of Vices and is a prophane lewd debauchee This Keeling is brought in as the first Witness against Mr Bateman tho' his Evidence touch'd him no more in Law than it did every of the Jury-men and it is remarkable Page 1. c. of the true Account c. that in the four Informations which he at several times gave in to Jenkins Mr Bateman is not so much as once named and yet we here find Keeling a witness against him The fore-mentioned bitter and malitious History doth likewise present us at large Page 34. of the true Account c. as it did Keeling's with the Information of Lee the dyer against Mr Bateman therein Lee swears that he told Mr B. a story he had from Goodenough of our Rights and Priviledges being invaded and that some Gentlemen had taken into consideration how to retrive them c. That Mr Bateman thereupon told him he must have a care and speak at a great distance that he was willing to assist if he could see but a Cloud as big as a Man's hand And that Mr B. told him that the Duke of Monmouth told him the said Mr B. that he was glad that he came acquainted with those Protestant Lords and that Mr B. assured Lee that the Duke was very right for the Protestant Interest and that we need not mistrust him And Lee added in that Information That Goodenough told him that they must seize the Tower and take the City and secure the Savoy and Whitehall and the King and the Duke The Case as to poor Mr Bateman was much altered between the time of Lee's giving the foregoing Information and this Tryal for at first the managers were for hanging Goodenough of whom the Author of the True Account pag. 55. saith that he with monstrous Impiety maintained and recommended the Murder of the King and the Duke as a pious design and a keeping of one of the ten Commandments and the best way to prevent shedding Christian Blood rather than Bateman and to that end Lee's main force was then bent against Goodenough but now it being found that Goodenough and the City Juries of that day could hang Alderman Cornish and Bateman and also Sr. Robert Peyton could they have catcht him the story of a Cloud as big as a man's Hand is expatiated and breaks in a dreadful storm upon Mr B. That of the Duke of Monmouth's being right for the Protestant Interest is now mightily improved and Bateman made to have said The Duke would engage in the business and had Honses in readiness c. And that he the said Bateman would take an House near the Tower in order to surprize it c. As matters were at first concerted the Evidence ran thus Goodenough told Lee that they must seize and secure the Tower the City the Savoy Whitehall the King and the Duke Now Lee swears and Goodenough backs him in it that all this discourse of seizing and securing c. proceeded from Mr Bateman To conclude the whole was a hellish Contrivance to destroy the most valuable men of the Age and with them the Protestant Religion and the wicked History I have mentioned is a lying most malitious Libel upon the great and noble Names and Families of the D. of Monmouth the Earls of Bedford Leicester Essex Shaftesbury Argyle and others and also upon the present learn'd Bishop of Salisbury and therefore seeing that Author doth not unwrite it 't is pitty that 't is not condemned to be burnt by the hands of the Common-Hangman And should it receive that deserved Sentence the Executioner is hereby advertised that he may find the Book in Custody unless escaped since the Prince of Orange's Landing and also in Irons it being affixed very fairly bound with a Chain not far from Newgate at Sadlers Hall with an Inscription on the Title Page The Gift of Mr Nott of the Pall Mall Remarks upon the Tryal of the Right Honourable Henry Lord. Delamere upon the 14th Day of January 1685. Before the Lord Jeffryes Lord High Steward on that occasion SOon after the defeat of the Duke of Monmouth in the Year 1685 a Proclamation was issued requiring my Lord Delamere to render himself which his Lordship accordingly did and upon the 26th of July 1685 the Earl of Sunderland Secretary of State committed him to the Tower for high Treason The Parliament sitting in November following the House of Lords began to enquire into his Lordship's case but were quickly after prorogued to the 10th of February following and never sate more The County Palatine of Chester did at that time furnish the Conspirators with as good Juries as could be pack'd in the City of London by Sr John Moore 's Sheriffs as is well known to the right honourable the Earl of Macclesfield my Lord Delamere Sr Robert Cotton and many other eminently deserving Patriots of Cheshire Thither was a Commission of Oyer and Terminer speeded and an Indictment was preferred against his Lordship before Sr Edward Lutwich Chief Justice of Chester and the Bill was readily found against him by a well prepared and instructed Grand-Jury Thereupon his Lordship was brought to Tryal before the Lord Jeffryes High Steward and the following Peers viz. Laurence Earl of Rochester Lord high Treastrer of England Robert Earl of Sunderland Lord President of the Council Henry Duke of Norfolk Earl Marshal of England James Duke of Ormond Lord Steward of the Houshold Charles Duke of Somerset Christopher Duke of Albemarle Henry Duke of Grafton Henry Duke of Beaufort Lord President of VVales John Earl of Mulgrave Lord Chamberlain of the Houshold Aubery Earl of Oxford Charles Earl of Shrewsbury Theophilus E. of Huntington Thomas E. of Pembrooke John E. of Bridgewater Henry E. of Peterborow Robert E. of Scarsdale William E. of Craven Richard E. of Burlington Lovis E. of Feversham George E. of Berkley Daniel E. of Nottingham Thomas E. of Plymouth Thomas Viscount Fanconberg Francis Viscount Newport Treasurer of the Houshold Robert Lord Ferrers Vere Essex Lord Cromwell William Lord Maynard Comptroller of the Houshold George Lord Dartmouth Master General of the Ordnance Sidney Lord Godolphin John Lord Churchill Who being called over and appearing the High Steward began thus My Lord Delamere you stand indicted of High Treason by a Bill found against you by Gentlemen of Great Quality and known Integrity within the County Palatine of Chester the place of your residence and the King has thought it necessary to order you a speedy Tryal My Lord if you know your self innocent do not despond A Complement which Jeffryes never put upon any Man before For you may be assured of a fair and patient hearing and a free liberty to make your full defence He then ordered the Indictment to be read which was to this effect viz. That my Lord D. as a Traytor against King James the second the 14th of April last conspired with other Traytors the deposing and death of the King and did
believes it consisted of seven or eight hundred Sheets Mr Joseph Ducas upon his Examination informed the Lords in substance as follows That Colonel Sidney was taken up by a Messenger before there could be any pretence of proof against him for the Lord Howard the only Witness was not seized till fourteen dayes after That when Sr Philip Floyd seized and carried away Colonel Sidney's Papers he promised him that the Trunk and Pillowbeere in which they were sealed up should not be opened but in the Colonel's presence but that promise was not performed That they seized the Colonel's Goods and Money in the City and Country five or six Months before any Indictment was found against him That the Colonel was brought to Westminster the 7th of November by an * A most clear demonstration that the Prosecutors of this great Man had good Intelligence with the Grand Jury Influence upon them Habeas Corpus sent the day before to be arraigned upon an Indictment tho' no Indictment was then found against him and they kept him in a Tavern in the Palace-yard an hour till they had got the Grand Jury to find the Indictment That the Colonel being carried to the Court of King's Bench and the Indictment read he demanded a Copy thereof but the Court refused it That the Colonel offered a Special Plea engrossed in Parchment and desired it might be read but the Chief Justice said that if the Attorney General demurred and the Plea were over-ruled Judgment of Death should pass upon him and Wythens said if your Plea be over-ruled your Life is gone and so he was forced to Plead Not Guilty That he challenged several of the Jury as being the King's Servants and others as not being Freeholders but was over-ruled therein Some Gentlemen and very worthy Persons were for Fashion sake put into the Pannel and called but did not appear and it may be reasonably thought they were never summoned That Colonel Sidney was informed that when the Jury was withdrawn the Chief Justice under pretence of going to drink a Glass of Sack went to the Jury when they were consulting about their Verdict That when it was demanded of the Colonel what he had to say why Judgment should not pass he urged several points of Law but was over-ruled in every thing To this effect was the Information of Mr Ducas a very valuable French Protestant Gentleman and Colonel Sidney's true Friend To which I shall here subjoyn a few words uttered by that great Man at the time of his Condemnation I was brought to VVestminster the 7th of this Month by * This leads me to correct an Error committed in the first part of this History pag. 185. where I said as I then understood it that Colonel Sidney brought the Habeas Corpus but it appears that it was brought at the instance of his Prosecutors And upon this occasion I shall confess another mistake therein all with which I have been charged in the first part that I said Robert Masters one of Sr S. Barnardiston's Jury was a principal Witness against Colledge But I must acknowledge that Richard was the Witness Robert the Jury man was his Brother and only suck'd the same Milk with him Habeas Corpus granted the day before to be arraigned when yet no Bill was exhibited against me and my Prosecutors could not know it would be found unless they had a Correspondence with the Grand Jury That the Jury was not summoned by the Bailiff but agreed upon by the Vnder-Sheriff and Graham and Burton Upon the Sentence he expressed himself in that excellent manner which the Reader may turn to in the first part of the Display of Tyranny Page 200. Whereupon the Chief Justice foaming at the Mouth told him he was mad To which Colonel Sidney with great composure and gallantry of mind stretching out his hand said My Lord feel my Pulse and see if I am disordered I bless my God I never was in better Temper than I now am Dr. Chamberlaine being examined deposed That meeting the Lord Hallifax in the Gallery at White-hall he asked his Lordship whether the Aldermen were to blame that defended the City Charter and he believes he did not blame them but said the King must or will have the Charter he rather thinks it was must have it he believes he might tell this to the Duke of Monmouth my Lord Russell and others That it was for Sr John Laurence's sake he asked the Lord Hallifax and to him he gave advice to take care in what he did he being one of the Committee to defend the Charter A Memorial of the Numbers of Charters Dispensations and Pardons passed between October 1682 and the time of the late King's Abdication THe Marquess of Hallifax was Lord Privy Seal from October 1682. to February 1684. In which time 166 Charters were granted whereof one passed immediatè No Dispensations passed in that time In that time 47. Pardons with Non-Obstante's and Clauses with Dispensations were granted whereof three passed immediatè The Earl of Clarendon was Lord Privy Seal from February 1684 to December 1685. in which time 94. Charters were granted whereof 17 passed immediate No Dispensations passed in that time In that time 10 Pardon with Non-Obstante's and Clauses with Dispensations were granted whereof two passed immediatè The Lord Tiveot and others were Commissioners of the Privy Seal from December 1685. to March 1686 7. in which time 26 Charters were granted which passed in the usual manner Dispensations with the Penal Laws in that time were Six whereof one was immediatè In that time 70. Pardons with Non-Obstante's were passed whereof one of them immediatè The Lord Arundel of Wardour was Lord Privy Seal from March 1686 7. to 4 Jacobi 2. in which time 56 Charers were granted whereof 41. passed immediatè Dispensations in that time were 35. whereof 3 passed immediate In that time were 47 Pardons with Non-Obstante's passed whereof 25 passed immediate These are the heads of the Earl of Stamford's Report which being read in the House of Lords the same was by Order sent down to the House of Commons for their Information in these Affairs Copies of some Papers mentioned in or relating to the forgoing Informations Copy of the Advertisment in the Gazette Number 1880. November 26. 1683. relating to the Duke of Monmouth mentioned in the Examinations of Mr Row and Mr Yard WHite-hall November 25. His Majesty having this afternoon called an Extraordinary Council was pleased to acquaint them that the Duke of Monmouth did the last night surrender himself to Mr Secretary Jenkins having before writ a very submissive Letter to his Majesty entirely resigning himself to his Majesty's disposal That his Majesty his Royal Highness went down to Mr Secretary's Office where the Duke of Monmouth was who shewed himself very sensible of his crime in the late Conspiracy making a full Declaration of it And that having shewed an extraordinary penitence for the same and
