell him who it was promising 4000 l. and some to assist him in it Afterwards that he was commanded by them to insinuate himself into the Acquaintance of Sir Edmondbury Godfrey which he did by pretending to come for Warrants for the good Behaviour That the day before he was murder'd he sent his Boy to Sir Edm. Godfrey to invite him to the Tavern where were Prichard Le Faire Welch Kaines another 5 Jesuits that they also might have insinuated themselves into his Acquaintance but he was not at home That the next day Le Faire told him that there was a considerable Gentleman to be put out of the way that night who had all the Informations of Dr. Oates and Dr. Tongue and if he should not be put out of the way and those Papers took from him the Business would be so obstructed that they would not be able to effect it till another Age. The Witness then told him that according to his Promise he would assist and was appointed to meet him that Night in the Cloysters at Somerset-House And asking where the Reward was Le Faire told him that no worse a Man was engaged for it than the Lord Bellasis and Mr. Coleman had order to pay it That the Witness seeing Le Faire again on Monday night he was charged by him with his breach of Promise but excused
of the Dungeon called the condemned Hole She asked Harris the Turn-key what doleful Cry it was who said it was a Woman in Labour she desired they might go to her and help her but he drove them away rudely but listning they soon found it was the Voice of a strong Man in Torture and heard as they thought between his Groans the winding up of some Engine These Cries stopt the Passengers under the Gate and they six went to a Turners Shop without the Gate and stood there amazed when one of the Officers of the Prison came out in great haste seeming to run from the Noise whom catching hold of they asked him what the Noise meant and whether it was not Prance upon the Rack he said he durst not tell them but was not able to hear any longer running away towards Holborn as fast as he could They heard these Groans perfectly to the end of the Old-Baily and they continued till near seven and then a Person in the Habit of a Minister of middle Stature Grey-hair'd accompanied with two other Men went into the Lodg The Prisoners were lock'd up and the outward Door of the Lodg also at which she set a Person to stand and observe what she could and a Prisoner loaded with Irons was brought into the Lodg and examined a long time and the Prisoners that came down as low as they could heard the Person examined with great Vehemency say often I know nothing of it I am innocent he forced me to be-lie my self What would you have me say Will you murder me because I will not be-lie my self and others The Prisoners heard again the same Cry about four of the Clock the next Morning and on Saturday-Morning again and that Morning a Person emplyed to spy seeing the Turn-key carry a Bed into the Dungeon asked who it was for he told her it was for Prance who was gone mad and had torn his Bed in pieces That Night the Examiners came again and after an hours Conference Prance was led away to the Press-yard Soon after this Francis Corral a Coach-Man that had been put into Newgate upon suspicion of carrying away Sir Edmond-bury Godfrey's Body and lay there thirteen weeks and three days in great Misery got out whom she went to see and found him a sad Spectacle having the Flesh worn away and great holes in both his Legs by the weight of his Irons and having been chained so long double that he could not stand upright who told her of his hard usage how he had been squeez'd and hasped into a thing like a Trough in a Dungeon under ground insomuch that he swoonded and that a Person in the Habit of a Minister stood by all the while That a Duke beat him pull'd him by the Hair and set his drawn Sword to his Breast three times and swore he would run him through and another great Lord laid down an heap of Gold and told him it was 500 l. and that he should have it all and be taken into the aforesaid Dukes House if he would confess what they would have him and one F. a Vintner at the Half-Moon in Cheapside by whose contrivance he was accused took him aside and bid him name some Person and say they imployed him to take up the dead Body in Somerset-yard and gave him Mony for so doing that if he would do this both F. and he should have Mony enough And he also told her that he was kept from Thursday till Sunday without Victuals or Drink having his Hands every Night chained behind him and being all his time lock'd to a Staple driven into the Floor with a Chain not above a Yard long that he was forced to drink his own Water and the Jaylor beat his Wife because she brought Victuals and pray'd he might have it In another place of the Libel were these words read My Arraignment which in confidence of my own Innocency I continually pressed for not but that I knew the danger as to this Life of encountring the Devil in the worst of his Instruments which are Perjurors encouraged to that degree as that profligated Wretch Thomas Dangerfield was and has been since his being exposed to the World in his true Colours both at mine and anothers Trial. And in another place of the Libel Nor have I since received any thing towards my Losses or the least Civility from any of them whilst Dangerfield when made a Prisoner for apparent Recorded Rogueries was visited by and from Persons of considerable Quality with great Sums of Gold and Silver to encourage him in the new Villanies he had undertaken not against me alone but Persons in whose Safety all good Men as well Protestants as others in the three Kingdoms are concerned And in the Postscript are these words And whensoever his Majesty pleases to make it as safe and honourable as it is apparent it hath been gainful and meritorious to do the contrary there will not want Witnesses to testify the Truth of more than I have written and Persons that are above being made the Hangman's Hounds for weekly Pensions or any other Considerations whatsoever c. After thus much was read Mr. Baron Weston made some smart Reflections thereon and then Mr. Prance deposed that he was used very civily in Prison and never saw any thing of Torture while he was in Newgate and that Dr. Lloyd was with him many times and if any such thing had been he would have seen it Then Francis Coral was called but appeared not and Captain Richardson informed the Court that they had got him away but that his Wife was there who being sworn deposed that she was not suffer'd to see her Husband in Prison and that she heard that he was like to be starved and saw him with Irons on at length and afterwards holes in his Legs but deny'd that ever she was beat for bringing Victuals to him and the Lord Mayor Sir Robert Clayton declared that her Husband had denyed all upon Oath before him Then Mrs. Cellier called two or three Witnesses to prove that she sent about for her Witnesses in order to make her Defence but that they could not be had in so short time and therefore desired more time and desired the Court to confider she was but a Woman and that she had suffered much for his Majesty and begged therefore Mercy in Justice Then Mr. Baron Weston summ'd up the Evidence and the Jury returned her Guilty at which there was a great shout and so the Keeper carried her back to Newgate from whence on Monday Sept. 13. she was brought to the Bar and Mr. Recorder gave the Judgment of the Court which was that a 1000 l. Fine should be put upon her and she be committed in Execution till it be paid And that she should stand in the Pillory three several days in three several places between the hours of twelve and one The first place at the May-Pole in the Strand the second in Covent-Garden and
testified that he being to carry Mrs. Pressicks before Justice Lowther Bolron's Wife said she was sorry for it for she believed her to be an honest Woman and had been a good Neighbour amongst them Mary Walker Servant-maid to Mrs. Lassels Thwing's Sister testified that Bolron proffer'd her 10 l. to swear Thwing was a Priest Then William Bacchus said that when he served a Warrant on the two Mrs. Bolron's to go before Mr. Lowther they said they could say nothing against Six Tho. Gascoyne nor any of the Family Cuthbert Hamsworth said that fie heard Bolron swear Revenge against the Lady Tempest for prosecuting a Suit against him Then the Prisoner endeavoured to prove he was not at Barnborow-hall in 1677. by George Twisley Groom to Sir Tho. Gascoyne who could only say that he used to come there but a night or two in a Year Joseph Cooper said that about a Year ago he heard Mowbray say he knew nothing of the Plot and that he believed Sir Tho. Gascoyne was guilty of no such thing for if he had he should have known it as soon as Bolron and he was a Rogue and a Knave for saying any such thing Edward Cooper sen said he then heard Mowbray say he thought Sir Thomas Gascoyne was not guilty of the Plot. Isabel Heyward a Girle that lived with Bolron as a Servant testified that her Master and Mistrifs falling out she said she would not go to London and if he made her go she would swear that what he had sworn against Mrs. Pressicks was out of Malice Alice Dawson testified that the day after New-years-day was twelve-month Mrs. Bolron said she was sorry for nothing but that her Husband had meddled with Mrs. Tressicks One or two Witnesses more were called but nothing to the purpose Therefore Mr. Justice Dolben summ'd up the Evidence and Mr. Baron Atkins proceeded to do the same And the Jury withdrawing for a while brought in Thomas Thwing Guilty and Mary Pressicks not Guilty And on the Monday following Mr. Justice Dolben sentenced him to be Drawn Hang'd and Quarter'd The Trials of William Viscount Stafford in Westminster-hall from November the 30th to December the 7th 1680. before the House of Peers ON Tuesday Nov. the 30th the Right Honourable Henege Lord Finch Baton of Daventry Lord High Chancellor of England being constituted Lord High Steward for the present occasion and all things fitted for the purpose in VVestminster-hall and both Houses being seated and the Commons all bare VVilliam Viscount Stafford was brought to the Bar kneeling till the Lord High Steward bid him rise and a Chair set for him After which making a short Speech to him concerning the occasion of his appearing there the Articles of Impeachment High Treason against him and the other Lords in the Tower by the Commons of England were read which consisted of seven Heads The 1st That there hath for many Years a Plot been contrived c. 2ly Naming the Persons concerned therein and particularly the Noble Lord at the Bar. 3ly That consults had been held and the Murder of the King resolved on therein c. 4ly That consultations have been for the raising of Men Mony Arms c. 5ly That Commissions had been given and received and particularly a Commission for the Lord Stafford to be Pay-master of the Army 6ly That to hide and hinder a Discovery an Oath of Secresy and the Sacrament had been given and taken and Sir Edm. Godfrey murdered 7ly That the Guilt of that Murder was endeavoured to be put upon Protestants c. The Lord Stafford's Answer to which was then also read wherein he put himself upon his Peers for Trial affirming himself Not Guilty After this Serjeant Maynard Sir Francis VVinnington and Mr. Treby being of the Committee appointed for the Management of the Evidence opened the Charge and Evidence in very excellent Speeches And proposed to prove first the Plot in general and the Guilt of this Lord therein in particular And therefore as to the first Mr. Smith being sworn gave a full relation of his Travels and Perversion and of what he had heard beyond Sea and in England concerning this Plot. How Abbot Montague and Father Gascoyne in France and other Priests and Jesuits told him that if he would turn Catholick he should have Employment among them there and afterwards England for that they doubted not but the Popish Religion would come in very soon and that because as the Abbot said they doubted not to procure a Toleration of Religion and because the Gentry that went abroad did observe the Novelty of their own Religion and the Antiquity of theirs and the Advantages that were to be had by it But one Father Bennet and others said they doubted it not because their party was very strong in England and in a few Years they would bring it in right or wrong That it was Cardinal Crimaldi who perverted him about 1671 to the Romish Religion at Provence and that afterwards he lived several Years in the English Jesuits Colledg at Rome where he hath often heard it disputed and preached and exhorted that the King of England was an Heretick and that there was no King really reigning and whoever took him out of the way would do a meritorious Action particularly by Father Anderton Mumford Campion but chiefly Southwel one of the chief of the Jesuits That when he came away thence for England these Fathers for a whole Month were exhorting that the King of England was not to be obeyed and that in all private Confessions all Persons who might be thought capable of any design were to be instructed that they should use all their Endeavours for promoting Popery That while he was at Rome he read Coleman's Letters of Intelligence once a Month and therein how the Duke and the Queen and the chief of the Nobility were of their side how they carried matters several times the ways the Lord Clifford and Sir VVilliam Godolphin did use to effect the work and that they question'd not to get the Lord Danby on their side too That when he return'd into England he found all the Popish Clergy in great hopes of Popery coining shortly in That he knew of Money gathered in the North but refused to joyn therein That as to the Lord Stafford he knew nothing but that Sir Henry Calverley was turned out of Commission of the Peace through Complaint made to my Lord Stafford of his being active against Popery And that he writ to one Smith that he would not make over his Estate as others did for that he expected some sudden Change or Alteration That the Cardinal who perverted him at the same time spoke of great Assurances that Popery would prevail in England that there was but one in the way and tho that Man was a good natured Man yet they could not so far prevail upon him but that to accomplish their designs they must take him out of the way That now he had been a Protestant two
