six more of the honourable and most valuable Gentlemen of that County p. 268. Heads of Informations before the House of Lords about the Murders of my Lord Russell Col. Sidney Sr Tho. Armstrong Mr Cornish c. p. 273. An Account of Charters Dispensations and Pardons passed between October 1682 and the late King's Abdication p. 312. Copies of some Papers relating to the fore-going Informations p. 316. Copy of Colonel Sidney's Plee p. 320. The Names of the Grand and Petty Juries return'd upon my Lord Russell p. 324. The Grand and Petty Juries return'd upon Alderman Cornish and Mrs Gaunt p. 328. The Pannel of Jurors returned upon Colonel Sidney p. 331. The solemn dying Declarations of seven Persons executed for the Conspiracy against the Life of King Charles the second and the Duke of York p. 335. REMARKS Upon the Tryal of Mr Laurence Braddon Mr Hugh Speke Upon an Information about the matter of the Murder of the late Right Honourable Arthur Earl of Essex THis Excellent Person and right Noble Peer the Earl of Essex did to say no more equal the best and most deserving of his Contemporaries in zeal and resolution steadily to assert and defend our Religion Laws and Liberties in the day in which they were most highly threatned and most dangerously invaded His Lordship and that sure and never shaken Friend to the right English Government and to the Interest of his Country His Grace the Duke of Bolton then Marquess of Winchester were usually if not always in the Chaire of the secret Committees of the House of Lords which inspected the business of the damnable Popish Plot and which was a Consequent of it the horrid Murder of Sr Edmundbury Godfrey who was made the first Sacrifice to the Popish rage for prying into that Arcanum His Lordship the Earl of Essex added also greatly to his Crimes in being Chaire-man of that Committee of Lords which prepared matters for the Tryal of that great Conspirator Colman the Duke of York's Minion and Secretary And he contracted a further and never to be forgiven Guilt in that soon after the astonishing dissolution of the Parliament in January 1680 and the King's Declaration of his Resolution to hold the next Parliament upon the 21st of March 1680 at Oxford several Noble Lords agreed upon a Petition to advise the King against that Resolution and their Lordship 's pitched upon the Earl of Essex to present it as he did upon the 25th of January 1680 and then made a Speech to his Majesty which deserves eternal Remembrance it was to this effect ☞ That the Lords there present with other Peers observing how unfortunate many Assemblies have been when called remote from London particularly the Congress at Clarendon in Henry the second 's time Three Parliaments at Oxford in the time of Henry the third and the Parliaments at Coventry in Henry the sixth's time with divers others which have proved fatal to those Kings and brought great mischief on the Kingdom And considering the Jealousies and Discontents amongst the People They apprehended the consequences of a Parliament at Oxford might be as fatal to the King and the Nation as those were to the then Reigning Kings and therefore they conceived they could not answer it to God to his Majesty or to the People If they being Peers should not offer him their advice to alter that unseasonable resolution The Petition was to this effect That whereas the King by Speeches and Messages to both Houses had rightly represented the dangers threatning his Majesty and the Kingdom from the Plots of the Papists the sudden growth of a Foreign Power which could not be stop'd unless by Parliament and an Vnion of Protestants That the King in April 1679 having called to his Council many honourable and worthy Persons and declared that being sensible of the evil Effects of a single Ministry or private Advice or foreign Committee for the direction of Affairs That he would for the future refer all things unto that Council and that by their constant advice with the frequent use of the Parliament he was resolved hereafter to Govern They began to hope to see an end of their Miseries But They soon found their expectations frustrated and the Parliament dissolved before it could perfect what was intended for their relief and security And tho' another was called yet by many Prorogations it was put off to the 21st of October past That though the King then acknowledged that neither his Person nor the Kingdom could be safe till the Plot was gone thorow yet the Parliament was unexpectedly prorogned on the 10th of January before any sufficient Order could be taken therein That all their just and pious endeavours to save the Nation were overthrown The good Bills they had been industriously preparing to unite Protestants brought to nought The Witnesses of the Plot discouraged Those foreign Kingdoms and States who by a happy Conjunction with us might check the French Power disheartned even to such a despaire as may induce them to take Resolutions fatal to us The strength and courage of our Enemies both at home and abroad encreased And our selves leftin the utmost danger of seeing our Country brought into utter Desolation That in these Extremities they had nothing under God to comfort them but the hopes that the King touch'd with the Groans of his perishing People would have suffered the Parliament to meet at the day to which it was prorogued and no further interruption should be given to their Proceedings in order to the saving the Nation But that that failed them too for the King by the private suggestions of Wicked Persons Favourers of Popery Promoters of French designs and Enemies to the King and Kingdom * Innuendo Some Body their Names are even at this day worth the knowing lest any of them should creep into their present Majesties Councils without the Advice against the Opinion of the Privy-Council dissolved that Parliament and intended to call another to sit at Oxford where neither Lords nor Commons could be in safety but would be exposed to the Swords of the Papists and their Adherents of whom too many were crept into the Guards That the Witnesses against the Popish Lords and Impeached Judges could not bear the charge of going thither nor trust themselves under the Protection of a Parliament that is it self evidently under the power of Guards and Souldiers The Petitioners out of a just Abhorrence of such pernicious Council which the Authors dared not to avow and their direful apprehensions of the Calamities and Miseries that may ensue thereupon Most humbly prayed and advised That the Parliament might not sit at a place where it would not be able to act with that freedom which is necessary but that it might sit at Westminster This Petition was signed Monmouth Kent Huntington Bedford Salisbury Clare Stanford Essex Shaftesbury Mordant Eure Paget Grey Herbert Howard Delamer This humble Application and most necessary and seasonable Advice found
Boy brought home and added that the Boy never denyed it before Mr Braddon came but did afterwards that same day deny it as his Wife and Daughter informed him his Sister having put him into fear about it and that Mr Braddon did not desire the Boy to give it under his hand till he had been there two or three times William Edwards the Son aged 13 years was then sworn his Father like a very honest Man charging him in the presence of Almighty God to say nothing but the truth he said that he told his Father that he saw an Hand cast out a bloody Razour and a Maid come out and take it up and go in again That Mr Braddon asked him what he saw at the Tower and that he told him as he had told his Father and that Mr Braddon bad him speak the truth and wrote down what he told him and nothing more and then read it to him and ask'd him whether it were true and that he told him that all that was in the Paper was true and that he then put his Name to it Then the Chief Justice and King 's Counsel interrogating him he said that he did at first refuse to put his Name to it because he was afraid of coming into danger and being further pressed he added that the reason why he feared danger was because what was in the Paper was not true but consessed that he did not tell Mr B. that it was not true but that his Mother was afraid to have him sign it and declared upon the question put to him that Mr B. did not offer or promise him any Money Thomas Hawkins Son of Dr Hawkins of the Iower Protestant Confessor to Fitz. Harris the Papist being produced to contradict young Edwards The A. General suggested that they were together the whole Morning and that there was no such thing of the Razour as Edwards had declared but this Lad only testified that young Edwards and he walked round the Tower as long as the King walked that when the King went into the Constable's House they went to play after their play he left Edwards went home and that after he had been there a little time news was brought to his Father that the Earl of Essex had killed himself and that thereupon his Father went down and he followed and after he had been a little while there William Edwards came and they stood looking up at the Window an hour or two and went away together and that he saw no Razeur thrown out Upon this Mr A. General in a reproachful way said My Lord This rumour began in a Fanatick Family he might have been justly answered that Mr Edwards his Family was and is of as good reputation as one certain Doctor 's not to vie with more where the stifling of such Evidence as ran against the Stream had been some Years before notoriously practised But to return to the matter in hand is it not most evident that Mr Attorney was not rightly instructed For 't is manifest that the Lads were parted when the Murder was committed and the Razour thrown out the young Doctor declaring that he was in his Father's House when the news of the Earl's death came and then went with his Father to the place and 't is more then probable that in the crowd and distraction which must necessarily be there he might not at his first coming see young Edwards Next Mr Blathwayte and Mr Mon-Stevens the Earl of Sunderland's Secretary were called and sworn Mr Blathwayte appeared rather as an Advocate than a Witness against Mr Braddon They testified Mr Braddon's bringing the Information of young Edwards to my Lord Sunderland the Secretary's Office and that Edwards declared before the King that what was contained therein was not true and yet Mr Braddon would prosecute it The Information was then read to this following effect July the 18th 1683. The Informant saith that on Friday the 13th instant he heard that the King and the Duke of York were going to the Tower and that he went thither to see them and then went about nine of the Clock to see the Lord Brandon's Lodgings and as he was standing between these Lodgings and the Earl of Essex 's he saw an Hand cast out a bloody Razour out of the Earl's Lodgings and he was going to take it up but before he come to it there came a Maid running out of Captain Hawley's House where the Earl ledged and took up the Razour and carried it into the House and the Informant believes it was the same Maid which he first heard to cry out Murder and saith that he heard the Maid say to some about the Door after Minder was cryed that she heard the Earl of Essex groan three times that Morning Sr Henry Capel was then produced to thew as the Council urged that Mr Braddon prosecuted this matter on his head He testified that Mr Braddon was twice with him and that he told Mr Braddon that he was under great grief and that whatsoever he had to say in the matter he desired him to acquaint a Secretary of State with it * This very man Beech was the head Prosecutor of all Protestant Dissenters in the North of Wittshire and many of them paid him a yearly Tribute to avoid his rage When his present Majesty Landed he said that he hoped to see them hang'd that went in to him But a more famous Story of his Life was That his Father telling him that never Man was cursed in a Son as he was in him he replyed That he knew one who was more unhappy which was his Grandfather in him upon which occasion and for his constant course of disobedience his Father deservedly disinherited him Becch who occasioned Mr. Braddon to be seized in Wiltshire at the time when he went to make enquiry there about the Reports of the Earl's having murdered himself before he was dead testified the taking from Mr Braddon a Letter of Mr Speke's to Sr Robert Atkyns which was to this effect viz. That the bearer Mr Braddon was a very honest Gentleman and it was his fate to be the only Person that prosecuted the Murder of the Earl of Essex That he had made a considerable discovery already of it though he rowed against an hard stream That it could never have fallen on so fit a Man for he had been an hard Student and was of very good Reputation and Life and had a great deal of Prudence and as much Courage as any Man That Mr Braddon went away Post towards Marlborough to make some further discovery and seeing he went into those parts Mr Speke thought it not amiss for Mr. B. to advise with Sr R. Atkyns how he had best proceed That he had charged Mr B. not to discover who he was lest it should be known that he had been with Sr Robert Atkyns for he would not for the World that Sr Robert should come to any Prejudice for his kindness