Trayterous discourses and boastings of the Factious and Malecontent Party which I encounter I mean not Papists for I know not one Person avowedly so about London as tho' the whole Nation were ready as the Men I talk of vainly flatter themselves by a unanimous and universal consent to degenerate and apostatize to Popery and Slavery But Methinks they should be too early and too quick in their expectation that the English Nation should no sooner see the Yoke of the Oppressors in a most wonderful manner broken by the immediate hand of Heaven but it should tamely submit unto nay Court with them the intolerable Yoke of France and that at a Juncture when it is thrown off by a Bigotted Popish Prince who has been for a long time an unhappy Instrument in the hands of the Bloody Tyrant of France to the oppressing and destroying the most antient pure and best Christians upon the Face of the Earth the Vaudois That we have such a Race of Animals walking and that with no more than two Legs apiece amongst us is too well known to be denyed or dissembled and one would think that their Practices which are so grosly evil and eminently dangerous should not be countenanced or defended but which is to be lamented they have their powerful Abettors and Patrons and therefore 't is to be wisht that their Edge may be blunted and their effronted Impudence duely censured Sir As to these Collections if that may be any invitation to your throwing away a very few hours upon their perusal I do assure you that I have made them with all due regard to Truth and am not conscious of one Mistake or untruth in the whole Work my Care in that point has put me to much trouble and some charge for where I doubted I have travelled to receive true and certain Information of matters of Fact and such Materials as I wanted which were upon Record I fetcht from thence and therefore the certainty of matters here told must atone for the want of Method and delighting Language I had the Promise and so I thought assurance of some things at least as valuable as the best things in this Tract can be esteemed to be but some Men are too zealously intent and busie in their private Affairs to be publick-spirited though I remember the time when they were eminently so therefore to touch that Point no further at present I shall only say I have done Vt potui and wish that some other Person who could have done this to more advantage had undertaken the Task I am what I alwayes was and ever will be SIR Your Honourer and most humbly-devoted Servant July 10th 1690. To the Publick-Spirited READER 'T Is not my design in this Address to commend this Pamphlet or to invite Thee to throw away thy time or money upon it for I must tell thee truly that tho' the Matters here treated of are worthy of any Man 's considering and are not to be forgotten yet the Disadvantages and Discouragements which I have been under in compiling the History thereof have been such that when thou goest to read them thou will I doubt meet with disappointment and fall short of the satisfaction thou mayst promise thy self for it will appear short immethodical and very confused but I did my best here is a geat deal of matter brought into a narrow compass and the thing had heen something valuable if some Persons had furnished the Materials which they promised and others had in time found leisure to lend what I at last obtained but they came late to my hand so that I could not methodize what thou here findest better or otherwise than thou seest If thou dislikest the Book upon these or any other Reasons thou mayst let alone and then there 's no Harm done And And after this fair Caution thou wilt buy and read it and the nature of the thing should render it any way grateful and thou canst find in thy heart to employ a little time in a Work of this kind in wich I have quite tired my self I do here present thee with Heads sufficient to fill a Folio viz. The Tryal and Case of him who is the best Pattern for Magistrates in England That of the Right Honourable Sr Thomas Pilkington most happily at this time Lord Mayor of London with the Duke of York wherein a Hertfordshire-Jury gave the Duke 100000 l. Damages His Lordship's Tryal with Bolsworth wherein a Surry-Jury gave the Perfumer 800 l. Damages The Tryal of Sr Patience Ward upon a Pretence of Perjury but in truth for putting the Inscription upon the Monument notifying to the Ages to come that the Papists burnt London The Tryals of Sr Trevor Williams Mr Arnold and Mr Colt with the Duke of Beaufort The Tryal of the Grave and most Pious and highly learned Mr Baxter The two Tryals of the Reverend and eminently learned Divine and incomparable good English-man Mr Johnson the Confessor for the English Liberties The Proceedings between the Duke of York and Mr Covert of Chichester wherein 100000 l. Damages were given to the Duke The Prosecution of Mr Aaron Smith for his honest and undaunted Assistance of Stephen Colledge at Oxford And for his not Witnessing against Colonel Sidney according to the Advice of Sr A. P. The Tryal of Mr Gutch of Bath with a Bishop The Prosecutions and Tryals of Mr Roswel the Minister Mr Whitaker Mr Wilmer Mr Culliford Mr Best Mr Samuel Harris Mr Joseph Brown cum multis alijs My good Friend I have here cut thee out Work and therefore not to detain thee from it I bid thee heartily Farewell The CONTENTS REmarks upon the Tryal of Mr Braddon and Mr Speke in relation to the Murther of the Earl of Essex pag. 1. An Abstract of Proofs made before the House of Lords in relation to the Earl of Exssex's Murder pag. 31. Remarks upon the proceedings in the King's Bench in the Case of Fitz-Harris pag. 52. Heads of the Speeches and Resolves in the Oxford Parliament about Fitz-Harris p. 57. The Protest of the Lords upon the Refusal of the Impeachment against Fitz-Harris p. 64. The Indictment and Plea of Fitz-Harris in the Court of King's Bench p. 67. Tue Arguments upon the Plea p. 75. The Tryal of Fitz-Harris at the King's Bench Bar p. 122. The Libel given in Evidence against Fitz-Harris as it was read to the Jury p. 127. The Examination of Fitz-Harris by Sr Robert Clayton and Sr George Treby p. 149. Remarks thereupon and upon Dr Hawkins his Sham Confession published in the Name of Fitz. Harris p. 153. Remarks upon Mrs Gannt's Tryal p. 159. Mrs Gaunt's Speech p. 166. Remarks upon the Tryal of Mr Joseph Hayes p. 172. A touch of Mr Roswell's Tryal p. 199. Remarks upon Mr Charles Bateman's Tryal p. 201. Remarks upon my Lord Delamere's Tryal p. 217. The Fanatical Presentment of the Cheshire Grand Jury in 1683 against my Lord of Macclesfield my Lord Delamere and twenty
six more of the honourable and most valuable Gentlemen of that County p. 268. Heads of Informations before the House of Lords about the Murders of my Lord Russell Col. Sidney Sr Tho. Armstrong Mr Cornish c. p. 273. An Account of Charters Dispensations and Pardons passed between October 1682 and the late King's Abdication p. 312. Copies of some Papers relating to the fore-going Informations p. 316. Copy of Colonel Sidney's Plee p. 320. The Names of the Grand and Petty Juries return'd upon my Lord Russell p. 324. The Grand and Petty Juries return'd upon Alderman Cornish and Mrs Gaunt p. 328. The Pannel of Jurors returned upon Colonel Sidney p. 331. The solemn dying Declarations of seven Persons executed for the Conspiracy against the Life of King Charles the second and the Duke of York p. 335. REMARKS Upon the Tryal of Mr Laurence Braddon Mr Hugh Speke Upon an Information about the matter of the Murder of the late Right Honourable Arthur Earl of Essex THis Excellent Person and right Noble Peer the Earl of Essex did to say no more equal the best and most deserving of his Contemporaries in zeal and resolution steadily to assert and defend our Religion Laws and Liberties in the day in which they were most highly threatned and most dangerously invaded His Lordship and that sure and never shaken Friend to the right English Government and to the Interest of his Country His Grace the Duke of Bolton then Marquess of Winchester were usually if not always in the Chaire of the secret Committees of the House of Lords which inspected the business of the damnable Popish Plot and which was a Consequent of it the horrid Murder of Sr Edmundbury Godfrey who was made the first Sacrifice to the Popish rage for prying into that Arcanum His Lordship the Earl of Essex added also greatly to his Crimes in being Chaire-man of that Committee of Lords which prepared matters for the Tryal of that great Conspirator Colman the Duke of York's Minion and Secretary And he contracted a further and never to be forgiven Guilt in that soon after the astonishing dissolution of the Parliament in January 1680 and the King's Declaration of his Resolution to hold the next Parliament upon the 21st of March 1680 at Oxford several Noble Lords agreed upon a Petition to advise the King against that Resolution and their Lordship 's pitched upon the Earl of Essex to present it as he did upon the 25th of January 1680 and then made a Speech to his Majesty which deserves eternal Remembrance it was to this effect ☞ That the Lords there present with other Peers observing how unfortunate many Assemblies have been when called remote from London particularly the Congress at Clarendon in Henry the second 's time Three Parliaments at Oxford in the time of Henry the third and the Parliaments at Coventry in Henry the sixth's time with divers others which have proved fatal to those Kings and brought great mischief on the Kingdom And considering the Jealousies and Discontents amongst the People They apprehended the consequences of a Parliament at Oxford might be as fatal to the King and the Nation as those were to the then Reigning Kings and therefore they conceived they could not answer it to God to his Majesty or to the People If they being Peers should not offer him their advice to alter that unseasonable resolution The Petition was to this effect That whereas the King by Speeches and Messages to both Houses had rightly represented the dangers threatning his Majesty and the Kingdom from the Plots of the Papists the sudden growth of a Foreign Power which could not be stop'd unless by Parliament and an Vnion of Protestants That the King in April 1679 having called to his Council many honourable and worthy Persons and declared that being sensible of the evil Effects of a single Ministry or private Advice or foreign Committee for the direction of Affairs That he would for the future refer all things unto that Council and that by their constant advice with the frequent use of the Parliament he was resolved hereafter to Govern They began to hope to see an end of their Miseries But They soon found their expectations frustrated and the Parliament dissolved before it could perfect what was intended for their relief and security And tho' another was called yet by many Prorogations it was put off to the 21st of October past That though the King then acknowledged that neither his Person nor the Kingdom could be safe till the Plot was gone thorow yet the Parliament was unexpectedly prorogned on the 10th of January before any sufficient Order could be taken therein That all their just and pious endeavours to save the Nation were overthrown The good Bills they had been industriously preparing to unite Protestants brought to nought The Witnesses of the Plot discouraged Those foreign Kingdoms and States who by a happy Conjunction with us might check the French Power disheartned even to such a despaire as may induce them to take Resolutions fatal to us The strength and courage of our Enemies both at home and abroad encreased And our selves leftin the utmost danger of seeing our Country brought into utter Desolation That in these Extremities they had nothing under God to comfort them but the hopes that the King touch'd with the Groans of his perishing People would have suffered the Parliament to meet at the day to which it was prorogued and no further interruption should be given to their Proceedings in order to the saving the Nation But that that failed them too for the King by the private suggestions of Wicked Persons Favourers of Popery Promoters of French designs and Enemies to the King and Kingdom * Innuendo Some Body their Names are even at this day worth the knowing lest any of them should creep into their present Majesties Councils without the Advice against the Opinion of the Privy-Council dissolved that Parliament and intended to call another to sit at Oxford where neither Lords nor Commons could be in safety but would be exposed to the Swords of the Papists and their Adherents of whom too many were crept into the Guards That the Witnesses against the Popish Lords and Impeached Judges could not bear the charge of going thither nor trust themselves under the Protection of a Parliament that is it self evidently under the power of Guards and Souldiers The Petitioners out of a just Abhorrence of such pernicious Council which the Authors dared not to avow and their direful apprehensions of the Calamities and Miseries that may ensue thereupon Most humbly prayed and advised That the Parliament might not sit at a place where it would not be able to act with that freedom which is necessary but that it might sit at Westminster This Petition was signed Monmouth Kent Huntington Bedford Salisbury Clare Stanford Essex Shaftesbury Mordant Eure Paget Grey Herbert Howard Delamer This humble Application and most necessary and seasonable Advice found