Dissolution of the Long Parliament He came to St. Omers December 9th or 10th N. S. and carried Letters from the Provincial and other Fathers wherein Strange told them he had great hopes of effecting their Design next Year but as yet they could not That they had Letters from their New Provincial VVhite-bread the same Year to order Conyers to preach on St. Thomas of Canterbury's day saying he would be as zealous for carrying on of their Design as his Predecessor had been In that Sermon Conyers after he had commended the Saint and declared how unworthily he was sacrificed did inveigh against the Tyranny as he called it of Temporal Prince and particularly of the King of England Declaring that the Oaths of Allegiance and Supremacy were Antichristian and Devilish and that it was fit to destroy all such as would countenance them In January they had Letters from Ireland of the Resolution of the Papists there to let in the French King provided the Parliament should urge the King to break with France and of their Zeal to vindicate their Freedom and their Religion from the oppression of the English as they called it In March Letters from England gave account That there had been a very shrewd Attempt made upon the Person of the King and that the flint of Pickering's Gun was loose and his Hand shaking the King did then escape for which Pickering received a Discipline and Grove a Chiding At the latter end of the same Months 1678 came a Summons to a Consutt to which eight or nine came over whereof the Witness was one It began at the VVhite-Horse Tavern where they consulted about some things of the Society and afterward adjourned into particular Societies where they did debate and resolve the Death of the King and that Grove should have 1500 l. for his pains and Pickering a Religious Man 30000 Masses Presently after he returns to St. Omers and after him the New Provincial who ordered him back again to England where he arrived at Dover June 14 meeting there with Fenwick with whom he came to London the 17th Letters arriving just after them wherein were Proposals to be made to Sir Geo. VVakeman for poisoning of the King and that the 10000 l. promised by the Spaniards and received accordingly at the time in London should be offered him Coleman thought it too little Langhorn too much saying he was a narrow-spirited Soul and that he ought to do so great a piece of Service for nothing There was 5000 l. of it paid him as he saw entred in the Books and Father Ashby in July renewed the Proposal of 15000 l. and Fenwick in August gave an account to the Provincial of it's being accepted of In July Strange coming to Town informed him in discourse how the City was fired and how many of those concerned in it were taken and that they were released by the Duke of York's Guard and that all the Order they had for it they pretended was from the Duke In July he discover'd to Dr. Tongue of which the King had Notice 13th or 14th of August and by the 3d of September he was betray'd and exposed to the Vengeance of the Papists whose Plot he had thus Discovered Then to fortify Dr. Oates's Evidence Mr. Dennis was called who deposed That he saw Dr. Oates at Vallidolid in Spain and related what Discourse they had together and how they came acquainted and how the Doctor lent him Mony to defray the Expence of his Journey and sent a Letter by him to Madrid which he heard read and related the Contents of it That he had both heard of and seen Mony collected in Ireland naming the Collectors thereof in the Year 1668 for the encouragement of the French King to bring in an Army thither acknowledging himself to be now a Dominican Fryer and a Papist Mr. Jennison being sworn deposed That in 1678 he had heard Mr. Ireland and Mr. Thomas Jennison his Brother both Jesuits speak of a Design to get a Toleration by bribing the then Parliament by a great Sum of Mony procured from their Party And of securing the Duke of York's Succession by getting Commissions to be granted out to the Papists to be ready to rise upon the Death of the King saying also their Religion could never flourish till the Government was altered to the French Model In June 1678 he heard Mr. Ireland say in his own Chamber That Popery was like to come into England and there was but one stood in the way that it was an easy thing to poison the King and that Sir George Wakeman might easily and opportunely do it In August after be also was at his Chamber and found Mr. Ireland newly come out of Staffordshire being then drawing off his Boots and discoursing of the suddenness of Popery coming into England he tempted the Witness to be one to go to Windsor to take off the King which he refusing Ireland asked him if he knew any Irish Men that were flout and couragious and upon his naming some he took their Names asking him for 20 l. which the Witness owed him saying he should need 80 l. That he had heard his Brother Thomas Jennison in Discourse use that Expression which Dr. Oates hath in his Narrative If C. R. would not be R. C. he should not be long R. C. Interpreting it thus in Latin Si Carolus Rex non esset Rex Catholicus non foret diu Carolus Rex Asserting further That if the King were excommunicated he were no longer King and it were no Sin to take him off and if it were discover'd who did it two or three might suffer but denying the Fact the Matter soon would be blown over That about two Months after the Mustering upon Hounslow-Heath about the latter end of July and before the Discovery his Brother told him of a Design in which the Queen and the Duke and several Lords were concerned and that a new Army would be raised to bring in Popery but he would not tell him more Particulars till he had received the Sacrament of Secresy He told him that one Mr. Oates also a Person newly come over to them was in this Design which Oates he saw the latter end of April or beginning of May in Mr. Ireland's Chamber About the time of Coleman's Trial he heard also one Mr. Cuffil a Jesuit say at his Sister Hall's in Berk-shire in Shinfield-Parish That he thought Mr. Coleman was infatuated upon the Discovery of the Plot to give notice to Harcourt Ireland and Fenwick and the other Jesuits to burn or secture their Papers and yet not to secure his own Then saying also that Bellarmine did draw this Sentence out of the Scripture to favour the Pope's Authority of Excommunicating Depriving and Deposing Temporal Princes Quod Papa habeat eandem potestatem super Reges quam Jehojads habuit super Athaliam and that there were other corroborating Testimonies among the Fathers for it After tins the Records of the Attainder of Coleman
nor could ever endure him reviling him as having been a poor Boy found at the Door then a Thresher then a Baily and now a Witness for the King To this end he acknowledged that he spoke to Dugdale on the 20th of September in his Chamber but not alone nor about any thing but a Race to be run that day on Etching-Hill which he proved by the Testimony of his own Servants Nicholas Furness a Dutch-man whose Blunder in his Evidence made the Auditory laugh and George Leigh He produced also Thomas Sawyer a Servant to the Lord Aston and Mr. Phillips Parson of Tixal as to the Reputatiof Dugdale who said little more to disparage him than that he ran away from the Lord Aston and was apprehended and would then have been own'd by my Lord as his Servant which was refused and Six Walter Bagot Mr. Thomas Kinnersley and Sir Thomas Whitgrave being the Justices before whom he was brought affirmed That then he took the Oaths of Allegiance c. and protested he knew nothing of the Plot. Then the Lord Stafford offered to prove further against Dugdale that he had offered Mony to some to swear falsly against his Lordship to this end William Robinson a Worcestershire-man affirmed That about Midsummer was twelve-month Dugdale offered him Mony in London to swear against the Lord Stafford and John Morral a Barber in Ridgley in Staffordshire that he proffer'd him 50 l. in Hand and 50 l. more when the thing was done to swear against Mr. Howard Sir James Symonds Mr. Herbert Aston and several others as concern'd in the Plot And Samuel Holt a Black-smith at Tixal that he proffered him 40 l. to swear that Walter Moor carried Ewers away Then the Lord Stafford proceeded to prove that Dugdale deposed at the Trial of the five Jesuits That he communicated the News of Sir E. Godfrey's Death which was on Saturday to Mr. Sambidge the Tuesday following which Mr. Sambidge denies That he so swore Mr. John-Lydcott a Fellow of King's-Colledg in Cambridg and one Charles Gifford who were present at that Trial and took Notes did testify And Mr. Sambidge denied that he heard of the News till Friday or Saturday or that he was at the Ale-house with Dugdale at all but that he was an ill Man and very abusive especially to the Clergy Then the Lord Stafford proceeded against Dr. Oates objecting against him That when he was examin'd before the Council having named many and not naming the Prisoner he said he had no more to accuse and for the proof of this he call'd Sir Philip Lloyd who remembred nothing of it and appealed to the Lords then present but none could speak to it till at length the Earl of Berkley did say That he remembred in the House of Lords when Dr. Oates was asked If he could accuse any other Person of what Quality soever Oates answered That he had no more in relation to England to accuse but in relation to Ireland he had which was after he had accused the Lord Stafford though before he had accused the Queen Then he called for Mr. Dugdale again and objected further against him That he did depose before Tho. Lane and J. Vernon two Justices in Staffordshire Decemb. 24. 1678. That presently after one Howard Almoner to the Queen went beyond-Seas he was told by Geo. Hobson Servant to the Lord Aston that there was a Design c. Whereas this Hobson was not a Servant to the Lord Aston of three Years after the Almoner went and yet here he says presently But Dugdale explained that his meaning was that Hobson told him there was a Design presently after the Almoner went c. Which was contested but at last submitted to Then Mr. Turbervile was called again and the Prisoner objected against him his deposing to the Year 1673 one day and to 1672 the next whence he concluded him to be necessarily perjured But Sir William Poultney who took his Affidavit related the whole Story which shewed him to be mistaken in the Year which he finding out that Night by a Paper he found came and corrected it himself the next Morning And whereas the Lord Stafford had charged him for a Coward and for running away from his Colours he produced his Discharge from his Captain which certified otherwise Then whereas Turbervile had before deposed that his Lordship was lame of the Gout when he waited upon him in France he declared he had not been lame these forty Years and never had the Gout in his Life and his two Servants Furness and Leigh testified the same for the time they had lived with him and who were with him then in France but denied that ever they saw Turbervile with him And whereas Turbervile deposed That he came to England by Calice he said he came by Diep and produced one Mr. Wyborne who testified the same together with his aforesaid two Servants Again whereas Turbervil deposed That when he came from Doway his Relations were angry with him and the Lord Powis and his Lady he affirmed that he was upon his return received courteously at the Lord Powis's House and by his Relations which was testified by John Minhead one that belonged to the Lord Powis and a French-Man And whereas Turbervile said he was disinherited his elder Brother by another Mother testified the kindness of his Relations towards him and that there was no Estate likely ever to come to him there being so many Heirs before him Finally whereas Turbervile also in his Affidavit had said the Lord Castlemain was at the Lord Powis's at such a time which must be either in the Years 1672 1673 or 1674 he called Mr. Lydcott again to testify he was not in Wales in any of those Years who by his Notes which he confessed he had transcribed out of another Book spoke very particularly to the times only the beginning of 1672 he could not tell how to account for nor did Turbervile ever say positively to a Year So the Lord Stafford being asked if he had any more Witnesses and answering he had three or four the Peers thought it too late to proceed and so adjourned into the Parliament-Chamber and the Commons went back to their House to whom the Lords sent a Message that they had ordered the Prisoner again to the Bar at Ten next Morning The Fourth Day FRiday Decemb. 3 1680. about Ten the Court being sat and the Prisoner at the Bar the Ld. High Steward reminding him how far he had gone and where he left off in his Defence desired him to go on Who called therefore John Porter Butler to the Lord Powis who said That about a Year ago in several places in London he heard Turbervil say that he believed neither the Lord Powis nor the rest of the Lords were in the Plot and the Witnesses that swore against him he believed were perjured and he could not believe any thing of it and that as he hoped for Salvation he knew nothing of it neither directly