death It s proved by eight several Witnesses that before my Lords death or before it could be known it was reported that the Earl of Essex had cut his Throat in the Tower amongst the rest it was at Frome which is about one Hundred Miles from London the Wednesday Morning and at the same time at Andover about sixty Miles from London though at neither of these places especially the former could it then be known the Earl was a Prisoner in the Tower his Lordship being not committed to the Tower till the Tuesday in the Afternoon All these Reports agreed in the manner how viz. cutting his Throat and the place where viz. the Tower and which is further at Andover the Wednesday Morning before my Lords death it was reported not only in the manner how and place where but likewise the pretended Reason wherefore was given for it was then and there said that the Earl of Essex being a Prisoner in the Tower and understanding that the King and Duke were come into the Tower his Lordship was afraid the King would have come up into his Chamber and seen him of which his Lordships guilt and shame would not bear the Thought and therefore he did cut his Throat to avoid it This being declared two days before my Lords death when it could not have been in the least fore-thought that the King and Duke would have come together into the Tower where they had not been above twice together since the Restoration I say this previous Report which so particularly cloathed this action with the how where and wherefore clearly proves That all things were so resolved upon to be done or otherwise it is impossible it should have been reported under these three essential Qualifications as to manner place and reason before it was indeed done especially at Andover where it could not then be supposed to be known that my Lord was so much as a Prisoner in the Tower this Reason the Papists themselves gave out just after my Lords Death Secondly What passed the day my Lord Dyed These then attending on my Lord viz. Russell and Monday the Warders Bomeney the Servant and Lloyd the Centinel at the door did all deny that day my Lord died that there were any Men let into my Lords Lodgings that morning before my Lords Death But now it appears that there were some Ruffians a little before my Lords death sent into his Lodgings to Murder him which they did accordingly R. Meake A Soldier in the Tower that morning my Lord of Essex was Murdered about one of the Clock that very day near Algate told B and his Wife That the Earl of Essex did not cut his own Throat but was barbarously Murdered by his Royal Highnesses Order For the said Meake declared That just before the Earl of Essex's Murder his Highness sent two Men to the Earls Lodgings to Murder him which after they had done they threw the Razour out of the Window Likewise a Soldier that morning in the Tower about a eleven a Clock that morning my Lord dyed in Baldwines-Gardens informed G. and H. that the Earl of Essex did not cut his own Throat but was barbarously Murdered by his Royal Highnesses town Order For the Soldier then declared that a little before the Earl's Murder his Royal Highness parted a little way from his Majesty and then two Men were sent into the Earl's Lodgings to Murder my Lord which when they had done they did again return to his Highness Mr E declares That he saw his Royal Highness just before the Earl's Death part a little from his Majesty and then beckned to two Gentlemen to come to him who came accordingly his Highness thereupon sent them towards the Earl of Essex's Lodgings and about a quarter of an hour after this Informant saw these very two Men return to his Highness and as they came they smiled and to the best of this Informants hearing and remembrance said the Business was done upon which his Highness seemed very well pleased and then went to his Majesty to whom the News was immediately brought that the Earl of Essex had cut his Throat Lloyd the Centinel at my Lords door the day my Lord died till the twenty first of January last did deny the letting in of any men and Russell and Monday still deny it but now Lloyd doth confess that just before my Lords Death two or three men by Major Hawley's special Order were let in and immediately he heard them as he did suppose they were go up Stairs into my Lord's Room where there was a very great bustle and stir so great that the Centinel declared he would have forced after them had not the first door been made fast upon the bussle he heard some-what thrown down like the fall of a man which he did suppose was my Lords Body soon after which it was cryed out my Lord of Essex hath cut his own Throat Here is not only these mens going in but a great bustle confessed immediately thereupon to ensue in my Lords Room and the Body of a man in this bustle to be thrown down this is in a close Prisoners Room where no one is admitted but his Servant and those that kept the door denyed upon Oath that any were in my Lords Chamber that morning my Lord dyed before his Death But these Warders being supposed privy to the Fact would not own the admitting of those men which themselves let in with such a Murtherous design and it is to be presumed that this Centinel was not a stranger to the matter but enjoyned to secrecy for otherwise he would never have declared to a Friend under a repeated request of secrecy that this Confession as before laid upon his Conscience and troubled him night and day for tho' it was indeed very true that he did let in these men it was what he should not have confessed This Consirmation to his acquaintance under a great and repeated injunction of secrecy argues first that this Confession was indeed true Secondly That there is some cursed Confederacy its probable by Oath entred into to stifle this Murther for what other probable reason can be assigned for that trouble of Conscience in this Confession seeing himself at the same time declared it was true tho' he should not have said it There are some other arguments that this Centinel was particeps Criminis in the Privity first his retraction in part of what he did confess for upon his being first apprehended he owned the throwing out of the Razour before my Lords Death was known but now he retracts and disowns it Another instance of his privity is his now prevaricating in his now pretending that these men were let in an hour or more before my Lords Death whereas at first he declared they were let in before my Lords Death for as soon as let in he heard several go up Stairs into my Lords Room and heard the bussle c. as before A third argument of this Centinels
Henry 6th time Sr Philip Lloyd and Mr Bridgman Clerks of the Council then testified that Fitz-Harris acknowledged the Paper of Instructions given to Everard to be his own hand-writing The Prisoner then called his Witnesses and Dr Otes testified that after the Business was talked abroad he discoursed Everard about the Libel and asked him what the design of it was and he told him it was to be Printed and sent by the Penury Post to the Protesting Lords and leading Men of the Commons and they were to be taken up as soon as they had it and to have it found about them And that Everard told him the Court had a hand in it and the King had given Fitz-Harris Money already and would give him more if it had success Sheriff Cornish was then called and the Prisoner demanded of him what the King said to him when he came to his Majesty from him from New-Gate whether the King did say Fitz-Harris was employed by him and received any Money and what for The Sheriff answered when I gave his Majesty an account that I found the Prisoner disposed to make a Discovery he was pleased to tell me he had often had him upon Examination and could make nothing at all of what he did say or discover to them and that he had for near three Months before acquainted him that he was in pursuit of a Plot and the King did say That in as much as he made great Protestation of Zeal for his Service he did Countenance and give him some Money Mr Attorney seeming to be under a surprize at this Evidence demanded of the Sheriff whether the King ever declared that he saw Fitz-Harris in his Life or that he ever was in his Presence Mr Sheriff answered yes The Attorney said Ay! but did the King say he ever saw him before he was Arrested for this Fact The Sheriff replyed yes his Majesty said he came to him about three Months before and pretended he would discover a great Plop to him Then the Prisoner called Colonel Mansel and demanded what he heard Sr William Waller say after the Discovery was made Colonel Mansel testified that he heard Sr W. Waller say that when he had acquainted the King with this business he told him he had done a great piece of Service and gave him thanks but that Sr William was no sooner gone but two worthy Gentlemen told him that the King said he had broken all his measures and he would have him taken off one way or another And Colonel Mansel added that Sr William said That the design was against the Protestant Lords and the Protestant Party Serjeant Maynard upon hearing this declared that he did not doubt that it was against the Protestaut Party Mr Hunt being called by the Prisoner said that Sr W. Waller told him and others That the King gave him particular thanks for detecting Fitz-Harris but that he was told by two Gentlemen of undoubted Credit that heard the King speak it that his Majesty was in extream Passion and said He would give any thing to take him out of the World that he was an insufferable vexation to him and that he had broken all his measures and that Sr William said the same at Oxford in the prefence of Sr Philip Harcourt and of my Lord Radnor's Son Mr Roberts and did also say it was a design to make these Papers Evidences of Rebellion and that this was the Counter part of Dangerfield's Plot and that he hoped he would not deny it if he be asked here he is Sheriff Bethel then testified that Everard told him he wrote the Libel and that before Everard knew him or heard him speak a word in his days he put in an Information of Treason against him at the instigation of his Mortal Enemy and it was so groundless that tho' it was given in three years ago he never heard a word of it till Friday last Mrs Wall was then called by the Prisoner he demanded of her whether he had not conveyed some Libels and Treasonable Papers to the King by her means and received Money upon that account but she would not acknowledge it He then asked her whether it was not about Christmas was twelve Month that he gave her the Libel about the King and her Lady and the King thanked him extreamly and he had 250 l. given him and he said to her Come Mrs Wall don't think to trick me out of my Life can you deny that I had the 250 l. speak had I the 250 l. Mrs VVall answer'd That was not the Question you ask's me at first There was 250 l I think it was 200 or 150 or 250 l. you know it was not for any Libel you once told me you could bring in People to the King and Duke's Interest that were very considerable and the Secretary of State desited to know who they were and you named one Thomas Merry and my Lord Howard of Escrick and the Secretary desired me to get him in if I could Fitz-Harris then demanded of her whether he did not come to her the Wednesday before he was taken and tell her he desired to speak with the King and that he had a Libel to present to him Mrs Wall answered No it was the Thursday you desired me to bring you to the Speech of the King which was a thing you never desired before and you said you believed you could say something to him that might do him Service but she denyed that he said any thing to her of the Libel Upon further questions put to her she said that Fitz-Harris was never admitted to the King and that the King never took notice of him or spoke to him by her means and that the Money was paid for the bringing of my Lord Howard who came first to her two years ago and whether it be a year and an half since his Lordship met with the King she said she could not tell Mr Cowling declared That Mrs Wall told him that the second or third night before he was taken Fitz-Harris came to her to bring him to the King but she asked him why he did not go to one of the Secretaries and he said that he could not do that without being taken notice of and that she then said to him Write down your Business and I will carry it to the King and he said No I will not do that and that she thereupon replyed I must then beg your pardon if I don't bring you to the King My Lord Howard then testified That about ten or fourteen days before the Sitting of the Parliament in October last Fitz-H applyed to him in the King's name to have him wait upon the King but that he declined it and that he then pressed his Lordship to wait upon the Dutchess of Portsmouth and when he came to her he found the King there his Lordship added that if the 250 l. were given for bringing him thither he feared the King did not think he deserved it That
trayterously assemble consult and agree with the Lord Brandon and other Traytors to raise Money and procure Armed Men to make a Rebellion and to seize the City and Castle of Chester with the Magazines and that upon the 27th of May he took a Journey from London to Mere to accomplish his Treasonable intentions and that upon the 4th of June he incited divers to joyn with him in his Treason To this Indictment his Lordship pleaded Not Guilty Jeffryes then addressed himself to the Lords to this effect Note my Lord Delamere was at that time in the House of Commons and a great Promoter of the Bill of Exclusion That their Lordships could not but remember the insolent Attempts made upon the unalterable Succession to the Crown under the spetious pretence of Religion by the fierce froward and Fanatical Zeal of some of the Commons which had been often found the occasion of Rebellion That that not prevailing the Chief Contrivers of that horrid Villany consulted how to gain the advantage by open force and in order thereto had several Treasonable Meetings made bold and riotous * The Duke of Monmouth's progress into Cheshire the West Progresses in several parts of the Kingdom to debauch the minds of the well-meaning tho' unwary part of the King's Subjects That God frustrated their evil purposes by bringing to Light that cursed Conspiracy against the Life of the late King and his present Majesty That one would have thought these hellish and damnable Plots could not have survived the just Condemnation and Execution of some of the †Innuendo Lord Russel Col. Sidney c. Chief Contrivers of them especially considering that no sooner the present King was seated in his Throne but he endeavoured to convince the world that he had quite forgot those impudent and abominable Indignities that had been put upon him only for being the best of Subjects and best of Brothers and also gave the most benign Assurances imaginable that he would approve himself the best of Kings And to evince the reality of his gracious Resolutions he called a Parliament and there repeated and solemnly confirmed his former Royal Declarations of having a particular care of maintaining our Established Laws and Religion And yet at that Juncture that wicked and unnatural Rebellion broke out and thereupon the Arch-Traytor Monmouth was by a Bill brought in the lower House and passed by the general consent in both Houses and I could wish my Lords for the sake of that Noble Lord at the Bar that I could say it had passed with the consent of every particular * The Lords are here told that my Lord Delamere opposed the Bill to attaint the D. of Monmouth Member of each House justly attainted of High Treason After this harangue he concluded thus My Lords what share my Lord at the Bar had in those other matters I must acquaint you To what end then was this malitious Tale told is not within the compass of this Indictment for which you are to try him for that is a Treason alledged to have been committed in the present King's Reign Then Sr Tho. Jenner the Recorder of London opened the Indictment The Attorney General then aggravated the Charge saying We crave leave to give a short Account of a former * The Plot in 1683. design Cheshire the Province of this Noble Lord was