be put apart and examined one by one which was granted And then William Blathwayt Esq appeared and delivered in a Paper deposing that it was put into his Custody by Mr. Gwyn Clerk of the Council who seiz'd it among others in my Lord Shaftsbury's House and brought them to the Council-Office put them into one of the Rooms look'd the Door and deliver'd the Key to him And being ordered by the Committee of Examinations he fetch'd up the Trunks and Papers into the Council-Chamber and this Paper he took out of a Velvet Bag which was in the great Trunk that was sealed and then opened on July 6. in the presence of Mr. Samuel Wilson and Mr. Starkey who were both appointed by the Lord of Shaftsbury Then Mr. Gwyn being called deposed That on July 2. by a Warrant from the Secretary he searched the Lord Shaftsbury's House for Papers where was a great Hair-Trunk in which were several sorts of them and a Velvet Bag into which he put some loose Papers and sealed up the Trunk and being sent another way he deliver'd it to Mr. Blathwayt That all the Papers that were in the Velvet Bag he had in my Lord's Closet and that nothing was in that Bag but what he had there when he delivered it to Mr. Blathwayt Then Mr. Secretary Jenkins deposed That that was the Paper that Mr. Blathwayt delivered into his Hands in the Council-Chamber with nine more which he had kept under Lock and Key ever since till Monday last when he took them out and being numbred sent them sealed to Mr. Graham who brought them back to him again without any alteration whatsoever The Paper then was read which was to this effect That We the Knights c. finding to the grief of our Hearts the Papists Contrivances against the Protestant Religion the Life of the King and Laws and Liberties of the Nation to set up Arbitrary Power and Slavery And it being notorious that they have received Encouragement and Protection from James D. of York and from their Expectations of his succeeding to the Crown c. And that by his Influences Mercenary Forces have been levied Parliaments unreasonably Prorogued and Dissolved and the Army and Ammunition put into the hands of his Party and the Reputation and Treasure of the Kingdom hereby wasted That therefore they endeavoured to Exclude him from the Succession to the Crown and that failing they have now thought fit to propose to all true Protestants an Union amongst themselves by solemn and sacred Promise of mutual Defence and Assistance in the Preservation of the Protestant Religion the King's Person and State and our Laws Liberties and Properties in a Declaration in the Form ensuing Which was to this effect First The Person swears to maintain the Protestant Religion against Popery Secondly The King's Person and State as also the Power and Priviledges of Parliaments Rights and Liberties of Subjects c. Thirdly That J. D. of Y. having profess'd himself a Papist and given Life to the Plot that therefore he would oppose his or any other Papist's coming to the Crown by all lawful Means and by force of Arms if need so require c. To this end they mutually obliged one another to pursue unto destruction all that oppose the Ends of this Association and to defend all that enter into it And do engage that they will obey such Orders as they shall from time to time receive from this present Parliament whilst it shall be sitting or the major part of the Members of both Houses subscribing this Association when it shall be Prorogued or Dissolved and obey such Officers as shall by them be set over them in their several Counties c. until the next meeting of Parliament c. And that they would stick to this Association during Life c. In witness whereof c. Never a Hand was to this Paper Which being read and briefly descanted upon by the Counsel for the King John Booth was then called forth who deposed That about the middle of January last be was introduced into the Lord Shaftsbury's Acquaintance by Captain Henry Wilkinson a Yorkshire Gentleman an old Royalist and an old Acquaintance of his about some Concern relating to Carolina After which he went frequently to my Lord's House and between Christmas and March four or five times Where he hath heard him sharply inveigh against the Times and thought himself undervalued and feared that Popery would be introduced And that the Oxford Parliament that was then shortly to meet would give the King no Mony unless he would satisfy them in what they would insist upon which he said would be the Bill of the Exclusion and the abolishing the Statute of the 35th of Eliz. and passing a New Bill to free the Dissenters from the Penalties of the Laws which if refused would make a Breach between the King and Parliament whose meeting at Oxford was designed only to over-awe them And therefore that himself and divers Noble Lords and Members of the Commons had considered their own Safety and that he had establish'd a matter of fifty Men Persons of Quality that he believed would have Men along with them and he intrusted Capt. Wilkinson with the Command of these Men who were to come to Oxford at such a time and if there were any Breach or Disturbance they were to be ready to assist him and those other Persons in his Confederacy to purge the Guards of all Papists and Tories and purge from the King those evil Counsellors which were about him naming the Earl of Worcester the Lord Clarendon the Lord Hallifax Lord Feversham and Mr. Hide now Lord Viscount Hide whom he look'd upon as dangerous Persons and then to bring the King away to London where those things should be established which they designed for the Preservation of the Protestant Religion and keeping out of Arbitrary Power and Government Upon which Capt. Wilkinson desired him to be one under his Command and to provide Horse and Arms to which he consented and did so expecting to be sent for after the Parliament was sat they insisting upon the things the Lord Shaftsbury had predicted but the unexpected News of their Dissolution prevented it Then being ask'd when he first discovered this he answered about six Weeks ago and related the occasion and manner of his doing so Next Mr. Edward Turbervile deposed That in February last he waiting upon the Lord Shaftsbury about his getting some Mony and requesting his Letter to the President of the Council to stand his Friend my Lord said There was little good to be had from the King as long as his Guards were about him were it not for whom they would quickly go down to White-Hall and obtain what terms they thought fit And that the Rabble were all of that Side especially the People about Wapping and Aldersgate-Street That the Rich Men of the City would Vote for Elections but they could not expect they should stand by them in case there
next Design was to be on Novemb. the 17th but the Country not being then in a readiness the Earl of Shaftsbury upon hearing it went away for Holland That after this they all began to lie under a sense that they had gone so far and communicated it to so many that it was unsafe to make a Retreat And for the carrying it on thought it necessary there should be some General Council that should take upon them the care of the whole Whereupon they erected the Council of six which consisted of the Duke of Monmouth Earl of Essex Lord Russel Mr. Hambden jun. Col. Sidney and himself That these met at Mr. Hambden's House about the middle of January last and there the Particulars offer'd to their Consideration whereto they were to bring their Advice were Whether the Insurrection were most proper to be begun in London or in the Country or both in an Instant What Countries and Towns were fittest and most dispos'd to Action What Arms were necessary to be got and how to be disposed How to raise a Common Bank of 25 or 30000 l. to answer all Occasions And lastly How to draw Scotland to consent with them it being thought necessary that all Diversion should be given That about ten Days after the same Persons met again at the Lord Russel's where it was resolv'd to send into Scotland to invite some Persons hither who could give the best accompt of the State thereof viz. Sir John Cockram the Lord Melvil and Sir Hugh Campbel and that in Discourse it was referr'd to Col. Sidney to take care of that Business who afterwards told him he had sent Aaron Smith and given him 60 Guinies for his Journey That to avoid Observation they concluded not to meet till the return of this Messenger and he going in the mean time to his Estate in Essex and thence to the Bath he knew nothing more only when he came back he was informed Smith was come back and Sir John Cockram with him That he was sure the Lord Russel was present at these Meetings and to his understanding did consent though nothing was put to the Vote And he wished he could say the Lord Russel was not there To this the Prisoner insisted that most he had said was only hearsay and the two times they met was not upon any formed Design but to talk of News and they were delighted to hear the Lord Howard talk being full of Discourse of a voluble Tongue and talk'd well And that he never saw any of the Scotch Gentlemen only the Lord Melvil but never upon this Account Here the Attorny General urged that Aaron Smith did go into Scotland and that Campbel he went for was taken which Mr. Atterbury swore that he was then in his Custody and that he had been by his own Confession four days in London before he was took Then Mr. West deposed That he never had any Conversation with the Prisoner only he had heard Mr. Ferguson and Col. Rumsey say that the Lord Russel in the Insurrection in November intended to take his Post in the West where Mr. Trenchard had failed them and that they most depended upon him because he was looked upon as a Person of great Sobriety But this being all but Hear-say the Court would not admit it as Evidence The King's Counsel therefore left the Evidence here and call'd on the Prisoner to make his Defence who to all this made Answer That he could not but think himself mighty unfortunate to stand there charg'd with so high a Crime and that intermixed with the horrid Practices and Speeches of other People the King's Counsel taking all Advantages and improving and heightning things against him That he was no Lawyer an unready Speaker and not so well prepared as he should be c. That he thought his Jury were Men of Consciences and would consider that the Witnesses against him swore to save their own Lives Neither was what Col. Rumsey swore enough to take away his Life or if it were the Time was elapsed by the 13th of this King which limits Prosecution to six Months Neither was a design of Levying War Treason unless it appeared by some Overt-Act as appears by the 25th of Edw. 3d. And then desiring to know upon what Statute he was indicted it was told him upon the 25th of Edw. the 3d. Whereupon he desired Counsel upon these two Points as Matter of Law Whether the Treason were duly proved and if it were Whether it were punishable by the Statute In Answer to which the Court inform'd him That if he were contented that the Fact should be taken as proved against him and desired Counsel upon what was bare Matter of Law he should have it granted but there could be no Matter of Law admitted but upon a Fact admitted and stated And whereas he insisted that the Business at Mr. Shepherd's House was sworn to only by one Witness It was answered that if there were one Witness of one Act of Treason another of a 2d and another of a 3d that manifested the same Treason it was sufficient The Statute then of 25th of Edw. 3d. c. 2. was read And then the Prisoner insisted that he was never but at one Meetings at Mr. Shepherd's and Col. Rumsey was there before he came in but Rumsey said No the Duke of Monmouth and the Lord Russel went away together Then in behalf of the Prisoner the Earl of Anglesey declared That visiting the Earl of Bedford last week the Lord Howard came in and told the Earl of Bedford that his Son could not be in such a Plot or suspected of it and that he knew nothing against the Lord Russel or any Body else of such a Barbarous Design And then going on to tell what the Lady Chaworth had told him the King's Counsel interrupted him telling him as the Court would not permit them to give Hear-say-Evidence against the Prisoner so they must not permit his Lordship to do it for the Prisoner Mr. Edward Howard declared That the Lord Howard took it upon his Honour and his Faith he knew nothing of any Person concerned in that Business and noâ— only thought the Lord Russel unjustly suffered but he took God and Man to Witness he thought the Lord Russel the Worthiest Man in the World Dr. Burnet declared The Lord Russel was with him the Night after the Plot broke out and did then as he had done before with Hands and Eyes lifted up to Heaven protest that he knew nothing of any Plot nor believ'd any and treated it with great Scorn and Contempt The Lord Cavendish testified to the Prudence and Honour of the Lord Russel and how unlikely it was for him to be concern'd and had heard him declare his ill Opinion of Rumsey two or three Days after the Discovery and therefore that it was unlikely he would entrust him with such a Secret Dr. Thomas Cox and Dr. Burnet again testified as to his Life and Conversation and of his aversness to
the Prisoners Mrs. Gaunt to be burnt and the other 3 to be drawn hang'd and quarter'd which was accordingly executed upon them and Mr. Cornish was hang'd in Cheapside over against Kings-street on Friday October 23 1685. and his Quarters afterwards put up in several Places and his Head upon the Guild-Hall where it stood till the tidings of the Dutch Invasion summon'd it with the other Quarters into the Grave after they had been expos'd in that infamous manner the space of 3 Years The Trial of Henry Baron Delamere in Westminster-Hall before George Lord Jefferies constituted Lord High-Steward on this Occasion on Thursday Jan. 14 1685. THen and there the Court being met the Lord High-Steward's Commission was first read and the Staff being carried between Garter King at Arms and the Gent. Vsher of the Black Rod was with 3 Reverences delivered upon the knee to his Grace and by him redelivered to the Gent. Vsher of the Black Rod to hold during the Service Then Proclamation was made by a Serjeant at Arms for all Persons present except Peers Privy Councellors and the reverend Judges now assistant to be uncovered and for all to whom any Writ had been directed for the certifying of any Indictment before his Grace to bring in the same forthwith After which Sir Edward Lutwich deliver'd in his Writ and Return which were read And then the Lieutenant of the Tower was call'd to bring his Prisoner to the Bar which having done Sir Roger Harsnet Serj. at Arms was called to return the Names of the Peers which he had summoned who were then called over by the Clerk of the Crown and those that appeared were these following who standing up uncovered answered to their Names each making a Reverence to the Lord High Steward Lawrence Earl of Rochester Lord High-Treasurer of England Robert E. of Sunderland Lord President of His Majesties Privy-Council Henry Duke of Norfolk Earl-Marshal of England Charles D. of Somerset Henry D. of Grafton Henry D. of Beaufort Lord President of VVales John Earl of Mulgrave Lord Chamberlain of His Majesties Houshold Aubrey E. of Oxford Charles E. of Shrewsbury Theophilus E. of Huntingdon Thomas E. of Pembroke John E. of Bridgwater Henry E. of Peterborow Robert E. of Scarsdale VVilliam E. of Craven Louis E. of Feversham George E. of Berkley Daniel E. of Nottingham Thomas E. of Plimouth Thomas Viscount Falconberg Francis Viscount Newport Treasurer of His Majesties Houshold Robert Lord Ferrers Vere Essex Lord Cromwell VVilliam Lord Maynard Comptroler of His Majesties Houshold George Lord Dartmouth Master-General of His Majesties Ordinance Sidney Lord Godolphin John Lord Churchill The Lord High Steward then having acquainted the Prisoner with the occasion of this meeting order'd the Bill of Indictment to be read which was done twice at the Prisoner's desire And then the Prisoner deliver'd in his Plea to the Jurisdiction of this Court that he ought to be tried by the whole Body