nor indirectly and altho he was a little low at present and his Friends would not look on him yet he hoped God would never leave him so much as to let him swear against innocent Persons and forswear and damn himself Mr. John Yalden a young Barrister of Greys-Inn also affirmed that as he walked with Turbervil in February or March last in Greys-Inn-Walks he heard him say God damn me now there is no Trade good but that of a Discoverer but the Devil take the D. of York Monmouth Plot and all for I know nothing of it Afterwards Yalden being gone words passing between Turbervile and him they both complain'd of one another to the Court The Ld. Stafford then call'd for Oates again objecting against him his swearing before the Council that he saw in Spain Don John of Austria but the Lord Privy-Seal affirm'd that he only then said that he saw one whom he was told was that Person and that he did not know him of himself The Prisoner further objected that none of his Letters nor no Commission was produced that he knew neither Oates nor Fenwick nor ever saw Oates either at Fenwick's or Dr. Perrot's tho Oates instanced in a Circumstance at Dr. Perrot's how he offer'd him half a Crown to call Perrot home to him which he refused saying he was no Porter and that he was not to be look'd on as a credible Witness because he dissembled with God in as much as he deposed that he never was but seemingly a Papist Saying also that but last night he called the Lieutenant of the Tower Jaylor and Rascal which became not a Man of his Coat He charged then Dugdale again that he was a Prisoner for Debt in Stafford when he made his first Affidavit and Dugdale acknowledge'd he was then under the Serjeants hands He objected moreover Oates Poverty and that he said in a former Trial that he was 700 l. out of Purse Whereupon Dr. Oates confess'd his Poverty and offer'd to prove how he had disburss'd so much Mony relating how he had so much given him and got so much by printing some Copies And here the Prisoner ending his Defence the Managers offer'd before they summ'd up the Evidence to produce their Witnesses to fortify their Evidence and to discover what kind of Witnesses have been made use of against it and to falsify what the Prisoner's Witnesses have said in some Particulars And first of all Mr. William Hanson of Wilnal in Staffordshire deposed that he had seen Dugdale alone with the Prisoner in the Lord Aston's Parlour Then Mr. James Ansell of Heywood in Staffordshire deposed also that being of Tixal he saw the Prisoner and Dugdale walking alone together in the Court and that after the Plot was discovered that Dugdale was fearful of coming into Company That also he and Mr. Hanson was at Eld's the Ale-house Oct. 14. on Monday Morning and heard Mr. Dugdale tell of the Murther of a Justice of Peace of Westminster in the presence of Mr. Phillips and Mr. Sambidg who before have denied it and Hanson being called again deposed the same Mr. Birch also deposed that it was all about those parts by Tuesday and Wednesday Octob. 15 and 16. that a Justice of Peace of Middlesex was killed John Turton Esq deposed that he was told of the Rumor on Tuesday Octob. 15. and that it was Sir Edm. Godfrey that was murthered and as it was supposed by the Papists Then against the Testimony of William Robinson Mr. Booth a Member of the House of Commons deposed that he heard him in Cheshire talk the most atheistically as ever he heard any Man in his Life ridiculing the Sabbath it being on a Sunday and that from others he had heard how he went about the Country to cheat The Earl of Macclesfield deposed much to the same purpose and that he had heard him confess himself a Rogue and false Dice were found about him being before a Justice of Peace Against Samuel Holt another of the Prisoner's Witnesses Sampson Rawlins deposed that he was a Man of a very ill Report where he lived a lewd drunken Fellow and said to keep another Man's Wife and that he said none but Rogues would take Mr. Dugdale's part and be cause the Witness did so he would have murder'd him and that he broke the Lord Aston's Wine-Celler and my Lord bid Mr. Dugdale send him to Goal but he begg'd him his Pardon that he had known Mr. Dugdale this 14 or 15 Years in good Repute and an honest Man Thomas Launder deposed much to the same purpose against Holt adding that he was by a Consult of them at Tixal proffer'd Mony to have sworn Anselm a perjured Rogue at the Lord Aston's Trial. Against John Morrall Thomas Thorne deposed that he was a poor needy Fellow that wandred about the Country and but of an indifferent Reputation Then Simon VVright deposed that one Plessington had proffer'd him 700 l. to own himself perjured at Mrs. Price's Trial and to swear that Dugdale would have given him Money to swear against Sir James Simons and Mr. Gerard and they made him write Letters to this purpose this Plessington was the Lord Bellasis's Steward Then Elizabeth Eld deposed that she and her Sister help'd to burn Mr. Dugdale's Papers that Morning he went away from the Lord Aston's and one little Book he said had no Treason in it and needed not therefore to be burnt Why said the Witness is there Treason in any of the other Papers to which he only answered Do you think there is Ann Eld her Sister deposed also the very same things Then one Mr. Michael Noble deposed that he had help'd him to make up his Accounts and been with Mr. Dugdale at the Tower to account with the Lord Aston twice and one time the Lord Aston would not be spoke with and another time they spake with him with great difficulty but he would not produce the Book wherein Mr. Dugdale said the Discharges were Then Mr. Stephen Colledge deposed he was with Mr. Dugdale at the Tower when he went to make up his Accounts with him but they could not be admitted and that then he heard one of the Lord Aston's Men say that Mr. Dugdale was as honest a Gentleman as ever lived in their Family Then Mr. Nich. Boson who was with Mr. Dugdale at the same time with Mr. Noble and Mr. Colledge deposed to the same purpose Then for the Vindication of Dugdale's Credit Thomas Whitby Esq deposed that he had known Mr. Dugdale nine or ten Years in the Ld. Aston's Service and that he was his Steward and all the Servants under him and was entrusted with all his Estate and counted faithful to his Master's Interest only he hath heard some Tradesmen say that he hath put them off without Mony Then Mr. William Southall a Coroner of Staffordshire was sworn who testified to the Reputation of Dugdale having known him eight Years and gave a large account of his first Discovery of the
endeavours to have over-ruled without so much as hearing the Prisoners Counsel for the maintaining it for that they said it was nought because it produced no Record of his Impeachment and did not specify what the High-Treason was for which he was Impeached and that the King had Power to proceed on an Impeachment or Indictment for the same thing at his Election Nevertheless the Attorny General demurred and the Prisoner joined in the Demurrer And then after much arguing a Day was given to argue the Plea till Saturday May. 7. At which time the Attorny General added to the Exceptions he took to the Plea Whether a Suit in a Superior Court can take away the Jurisdiction of the Cause of the Person and of the Fact at the time of the Fact committed To maintain the Plea Mr. VVilliams of Counsel for the Prisoner in a very long and learned Discourse first spoke stating the Prisoner's Case upon the Indictment the Plea to the Indictment and the Demurrer to the Plea Alledging the Difference of an Impeachment from an Indictment and offering some Reasons why this Court ought not to proceed upon this Indictment Then answering distinctly Mr. Attorney's Exceptions to the Plea producing some Presidents of this Courts Prosecution being stop'd by Pleas to the Jurisdiction shewing what had been done upon those Pleas What Doom they had Laying before the Court the Right of the Commons to Impeach in Parliament the Judicature of the Lords to determine that Impeachment and the Method and Proceedings of Parliament submitting it to them how far they would lay their Hands on this Case thus circumstantiated Here the Ld. Ch. Justice declared That all these Things were quite foreign to the Case and the Matter in Hand only was Whether this Plea as thus pleaded was sufficient to protect the Prisoner from being questioned in this Court for the Treasonable Matter in the Indictment before them To which Mr. VVilliams reply'd That 't was an hard matter for the Bar to answer the Bench. After which Sir Francis Winnington pleaded That he conceived that it was confessed by the Demurrer that there is an Impeachment by the Commons of England of High-Treason against Fitz-Harris lodged in the House of Lords Secundum Legem consuetudinem Parliamenti And that the Treason for which he was impeached is the same Treason contained in the Indictment So that now the general Question was Whether an Impeachment for Treason by the House of Commons and still depending were a sufficient Matter to oust the Court from proceeding upon an Indictment for the same Offence Which he learnedly endeavoured to make good by several Reasons as well as Presidents Mr. Wallop pleaded next on the same side whose Province was to prove That the Treason in the Impeachment and in the Indictment was the same and that this was well averred in the Plea Mr. Pollexfen pleaded That a general Impeachment in Parliament was a good Impeachment and the Judges had declared so to the King and Council concerning the five Popish Lords who could not therefore be tried upon Indictments so long as general Impeachments were depending for the same Treason and that therefore this Plea was good both as to Matter and Form c. In reply to vitiate the Plea it was insisted on by Mr. Attorn Gen. Mr. Sol. Gen. Serj. Jefferies and Sir Francis VVithens of Counsel for the King that the Plea concluded not in the usual Form That perhaps this Matter if the Prisoner had been acquitted upon the Impeachment might have been pleaded in Bar to the Indictment but it was not pleadable to the Jurisdiction of the Court That in the Case of the five Lords the Indictments were removed into the House of Lords and that the Judges Opinion given at the Council-Board was not a Judicial Opinion nor did any way affect this Cause After which the Ld. Ch. Justice thought fit not to give present Judgment but to take time for Deliberation Whereupon the Prisoner was carried back to the Tower And on Tuesday May 10. Mr. Attorney moved the Court to appoint a Day for their Judgment on the Plea and for Fitz-Harris to be brought up which they appointed to be the next Morning Accordingly on Wednesday Morning May 11. the Prisoner being brought to the Bar the Ld. Ch. Justice deliver'd the Opinion of the Court upon Conference had with other Judges That his Brother Jones his Brother Raymond and himself were of Opinion that the Plea was insufficient his Brother Dolben not being resolved but doubting concerning it and therefore awarded the Prisoner should plead to the Indictment which he did Not Guilty and his Trial ordered to be the next Term. The Trial of Edward Fitz-Harris at the King's-Bench Bar at Westminster before the Lord Chief Justice Pemberton on Thursday June 9. 1681. THE Prisoner then and there appearing after several Challenges made for the King the Jury sworn were Thomas Johnson Lucy Knightly Edward Wilford Alexander Hosey Martin James John Viner William Withers William Cleave Thomas Goffe Ralph Farr Samuel Freebody John Lockier To whom the Indictment was read which was for High-Treason in conspiring the Death of the King and subversion of the Government the which Mr. Heath Serj. Maynard and Mr. Attorn Gen. opened And then Mr. Everard deposed How the Prisoner was with him on Monday Feb. 21. 1681. having a little before been with him to renew the Acquaintance which had been between them while they were both in the French King's Service and to perswade him to re-ingratiate himself into the French and Popish Interest and gave him by word of Mouth Heads to write a Pamphlet to scandalize the King raise Rebellion alienate the Hearts of the People and set them together by the Ears Whereupon he acquainted one Mr. Savile of Lincolns-Inn Mr. Crown Mr. Smith and Sir William Waller with it And the next day Mr. Fitz-Harris coming again to his Chamber in Grays-Inn he convey'd Mr. Smith into a Closet Sir William Waller failing to come where he both saw and heard the Prisoner ask him What he had done as to the Libel and give him further Instructions about what to write viz. That the King was Popishly Affected and Arbitrarily Inclined That King Charles the First had an Hand in the Irish Rebellion and King Charles the Second did countenance the same c. That the People should therefore be stirred up to rebel especially the City c. That the Day after he coming again he had convey'd Sir William Waller into the next Room where he also might both hear and see shewing him to Copies of what he had drawn up which he marked that he might know them again and see what alteration would be made That Fitz-Harris did them read one of the Copies and amended it adding some things and striking out other things saying The Libel was to be presented to the French Ambassador's Confessor and he was to present it to the French Ambassador and that it was to beget a