one of the Stages where that Rebellion was principally to be acted and preparatory to it great Riotous Assemblies and Tumultuous Gatherings of the People were set on foot by the Conspirators We shall prove that a little before the Rebels came over this last Summer the Duke of Monmouth dispatched one Jones into England to let his Friends know that tho' he had intended to go into Scotland and begin there he was resolved for England with this he was to acquaint some Lords particularly the Prisoner And also to acquaint them that they should have notice four or five days before of the place of his Landing and that then the Lords should repaire immediately into Cheshire there to wait for the News We shall give you an account that the late Duke of Monmouth lookt upon Cheshire as one of his main supports and upon my Lord Delamere as a principal Assistant there Jones was to communicate his Message to Captain Mathews who was to transmit it to this Lord and those concerned with him Jones arrived upon the 27th of May but Mathews nor Major Wildman to whom he was to apply in the absence of Mathews was not to be found Thereupon he sends for one Disney since executed for Treason and one Brand whom your Lordships will hear of and communicates his Message to them and they undertake to deliver it to the Persons concerned That very night My Lord this same Brand Disney met this Noble Lord and give him an account of the Message and as soon as ever he received it upon the 27th of May at ten at Night my Lord dispatches out of Town with only one Servant and two other Friends that he had pick'd up With all these Badges of Plot and Design does my Lord Delamere set out the same night Jones came to Town he chose to go all the By-Roads and went with great speed to repair into Cheshire by the name of Brown by which he was known among all his own Party by that name several of the late Duke of Monmouth's Trayterous Declarations were sent for to be sent to him or by him into Cheshire When he comes into Cheshire he actually sets about the work to put that County in a forwardness This means the impudent but ridiculous story of Saxon which could never obtain upon any but the Credulous Prosecutors of this Noble Lord who were disposed to believe any thing to assist in the Rebellion endeavours to stir up the People to joyn with him and acquaints one that he employed in that Affair that he was engaged to raise so many Thousand Men and so much Money to be ready by such a day My Lords We shall plainly shew you all this in plain proof Then Mr Attorney called their old Drudge at swearing my Lord H. of E. and demanded of him his oft repeated History of a design of an Insurrection that was to have been in the late King's time and what share Cheshire was to have in it The Lord H. told his thrid-bare history of the Plot in 1682 and 1683 but not a word of Cheshire and said that he knew nothing concerning my Lord Delamere The Lord Grey was then called and said That about the time of the contested Election of Sheriffs The Duke of Monmouth and Earl of Shaftesbury resolved that they would make what interest they could to procure a Rising in three several parts of the Kingdom at once one in Cheshire whether the Duke of Monmouth was to betake himself and there to be advised by my Lord Macclesfield my Lord Brandon my Lord Delamere that then was
and the Prisoner what Gentlemen to apply to for joyning in the Design The second was in London which was assigned to be the Province of my Lord Shaftesbury and the third in the West under the care of my Lord Russell and that the Duke accordingly went his Progress into Cheshire That soon after Mr Crag came over to Holland as I was informed from Major Wildman and gave an account that Men and Money were prepared thereupon the Duke sent over Captain Mathews to Major Wildman to desire him to meet with my Lord Macclesfield Lord Brandon Lord Delamere and I think Mr Charleton and acquaint them that he had ordered his own Affairs to joyn with the Earl of Argyle He likwise sent Crag with a Message to the same purpose to other Friends in London and he dispatched away one Battiscom into the West to prepare things there When Crag returned to the Duke he gave him an account that Major Wildman had procured a Meeting with those Lords and Gentlemen who were all of opinion that the Duke should go for Scotland That Crag said the Prisoner was there There was also a particular Message from Major Wildman to the Duke that he desired he would bring over with him a Broad Seal to seal Commissions with And would take upon him the Title of King Jones came some time after Crag returned and gave an account of other things conformable to what Crag had said and was sent again to England by the Duke to give an account that he was ready to Sail and would land by that time he could get thither The Attorney General demanded of the Lord Grey upon whose assistance the Duke of Monmouth relied He answered I suppose few will believe we were so weary of our Lives 〈◊〉 to come and throw them away with threescore or a few more Men except we had expectation of good Asâ—istance The Duke did very much depend upon Cheshire and upon my Lord Macclesfield my Lord Brandon and my Lord Delamere Mr Nathaniel Wade being sworn â—estified that after the death of King Charles Captain Mathews came to Amâ—terdam and brought word that the Duke of Monmouth would shortly come â—hither to consult with my Lord Argyle and thereupon Mr Wade was sent into Freezland to desire the Earl of Argyle to â—ome to Amsterdam which he did That the Duke and his Lordship haâ—ing concerted matters the Duke sent Captain Mathews to England who amongst other things was to go to the Duke's Friends in Cheshire amongst whom my Lord Delamere was named â—nd the business was to desire them to â—ssist him when he should land That a little after Captain Mathews went Crag came over from Major Wildman to desire them to endeavour a good understanding between the Duke and Argyle who were then at some difference That a little after he was sent back to Major Wildman to desire him to assist them with some Money and he went and returned but brought no Money that thereupon Crag was sent again by the Duke because he did not send him at first the summ demanded was 6000 l. or 4000 l. and at last he sent for 1000 l. That Crag returned with answer that they could not assist them with Money for that they did not know to what end they should have Money but to buy Arms and for that the People were well provided already Whereupon the Duke sent Crag and pawned all his Jewels and fitted out three Ships laden with Ammunition and resolved to go for England having so promised the Earl of Argyle and desired by Mr Crag that since the Lords and Gentlemen who were to assist him had sent no Money they should repair into their own Countries to be ready when he should come That after the Duke Landed he so ordered his march as most conveniently to meet his Cheshire Friends and in pursuance of it They came to Keinsham-Bridge where a Party of the King's Horse set upon them and the Duke's Party took some Prisoners but went not over the Bridge thinking it advisable not to let the King's Army joyn but to go back and engage those that were come together That before Crag's going last away Jones came over to know why VVe stay'd so long and he was dispatched to acquaint them the Duke was coming and was directed to Major Wildman and amongst the rest to my Lord Delamere my Lord Macclesfield and my Lord Brandon to raise what Forces they could to assist him My Lord Delamere then declared that he had never seen Mr Wade's face Then Richard Goodenough witnessed That Mr Jones was sent to my Lord Delamere to give him notice to be ready against the Duke's Landing and to take care to secure himself that he might not be seized in Town That they were informed in Holland that my Lord Delamere was one of the Lords that had promised to draw his Sword in the Duke's behalf and that the Duke told him that he hoped my Lord Delamere would not break his promise with him The High Steward said My Lord Delamere will you ask him any Questions My Lord Delamere answer'd No my Lord I never saw his face before The High Steward replyed That is pretty strange so famous an Under-Sheriff of London and Middlesex as he was Mr. Jones being next sworn testified That he went to Holland where he had business about the latter end of April last That Mr Disney had darkly communicated to him that there were intentions of doing something and desiring to know more of the Design the night before he went he acquainted Disney with his intended Journey and that he intended to see the Duke of Monmouth and if he had any Message to him he would deliver it safely That Mr Disney told him all the Message he should deliver was To desire the Duke to keep to the last conclusion which he would find in a Letter that had been sent to him by the Crop-hair'd Merchant which Message was That the Duke's Friends would not by any means have him come for England but to continue where he was or if he thought fit to go for Scotland they approved it That when Jones came to the Duke and delivered the Message he was in a great Passion and reflected very much on Major Wildman and said 't was too late to send such a Message now for he was resolved to come for England and would make Wildman Hang with him or Fight for it with him That Wildman did think by tying his own Purse to tye his Hands but he should find it should not be so That the Duke told him Money was very short and he had pawned all he had to raise what Money was raised That he would be glad Jones should return to England as soon as he could and that he should tell Wildman that he would come for England and he should either Fight with him or Hang with him and that was all he had to say to him That going again to the Duke the same evening he told him he
receive it till after the Tryal Mr Hagar deposed That he thinks he knew Keeling was a Witness against Captain Walcot but did not then offer himself to be a Witness because times were so difficult but when he heard of my Lord Russell's Tryal he acquainted his Lordship's Servant with what he has now sworn and that he attended at the Tryal but Keeling was no Witness Mr Bates deposed That he believes he told what he hath now sworn about Keeling's Declaration at the Fleece Tavern to twenty persons before the Lord Russell's Tryal and that he heard Keeling say in the Amsterdam Coffee-House It is reported that I have discovered a Plot of the Duke of Monmouth my Lord Russell and others but I know nothing of it and am innocent and falsly accused Mr Haly deposed that he remembers not that he spoke of what he has now sworn to any Person for times were such he was affraid to speak of it John Keeling deposed that Josia Keeling his Brother who gave his first Information upon Oath to Sr Leoline Jenkins upon the 12th of June 1683. came to him the next day and called him out and carried him into the Company of Goodenough at the Dolphin-Tavern where they talkt of taking off the Black-Bird and the Goldsmith meaning the King and the Duke That the Company being parted he the said John Keeling told his Brother that he did not understand that Gibberish and therefore would not be concerned That his Brother then carried him to one Mr Peckham at the Fleece-Tavern in Southwark where Peckham encouraged him and told him if he would be a Witness he should be well rewarded Then he carried him to two Gentlemen whom he knew not to the Flanders Coffee-House who encouraged him and would have had him to a Dinner but he declined it That then his Brother told him he must go with him to Secretary Jenkins to give Information of what he had heard to which he shewing aversion his Brother told him he must go thither or to Newgate and so he was compelled to comply That he gave notice to Mr Tory his Brother's Master how his Brother had trapan'd him An honest Whigg Tory Citizen living in St Martins Legrand and is reckon'd the only Tory in London who at all Elections votes for the true English Interest and made him to swear and that he acquainted Mr Jones therewith and desired him to give notice to the Persons accused That he did not believe the Plot till he saw the Proclamation and understood that Lee the Dyer came in for a Witness That his Brother had 500 l. of the King and brought it to a Coffee-House That he the said John Keeling was subpenaed to be a Witness against the Lord Russell and was sworn to give Evidence to the Grand-Jury but was not examined Mr Nathaniel Wade deposed that Josia Keeling accused him of being in the Rye-Plot tho' he had never been above twice in his company That at the Salutation Tavern in Lumbard-street he heard Keeling * He was ordered by Jenkins to draw Men in and that he might accomplish it They gave him Licence to talk Treason speak very extravagantly and say he would do some brisk thing and that thereupon Mr Nelthorpe said I prethee be not mad And that presently after Mr Wade heard his own Name in a Proelamation Mr John Tisard deposed that at my Lord Russell's Tryal four Gentlemen told him that Keeling who was to have been the first Evidence against his Lordship had confessed that he was to meet some Gentlemen at a Tavern who were to give him Instructions what to swear but he said when he had received the Instructions he would make a discovery That however Keeling was not produced against my Lord and he believes the reason was because some were apprised of the defence which his Lordship would have made against his evidence Mr Nathaniel Gael deposed that by the perswasion of Keeling's Mother he procured 100 l. to be lent to him by Mr Wolfe a Merchant to supply his necessities which Keeling repaid three Months after which was after he was an Evidence Josia Keeling being examined declared That he remembers not that he was in an Agony or trouble at the Fleece-Tavern or that he told the Company there he was to meet any Persons concerning the discovery of a Plot or that he was promised a Groat or Employment or that he desired them to bear Witness against him if he pretended to say any thing of a Plot or that he knew nothing That he was subpenaed at the Lord Russell's and Walcot's Tryal and was there during the whole Tryal of the Lord Russell That he applyed himself to the Lord Privy Seal at his House to help him to his place in the Victualling Office and he thinks he applied also to the D. York That he after reminded the Lord Hallifax going up into the Gallery at Whitehall and after that he heard he had his place he thankt him that Evening and he continued in his place till within these six Weeks That he had Money of the King as Subsistance and also received 500 l. of Mr Duncumb the Banker That the King told him he should have 100 l. a Year but he never had it Mr Aaron Smyth deposed That he was a Prisoner in the Tower when my Lord Russell and Colonel Sidney were tryed and was kept close Prisoner above nineteen Weeks at 5. l. a week charge and two Warders watched him or lay in the Room That one of his Warders told him that Mr Ambrose Philips was come to speak with him and had an Order from one of the Secretaries to come as often as he would and bring whom he would along with him but then he was alone When Mr Philips came in after some other discourse he told him it was in his Power to make himself what he would for said he you know this Rogue Sidney is a Traytor and you way make your self what you will if you will DISCOVER what you know of his designs against the Government That he replied he could not say any thing that could touch a Hair of Colonel Sidney's head and that then Mr Philips said If he might advise the King he would have all the damn'd Whig Rogues hanged and for your part any Body knows you are Guilty Sr Ambrose Philips being examined confessed that Aaron Smyth had been his Client and there was a Friendship between them and he thought he might have prevailed with him to have declared what he knew which he thought would be a service to the Publick and service to himself That he cannot be positive whether Mr Roger North gave him an Order to go to Aaron Smyth or told him he should find an Order with the Lieutenant of the Tower That he used to Mr Smyth the Arguments a Friend might do and told him he came not to trapan him nor would he discover more of what he would tell him but what he would give