of the House of Peers in Parliament the Parliament still continuing being under a Prorogation and not dissolved and because there was some agitation of the matter concerning this Prosecution upon his Petition in the House of Lords c. To which the Attorny General answer'd that the Plea was not good there never having been so much as any Indictment returned there nor found during the Session of Parliament besides that the Plea was in Paper and English The Prisoner then desired Counsel to put it into Form But it being a Plea against the Jurisdiction no time could be allowed and the Prisoner having no Counsel ready to plead his plea was over-ruled and he pleaded Not Guilty After which the Lord High Steward gave the Charge to the Peers and Sir Thomas Jenner Recorder of London opened the Indictment and Mr. Attorny General the Evidence And then the Lord Howard was first sworn Who gave the same account about the Earl of Shaftsbury's design'd Insurrection as before he had done at the other Trials where he was a Witness to which therefore the Reader is referred The Lord Grey deposed that Cheshire was one of the Places pitch'd upon for the Rising and for that end the Duke of Monmouth went his Progress into those Parts to make his Interest there and that the Prisoner was one he was directed to advise with That after the late King's Death the Duke of Monmouth was at Amsterdam with the Lord Argyle where there was an Account given of the Design that was in Hand of an Insurrection in Scotland and at that time came over to Holland Mr. Crag from Major Wildman to promote and recommend a Reconciliation between the Duke of Monmouth and the Lord Argyle who till that time had acted in separate interests giving some account that Means and Money were prepared This encouraged the Duke of Monmouth to send Capt. Matthews into England to Major Wildman to desire him to acquaint several Persons among whom the Prisoner was one that he was designed to join the Lord Argyle When Crag return'd to the Duke he gave an account that Major Wildman had convers'd with these Persons and that their Opinion was that the Duke should go for Scotland whereby they might know the strength of the Enemy here by their sending to suppress the Rebellion there and also that Major Wildman desired the Duke to bring over with him a Broad Seal to seal Commissions with and to take upon him the Title of King That soon after Crag's return Jones came with a Message to the Duke from England and was sent back shortly after by the Duke with a Letter of Instructions And the Duke intended first to have landed in Cheshire he very much depending upon that County but afterwards considering that the Persons there being of great Quality and Interest in their Country and able to manage it without his Assistance he chose rather to land in the West the Friends he relyed on there not being of that Quality Mr. Nathaniel Wade deposed that at Amsterdam soon after the Death of the late King the Duke of Monmouth and the Lord Argyle had a Consultation together and agreed that at the same time the Lord Argyle made an Insurrection in Scotland the Duke should invade England For which end the Duke sent Capt. Matthews into England to acquaint his Friends among whom he heard the Lord Delamere named to be ready for his Assistance Crag was sent over for Money but could get none and therefore the Duke sent him over again to pawn his Jewels and get what Money he could wherewith he fitted out 3 Ships laden with Ammunition and having before ordered his Friends to repair to their own Countries to be ready he set Sail and landed at Lyme and ordered his March so as that he might most conveniently meet with his Cheshire Friends In pursuance whereof they came to Keinsham Bridge where a Party of the Kings Horse set upon them of whom they took some Prisoners and thereupon thought it advisable not to let the Kings
AN EXACT ABRIDGMENT Of all the TRIALS Not omitting any Material PASSAGE therein which have been published since the Year 1678 Relating to the Popish and pretended Protestant-Plots In the Reigns of King Charles the 2d and King James the 2d LONDON Printed by J. D. for Awnsham Churchill at the Black-Swan in Avy-Mary Lane MDCXC To the Right Honourable HENRY LORD BOOTH Baron DE LA MER of Dunham-Massy Lord Lieutenant of the County-Palatine of Chester one of the Lords of the Treasury and one of his Majesty's most Honourable Privy-Council My Lord THat I presume to present this Abstract to your Honour the just Interest your Lordship hath both in it and its Author is sufficient Apology It must never be forgot what good Service Your Trial though Your own extraordinary Prudence and couragious management thereof did to the Publick in stopping that Sluce of Blood which had unjustly been then opened with a Design which had well-nigh effected to suffocate our Laws and feed their Tyrannical Arbitrary Power For 't is evident the Fanatick Plot then like them that made it afterward disserted the Stage and though your Honour 's undaunted Appearance and powerful Aid have never since as 't is hoped they never will dare to appear amongst us the unavoidable Mischief whence otherwise would have followed most Men now are wise enough to apprehend Your Lordship's Vertues indeed have always from a very early beginning rendred You a no less real Friend to your Country than a formidable Enemy to the mightiest of its Opposers And Your generous Courage hath embolden'd You to express it even with the greatest Hazard in the worst of Times You have done and suffered much I 'me sure Your share for the Publick and your Lordship's last generous Essay hath now made all Men very sensible of it so that your Honour's Fame needs not the Aid of my Breath to blow it further Abroad Only I must crave your Lordships leave to say that I am proud of this Occasion to tender your Honour even so small a Testimony of real Gratitude from one who is a Member of a Family that hath been honour'd with a long and uninterrupted Friendship of Yours not only in Your Father's Time but in Your Lordship 's since May Your Honour go on to dazle and outshine all your Enemies in faithfully serving the best of Princes and the most ungrateful of Nations May Almighty God long preserve your Person and Vertuous Family in Grace Health and Prosperity And may this your Trial be the last that ever may entitle You to the Patronage of the like Abstraction is the sincere Prayer of My Lord Your Honours most Humble and Faithful Servant P. N. TO THE READER AS in these ten or eleven Years last past have happened as wonderful Passages within this our Island as ever History mention'd so are the Records thereof surely very valuable to the considering part of Mankind A Collection whereof thou art here presented with in a Volume that will spare thee both in thy Purse and Time without defrauding thee of the least drachm of any material Information Here thou hast the substance of Forty nine Trials consisting of near seven hundred Sheets of Paper and which bought singly as they were published cost five Pounds or more and which now would be difficult to collect at almost any price carefully reduced comparatively to a small Bulk and Price yet so as to preserve a perfect remembrance of Things and Persons any way materially concerned therein As herein was designed nothing of Reflection so must thou expect only an Abstraction And for the Compleatness and Sufficiency of this I submit to thy Censure after thou hast read what follows I say nothing of the usefulness thereof because none can have so little Concern for the Knowledg and Remembrance of past Transactions as not to be aware of it If it be well done I am sure it cannot be ill took A CATALOGUE of the following TRIALS Abridg'd 1678. The Trials of 1. WIlliam Staley Pag. 1 2. Edward Coleman Pag. 5 3. William Ireland Thomas Pickering and John Grove Pag. 13 4. Robert Green Henry Berry and Lawrence Hill Pag. 19 5. Nathaniel Thompson William Pain and John Farrell Pag. 31 1679. The Trials of 6. Nathaniel Reading Pag. 42 7. Thomas Whitebread William Harcourt John Fenwick John Gavan and Anthony Turner Pag. 50 8. Richard Langhorn Pag. 62 9. Sir George Wakeman William Marshal William Rumley and James Corker Pag. 71 10 Andrew Brommich William Atkins and Charles Kern Pag. 80 11 Thomas Knox and John Lane Pag. 85 12 Lionel Anderson William Russel Charles Parry Henry Starkey James Corker Will. Marshal and Alexand. Lumbsden Pag. 98 13 Sir Thomas Gascoyne Pag. 101 1680. The Trials of 14 Henry Care Pag. 112 15 Elizabeth Cellier Pag. 115 16 Roger Earl of Castlemain Pag. 118 17 John Giles Pag. 123 18 Elizabeth Cellier Pag. 131 19 Thomas Twing and Mary Pressicks Pag. 139 20 William Viscount Stufford Pag. 145 1681. The Trials of 21 Edward Fitz-Harris Pag. 190 22 Oliver Plunket Pag. 198 23 Sir Miles Stapleton Pag. 204 24 Georgt Busby Pag. 209 25 Stephen Colledge Pag. 214 26 Anthony Earl of Shaftsbury Pag. 243 27 Charles John Count Coningsmark Christopher Vratz John Stern and Charles George Borosky Pag. 255 1683. The Trials of 28 Thomas Pilkington Samuel Shute Henry Cornish Ford Lord Grey of Werk Sir Thomas Player Slingsby Bethel Francis Jenks John Deagle Richard Freeman Richard Goodenough Robert Key John Wickham Samuel Swinock and John Jekyll sen the pretended Rioters Pag. 266 29 Capt. Thomas Walcot Pag. 274 30 William Hone Pag. 289 31 William Lord Russel Pag. 292 32 John Rouse Pag. 303 33 Capt. William Blague Pag. 307 34 Col. Sidney Pag. 311 35 John Hambden Pag. 325 36 Lawrence Braddon and Hugh Speke Pag. 332 37 Sir Samuel Barnardiston Pag. 351 1684. The Trial of 38 Sir William Pritchard Plaintiff and Thomas Papillon Defendant Pag. 364 1685. The Trials of 39 Dr. Titus Oates Pag. 372 40 Dr. Titus Oates Pag. 384 41 William Ring Pag. 397 42 John Fernly Pag. 400 43 Elizabeth Gaunt Pag. 402 44 Henry Cornish Pag. 404 45 Henry Baron Delamere Pag. 404 45 Henry Baron Delamere Pag. 410 1686. The Trial of 46 Henry Lord Bishop of London Pag. 424 1687. The Trial of 47 William Ld. Arch Bp. of Canterbury William Ld. Bp. of St. Asaph Francis Ld. Bp. of Ely John Ld. Bp. of Chichester Thomas Ld. Bp. of Bath and Wells Thomas Ld. Bp. of Peterborough Jonathan Ld. Bp. of Bristol Pag. 434 The following Petition and Trials were omitted in the former Collection are now added in the Appendix Col. Sidney's Petition to K. Charles II. Pag. 1 The Trial of Charles Bateman Chirurgeon P. 2 The Trial of John Hambden Gent. P. 10 This may be printed ROB. MIDGLEY June 17. 1689. The Trial of William Stayley Goldsmith at the King's-Bench-Bar on Thursday Novemb. 21. 1678. HIS Indictment was for Treasonable Words against his most
the quarterly Sessions several came to them to ask News and they told of Mr. Arnold's Hurt and were as sorry for it as any Persons could be and confess'd it a very ill thing That he supposed Mr. Arnold must needs be acquainted with Giles he having been head-Constable and always a Protestant Then John Jones the Cutler's Apprentice swore That his Master asking the Prisoner Mr. Giles Have you been in some Battel Have you been fighting with the Devil No said he for I never met with Arnold And that he did not hear his Wife bid him hold his Tongue Then John Howel Mr. William Richmond's Man deposed That he came to Town with Giles that Day about 12 and that he heard him call to his Master about 11 or 12 a Clock that Night Then Ann Beron being sworn she deposed That Giles was in her Company most part of that Day and that she was at Dinner with him and till 9 a Clock at Night when she left him in the Kitching and went to Bed Elizabeth Crook the Maid of the Inn she swore she made his Bed about 10 and before 11 asked him if she should take away his Candle He bid her lock the Door and he would put out his Candle but she went away and did not and left the Candle She denied that Mr. Richmond came to her or that she saw him till he refresh'd her Memory by remembring her how he courted her to make himself merry which then she acknowledged much to the credit of Mr. Richmond's Testimony and disparagement of her own Then one Edward James did swear That he drank with Giles at the King's-Arms in St. Martin's-Lane from 9 to 12 at Night and then left him in the Kitchen the same Night the Maid had sworn otherwise just before him Then Robin Gibbon John Chadwick Eliz. Peter Powel and Roger How all swore they saw him about 9 but that was not material To these Witnesses the King's Counsel thought it needless to answer they being all either frivolous or contradictory Therefore Sir George Jefferies the Recorder summ'd up the Evidence and directed the Jury who withdrew and after about half an hours debate brought the Prisoner in Guilty Which done the Court adjourn'd till the Saturday following when the Recorder passed the Sentence of the Court upon him which was To stand from 12 to one in the Pillory one day at the place where the Fact was committed another day over against Greys-Inn in Holborn and another at the May-pole in the Strand with a Paper on his Hat signifying his Offence and then to pay to the King 500 l. and be committed in Execution till paid and then to find Sureties for his Good-Behaviour during Life The Trial of Elizabeth Cellier at the Old-Baily on Saturday Sept. 11 1680. THen and there the Defendant appeared upon an Information for Writing Printing and Publishing a scandalous Libel called Malice defeated c. to which she had pleaded Not Guilty The Jury were John Ainger Richard Boys John Stephens Thomas Phelps Gilbert Vrwin Edward Allanson Richard Living John Coggs Henry Hodgsden John Barnard Edward Low and James Southern To whom the Information being read Robert Dormer Esq opened the same and then Mr. John Penny depos'd that he bought that Book the Libel being shewn him of Mrs. Cellier who own'd it for hers and said she could if there were occasion put a great deal more in Mr. William Downing deposed that he printed part of that Book by her direction to fol. 22. and then the Messenger found it and some body else printed the rest Mr. Robert Stephens depos'd that he saw the Book a printing at Mr. Downings and heard Mrs. Cellier own it for hers and say that she kept a Man in the House to write it and she dictated to him and that he saw her sell several of them Then Mr. Matthias Fowler deposed that he bought two of them Books of Mrs. Cellier for 4 s. hearing that his Name was mention'd therein tho very falsly as he had made Oath before the Lord Mayor all that he knew being only this That on the Tuesday seven-night after the Murder of Sir Edmondbury Godfrey one Corral a Coachman waiting to carry some Gentlemen that were in his House begg'd a Pipe of Tobacco of his Wife in the Bar Ay said she thou lookst like an honest Fellow and I believe thou hast no hand in the Plot a casual word that was passant at that time thereupon he began to tell her how he had escaped that danger for that four met him against St. Clemens Church-wall and swore he should stand and do as they would have him when he saw Sir Edm. Godfrey's Body in a Sedan whom he sham'd upon and told them he could not carry him for that the Axle-Tree of his Coach was broke That this he over-heard and came out which the Fellow repeated over again to him but then perceiving he had been too lavish in his Discourse he run out in haste pretending to see whether the Seats of his Coach were not stolen out whom he followed and found him driving away tho he had left his Whip behind He took the number of his Coach which the next day giving to Captain Richardson he secured the Man and he was brought with him to Wallingford-house and examin'd by the Duke of Buckingham the Earl of Shaftsbury the Marquess of Winchester two other Lords and Major Wildman where he confessed the whole matter that he said so at his House but would have sham'd it off himself that he only heard it from others and being nothing could be got out of him he was reordered to Newgate where he continued several Months but that he never was with him there as the Libel charged him Whereupon the Libel was then produced and the several Clauses recited in the Indictment were read which were to this purpose It was intituled Malice defeated or a brief Relation of the Accusation and Deliverance of Elizabeth Cellier wherein her Proceedings both before and during her Confinement are particularly related and the Mystery of the Meal-Tub fully discovered together with an Abstract of her Arraignment and Trial. Written by her self for the Satisfaction of all Lovers of undisguised Truth In the Book she gives an Account how she turn'd from Protestanism to Popery upon the occasion of King Charles I. Murther ascribing the Preservation of King Charles II. at Worcester wholly to the Papists and from her Observation of the chiefest Sticklers for the Plot being those or the Sons of those that acted the principal Parts in the last Tragedy she doubted of its Truth and therefore thought it her Duty through all sorts of hazards to relieve the poor imprisoned Catholicks which she had done some Months before ever she saw the Countess of Powis c. That on Thursday Jan. 9 1678 she being in Newgate with five Women of which three were Protestants about four in the Afternoon they all heard terrible Groans and Squeeks which came out