the same entertainment which King Charles the second ever gave to the Councils offered to him in favour of the Protestant Religion and of the true English Government however the honest zeal and undaunted Courage of these Noble Lords made deep impressions upon the Breasts of all true Lovers of the Laws and Liberty of their Country And the Citizens of London in Common-Hall assembled upon the 4th of February 1680. spoke their Approbation of their Loraship's Noble Enterprize in what follows which was agreed upon with a general and loud Acclamation of thousands of Citizens To the Worshipful Slingesby Bethel and Henry Cornish Esquires Sheriffs of London and Middlesex WE the Citizens of the said City in Common-Hall assembled having diligently perused the late Petition and Advice of several Noble Peers of this Realm to his Majesty whose Counsels We humbly conceive are in this unhappy juncture highly seasonable and greatly tending to the safety of these Kingdoms We do therefore make it our most hearty request that you in the Name of this Common-Hall will return to the Right Honourable the Earl of Essex and by him to the rest of the Noble Peers the grateful Acknowledgment of this Assembly By these means and indeed by the whole Course of this Noble Lord's Life which was a steady Course of Exemplary unshaken Vertue and shew'd an unalterable affection to the true Religion and detestation of Tyranny He became insupportable to those whose Study was Mischief and to whom no Person was acceptable but such as they found disposed to betray the Protestant Religion and the Rights of England to their Popish and Despotick Designs and therefore from this time they grew more assiduous to contrive his Destruction The Conspirators well knew that this Great Man had most deservedly acquired a mighty share in the hearts of the People And that as he knew very much of their Designs so that he was not by any arts or allurements to be Cozen'd or tempted to a Complyance therewith therefore as They told the brave Colonel Sidney he must dye that their Plot might live and to avoid the Reproach of bringing the Son to the Block by that very Prince for whom the Father had lost his Head and which is also very probable to prevent his discovery of what he could tell and others knew not They condemn him without a Tryal and in a most barbarous manner Murder him in the Tower But Heaven intending to bring this accursed Assassination of the brave Earl of Essex to light a report of very suspitious Circumstances in relation to that matter was instantly spread and reached the Ears of Mr Braddon a Gentleman of great Integrity and of no less Courage whose honest Zeal prompted him to look into that hellish Intrigue and to endeavour a full discovery of that horrid Villany but that Season not allowing it he and Mr Speke were run upon and with great fury prosecuted in the manner following They were brought to Tryal upon an Information charging them with Subornation and endeavouring to raise a belief that the Earl of Ess did not murder himself The Judges then in Court were The Lord Chief Justice Jeffryes Judge Withens and Judge Holloway The Jury Sr Hugh Middleton a Papist Thomas Harriot Thomas Earsby Joshua Galliard Richard Shoreditch Charles Good Samuel Rouse Hugh Squire Nehem. Arnold John Byfeild William Waite James Supple The King's Council were Attorney General Sawyer Solicitor General Finch Jenner Recorder of London Mr Dolben Mr North Mr Jones Council for the Defendants were Mr Wallop Mr Williams Mr Thompson Mr Freke Mr Dolben opened the Information to this effect That whereas the Earl of Essex upon the 10th of July last was committed to the Tower for Treason and did there Murder himself as was found by the Coroner's Inquisition yet the Defendants designing to bring the Government to hatred the 15th of August conspired to perswade the King's Subjects that the said Earl was Muedered by certain Persons unknown and to procure false Witnesses to prove that he was not felo de se but was Murdereds and that they did malitiously declare in writing that Mr Braddon was the Person that did prosecute the said Murder to the scandal of the Government c. Then the Attorney General brought in Evidence Sr Leoline Jenkins his Warrant for the Commitment of the Earl to the Tower and the Inquisition of Mr Farnham the Coroner taken by this Jury July 14th 1683. viz. Samuel Colwel William Fisher Thomas Godsell Thomas Hunt Natha Mountney Thomas Potter William How Robert Burgoyne Eleazar Wickens Thomas Hogsflesh Henry Cripps Richard Rudder William Knipes John Hudson John Kettlebeater Lancelot Coleson Morgan Cowarne Thomas Bryan William Thackston Richard Cliffe Zebediah Prichard William Baford and Theophilus Carter Which Jury had found that the Earl of Essex was Felo de se Then the Witnesses for the King being called Mr Evans was sworn and the Attorney General suggested that he and old Mr Edwards would prove that Mr Braddon went about and declared that the Earl of Essex was Murdered and that he was the Prosecutor of the Murder but neither of them answered expectation in that matter Mr Evans testified that Mr Edwards told it to him and others for News at the Custom-House that fore-noon of the day of the Earl of Essex his death that his Son said that he saw a Razour thrown out of the Earl's Window That upon the Munday after which was July the 16th Mr Braddon came with Mr Hatsel to his House where Mr Hatsel shewed him the Coroner's Inquisition in Print which having read Mr Evans told Mr Hatsel what he had heard from Mr Edwards at the Custom-House And he said that Mr B. did not concern himself or say any thing though he might hear Mr Evans his discourse with Mr Hatsel he being walking about the Room Mr Evans added that upon the 17th of July Mr Edwards and Mr Braddon found him in a Coffee-House and Mr Edwards then told him that Mr Braddon had been with him examining his Son about a Razour that was thrown out of the Earl of Essex his Window Mr Edwards testified that about ten of the Clock the day of the Earl's death he was informed by his Family and by his Son that same day at noon that his Son came from the Tower about ten of the Clock and said that he had seen the King and Duke and that the Earl of Essex had cut his own Throat and that the Boy saw an hand throw a Razour out of the Window and a Maid in a white Hood came out of the House and took it up and then go in again and that he heard a noise as of Murder cryed out Mr Edwards acknowledged that he told several at the Custom-House the same day what the Lad had declared and that Mr Bradden came not to make enquiry about it till Tuesday the 17th of July before which time he never knew Mr Braddon that he then told him what report the
Boy brought home and added that the Boy never denyed it before Mr Braddon came but did afterwards that same day deny it as his Wife and Daughter informed him his Sister having put him into fear about it and that Mr Braddon did not desire the Boy to give it under his hand till he had been there two or three times William Edwards the Son aged 13 years was then sworn his Father like a very honest Man charging him in the presence of Almighty God to say nothing but the truth he said that he told his Father that he saw an Hand cast out a bloody Razour and a Maid come out and take it up and go in again That Mr Braddon asked him what he saw at the Tower and that he told him as he had told his Father and that Mr Braddon bad him speak the truth and wrote down what he told him and nothing more and then read it to him and ask'd him whether it were true and that he told him that all that was in the Paper was true and that he then put his Name to it Then the Chief Justice and King 's Counsel interrogating him he said that he did at first refuse to put his Name to it because he was afraid of coming into danger and being further pressed he added that the reason why he feared danger was because what was in the Paper was not true but consessed that he did not tell Mr B. that it was not true but that his Mother was afraid to have him sign it and declared upon the question put to him that Mr B. did not offer or promise him any Money Thomas Hawkins Son of Dr Hawkins of the Iower Protestant Confessor to Fitz. Harris the Papist being produced to contradict young Edwards The A. General suggested that they were together the whole Morning and that there was no such thing of the Razour as Edwards had declared but this Lad only testified that young Edwards and he walked round the Tower as long as the King walked that when the King went into the Constable's House they went to play after their play he left Edwards went home and that after he had been there a little time news was brought to his Father that the Earl of Essex had killed himself and that thereupon his Father went down and he followed and after he had been a little while there William Edwards came and they stood looking up at the Window an hour or two and went away together and that he saw no Razeur thrown out Upon this Mr A. General in a reproachful way said My Lord This rumour began in a Fanatick Family he might have been justly answered that Mr Edwards his Family was and is of as good reputation as one certain Doctor 's not to vie with more where the stifling of such Evidence as ran against the Stream had been some Years before notoriously practised But to return to the matter in hand is it not most evident that Mr Attorney was not rightly instructed For 't is manifest that the Lads were parted when the Murder was committed and the Razour thrown out the young Doctor declaring that he was in his Father's House when the news of the Earl's death came and then went with his Father to the place and 't is more then probable that in the crowd and distraction which must necessarily be there he might not at his first coming see young Edwards Next Mr Blathwayte and Mr Mon-Stevens the Earl of Sunderland's Secretary were called and sworn Mr Blathwayte appeared rather as an Advocate than a Witness against Mr Braddon They testified Mr Braddon's bringing the Information of young Edwards to my Lord Sunderland the Secretary's Office and that Edwards declared before the King that what was contained therein was not true and yet Mr Braddon would prosecute it The Information was then read to this following effect July the 18th 1683. The Informant saith that on Friday the 13th instant he heard that the King and the Duke of York were going to the Tower and that he went thither to see them and then went about nine of the Clock to see the Lord Brandon's Lodgings and as he was standing between these Lodgings and the Earl of Essex 's he saw an Hand cast out a bloody Razour out of the Earl's Lodgings and he was going to take it up but before he come to it there came a Maid running out of Captain Hawley's House where the Earl ledged and took up the Razour and carried it into the House and the Informant believes it was the same Maid which he first heard to cry out Murder and saith that he heard the Maid say to some about the Door after Minder was cryed that she heard the Earl of Essex groan three times that Morning Sr Henry Capel was then produced to thew as the Council urged that Mr Braddon prosecuted this matter on his head He testified that Mr Braddon was twice with him and that he told Mr Braddon that he was under great grief and that whatsoever he had to say in the matter he desired him to acquaint a Secretary of State with it * This very man Beech was the head Prosecutor of all Protestant Dissenters in the North of Wittshire and many of them paid him a yearly Tribute to avoid his rage When his present Majesty Landed he said that he hoped to see them hang'd that went in to him But a more famous Story of his Life was That his Father telling him that never Man was cursed in a Son as he was in him he replyed That he knew one who was more unhappy which was his Grandfather in him upon which occasion and for his constant course of disobedience his Father deservedly disinherited him Becch who occasioned Mr. Braddon to be seized in Wiltshire at the time when he went to make enquiry there about the Reports of the Earl's having murdered himself before he was dead testified the taking from Mr Braddon a Letter of Mr Speke's to Sr Robert Atkyns which was to this effect viz. That the bearer Mr Braddon was a very honest Gentleman and it was his fate to be the only Person that prosecuted the Murder of the Earl of Essex That he had made a considerable discovery already of it though he rowed against an hard stream That it could never have fallen on so fit a Man for he had been an hard Student and was of very good Reputation and Life and had a great deal of Prudence and as much Courage as any Man That Mr Braddon went away Post towards Marlborough to make some further discovery and seeing he went into those parts Mr Speke thought it not amiss for Mr. B. to advise with Sr R. Atkyns how he had best proceed That he had charged Mr B. not to discover who he was lest it should be known that he had been with Sr Robert Atkyns for he would not for the World that Sr Robert should come to any Prejudice for his kindness