the Pannel and either he or his Clerk told him that Burton and Graham hadit and when he came again in the Evening to them for it one of them told him They had orders from above not to let him have it Sr James Forbes deposed that the Dake of Monmouth desired him to shew Mr Hambden a Paper written with the King 's own Hand which was for the Duke's owning of the Evidence of Romsey and others That he told the Duke that that Paper would make him infamous and would be a means of destroying many Men's Lives whereupon the Duke sent him with the Paper to the Earl of Anglesey who upon the reading of it presently wrote a a Paper of Reasons against it That before Sr James went to the Earl of A. the Duke told him if it were so as he had told him he would have the Paper again tho' he dyed for it whereupon Sr James ask't him how he would get it That the Duke said the King would shew it him and then he would tear it out of his Hand and then further said the Duke of York was his implacable Enemy That as soon as Mr Hambden had read the Paper he said he was a Dead Man and ask't leave of Sr James to shew it to his Father which he consented to That he returned to the Duke and gave him the Earl of Anglesey's Reasons against the Paper together with his own thoughts of it whereupon the Duke replyed that he saw they had a mind to ruine him and he was only brought into Court to do a Jobb and that he would not Sleep before he had retrived the Paper That the Duke told him how kindly the King had expressed himself to him and Sr James desired the Duke to save Colonel Sidney if possible but he feared he could not but said he had told the King how good a Man the Lord Russell was and how unjustly he had been put to death That at the desire of Mr Hambden the Duke went to visit him before he had his Pardon tho' he thought it to be very dangerous and was with him two or three Hours in private and Sr James believes it was about saving the Colonel's Life That the Duke's Servants told Sr James at the Cock-Pit that they were ordered not to suffer any of his old Friends or Whiggs and such and such in particular to see or pay a Visit to the Duke That the Duke told St James that the Lord Hallifax perswaded him to sign the Paper but whether it were for his good or not he knew not That when Sr James told the Duke how it was reported in the Town that he was come in to be a Witness he answered he never would That the next day after Sr James had given the Duke the Earl of Anglesey's Reasons and Mr Hambden's and his own Opinion Colonel Godfrey came to him and told him that the Duke had recovered the Paper and got it into his own possession and Sr James went to tell Mr Hambden Mr Charlton and Major Wildman of it Colonel Godfrey deposed That the first night the Duke of Monmouth came to Court he went to him with Sr James Forbes and the Duke told them how kind the King was to him in giving him his Pardon and that he believed he owed a great deal of it to the Lord Hallifax and several times he heard him say that the Lord Hallifax had been kind and servicable to him That the Duke said the King told him that he must submit to be askt Questions in publick concerning the Plot and must submit to him and not contradict him That within two or three dayes after the Duke surrendered himself he shewed him a Paper which was a Declaration or seeming Confirmation of the Plot with which the Lord Russell and Colonel Sidney were charged and he thinkes the Paper was signed with the Dukes name to it That the Paper which the Duke got from the King was not the same with the other and he believes he did not see that Paper That the Duke told him after the Paper had been sent to the Council that he had signed such a Paper he understood in general from him that this Paper was a Confirmation of the Plot the Lord Russell and Colonel Sidney suffered upon That he thinks the Duke told him the Lord Hallifax perswaded him to sign that Paper The Reasons he used were that he might keep at Court and be near the King or else he must go from thence Anthony Rowe Esq deposed That the Duke of Monmouth sent him to the King with two or three Letters whom he found very angry with him for the Company he kept Observe here what value that King put upon the Blood of Lord Russell and Col. Sidney c. and particularly the Lord Howard who he said was so ill a Man that he would not hang the worst dog he had on his Evidence That he heard the Duke had a Paper given him from the King to consider of he seemed unwilling to sign it but at last consented so he might not be askt to sign any other He being in the Bed-Chamber when the King told him he should not whether he signed it or not Mr Row knows not That this Paper was given to the King and shewed to the Council but they not likeing it it was either Burnt or Torn and another Paper drawn That about that time some thing of this being put into the Gazette Mr Row acquainted the Duke with it Who was displeased at it and bid them tell every Body they met that it was false That Mr Row doing so in the Coffee-house that night the King was acquainted with it and sent for him early the next morning and chid him and told him he did the Duke more hurt than he was aware of and commanded him to speak no more of it That the Duke told him he was resolved not to sign the second Paper That one day afterwards he and Godfrey and Barker were in the outward Room and the Lord Hallifax was with the Duke and Dutchess in her Room and the Duke came out to them once or twice and at last laid he had done it and that night he seemed angry with himself that he had signed the Paper for that it might hurt others and that if it had concerned none but himself he had not cared but said he would not rest till he had the Paper again and the next morning he told him he had got it That the Duke told them that the King had often press'd him to sign it and told him he should never see his face more if he did not do it but if he would he should ask him nothing but he would grant it But when he did sign it he knows not nor that there was any in the Room but the Dutchess and the Lord Hallifax That the Duke told him after he came out that the Lord Hallifax had over perswaded him and made him do it
and engaged to him the King should never let the Paper be seen and said this was the time to gain the King's favour It being long ago Mr Row declared these things as he believes and to the best of his Remembrance Mr Robert Yard being examined declared that the Advertisement concerning the Duke of M. which was put into the Gazete was what was handled in Council the day after the Duke came in It was the giving an Account of what passed betwixt the King and the Duke That he had the Paper either from the Lord Sunderland or Sr Leoline Jenkins John Hambden Esq declared himself thus His Case is so twisted with those of the Noble Persons whose Murders you enquire after that he knows not how to speak of theirs without relating his his own and that he looks upon himself almost as much murdered as any of them by reason of his Sufferings My Lord Russell and Col. Sidney were clap'd up in the Tower after which he was sent for and brought into the Cabinet Council or select number of Lords and askt whether he was of the Council of six so the Lord Howard was pleased to call it He saw there the King the Lord Keeper North and Lord Hallifax there were some others present whose faces he did not fee he does not remember a Clerk with them my Lord Keeper asked some Questions and so did the King He was pressed much to confess he claimed the Liberty as an English-man not to accuse himself he was sent to the Tower and made close Prisoner he was kept in the strictest custody for twenty Weeks when he had been there after the Lord R. was executed and a little before Col. Sidney was executed he had an intimation by a private note that there was an intention to try him for a Misdemeanour he was bailed out upon 30000 l. After this it happened the D. of M. came in and had a Pardon but several coming to see him he spoke some things freely which did not please the Court and at the Old Dutchess of Richmond 's he spoke as if those Gentlemen that were put to Death dyed unjustly Whereupon after the King was told this by a Lady he would have him confess his being concerned in the Plot and a Paper was drawn to that purpose which the King would have him sign which he did A Gentleman viz. Sr James Forbes came to him from the Duke with the Copy of the Paper the Duke had signed to own the Plot as soon as he saw it he said it was a Confession 〈◊〉 the Plot and according to the Law then in practise it would hang him because a Paper had been given in evidence against Col. Sidney upon which he was condemned for if a Paper which was said and not proved to be writ by him could supply the place of a second Evidence then a Paper which could be proved to be written and signed by the D. of M. might much more properly be made use of as his Evidence to hang other People He said he was told by Sr James Forbes that the D. was in a manner forced to do it and perswaded and overborne in it by the Lord H. when Sr James Forbes went back the D. was concerned to madness and said if he lived till next day he would have the Paper again and accordingly he went to the King and told him he could not rest till he had it The King with great indignation threw him the Paper and bid him never see his face more and he believes he did not and so the Duke went away and by that he escaped the Tryal then He was told by Mr Waller who is since dead that the Duke's owning the Plot to the King was the cause of Colonel Sidney's death for the King ballanced before He was after this brought to a Tryal for Misdemeanour and was convicted on the Lord Howard's evidence He pleaded Magna Charta that a Salvo Contenemento but the Court fined him 4000 l. and to Imprisonment till the Fine paid and security for the good Behaviour The King made his choice of putting him in Prison and he was committed to the Marshal's House in the King's Bench where he was ten Months He offered several summs of Money and they answered they had rather have him rot in Prison than he should pay the Fine After this they put him in the Common Prison where he was kept ten or eleven Months very close then they contrive a Writ called a long Writ to reach his Real and Personal Estate whilst he was thus a Prisoner After this he heard a new Witness appeared which was after the defeat of the Duke of Monmouth He was sent Close Prisoner to the Tower by the Lord Sunderland's Warrant and put into such a Room where he had no conveniency and with two of the Rudest Warders in the Tower to lie in the Room with him After seven or eight weeks he was removed to Newgate where he was kept close eleven weeks his Friends offered Money for his Pardon to some in power who were the Lord Jefferyes and Mr Petre the summ was 6000 l. and that was effectual It is not possible for a Man to suffer more than he did By the help of the Money on condition he would plead Guilty to his Indictment he was to come off His Friends advised him to it because it could hurt none there being none living of those called the Council of six but the Lord Howard Whereupon pleading guilty he was discharged paying 3 or 400 l. to Burton and Graham for the charge of his Pardon As for the Subject matter of what he confessed * The designing to rise in Arms to rescue the Laws and Liberties of his Country when threatned with destruction no man will think he ought to be ashamed that thinks my Lord Russell was Murdered And he said this was the way that our Ancestors always took when the Soveraign Authority came to so great a height as may be made out by many instances he said Custom had made this the Law of England and that all Civilized and well governed Nations about us had used the same way Notwithstanding his pleading Guilty he hath been very ready to secure the Kingdom and he was one of the two or three Men that received Letters from Holland of this Revolution And he saith he thinks King William's coming into England to be nothing else but the Continuation of the Council of six and if not he desires to be better informed Being asked by the Lord H. how he came to send his Wife to the Man whom he thought was instrumental in obtaining the Paper which he thought endangered his Life He answered did not he send his Wife to the Lord Jefferies Mr Petre and others who should he send to but to those in power and who could help him but those in power He did not think that the Lord H. struck directly at his Life or that his Lordship had any personal