testified that he being to carry Mrs. Pressicks before Justice Lowther Bolron's Wife said she was sorry for it for she believed her to be an honest Woman and had been a good Neighbour amongst them Mary Walker Servant-maid to Mrs. Lassels Thwing's Sister testified that Bolron proffer'd her 10 l. to swear Thwing was a Priest Then William Bacchus said that when he served a Warrant on the two Mrs. Bolron's to go before Mr. Lowther they said they could say nothing against Six Tho. Gascoyne nor any of the Family Cuthbert Hamsworth said that fie heard Bolron swear Revenge against the Lady Tempest for prosecuting a Suit against him Then the Prisoner endeavoured to prove he was not at Barnborow-hall in 1677. by George Twisley Groom to Sir Tho. Gascoyne who could only say that he used to come there but a night or two in a Year Joseph Cooper said that about a Year ago he heard Mowbray say he knew nothing of the Plot and that he believed Sir Tho. Gascoyne was guilty of no such thing for if he had he should have known it as soon as Bolron and he was a Rogue and a Knave for saying any such thing Edward Cooper sen said he then heard Mowbray say he thought Sir Thomas Gascoyne was not guilty of the Plot. Isabel Heyward a Girle that lived with Bolron as a Servant testified that her Master and Mistrifs falling out she said she would not go to London and if he made her go she would swear that what he had sworn against Mrs. Pressicks was out of Malice Alice Dawson testified that the day after New-years-day was twelve-month Mrs. Bolron said she was sorry for nothing but that her Husband had meddled with Mrs. Tressicks One or two Witnesses more were called but nothing to the purpose Therefore Mr. Justice Dolben summ'd up the Evidence and Mr. Baron Atkins proceeded to do the same And the Jury withdrawing for a while brought in Thomas Thwing Guilty and Mary Pressicks not Guilty And on the Monday following Mr. Justice Dolben sentenced him to be Drawn Hang'd and Quarter'd The Trials of William Viscount Stafford in Westminster-hall from November the 30th to December the 7th 1680. before the House of Peers ON Tuesday Nov. the 30th the Right Honourable Henege Lord Finch Baton of Daventry Lord High Chancellor of England being constituted Lord High Steward for the present occasion and all things fitted for the purpose in VVestminster-hall and both Houses being seated and the Commons all bare VVilliam Viscount Stafford was brought to the Bar kneeling till the Lord High Steward bid him rise and a Chair set for him After which making a short Speech to him concerning the occasion of his appearing there the Articles of Impeachment High Treason against him and the other Lords in the Tower by the Commons of England were read which consisted of seven Heads The 1st That there hath for many Years a Plot been contrived c. 2ly Naming the Persons concerned therein and particularly the Noble Lord at the Bar. 3ly That consults had been held and the Murder of the King resolved on therein c. 4ly That consultations have been for the raising of Men Mony Arms c. 5ly That Commissions had been given and received and particularly a Commission for the Lord Stafford to be Pay-master of the Army 6ly That to hide and hinder a Discovery an Oath of Secresy and the Sacrament had been given and taken and Sir Edm. Godfrey murdered 7ly That the Guilt of that Murder was endeavoured to be put upon Protestants c. The Lord Stafford's Answer to which was then also read wherein he put himself upon his Peers for Trial affirming himself Not Guilty After this Serjeant Maynard Sir Francis VVinnington and Mr. Treby being of the Committee appointed for the Management of the Evidence opened the Charge and Evidence in very excellent Speeches And proposed to prove first the Plot in general and the Guilt of this Lord therein in particular And therefore as to the first Mr. Smith being sworn gave a full relation of his Travels and Perversion and of what he had heard beyond Sea and in England concerning this Plot. How Abbot Montague and Father Gascoyne in France and other Priests and Jesuits told him that if he would turn Catholick he should have Employment among them there and afterwards England for that they doubted not but the Popish Religion would come in very soon and that because as the Abbot said they doubted not to procure a Toleration of Religion and because the Gentry that went abroad did observe the Novelty of their own Religion and the Antiquity of theirs and the Advantages that were to be had by it But one Father Bennet and others said they doubted it not because their party was very strong in England and in a few Years they would bring it in right or wrong That it was Cardinal Crimaldi who perverted him about 1671 to the Romish Religion at Provence and that afterwards he lived several Years in the English Jesuits Colledg at Rome where he hath often heard it disputed and preached and exhorted that the King of England was an Heretick and that there was no King really reigning and whoever took him out of the way would do a meritorious Action particularly by Father Anderton Mumford Campion but chiefly Southwel one of the chief of the Jesuits That when he came away thence for England these Fathers for a whole Month were exhorting that the King of England was not to be obeyed and that in all private Confessions all Persons who might be thought capable of any design were to be instructed that they should use all their Endeavours for promoting Popery That while he was at Rome he read Coleman's Letters of Intelligence once a Month and therein how the Duke and the Queen and the chief of the Nobility were of their side how they carried matters several times the ways the Lord Clifford and Sir VVilliam Godolphin did use to effect the work and that they question'd not to get the Lord Danby on their side too That when he return'd into England he found all the Popish Clergy in great hopes of Popery coining shortly in That he knew of Money gathered in the North but refused to joyn therein That as to the Lord Stafford he knew nothing but that Sir Henry Calverley was turned out of Commission of the Peace through Complaint made to my Lord Stafford of his being active against Popery And that he writ to one Smith that he would not make over his Estate as others did for that he expected some sudden Change or Alteration That the Cardinal who perverted him at the same time spoke of great Assurances that Popery would prevail in England that there was but one in the way and tho that Man was a good natured Man yet they could not so far prevail upon him but that to accomplish their designs they must take him out of the way That now he had been a Protestant two
nor could ever endure him reviling him as having been a poor Boy found at the Door then a Thresher then a Baily and now a Witness for the King To this end he acknowledged that he spoke to Dugdale on the 20th of September in his Chamber but not alone nor about any thing but a Race to be run that day on Etching-Hill which he proved by the Testimony of his own Servants Nicholas Furness a Dutch-man whose Blunder in his Evidence made the Auditory laugh and George Leigh He produced also Thomas Sawyer a Servant to the Lord Aston and Mr. Phillips Parson of Tixal as to the Reputatiof Dugdale who said little more to disparage him than that he ran away from the Lord Aston and was apprehended and would then have been own'd by my Lord as his Servant which was refused and Six Walter Bagot Mr. Thomas Kinnersley and Sir Thomas Whitgrave being the Justices before whom he was brought affirmed That then he took the Oaths of Allegiance c. and protested he knew nothing of the Plot. Then the Lord Stafford offered to prove further against Dugdale that he had offered Mony to some to swear falsly against his Lordship to this end William Robinson a Worcestershire-man affirmed That about Midsummer was twelve-month Dugdale offered him Mony in London to swear against the Lord Stafford and John Morral a Barber in Ridgley in Staffordshire that he proffer'd him 50 l. in Hand and 50 l. more when the thing was done to swear against Mr. Howard Sir James Symonds Mr. Herbert Aston and several others as concern'd in the Plot And Samuel Holt a Black-smith at Tixal that he proffered him 40 l. to swear that Walter Moor carried Ewers away Then the Lord Stafford proceeded to prove that Dugdale deposed at the Trial of the five Jesuits That he communicated the News of Sir E. Godfrey's Death which was on Saturday to Mr. Sambidge the Tuesday following which Mr. Sambidge denies That he so swore Mr. John-Lydcott a Fellow of King's-Colledg in Cambridg and one Charles Gifford who were present at that Trial and took Notes did testify And Mr. Sambidge denied that he heard of the News till Friday or Saturday or that he was at the Ale-house with Dugdale at all but that he was an ill Man and very abusive especially to the Clergy Then the Lord Stafford proceeded against Dr. Oates objecting against him That when he was examin'd before the Council having named many and not naming the Prisoner he said he had no more to accuse and for the proof of this he call'd Sir Philip Lloyd who remembred nothing of it and appealed to the Lords then present but none could speak to it till at length the Earl of Berkley did say That he remembred in the House of Lords when Dr. Oates was asked If he could accuse any other Person of what Quality soever Oates answered That he had no more in relation to England to accuse but in relation to Ireland he had which was after he had accused the Lord Stafford though before he had accused the Queen Then he called for Mr. Dugdale again and objected further against him That he did depose before Tho. Lane and J. Vernon two Justices in Staffordshire Decemb. 24. 1678. That presently after one Howard Almoner to the Queen went beyond-Seas he was told by Geo. Hobson Servant to the Lord Aston that there was a Design c. Whereas this Hobson was not a Servant to the Lord Aston of three Years after the Almoner went and yet here he says presently But Dugdale explained that his meaning was that Hobson told him there was a Design presently after the Almoner went c. Which was contested but at last submitted to Then Mr. Turbervile was called again and the Prisoner objected against him his deposing to the Year 1673 one day and to 1672 the next whence he concluded him to be necessarily perjured But Sir William Poultney who took his Affidavit related the whole Story which shewed him to be mistaken in the Year which he finding out that Night by a Paper he found came and corrected it himself the next Morning And whereas the Lord Stafford had charged him for a Coward and for running away from his Colours he produced his Discharge from his Captain which certified otherwise Then whereas Turbervile had before deposed that his Lordship was lame of the Gout when he waited upon him in France he declared he had not been lame these forty Years and never had the Gout in his Life and his two Servants Furness and Leigh testified the same for the time they had lived with him and who were with him then in France but denied that ever they saw Turbervile with him And whereas Turbervile deposed That he came to England by Calice he said he came by Diep and produced one Mr. Wyborne who testified the same together with his aforesaid two Servants Again whereas Turbervil deposed That when he came from Doway his Relations were angry with him and the Lord Powis and his Lady he affirmed that he was upon his return received courteously at the Lord Powis's House and by his Relations which was testified by John Minhead one that belonged to the Lord Powis and a French-Man And whereas Turbervile said he was disinherited his elder Brother by another Mother testified the kindness of his Relations towards him and that there was no Estate likely ever to come to him there being so many Heirs before him Finally whereas Turbervile also in his Affidavit had said the Lord Castlemain was at the Lord Powis's at such a time which must be either in the Years 1672 1673 or 1674 he called Mr. Lydcott again to testify he was not in Wales in any of those Years who by his Notes which he confessed he had transcribed out of another Book spoke very particularly to the times only the beginning of 1672 he could not tell how to account for nor did Turbervile ever say positively to a Year So the Lord Stafford being asked if he had any more Witnesses and answering he had three or four the Peers thought it too late to proceed and so adjourned into the Parliament-Chamber and the Commons went back to their House to whom the Lords sent a Message that they had ordered the Prisoner again to the Bar at Ten next Morning The Fourth Day FRiday Decemb. 3 1680. about Ten the Court being sat and the Prisoner at the Bar the Ld. High Steward reminding him how far he had gone and where he left off in his Defence desired him to go on Who called therefore John Porter Butler to the Lord Powis who said That about a Year ago in several places in London he heard Turbervil say that he believed neither the Lord Powis nor the rest of the Lords were in the Plot and the Witnesses that swore against him he believed were perjured and he could not believe any thing of it and that as he hoped for Salvation he knew nothing of it neither directly