and he should have a Pardon and that if the King did deny it as he durst not they would rise upon him and force him After him Bernard Dennis being sworn gave some account of his first coming into England and how he began his Acquaintance with the Earl of Shaftsbury and was recommended by him understanding him to be a Clergy-Man to Dr. Burnet and afterward to Mr. Ferguson in order to the bringing him over and how my Lord proffer'd him a Benefice And that one time being with him my Lord asked him How many there might be of his Name in his Country and told him that he would have him to advise those of his Name and Friends to be in a readiness when-ever occasion shall serve to stand by and assist the Common-Wealth of England for that they did really intend to have England under a Common-Wealth and would extirpate the King and all his Family as near as they could And said he admir'd at the Irish Nation to be such Fools for that it was very certain that King James Queen Elizabeth King Charles the First and the King that now is does wrong them to very Destruction But that a Common-Wealth would take more pity of them than any do now in this time wherein the King governs Here the King's Evidence ceasing the Jury enquired upon what Statute the Indictment was grounded and whether any of these Witnesses stood indicted To which the Court returning a satisfactory Answer they withdrew and the Court adjourned till three of the Clock When being sat again the Witnesses were all called one by one and examined by the Jury concerning what they had severally deposed Wherein nothing was remarkable but what they examin'd Mr. Secretary Jenkins Whether he heard not a Debate in the House of Commons about an Association And that Booth acknowledged himself to be in Orders tho now not Beneficed Turbervile and John Macnamarra that though they signed the Petition to the Common-Council for some Maintenance and that they were tempted to revoke their Evidence yet never read it nor knew what was in it And that Haynes further said That he heard the Lord Shaftsbury say at a Pastry-Cook's Shop in Iron-Monger Lane that the King had no more Religion than an Horse That when he came came first to England he was inclined to Popery but since he was degenerated from all the Principles of Christianity being just like a perfect Beast The Witnesses being examined the Jury withdrew and took the Statute-Book with them and returned the Bill Ignoramus Upon which the People fell a Hollowing and Shouting which Mr. Attorn Gen. desired might be recorded The Trial of Charles John Count Conningsmark Christopher Vratz Captain John Stern Lieutenant and Charles George Borosky alias Boratzi before the Lord Chief Justice Pemberton At the Old-Baily on Tuesday February the 28th 1681. THE Prisoners then and there appearing were Arraigned for the barbarous Murder of Thomas Thynn Esq And being Foreigners Mr. Vandore and Sir Nathaniel Johnson were sworn Interpreters They pleaded Not Guilty and desired their Jury might consist of half Foreigners which was granted And the Count desired his Trial might be put off a day or two and that he might be tried by himself neither of which were granted Then after some Challenges on both sides the Jury sworn were Sir William Roberts Bar. Moses Charas Gent. Richard Pagett Esq Charles Beelow Gent. George Hocknal Esq Peter Vandenhagen Gent. Walter Moyle Esq Christopher Ripkey Gent. Thomas Henslow Esq Daniel Griggion Gent. John Haynes Esq John Lebarr Gent. To whom the Indictment was read and Mr. Keen and Sir Francis Withens opened the same and then William Cole deposed That on Sunday Feb. 12. about a quarter after Eight at Night his Master Thomas Thynn Esq was coming up St. James-Street from the Countess of Northumberland's and he was walking with a Flambeau in his Hand before the Coach and coming along at the lower end of St. Albans-Street he heard the Blunderbuss go off and turning his Face back saw a great Smoke and heard his Master cry out he was murdered and saw three Horsemen riding away on the right side of the Coach whom he pursued and cried out Murder He ran to the upper end of the Hay-Market till he was quite spent and then turning back again his Master was got into the House whom he understood was wounded One of the Men was upon a little Bay Horse William Ellers deposed That then and there he coming with his Master from the Lady Northumberland's there came three Men riding by the right side of the Coach and as they rid one of them turned about and said Stop you Dog And just as he looked about the Fire was let into the Coach upon his Master and the Men ran away as fast as they could and that he could not know any of their Faces Mr. Hobbs the Chirurgeon deposed That he was with Mr. Thynn about nine or ten a Clock that Night he was wounded and found him shot with four Bullets which entred into his Body tore his Guts and wounded his Liver and Stomach and Gall and broke one of his Ribs and wounded the great Bone below of which Wounds he died and believed there as never a Wound but was Mortal He shewed the Court the four Bullets two of which he thought might be Iron one he found in the Stomach one between the Ribs and the Skin and two were lodged in the Back-bone Then Mr. White the Coroner deposed That on Feb. 13. he sat upon the Body and found four Holes on the right Side behind his short Ribbs as if made with Bullets and he gave order to open the Body and saw Mr. Hobbs take out the four Bullets Boresky being then told what was said replied That he fired the Blunderbuss but did not know how many Bullets there were because he did not charge it but he could tell who did But the Ld. Ch. Justice said that would not be material because his Evidence could charge no Body but himself Then Mr. Bridgman and Sir John Reresby deposed That Borosky Vratz and Stern were examined by them and proffer'd to read their Examinations but the Ld. Ch. Justice would not suffer it because their Evidence could charge no Body but themselves and he would not let the Jury be possess'd by that which is not Evidence And therefore they were only suffer'd to help their Memories by the Examinations and to mention only what they had confessed as to themselves Therefore they said that Borosky then confessed that he came into England at the desire of Count Conningsmark But here the Ld. Ch. Justice interrupted again the Evidence and bid Mr. Bridgman only relate his Confession as to himself which was That he fired the Musquetoon by the Captain 's Order who had before bid him to fire as soon as ever he stopped the Coach Capt. Vratz confessed that he came with a Design to fight Mr. Thynn having sent him Challenges by Post from
seemed much concern'd and his Countenance altered and desired to lie down Then Mr. Gibbons deposed That when they had apprehended the Count they carried him to the Mayor's and thence to an Inn for 2 or 3 hours and there the Count asked him his Name because he said he would come and give him Thanks after his Trouble was over he owned his Name Gibbons and that he belonged to the Duke of Monmouth Said he the Duke of Monmouth hath no Command now and therefore how could he take him by his Order He said he did not come upon his Command but he had killed a very good Friend of his and a Country-Man and if Providence had not ordered it otherwise he had killed a more particular Friend of mine and a Master whom he had served many Years He said he did not think they would have done the D. of Monmouth any Injury After which walking up and down he said 'T was a stain upon his Blood but one good Action in the Wars or Lodging upon a Counterscrap will wash away all that Then he asking what the People said he told him the Captain had made a Confession though it was a thing he did not then know the Count said he did not believe the Captain would confess any thing To all this the Count by his Interpreter Sir Nathaniel Johnson reply'd That he came into England with a design to have got a Regiment and serv'd England against France hearing of an Alliance to be between England Holland and Sweedland against France That he lay incognito because he was broke out in Spots on his Arms and Breast and designed to take Physick and avoid drinking of Wine and his Equipage was not come to him till after That he removed his Lodgings the first because it was too cold for him and the second because of a smoaking Chimney That he sent for the Polander over to dress his Horses after the German way which he came to buy and had return'd 1000 Pistols for that end and had bought one Horse which the Count's Brother testified That had it not been for the stormy Weather the Polander had arrived sooner he having writ for him 4 Months ago That he had no Quarrel with Mr. Thynn nor to the best of his knowledg ever saw him That it was strange he should ask a Scullion-boy whether People might ride on Sundays when he himself over and over again has rid upon Sundays to Hide-Park which was testified by Major Oglethorp and divers other Gentlemen That Capt. Vratz visited him on Sunday only because he was sick That he gave the Polander to the Captain because he should have no use for him himself bought him Clothes and a Sword because he wanted them That he absconded because one Markham his Taylor told him he heard him named as concern'd in the Murder and that if the Common People should catch him they would tear him to pieces and so his Friends did counsel him to withdraw That he heard the People say the Murderers follow'd Mr. Thynn's Coach but would not shoot till the Duke of Monmouth was gone out That he spoke of his Apprehension and Imprisonment as being a stain to his Blood And then the Count speaking something of the Repute of his own Family and Zeal for the Protestant Religion and Love for the English c. Sir Francis Winnington summ'd up the Evidence whereat the People made a great shout but were rebuked for it by the Court Mr. Williams did also the like and then the Ld. Ch. Justice gave the Charge and the Jury withdrew and the Court Adjourned for half an hour and then sent for the Jury who brought in Borosky Vratz and Stern Guilty and the County Not Guilty Who being dismiss'd Mr. Recorder sentenc'd the other 3 to be hang'd Who were accordingly Executed in the Pall-Mall on Friday Mar. 10 following and Borosky was afterwards hung up in Chains a little beyond Mile-End by his Majesty's Command The Trial of Sheriffs Thomas Pilkington Esq Samuel Shute Esq Henry Cornish Alderman Ford Lord Grey of Wark Sir Thomas Player Kt. Chamberlain Slingsby Bethel Esquire Francis Jenks John Deagle Richard Freeman Richard Goodenough Robert Key John Wickham Samuel Swinock and John Jekyll sen Before the Lord Chief Justice Saunders at the Guild-Hall London on Tuesday May 8. 1683. THen and there the Defendants appeared for their Trial upon an information against them for the Riot at Guild-hall on Midsummer-day 1682. being the Day for Election of Sheriffs for the Year ensuing To which they had pleaded Not Guilty And the Jury appearing the Defendants Counsel challenged the Array because returned by Sir Dudley North whose legally being Sheriff was now in question Which Challenge was read in French and English and admitted of a long Debate but was over-ruled As was also another Challenge offered on behalf of the Lord Grey The Defendants Counsel then prayed a Bill of Exceptions which also was over-ruled The Jury sworn were Sir Benjamin Newland Sir John Matthews Sir Thomas Griffith Sir Edmund Wiseman Sir John Buckworth Percival Gilburn Henry Wagstaff Barthol Ferriman Thomas Blackmore Samuel Newton William Watton George Villars To whom the Information being read the same was opened by Mr. Dolbin and Mr. Attorn Gen. Mr. Sol. Gen. and Mr. Serj. Jefferies opened the Evidence And then the Common Serjeant Mr. Lightfoot Mr. Wells the Common-Crier Mr. Man the Sword-Bearer Mr. King Sir William Hooker and Mr. Bancroft all being sworn deposed their knowledg about the Method of the City Elections all concurring That the Lord-Mayor always used to summon and adjourn and dissolve the Common-Hall and that the Sheriffs as Sheriffs were no more concern'd in the Case than any private Man Then Mr. Craddock deposed as to the Persons concern'd in the Riot That he was then standing where they poll'd and the Lord-Mayor coming thither also to protest against their manner of Proceeding Sheriff Bethel bid him oppose or resist him for that he had nothing to do there And that this was before the Poll was adjourn'd Mr. Reeves then depos'd That he saw Mr. Shute and Mr. Pilkington encouraging the People to Poll after the Lord-Mayor was gone and that while the Lord-Mayor was there he saw a great Contest among the People some saying he had nothing to do there another cried Stop the Sword stop the Sword whom he laid hold of but some Body got him again from him Mr. John Hill deposed That he saw then Mr. Robert Key Mr. Goodenough and the Lord Grey among the People as also Mr. Cornish Mr. Richard Fletcher deposed That he also was there on that Midsummer-day by Order of Sheriff Shute after the Lord-Mayor was gone to call all Men that were to poll to come forward for the Books were to be shut up and that he could only testify that Mr. Pilkington and Mr. Shute were both there Then Capt. Clark depos'd That when Proclamation was then made for adjournment of the Court and God save the King was
and Riot The Trial of Capt. Thomas Walcot at the Old-Baily London on a Commission of Oyer and Terminer held there for the City of London and County of Middlesex on Thursday July the 12th 1683. THen and there the Prisoner was Arraign'd together with William Hone John Rouse and Capt. William Blague upon an Indictment for High-Treason for conspiring the Death of the King and raising a Rebellion in this Kingdom To which he pleaded Not Guilty with the other three And after some Exceptions the following Jury was Sworn Nicholas Charlton Christopher Pitts Robert Beddingfield John Pelling William Winbury Thomas Seaton William Rutland Thomas Short Theophilus Man John Genew John Short and Thomas Nicholas To whom the Indictment being read Mr. North of Counsel for the King in this Cause opened the same and Mr. Attorney-General Mr. Serjeant Jefferies and Mr. Sollicitor-General opened the Evidence And then Col. Rumsey deposed That about the latter end of October or beginning of November he was sent by the Lord Shaftsbury to Mr. Shepherd's House near Lombard-street to the D. of Monmouth Lord Russel Lord Grey and Sir Thomas Armstrong to know of them what was done about raising Arms at Taunton who told him that Mr. Trenchard had failed them about the Men and they could proceed no further at that time Whereupon the Lord Shaftsbury said there was no dependance upon those Gentlemen and so prepared to be gone for Holland That about a fortnight or three Weeks afterwards there was a meeting at Mr. West's Chamber where was Mr. West Mr. Goodenough Mr. Wade and another where the taking off the King and the Duke was proposed as the surest way and for that end Mr. Ferguson was writ for out of Holland who came over upon that Letter and Capt. Walcot with him upon Ash-Wednesday And they had several meetings about getting a sufficient number of Men and Mr. Goodenough and Mr. Rumbold brought Notes of many Names and Capt. Walcot was then present and undertook to be one of the Men that should help to kill the King at Rumbold's House near Hodsden in Hertfordshire as he should come from New-Market the Saturday before Easter but Capt. Walcot refused to have an hand in attacking the Coach only he would command a Party that should charge the Guards For there was to be several Parties one small Party was to have killed the Postillion another to kill the Horses and Mr. Rumbold with a certain number to seize the Coach and Captain Walcot the Guards but the Fire at New-Market causing the King to return on the Tuesday before Easter they could not have their Men in a readiness and so were disappointed Immediately upon this it was resolved on in another meeting whereat the Prisoner was that Money and Arms should be