believes it consisted of seven or eight hundred Sheets Mr Joseph Ducas upon his Examination informed the Lords in substance as follows That Colonel Sidney was taken up by a Messenger before there could be any pretence of proof against him for the Lord Howard the only Witness was not seized till fourteen dayes after That when Sr Philip Floyd seized and carried away Colonel Sidney's Papers he promised him that the Trunk and Pillowbeere in which they were sealed up should not be opened but in the Colonel's presence but that promise was not performed That they seized the Colonel's Goods and Money in the City and Country five or six Months before any Indictment was found against him That the Colonel was brought to Westminster the 7th of November by an * A most clear demonstration that the Prosecutors of this great Man had good Intelligence with the Grand Jury Influence upon them Habeas Corpus sent the day before to be arraigned upon an Indictment tho' no Indictment was then found against him and they kept him in a Tavern in the Palace-yard an hour till they had got the Grand Jury to find the Indictment That the Colonel being carried to the Court of King's Bench and the Indictment read he demanded a Copy thereof but the Court refused it That the Colonel offered a Special Plea engrossed in Parchment and desired it might be read but the Chief Justice said that if the Attorney General demurred and the Plea were over-ruled Judgment of Death should pass upon him and Wythens said if your Plea be over-ruled your Life is gone and so he was forced to Plead Not Guilty That he challenged several of the Jury as being the King's Servants and others as not being Freeholders but was over-ruled therein Some Gentlemen and very worthy Persons were for Fashion sake put into the Pannel and called but did not appear and it may be reasonably thought they were never summoned That Colonel Sidney was informed that when the Jury was withdrawn the Chief Justice under pretence of going to drink a Glass of Sack went to the Jury when they were consulting about their Verdict That when it was demanded of the Colonel what he had to say why Judgment should not pass he urged several points of Law but was over-ruled in every thing To this effect was the Information of Mr Ducas a very valuable French Protestant Gentleman and Colonel Sidney's true Friend To which I shall here subjoyn a few words uttered by that great Man at the time of his Condemnation I was brought to VVestminster the 7th of this Month by * This leads me to correct an Error committed in the first part of this History pag. 185. where I said as I then understood it that Colonel Sidney brought the Habeas Corpus but it appears that it was brought at the instance of his Prosecutors And upon this occasion I shall confess another mistake therein all with which I have been charged in the first part that I said Robert Masters one of Sr S. Barnardiston's Jury was a principal Witness against Colledge But I must acknowledge that Richard was the Witness Robert the Jury man was his Brother and only suck'd the same Milk with him Habeas Corpus granted the day before to be arraigned when yet no Bill was exhibited against me and my Prosecutors could not know it would be found unless they had a Correspondence with the Grand Jury That the Jury was not summoned by the Bailiff but agreed upon by the Vnder-Sheriff and Graham and Burton Upon the Sentence he expressed himself in that excellent manner which the Reader may turn to in the first part of the Display of Tyranny Page 200. Whereupon the Chief Justice foaming at the Mouth told him he was mad To which Colonel Sidney with great composure and gallantry of mind stretching out his hand said My Lord feel my Pulse and see if I am disordered I bless my God I never was in better Temper than I now am Dr. Chamberlaine being examined deposed That meeting the Lord Hallifax in the Gallery at White-hall he asked his Lordship whether the Aldermen were to blame that defended the City Charter and he believes he did not blame them but said the King must or will have the Charter he rather thinks it was must have it he believes he might tell this to the Duke of Monmouth my Lord Russell and others That it was for Sr John Laurence's sake he asked the Lord Hallifax and to him he gave advice to take care in what he did he being one of the Committee to defend the Charter A Memorial of the Numbers of Charters Dispensations and Pardons passed between October 1682 and the time of the late King's Abdication THe Marquess of Hallifax was Lord Privy Seal from October 1682. to February 1684. In which time 166 Charters were granted whereof one passed immediatè No Dispensations passed in that time In that time 47. Pardons with Non-Obstante's and Clauses with Dispensations were granted whereof three passed immediatè The Earl of Clarendon was Lord Privy Seal from February 1684 to December 1685. in which time 94. Charters were granted whereof 17 passed immediate No Dispensations passed in that time In that time 10 Pardon with Non-Obstante's and Clauses with Dispensations were granted whereof two passed immediatè The Lord Tiveot and others were Commissioners of the Privy Seal from December 1685. to March 1686 7. in which time 26 Charters were granted which passed in the usual manner Dispensations with the Penal Laws in that time were Six whereof one was immediatè In that time 70. Pardons with Non-Obstante's were passed whereof one of them immediatè The Lord Arundel of Wardour was Lord Privy Seal from March 1686 7. to 4 Jacobi 2. in which time 56 Charers were granted whereof 41. passed immediatè Dispensations in that time were 35. whereof 3 passed immediate In that time were 47 Pardons with Non-Obstante's passed whereof 25 passed immediate These are the heads of the Earl of Stamford's Report which being read in the House of Lords the same was by Order sent down to the House of Commons for their Information in these Affairs Copies of some Papers mentioned in or relating to the forgoing Informations Copy of the Advertisment in the Gazette Number 1880. November 26. 1683. relating to the Duke of Monmouth mentioned in the Examinations of Mr Row and Mr Yard WHite-hall November 25. His Majesty having this afternoon called an Extraordinary Council was pleased to acquaint them that the Duke of Monmouth did the last night surrender himself to Mr Secretary Jenkins having before writ a very submissive Letter to his Majesty entirely resigning himself to his Majesty's disposal That his Majesty his Royal Highness went down to Mr Secretary's Office where the Duke of Monmouth was who shewed himself very sensible of his crime in the late Conspiracy making a full Declaration of it And that having shewed an extraordinary penitence for the same and
Trayterous discourses and boastings of the Factious and Malecontent Party which I encounter I mean not Papists for I know not one Person avowedly so about London as tho' the whole Nation were ready as the Men I talk of vainly flatter themselves by a unanimous and universal consent to degenerate and apostatize to Popery and Slavery But Methinks they should be too early and too quick in their expectation that the English Nation should no sooner see the Yoke of the Oppressors in a most wonderful manner broken by the immediate hand of Heaven but it should tamely submit unto nay Court with them the intolerable Yoke of France and that at a Juncture when it is thrown off by a Bigotted Popish Prince who has been for a long time an unhappy Instrument in the hands of the Bloody Tyrant of France to the oppressing and destroying the most antient pure and best Christians upon the Face of the Earth the Vaudois That we have such a Race of Animals walking and that with no more than two Legs apiece amongst us is too well known to be denyed or dissembled and one would think that their Practices which are so grosly evil and eminently dangerous should not be countenanced or defended but which is to be lamented they have their powerful Abettors and Patrons and therefore 't is to be wisht that their Edge may be blunted and their effronted Impudence duely censured Sir As to these Collections if that may be any invitation to your throwing away a very few hours upon their perusal I do assure you that I have made them with all due regard to Truth and am not conscious of one Mistake or untruth in the whole Work my Care in that point has put me to much trouble and some charge for where I doubted I have travelled to receive true and certain Information of matters of Fact and such Materials as I wanted which were upon Record I fetcht from thence and therefore the certainty of matters here told must atone for the want of Method and delighting Language I had the Promise and so I thought assurance of some things at least as valuable as the best things in this Tract can be esteemed to be but some Men are too zealously intent and busie in their private Affairs to be publick-spirited though I remember the time when they were eminently so therefore to touch that Point no further at present I shall only say I have done Vt potui and wish that some other Person who could have done this to more advantage had undertaken the Task I am what I alwayes was and ever will be SIR Your Honourer and most humbly-devoted Servant July 10th 1690. To the Publick-Spirited READER 'T Is not my design in this Address to commend this Pamphlet or to invite Thee to throw away thy time or money upon it for I must tell thee truly that tho' the Matters here treated of are worthy of any Man 's considering and are not to be forgotten yet the Disadvantages and Discouragements which I have been under in compiling the History thereof have been such that when thou goest to read them thou will I doubt meet with disappointment and fall short of the satisfaction thou mayst promise thy self for it will appear short immethodical and very confused but I did my best here is a geat deal of matter brought into a narrow compass and the thing had heen something valuable if some Persons had furnished the Materials which they promised and others had in time found leisure to lend what I at last obtained but they came late to my hand so that I could not methodize what thou here findest better or otherwise than thou seest If thou dislikest the Book upon these or any other Reasons thou mayst let alone and then there 's no Harm done And And after this fair Caution thou wilt buy and read it and the nature of the thing should render it any way grateful and thou canst find in thy heart to employ a little time in a Work of this kind in wich I have quite tired my self I do here present thee with Heads sufficient to fill a Folio viz. The Tryal and Case of him who is the best Pattern for Magistrates in England That of the Right Honourable Sr Thomas Pilkington most happily at this time Lord Mayor of London with the Duke of York wherein a Hertfordshire-Jury gave the Duke 100000 l. Damages His Lordship's Tryal with Bolsworth wherein a Surry-Jury gave the Perfumer 800 l. Damages The Tryal of Sr Patience Ward upon a Pretence of Perjury but in truth for putting the Inscription upon the Monument notifying to the Ages to come that the Papists burnt London The Tryals of Sr Trevor Williams Mr Arnold and Mr Colt with the Duke of Beaufort The Tryal of the Grave and most Pious and highly learned Mr Baxter The two Tryals of the Reverend and eminently learned Divine and incomparable good English-man Mr Johnson the Confessor for the English Liberties The Proceedings between the Duke of York and Mr Covert of Chichester wherein 100000 l. Damages were given to the Duke The Prosecution of Mr Aaron Smith for his honest and undaunted Assistance of Stephen Colledge at Oxford And for his not Witnessing against Colonel Sidney according to the Advice of Sr A. P. The Tryal of Mr Gutch of Bath with a Bishop The Prosecutions and Tryals of Mr Roswel the Minister Mr Whitaker Mr Wilmer Mr Culliford Mr Best Mr Samuel Harris Mr Joseph Brown cum multis alijs My good Friend I have here cut thee out Work and therefore not to detain thee from it I bid thee heartily Farewell The CONTENTS REmarks upon the Tryal of Mr Braddon and Mr Speke in relation to the Murther of the Earl of Essex pag. 1. An Abstract of Proofs made before the House of Lords in relation to the Earl of Exssex's Murder pag. 31. Remarks upon the proceedings in the King's Bench in the Case of Fitz-Harris pag. 52. Heads of the Speeches and Resolves in the Oxford Parliament about Fitz-Harris p. 57. The Protest of the Lords upon the Refusal of the Impeachment against Fitz-Harris p. 64. The Indictment and Plea of Fitz-Harris in the Court of King's Bench p. 67. Tue Arguments upon the Plea p. 75. The Tryal of Fitz-Harris at the King's Bench Bar p. 122. The Libel given in Evidence against Fitz-Harris as it was read to the Jury p. 127. The Examination of Fitz-Harris by Sr Robert Clayton and Sr George Treby p. 149. Remarks thereupon and upon Dr Hawkins his Sham Confession published in the Name of Fitz. Harris p. 153. Remarks upon Mrs Gannt's Tryal p. 159. Mrs Gaunt's Speech p. 166. Remarks upon the Tryal of Mr Joseph Hayes p. 172. A touch of Mr Roswell's Tryal p. 199. Remarks upon Mr Charles Bateman's Tryal p. 201. Remarks upon my Lord Delamere's Tryal p. 217. The Fanatical Presentment of the Cheshire Grand Jury in 1683 against my Lord of Macclesfield my Lord Delamere and twenty