which the Court adjourned and the Lords sent a Message to the Commons that they had ordered the Prisoner to the Bar again on Monday morning at 10 a Clock The sixth Day MOnday December 6. 1680. about 11 the Court being sat and the Prisoner at the Bar his Petition was read which was for leave to offer a few things more to clear himself and which the Ld. H. Steward told him the Lords had granted He then said that seeing he had received their Order that his Counsel should not be heard touching the continuance of Impeachments from Parliament to Parliament he desired that he might offer them his own Conceptions concerning that urging that they had not yet declared their own Judgments either as to that or whether they did acquiesce in the Judges Opinions praying that his Counsel might be heard as to the other points protesting his own Innocency and Abhorrency of Treason reading then his Case and repeating his Defence c. After which the Lords adjourned into the Parliament Chamber and the Commons returned to their House and received a Message from the Lords that they had ordered the Prisoner to the Bar to receive Judgment to morrow at 10. The seventh Day TUesday December 7 1680. About 11 the Court being sat the Ld. H. Steward took the Votes of the Peers upon the Evidence beginning at the Puisne Baron and so upwards in order the Lord Stafford being as the Law required absent The Ld. H. Steward began then saying My Lord Butler of VVeston Is VVilliam Lord Viscount Stafford Guilty of the Treason whereof he stands impeached or not Guilty Lord Butler Not Guilty upon my Honour The same Question was put to the rest whose Names and Votes follow Ld. Arundel of Trerice Not Guilty upon my Honour Ld. Crewe Guilty upon my Honour Ld. Cornwallis Guilty upon my Honour Ld. Holles Not Guilty upon my Honour Ld. VVootton Not Guilty upon my Honour Ld. Rockingham Guilty upon my Honour Ld. Lucas Not Guilty upon my Honour Ld. Astley Guilty upon my Honour Ld. VVard Not Guilty upon my Honour Ld. Byron Not Guilty upon my Honour Ld. Hatton Not Guilty upon my Honour Ld. Leigh Guilty upon my Honour Ld. Herbert of Cherbury Guilty upon my Honour Ld. Howard of Escrick Guilty upon my Honour Ld. Maynard Guilty upon my Honour Ld. Lovelace Guilty upon my Honour Ld. Deincourt Not guilty upon my Honour Ld. Grey of Wark Guilty upon my honour Ld. Brook Guilty upon my honour Ld. Norreys Not guilty upon my honour Ld. Chandos Guilty upon my honour Ld. North and Grey Guilty upon my honour Ld. Paget Guilty upon my honour Ld. Wharton Guilty upon my honour Ld. Eure Guilty upon my honour Ld. Cromwel Guilty upon my honour Ld. VVindsor Not guilty upon my honour Ld. Conyers Guilty upon my honour Ld. Ferrers Not guilty upon my honour Ld. Morley Not guilty upon my honour Ld. Mowbray Not guilty upon my honour Ld. Viscount Newport Guilty upon my honour Ld. Visc Faulconberg Guilty upon my honour Earl of Conway Guilty upon my honour E. of Berkley Not guilty upon my honour E. of Maclesfield Guilty upon my honour E. of Hallifax Not guilty upon my honour E. of Feversham Not guilty upon my honour E. of Sussex Guilty upon my honour E. of Guilford Guilty upon my honour E. of Shaftesbury Guilty upon my honour E. of Burlington Guilty upon my honour E. of Ailesbury Not guilty upon my honour E. of Craven Not guilty upon my honour E. of Carlisle Guilty upon my honour E. of Bath Not guilty upon my honour E. of Essex Guilty upon my honour E. of Clarendon Not guilty upon my honour E. of St. Albans Not guilty upon my honour E. of Scarsdale Guilty upon my honour E. of Sunderland Guilty upon my honour E. of Thanet Not guilty upon my honour E. of Chesterfield Not guilty upon my honour E. of Carnarvan Not guilty upon my honour E. of Winchelsea Guilty upon my honour E. of Stamford Guilty upon my honour E. of Peterborough Not guilty upon my honour E. of Rivers Guilty upon my honour E. of Mulgrave Guilty upon my honour E. of Barkshire Guilty upon my honour E. of Manchester Guilty upon my honour E. of Westmoreland Guilty upon my honour E. of Clare Guilty upon my honour Earl of Bristol Guilty upon my honour E. of Denbeigh Not guilty upon my honour E. of Northampton Guilty upon my honour E. of Leicester Guilty upon my honour E. of Bridgwater Guilty upon my honour E. of Salisbury Guilty upon my honour E. of Suffolk Guilty upon my honour E. of Bedford Guilty upon my honour E. of Huntington Guilty upon my honour E. of Rutland Not guilty upon my honour E. of Kent Guilty upon my honour E. of Oxford Guilty upon my honour Ld. Chamberlain Not guilty upon my honour Marquess of Worcester Not guilty upon my honour D. of Newcastle Not guilty upon my honour D. of Monmouth Guilty upon my honour D. of Albemarle Guilty upon my honour D. of Buckingham Guilty upon my honour Ld. Privy-Seal Guilty upon my honour Ld. President Guilty upon my honour Ld. H. Steward Guilty upon my Honour Prince Rupert Duke of Cumberland Guilty upon my Honour The Ld. H. Steward then declared that upon telling the Votes he found there were 31 that think the Prisoner Not Guilty and 55 that have found him Guilty Whereupon the Prisoner was brought to the Bar and the Ld. High Steward informing him the Lords had found him Guilty He said God's Holy Name be praised for it confessing it surpriz'd him for he did not expect it and that he had only this to say for suspending of Judgment That he did not hold up his Hand at the Bar which he conceived he ought to have done and that though he was tried upon the Act of 25. Edw. 3. yet there being nothing more in that Act than what is included in the Act of the 13th of this King he ought only to lose his Seat in Parliament which was the Punishment there put down for a Peer submitting to their Lordships and desiring their Judgments in these Points Then the Lords Adjourned into the Parliament-Chamber and the Committee of Commons returned to their own House and the Speaker having re-assumed the Chair the whole Body of the House went with their Speaker to the Bar of the House of Lords to demand Judgment of High-Treason against William Viscount Stafford upon the Impeachment of the Commons of England in Parliament in the Name of the Commons in Parliament and of all the Commons of England Then the Commons with their Speaker went back to their House Then the Lords took into Consideration what Judgment was to be given and it was moved that he might be beheaded After some Debate the Judges were asked Whether if any other Judgment than the usual Judgment for High-Treason were given upon him it would attaint his Blood The Judges were of Opinion that the Judgment for High-Treason appointed by Law is to
Indicted and which was given in Evidence before the Grand-Jury upon the Trial was there grounded To the first the Ed. Ch. Justice reply'd That a Conspiracy was prov'd if the Witnesses speak Truth by his publishing Libels and Pictures to make the King odious and contemptible in the Eyes of the People and his being the Author of some of them and they being found in his Custody To the Second it was answered That the Resolution of the Judges in my Lord Stafford's Case is contrary There being two Witnesses to an Indictment of Treason tho there be but one Witness that proves one Fact which is an Evidence of Treason and another that proves another that is an Evidence of the same Treason tho they be but single Witnesses to several Facts And to the Third it was answer'd in the Affirmative it being any Act of Treason that is of the same kind Then Mr. Colledge being call'd upon to call his Witnesses he express'd himself in a long Speech protesting his own Innocency not doubting to prove this one of the Hellishest Conspiracies that ever was upon the face of the Earth and these the most notorious wicked Men an absolute Design to destroy all the Protestants of England who have had the Courage to oppose the Popish Plot in which no Man of his condition had done more than he had done Declaring that he was bred a Protestant and continued so hitherto and by the Grace of God would die so That he had been concern'd with Persons of Honour and could not be reasonably deem'd such a Fool or Madman as to talk of such things to Papists Priests and Irish-Men who had broke their Faith with their own Party and upon whom he could lay no such Oaths and Obligations That his acquaintance with Haynes began upon a Discovery he made to him how Fitz-Gerald had employed him to setch over Macnamarra to swear against the Earl of Shaftsbury High-Treason as he had done viz. That my Lord should tell Fitz-Gerald that he had a Design to bring this Kingdom to a Common-Wealth and to root out the Family of the Stuarts which he swore was true and a great deal more which he knew and would discover about seizing and destroying the Parliament at Oxford about an Army in the North that was to be raised about the time of the sitting of the Parliament at Oxford Of a French Army that was to land in Ireland at the same time that the D. of York was to be at the head of them and the intention was to destroy all the Protestants Upon this it was that he resolved to come along with the Parliament and if there was any such Design to live and die with them That he was imployed by several Lords and Parliament-Men when the Parliament sat last at Westminster to search under the Parliament House whence he got the Name of the Protestant Joyner And that this Haynes did swear in his Affidavit before Sir George Treby the Recorder of London That there was a Design to destroy the Parliament at Oxford and there was not only his Oath for it but it was the general belief that some Evil was intended them But as for the seizing of the King that he never heard one word of it before he came hither that he knew not of one Man upon the Face of the Earth that was to stand by him and how impossible it was for him alone to attempt it all Men might judge That he hoped to prove these Witnesses suborned complaining of his close Imprisonment Then the First Witness that appear'd for the Prisoner was William Shewin who declared That he was in Turbervil's company on Thursday Night last at the Golden Posts at Charing-Cross and there he heard him say That if he were at Oxford he should hear strange things against Colledge and he would lay ten to one that Mr. Bethel and Mr. Wilmore should be hanged at Christmas and he would lead him by the Gold Chain along Fleet-street and down with his Breeches in the middle of Amsterdam Coffee-House with a Band about his Neck and a Cloak And that one told him there was one that did design to be return'd upon this Jury that was resolv'd to hang Colledge right or wrong Which the High Sheriff acknowledg'd also and that he had therefore left him out for which the Court gave him his due Commendations Then Henry Hickman who had been called before a Cabinet-maker at Holborn-Bridge appeared who declared That he knew Haynes very well he oft coming to his House to a Widow who lodged there a Papist and that therefore he took him for a Priest And that discoursing with his Tenant concerning him she told him that he was a dangerous Fellow though a Papist and that he cared not much what he sweared against any one And that he over-heard him discoursing with his Tenant in her Chamber and saying God dam-me I care not what I swear nor who I swear against for 't is my trade to get mony by swearing Then Elizabeth Oliver was called who only produced a Letter which she affirmed Haynes to have writ in her Father's Name and that he was an ill Man which being judg'd by the Court nothing to the purpose she was dismiss'd And Mrs. Hall was next call'd who declared That Haynes lodged at her House and that he told her enquiring of him about Fitz-Harris's Trial that Madam Portsmouth begg'd of Fitz-Harris upon her Knees that he would try to get Mr. Everard and some others over to make a Presbyterian Plot of it Another time that she heard him speak of a Message he had had from the King to come in and he should have his Pardon And that he read once to her an Advertisement in answer to something Thompson had written against him in his Intelligence which he said he had writ and was then going to get it put into one of the Intelligences it being to this purpose That whereas one Nathaniel Thompson had falsly and maliciously accused one Bryan Haynes for speaking Treasonable Words he the said Bryan Haynes doth declare that he challenges any Man to charge him with it but he owned he had an hand or was employed to put the Plot upon the Dissenting-Protestants Then Mary Richards Mrs Hall's Maid was called who owned the same things affirmed by her Mistress Next Mrs Wingfield whose Daughter Haynes married was call'd who would say nothing of Haynes but what was for his Credit Then Mr. John Whaley was call'd who declared That about 6 Years Ago when Haynes was a Prisoner in the King's-Bench he came down to drink in the Cellar which he had taken of the Marshal and stole a Tankard for which the Marshal removed him from the Master's Side and put him into the Common Side which was all he knew of him Mr. Colledge called next for Mr. John Lun who declared how that about three or four days after the Bill was brought Ignoramns by the Grand Jury upon Mr. Colledge he was
Papers that had been charged upon him that they were none of his nor did he ever own them for his nor could he ever make Pictures nor did he ever in his Life and that that very Person whom Mr. Dugdale said he owned he got it to be printed by had denied it before the King and Council Then Elizabeth Hunt the Prisoner's servant appeared who testified That about 7 or 8 Weeks before the seizure of the Papers a Porter brought three Bundles of Papers for her Master in his absence which lay in a Box in his Counting-house a Week or Fortnight before she told him of them And as to Mr. Dugdale that she going to him for Mony he owed her Master after he was in Prison and he not paying her it as he promised she said to him Sir I think 't is very hard that you should keep my Master's Mony from him and yet go and swear against his Life too he said to her There was a great deal of do about his swearing against her Master more than needs but as he hoped for Salvation he did not believe Mr. Colledge had any more hand in any Conspiracy against his Majesty than the Child unborn Mr. Colledge inform'd the Court that this Maid moreover told him in the Tower before he came away that Mr. Dugdale desired to be remembred to Mr. Smith Colledge's Counsel and told her he had nothing against her Master that could touch his Life or an Hair of his Head and that he knew nothing of a Plot against the King and that if he could help it he had as lieve he had given 100 l. he had never spoken what he had Which she own'd for truth and Dugdale then denied evading it by telling the Story another way Then Mrs. Godwin being called appeared who related concerning the Papers that three Messengers coming to search for them on the Saturday after her Brother's confinement and they not finding them she got her Brother-in-law George Spur to carry them away to his House at Busshie to secure them till they should know what they did concern Then Spur being called did not appear Then the Attorny General called for one John Shirland who appeared to be a Man that lived by his Shifts and had been whip'd in Bridewel who swore that Mr. Bolron would have given him 10 l. and an Horse to go down and swear against Sir Miles Stapleton Which Bolron denied Then Smith deposed likewise against Mr. Bolron that he told him as they were traveling that he had as much to say against Colledge as any Body and that if he would speak for him he would evidence against Sir John Brooks for a discourse at Ferry-Bridge Which Mr. Bolron deny'd likewise Then no more Witnesses being called Mr. Colledge began to make his Observations upon the Evidence to the Court Professing his own Innocency as to what had been sworn against him and upon what had been attested for him owning his Zeal for his King Parliaments Church of England and against Popery Relating how he came acquainted with Haynes and the discoveries he made to him of the Popish Plot and of Sir Edmondbury Godfrey's Murder for which the Court interrupted and reproved him as not to the purpose and then he went on to sum up his own Evidence complaining of his close Confinement so that he could not procure that Evidence he otherwise might have done for himself The Statute of Decimo tertio was read to him and then Mr. Colledge very pathetically recommending himself to the Justice of his Jury concluded his Defence Then Mr. Sollicitor General largely summ'd up the Evidence and Mr. Serjeant Jefferies and the Lord Chief Justice did the same Then the Court called for two Bottles of Sack which the Jury divided among themselves at the Bar for their Refreshment in the presence of the Prisoner After which a Bailiff was sworn and the Jury withdrawing to consider of their Verdict the Court adjourned for half an hour and when they returned the Jury brought the Prisoner in Guilty At which there was a great Shout given whereat the Court being offended one Person who was observed by the Cryer to be particularly concerned in the Shout was committed to Goal for that Night but the next Morning having received a publick Reproof was discharged without Fees Then it being about 3 a Clock in the Morning the Court adjourned to 10. At which hour the Court being sat and first Mr. Aaron Smith having entred into a Recognizance of 500 l. to appear the first day of the next Term at the Court of King's-Bench the Lord Chief-Justice after a short speech directed to the Prisoner pronounced Sentence upon him to be Hang'd Drawn and Quartered which was accordingly executed upon him over against the Gate of the Castle at Oxford on Wednesday August 31. 1681. And his Head and Quarters through his Majesty's Grace were delivered to his Relations and by them brought up to London and privately interred The proceedings at the Sessions-House in the Old-Baily London on Thursday November 24. 1681. before his Majesty's Commissioners of Oyer and Terminer upon on the Bill of Indictment for High-Treason against Anthony Earl of Shaftsbury The Grand Jury Sir Samuel Barnardiston John Morden Thomas Papillon John Dubois Charles Herle Edward Rudge Humphrey Edwin John Morrice Edmund Harrison Joseph Wright John Cox Thomas Parker Leonard Robinson Thomas Shepherd John Flavell Michael Godfrey Joseph Richardson William Empson Andrew Kendrick John Lane John Hall THE Lord Chief Justice Pemberton gave the Charge wherein he explained the Nature of Treason particularly from the Statute of the 13th Car. 2. and explained the Validity of two Witnesses and the Jury's present Duty After which a Bill of High-Treason was offered against the Earl of Shaftsbury and Sir Francis Withens moved That the Evidence might be heard in Court Then the Jury desired a Copy of their Oath which the Court granted and then they withdrew After some little time they returned and being called over by their Names The Foreman acquainted the Lord Chief Justice That it was the Opinion of the Jury and they claim'd as their Right that they ought to examine the Witnesses in private But the Lord Chief Justice deny'd that it was their Right but was their Advantage and it was the King's desire it should be publick in which also the Lord Chief Justice North concurr'd and then therefore the Indictment was read wherein the Earl of Shaftsbury was charged with High-Treason for conspiring the Death of the King and subversion of the Government The Jury then desired a List of the Names of the King's Evidence But they were told that they being indorsed upon the back of the Indictment which they were to have out with them it was needless Then they requested to see the Warrant by which the Earl of Shaftsbury was committed but that they being told that the Lieutenant of the Tower kept for his Indemnity could not be granted Then they requested that the Evidence might