towards them because they laboured under many Difficulties as the Tide then ran He therefore desired Sr Robert to call Mr B. by the Name of Johnson That they did hope to bring the Earl's Murder upon the Stage before they could any of those in the Tower to a Tryal That Sr H. Capel had told Mr B. that it was a thing too great for him That Mr B. had been at great trouble and charge about it and that as times went he knew few would have undertaken it besides himself Mr Lewis of Marlborough being called by Mr Braddon witnessed That upon the day of the Earl's Death riding within three or four Miles of Andover fifty two Miles from London between three and five in the Afternoon a man told him for news that he heard the Earl of Essex had cut his Throat and that at his going home to Marlborough the next day he told his Neighbours what he had heard the day before and that they thereupon said It was done but yesterday how could you hear it so soon Mr Feilder of Andover witnessed That upon the Wednesday and Thursday of the Week in which the Earl of Essex dyed it was the common talk of the Town of Andover †Note in like manner it was proved in the Tayal of the Lord Stafford that it was reported at a great distance that Sr Edmundbury Godfrey had murdered himself before it was known at London what was become of him that he had cut his Throat that the Women talked of it as they came in out of the Town and that on the Saturday night in that Week the certain news of it came Mrs Edwards the Boys Mother testified that the Boy came from the Tower and told her that he had seen the King c. and that the Earl of Essex had cut his Throat and then wept and further said That he saw a Razour thrown out at the Window and was going to take it up but a short fat Woman came and took it and went in again that he told her all this weeping and crying and never denyed it till after Mr Braddon had been there and then denyed it upon this occasion when Mr B. came his enquiry put them all into a great damp and after he was gone the Boy being then at School her Husband said to her Daughter Sarah Don't you say any thing to your Brother and when he comes in we will talk to him that her Daughter was grievously affrighted thereat and so amazed that so soon as the Boy came in She told him that there had been a Gentleman to enquire about what he had said and that he thereupon said to her Why Sister will any thing of harm come and upon her answering him That She did not know but it might be her Father and the Family might be ruined he then denyed what he had said but at the same time he came to his Mother and cryed he should be hanged this was also acknowledged by the Daughter Sarah Edwards the Boy 's Sister testified what the Boy had declared of seeing the Razour c. And that She told him upon Tuesday the 17th of July that a Gentleman had been there to enquire about it and that the Boy did thereupon ask her whether any harm would come of it and that upon her answering him that She could not tell he did deny what he had declared That Mr B. came again soon after upon the same day and found them all daunted upon their hearing the Boy deny it and Mr Brad. ask'd him about it bad him speak the Truth telling him * Indeed Jovian Hicks many others of our passively Obedient and Non-Resisting Gentlemen of the Cassock have handled many Texts of Scripture at a very unwarrantable rate to decoy Mankind to the foolish Exchange of their glorious title to Freedom for that of Slavery But we have here the first instance of a Man's preaching up the lawfulness of Perjury from the dreadful Judgment of Heaven upon Ananias Sapphira It was a dreadful thing to be a Lyar and bad him read the 5th of the Acts where he would find that two were struck dead for telling a Lye She further testified that Mr Braddon came the next day the Wednesday about noon and that then her Brother probably having read the 5th of Acts did again own that what he had declared ahout the Razour c. was true that Mr Braddon wrote down what he acknowledged and she further confessed that she told the Boy that his Father would be in danger of loseing his Place The matter pinching at this time the Chief Justice to perplex the Cause and divert from the Evidence fell to hectoring Mr Wallop Counsel for the Defendants a Person of great Integrity and Master of more Law than all the Judges then upon the Bench telling him in a most scurrilous manner that he was zealous for Faction and Sedition as every Man was deemed to be at that Conuncture who was so hardy as to stand up in any honest Cause in that Court and impetuous in the worst of Causes and that his Lordship could see nothing in all this Cause but villany and baseness which in truth to an high degree was most evident in the carriage of the Court and Prosecutors of this Cause and that Mr Wallop should not have liberty to broach his Seditious Tenets there Such the asserting the native Rights of English-men were in that day esteemed by the Bene placito Judges of that Court Mrs Burt then produced by Mr Braddon testified That She was present when Mr Braddon came to speak with the Boy and that he said to him if it be true that you have spoken own it for 't is a dreadful thing to be found in a Lye and that Mr Braddon advised him to read the 5th of Acts and that the Boy then said Sir it is true and what I said I will speak before any Justice of Peace in the World and he then told Mr Braddon the whole Story Jane Lodeman a Girl 13. years old called by Mr Braddon declared that she did not know young Edwards and testified that she saw an hand throw a bloody Razour out of the Earl of Essex's Window and presently after heard two Shriekes or two Groans and saw a Woman come out in a White-Hood but did not see her take up the Razour and she added that she presently told all this to her Aunt Here Mr Solicitor was pleased to sport himself with the Girl by way of Dialogue thus Solicitor Was the Razour bloody Girl Yes Solicitor Very bloody Girl Yes Solicitor Are you sure 't was a Razour or a Knife Girl I am sure 't was a Razour Solicitor Was it open or shut Girl It was open Solicitor What colour was the handle Girl Sir I cannot tell I see it but as it flew out Solitior Was it all over bloody Girl No. Solicitor All but a little speck Girl It was very bloody Then Jeffryes finding the
Girl to be more than a Match for her first Assailant falls in to his aid and first bellows out a terrifying Exclamation Blessed God! What an Age do We live in That the King 's Learned Council with all their Cunning cannot confound these innocent honest Infant Witnesses and then taking up the same Dialoguing Cudgel falls roundly upon the Girl thus Chief Justice Girl you say you did not know that 't was the Earl of Essex's Window Girl No but as they told me Chief Justice Nor you did not see any body take up the Razour Girl No. Chief Justice But are you sure you did not Girl I am sure I did not Chief Justice But Child recollect thy self sure thou didst see some body take it up Girl No I did not The Goliah thus miscarrying Mr Braddon proceeded in his Evidence and called the Girl 's Aunt Mrs Smyth who witnessed that the Girl coming from the Tower upon the 13th of July told her that she saw a Razour thrown out of a Window and that Mr Braddon hearing of it came as a Stranger to enquire about it and ever encouraged the Girl to speak the truth and bad her speak nothing but what was truth and that he never offered her or the Girl any thing Mr William Glasbrooke testified That upon the 13th of July he heard the Girl very loud with her Aunt saying the Earl of Essex has cut his Throat in the Tower and that her Aunt chiding her she said she was sure it was true for she saw a bloody Razour thrown out of the Window and that he the said Witness was present when Mr Braddon first discoursed the Girl having never seen him before and he heard her tell Mr Braddon that the Earl of Essex cut his Throat and that she saw a bloody Razour thrown out of the Window and that she heard two Groans or two Shriekes Then Mr Smyth being called by Mr Braddon testified that he went with Mr Braddon to the Girl and heard her tell him that she saw an hand toss a Razour out at the Earl of Essex's Lodgings and that she heard two Shriekes and saw a Woman come out with White head-Cloathes but did not see any one take up the Razour Mrs Meux was then produced by Mr Braddon to testifie that she went from London to Berk-shire the day before the Lord Russell's Tryal and that a Gentlewoman in the Coach with her then told her that one of the Lords in the Tower had cut his Throat At this the quondam City Mouth storm'd and huff'd at his wonted rate refusing to hear the Evidence and demanding why they brought not the Woman which told this to Mrs Meux and was answered that she was so big with Child that she could not come Mr Burgesse of Marlborough then testified that he being at Froome in Dorset-shire upon the day of the Earl of Essex's death he heard there a Report that his Lordship had murdered himself Then the King's Council produced the Coroner's well instructed Witnesses to prove that this Noble Peer was Felo de se who were Bomency his Lordship's Servant now in France and a professed Papist Hawley and Russell the Warder and Lloyd the Centinel Now because the Depositions of these Fellows will appear in their most true and best light in the Abstract of some of the proofs made about this most barbarous Assassination which with the leave of the candid and ingennons Abstracter thereof I purpose to subjoyn I shall not here enlarge upon them The Evidence on both sides being given in the last place comes Jeffryes to descant and remark upon it which he did in an harangue which makes six leafs in Folio half as many as the Acts of all the Parliaments in the Reign of Charles the Martyr do fill in our Statute Book He tells the Jury That there is scarce in nature a greater crime than this before them It carries all the Venome and Baseness the greatest Inveteracy against the Government that ever any Case did That the Earl of Essex rather than he would abide his Tryal he being conscious the great Guilt he had contracted made him destroy himself immediately after my Lord Russell one of the Conspirators was carried to Tryal and it cannot be thought but it was to prevent the methods of Justice in his own Case there was digitus dei in it and 't is enough to sati fie all the World of the Conspiracy 'T is beyond all peradventure true that my Lord of Essex did minder himself Then the Jury by their Verdict brought in Mr Braddon Guilty of the whole matter charged upon him in the Information and Mr Speke Guilty of all but conspiring to procure false Witnesses The Court adjudged Mr Braddon to pay 2000 l. Fine to find Sureties for good behaviour for Life and to be committed till performed Mr Speke to pay 1000 l. Fine to find Sureties for good behaviour for Life and to be committed till performed An Abstract of some material Proofs which have been made in Relation to the Death of the Earl of Essex First for disproof of the Earl's Self-Murder THE Right Honourable Arthur late Earl of Essex was Committed to the Tower upon Tuesday the 10th of July 1683 and there were two Warders placed over him viz Monday and Russell and one Servant viz. Paul Bomeney was permitted to attend upon him The very next Friday Morning about nine of the Clock his Lordship was found dead in his Closet with his Throat cut through both Jugular Arteries to the Neck-bone Now seeing our Law presumes every Man destroyed by violent Hands is murdered by others unless such Evidence appears as gives satisfaction in the contrary and proves him a Self-Murder This Lord had been found to be barbarously murdered had not Bomeney Monday and Russell appeared to prove the contrary and they endeavoured to prove it thus My Lord of Essex they say called for a Pen-Knife to pare his Nails which Pen-knife not being ready he required a Razour which was accordingly delivered him with which his Lordship having pared his Nails he retired into his Closet and looks himself in and there he cut his Throat and the Razour before delivered to pare his Nails lying by the Body But that this Relation is forged and that there was First No Razour delivered to my Lord to pare his Nails nor had his Lordship pared his Nails with any Secondly Neither the Body locked into the Closet Nor Thirdly The Razour lying locked in by the Body when my Lord was first known to be dead is evident from what follows which clearly detects this Forgery For the first of these that there was no Razour delivered to my Lord. This appears by the Contradictions of Bomeney Russel and Monday as to the time of the delivering this Razour for Bomeney first swears he delivered this Razour to my Lord to pare his Nails on Friday Morning at eight of the Clock within two hours positively swears in the deposition himself writ that he