Whitehall insomuch that he who had the Power of Life and Death positively declared that he should dye and to prevent his further discovery which he had promised to make he is instantly removed and kept most closely in the Tower where he was most rigorously handled to make him retract his Confession The Conspirators being thus defeated of this hopeful Fanatick Plot calculated for the entertainment of the Oxford Parliament and well knowing that Fitz-H and his Wife could make it out who set them to work and that he was paid 250 l. at White-hall for this Service They came to a resolution that the Parliament must not pry into this mistery of Iniquity however The Parliament being met the House of Commons fell upon it and on Friday the 25th of March 1681. Upon the reading Sr Robert Clayton's and Sr George Treby's Examination of Fitz-Harris Sr John Hotham moved that it might be printed to show the World the devilish Conspiracies of the Papists which motion was seconded by Sr William Jones who said that People had been prevailed upon to believe the Plot not true and that that Examination confirmed the Informations of Otes and Bedloe Sr Francis Winnington added that the Treasonable Paper of Fitz-Harris was to have been sent to many Gentlemen and they to have been seized thereupon as Traytors in a Conspiracy against the King That all was at stake therefore let not our Courage lessen Let us go to the bottom of this business of Fitz-Harris I move he may be impeached of High-Treason and it may be he will relent and tell you all Sr Robert Clayton then said That when F. Harris his Examination was taken at Newgate he told him that he thought he had not dealt ingenuously unless he would tell what Council he had for drawing the Paper and that he had him be ingenuous in the whole matter and he would come and take his further Examination and that F. Harris having promised this he was removed out of their reach into the Tower Wherepon an Impeachment was ordered Sr L. Jenkins commanded to carry it to the Lords and Col. Birch said That we ought all to give God thanks for this discovery of Fitz-Harris next to the first discovery of the Plot. Upon Saturday the 26th of March 1681 the House of Commons being informed that the House of Lords had refused to proceed upon the Impeachment Sr Thomas Lee said That he saw by the Lords refusing the Impeachment no further use of Parliaments That they would be a Court or not a Court to serve a present purpose Then Sr William Jones spoke to this effect Indictments were brought against the Lords in the Tower and yet that was no impediment to their Impeachment in the Lords House but here is no Indictment or Prosecution brought against Fitz-Harris We have an instance fresh in memory Scroggs a Commoner and not indicted at Common-Law yet the Lords without scruple accepted his Impeachment We find the Lords have determined a great point The Lords Spiritual as well as Temporal have voted the refusal of the Impeachment of Fitz-Harris which we own not in this Judicature nor I hope never shall and We are denyed Justice by the Lords Spiritual who have no right to Vote This is a double act of Injustice Let us then Vote That the Commons have a Right to impeach in capital Cases and that the Lords have denyed us Justice in refusing the Impeachment in a Parliamentary way At a Conferrence show how unwarrantable the Lords Actions have been and if the dissolution of the Parl. follows it s the fault of those Men who will not hear our Reasons Sr Francis Winnington backt this Motion and said This Impeachment is not an ordinary Accusation but it relates to our Religion and Property and how the Bishops come to stifle this let God and the World judge If the Lords will vote that the Commons shall not impeach him They may as well vote they shall not be Prosecutors This is a new Plot against the Protestants of which F. Harris is accused and We must not Impeach him In this the Lords say we must not hear it I desire you would come to some Vote you are willing to discover the Plot if you could If our time be short as I believe it is pray come to some Resolution to assert your Right A little while ago when the Duke was presented for a Papist the Grand-Jury was dismissed by the Chief Justice This seems as if the Lords would justifie the Judges Proceedings by their own If no Man doubts our Right pray vote it Sr Robert Howard then spoke to this effect This of Fitz-Harris seems to me to be a more dangerous breath then usual a breath fit to be stifled There is something in this more then ordinary If there be so sacred a respect to common Tryals in Inferiour Courts 't is strange that the House of Commons should be below a Common-Jury It seems the Lords value Fitz-Harris to keep him from us If Dangerfield would speak what he knew nothing of Mercy was too big for him but they hurry Fitz-Harris away to the Tower when he began to confess in Newgate Are you so lost that you have no Mercy left for the Protestant Religion We hear that the French Ambassador had a hand in this Plot which a Jury will not enquire into I must confess that by the carriage of this I have enlarged my suspition for I cannot but suspect unusual ways Something depends upon this Man Sure We must not lay down all Prosecution of the Plot and say that the Protestant Religion shall have no Mercy Fitz-Harris may merit Mercy by Confession and if his breath be stoped by the Lords I am sorry that People will say If it were not for the Lds. F. H. might have discovered all the Conspiracy and the Protestant Religion might have been saved Mr Serjeant Maynard then added We all know what Arts and Crafts have been used to hide the Plot it began with Murder Perjury and Subornation This of Fitz-Harris is a second part of it The Lords deny to receive our Impeachment In effect they make this no Parliament if We are the Prosecutors and they will not hear our Accusation T is strange when their own lives as well as ours are concerned in the Plot When all is at stake We must not prosecute If this be so Holland and Flanders must submit to the French and they run over all This is a strange breach of Priviledge and tends to the danger of the Kings Person and destruction of the Protestant Religion Sr Thomas Player then said This of Fitz-Harris is a considerable confirmation of the former Plot I call it the Old Plot but t is still new upon us when he inclined to discover what he knew he was fetched to White-Hall and sent to the Tower and so We were deprived of all further hopes of discovery and now they stop his Mouth I move therefore That you will declare
of Vices and is a prophane lewd debauchee This Keeling is brought in as the first Witness against Mr Bateman tho' his Evidence touch'd him no more in Law than it did every of the Jury-men and it is remarkable Page 1. c. of the true Account c. that in the four Informations which he at several times gave in to Jenkins Mr Bateman is not so much as once named and yet we here find Keeling a witness against him The fore-mentioned bitter and malitious History doth likewise present us at large Page 34. of the true Account c. as it did Keeling's with the Information of Lee the dyer against Mr Bateman therein Lee swears that he told Mr B. a story he had from Goodenough of our Rights and Priviledges being invaded and that some Gentlemen had taken into consideration how to retrive them c. That Mr Bateman thereupon told him he must have a care and speak at a great distance that he was willing to assist if he could see but a Cloud as big as a Man's hand And that Mr B. told him that the Duke of Monmouth told him the said Mr B. that he was glad that he came acquainted with those Protestant Lords and that Mr B. assured Lee that the Duke was very right for the Protestant Interest and that we need not mistrust him And Lee added in that Information That Goodenough told him that they must seize the Tower and take the City and secure the Savoy and Whitehall and the King and the Duke The Case as to poor Mr Bateman was much altered between the time of Lee's giving the foregoing Information and this Tryal for at first the managers were for hanging Goodenough of whom the Author of the True Account pag. 55. saith that he with monstrous Impiety maintained and recommended the Murder of the King and the Duke as a pious design and a keeping of one of the ten Commandments and the best way to prevent shedding Christian Blood rather than Bateman and to that end Lee's main force was then bent against Goodenough but now it being found that Goodenough and the City Juries of that day could hang Alderman Cornish and Bateman and also Sr. Robert Peyton could they have catcht him the story of a Cloud as big as a man's Hand is expatiated and breaks in a dreadful storm upon Mr B. That of the Duke of Monmouth's being right for the Protestant Interest is now mightily improved and Bateman made to have said The Duke would engage in the business and had Honses in readiness c. And that he the said Bateman would take an House near the Tower in order to surprize it c. As matters were at first concerted the Evidence ran thus Goodenough told Lee that they must seize and secure the Tower the City the Savoy Whitehall the King and the Duke Now Lee swears and Goodenough backs him in it that all this discourse of seizing and securing c. proceeded from Mr Bateman To conclude the whole was a hellish Contrivance to destroy the most valuable men of the Age and with them the Protestant Religion and the wicked History I have mentioned is a lying most malitious Libel upon the great and noble Names and Families of the D. of Monmouth the Earls of Bedford Leicester Essex Shaftesbury Argyle and others and also upon the present learn'd Bishop of Salisbury and therefore seeing that Author doth not unwrite it 't is pitty that 't is not condemned to be burnt by the hands of the Common-Hangman And should it receive that deserved Sentence the Executioner is hereby advertised that he may find the Book in Custody unless escaped since the Prince of Orange's Landing and also in Irons it being affixed very fairly bound with a Chain not far from Newgate at Sadlers Hall with an Inscription on the Title Page The Gift of Mr Nott of the Pall Mall Remarks upon the Tryal of the Right Honourable Henry Lord. Delamere upon the 14th Day of January 1685. Before the Lord Jeffryes Lord High Steward on that occasion SOon after the defeat of the Duke of Monmouth in the Year 1685 a Proclamation was issued requiring my Lord Delamere to render himself which his Lordship accordingly did and upon the 26th of July 1685 the Earl of Sunderland Secretary of State committed him to the Tower for high Treason The Parliament sitting in November following the House of Lords began to enquire into his Lordship's case but were quickly after prorogued to the 10th of February following and never sate more The County Palatine of Chester did at that time furnish the Conspirators with as good Juries as could be pack'd in the City of London by Sr John Moore 's Sheriffs as is well known to the right honourable the Earl of Macclesfield my Lord Delamere Sr Robert Cotton and many other eminently deserving Patriots of Cheshire Thither was a Commission of Oyer and Terminer speeded and an Indictment was preferred against his Lordship before Sr Edward Lutwich Chief Justice of Chester and the Bill was readily found against him by a well prepared and instructed Grand-Jury Thereupon his Lordship was brought to Tryal before the Lord Jeffryes High Steward and the following Peers viz. Laurence Earl of Rochester Lord high Treastrer of England Robert Earl of Sunderland Lord President of the Council Henry Duke of Norfolk Earl Marshal of England James Duke of Ormond Lord Steward of the Houshold Charles Duke of Somerset Christopher Duke of Albemarle Henry Duke of Grafton Henry Duke of Beaufort Lord President of VVales John Earl of Mulgrave Lord Chamberlain of the Houshold Aubery Earl of Oxford Charles Earl of Shrewsbury Theophilus E. of Huntington Thomas E. of Pembrooke John E. of Bridgewater Henry E. of Peterborow Robert E. of Scarsdale William E. of Craven Richard E. of Burlington Lovis E. of Feversham George E. of Berkley Daniel E. of Nottingham Thomas E. of Plymouth Thomas Viscount Fanconberg Francis Viscount Newport Treasurer of the Houshold Robert Lord Ferrers Vere Essex Lord Cromwell William Lord Maynard Comptroller of the Houshold George Lord Dartmouth Master General of the Ordnance Sidney Lord Godolphin John Lord Churchill Who being called over and appearing the High Steward began thus My Lord Delamere you stand indicted of High Treason by a Bill found against you by Gentlemen of Great Quality and known Integrity within the County Palatine of Chester the place of your residence and the King has thought it necessary to order you a speedy Tryal My Lord if you know your self innocent do not despond A Complement which Jeffryes never put upon any Man before For you may be assured of a fair and patient hearing and a free liberty to make your full defence He then ordered the Indictment to be read which was to this effect viz. That my Lord D. as a Traytor against King James the second the 14th of April last conspired with other Traytors the deposing and death of the King and did
would have him stay till Tuesday morning That then the Duke being gone out of Town the Lord Grey told Jones from the Duke That he intended to be in England within nine days and bid him remember to tell Brand that when he heard the Duke was Landed he should acquaint Sr Robert Peyton with it but not till he was Landded That Jones missing passage to England from Roterdam he returned to Amsterdam and went to the Duke and told him the reason why he was not gone and the Duke said he was glad he was not gone for he had a further Message and would have him stay two or three days That upon the 21st of May the Duke ordered him to come to him in the Evening and when he came the Duke took a Paper that lay upon the Table and sensed it and told him that when he came to London he must see for Captain Mathews and desire him to acquaint my Lord Macclesfield my Lord Brandon and my Lord Delamere that he was resolved to set out the next Saturday morning That the Duke then said that Mathews was to send one Post to that place that was named in the Note to receive Intelligence of his Landing and that News he designed should be brought to his Friends here 24 hours before the Court had notice of it and those Lords were to be in readiness and as soon as they knew he was Landed they were to repair to their Posts to assist him That Jones askt the Duke what he was to do with the Paper who said I do by you as Princes do by their Admirals they have their Commissions sealed up and not to open them till at Sea so I deliver your Instructions sealed up which you are not to open till you are at Sea and when you have opened and read what is contained in them I would have you tear the Paper and throw it into the Sea least you be surprized and fearched at your Landing And that the Duke ordered him that if he missed of Captain Mathews he should deliver the Message to Major Wildman That the Instructions in the Paper were to this effect viz. Taunton is the place to which all are to resort The Persons to be acquainted with the time of Landing are the Lord Macclesfield the Lord Brandon and the Lord Delamere The place to send the Coach to is to Mr Savage's the Red Lyon The Post is to return to Captain Mathews or as he shall appoint Jones added that he came home the 27th of May the Wednesday forthnight before the Duke Landed and Disney came immediately to him and told him that Captain Mathews and Major Wildman were both out of Town whereupon he delivered the Message to Disney and left it to him to convey it to the Lords concerned That Disney met him the same night in Smithfield with Mr Crag Mr Lisle and Mr Brand and Disney took Jones and Brand aside and askt Jones what was the place to which the Post was to go That Jones met the Duke at Lyme and told him what he had done with the Message who said he was satisfied he had done what he could but seemed troubled that Mathews was out of Town It being demanded of my Lord Delamere whether he would ask Jones any Questions his Lordship answered No I never saw his face before Mr Story the Duke of Monmouth's Commissary General testified that Mr Brand who lived about Bishopsgate and was killed at Keinsham Bridge told him upon the 28th of May last that Mr Jones was returned from Holland and brought a Message from the Duke and that he the said Brand was to go to Taunton to expect from Mr Dare or Mr Williams the account of the Duke's Landing That Brand told him that Jones his Message was