should be any Disturbance for they valued their Riches more than their Cause And at Oxford that he heard my Lord say again He wondred the People of England should stickle so much about Religion if he were to choose a Religion he would have one that should comply with what was apt to carry on their Cause Mr. John Smith deposed That he had often both in publick and private heard the Lord Shaftsbury speak very irreverently and slightly of the King saying He was a weak Man an inconstant Man of no firm or settled Resolution easily led by the Nose as his Father was before him by a Popish Queen which was the Ruin of his Father And that the King should declare That the Earl of Shaftsbury was not satisfied to be an ill Man himself but got over the E. of Essex too And that he was the chief promoter of the Rebellion in Scotland which when it was told him that he should send back word to the King That he was glad that the King saw not his own Danger But if he were to raise a Rebellion he could raise another-guess Rebellion than was that in Scotland One time particularly being sent for to the Lord Shaftsburies expressing his jealousy of the Irish Witnesses being drawn over to the Court-Party and retracting what they had said he order'd him to persuade them from going nigh that Rogue Fitz-Gerald maintain'd by the King and Court-Party to stifle the Plot in Ireland Saying also That when he was in the Tower he told some he saw Popery coming in and that it was hard to prevent it And that if the King were not as well satisfied with the coming in of Popery as ever the D. of York was the D. would not be so much concern'd about it as he was Afterwards having executed my Lord's Order one Mr. Bernard Dennis gave in an Information before Sir Patience Ward Lord-Mayor against Fitz-Gerald that he had tamper'd with him to forswear all he had sworn before the Copy of which Information he brought to the Lord Shaftsbury who when he had read it was very well pleased with it and said Mr. Smith don't you see the Villany of that Man and that factious Party and that the King runs the same steps as his Father did before him for that nothing of this Nature could otherwise be done I says he these are the very Steps that his Father followed when he was led by his Popish Queen and the poor Man doth not see his Danger Another time before the Parliament went to Oxford in discourse my Lord was saying to him That there was great Preparations made and a great many gathered together upon the Road between London and Oxford which he said was to terrify the Parliament to comply with the King's Desire which he was sure they never would for that the King aimed to bring in Popery But said he we have this Advantage of him if he offer any Violence to us for we expect it that we have the Nation for us and we may lawfully oppose him for it has been done in former Times and he will meet with a very strong Opposition for all that come out of the Country shall be well Hors'd and well Arm'd and so we shall be all and as old as he was that he would be one that would oppose to his Power and die before he would ever bring in Popery or any thing of that Nature Then Mr. Brian Haines deposed That he had often heard the Lord Shaftsbury vilify the King And that he and Mr. Ivey going to him one day about the Narrative he made of Sir Edmondbury Godfrey's Death he desired him not to expose his Person to the King's Anger because he was sure he would never grant a Pardon to any Man that impeached the Earl of Danby Says he Do not fear if he does not grant you a Pardon he makes himself the Author of the Plot and says he the Earl of Essex the Lord Maxfield and I we do all resolve if you 'l put in a Writing we will go to the King and beg a Pardon of him for you which if he does not grant we will raise the whole Kingdom against him for he must not expect to live peaceably in his Throne it he doth not grant it and this is the best Pretence we can have in the World we are prepar'd to raise Arms against him And after having heard a Pardon could not be had being begg'd for by the two Mr. Godfries he praying my Lord for a little Mony to help him to go beyond-Sea because he was sure he could not be safe in England My Lord told him the King durst as well be hang'd as meddle with him And one Day he being in Conference and giving my Lord an exact Account of Transactions having been a Traveller he asked my Lord What Model of Government was designed if they pulled the King down Says he Do you think there are no Families in England that have as much pretence to the Crown as any of the Stewarts Says he There is the Duke of Bucks that is descended of the Family of the Plantagenets one of the Edwards by his Mother and in her Right he should have the Barony of Ross and has as good a Title to the Crown of England as ever any Stewart had Then John Macnamarra being sworn deposed That he being with the Lord Shaftsbury after his return from the Parliament at Oxford concerning some Provision for the Witnesses he heard him express himself That the King was Popishly Affected and did adhere to Popery taking the same Methods that his Father before him took which brought his Father's Head to the Block and that they would also bring his thither and that he had told some Persons of Quality that this would fall out five Years before And at the same time that he said the King was a Faithless Man and no Credit was to be given to him and that the Dutchess of Mazarine was of his Cabinet-Council who was the worst Woman-kind And that he deserved to be deposed as much as ever King Richard the Second did Then Dennis Macnamarra deposed That he also heard the Lord Shaftsbury say in March or April in his own House Mr. Ivey being present That the King was not to be believe there was no Belief in him and he ought to be deposed as well a King Richard the Second and that the Dutchess of Mazarine was of his Cabinet-Council and he nothing but by her Consent Then Mr. Edward Ivey deposed That being at my Lord's House soon after the Parliament was dissolved at Oxford he heard him speak against the King saying He was an unjust Man and unfit to Reign and he wondred her did not take Example by his Father before him and that he was a Papist in his Heart and intended to introduce Popery And afterwards being with him with Hains he bid Hains to put what he had to say about the Death of Sir Edmondbury Godfrey into writing
and he should have a Pardon and that if the King did deny it as he durst not they would rise upon him and force him After him Bernard Dennis being sworn gave some account of his first coming into England and how he began his Acquaintance with the Earl of Shaftsbury and was recommended by him understanding him to be a Clergy-Man to Dr. Burnet and afterward to Mr. Ferguson in order to the bringing him over and how my Lord proffer'd him a Benefice And that one time being with him my Lord asked him How many there might be of his Name in his Country and told him that he would have him to advise those of his Name and Friends to be in a readiness when-ever occasion shall serve to stand by and assist the Common-Wealth of England for that they did really intend to have England under a Common-Wealth and would extirpate the King and all his Family as near as they could And said he admir'd at the Irish Nation to be such Fools for that it was very certain that King James Queen Elizabeth King Charles the First and the King that now is does wrong them to very Destruction But that a Common-Wealth would take more pity of them than any do now in this time wherein the King governs Here the King's Evidence ceasing the Jury enquired upon what Statute the Indictment was grounded and whether any of these Witnesses stood indicted To which the Court returning a satisfactory Answer they withdrew and the Court adjourned till three of the Clock When being sat again the Witnesses were all called one by one and examined by the Jury concerning what they had severally deposed Wherein nothing was remarkable but what they examin'd Mr. Secretary Jenkins Whether he heard not a Debate in the House of Commons about an Association And that Booth acknowledged himself to be in Orders tho now not Beneficed Turbervile and John Macnamarra that though they signed the Petition to the Common-Council for some Maintenance and that they were tempted to revoke their Evidence yet never read it nor knew what was in it And that Haynes further said That he heard the Lord Shaftsbury say at a Pastry-Cook's Shop in Iron-Monger Lane that the King had no more Religion than an Horse That when he came came first to England he was inclined to Popery but since he was degenerated from all the Principles of Christianity being just like a perfect Beast The Witnesses being examined the Jury withdrew and took the Statute-Book with them and returned the Bill Ignoramus Upon which the People fell a Hollowing and Shouting which Mr. Attorn Gen. desired might be recorded The Trial of Charles John Count Conningsmark Christopher Vratz Captain John Stern Lieutenant and Charles George Borosky alias Boratzi before the Lord Chief Justice Pemberton At the Old-Baily on Tuesday February the 28th 1681. THE Prisoners then and there appearing were Arraigned for the barbarous Murder of Thomas Thynn Esq And being Foreigners Mr. Vandore and Sir Nathaniel Johnson were sworn Interpreters They pleaded Not Guilty and desired their Jury might consist of half Foreigners which was granted And the Count desired his Trial might be put off a day or two and that he might be tried by himself neither of which were granted Then after some Challenges on both sides the Jury sworn were Sir William Roberts Bar. Moses Charas Gent. Richard Pagett Esq Charles Beelow Gent. George Hocknal Esq Peter Vandenhagen Gent. Walter Moyle Esq Christopher Ripkey Gent. Thomas Henslow Esq Daniel Griggion Gent. John Haynes Esq John Lebarr Gent. To whom the Indictment was read and Mr. Keen and Sir Francis Withens opened the same and then William Cole deposed That on Sunday Feb. 12. about a quarter after Eight at Night his Master Thomas Thynn Esq was coming up St. James-Street from the Countess of Northumberland's and he was walking with a Flambeau in his Hand before the Coach and coming along at the lower end of St. Albans-Street he heard the Blunderbuss go off and turning his Face back saw a great Smoke and heard his Master cry out he was murdered and saw three Horsemen riding away on the right side of the Coach whom he pursued and cried out Murder He ran to the upper end of the Hay-Market till he was quite spent and then turning back again his Master was got into the House whom he understood was wounded One of the Men was upon a little Bay Horse William Ellers deposed That then and there he coming with his Master from the Lady Northumberland's there came three Men riding by the right side of the Coach and as they rid one of them turned about and said Stop you Dog And just as he looked about the Fire was let into the Coach upon his Master and the Men ran away as fast as they could and that he could not know any of their Faces Mr. Hobbs the Chirurgeon deposed That he was with Mr. Thynn about nine or ten a Clock that Night he was wounded and found him shot with four Bullets which entred into his Body tore his Guts and wounded his Liver and Stomach and Gall and broke one of his Ribs and wounded the great Bone below of which Wounds he died and believed there as never a Wound but was Mortal He shewed the Court the four Bullets two of which he thought might be Iron one he found in the Stomach one between the Ribs and the Skin and two were lodged in the Back-bone Then Mr. White the Coroner deposed That on Feb. 13. he sat upon the Body and found four Holes on the right Side behind his short Ribbs as if made with Bullets and he gave order to open the Body and saw Mr. Hobbs take out the four Bullets Boresky being then told what was said replied That he fired the Blunderbuss but did not know how many Bullets there were because he did not charge it but he could tell who did But the Ld. Ch. Justice said that would not be material because his Evidence could charge no Body but himself Then Mr. Bridgman and Sir John Reresby deposed That Borosky Vratz and Stern were examined by them and proffer'd to read their Examinations but the Ld. Ch. Justice would not suffer it because their Evidence could charge no Body but themselves and he would not let the Jury be possess'd by that which is not Evidence And therefore they were only suffer'd to help their Memories by the Examinations and to mention only what they had confessed as to themselves Therefore they said that Borosky then confessed that he came into England at the desire of Count Conningsmark But here the Ld. Ch. Justice interrupted again the Evidence and bid Mr. Bridgman only relate his Confession as to himself which was That he fired the Musquetoon by the Captain 's Order who had before bid him to fire as soon as ever he stopped the Coach Capt. Vratz confessed that he came with a Design to fight Mr. Thynn having sent him Challenges by Post from