provided and Mr. Ferguson undertook the raising of Money and Mr. West the buying of Arms therewith and Mr. Goodenough and Mr. Rumbold the providing of Men to be in a readiness against the first opportunity that happened further designing to kill the King as he came from Windsor to London or from Windsor to Hampton-Court or the Play-House and that Mr. West did tell him he did buy Arms and received 100 l. of Mr. Ferguson for them That the Thursday before the Discovery they met at the Salutation in Lombard-street where was Captain Walcot Mr. West Mr. Wade the two Goodenough's Mr. Nelthrop and himself discoursing about the Division of the City into 20 parts 7 of which Mr. Goodenough gave an account of That on the Saturday following they appointed another meeting at the George on Ludgate-hill but the Discovery coming out there met only four of them And the Monday after the Discovery they met again at Capt. Tracy's there being the Prisoner Mr. West Mr. Wade Mr. Nelthrop the two Goodenough's and Mr. Ferguson who exclaimed against Keeling and resolved to be gone Then Mr. Keeling being Sworn related how before the King went to New-Market he was drawn in by Goodenough and provided Burton Thompson and Barber to join in killing the King whom Rumbold encouraged thereto by telling them the conveniences of his House for that purpose being a lone House and having a Court-Wall using this as an Argument That to kill the King and the D. of York would be a keeping one of the Commandments because unless that were done there would be a great deal of Blood-shed committed telling them the way how they designed to effect it as before and if this way failed then there should be Men in the Habit of Countrey-men with a Cart in the Lane who should run the Cart a-thwart the Lane and so stop the Coach That at the Dolphin-Tavern in Bartholomew-Lane where were Rumbold West Goodenough and Hone the Joyner he heard West talking to Rumbold about the King 's returning from New-Market asking him how many Swan-Quills Goose-Quills and Crow-Quills with Sand and Ink he must have To which was answered 6 Swan-Quills 20 Goose-Quills and 20 or 30 Crows-Quills saying that by Swan-Quills was meant Blunderbusses by Goose-Quills Muskets and by Crows-Quills Pistols and by Sand and Ink Powder and Bullets That he was at the Salutation-Tavern in Lombard-street with the Prisoner and others the Thursday before the Discovery where some of them call'd him Gulick there being then a Report of one Gulick that headed a Rising at Cologn Mr. West telling him that Gulick in Dutch was Keeling in English and that he hoped to see him at the Head of as good an Army in Wapping as Gulick was at Cologn which was all he could say as to the Prisoner He gave them a further account how Goodenough gave him 3 Papers of 3 Divisions of the City one for himself and the other 2 for whom he could trust advising him to take 9 or 10 Men to his Assistance who were to ask several Persons Supposing that the Papists should rise or be a French Invasion Are you in a Posture of Defence Which was all they were to communicate and by this means feel them and see how many Men could be raised telling him moreover of a Design to kill the King and the Duke at the Bull-Feast and lay it upon the Papists as a Branch of the Popish Plot and that one was drawing a Declaration to take away the Chimney-Money that so the common People might fall in with them more readily Saying that it was trouble of Mind caused him to make this Discovery which he did to one Mr. Peckham who brought him to the Lord Dartmouth and thence to Mr. Secretary Jenkins Acknowledging himself to be the Person who arrested the Lord-Mayor and that Goodenough did tell him that the Design was to secure the Lord-Mayor and the Sheriffs and the Tower Then Mr. Zachary Bourne depos'd That he came acquainted with the Prisoner by means of Mr. Ferguson who lodg'd at his House That he was at their Meeting at the Dragon upon Snow-hill where the Prisoner was and their Discourse was about a Design of raising and dividing the
City into 20 parts in order to the securing of his Majesty and the Duke of York and setting up the Duke of Monmouth That he was at the Meeting also at the Salutation in Lumbard-street and that the first meeting he had with them was about ten days before the Discovery That Mr. West spoke about securing the Lord Keeper for that he would call him to account for Colledge's Death That he would have spoke to two Nonconformist Ministers concerning this Design but Mr. West was unwilling and said the Ministers had destroyed all Designs ever since Constantine's Time and he would have nothing to do with them now That he met also with them at Capt. Tracey's on the Monday after the Discovery where the Prisoner was and there they discoursed about killing of Keeling and rather than be hang'd thought it better to stand to it with Swords in their Hands That he never heard indeed the Prisoner speak any thing of assassinating the King but that he had several times heard a discourse of Lopping by which was meant taking off the King and the Duke and supposed the Prisoner had been at the hearing of it too as being the Discourse of several Meetings Then Mr. West deposed That one Mr VVilcocks brought him and the Prisoner first acquainted who in November last imparted a Secret to him of a Design of an Insurrection to be made within three Weeks or a Month wherein the Lord Shaftsbury was engaged and had engaged him saying that he had an expectation of being a Colonel of Horse proffering the Witness a Command under him which he declined because he had not a Constitution to bear the Toils of War That the Prisoner then told him also of another Design the Lord Shaftsbury had upon the King and Duke as they came from New-Market in October last but that he abhorr'd any such ungenerous thing and would not be concern'd in it but only in a general Insurrection asking to have borrow'd a Suit of Silk-Armour of the Witness and employ'd him to procure him a stiff Tuck farther telling him that the Lord Shaftsbury was preparing a Declaration to be published in case of an Assassination or Insurrection asking the Witness to undertake to do one too because he would have several People draw it to pick one good one out of all shewing him some Collections which he said he had made towards it Which was a Collection of all the Passages in the three Reigns of King James Charles I. and this King which he called Attempts to introduce Arbitrary Government and Popery taxing them with some personal Vices and that the Government was dissolved and they were free to settle another Government Acquainting him that Mr. Ferguson had the management and conduct of the Assassination in October and that he likewise was acquainted with the Insurrection and was a great Man in it Meeting therefore with Ferguson in discourse he told him that there was but two ways for the People to preserve themselves from Bondage and one was by a general Insurrection the other by killing the King and Duke which he said was the best way Then going to a Tavern with him where was Col. Rumsey and one Row they appointed to meet at the Witness 's Chamber as a place of privacy and little observation Where when they met Mr. Ferguson proposed several ways of Assassinating the King and the Duke One was as the King and Duke had their private visits in St. James's another was as they went down the River by overturning or sinking their Barge another was at the Play-House by forty or fifty Men placed in the Pit with hand-Blunderbusses Pistols and Swords who when the Musick struck up between the Acts should fire upon the Box. But because this was thought hazardous they thought it better to do it as he came back thence in Covent-Garden under Bedford-Garden Wall That Col. Rumsey also did say He wondred that the Lords and great Men that were so fond of the King did not raise a Purse and buy some Body an Office who should rail against the Duke of Monmouth and the Whiggs and by that means get himself an opportunity of access to the King's Person That Capt. Walcot also told him after the Design in October had miscarried that there was another Design of attaquing the King and the Duke at my Lord-Mayor's Feast in the Hall or in their return Home in Paul's Church-Yard or at Ludgate And that Mr. Ferguson told him the same thing but the King not dining there the thing was wholly disappointed That after these Discourses Mr. Ferguson retired to Holland being afraid because of a Book that he had printed and Capt. Walcot went with him That there he staid till they writ for him to come over and then they had several meetings and resolved upon the Assassination at Rye-House Mr. Ferguson Mr. Goodenough and Mr. Rumbold undertaking to provide Men And the providing of Mony and Arms was also discours'd on and the manner of doing it proposed the Prisoner being to attaque the Guards he refusing any other part therein Rumbold propos'd a way to bring them off when the thing should be done over the Meadows and so by Hackney-Marsh which the Prisoner did not like but rather that they should retire within the Wall and there keep till Night being a place they could defend against any Force for a day's time That as to the Design upon the King 's coming from the Play-house one Mr. Row told him he had discours'd with one Gibbons that was the Duke of Monmouth's Servant about it and ask'd him if any of their Family knew of it and he said They all knew of it but would not be seen in it and said that he shew'd him the place That after the disappointment at Rye-House they adjourned to his Chamber to consider what they should do And a day or two after they met at the Dolphin Tavern where Mr. Keeling talking of Blunderbusses and Pistols in downright English he told him it was a foolish thing to talk so before Drawers and that was the occasion of calling them by the Names of Swan-Quills Goose-Quills and Crow-Quills At the next Meeting which was the next Week at the George and Vulture where was the Prisoner Mr. Goodenough Mr. Ferguson one Norton and one Ayliff They agreed to buy Arms viz. 10 Blunderbusses 22 Inches in the Barrel 30 Carbines 18 Inches and 30 Cases of Pistols 14 Inches putting him upon the buying of them because he was serviceable no other way and could have a Pretence for it because he had a Plantation in America but Mr. Ferguson was to pay the Mony which he did after he had bought the Arms with 93 Guinies which as he supposed came from Mr. Charlton That at the last meeting with Mr. Ferguson he heard him say That there was a Man imployed to see what conveniency there would be for an Assassination between Windsor and Hampton-Court but that was never reported and so laid aside That
all Risings and that he said the Lord Howard was a Man of Luxureant Parts but he had the luck not to be trusted by any Party Dr. Tillotson Duke of Somerset Lord Clifford Mr. Levenson Gore Mr. Spencer and Dr. Fitz-VVilliams spoke as to his Lordship's Conversation And then the Lord Howard being asked by the Jury what he said to the Earl of Anglesey's Evidence owned what the Earl said but that he did it to out-face the Matter and if he said untrue he ought not to be believed on his Oath insinuating that he meant what he said to be meant of a Design of Murthering the King which he did not not believe the Duke of Monmouth or the Lord Russel guilty of Carrying his knife close as he express'd it between the Paring and the Apple After this the Lord Russel made a short Conclusion protesting his Loyalty and Innocence telling the Jury he was in their Hands and pray'd God to direct them Then the Solicitor General summ'd up the Evidence and after him Serjant Jefferies taking Notice of the Earl of Essex's Death as an Evidence of Guilt did the same And the Ld. Ch. Justice deliver'd his Charge to the Jury and then the Court Adjourned till 4 a Clock in the Afternoon when the Jury brought the said Lord Russel in Guilty of the said High-Treason The Trial of John Rouse Gent. at the Old-Baily on Friday July 13. 1683. THen and there the Prisoner appearing having been arraigned the day before upon an Indictment of High-Treason for conspiring the Death of the King and subversion of the Government and pleaded Not Guilty he moved the Court but in vain for longer time And therefore the Jury sworn after several Challenges were Robert Beddingfield John Pelting William Windbury Theophilus Man John Short sen Thomas Nicholas Richard Hoare Thomas Barnes Henry Robbins Henry Kempe Edward Raddish Edward Kempe To whom the Indictment being read Mr. Jones and Sir George Jefferies opened the same and then Thomas Leigh was sworn against whom the Prisoner excepted because he had been sworn against as Guilty by two Persons and being acquainted with the Prisoner he was afraid the Prisoner should swear against him and therefore come now to swear against the Prisoner first But this was not allowed to be any Objection Therefore Mr. Leigh deposed that he had been concern'd in this Conspiracy and knew something of it but that he believed Mr. Rouse knew a great deal more for that Goodenough and the Prisoner engaged him in a Design of raising of Men and Goodenough told him the Design was to set up the Duke of Monmouth and kill the King and the Duke of York and that Sir John Moor and the Aldermen were to be kill'd and their Houses plundred and that there would be Riches enough which would serve to maintain the Army That Mr. Rouse told him he could provide Arms for 100 Men and that nothing was to be done unless the King was seized saying we might remember since 41 when the King went and set up his Standard therefore said he we will seize them that they shall not set up their Standard But said he was not for shedding their Blood That he said also it would be convenient to have a Golden Ball play'd upon Black-Heath and to get some Sea-Captains to manage that Affair and said he would engage Ten and he that wins the Ball take it That every Captain should then take his Party and tell them they had other work and then go with Long-Boats and Arms and seize the Tower That he acquainted Goodenough with this and telling him the Charge of the Ball which the Prisoner had told him would be 10 or 12 l. he said if it were 40 l. he would be at the Charge of it all That after