delivered to Disney who went and had some discourse with my Lord Delamere and that that night his Lordship went out of Town and two Friends of Mr Brand's went with him and conveyed him by a By-way through Enfield-Chase towards Hatfield That Story went out of Town the 28th of may and overtook Brand that night That he heard the Duke of Monmouth say at Shepton-mallet that his great dependance was upon my Lord Delamere his Friends in Cheshire but he was afraid they had failed him and he said he could have been supplied otherwise but that he had a dependance upon them My Lord Delamere then demanded of Story whether he knew one Thomas Saxon. Mr Story answered yes my Lord I was a Prisoner with him in Dorchester Prison The Attorney General then called Vaux and said My Lord this is an unwilling Witness and we are forced to pump all out of him by Questions And then demanded of him what day it was my Lord Delamere sent for him Vaux answered It was the 26th of May his Lordship sent for me to the Rummer Tavern in Queen-street and the next day I went out of Town with him about nine or ten in the Evening My Lord went by the name of Brown We got to Hoddesden about twelve at night Mr Attorney demanded whether they went next whether my Lord Delamere was going and whether that was the direct Road to Cheshire Mr Vaux answered We then went to Hitchin and I returned home the next day My Lord was going to see his Son who was sick in the Country and we made that the way it being the freest Road from Dust Mr Edlin then testified the same in substance with Mr Vaux that upon the 27th of May he went with my Lord Delamere to Hoddesden c. Mr Attorney then said my Lord to confirm and explain this Evidence I shall prove that this Gentleman went by the name of Brown in the Cant of those that were engaged in this Business that the name was known as his name by all the Party and called so constantly in their Letters and Messages Tracey Paunchforth being called witnessed That he was at Disney's house the 14th of June with Joshua Lock one Hooper and one Horsley and Lock stayed for some of the Duke of Monmouth's Declarations which were finished about nine of the Clock and three were delivered to him and there was a discourse of having them sent into Cheshire to one Mr Brown whom he understood to be my Lord Delamere and Mr Disney used to mention him by the name of Brown That Paunchforth was at the Castle Tavern with Mr Vermuyden his Brother Babington and Mr Manning but there was no mention as he remembers of my Lord or Mr Brown but only something in relation to the Duke's Landing Mr Vermuyden who also went by the name of Brown said he did not know where he was to Land Babington the Betrayer of that worthy Gentlemen Mr Disney then swore That when he first knew of any of the Transactions he was with Mr Vermuyden his Brother Paunehforth and Mr Chadwich where there was discourse of Mr Brown and that his Uncle Vermuyden afterwards told him it was my Lord Delamere and ordered
I have given their Lordships satisfaction in all points and need to give no further Evidence I acknowledge I did go at that time privately a By-Road by the name of Brown as for Jones I appeal to him himself and call God to witness I never saw the Man before now in my Life All that has been said against me except what this Fellow Saxon testifies is but Hear-say nay indeed but Hear-say upon Hear-say at the third and fourth Hand It is at the pleasure of any two Men in the World to take away the Lives Honours Estates of any of your Lordships if it be a proof sufficient to make you guilty of Treason for them to swear you were intended to be drawn into Treason Upon the whole matter my Lords I must leave my Case to the consideration of your Lordships I am not Master of so much Law or Rhetorick as the Kings Council to plead in my own Cause But I hope what Evidence I have offered has given your Lordship full satisfaction that I am not Guilty of what I stand charged with My Lords I would beg you to consider this that if I with those other two Gentlemen that he has named had had any transactions of this kind with such a Fellow as Saxon so as at first sight to put such large confidence in him Can it be imagined I so little regarded my own Life and all that is dear to me as to have surrender'd my self were it not that I was certain of my own innocence and integrity Life it self my Lords is to be preferred above all things but Honour and Innocence and Job saith Skin for Skin and all that a Man hath will he give for his Life and why should I be presumed to have so little a value for it as voluntarily to deliver up my self to destruction had I been Conscious that there was any one who could really testifie any thing that could hurt me Besides my Lords This very Fellow Saxon is but one Evidence and surely one Witness will never be sufficient to convict a Man of Treason tho' thousands of Hear-says and such trivial circumstances be tack'd to it especially when tack'd to an evidence which I dare say your Lordships are far from thinking it deserves credit Would not any of your Lordships think himself in a very bad Condition as to his Fortune if he could produce no better Evidence to prove his Title to his Estate than what has been now produced against me to take away my Life and if such Evidence as this would not be sufficient to support a Title to an Estate certainly it can never be thought sufficient to deprive a Man of Life Honour Estate and All. My Lords God knows how soon the Misfortune of a false Accusation may fall to the Lot of any of your Lordships since that may happen I question not but your Lordships will be very cautious how by an easie Credulity you give encouragement to such a Wickedness For Knights of the Post will not end in my Tryal if they prosper in their Villany and perhaps it may come home to some of your Lordships if such Practices be encouraged My Lords the Eyes of all the Nation are upon your Proceedings this day Nay I may say your Lordships are now judging the Cause of every Man in England that shall hereafter happen to come under the like Circumstances with my self For accordingly as you Judge of me now just so will Inferiour Courts be directed to give their Judgment in time to come Your Lordships very well know Blood once spilt can never be gather'd up again and therefore you I am sure will not hazard the sheding of my Blood upon a doubtful Evidence If it should be indifferent or but doubtful to your Lordships which upon my Proofs I cannot believe it can be whether I am Innocent or Guilty Both God and the Law require you to acquit me My Lords I leave my self My Cause and all the Consequences of it with your Lordships And I pray the All-wise the Almighty God to direct you in your determination Mr Solicitor General then said May it please your Grace and you my Noble Lords The Evidence against this Noble Lord is of two Natures part of it is positive Proof and part is Circumstantial and tho' it be allowed that there must be two Witnesses in cases of Treason and that Circumstances tho' never so strong to fortifie one positive proof cannot make a second positive Witness yet I crave leave to say that there may be Circumstances so strong cogent so violent and necessary to fortifie a positive Testimony That will in Law amount to make a second Witness such as the Law requires My Lords If a man comes and swears against another That he said he will go and kill the King and another Man that did not heare these words testifies his lying in wait That Circumstance of lying in wait that was an Action indifferent in it self when applied to the positive Proof will be a second Witness to satisfie the Law It is not my duty to carry the Evidence in this Case further than it will go and I am sure it is not my Duty to let it lose any of its Weight My Lord Our positive prooff is but one single Witness and that is Saxon Mr Solicitor then repeated his Evidence and went on saying This I must acknowledge standing single will make but one Witness but whether the Circumstances that have been offered by the other Witnesses be such violent Circumstances as necessarily tend to fortifie and support that positive Evidence and so will supply the defect of a second Witness is the next Question I come to consider Mr Solicitor then repeated the Evidence of the Lord Grey and Mr Jones how truly let any who will be at the trouble of reading the Tryal at large judge and proceeded saying Here my Lord is the main Circumstance that renders the matter suspitious But tho it was not observed in she whole Proceeding of the Tryal Vaux witnessed that my Lord sent to him and engaged him the 26th of May to go out of Town with him the next day That very night that Jones came to Town the 27th of May does my Lord Delamere at ten at Night go out of Town under the disguise of the Name of Brown and a By-Road into Cheshire this I say is the Circumstance that renders the thing suspitious But now my Lords comes the Question the main Question how it is made out that my Lord Delamere had notice Jones brought the Message from the Duke of Monmouth Jones indeed does not say that he imparted it to him But Story says that Brand who knew of the Message did acquaint him that my Lord had received it at the Coffee-House and that Night went out of Town It is true this is but a hear-say but that which followed being matter of Fact My Lord 's going out of Town that Night and in such an unusual suspitious
manner gives more credit to the Relation than as a bare hear-say could have of it self For unless there be a good account given of my Lord 's thus going out of Town it is a kind of necessary presumption that he acquainted him with the Message and if so it can have no other Construction than to be in pursuance of the directions brought him from the Duke of Monmouth Another thing my Lords that renders this matter suspitious is the Name which my Lord assumed a Name by which the Party used to call my Lord which is proved by Babington and Paunchforth Paunchforth tells you that one Lock came for some of the Duke of Monmouth's Declarations for Mr Brown to be sent into Cheshire So that tho' some body else was called by the Name of Browne yet you have had no account given you that there was any other Brown in Cheshire It is very suspitious that if my Lord went into Cheshire under the name of Brown and some came on Brown's behalf for Declarations to be sent into Cheshire and my Lord commonly with that Party went by that Name That will be a great Evidence of his Correspondence with Monmouth I confess my Lords all this while our proof is circumstantial and indeed there is no positive proof but that of Saxon's and here I must confess there are Objections made which I cannot readily answer There is no good account given what reason there was for so many Post-Journeys backward and forward These are matters of suspition But I confess matters of suspition only unless clear positive probable proof be joyned with them will not weigh with your Lordships to convict a Man of High Treason but whether these matters of suspition be such violent and necessary presumptions as tend to fortifie the positive Testimony I must leave that to the consideration of your Lordships The High Steward then concluded saying my Lords There is something I cannot omit taking notice of that one mistake in point of Law might not go unrectified viz. That there is a necessity in point of Law that there should be two positive Witnesses to convict a Man of Treason Without all doubt what was urged by hat learned Gentleman who concluded for the King is true There may be such other substantial Circumstances joyned to one positive Testimony that by the Opinion of all the Judges has been several times adjudged to be a sufficient Proof As in this Case If your Lordships should believe Saxon swears true and shall believe there was that Circumstance of Jone's coming over from Holland with such a Message the 27th of May which is directly sworn in Evidence and what the other Witnesses have sworn likewise that my Lord Delamere went out of Town that Night changed his Name and went an indirect By-Road certainly these Circumstances if your Lordships be satisfied he went for that purpose do necessarily knit the positive Testimony of Saxon and amount to a second Witness Your Lordships are Judges 'T was well for my Lord D. amultitude more that they were so for had his Lordship fallen weshould not have known where they would have stop'd and the High Steward could have made this Evidence to have passed to the cutting off hundreds of Men in the West And if you do not believe the Testimony of Saxon which has been so positively contradicted by divers Witnesses of Quallity The Prisoner ought to be acquitted of this Indictment The Peers having thereupon withdrawn for about half an hour returned and took their Seats and unanimously declared upon their Honours that the Lord Delamere was not Guilty and so his Lordship was most happily delivered and with him the Right Honourable my Lord of Stanford my Lord Brandon Sr Robert Cotton Mr Offley and many other valuable Persons and good Patriots who were lockt up in the Tower and other Prisons in order to their Tryals and Tryal and death in that day were rarely found to be far asunder Thus Saxon one of the vilest Miscreants of human Race had a fair blow at one of the most valuable and deserving Persons of this Generation the Right honourable Henry Lord Delamere Grand-Son of the most worthy and never to be forgotten Patriot Sr G. Booth and Son Heir as well of the Vertues as of the Estate of the incomparably good and great Man Sr George Booth Lord Delamere But when the Villain came to bedetected of Perjury And his Suborners found that the sham would not pass they were ready to wish themselves half hanged that ever they pretended to believe him at all The repeated Imprisonment Vexation and eminent danger of this excellent Person my Lord Delamere and many other honourable highly deserving Patriots of the Vale Royal of England having been promoted and abetted by a Fanatical Presentment or Address of a Grand Jury of Cheshire which bears the Stile of Sr Roger L' Estrange I shall here subjoyn it viz. WE the Grand Jury sworn to enquire for the Body of the County of Chester at the Assizes held in the Common-Hall of Pleas in the Castle of Chester upon Munday the 17th day of September in the 35th year of his now Majesty's Reign and in the Year of our Lord 1683 having heard his Majâ—y's Declaration to all his Loving Subjects touching the treasonous Conspiracy against his sacred Person and Government lately discovered openly read to us in Sessions by order of the Court as well as in our respective Parish Churches by Royal Command and seriously considering the extensiveness of the said Conspiracy and dreadful Consequences thereof had it taken offect since notions of Sedition and Rebellion have been cultivated to such an amazing height that some have not only dared to draw them into practice in their Lives but to propogate them with their latest Breath by Devillish Insinuations of their consistency with Religion and Law We conceive it high time to manifest our Separation from such Persons and Principles their Favourers and Abettors with detestation of that dreadful Climax the Bill of Exclusion Treasonous Association Ignoramus Juries and seducing Perambulations by which the Accomplices advanced towards their intended Assassination Massacre which barbarous design it cannot be imagined that Forty or the Council of any Six durst undertake without confident reliance on Confederate Auxiliaries and not knowing the Latitude of such dire Combinations but heedful of our present charge and duty with the indispensable Obligation the Oaths of Allegiance and Supremacy lay upon all We hold our selves boundin this distempered juncture of Affairs to present that We have strong apprehensions of danger from a dissatisfied party in this Country who not only shewed their defection openly by an Address made to Henry Booth Esq and Sr Robert Cotton Knight and Barronet at the last Election of Knights of the Shire tending to alter the Succession of the Crown with other dangerous and seditious purports giving assurance of standing by them in that design without respecting their Oath of