delivered it on Thursday morning at eight of the Clock being the day before his death and this as to the Thursday he swears positively and circumstantially positively for he doth expresly name Thursday as the day on which the Razour was delivered and circumstantially for he doth swear the Razour was delivered the very next morning after my Lord came to Captain Hawley's and his Lordship went to Hawley's on Wednesday the 11th of July But Russell swears a point blank contradiction to Bomeney's Oath for Russell deposeth and now declares that on Friday morning in less then half an hour before they found my Lord dead in his Closet he stood as Warder at my Lord's Chamber-Door Monday that morning having first stood as Warder on my Lord and was then gone down to stand below Stairs and heard my Lord ask Bomeney for a Pen-Knife to pare his Nails which being not ready his Lordship required a Razour which he did immediately see Bomeney deliver his Lordship But Monday doth as directly give the Lye to Russell as Russell did to Bomeney for Monday the day my Lord died declared he saw my Lord have a Razour in his Hand paring his Nails with it at seven a Clock that morning my Lord died and this about two hours before Russell came up to stand as Warder at my Lord's Chamber-door Wherefore unless it can be reconciled how this Razour should be delivered a Thursday Morning at eight of the Clock according to Bomeneys Oath and yet not delivered till Friday Morning at nine of the Clock within half an hour of the time his Lordship was found dead and delivered whilst Russell stood Warder at the Chamber-door as Russell deposeth And notwithstanding this my Lord to have had the Razour and pared his Nails with it two hours before Russell came up Stairs to stand Warder at my Lord's Chamber as Monday declared the very day my Lord died I say unless these Contradictions can be reconciled it can't be thought that any Razour at all was delivered And then whereas all declared my Lord pared his Nails with the Razour by strict observation it appeared my Lord's Nails were not newly before his Death either pared or scraped 2dly That the Closet-door was not locked upon my Lord's body appears by the contradictions of these three as to the opening the Close-door Bomeney first swore he did open the Door when my Lord would not answer upon his knocking at the Door and there saw my Lord lying dead in his Blood and the Razour by him and he then called the Warders but immediately swears in contradiction to his first Oath that he peeped through a chink of the Door and saw Blood and part of the Razour and then without opening the Door ran and called Russell who thereupon first opened the Door and at Mr Braddon's Tryal swears he knew not who opened the Door Russell deposeth he did first open the Door and makes no difficulty in it Then comes Monday and gives the Lye to both For Monday the very day my Lord died declared what he hath since often confirmed that neither Bomeney nor Russell could stir the Door my Lord's Body lay so close and hard against it and he being stronger then either put his Shoulders against the Door and pressing with all his might broke it open Whosoever there is that can reconcile these Contradictions in these three mens Relations and make all appear credible Erit mihi magnus Appollo A further Argument that the Closet-Door was not locked upon the Body appears by my Lord's Legs lying upon the Threeshold of the Closet-door when the Body was pretended not to have been stirred from its first posture 3dly That there was no Razour lying locked in with the Body when the Body was first found appears by the bloody Razour's being thrown out of my Lord's Chamber-Window which is about seventeen Foot distant from the Closet-Door where the Body lay and no noise of my Lords death till after the Maid carried up the Razour which Maid thereupon first discovered my Lord's death And as yet other Argument of the Perjury of these perfidious Villains add the Mathematical impossibility of the Wound seeing not above two Inches of the Razour must be without my Lord's hand had he done it himself and yet the Wound above three Inches deep Moreover by many eminent Doctors and Chyrurgions the Wound is thought to be naturally impossible to have been done by my Lord himself because upon cutting the first Jugular Artery such an effusion of Blood and Spirit would have immediately thereupon followed that Nature would not have been strong enough for to cut through the other Jugular Artery to the Neck-Bone on the other side muchless to make so many and so large Notches in the Razour against the Neck-Bone as an old foolish or K Chyrurgion suggested to the Coroner's Jury VVherefore by what is before observed as to the many Contradictions it plainly appears that these three as it is said in the History of Susanna vers 6. are convicted of false Relations by their own mouths and those other Arguments before observed are further Detections of these three mens Perjuries It then remains as at first viz. That here is a Body found dead by violent Hands and the manner of the Death not discovered for it can't be according to these three mens Relations for the Reasons before observed The conclusion that the Law makes in such cases in this therefore holds good viz. that this honourable Lord was Murthered by the violent and cruel Hands of barbarous and bloody minded men Secondly For the proof of the Murder in this I shall first consider what is most material which passed before my Lords death Secondly The Day of his Death And then Thirdly and Lastly after the Day of his Death In the First Before my Lords death I shall consider 1st The previous Resolutions by Papists to cut my Lords Throat And then 2dly The many previous Reports before my Lords death That his Lordship had cut his own Throat in the Tower For the first of these D. S. declares that about nine days before the Death of the late Earl of Essex she heard several Papists consulting together concerning the said Earl And this Informant heard them say the Earl of Essex was to be taken off and that they had been with his Highness and his Highness was first for poysoning the Earl but that manner of Death being objected against it was then said one did propose to his Highness Stabbing the Earl but this way his Highness did not like at length his Highness concluded and ordered his Throat to be cut and his Highness had promised to be there when it was done Some few days after some of the aforesaid Persons declared it was resolved the Earl's Throat should be cut but they would give it out that he had done it himself and if any should deny it they would take them and punish them for it Secondly For the previous Reports before my Lords
death It s proved by eight several Witnesses that before my Lords death or before it could be known it was reported that the Earl of Essex had cut his Throat in the Tower amongst the rest it was at Frome which is about one Hundred Miles from London the Wednesday Morning and at the same time at Andover about sixty Miles from London though at neither of these places especially the former could it then be known the Earl was a Prisoner in the Tower his Lordship being not committed to the Tower till the Tuesday in the Afternoon All these Reports agreed in the manner how viz. cutting his Throat and the place where viz. the Tower and which is further at Andover the Wednesday Morning before my Lords death it was reported not only in the manner how and place where but likewise the pretended Reason wherefore was given for it was then and there said that the Earl of Essex being a Prisoner in the Tower and understanding that the King and Duke were come into the Tower his Lordship was afraid the King would have come up into his Chamber and seen him of which his Lordships guilt and shame would not bear the Thought and therefore he did cut his Throat to avoid it This being declared two days before my Lords death when it could not have been in the least fore-thought that the King and Duke would have come together into the Tower where they had not been above twice together since the Restoration I say this previous Report which so particularly cloathed this action with the how where and wherefore clearly proves That all things were so resolved upon to be done or otherwise it is impossible it should have been reported under these three essential Qualifications as to manner place and reason before it was indeed done especially at Andover where it could not then be supposed to be known that my Lord was so much as a Prisoner in the Tower this Reason the Papists themselves gave out just after my Lords Death Secondly What passed the day my Lord Dyed These then attending on my Lord viz. Russell and Monday the Warders Bomeney the Servant and Lloyd the Centinel at the door did all deny that day my Lord died that there were any Men let into my Lords Lodgings that morning before my Lords Death But now it appears that there were some Ruffians a little before my Lords death sent into his Lodgings to Murder him which they did accordingly R. Meake A Soldier in the Tower that morning my Lord of Essex was Murdered about one of the Clock that very day near Algate told B and his Wife That the Earl of Essex did not cut his own Throat but was barbarously Murdered by his Royal Highnesses Order For the said Meake declared That just before the Earl of Essex's Murder his Highness sent two Men to the Earls Lodgings to Murder him which after they had done they threw the Razour out of the Window Likewise a Soldier that morning in the Tower about a eleven a Clock that morning my Lord dyed in Baldwines-Gardens informed G. and H. that the Earl of Essex did not cut his own Throat but was barbarously Murdered by his Royal Highnesses town Order For the Soldier then declared that a little before the Earl's Murder his Royal Highness parted a little way from his Majesty and then two Men were sent into the Earl's Lodgings to Murder my Lord which when they had done they did again return to his Highness Mr E declares That he saw his Royal Highness just before the Earl's Death part a little from his Majesty and then beckned to two Gentlemen to come to him who came accordingly his Highness thereupon sent them towards the Earl of Essex's Lodgings and about a quarter of an hour after this Informant saw these very two Men return to his Highness and as they came they smiled and to the best of this Informants hearing and remembrance said the Business was done upon which his Highness seemed very well pleased and then went to his Majesty to whom the News was immediately brought that the Earl of Essex had cut his Throat Lloyd the Centinel at my Lords door the day my Lord died till the twenty first of January last did deny the letting in of any men and Russell and Monday still deny it but now Lloyd doth confess that just before my Lords Death two or three men by Major Hawley's special Order were let in and immediately he heard them as he did suppose they were go up Stairs into my Lord's Room where there was a very great bustle and stir so great that the Centinel declared he would have forced after them had not the first door been made fast upon the bussle he heard some-what thrown down like the fall of a man which he did suppose was my Lords Body soon after which it was cryed out my Lord of Essex hath cut his own Throat Here is not only these mens going in but a great bustle confessed immediately thereupon to ensue in my Lords Room and the Body of a man in this bustle to be thrown down this is in a close Prisoners Room where no one is admitted but his Servant and those that kept the door denyed upon Oath that any were in my Lords Chamber that morning my Lord dyed before his Death But these Warders being supposed privy to the Fact would not own the admitting of those men which themselves let in with such a Murtherous design and it is to be presumed that this Centinel was not a stranger to the matter but enjoyned to secrecy for otherwise he would never have declared to a Friend under a repeated request of secrecy that this Confession as before laid upon his Conscience and troubled him night and day for tho' it was indeed very true that he did let in these men it was what he should not have confessed This Consirmation to his acquaintance under a great and repeated injunction of secrecy argues first that this Confession was indeed true Secondly That there is some cursed Confederacy its probable by Oath entred into to stifle this Murther for what other probable reason can be assigned for that trouble of Conscience in this Confession seeing himself at the same time declared it was true tho' he should not have said it There are some other arguments that this Centinel was particeps Criminis in the Privity first his retraction in part of what he did confess for upon his being first apprehended he owned the throwing out of the Razour before my Lords Death was known but now he retracts and disowns it Another instance of his privity is his now prevaricating in his now pretending that these men were let in an hour or more before my Lords Death whereas at first he declared they were let in before my Lords Death for as soon as let in he heard several go up Stairs into my Lords Room and heard the bussle c. as before A third argument of this Centinels