he heard he was sworn against Mr. Rouse cut off his Hair and procured him a Wig and lodged hint at his House That he and Rouse and Mate Lee went several times to view the Tower That Rouse told him he had spoke to two Sea-Captains who were willing but one was going to New-Jersey and therefore the Work must be done before he went or he could not assist That while he lay hid at Rouse's House Mr. Nelthrop and Mr. Goodenough directed him to deny all when-ever he should be taken into Custody and if could not touch his Life That they met several times afterwards and had an Account in June last that Mr. Goodenough was in the North raising Men and that the Duke of Monmouth was thereabouts and that a Deliverance should be wrought for all this That the Design was so laid that he was told it was to be done in a Fortnight That they never agreed on a Method to kill the King but that they told him they had 1000 Horse ready in the Country and 500 Horse ready in Town and that the King should be kill'd coming from Windsor That they were contriving to send Arms by Night in Trunks to some private Place where they were to arm themselves in the Night and some brisk Men were to go to VVindsor to know when the King came and give Information and so they were to set upon him in some convenient Place and both the King and the Duke were to be taken off together Mr. Rouse saying Take them off and then no Man can have Commission to fight for them And both to him and in Company Mr. Rouse who had been a Traveller had said That the King was sworn both in France and Spain to bring in Popery and Arbitrary Power in so many Years and therefore it was no Sin to take him off and told him he had it under his own Hand Then Mate Lee deposed That the Prisoner had several times treated with him to get Seamen fitting to make Commanders of Ships some of the King's Men of War that lay at Deptford and VVoolwich for that the Tower and VVhite-hall was to be secured or else they could do nothing Mr. Thomas Corbin deposed That in 1681 he heard the Prisoner say He thought the Session of the Oxford Parliament would be very short But those frequent Prorogations and Dissolutions of Parliament would not avail the King son that what ever he has the Parliament gave him and they may take it away when they please Upon which one bidding him have a care what he said he reply'd The King had forfeited his Crown and had no more right to it than he had Mr. VVilliam Richardson deposed That when the Prisoner was first seiz'd he denied his Name to be Rouse calling himself Johnson The Prisoner's Defence was only a retorting the Accusation upon the Witness alledging That Mr. Leigh first discoursed these Treasons to him which he only listned to to pump out the bottom of his Design that he might discover them Protesting his Innocency and that the words Mr. Corbin testified against him was not spoke of the Parliament but of the Pope and he had been before tried and acquitted for them Saying it
1684. was brought from thence by Habeas-Corpus to the Bar at the King's-Bench at Westminster where being Arraign'd he was told of his being Indicted and Outlaw'd and thereby Attainted for High-Treason and ask'd what he had to say why Execution should not be awarded against him upon that Attainder To which be reply'd that since he had made an Ingenuous Confession to his Majesty of all that he knew of any manner of Conspiracy against him he hoped That would render him Capable of Mercy and Pardon Upon which the Attorny-General offer'd him a Trial that if he had any thing to say he Defend himself from the Indictment but he Confessing himself Guilty of many things therein declin'd it and threw himself wholly upon the King's Mercy But the Court telling him that the King was the Dispenser of his own Mercy and that they were only to Execute his Justice gave a Rule for his Execution upon Wednesday Sevennight after there being no other Judgment to be pronounced in such Cases as the Court told the Attorny-General when he moved for it the Outlawry it self being the Judgment Which accordingly was Executed upon him on Wednesday the 30th of April 1684. at Tyburn Proceedings in the Court of King's-Bench against Sir Thomas Armstrong June 14. 1684. Sir George Jefferies being Lord Chief Justice SIR Thomas Armstrong Kt. was upon the 14th of June 1684. brought by a Writ of Habeas-Corpus from Newgate to the Bar of the Court of King's-Bench at Westminster and there Arraign'd upon an Outlawry of High-Treason for conspiring the Death of the King c. And being ask'd what he had to say for himself why Sentence should not be awarded against him upon that Attainder pleaded his being beyond-Sea at the time of the Outlawry and desired to be tried upon the Indictment Which the Court refusing to grant him he pleaded the Statute of the 6th of Edw. the 6th which gives the Person Outlaw'd a Year's time to reverse the Outlawry and desired it might be read which accordingly was done But it appearing by the Statute That the Person Outlaw'd ought to render himself to the Chief Justice of England within a Year's time Sir Thomas was told this did not concern him for he had not rendred himself but was taken and brought thither against his Will To which he answered That the Year was not then expir'd fie was there and did now render himself and pray'd Counsel might be assign'd him to argue it in Point of Law but the Court over-rul'd him in it telling him There was no such Doubt or Difficulty in the Matter as to need any such thing Upon which insisting much upon his Innocency and offering to make proof of it if he might be admitted to a Trial he produc'd Holloway's Case as a Precedent for it who had but a little before been offer'd it at the same Place but the Court told him that what had been done therein was meerly from the King's Grace and Mercy and that the King might extend the same Mercy to him also if he so pleas'd but since he had not done so and it not being their Business they must proceed to award Execution upon the Outlawry Upon which Mrs. Matthews Daughter to the Prisoner call'd out to the Court not to Murder her Father For which the Chief Justice caus'd her to be committed to the Marshal and accordingly she wishing that God Almighty's Judgments might light upon them was carried away the Chief Justice saying That he thanked God he was Clamour-proof After which the Attorn Gen. offered to shew the Reasons why the King extended that Grace to Holloway but ought not to extend it to Sir T.A. as not at all deserving any sort of Indulgence or Mercy but that having relation to the Evidence and not to the Outlawry the Court refus'd to hear any thing of it and so proceeded to give a Rule for his Execution the Friday following telling him upon his earnest pressing to have the Benefit of the Statute he had cited the he should have the Full Benefit of the Law And accordingly on Friday the 20th of June he was Executed at Tyburn Mrs. Matthews upon a Petition being before releas'd out of Custody without Fees The Trial between Sir William Pritchard Kt. and Alderman of the City of London Plaintiff and Thomas Papillon Esq Defendant in an Action upon the Case at the Sessions of Nisi Prius holden for the Court of Kings-Bench at the Guild-hall in the City of London on Thursday the 6th of November in Michaelmas Term in the 36th Year of the Reign of King Charles the Second 1684. Before Sir George Jefferies Kt. and Baronet then Lord Chief Justice of the said Court of Kings-Bench SIR William Pritchard late Lord Mayor of the City of London having in Easter Term last brought an Action upon the Case for falsly maliciously and without probable cause procured him to be arrested and imprisoned in his Mayoralty against Thomas Papillon Esq The Defendant pleaded Not Guilty and thereupon issue being joined it came this day to be tried before the Lord Chief Justice Jefferys and the Jury sworn to try this Cause were these Bartholomew Ferryman Thomas Blackmore Thomas Symonds William Whatton John Green Thomas Amy Joseph Baggs Daniel Chandler John Reynalds John Allen Joseph Caine William Withers jun. Then Mr. Munday being of Counsel for the Plaintiff opened the Case to which Mr. Attorney General added something And then Mr. Solicitor General called Mr. Keeling who being sworn deposed That on April the 24th he being sent for by a Letter from Mr. Goodenough came to Mr. Russel's a Cooks-shop in Iron-monger-lane to meet him where were 30 or 40 Persons together By whom while he was gone for a little while his Name was put into a Warrant to be a special Bailiff to arrest the Lord Mayor which he seeming unwilling to do was urged thereto for fear of displeasing the Discontented Party which he said were such as he and the Goodenoughs were of even such as would have killed the King and the Duke that being prevailed upon he went along with the Coroner Mr. Burton and Mr. Francis Goodenough to Grocers-hall where Sir William Pritchard kept his Mayoralty to whom the Coroner came up and said he had a Warrant against him and therefore pray'd him to give an Appearance at the Suit of Mr. Thomas Papillon and another at the Suit of Mr. John Dubois whereupon some Words passed between them and the Lord Mayor refusing to give any Appearance the Coroner bid us execute our Warrants upon which he came up to the Lord Mayor and touched him upon the Shoulder telling him that he did arrest him at the Suit of Thomas Papillon Esq and one Ferdinando Burley arrested him then again at the Suit of Mr. John Dubois and then the Coroner dismissing them and taking the Lord Mayor into his own Custody he went thence to Sir Henry Tulse's and arrested him also Then Sir Henry Tulse being called and sworn deposed that about
of the Season had chang'd their Opinion so that now they disbelived that which they believed before and perhaps for as little Reason as they believed him at first For he could not expect that a Man who believes without a Principle should not recant that Belief without a Reason But the Court call'd this a Reflection and spar'd him not for it The other part of his Defence consisted of his endeavouring to prove that he was here seen in London in April and May 1678. To this end Mrs. Cicilia Mayo Sir Richard Barker's House-keeper deposed That she saw Dr. Oates at her Master's House in Barbacan the latter end of Apr. or beginning of May being about a Week before Whitsontide in that Year the Plot broke out That the Coachman told her he had been there once or twice before but this was the first time she saw him he having on grey Clothes a white Hat and a short Periwig and dined there with her Lady's Sister and others Sir Richard being then sick in the Country That he came afterwards when she saw him in black Clothes a longer Periwig which was brown That she never knew the Prisoner before then but they told her who it was Then John Butler Sir Richard Barker's Coachman deposed That he also saw Mr. Oates at his Master's House the beginning of May before the Plot in a disguise having on a grey Coat and white Hat and his Hair cut short but without a Periwig enquiring for Dr. Tongue Mrs. Mayo then also looking upon him in the Court through the Window And that afterwards he came in a Cinnamon-coloured Coat and green Ribbons and a long black Periwig and that he dined there several â—â—mes Then Philip Page Sir Richard Barker's Man that used to make up his Physick for him deposed That he remembred he did see the Prisoner at his Masters in grey Clothes but he was not certain as to the time only he believes it was in May. Then Mr. Walker a Minister deposed he met the Prisoner in a Disguise between St. Martin's-Lane and Leicester-Fields not exactly remembring the Time when only he thought it about a Year and a quarter before he was first examin'd and that the Elm-Trees were then budded forth as big as an Hazle-Nut After this reflecting on the discredit the St. Omers Witnesses had once been in and of their not prosecuting of this Cause before this time he concluded his Evidence And the King's Counsel proceeded to answer his Defence producing the Records of Sir George Wakeman and Earl of Castlemaine's Trials to prove that his Evidence there was not believed which were read and Sir George Wakeman being sworn deposed what it was the Prisoner then swore against him and protested the falsity of it and his own Innocency The same also the Earl of Castlemain did in like manner And then the Lords Journals were produced where it was recorded that the Prisoner said he could accuse no Body else but those that he named and yet soon after he accused the present King and the Queen-Dowager but this upon search being not found to be a Record upon Oath it was not thought valid Evidence Therefore they proceeded to prove his Subornation of one Clay which was a Witness for the Prisoner at the Trial of the five Jesuits whom now he did not call and of Mr. Smith the School-master of Islington To this end part of Oates's Narative was read out of the Lords Journal wherein he accused this William Smith as concerned in the Plot as endeavouring to vilify the House of Commons c. And then a Certificate was read under Oates's Hand of this Smith's Honesty not three days before the Trial of the five Jesuits whence they would infer he had been tampering with him the which Smith himself being sworn was ready to have deposed but the Ld. Ch. Justice would not admit him to swear that he did forswear himself because such should never have the Countenance of ever being Witnesses again Therefore they proceeded to prove the Subornation of Clay and to this end Lawrence Davenport in whose keeping Clay was in Prison deposed that Sir William Waller and the Prisoner did hang'd for that they could prove him to be a Priest unless he would swear for Oates that he dined with him at Mr. Howards in May which he consented to so he might have his Mony restored that was taken from him saying he had been a Rogue before and did not know what he might be And this another Witness produced swore that Davenport told to him the next day in Prison Then Mr. Howard deposed That Clay was mistaken in his Testimony given at the Trials of the five Jesuits in being July and not May 1678 that he and Oates were at his House about which time there was no question of his being in England Then they read out of Oates's Narrative again wherein he had said how he return'd three or four days after the Consult of April 24 was over observing hence how his own Witnesses contradicted him who had deposed that they saw him here in London the latter end of May. And here the Counsel for the King concluding their Evidence Dr. Oates proceeded with his Defence only shewing out of the Lords Journal a Copy of their Resolve That there was a Plot and of their summoning up before them Thomas Bickley of Chichester for vilifying Dr. Oates and thereupon turning him but out of Commission objecting five things against their Evidence 1. Their Religion A Papist not being a good Witness in a Cause of Religion appealing to the Heavens Which the Ld. Ch. Justice call'd a Common-wealth appeal and bid him to be took away falling very foul upon the poor Doctor But stood in 't that 't was Law and the Lord Cooke's practice quoting Bulstrode's Reports 2d Part 155. He Objected 2. Their Education confessing themselves to be bred up in a Seminary which is against Law quoting 27o. Eliz. cap. 2. and 3. Car. 1. Cap. 2. Which also was over-ruled 3. Their Judgments in Cases of Conscience whereby they own they have Dispensations to swear Lies for the promotion of the Cause 4. It was refused at the Lord Shaftsbury's Trial to suffer the King's Evidence there to be Indicted of Perjury But all this the Ld. Ch. Justice told him was idle and nothing to the Purpose And therefore he went on to sum up his Evidence protesting the Truth of his Evidence and that he was resolved to stand by and seal it with his Blood which the Ld. Ch. Justice told him it was pitty but he should Then Mr. Sol. Gen. summ'd up the Evidence which while he was a doing Dr. Oates beg'd leave to withdraw being weak and ill with the Stone and Gout and having lien in Irons 21 weeks After him the Ld. Ch. Justice summ'd up the Evidence with all the Virulency and Gall his Wit or Malice could assist him And then the Jury withdrawing for about a quarter of an hour deliver'd in their Verdict