July 13. 1683. THen and there the Prisoner appearing he was Arraigned upon an Indictment of High-Treason for conspiring the Death of the King and subversion of the Government To which being required to plead he desired a Copy of his Indictment but being told nothing could be granted till he had pleaded he pleaded Not Guilty And then complain'd of his being arraign'd and tried at the same time desiring a Copy of his Panel having had only some Names of Persons usually upon Juries and that his Trial might be deferr'd till the Afternoon in regard he had a Witness that was not in Town But the Attorn Gen. urg'd the Jury might be called Then the Prisoner desired a Pen and Ink and some to write for him and to have the use of his Papers all which were granted And then John Martin being named the Lord Russel asked if he were a Free-holder of forty Shillings a Year saying that he thought none were allowed but such as were Free-holders To which the Court replied That no Pannel was made in London by Free-holders for that London Estates belonging either to the Nobility or Gentry that lived out of the City or to Corporations London was excepted To this his Lordship urged the Statute of 2 Hen. 5. wherein he said it was positive that in Cases of Life and Death no Man should be judged but by those that have forty Shillings a Year But the Attorn Gen. not allowing the Prisoners Exceptions his Counsel were called and again assigned him by the Court Mr. Pollexfen Mr. Holt and Mr. Ward who learnedly urged what they took to be Law in that Case and were answer'd by the Attorn Gen. Mr. Sol. Gen. Sir George Jefferies and Mr. North the King's Counsel And then it was adjudged by eight of the Judges being present viz. the Ld. Ch. Justice the Ld. Ch. Baron Mr. Justice Wyndham Mr. Justice Jones Mr. Justice Charlton Mr. Justice Levins Mr. Baron Street and Mr. Justice Withens that in case of Treason Free-hold was no good cause of Challenge The Jury-men therefore were called and after the Lord Russel hah challenged 31 of them the following Persons were sworn viz. John Martin William Rouse Jervas Seaton William Fashion Thomas Short George Toriano VVilliam Butler James Pickering Thomas Jeve Hugh Noden Robert Brough Thomas Oneby To whom the Indictment being read the same was opened by Mr. North and the Attorny-General opened the Evidence And then Col. Rumsey being sworn deposed That about the latter end of October or beginning of November the Lord Shaftsbury sent him from his Lodging by VVapping to Mr. Shepherd's to the Duke of Monmouth the Lord Russel Lord Grey Sir Thomas Armstrong and Mr. Ferguson there met to know what Resolution they were come to about the rising of Taunton Their answer was That Mr. Trenchard had failed them that he had promised 1000 foot and 300 Horse but when he came to perform it he could not He thought the People would not meddle unless they had some time to make Provision for their Families That Mr. Ferguson made this Answer the Lord Russel and the Duke of Monmouth being present and the Lord Grey saying something to the same purpose And upon this it was the Lord Shaftsbury prepared to be gone That he was with them at Shepherd's about a quarter of an hour and that there was some discourse about seizing of the Guards at the Savoy and Mews in case the Insurrection had gone on which was to have been on Novemb. 19. and that the Duke of Monmouth the Lord. Grey and Sir Thomas Armstrong undertook to view the Guards and that the Lord Russel assented to all this and the Witness was to have gone to Bristol by the order of the Earl of Shaftsbury against that time Then Mr. Shepherd deposed that in October Mr. Ferguson came to him in the Duke of Monmouth's Name to request the conveniency of his House for him and some other Persons of Quality to meet That in the Evening came the Duke of Monmouth the Lord Grey the Lord Russel Sir Thomas Armstrong Col. Rumsey and Mr. Ferguson one after another That Sir Thomas Armstrong desired they might be private and therefore what they wanted he fetch'd up himself not suffering his Servants to come up That their Discourse was about seizing the Guards and the Duke of Monmouth Lord Grey and Sir Thomas Armstrong went one time to view them and the next time they met at his House he heard Sir Thomas say the Guards were very remiss in their Places and not like Soldiers and that the thing was feasible if they had strength to do it That they met twice at his House and the Prisoner was there both times That Mr. Ferguson read a Paper in the Nature of a Declaration setting forth the Grievances of the Nation in order to a Rising He could not say the Lord Russel was present at the reading of it but Col. Rumsey was who then deny'd it saying it was over before he came Then the Lord Howard being sworn began his long Evidence with a low Voice pretending the News he had just then receiv'd of the Earl of Essex's Fate had sunk his Voice and a long Story of the Designs of the Earl of Shaftsbury an Account of which he had from Capt. VValcot whom he brought acquainted with the Earl of Shaftsbury and by whom the Earl of Shaftsbury sent for him while he absconded at one VVatson's at the end of VVoodstreet and there discover'd to him his Design of the Rising and that he had 10000 brisk Boys ready to follow him whenever he held up his Finger who were to possess themselves of the Gates and would in an Hour's time be 5 times multiplied But that his Design was much retarded by the backwardness of the Duke of Monmouth and the Lord Russel who failed him in not being ready prepared to concur with him in the Country that he then endeavour'd to shew the Earl of Shaftsbury the necessity of having those Lords concurrence in so weighty an Undertaking and proffer'd his Service to bring them to a right Understanding among themselves to this end he spoke with the Duke of Monmouth who deny'd that either he or the Lord Russel had given the Earl of Shaftsbury any incouragement to be so forward because they knew the Country could not be ready to stir so soon That a Meeting was then propos'd but afterwards put off by reason of the Earl of Shaftsbury's fears of being discover'd That the Duke of Monmouth told him that the Lord Russel had been with the Earl of Shaftsbury and preswaded him to put off his Rendezvouz for only a Fortnight against which time they would try to be ready for him But the Country not being ready that Design was disappointed That in October Captain Walcot acquainted him with the Design upon the King with which he acquainted the Duke of Monmouth who said he would never suffer it and they did all they could to prevent it This failing the
all Risings and that he said the Lord Howard was a Man of Luxureant Parts but he had the luck not to be trusted by any Party Dr. Tillotson Duke of Somerset Lord Clifford Mr. Levenson Gore Mr. Spencer and Dr. Fitz-VVilliams spoke as to his Lordship's Conversation And then the Lord Howard being asked by the Jury what he said to the Earl of Anglesey's Evidence owned what the Earl said but that he did it to out-face the Matter and if he said untrue he ought not to be believed on his Oath insinuating that he meant what he said to be meant of a Design of Murthering the King which he did not not believe the Duke of Monmouth or the Lord Russel guilty of Carrying his knife close as he express'd it between the Paring and the Apple After this the Lord Russel made a short Conclusion protesting his Loyalty and Innocence telling the Jury he was in their Hands and pray'd God to direct them Then the Solicitor General summ'd up the Evidence and after him Serjant Jefferies taking Notice of the Earl of Essex's Death as an Evidence of Guilt did the same And the Ld. Ch. Justice deliver'd his Charge to the Jury and then the Court Adjourned till 4 a Clock in the Afternoon when the Jury brought the said Lord Russel in Guilty of the said High-Treason The Trial of John Rouse Gent. at the Old-Baily on Friday July 13. 1683. THen and there the Prisoner appearing having been arraigned the day before upon an Indictment of High-Treason for conspiring the Death of the King and subversion of the Government and pleaded Not Guilty he moved the Court but in vain for longer time And therefore the Jury sworn after several Challenges were Robert Beddingfield John Pelting William Windbury Theophilus Man John Short sen Thomas Nicholas Richard Hoare Thomas Barnes Henry Robbins Henry Kempe Edward Raddish Edward Kempe To whom the Indictment being read Mr. Jones and Sir George Jefferies opened the same and then Thomas Leigh was sworn against whom the Prisoner excepted because he had been sworn against as Guilty by two Persons and being acquainted with the Prisoner he was afraid the Prisoner should swear against him and therefore come now to swear against the Prisoner first But this was not allowed to be any Objection Therefore Mr. Leigh deposed that he had been concern'd in this Conspiracy and knew something of it but that he believed Mr. Rouse knew a great deal more for that Goodenough and the Prisoner engaged him in a Design of raising of Men and Goodenough told him the Design was to set up the Duke of Monmouth and kill the King and the Duke of York and that Sir John Moor and the Aldermen were to be kill'd and their Houses plundred and that there would be Riches enough which would serve to maintain the Army That Mr. Rouse told him he could provide Arms for 100 Men and that nothing was to be done unless the King was seized saying we might remember since 41 when the King went and set up his Standard therefore said he we will seize them that they shall not set up their Standard But said he was not for shedding their Blood That he said also it would be convenient to have a Golden Ball play'd upon Black-Heath and to get some Sea-Captains to manage that Affair and said he would engage Ten and he that wins the Ball take it That every Captain should then take his Party and tell them they had other work and then go with Long-Boats and Arms and seize the Tower That he acquainted Goodenough with this and telling him the Charge of the Ball which the Prisoner had told him would be 10 or 12 l. he said if it were 40 l. he would be at the Charge of it all That after he heard he was sworn against Mr. Rouse cut off his Hair and procured him a Wig and lodged hint at his House That he and Rouse and Mate Lee went several times to view the Tower That Rouse told him he had spoke to two Sea-Captains who were willing but one was going to New-Jersey and therefore the Work must be done before he went or he could not assist That while he lay hid at Rouse's House Mr. Nelthrop and Mr. Goodenough directed him to deny all when-ever he should be taken into Custody and if could not touch his Life That they met several times afterwards and had an Account in June last that Mr. Goodenough was in the North raising Men and that the Duke of Monmouth was thereabouts and that a Deliverance should be wrought for all this That the Design was so laid that he was told it was to be done in a Fortnight That they never agreed on a Method to kill the King but that they told him they had 1000 Horse ready in the Country and 500 Horse ready in Town and that the King should be kill'd coming from Windsor That they were contriving to send Arms by Night in Trunks to some private Place where they were to arm themselves in the Night and some brisk Men were to go to VVindsor to know when the King came and give Information and so they were to set upon him in some convenient Place and both the King and the Duke were to be taken off together Mr. Rouse saying Take them off and then no Man can have Commission to fight for them And both to him and in Company Mr. Rouse who had been a Traveller had said That the King was sworn both in France and Spain to bring in Popery and Arbitrary Power in so many Years and therefore it was no Sin to take him off and told him he had it under his own Hand Then Mate Lee deposed That the Prisoner had several times treated with him to get Seamen fitting to make Commanders of Ships some of the King's Men of War that lay at Deptford and VVoolwich for that the Tower and VVhite-hall was to be secured or else they could do nothing Mr. Thomas Corbin deposed That in 1681 he heard the Prisoner say He thought the Session of the Oxford Parliament would be very short But those frequent Prorogations and Dissolutions of Parliament would not avail the King son that what ever he has the Parliament gave him and they may take it away when they please Upon which one bidding him have a care what he said he reply'd The King had forfeited his Crown and had no more right to it than he had Mr. VVilliam Richardson deposed That when the Prisoner was first seiz'd he denied his Name to be Rouse calling himself Johnson The Prisoner's Defence was only a retorting the Accusation upon the Witness alledging That Mr. Leigh first discoursed these Treasons to him which he only listned to to pump out the bottom of his Design that he might discover them Protesting his Innocency and that the words Mr. Corbin testified against him was not spoke of the Parliament but of the Pope and he had been before tried and acquitted for them Saying it
him he owned that was the Paper and his Hand but swore it was false and that he saw no Razor Whereupon the Ld. Ch. Justice cried out What a Dust has such a trivial Report made in the World Admit that the Boy had said any such thing What an Age do we live in that the Report of every Child should blow us up after this rate It would make a Body tremble to think what a sort of People we live among To what an Heat does Zeal transport some People beyond all Reason and Sobriety If such a little Boy had said so 't was not an half-penny matter but presently all the Government is to be Libell'd for a Boy which whether he speak true or false is of no great weight and he swears 't is all false Then Thomas Hawkins the Son of Dr. Howkins of the Tower being sworn deposed That he saw VVilliam Edwards in the Tower July 13. and went with him round the Tower looking upon the King while he was walking who going into the Constable's House they went with other Boys to play and afterwards he went Home and then soon after the Rumour of the Earl of Essex's Death coming he with his Father stood before the Window and Edwards came to him and there they stood looking up for an hour or two at the least and then they went out of the Tower together and that he was sure there was no such thing as a Razor thrown out of the Window Upon this the Attorn General said to the Ld. Ch. Justice That his Lordship saw what a fine Case this was and how all this Noise and Bustle has come to be made in the World That the Rumor first did arise in a Fanatick Family and was propagated by that Party Ay said Mr. Jones 't is easily known whence it came Mr. Blathwait was then sworn who informed the Court That on July the 20th Mr. Braddon brought this Edwards to White-hall where the Boy denied before the King that the Matter contained in the Information was true and said it was only a Lie he invented to excuse himself for having play'd Truant that day After this that Mr. Braddon did nevertheless pursue this Business He attested also Mr. Speke's Letter and that he owned before the King and Council Then Mr. Mon-Stevens deposed That about five or six days after the Earl of Essex had murdered himself he saw Mr. Braddon with a young Man and a Boy at the Lord Sunderland's Lodgings and that he told him he came from Sir Henry Capel who not being well could not come himself with an Information relating to the Earl of Essex's Death The Information he gave him to read and then went with him to the Lord Sunderland who took the Information and afterwards Mr. Braddon was committed in Custody and the thing was brought before the Lords of the Council Then Sir Henry Capel was called to know if he employed Mr. Braddon in this Business who deposed That he knew very little of Mr. Braddon but that he had been with him twice and speaking to him of this Business he desired him to acquaint the Secretary of State with whatever he had to say of it to which he seemed very willing Then one Mr. Beech deposed That he was present when Mr. Braddon was apprehended in Wiltshire and several Papers found upon him Copies whereof he deliver'd into the Court and upon Examination committed to the County Goal and from thence removed by Habeas Corpus hither up to London That he then told them his Business was to enquire after the Earl of Essex's Murder and that one Mr. Burgis of Marleborough had writ him a Letter that one Compton Post-Master at Frome could inform him that the News was at Frome that very day the Murder was committed But the Witness said he had been with this Compton who denied it and told him they had no News of it till Sunday following And the Lord of Waymouth who lives near Frome told him that he had an account of it on the Sunday and he believed that was one of the first Letters of it that was in the Country Then the Papers were read in Court which were found about Mr. Braddon at his Apprehension The first was a Letter subscribed Hugh Speke and dated London Lincolns-Inn Aug. 15. 1683. Wednesday Night 10 a Clock and directed For the ever Honoured Sir Robert Atkins Knight of the Bath at his House at Netherswell near Stow on the Old in Gloucester-shire Which because it was the only thing that engaged Mr. Speke in this Trouble the Reader is presented with a Copy of it intire and not abridg'd Honoured Sir THe Bearer hereof is one Mr. Braddon a very honest Gentleman whose Father has at least 800 l. per Ann. in Cornwall It seems it is his Fate to be the only Person that follows and prosecutes the Murder of the Earl of Essex and he has made a very considerale discovery already of it notwithstanding the hard Stream he rows against as things stand and are carried on at present But indeed I thinks it could never have fallen on so fit a Man for he has been a very hard Student and is a Person of a very good Reputation Life and Conversation and has a great deal of Prudence and has as much Courage as any one living whatsoever He went away on a sudden hence Post towards Marleborough to make some further Discovery and what he has discovered he will give you full account of and of all the Transactions hitherto about it I lent him my Man to go with him for fear he should come to any Mischief for most here fear that he will be either stabb'd or knock'd on the Head if he do not take great care of himself And seeing he came into these parts I thought it not amiss to go and advise with you how he had best to proceed in it and I did charge him not to let any Body know who he was that it might not be known that he had been with you For I would not for the whole World that you should come to any prejudice in the least for your kindness towards us For we labour under many Difficulties as the Tide runs at present Pray call Mr. Braddon by the Name of Johnson when he is with you I have given him the same Item We hope to bring on the Earl of Essex's Murder on the Stage before they can bring any of those in the Tower to a Trial. He being in great haste I have not time to write more but to assure you that Mr. Braddon is a Person of that Integrity and Courage that no Body needs fear to trust him I was very willing that he should take your Advice in this Case which is of so great a moment seeing he came within 20 or 30 Miles or thereabouts of your House He will give you a full and clear Relation of every thing in that Affair and how hard they have been upon him Sir Henry