privity is his not declaring the whole truth which he must know for one at a greater distance that saw these Ruffians as they were bustling with the my Lord and heard the bustle did likewise hear one of these in the bustle as it seemed to be and therefore presumed to be my Lord cry out very loud and very dolefully Murther Murther Murther The Centinel who could hear the trampling or indeed the very walking in my Lords Chamber could not but hear this Murther so loud and often repeated It appears by five Cuts in my Lords right hand viz. two upon his fore-finger one upon the fourth-finger another on the little-finger and the fifth about two Inches long in the palm of his right hand that his Lordship in this bustle made great resistance for these Cuts can be supposed to be done no otherwise then by endeavouring to put off the cruel Instrument of his Death The next thing that I should observe which happened the day my Lord dyed and gives us reason to believe the Murther is the Irregularity committed upon the Body before the Jury saw it the Body was strip'd and washed and the Room and Closet washed and my Lords Cloathes carried away tho' all Men know the Body should have remained in its first posture till the Coroners Jury had seen it Sr T. R. as himself saith declared to the Lords that the Body was not stirred from its first posture till the next morning about ten of the Clock To this Sr. Tho. has not sworn for he was not sworn before the Lords and 't is well he has not for herein he is so much mistaken that the contrary can be proved by almost twenty Witnesses had the Body remained in its first posture by my Lords Cravat being cut in three parts the Jury would have plainly seen that his Lordship could not so do it with a Razour And then Secondly they would have perceived the print of a bloody Foot upon my Lord as he lay in the Closet by which it appeared some one had been with the Body in the Closet and several other material circumstances might have been discovered which by the total illegal alteration of the Circumstances of the Body c. were destroyed About three of the Clock in the afternoon that day my Lord dyed some of those bloody men who had been at the Consult met at Holme's House and one of them leapt about the Room as overjoyed and as the Master of the House came into the Room he strikes him upon the back and cryed The Feate was done or We have done the Feate upon which the Master said Is the Earls Throat cut To which the other replyed Yes And further said He could not but Laugh to think how like a Fool the Earl of Essex looked when they came to cut his Throat To destroy the Testimony of this Dorothy Smyth Holms hath produced two Witnesses who by many Witnesses appear to be for-sworn in every part of their Depositions His defence being false his Charge therefore may be concluded true Thirdly and lastly What passed after the day of my Lords Death That very morning several Soldiers which were presumed able to discover what was material with relation to his Death were called together As Meakes then said and enjoyned to secrecy under very severe Penalties About ten of the Clock in the morning the next day the Jury met and were surprized to see all the Ciroumstances of my Lords body changed from what was first discovered After the Jury had seen the naked Body at Hawley's the Coroner adjourned them to a Victualling House in the Tower one of the Jury demanded a sight of the Cloaths but the Coroner was immediately called into the next Room from which returning to the Jury in some Heat he told them It was the Body and not the Cloathes they were to sit upon the Body was there and that was sufficient One of the Jury then said My Lord of Essex was esteemed a very sober sedate and good Man which Bomeney then confirmed saying His Lord was a very pious Man and therefore it was improbable so good a man should be guilty of the worst of Actions Vpon which Hawley told the Jury They were mis-informed in my Lords Character for every man that was well acquainted with my Lord well knew that it had ever been a fixed Principle in him that any man might cut his Throat or any otherwise dispose of his Life to avoid a disho nourable and infamous Death wherefore this Action which they thought unlike him was according to his avowed and fixed Principles This made the Jury the more easily believe that my Lord had indeed done it Some of the Jury were for adjourning their Inquisition to some further day and in the mean time to fend notice to the Earls Relations so that if any thing appeared on my Lords behalf it might be produced Hawley hereupon assured the Jury that they could not adjourn their enquiry for his Majesty had sent one for their Inquisition and would not rise from the Coun. till it was brought him This the Jury believing immediately made all haste possible whereas otherwise they might have been more strict and particular in their Examinations Hawley in answer to this totally denyes all and protests that he was not nigh the Jury in the Victualing-House all the time the Jury sat tho' most of the Jury can say the contrary And as for the suggesting Self-Murder to be my Lords Principle he did protest he did never hear it said till their Lordships in this Committee told him it had been so declared This clearly proves that the pretended Principle of Self-Murder was a forgery of that bloody Party which Murthered my Lord And Hawley pitched upon as the most proper person to corrupt the Jury with the belief of it The backwardness of the then Government to examine this matter and their unjust proceedings against the Prosecution for they discouraged and ruined him who did humbly offer the matter to a judicial consideration tho' no crime or colour of offence was proved against him is further evidence of this Murther The Government turned old Edward's out of his Place for what his Son said in this matter and hereby inverted the old Proverb For here the Sons eating sour Grapes had set the Fathers teeth an edge A poor Soldier was barbarously Whipt after he had been cruelly managed in Prison for only saying That he would not say that he believed the Earl of Essex cut his own Throat But a more barbarous Cruelty is justly suspected to have been committed in the after Murther of several viz. of Meake and Hawley c. to prevent a defection of this Murther Tho' the Government heretofore had received private Intimations and in Print publick Applications for a Pardon and thereupon a promise of a full Discovery and in both these the Duke of York particularly charged as the chief Contriver of this horrid Cruclty yet the then Government would never
permit such an Inquisition to be made but punished those that dispersed those publick Challenges Had his Highness been really Innocent none would have been more zealous for such a Proclamation of Pardon for Innocence desires a Tryal and its only Guilt that flies from Justice Another Argument of this Murther and likewise of Major Webster's Guilt therein is Webster's producing my Lords Pocket-handkerchief all bloody to some of his Neighbours rejoycing at the blood of a Traytor and the very next day to some of the same Person he produced part of the price of Blood viz. a Purse of Gold wherein there were Forty nine Guineas and a Pistol which he shewed in great Ostentation but all this was but a small part of that villanous Reward for sometime after my Lords Death when his Wife was upbraided with her Husbands Poverty she replyed her Husband long since was not so Poor for he had Five hundred Guineas at which the other being stariled answered most certainly he could not come by them honestly to which it was said that he got them by his Trade but to that it was replyed that his Trade could hardly get Bread therefore there must be some other way It s very probable that Websters Wife speaking of his Trade might intend Murther in which it is supposed he has been more then once concerned tho' the other mis-understood her That she was not a stranger to his Guilt appears by her often telling him upon her hard Vsage that he was a Fool as well as a Rogue to use her so ill he knowing it to be in her power to Hang both him and another in the Tower A like Instance there happened upon a Quarrel between Holmes and his VVife soon after my Lords Death she thereupon told him he was a Murthering Rogue and he well knew that she could at any time hang him for it to which Holmes answered with his usual scurrolous Language you Bitch you Whore you of all the World have no reason to speak for do not you remember I bought you a good Satin Gown and Petticoat whereupon the wife replyed you are a Murthering Rogue for all that REMARKS Upon the Proceedings in the Case of Edward Fitz-Harris Esq in the Court of Kings-Bench in the Year 1681. IT may not be forgotten that the Popish Plot in 1678 was to have been ushered into the World by a Presbyterian or Fanatick Conspiracy to that end in July 1678 when the Papists had resolved to dispatch King Charles to make way for King James the Second Mr Claypoole because Son-in-Law to Cromwell was clap'd into the Tower upon the Accusation of Sing a Papist upon a pretence that he was to seize the King in his way to * That Newmarket or the way to it was the place designed for dispatching the King long before Keeling made it so in the year 1683 is very evident for by the Journal of the House of Lords upon the 12th of November 1678 it appears that Conyers Confessor to the Lord Bellasis had at this very time in 1678 undertaken to kill the King in his morning Walks at Newmarket Were the Newmarket Fire throughly even at this day examined it might be found that that Town was as certainly burnt by the Papists to countenance Keeling's Plot which immediately succeeded as t is certain that they Burnt London and that the great Earl of Essex's Throat was cut in order to the Murther of the good Lord Russell Newmarket And it doth as well deserve Remembrance that the Conspirators having been disappointed and vexed with the unlucky discovery of their Plot Resolved to make one Fanatick Plot or other to thrust theirs off the Stage and to turn the Popish into a Protestant Plot Thereupon the danger of Forty one and of Fanaticism was most industriously discoursed and preached And which was more a great Prelate declared that tho' it was true That there was a Popish Plot there was also a greater design carrying on by the Forty one Party Matters being thus prepared cost what it will we must have another Plot that the belief of that of the Papists may be blasted and the management thereof is now committed to Madam Wall Chamber-Maid to the Dutchess of Portsmouth always a Creature of the D. of York's and now the same Lady Ogelthorp who was lately seized at Chester going for Ireland this Woman of Intrigue introduces and recommends to K. C. the second Mr Edward Fitz-Harris an Irish Papist and he was directed to make a Counter-Plot in which we find Rome and Hell united with our Conspirators for the destruction of Protestants and Fitz. H. is encouraged to it with great Rewards and greater Promises In order to the framing and fitting this new intended Plot against the meeting of the Parliament at Oxford