where the Case was evident But this Court he took to be of the same Nature though of a Degree higher with the other Ordinary Courts of Judicature where there could be no Adjournment after Evidence given But for satisfaction the Judges were ordered to withdraw to Consult which they did and then the Lords Nottingham and Falconbridge moved that the Peers ought to be the Judges hereof because it concerned their Priviledg and so it was also permitted for them to withdraw And after about half an hour the Judges returned and after an Hour the Peers And then the Ld. Ch. Justice Herbert deliver'd the Opinion of the Judges that this Matter being wholly new to them they could not determin but only tell what the Law was in Inferiour Courts in Cases of the like Nature and the Reason of the Law in those Points and then leave the Jurisdiction of this Court to its proper Judges After which the Ld. H. Steward told them he was the only Judg of that Court and therefore he was to determin it shewing of what ill Consequence the Adjournment of the Court might prove if it should happen to be illegal and therefore he ordered the Prisoner to proceed The Lord Delamere therefore did begin his Defence in Protesting his Innocency and Reflecting on the Loyalty of his Family particularly his Father who had been so signally instrumental in the Restoration of the Royal Family that the late King caused it to be inserted in the Patent which created his Father a Peer which Clause he read out of the Patent to the Court. And as to the Evidence against him he observed that it was all but Circumstantial and by hear-say only except that of Saxon's and therefore he apply'd himself particularly against that and called his Witnesses Mr. Richard Hall testify'd how in 1683 Saxon counterfeited a Letter in the Name of one Richard Hildage to him for 6 l. which he ow'd him and Saxon brought the letter and received the Mony and afterwards Hildage demanded the Mony denying that he ever writ for it Mr. Francis Ling declared how this Saxon received 25 s. at this same Hildage's at Newcastle for Mrs. Wibbram without her order nor did she ever receive any of it Richard Shaw declared how he also forg'd a Letter in William Paugston a Bayliffs Name and sent it to him because he owed him a little Mony Peter Hough declared how Saxon cheated him in making him of a Bond for 20 s. less than was due from Saxon to him reading it false to him at the sealing Edward Wilkinson declared that Saxon hired his Horse June 23d last for only three days at 12 Pence a Day but he never came again nor had he had any satisfaction for his Horse it being supposed this was the Horse he rid into the Rebellion with William Wright said he had dealings with Saxon but never found him so good as his Word Then the Prisoner went off from this part of the Evidence to prove that neither Sir Robert Cotton nor Mr. Offley Crew nor himself were in Cheshire at that time Saxon had sworn he saw them at Mere together And to this end one Billing Margaret Davis Mrs. Sidney Lane Charles Reeves Mr. Ashburnham Sir William Twisden and Mr. Heveningham did all sufficiently testify that Sir Robert Cotton was in Town about that time and some of them being his own Servants that he was never in Cheshire since April 6th last nor never out of London till after June As to Mr. Offley Crew Sir Willoughby Aston declared every day particularly where he was from May 26. to June the 4th on which day he went from Sir Willoughby's House homeward Mr. Gregory and Thomas Kid his Servants testifyed that he went directly Home to Crew-Hall in Cheshire that Night and was not at Mere it not being in his way at all As to the Prisoner himself Mr. Booth one of his Brother's declared that he saw his Brother in Town June 3 4 5 6 and so on to June 10. till he went out of Town himself And another of his Brothers Mr. George Booth said he saw him in Town the 4th And the Lord Lovelace testified that he saw him the 5th of June in the House of Lords at the Lord Macclesfield's Trial against Mr. Fitton After it was thus cleared that none of them 3 were where Saxon had sworn they were at that time the Prisoner shew'd the incredibility of his Evidence and proceeded to give an account of his going down so often and so speedily That the first time he went which was betwixt the Coronation and the fitting of the Parliament was to take Possession of a Lease worth 6 or 7000 l. renewed to him by the Bishop of Chester of whose illness he had notice and this he proved by Mr. John Edmonds who said he was a Witness of his taking possession May 5th and by Mr. Henry who was Attorny and delivered him Possession at the same time And for his going out of Town May 27th the occasion of it was to see a sick Child of his and he went so suddenly and privately because he heard there was a Warrant out to apprehend him But while he was at Mere his Wife sent him an Express that as to the Warrant she hoped it was a Mistake but that his eldest Son was very ill and if he intended to see him alive he must make hast up He came but to his House in Cheshire on Sunday May 31. Whence he came on Tuesday morning June 2d and on Wednesday the 3d he was in Town To prove all this Mrs. Kelsey who was his Servant said my Lord told her there was a Warrant out for him which occasioned his coming and moreover his Childs illness The Lady Delamere his Mother testified the illness of his Child in the Country Mr. Kelsey testified his coming to Mere on Sunday Night and going thence on Tuesday Morning and that he had Letters dated June 4. which gave an account my Lord got to London the Night before And Sir Thomas Millington testified the illness of his Son in Town on May 28. he being sent for to him and remembring the time by the date of his Bills After this the Prisoner summ'd up his Evidence and concluded very handsomly and judiciously his Excellent Defence Then Mr. Sol. Gen. having summ'd up the Evidence and the Lord High Steward speaking a few words to this Point of Law which the Prisoner in his Defence seemed to urge That there is a necessity of two Positive Witnesses to convict a Man of Treason and shewing his Mistake about it The Peers withdrew for about half an hour the Prisoner being taken into a little Room appointed for him at the entrance into the Court and then being returned their appearance was took by a Serjeant at Arms and their Verdict took by the Lord H. Steward Seriatim beginning with the Puisne Peer who all declared the Prisoner Not Guilty upon their Honour's Which the Lord H. Steward acquainted him
Messengers attending the Court delivered to the Dean of St. Pauls a Warrant from the Ecclesiastical Commissioners to cause this Sentence to be affixt on the Door of that Chapter-House and to certify them of the due Execution hereof Dated Septemb. 28 1686. and sealed with the same Seal as the Sentence which was annexed thereto but no Persons Names Subscribed To the Dean and Chapter of London The Proceedings and Trial in the case of the most Reverend Father in God William Lord Arch bishop of Canterbury and the Right Reverend Fathers in God William Lord Bishop of St. Asaph Francis Lord Bishop of Ely John Lord Bishop of Chichester Thomas Lord Bishop of Bath and Wells Thomas Lord Bishop of Peterborough Jonathan Lord Bishop of Bristol in the Court of Kings-Bench at Westminster in Trinity-term in the 4th Year of the Reign of King James the 2d Annoque Domini 1688. THese Peers were present on Friday June the 15th 1688 when the Lords the Archbishop and Bishops were brought into Court from the Tower upon the Habeas Corpus Viz. Ld. Marq. of Hallifax Ld. Marq. of Worcester Earl of Shrewsbury Earl of Kent Earl of Bedford Earl of Dorset Earl of Bullingbrook Earl of Manchester Earl of Burlington Earl of Carlisle Earl of Danby Earl of Radnor Earl of Nottingham Ld. Visc Fauconberge Ld. Grey of Ruthyn Ld. Paget Ld. Chandoys Ld. Vaughan Carbery The aforesaid Bishops appearing then and there about eleven a Clock at Mr. Attorney General 's motion the Writ and Return were read in Court Sr. Robert Wright Ld. Ch. Justice Judges Mr. Justice Holloway Judges Mr. Justice Powell Judges Mr. Justice Allybone Judges Then the Bishops being sat in Chairs provided there for them the Attorney General motion'd an Information to be read against them which Sir Robert Sawyer Serj. Pemberton Mr. Pollexfen and Mr. Finch oppos'd being of Counsel for the Bishops requiring a Discharge for the Prisoners because their Imprisonment was illegal the Persons committing having no Authority to commit being said to be Lords of the Council and not in Council and the Fact for which they were committed being a bare Misdemeanour the Bishops as Peers of the Realm ought to be served with the usual Process of Subpoena and not to be committed to Prison and therefore the Bishops not being now regularly in Court they ought to be charged with no Informatian by the express Statute of Edward the 3d. The which Objections caused a long and learned Debate on both sides till at length the Judges over-ruled it only Mr Justice Powell refused to determine without consulting Precedents Then the Information against the Bishops was read the Substance whereof was That whereas the King put out his Declaration for Liberty of Conscience on the 4th of April in the 3d Year of his Reign in which is contained c. Here that Declaration was inserted and on the 27th of April in the 4th Year of his Reign did publish his other Declaration entitled c. Here that Declaration also was inserted which last Declaration he on the 30th of April following caused to be printed and for the more solemn Notification of his favour therein did on the 4th of May following order the same to be read in all Churches c. Here that order of Counsel was inserted After the making of which Order viz. on the 18th of May following at Westminster in Middlesex the seven Bishops being here named did consult and conspire among themselves to diminish the Regal Authority and Royal Prerogative Power and Government of the King in the Premisses and to infringe and elude the said Older and in Prosecution and Execution of the Conspiracy aforesaid they the said Bishops here again naming them with Force and Arms c. there and then falsly unlawfully maliciously seditiously and scandalously did frame compose and write c. a certain false feigned malicious pernicious and seditious Libel in Writing concerning the King his Declaration and Order aforesaid under pretence of a Petition then and there subscribed by them and in the presence of the King did publish wherein is contained Here the Bishops Petition was inserted Whereupon the Attorney General pray'd the Advice of the Court and due Process of Law to be made out against the aforesaid Bishops c. to answer to our Lord the King in and concerning the Premisses Then the Bishops Counsel moved for an Imparlance till the next Term and very learnedly and largely debated with the Kings Counsel concerning the course of the Court as to that Particular but were over-ruled in it Then the Arch-bishop in behalf of himself and his Brethren the other Defendants tender'd their Plea in writing which was read and its Receipt debated but because it was writ upon Paper and not upon Parchment and contained no more than what had been already debated and over-ruled the Court rejected it and put them therefore upon it to plead presently to the Information which they all did Not Guilty and this day fortnight appointed for their Trial at this Bar the Court taking the Bishops own Recognizance of the Arch-bishop in 200 l. and the rest in 100 l. apiece then and there to appear after which the Court arose ON Friday the 29th day of June being the Feast of St. Peter and St. Paul the Bishops then and there made their Appearance Sr. Robert Wright Ld. Ch. Justice Judges Mr. Justice Holloway Judges Mr. Justice Powel Judges Mr. Justice Allybone Judges These Peers being present viz. Ld. Marq. of Hallifax Ld. Marq. of Worcester Earl of Shrewsbury Earl of Kent Earl of Bedford Earl of Pembrook Earl of Dorset Earl of Bullingbrook Earl of Manchester Earl of Rivers Earl of Stamford Earl of Carnarvon Earl of Chesterfield Earl of Scarsdale Earl of Clarendon Earl of Danby Earl of Sussex Earl of Radnor Earl of Nottingham Earl of Abington Ld. Visc Fauconberge Ld. Newport Ld. Grey of Ruthyn Ld. Paget Ld. Chandoys Ld. Vaughan Carbery Ld. Lumley Ld. Carteret Ld. Ossulston 'T is possible more of the Peers might be present both days whose Names by reason of the Croud could not be taken The Bishops Names being called over the Jury was sworn whose Names follow viz. Sir Roger Langley Bar. Sir William Hill Kt. Roger Jennings Esq Thomas Harriot Esq Jeoffery Nightingale Esq William Withers Esq William Avery Esq Thomas Austin Esq Nicholas Grice Esq Michael Arnold Esq Thomas Done Esq Richard Shoreditch Esq To whom the Information against the Bishops was read And then Mr. Wright opened the charge to which Mr. Attorney General spoke shewing that the Bishops were prosecuted not as Bishops or for any point of Religion but as Subjects and for a Temporal Crime And that also they were prosecuted not for omitting any thing but for doing something even censuring of his Majesty and Government The Heinousness of which Crime he opened and laid down the Method they would proceed in to prove it And according to the Method observ'd in the Information that every thing might