same House with Lodeman deposed That he being up two pair of Stairs when the Girl came in from the Tower did hear her telling what she had seen to her Aunt and that her Aunt chid her for it but she said she was sure it was true That he had before that time taken her in a Lie and thought her a lying Girl Then William Smith a Barber in Throgmorton-street deposed That he went along with Mr. Braddon and was present when he took the Girls Information and that she then did say She heard a Man say to them in the House Here is a Razor which was all he remembred as to that particular The Information was then shew'd him and he own'd his Hand and said he did read it over and it was nothing but what the Girle said he was sure But because he had not repeated all about the Souldier the Ld. Ch. Justice told him he was a Notable shaver upon his Word A special Fellow I 'de warrant him Then Mrs. Mewx was sworn who would have deposed That she travelling into Berkshire July 12. the day before the Earl of Mssex's Death her Daughter then told her in the Coach how she had heard it reported That one of the Lords committed for the late Plot had cut his Throat in the Tower But the Daughter being with Child and near her time and therefore not daring to venture abroad much less into the Court the Ld. Ch. Justice would not suffer the Mother to be examin'd though sworn alledging That because she could not depose on her own Knowledg it was no Evidence and therefore against all Judicial Forms to admit it But Mr. Wallop replied It was Evidence there was such a Talk Then Mr. Jeremiah Burgis deposed That he being at Frome July 13. did hear it reported in his Inn that the Earl of Essex had cut his Throat in the Tower and that Mr. Braddon coming afterwards to Marleborough to examin him about it he did write that Letter to Frome and gave it Mr. Braddon to carry and that through a mistake he writ the 6th of July instead of the 13th which was the Day whereon he heard the Report but upon Mr. Braddon's observing it he presently mended it Upon which the Ld. Ch. Justice presently call'd it a Juggle not sparing his Affronts and Discouragements while he was delivering his Evidence the Attorny General pritty well seconding him After this Mr. Thompson moved for his Client Mr. Speke as not being concern'd in this Business either before or after any otherwise than by that Letter And Mr. Speke desiring leave to speak for himself related the whole Passage how he came to lend Mr. Braddon being his acquaintance his Man and Saddle and to recommend him by Letter which he writ to have him take good Advice in what he did and that it was late at Night when he writ and had been drinking and might not so well consider what he did But for all that Mr. Attorny General said that his Letter was ten times worse than what Mr. Braddon had done But the Ld. Ch. Justice said He would not have Mr. Braddon topped upon nor suffer such a Reflection on him that any Man should be a greater Actor in this Business than he Then the Attorny General proceeded to the Proof of the Earl of Essex Murdering himself which the Ld. Ch. Justice said was necessary to satisfy the World though to a discerning Eye there was enough given from this Day 's Evidence to make it appear a most Malicious and Scandalous Contrivance to hawk about for every idle Rumor to pick up Children of such Tender Years and make them swear any thing to serve a Turn Then Paul Bomeney was sworn the Earl of Essex's Servant who deposed That his Lord having long Nails asked for a Pen-knife and on the Thursday he sending the Footman for other Things to the Steward he writ a Line at the end of a Note that he should send a Pen-knife That the Footman brought the other things but not the Pen-Knife because the Steward sent word he had none but would send one the next Morning so early in the Morning the Footman was sent again with another little Note for Provisions and a Memorandum for his Lord's Pen-knife But his Lord ask'd him for the Pen-knife before the Footman return'd and not having any he ask'd him for one of his Razors which he fetch'd and gave him and wherewith he saw him walking and picking his Nails and that then he went out and left him and was talking with the Warder and looking out of the Window upon the King who was then in the Tower and in this time the Footman return'd with the Things and deliver'd him the Pen-knife and a Note from Mr. Billingsley the Steward to shew his Lord which he coming up to do found no Body in his Lordship's Chamber so thinking he might be in the Closet in which stood a Glose-stool he came down again and Hayed till he supposed his Lord might be come out Then he went up again and seeing no Body in the Chamber and the Closet Door still shut he knocked three times at the Door called on his Lord but no Body answering he looked through the Chink of the Door between the Door and the Wall and saw Bloody and a little part of the Razor That then he called to the Warder and the People of the House who came and found his Lord kill'd lying all along on his Side and his Foot against the Door which opening into the Room could not be opened easily nor very far which the Warder push'd at and the Razor lay by his Side Then Mr. Russel the Warder deposed That he heard my Lord ask Bomeny for a Razor and saw him give him one and that none came up to my Lord's Chamber while Bomeney was below that Bomeney coming up and making a noise the ran to him and opened the Closset-Door the Key being on the Out-side and there saw my Lord lie in his Blood and the Razor by him Saying that the Window was towards a back Yard that there was no Light nor Passage towards the Street into Capt. Hawley's House where was the Earl of Essex's Lodgings but one Door that goes out from the Entry to go into the Yard Then one Lloyd a Sentinel diposed That he stood at the Street Door that Morning and he saw no Body come into the House not no Coach stand at the Door nor ho Maid go out in a white Hood nor no Razor thrown out at the Window nor did he cry but to any Body nor was there any other Souldier there but himself That Capt. Hawley deposed how he saw my Lord in his Bloods That the Casement won't open far the House having settled and is so low and the Pales nine or ten high that it is impossible for any one to throw any thing out of the Window to be seen and that it was one of the horridest and unlikeliest Reports that ever was heard of
of the Season had chang'd their Opinion so that now they disbelived that which they believed before and perhaps for as little Reason as they believed him at first For he could not expect that a Man who believes without a Principle should not recant that Belief without a Reason But the Court call'd this a Reflection and spar'd him not for it The other part of his Defence consisted of his endeavouring to prove that he was here seen in London in April and May 1678. To this end Mrs. Cicilia Mayo Sir Richard Barker's House-keeper deposed That she saw Dr. Oates at her Master's House in Barbacan the latter end of Apr. or beginning of May being about a Week before Whitsontide in that Year the Plot broke out That the Coachman told her he had been there once or twice before but this was the first time she saw him he having on grey Clothes a white Hat and a short Periwig and dined there with her Lady's Sister and others Sir Richard being then sick in the Country That he came afterwards when she saw him in black Clothes a longer Periwig which was brown That she never knew the Prisoner before then but they told her who it was Then John Butler Sir Richard Barker's Coachman deposed That he also saw Mr. Oates at his Master's House the beginning of May before the Plot in a disguise having on a grey Coat and white Hat and his Hair cut short but without a Periwig enquiring for Dr. Tongue Mrs. Mayo then also looking upon him in the Court through the Window And that afterwards he came in a Cinnamon-coloured Coat and green Ribbons and a long black Periwig and that he dined there several â—â—mes Then Philip Page Sir Richard Barker's Man that used to make up his Physick for him deposed That he remembred he did see the Prisoner at his Masters in grey Clothes but he was not certain as to the time only he believes it was in May. Then Mr. Walker a Minister deposed he met the Prisoner in a Disguise between St. Martin's-Lane and Leicester-Fields not exactly remembring the Time when only he thought it about a Year and a quarter before he was first examin'd and that the Elm-Trees were then budded forth as big as an Hazle-Nut After this reflecting on the discredit the St. Omers Witnesses had once been in and of their not prosecuting of this Cause before this time he concluded his Evidence And the King's Counsel proceeded to answer his Defence producing the Records of Sir George Wakeman and Earl of Castlemaine's Trials to prove that his Evidence there was not believed which were read and Sir George Wakeman being sworn deposed what it was the Prisoner then swore against him and protested the falsity of it and his own Innocency The same also the Earl of Castlemain did in like manner And then the Lords Journals were produced where it was recorded that the Prisoner said he could accuse no Body else but those that he named and yet soon after he accused the present King and the Queen-Dowager but this upon search being not found to be a Record upon Oath it was not thought valid Evidence Therefore they proceeded to prove his Subornation of one Clay which was a Witness for the Prisoner at the Trial of the five Jesuits whom now he did not call and of Mr. Smith the School-master of Islington To this end part of Oates's Narative was read out of the Lords Journal wherein he accused this William Smith as concerned in the Plot as endeavouring to vilify the House of Commons c. And then a Certificate was read under Oates's Hand of this Smith's Honesty not three days before the Trial of the five Jesuits whence they would infer he had been tampering with him the which Smith himself being sworn was ready to have deposed but the Ld. Ch. Justice would not admit him to swear that he did forswear himself because such should never have the Countenance of ever being Witnesses again Therefore they proceeded to prove the Subornation of Clay and to this end Lawrence Davenport in whose keeping Clay was in Prison deposed that Sir William Waller and the Prisoner did hang'd for that they could prove him to be a Priest unless he would swear for Oates that he dined with him at Mr. Howards in May which he consented to so he might have his Mony restored that was taken from him saying he had been a Rogue before and did not know what he might be And this another Witness produced swore that Davenport told to him the next day in Prison Then Mr. Howard deposed That Clay was mistaken in his Testimony given at the Trials of the five Jesuits in being July and not May 1678 that he and Oates were at his House about which time there was no question of his being in England Then they read out of Oates's Narrative again wherein he had said how he return'd three or four days after the Consult of April 24 was over observing hence how his own Witnesses contradicted him who had deposed that they saw him here in London the latter end of May. And here the Counsel for the King concluding their Evidence Dr. Oates proceeded with his Defence only shewing out of the Lords Journal a Copy of their Resolve That there was a Plot and of their summoning up before them Thomas Bickley of Chichester for vilifying Dr. Oates and thereupon turning him but out of Commission objecting five things against their Evidence 1. Their Religion A Papist not being a good Witness in a Cause of Religion appealing to the Heavens Which the Ld. Ch. Justice call'd a Common-wealth appeal and bid him to be took away falling very foul upon the poor Doctor But stood in 't that 't was Law and the Lord Cooke's practice quoting Bulstrode's Reports 2d Part 155. He Objected 2. Their Education confessing themselves to be bred up in a Seminary which is against Law quoting 27o. Eliz. cap. 2. and 3. Car. 1. Cap. 2. Which also was over-ruled 3. Their Judgments in Cases of Conscience whereby they own they have Dispensations to swear Lies for the promotion of the Cause 4. It was refused at the Lord Shaftsbury's Trial to suffer the King's Evidence there to be Indicted of Perjury But all this the Ld. Ch. Justice told him was idle and nothing to the Purpose And therefore he went on to sum up his Evidence protesting the Truth of his Evidence and that he was resolved to stand by and seal it with his Blood which the Ld. Ch. Justice told him it was pitty but he should Then Mr. Sol. Gen. summ'd up the Evidence which while he was a doing Dr. Oates beg'd leave to withdraw being weak and ill with the Stone and Gout and having lien in Irons 21 weeks After him the Ld. Ch. Justice summ'd up the Evidence with all the Virulency and Gall his Wit or Malice could assist him And then the Jury withdrawing for about a quarter of an hour deliver'd in their Verdict