upon the 21st of March 1680. Fitz. Harris renews an old acquaintance which he had with Mr Everard who pretended himself a Confident of the Earl of Shaftesbury 's and en tertained his old Friend Fitz-H with complaints of that Noble Lord and his Party hereby was Fitz-H encouraged to tamper with Everard to joyn with him in framing a most Trayterous Libel against the Government There were great as well as little Villains in this design and Fitz. H. was daily instructed at White-hall and directed to adapt their Libel to the humour and make it speak the Language of the highest Male-Contents that thereby their Plot might gain belief and appear plausible to the World accordingly they set about it Fiz H. furnishing Materials and Everard drawing it into form The Conspirators were Cock-sure of catching the Earl of Shaftesbury and the discontented party as they termed all the avowed Enemies of Popery and true Friends to the English Liberties in this share it being resolved to disperse this hellish Paper amongst them and then to seize it upon them After several meetings about this Intrigue between Everard and Fitz-Harris they appointed to compleat their work at Everard's Lodgings about the last of February 1680 against that time Everard planted Sr William Waller and Smyth known by the Name of Narrative Smyth within hearing They then perfecting their Libel and each of them taking a Copy of it Fitz-Harris runs with great joy with it to Nell Wall to White-hall but the King being unluckily at Windsor he fatally missed the opportunity of being before-hand with Everard and was seized in his Bed by Sr William Waller and carried to Secretary Jenkins and being the next day brought before the Council the Witnesses were examined and he was committed to Newgate for high Treason Notwithstanding a great Man said that Fitz-Harris was his Friend and that Waller was a Rogue and had spoiled all Fitz-Harris being fast and reflecting no doubt upon Colman's fate began to relent and offers to make full discovery of the Villany and of those who omployed him in it Thereupon Sr Robert Clayton and Sr George Treby as Justices of London took his Examination This gave great offence at
that the Act passing to disable Roman Catholicks he and others of them were forced to quit their Commands that the common opinion amongst them was for the setling the Roman Catholick Religion in Engd. but that the measures being broken by means of the Peace with Holland and the Duke of York's and other Catholick Officers quitting all Commands and the King failing in his expectations from them the Roman Catholicks came to a Resolutitn to Destroy the King as Father Parry Confessor to the Portuguieze Ambassodor told the Examinant in 1673 who put this Confidence in him being his Confessor and that the same Father repeated the same discourse to him with more assurance in 1678. adding then that the Business then was now near and he should soon see it done That about April 1679. the Duke of Modena's Envoy having sworn him to Secrecy told him That if he would undertake the Killing the King he should have 10000 l. which he refusing the Envoy said The Dutchess of Mazarine understands Poysoning as well as her Sister and a little Viol when the King comes there will do it and that upon the King's Death the Army in Flanders and Parts adjacent to France was to come into England to destroy the Protestant Party and that after that there should be no Parliaments and that the Duke of York was privy to all these designs That about April 1680. Kelly the Priest whom he had known above 12. Years and had some times Confessed him owned to him at Calis that he was concerned in the Murder of Sr Edmund-Bury Godfrey and that the same was done as Prance had related it That the Examinant had been six or seven Years acquainted Monsieur de Puy Servant to the Duke of York and that he told him soon after the Murder of Sr Edmund-Bury Godfrey That that Murder was consulted at Windsor and about that time said that the Duke was very desirous to come to the Crown the King being incertain and not keeping touch with them and that De Puy said there was a necessity of taking off the King and that it would be soon done That the Duke of York possessing part of the Examinant's Fathers Estate in Ireland the Examinant being acquainted with Father Bedingfeild asked him how he could give Absolution to the Duke till he had made Restitution to which the Father said that every Penitent was supposed to know his own Sins and to declare them to his Confessor to which the Examinant replying with warmth But since you know it you ought to take notice thereof the Father answered be not angry for e're it be long you may be in a better condition That in March 1680. he met Father Patrick at Paris and talking of a Rupture that might be between England and France the Father said that the French intended in such Case to send Marshall Bellfonds into Ireland with 10000 Foot and 2000 Horse and Arms and Ammunition for 30000 Men to be raised there and the Father promised the Examinant a Regiment of the Men to be so Raised and the design was to restore that Kingdom to its former Owners in Subjection to France That Father Patrick desired him to send him all the Libels that came out in London and said that Libelling the King was a thing necessary in order to distaste and make him jealous of his People that the Examinant knew Mr Everard at Paris in 1665 and hath since encreased his acquaintance with him and that the Opinion of Father Patrick about Libelling the King incouraged the Examinant to concur with Everard as to the Libel lately Written by Everard It was most evident from the demeanour of Fitz-Harris from the first to the last after his apprehension that he was ready to say deny affirm or do any thing to save his Life Mrs Fitz-Harris his Widow upon the 15th of August 1681. deposed that her Husband a little before his Execution told her what great offers were made him at first to have charged the Libel upon the Earl of Shaftesbury and my Lord Howard and that he advised her to do it as the only means to save his Life tho' he protested at the same time they were wholly innocent and that she was assured that she should have what Money she pleased if she would accuse those Lords of the Libel Nay Fitz-H himself the very Night before his Execution wrote a Paper which he ordered to be delivered to his Wife in order to prevent the spilling innocent Blood informing her by whom he was advised to accuse those Lords and others of the Libels and of having put him upon the discovery of the Popish Plot and that he had the promise of a Pardon to prevail upon him to do it but finding that he was deluded he declared as before God that they were innocent and that what he had deposed against the Papists was true and that he had been only too sparing in accusing great People among them It is observable that for about fourteen dayes between the time of the Condemnation and Execution of Fitz-Harris the poor wretch was wholly under the management of Dr Hawkins of the Tower in which time the Doctor having held several Consults with some at Windsor there was modelled a Paper stuff'd with abominable Malice and Falshood to serve the wicked Designs of that day which the Doctor after his Death emitted to the World under the Title of the Confession of Fitz-Harris and therein he is made to declare abundance of extravagant Falshoods in particular That the Treason of the Libel came from the Lord Howard But his Conscience could not but witness that he had at several times complained to Sheriff Bethel and Sheriff Cornish that he had been pressed to accuse the Lord Howard and also the Earl of Shaftesbury of the Libel Then the Sham Confession proceeds to a Protestant Plot viz. that the Lord Howard told him of a design to seize upon the King to carry him into the City and there detain him till he had yielded to their desires and that himself and Haynes were privy to the design and had several Meetings with the Lord Howard A strange Tale of a Protestant Plot between two Irish Papists and a Protestant English Lord. In the next place this Mock-Confession is to perswade the World that the Protestant Magistrates of London did endeavour to suborn him to make a Confession that might confirm a Popish Plot. It declares That in Newgate the Sheriffs Bethel and Connish came to him with a Token from the Lord Howard and told him nothing would save his Life but discovering the Popish Plot and greatly encouraged him to declare that he believed so much of the Plot as amounted to the introducing the Roman Catholicks or to criminate the Queen his Royal Highness or to make so much as a plansible Story to confirm the Plot. Besides That as it hath been heretofore observed and is most undoubtedly true that Neither of the Sheriffs ever spake privately with Fitz-H until
he had been thrice examined by the Secretaries of State and sworn to the substance of his Examination taken by Sr Robert Clayton and Sr George Treby So this idle Tale in it self could never deserve the least credit in that it made the Sheriffs so foolish and vain as to think a Declaration from such a Wretch as Fitz-H of his belief of the Popish Plot to have been of great value and that it was worth a high Reward for him to have invented a plausible story to confirm the Plot after the belief thereof had been confirmed by many Proclamations by the Votes of four Parliaments and the Condemnation and Execution of several of the Plotters Further Dr Hawkins his Paper brings in Fitz-H charging it upon the Sheriffs that they extorted from him false Confessions about the Popish Plot and it makes him to speak thus I finding my self in Newgate fettered Monyless and Friendless and I could see no other refuge for my Life but complying with them the Sheriffs so to save my Life I did comply But as soon as the Doctor had published this Sham the falshood thereof was detected and the World rightly informed in the matter that Fitz-H was never fettered or put in Irons but was treated with all imaginable civility for which he thanked the Sheriffs even with his dying Breath The Doctor 's impudent Libel then fell upon Sr Robert Clayton and Sr George Treby and insinuates that they would have induced Fitz-Harris to say more than was true and says that what he deposed before them about Father Patrick was forced out of him and was not true F. H. himself well knew that Sr Robert Clayton and Sr George Treby came to take his Confession upon his earnest importunity and that after he had been thrice examined by the Secretaries and Attorney General and he had sworn before them all the matters in substance contained in the Examination by Sr R. C. and Sr G. T. except that one passage about de Puy and when that Examination was read to the House of Commons at Oxford Secretary Jenkins acknowledged that he had confessed the same to the Lord Conway the Attorney General and himself except that about de Puy yet the Contriver of the Sham Retractation took no care to retract or excuse his Swearing the same matters before the Secretaries and Mr Attorney because Reason of State did at that day require that not They but the City Magistrates must be exposed Then the impudence of Hell is assumed to bring in Sr George Treby inviting Fitz-H to accuse the Earl of Danby and the Popish Lords in the Tower by speaking thus do but you say it We have have those that will swear it Had they been provided with false Witnesses and had they had such an accursed design There was no need of Fitz-H his saying any thing Neither the false Suggestions nor the Perjuries could have gained any weight or credit from the Authority of Fitz-H by his saying what they were to Swear To conclude there are Persons who can unriddle this whole Mystery pull off the Disguises and Vizors wherewith this affair is even to this day obscured and therefore I have made this Recapitulation of the fore-going particulars to incite those who are better able to oblige the World with a more full knowledge of the vile Practices with this poor deluded timerous Wretch and then it may be evident that the Doctor gave him expectation if not assurance of Life to the very last Moment that he drew breath Remarks upon the Tryal of Mrs Elizabeth Gaunt at the Old-Bayly London upon the 19th day of October 1685. WEre my Pen qualified to represent the due Character of this Excellent Woman it would be readily granted that she stood most deservedly entitled to an eternal Monument of honour in the hearts of all sincere Lovers of the Reformed Religion All true Christians tho' in some things differing in perswasion with her found in her a universal Charity and sincore Friendship as is well known to many here and also to a Multitude of the Scotch Nation Ministers and others who for Conscience sake were thrust into Exile by Prelatick Rage These found her a most refreshing Refuge She dedicated her self with unwearied