be proved therein Mr. Solicitor General order'd to be produced in the Court both the Declarations under the Great Seal and the Order of Council for reading the latter was read out of the Council-Book and the Printer call'd and sworn to prove the printing of the Declaration Then the Bishops Petition was deliver'd in also by Sir John Nicholas who being sworn deposed that he received that Paper from the King in Council the 8th of this Month that the King had it from him again the 12th and the 13th he received it again from the King Then the Court went on to prove the Bishops hands to it and for that end Sir Thomas Exton was sworn who viewing the Paper deposed that he did believe it was the Lord Arch-Bishops Writing and that his Name was writ there by himself but that he did not know any of the other Names Then Mr. Brooks being sworn deposed also that he knew the Arch-bishop Hand-writing and viewing the Paper did believe that to be written by him That he knew also the Bishop of St. Asaph's Writing and did believe this to be his That he had seen of the Bishop of Ely's Writing and because this did resemble a Letter that he had by him of his writing to the Bishop of Oxford therefore he did believe this also to be his But this was by the Court adjudged to be but weak Evidence Therefore Mr. Chetwood was sworn to prove the Bishop of Ely's Hand but he only deposed That he had a great while since seen of what was said to be his Writing but that he never saw him write and therefore did not certainly know his Hand And a little after being called to evidence to the Bishop of Bath and Wells and Bishop of Peterborough's Hands he said that he had seen of the Bishop of Bath and Wells Writing but never saw him write his Name and looking on his Name he said he believed that might be his Writing but he was not certain that he rather believed it to be his Hand than that other to be my Lord of Peterborough's After him Mr. Smith deposed viewing the Bishop of Ely's Name that he had a good while since seen of his Writing which this did resemble and therefore he believed it might be his Writing though he could better judg of it when he writ his Name Turner than now it is Ely because there was more Letter to judg by Then Mr. Middleton deposed to the Arch-Bishop and the Bishop of Ely That he had seen their Writing and upon viewing the Paper did believe that this was theirs That also he had my Lord of Peterborough's Writing for some Money two Years ago and he believed this to be like it but he never saw of his Writing but once That once he saw of the Bishop of Bristol's Writing also and did think this like it but could not say more Then Sir Thomas Pinfold deposed to the Bishop of Peterborough's Writing that he never saw but one Letter from him and viewing the Paper that he could not tell upon his own Knowledg that that was his Hand but upon this account that he had heard there was a Paper delivered by my Lords the Bishops to the King and this Paper he supposing to be the same upon that score he did believe it his Hand but upon any other score he could not tell what to say Then Mr. Clavel was sworn who deposed that he had many times seen of the Bishop of Peterborough's Writing and believ'd he knew it and viewing the Paper believ'd that to be his Hand but he could not say that ever he had seen him write Next Mr. James was sworn who deposed to the Bishop of Bristol's Writing that he believ'd he knew his Hand but was not certain because my Lord writ several times several Hands but viewing the Paper he at last acknowledg'd that he believ'd this to be his Then Mr. Nathaniel Powel being sworn deposed to the Bishop of Chichester's writing that he believed he knew his Hand but looking upon his Name said that he did not see his Lordship write that but believ'd it to be like his Hand but would not say positively that he believ'd it was so because for a Man to swear his belief in such a matter seemed to him an extraordinary thing Then the Counsel for the King prayed that the Paper might be read but the Bishops Counsel opposed it First Mr. Serj. Levinz pleaded That a Proof by Comparison of Hands which was the only Proof they had in this case ought not to be received in a Criminal Case and because moreover that Comparison had been proved in such an uncertain manner Then Mr. Serj. Pemberton pleaded that this Evidence did not amount to so much as a Comparison of Hands because none of them had ever seen the Persons write and if it did that was no Evidence in Criminal Cases Then Mr. Pollexfen pleaded that it ought to be consider'd whether Comparison of Hands be Evidence in a Case of Misdemeanour instancing in my Lady Carr's Case in Syderfin's Reports where this Court had adjudg'd it otherwise Or if it be Evidence whether the Belief of a Man that brings nothing to compare with it or ever saw the Party write be good Evidence as a Comparison of Hands Then Mr. Attorney General reply'd that this was Evidence though not so strong as if they had brought those that had seen then write yet Evidence it was and whether it were sufficient that they submitted to the Jury Then Mr. Attorney General prov'd it to be Evidence from Sydney's Case where Evidence upon Comparison of Hands caste him And for the same purpose Mr. Recorder instanced in Sir Samuel Barnardiston's Case but was presently filenc'd by Sir Robert Sawyer who told him that Sir Samuel there owned his Hand Mr. Justice Powel and Mr. Holloway then declared that they thought the Proof too slender in this Case for that it ought to be stronger in Criminal Matters than in Civil Therefore the Court being divided the Ld. Ch. Justice told Mr. Sollicitor he must go on to some other Proof And then Mr. Blathwayt was sworn who looking on the Paper deposed that he did believe that to be the Paper which the Ld. Arch-Bishop and the other six owned at the Council-Table the 8th of this Month where when they appeared the first time they were asked if they did own that Paper they immediately answered that they humbly hoped as they stood there Criminals his Majesty would not take Advantage against them but however they would obey his Majesty's Command Thereupon they were commanded to withdraw which they did That when they came in the second time they seemed unwilling to own the Paper saying as they did before and denying the publishing of it That the third time they attended they did all own it and the Arch-Bishop said it was all written with his own Hand and that he had not made use of his Clerk the King not making any Promise to them that
proclaimed above an hundred hist at it and cried No King's-Man no Sword-Man one of whom he laid hold on but the Crowd was great and he was call'd away to guard the Lord-Mayor whom he found down upon his Knees and the People crying Press on press on and God save the Sheriffs He guarded the Lord-Mayor home and came again for awhile and saw the two Sheriffs concerned in carrying on the Poll for some time Major Kelsey deposed That he followed the Lord-Mayor then out of the Court and some cried Stop him stop him and gave a Shout and he saw the Lord-Mayor's Hat upon his Back and he was down himself but the Press was so great he could not tell who was there Mr. Trice Hammond deposed That he saw there that Evening the Lord Grey Mr. Key Mr. Cornish Mr. Goodenough and the two Sheriffs Sheriff Shute making Proclamation himself upon the Hustings because one or two had refused it for the adjournment of the Court and this was two hours after the Lord-Mayor had adjourn'd the Court. Then Mr. Higgins depos'd That when God save the King was said he heard the People say God save the Protestant Sheriffs and cry'd Down with the Sword and after he had attended the Lord-Mayor home he returned thither again and saw there one Free-man whom they call'd the Protestant Cheese-monger calling To poll to poll That he saw Mr. Alderman Cornish come up to the Sheriffs and tell them they were doing right and say to Sheriff Shute You shall have all right done to you That he saw also Mr. Swinnock and Mr. Jekyll the Elder there Mr. William Bell deposed to Mr. Cornish Mr. Bethel and Mr. Pilkington's being there Mr. Vavasor swore to Mr. Cornish and the two Sheriffs being there and that had it not been for Mr. Hammond he had been trod underfoot Mr. Denham deposed That he saw Sir Thomas Player and Mr. Jenks there in the Yard Mr. Farrington swore That he saw there the two Sheriffs Sir Thomas Player Mr. John Wickham the Scrivener in Lothbury Mr. Jenks the Linnen-Draper Alderman Cornish Babington and one Jennings an Upholsterer and that his Toes were trode upon and a mischief had been done him had it not been for Mr. Fletcher and Mr. Hill Mr. Cartwright deposed he knew the Names of none there only that he saw the Lord-Mayor had like to have been thrown down going out of the Hall after he had adjourn'd the Court had it not been for Mr. Shaw and that going to save him he wrenched his back and spit Blood for seven days after Then Mr. Shaw depos'd That the Lord-Mayor coming down the steps there was such a crowd that if he had not catched him in his Arms he had fallen upon his Forehead and his Hat was off Then Mr. Kemp depos'd that Mr. Deagle confessed to him that he was there about seven at Night And Mr. Rigby swore That he saw Master Deagle there among the Crowd about that Time After this Mr. Williams of Counsel for the Defendants urged That none of the Cries or Hissings were fixed upon the Defendants nor were they concerned therein though they were there And that it was a Question Whether the Right of Adjourning was in the Lord-Mayor And if not that then here could be no Riot Sir Francis Winnington spoke to the same purpose for the Defendants And then Mr. Thompson call'd Sir Robert Clayton who deposed That in his Mayoralty there was a Poll for the Election of Sheriffs and that he left the management thereof which lasted five or six days wholly to the Sheriffs as belonging to them and that when it was adjourned from Saturday to Monday he supposed it was done by them he not thinking it did belong to any Body else Mr. Love then deposed That two and twenty Years ago he was Sheriff and upon the Election of new Sheriffs the Lord-Mayor left the management of the Hall to him and his Brother Sheriff bidding them look to their Office never interposing at all and if he had truly he should have bid the Lord-Mayor have looked to his Office The management of the Hall at Elections having always been judged in his Time the Right of the Sheriffs Then Mr. Holt urg'd for the Defendants That this Assembly upon such a Supposition of the Sheriffs Right could not be made a Riot so long as no Extravagances were committed And Mr. Wallop spoke to the same purpose And then Mr. Deputy Sibley deposed That he had been on the Livery every since 1639 and that he never remembred any Lord-Mayor to interpose in Elections till here of late it being always left to the Sheriffs as belonging of Right to them And Mr. Winstanley swore That the Poll in Sir Robert Clayton's Time was managed by the Sheriffs Then Mr. Jackson deposed only That the Crowd was so great he could scarce see one way or other But Mr. Roe deposed That he then saw a matter of an hundred with their Hats upon Sticks crying Damn the Whigs saying the Work was done to stop the Poll. Whence the Defendants Counsel inferr'd That if there were any rudeness those very People that came with the Lord-Mayor were the cause of it After this Mr. Attorny General called Sir Simon Lewis and Sir Jonathan Raymond who were Sheriffs when Sir Robert Clayton was Lord Mayor and they both deposed that they took the Lord Mayor's Directions and that he did Adjourn the Court and they only appointed from Day to Day till the Pole was ended Sir James Smith who was Sheriff the Year after Sir Robert Clayton deposed That he never heard it questioned but that the Lord Mayor had the right of Adjourning And then Mr. Common-Serjeant related the whole passage and deposed That Sir Robert Clayton did Adjourn the Court himself After which Mr. Williams urged particularly in defence of the Lord Grey that he was there only accidentally coming to Sir William Gulston with whom he was treating about selling the Mannor of Corsfield in Essex one Mr. Ireton who treated for him deposing That there was such a treating on foot and that he heard of an appointment to meet again And Sir Thomas Armstrong deposed That he saw Sir William and my Lord together that night about eight a Clock After which the Counsel for the Defendants urg'd That the Case being so probable their insisting upon it would not make it a Riot and that the Assembly was not continued in a tumultuous Manner but with a good Intent and it could not be a Riot unless there were an evil Intention to do some mischief instantcing in the Case of Sir Robert Atkins Then Mr. Attorny General summ'd up the Evidence asserting that Assembly to be unlawful after the Adjournment of the Lord-Mayor and a being present therein and countenancing it was enough to make them Guilty of the Riot The Lord Chief Justice summ'd up much to the same purpose And then the Jury withdrawing for some time brought in all the Defendants Guilty of the Trespass