Allegiance to the King and his Heirs but also by their several Meetings and Cabals sinee which administer greater suspition from the store of Arms many of them were provided with And for that the same Persons unanimously assembled with Schismaticks and disaffected Persons in the publick reception of James Duke of Monmouth who has appeared a prime Confederate in the late treasonable Conspiracy the concourse of armed Persons then attending him especially in and near several populous Towns in this County where the invited and instigated Rabble in a broad mixture of various Sectaries with superfluous joy and popular noise tumulted on that occasion has had an evil influence upon this yet unsettled Country and brought a terror upon his Majesties good and peaceable Subjects for remedy whereof with relation to the publick Peace and to prevent as far as in us lies the spreading of such contagion as also to wash our Hands from all misprision by concealing proceedings that may encourage greater Evils in other parts of his Majesties Dominions We conceive it expedient that the Principal Persons who promoted the aforesaid Seditious Address and also those who were notorious in consorting aiding and abetting in the Routous reception and entertainment of the said Duke of Monmouth and his Associates in this County together with the frequenters of Conventicles and those that harbour and countenance any Nonconformist Minister or Preacher should be obliged to give security of the Peace And particularly Charles Earl of Macclesfield Richard Lord Colchester Charles Lord Brandon Henry Booth Esq Sr Robert Cotton Knight and Baronet Sr Willougby Aston Baronet Sr Thomas Mainwaring Baronet Sr Thomas Bellat Baronet Sr John Crew Knight Nathaniel Booth Esq Colonel Thomas Leigh junior John Mainwaring of Baddeley Esq Peter Leigh of Boothes Esq Colonel Roger Whitley of Peele And Mr Thomas Whittley his Son Roger Mainwaring of Kiruuntham Esq Tillston Bruen of Stapleford Esq Sr Robert Duckenfield Baronet Thomas Lea of Dernal Esq Mr Robert Hide of Cattenhall Edward Glegge of Grange Esq Richard Leigh of Highleigh Esq Mr Roger Whittley Mr Robert Venables of Winthcombe William Minshall of Namptwith Esq John Hurlston of Newton Esq And Charles his Son And William Whitmore of Thutstaston Esq We present also that all persons not frequenting the Church according to Law are Recusants it being impossible to know the hearts of men for what cause they refuse to come to Church And that all connivance and indulgence in that case is the ready Road to Rebellion Popery and Arbitrary Power And further We desire humbly to present to his most sacred Majesty our repeated Congratulations of Joy for his and his Royal Brother's happy deliverance from the late Treasonable Conspiracy with our assurances that We will with our Lives and Fortunes stand in defence of his sacred Person and Government his Heirs and Lawful Successors To all which we subscribe our Names The Grand Jury T. Grosvenor W. Cotten Edw. Legh Peter Shakerley Tho Warburton Anthony Eyre Hen. Dayies Jo. Dod John Daniel T. Minshall J. Starkey Hen. Meales Rob. Alpart Ran. Dod Edw. Bromley J. Hockenhull Francis Leche Tho. Baruston John Davis Heads of some Informations and Examinations taken upon Oath before a Committee of the House of Lords appointed to inspect Who were the Advisers and Prosecutors of the Murders of the Lord Russell Colonel Sidney Sr Thomas Armstrong Mr Cornish others And who were Advisers of issuing Quo Warranto's against Corporations who were Assertors of the dispensing Power whereof a Report was made by the Right honourable the Earl of Stamford upon the 20th day of December 1689. Also Copies of some other material Papers relating to the Murders and Oppressions perpetrated upon pretence of a Conspiracy against King Charles the second and the Duke of York in the year 1683. MR John Phelps Mr Thomas Morris Mr Peter Hagar Mr Robert Bates Mr Richard Haly Mr Horneby and Mr Crispe Grang all Persons of good value and unspotted Reputation being examined upon Oath in relation to Josin Keeling deposed in substance as follows viz. That Keeling three or four days or a week before his Discovery of the Presbyterian Plot came into their Company at the Fleece Tavern in Cornhill where he appearing to be much disturbed and confused one of their Company enquired of him why he seemed to be so disordered to which he answered that he lay under a great Temptation for he was sent to The Popish Lords were then in the Tower by the Lords in the Tower and some Gentlemen that came to him from them told him his own Party had disobliged him He had as a loose Fellow been cast out by the Congregation to which he belonged and he had now an opportunity to be revenged of them That he could not be insensible of some Persons that designed against the Government and that if he would discover Subornation was at that day carried on by the tender term of discovering he might make himself and his Family That he had great proffers of Money and a Place of 100 l. per annum and might go in a Coach and six Horses to Windsor And that he was to meet those who treated with him again that Night at the Bull-head Tavern near the Tower That upon Keeling's talking at this rate one of the Company askt him why he troubled them with this discourse and told him if he knew any thing against the Government he ought to discover it but if he knew nothing he would do well to keep out of such Temptations and not go to the meeting appointed but he said he would go because he had promised them in the morning that he would meet them again but declared that he knew nothing said that he acquainted them with it because if he should be prevailed upon by Temptation of Money to witness any thing they should be able to witness against him that he had declared that he knew nothing in agitation against the Government and that they should testifie that he was the greatest Rogue and Villain living if he should swear against any Man Mr Phelps in particular deposed That he attended to have testified this at my Lord Russell's Tryal bat was not askt to come in at any of the other Tryals and durst not appear unless desired That he remembers not whether or not he knew of Walcot's Tryal before it was over but that he knew not that Keeling was a Witness against him till after the Tryal was over Mr Morris deposed That he knew not that Keeling was a Discoverer of a Plot till after Walcot's Tryal but believes he acquainted Sr VVilliam Poultney what he heard Keeling say before the Lord Ruse sell's Tryal and also told it to Mr Stevens whereupon he was subpaenaed to that Tryal and went but the Tryal was not till three or four days after the time he was directed to attend That a second Subpaena came the night before the Tryal but he being from home did not
Pique against him but against the Cause he was engaged in His Wife did go several times to the Lord H. and by her he believes he sent him thanks He knows no solid effects of his kindness if there were he desires the Lord H. to tell him in what He believes no part of the 6000 l was given to the Lord H. He never heard any thing of the D. of Monmouth's Confession of the Plot till after the Paper was signed by the Duke and sent to him He has heard it as common talk that the Duke had confessed a Plot and that Mr Waller told him so indefinitely he could not tell whether he meant before the signing the Paper or no He saith what the Duke did at that time was all of a piece whether speaking or writing he is sure that it was with the utmost reluctancy that the Duke signed the Paper He remembers no more in the Cabinet Council but the Lord Radnor besides those he has already named but believes there were three or four more He was bailed the 28th of November 1683. and Colonel Sidney he thinks was Executed the 5th of December following The Duke of Monmouth appeared very firm to him and engaged to do his utmost to save Colonel Sidney He saith he came out of the Tower some days before Colonel Sidney was Executed he had an intention to have visited him but his Friends thought it useless and dangerous to them and that he might write any thing he had to say Accordingly he wrote to him that he would come to him if he desired it but Col. Sidney charged him not to come but to write if he thought any inconveniency would come of it The Messenger which brought him the Message before-mentioned was Dr Hall now Bishop of Oxford who applyed to the Dutchess of Portsmouth for his Release but her answer to him afterwards was That she had tryed and could do nothing for they would rather have him rot in Prison than have the 40000 l. Dame Katharine Armstrong being examined deposed that she demanded a Writ of Error of the Cursitor of London for Sr Thomas Armstrong and told him she was ready to pay all due Fees but he told her she must go to the Attorney General and she demanded it publickly in Court of the Lord Keeper North but he said it was not in him to give but the King Mrs Jane Mathews being examined said that her Father was sent to Prison and could have no Council admitted to him nor any Friends speak with him but in the presence of his Keeper he had one Chain on him and was kept close Prisoner she saith she questions not but to prove the Lord Howard perjured for Sr Thomas could have proved by ten Gentlemen and the Servants of the House those base Reflections the Lord Howard made on him to be falshoods She saith her Father demanded his Tryal and also Counsel in the Court but was denied both the Chief Justice Jefferies telling him they had nothing but the Outlawry to go on Withens Holloway and VValcot were other three of the Judges And she thinks he was brought from aboard the Yatch by the Lord Godolphin's Warrant She saith Mr Richardson beat her Sister while she was asking her Father Blessing She saith that her Father was at Sparrow's at Dinner that day that the Lord Howard swore he was not and she saith that when her Father in Court said My Blood be upon you The Lord Chief Justice Jeffryes said let it let it I am Clamour proof Mrs Katherine Armstrong being examined saith That Captain Richardson used her Father ill and made him lie in a Chain on one Leg and would not let her see him alone and was rude to her and struck her in such manner that she had so fore a Breast that she could not put on Bodies in three quarters of a year She saith she went with her Mother to the Cursitor of London to demand a Writ of Error but he refused it She went also on the same Errand to the Lord Keeper North Mr Attorney and the Lord Chief Justice but had none Mr Richard Wynne declared That he was Solicitor to Colonel Sidney That the Colonel excepted against several of the Judy to some as not being Freeholders and others as being in the King's Service and receiving Wages from his Majesty That presently after the Tryal the Lord Chief Justice sent him Prisoner to the King's Bench Mr Wynne said this to Angier the Foreman of that murdering Jury and to Glisby another of the three Carpenters which were upon that Jury and to another of their Brethren near the King's Bench Court whereupon they went to lay hold upon Mr. Wynne at which instant Mr Forth the King's Joyner coming interposed upon which Angier said Mr Forth will you assist this Man he says Colonel Sidney's Jury was a Loggerheaded Jury To which Mr Forth answer'd I have nothing to do with the Jury but Glisby knows that I know he it a Loggerhead Of this They complained to Jeffryes who committed Mr Wynne and Mr Forth to the King's Bench It cost Mr Forth about 50 l. whereof Burton had 24 l. and he being a Protestant Joyner he ' scap'd well out of their Hands as times then went especially with that Trade for saying the Jury were a Loggerheaded Jury that They had not Evidence sufficient to find such a Verdict or found a Verdict contrary to Evidence Mr Serjeant Rotherham being examined declared That he was of Counsel for Colonel Sidney and drew a Plea for him which the Colonel desired to have read and threw it into the Court It was to distinguish the Treasons laid in the Indictment and quoted the three Acts of Treason But the Court told him if the Plea had any slip in it he must have Judgment of Death pass on him immediately After this he pleaded Not Guilty That he demanded a Copy of the Indictment as his due but the Court refused it him That Col. Sidney told him that they proved the Paper they accused him of to be his Hand-writing by a Banker who only had his hand upon a Bill Col. Sidney quoted the Lady Carr's Case in the King 's Benels Trinity Term 1669 Anno 21. Car. 2. wherein it was adjudged that in a Criminal Case 't is not sufficient for a Witness to swear he believes it to be the hand but that he saw the party write it The words in the Case are That it must be proved that she actually writ it and not her hand â—ut credit Note Colonel Sidney demanded the Copy of the Indictment upon the Statute 46 Edw. 3. which allows it to all Men in all Cases That Colonel Sidney ask'd him with the rest of the Council whether all the Book should be read at his Tryal The Council said it ought The Book was by way of Questions and meerly polemical discourse of Government in general as far as Serjeant Rotherham could find after reading in it several hours He