Army joyn together but to go back and engage those that were already come together which was the reason they did not go over the Bridge Mr. Richard Goodenough deposed that he was beyond Sea with the Duke of Monmouth and that Jones was sent among other Persons to the Lord Delamere to give him notice to be ready and take care he was not seized in Town and that he heard the Duke say that he hoped my Lord Delamere would not break his Promise with him Jones deposed that he went into Holland the latter end of April last and by him Mr. Disney sent a Message to the Duke of Monmouth to desire him to keep to the last Conclusion which he would find in a Letter sent to him by the Crop-hair'd Merchant which Message was that his Friends in England would not by any means have him come for England but that he should continue where he was or if he thought good to go for Scotland they approved of it This Message he deliver'd to the Duke at Amsterdam which put him into a great Passion saying this was Wildman's work who was a Villain and that it was too late to send a Message now for he was resolved for England and Wildman should hang with him or fight for it with him and that he should not think to tye up his Hands by tying up his own Purse Sending another Message by him when he returned for England which was May 22d to Capt. Matthews or major Wildman to desire them to acquaint the Earl of Macclesfield the Lord Brandon and Lord Delamere with his Design of coming for England and that they should repair to their Posts to be ready for him delivering to him a Writing sealed up which he was not to open till he came to Sea which when he opened he found it contained a Signification of the Place wherein was to land and where he was to rendezvous which was Taunton and who were the Persons that were to have notice of it among whose Names was the Lord Delamere's That when he came to London which was May 27th he could meet with neither Capt. Matthews nor Major Wildman who were out of Town and therefore he acquainted Mr. Disney with his errand who promised to take care that it should be delivered Story who was Commissary General under the Duke of Monmouth deposed that on May 28th one Brand told him that the day before Jones was returned out of Holland with a Message to Capt. Matthews but he being absent Disney received it and discoursed that Evening with the Lord Delamere and that my Lord went out of Town that Night with 2 Friends that convey'd him by a By-way through Enfield Chase towards Hatfield That this Brand was kill'd at Keinsham Bridg. That at Shepton Mallot he heard the Duke of Monmouth say that his great Dependance was upon the Lord Delamere and his Friends in Cheshire but he fear'd they had failed him or betray'd him and that he could have been otherwise supply'd but that he had a Dependance upon them Vaux deposed That on May 26th the Lord Delamere sent for him to the Rummer in Queens-street and that the next Night he rid out of Town with him about 9 or 10 a clock at Night and got to Hoddesden about 12 and the next day he brought him to Hitchen and so came back again That my Lord went by the name of Brown and said he was going to see his Son that was sick in the Country Mr. Edlin deposed that on May 27th Mr. Vaux asked him if he would ride with him as far as Hitchen which he promised to do and they set out about 9 that Night and went to Hoddesden one Mr. Brown being in their Company whom he had never seen before but now knew to be my Lord Delamere who told them he was going to see a Sick Child Mr. Panceford depos'd that he was at Mr. Disney's on June 14th last where the Duke of Monmouth's Declarations were a Printing for printing whereof Disney had been Executed and one Joshua Lock was there waiting for some which he said he was to send into Cheshire to one Mr. Brown which he understood to be the Lord Delamere having heard Mr. Disney call him by that Name and Mr. Edlin having told him how he went by that Name when he rid with him to Hitchen But also he had heard that Mr. Vermuyden went also by that name of Brown Mr. Babington deposed that in their Consultations there were Discourses of my Lord Delamere under the name of Brown and once at a Tavern about the latter end of May last when my Lord Delamere was named by one in the Company he was presently catch'd up for it and replied to You mean Mr. Brown That being also at Disney's while the Declarations were a Printing he heard one say a great many of them were to be sent into Cheshire to my Lord Delamere under the name of Brown Mr. Hope Master of the Three-Tuns in Coventry deposed that the Lord Delamere came Post to his House he believed 5 times from the Sunday Sev'night before the Coronation to June 21 following Then Thomas Saxon deposed that on June the 3d or 4th he was sent for by a Man that had but one Hand to my Lord Delamere's House Mere in Cheshire where he came when it began to be dark and was conveyed by the Man that fetch'd him into a lower Room where were my Lord Delamere Sir Robert Cotton and Mr. Crew Offley and they told him that he had been recommended to them by the Lord Brandon who had said he was an honest useful Man and they hoped he would prove so For they had sent to the D. of Monmouth who was in Holland and received an Answer by one Jones which as soon as they had my Lord Delamere came away Post into the Country under another Name and by being conveyed through Moorfields came down to raise 10000 Men for the Duke in Cheshire by June 1. But now they had considered of it and found they could not raise them till Midsummer for that they must have time to raise 40000 l. in that Country to maintain the Men. That they asked him if he would undertake to carry a Message to the Duke that he said he would Whereupon the Lord Delamere gave him 11 Guinies and 5 pound in silver for his Journy After which he hired him an Horse and did deliver the Message That he never had any Concern before with the Ld. Delamere but that the Lord Brandon told him that they must make use of such as he to inform the Country of the time of Rising his acquaintance abounding that way being a publick Trades-man in Middlewich Here the Evidence for the King ceasing the Prisoner was called upon to make his Defence But it beginning to be late the Prisoner begg'd the Court might be Adjourned till the morrow But the Lord H. Steward doubted it could not be done by Law this not being a Trial in full Parliament
Majesty's gracious Government So shall your Petitioner ever pray c. This being read the Bishop return'd and the Chancellor told him they were not concerned in it and asked him If he desired his Answer should be read The Bishop said Yes saying that what he did therein was by Advice of Counsel and therefore hoped would not be interpreted to be done maliciously or obstinately And that in effect he did what the King commanded to be done having advised Doctor Sharp to forbear Preaching till his Majesty had received Satisfaction concerning him and accordingly that he had forborn in his Diocess Then the Bishop's Paper was read which contain'd the King's Letter and Bishop's Answer thereto The King's Letter Dated Monday July 14. 1686. Delivered at Fulham on Thursday June 17. in the Afternoon by Mr. Atterbury the Messenger JAMES R. RIght Reverend Father in God We greet you well Whereas We have been informed and are fully satisfied that Dr. John Sharp Rector of the Parish Church of St. Giles in the Fields in the County of Middlesex and in your Diocess notwithstanding Our late Letter to the most Reverend Fathers in God the Arch-Bishops of Canterbury and York and Our Directions concerning Preachers given at Our Court at White-hall March 15. 1685. in the Second Year of Our Reign yet he the said Dr. John Sharp in contempt of the said Orders hath in some of the Sermons he hath since preached presumed to make unbecoming Reflections and to utter such Expressions as were not fit or proper for him endeavouring thereby to beget k the Minds of his Hearers an evil Opinion of Us and Our Government by insinuating Fears and Jealousies to dispose them to Discontent and to lead them into Disobedience and Rebellion These are therefore to require and command you immediately upon receit hereof forthwith to suspend him from further Preaching in any Parish Church or Chappel in your Diocess until he has given Us Satisfaction and Our further Pleasure be known herein And for so doing this shall be your Warrant And so We bid you heartily farewel Given at our Court at Windsor June 14. 1686. in the Second Year of Our Reign By His Majesty's Command SVNDERLAND The Bishop of London's Answer sent by Dr. Sharp to the Earl of Sunderland then at Hampton-Court on Friday June 18. Who could have no Answer To the Right Honour able the Earl of Sunderland Lord President c. My Lord I Always have and shall count it my Duty to obey the King in what-ever Commands he lays upon me that I can perform with a safe Conscience But in this I humbly conceive I am obliged to proceed according to Law and therefore it is impossible for me to comply because though his Majesty commands me only to execute his Pleasure yet in the Capacity I am to do it I must act as a Judg and your Lordship knows no Judg condemns any Man before he has knowledg of the Cause and has cited the Party However I sent to Mr. Dean and acquainted him with his Majesty's Displeasure whom I find so ready to give all reasonable Satisfaction that I have thought fit to make him the Bearer of this Answer From him that will never be unfaithfull to the King nor otherwise than My Lord Your Lordships most humble Servant H. LONDON After this the Chancellor ask'd the Bishop if he had any more to say Who then desired his Counsel might be heard by whom they would have more clear and full Satisfaction concerning what he had said Whereupon the Bishop was desired to withdraw and after half an hour he and his Counsel were called in who were Dr. Oldish Hodges Prince and Newton Dr. Oldish pleaded That the King's Letter did not take cognizance of the Cause so that it could not be an absolute Suspension because that supposeth a Proof of the Crime charged upon him That there was no such word in their Laws as suspend from Preaching which therefore must be meant silencing and this the Bishop did and in such a Method as is observed in their Courts Dr. Hodges then pleaded That the Bishop had done what the King commanded and that he could not Suspend which is a Judicial Act without first a Citation and Hearing which is the Method of proving before all Courts and appeared to be so in this otherwise the Bishop needed not to have been cited before them And that in returning the King an Answer why he did not do what he commanded him he did but what was his Duty and what was Law Dr. Price pleaded that a Citation was Jure Gentium and could never be taken away by any Positive Command or Law whatsoever that therefore the Bishop had obeyed the King so far as he could in that he had silenced the Doctor the Advice of a Bishop being in some sense an Admonition which is a Judicial Act and was given by the Bishop and obeyed by the Doctor Dr. Newton pleaded that the Bishop had obeyed the King for as in Nature no Man can be desired to do what is impossible so no man can be obliged to do an unlawful Act which Suspension without Citation and Hearing is That the Bishops are Custodes Canonum and therefore must not break them themselves That he had done what was in his Power to do and it was in effect what the King commanded to be done For where he did Rescribere and heard not the further Pleasure of the King returned he ought to conclude the King was satisfied with what he had written according to his Duty and the King had altered his Commands Then the Bishop of London said If he had erred in any Circumstance he was very ready to beg his Majesties Pardon and would be ready to make any reparation he was capable After which the Bishop withdrew for half an Hour and then being called in was desired to attend the Court again on Sept. 6. So the Bishop desiring that care might be took concerning the Minutes taken by the Clerks of what passed that he might not be misrepresented to the King by the Mistake of the Pen-man he went away While the Counsellors were pleading Dr. Pinfold the King's Advocate stood at the Chancellor's Elbow and took Notes by which it was expected that he should make a Reply but he said nothing and 't is supposed that he staid with the Council when the Bishop withdrew and gave them Reasons for his silence On Monday Sept. 6. 1686. There being present in Council the same as before and the Bishop appearing he was desired to sit down and hear his Sentence which to prevent Mistake they had ordered to be put in Writing The Bishop then would have spoke but was not suffered And then Mr. Bridgman their Register read the Instrument whereby the Bishop of London was suspended from the Execution of his Episcopal Office upon pain of Deprivation during his Majesties Pleasure sealed with their Seal but signed by no Body at all And some day after one of the
Parliaments Julian's Arts to Undermine and Extirpate Christianity c. By Samuel Johnson The Impression of which Book was made in the Year 1683 and has ever since laid buried under the Ruins of all those English Rights which it endeavoured to defend but by the Auspicious and Happy Arrival of the Prince of Orange both They and It have obtained a Resurrection Dr. Gilbert Burnet now Bishop of Salisbury his Tracts in Two Vollumes in which are contained several Things relating to the Affairs of England The Mystery of Iniquity working in the Dividing of Protestants in order to the subverting of Religion and our Laws for almost the space of thirty Years last past plainly laid open With some Advices to Protestants of all Perswasions in the present Juncture of our Affairs To which is added A Specimen of a Bill for uniting of Protestants Liberty of Conscience now highly necessary for England humbly represented to this present Parliament An Enquiry into and Detection of the Barbarous Murther of the late Earl of Essex now under consideration of a Committee of the House of Lords Or a Vindication of that Noble Person from the Guilt and Infamy of having destroyed himself An Account of the Trial of Mr. Papillon To which is added The Matter of Fact in the chusing of Sheriffs in Sir John Moor's Year now under the consideration of the Committee for Grievances A Collection of strange Predictions of Mr. J. P. for the Years 1687 and 1688 about K. James the Second Prince of Wales and the scampering away of many great Ministers of State Arguments against the Dispensing Power in Answer to L. C. J. Herbert The Royal Cards Being a lively Representation of the late Popish and Tyrannical Designs and of the wonderful Deliverance of this Kingdom from the same by the glorious Expedition of William Henry Prince of Orange now King of England whom God long preserve printed in curious Copper Plates Price 1 s. a Pack Mumurers reproved in a Sermon preached by Mr. Hopkins c. England's Call to Thankfulness for her late great Deliverace By Mr. John Olliffe c. Melius Inquirendum Or a further modest and impartial Inquiry into the Lawfulness of taking the New Oath of Allegiance By a Divine of the Church of England A Friendly Debate between Dr. King's-Man a Dissatisfied Clergy-Man and Gratianus Trimmer a Neighbour-Minister concerning the late Thanksgiving-Day the Prince his Descent into England the Nobilities and Gentries joining with him the Acts of the Honourable Convention the Nature of our English Government the Secret League with France the Oaths of Allegiance and Supremacy c. with some Considerations on Bp Saunderson and Dr. Falkner about Monarchy Oaths c. Written for the Satisfaction of some of the Clergy and others that yet labour under Scruples By a Minister of the Church of England A Brief Vindication of the Parliamentary Proceedings against the late King James the Second Proving that the Right of Succession by nearness of Blood is not by the Law of God or Nature but by Politick Institution With several Instances of deposing Evil Princes shewing that no Prince hath any Title Originally but by the Consent of the People The Dying Speeches of several Excellent Persons who suffered for their Zeal against Popery and Arbitrary Government in the Reigns of King Charles the Second and King James the Second Ireland's Lamentation Being a Short but Perfect Full and true Account of the Scituation Nature Constitution and Product of Ireland With an Impartial Historical Relation of the most Material Transactions Revolutions and miserable Sufferings of the Protestants there from the Death of King Charles the Second to the latter end of April 1689. The Time and Manner of the late King 's Landing there What Men Monies Shipping Arms and Ammunition he brought with him The Manner of his going up and into Dublin His Kneeling to the Host Displacing all Protestants The Strength and Defeat of his Army and what else is of Note To which is added A Letter from a Lieutenant in the Irish Army dated at Dublin May 7. with an Account of Affairs to that Time