industry to provide for their supply and support and therein I do incline to think she out-stripped every individual Person if not the whole Body of Protestants in this great City Hereby she became exposed to the implacable fury of the bloody Papists and those blind Tools who co-operated to promote their accursed designs and so there appeared little difficulty to procure a Jury as there were well prepared Judges to make her a Sacrifice as a Traytor to Holy Church Upon Monday the 19th day of October 1685 Mrs Gaunt was arraigned upon an Indictment to this effect viz. That she intending to disturb the Peace and Tranquility of the Kingdom and to stir up Rebellion against the King and to subvert his Government and depose and put him to death for bringing her Traytorous purposes to pass she well knowing James Burton to be a Traytor did secretly and Trayterously entertain and conceal him and did give him Meat Drink and 5 l. in Money for his Maintenance and Sustenance She having pleaded Not guilty the following Jury was sworn Tho. Rawlinson Tho. Langham Ambrose Isted Tho. Pendleton John Grice Tho. Oneby William Cloudesley Richard Holford William Longboate Steven Colman Robert Clavel and William Long. Then Mr Attorney General said The Prisoner is indicted for harbouring Burton a great Traytor and procuring a way for his escape beyond Sea and giving him 5 l. to bear his Charges She and her Husband were the great Brokers for carrying over such Traytors as my Lord Shaftesbury and others He then called James Burton and demanded an account of him whether he were engaged in the matter of the Rye-House and how Mrs Gaunt harboured him Burton testified that Keeling brought him and Barber and Thompson into the company of Rumbold It looks as tho Keeling had been employed at White-hall to make as well as to discover this Plot for of the very small number accused of it We have him here drawing in three at once That upon Keeling's discovery he was put into the Proclamation for being at that Meeting and absconded about two Moneths and then Mrs Gaunt came to enquire of his Wife for him who brought her to him and she told him that there were some Persons about to make an escape and she would have him go along with them and sent him with Rumbold to Rochford-Hundred in Essex to take Ship but not liking the Vessel and the Weather being bad they returned to London That many Moneths afterwards Mrs Gaunt came and gave him 5 l. and sent him in a Boat to Gravesend from whence he went in a Vessel to Amsterdam Mary Gilbert Burton's Daughter was sworn and said that she met Mrs Gaunt with her Father in Houndsditch and they went to a
trayterously assemble consult and agree with the Lord Brandon and other Traytors to raise Money and procure Armed Men to make a Rebellion and to seize the City and Castle of Chester with the Magazines and that upon the 27th of May he took a Journey from London to Mere to accomplish his Treasonable intentions and that upon the 4th of June he incited divers to joyn with him in his Treason To this Indictment his Lordship pleaded Not Guilty Jeffryes then addressed himself to the Lords to this effect Note my Lord Delamere was at that time in the House of Commons and a great Promoter of the Bill of Exclusion That their Lordships could not but remember the insolent Attempts made upon the unalterable Succession to the Crown under the spetious pretence of Religion by the fierce froward and Fanatical Zeal of some of the Commons which had been often found the occasion of Rebellion That that not prevailing the Chief Contrivers of that horrid Villany consulted how to gain the advantage by open force and in order thereto had several Treasonable Meetings made bold and riotous * The Duke of Monmouth's progress into Cheshire the West Progresses in several parts of the Kingdom to debauch the minds of the well-meaning tho' unwary part of the King's Subjects That God frustrated their evil purposes by bringing to Light that cursed Conspiracy against the Life of the late King and his present Majesty That one would have thought these hellish and damnable Plots could not have survived the just Condemnation and Execution of some of the †Innuendo Lord Russel Col. Sidney c. Chief Contrivers of them especially considering that no sooner the present King was seated in his Throne but he endeavoured to convince the world that he had quite forgot those impudent and abominable Indignities that had been put upon him only for being the best of Subjects and best of Brothers and also gave the most benign Assurances imaginable that he would approve himself the best of Kings And to evince the reality of his gracious Resolutions he called a Parliament and there repeated and solemnly confirmed his former Royal Declarations of having a particular care of maintaining our Established Laws and Religion And yet at that Juncture that wicked and unnatural Rebellion broke out and thereupon the Arch-Traytor Monmouth was by a Bill brought in the lower House and passed by the general consent in both Houses and I could wish my Lords for the sake of that Noble Lord at the Bar that I could say it had passed with the consent of every particular * The Lords are here told that my Lord Delamere opposed the Bill to attaint the D. of Monmouth Member of each House justly attainted of High Treason After this harangue he concluded thus My Lords what share my Lord at the Bar had in those other matters I must acquaint you To what end then was this malitious Tale told is not within the compass of this Indictment for which you are to try him for that is a Treason alledged to have been committed in the present King's Reign Then Sr Tho. Jenner the Recorder of London opened the Indictment The Attorney General then aggravated the Charge saying We crave leave to give a short Account of a former * The Plot in 1683. design Cheshire the Province of this Noble Lord was one of the Stages where that Rebellion was principally to be acted and preparatory to it great Riotous Assemblies and Tumultuous Gatherings of the People were set on foot by the Conspirators We shall prove that a little before the Rebels came over this last Summer the Duke of Monmouth dispatched one Jones into England to let his Friends know that tho' he had intended to go into Scotland and begin there he was resolved for England with this he was to acquaint some Lords particularly the Prisoner And also to acquaint them that they should have notice four or five days before of the place of his Landing and that then the Lords should repaire immediately into Cheshire there to wait for the News We shall give you an account that the late Duke of Monmouth lookt upon Cheshire as one of his main supports and upon my Lord Delamere as a principal Assistant there Jones was to communicate his Message to Captain Mathews who was to transmit it to this Lord and those concerned with him Jones arrived upon the 27th of May but Mathews nor Major Wildman to whom he was to apply in the absence of Mathews was not to be found Thereupon he sends for one Disney since executed for Treason and one Brand whom your Lordships will hear of and communicates his Message to them and they undertake to deliver it to the Persons concerned That very night My Lord this same Brand Disney met this Noble Lord and give him an account of the Message and as soon as ever he received it upon the 27th of May at ten at Night my Lord dispatches out of Town with only one Servant and two other Friends that he had pick'd up With all these Badges of Plot and Design does my Lord Delamere set out the same night Jones came to Town he chose to go all the By-Roads and went with great speed to repair into Cheshire by the name of Brown by which he was known among all his own Party by that name several of the late Duke of Monmouth's Trayterous Declarations were sent for to be sent to him or by him into Cheshire When he comes into Cheshire he actually sets about the work to put that County in a forwardness This means the impudent but ridiculous story of Saxon which could never obtain upon any but the Credulous Prosecutors of this Noble Lord who were disposed to believe any thing to assist in the Rebellion endeavours to stir up the People to joyn with him and acquaints one that he employed in that Affair that he was engaged to raise so many Thousand Men and so much Money to be ready by such a day My Lords We shall plainly shew you all this in plain proof Then Mr Attorney called their old Drudge at swearing my Lord H. of E. and demanded of him his oft repeated History of a design of an Insurrection that was to have been in the late King's time and what share Cheshire was to have in it The Lord H. told his thrid-bare history of the Plot in 1682 and 1683 but not a word of Cheshire and said that he knew nothing concerning my Lord Delamere The Lord Grey was then called and said That about the time of the contested Election of Sheriffs The Duke of Monmouth and Earl of Shaftesbury resolved that they would make what interest they could to procure a Rising in three several parts of the Kingdom at once one in Cheshire whether the Duke of Monmouth was to betake himself and there to be advised by my Lord Macclesfield my Lord Brandon my Lord Delamere that then was
and the Prisoner what Gentlemen to apply to for joyning in the Design The second was in London which was assigned to be the Province of my Lord Shaftesbury and the third in the West under the care of my Lord Russell and that the Duke accordingly went his Progress into Cheshire That soon after Mr Crag came over to Holland as I was informed from Major Wildman and gave an account that Men and Money were prepared thereupon the Duke sent over Captain Mathews to Major Wildman to desire him to meet with my Lord Macclesfield Lord Brandon Lord Delamere and I think Mr Charleton and acquaint them that he had ordered his own Affairs to joyn with the Earl of Argyle He likwise sent Crag with a Message to the same purpose to other Friends in London and he dispatched away one Battiscom into the West to prepare things there When Crag returned to the Duke he gave him an account that Major Wildman had procured a Meeting with those Lords and Gentlemen who were all of opinion that the Duke should go for Scotland That Crag said the Prisoner was there There was also a particular Message from Major Wildman to the Duke that he desired he would bring over with him a Broad Seal to seal Commissions with And would take upon him the Title of King Jones came some time after Crag returned and gave an account of other things conformable to what Crag had said and was sent again to England by the Duke to give an account that he was ready to Sail and would land by that time he could get thither The Attorney General demanded of the Lord Grey upon whose assistance the Duke of Monmouth relied He answered I suppose few will believe we were so weary of our Lives 〈◊〉 to come and throw them away with threescore or a few more Men except we had expectation of good Asâ—istance The Duke did very much depend upon Cheshire and upon my Lord Macclesfield my Lord Brandon and my Lord Delamere Mr Nathaniel Wade being sworn â—estified that after the death of King Charles Captain Mathews came to Amâ—terdam and brought word that the Duke of Monmouth would shortly come â—hither to consult with my Lord Argyle and thereupon Mr Wade was sent into Freezland to desire the Earl of Argyle to â—ome to Amsterdam which he did That the Duke and his Lordship haâ—ing concerted matters the Duke sent Captain Mathews to England who amongst other things was to go to the Duke's Friends in Cheshire amongst whom my Lord Delamere was named â—nd the business was to desire them to â—ssist him when he should land That a little after Captain Mathews went Crag came over from Major Wildman to desire them to endeavour a good understanding between the Duke and Argyle who were then at some difference That a little after he was sent back to Major Wildman to desire him to assist them with some Money and he went and returned but brought no Money that thereupon Crag was sent again by the Duke because he did not send him at first the summ demanded was 6000 l. or 4000 l. and at last he sent for 1000 l. That Crag returned with answer that they could not assist them with Money for that they did not know to what end they should have Money but to buy Arms and for that the People were well provided already Whereupon the Duke sent Crag and pawned all his Jewels and fitted out three Ships laden with Ammunition and resolved to go for England having so promised the Earl of Argyle and desired by Mr Crag that since the Lords and Gentlemen who were to assist him had sent no Money they should repair into their own Countries to be ready when he should come That after the Duke Landed he so ordered his march as most conveniently to meet his Cheshire Friends and in pursuance of it They came to Keinsham-Bridge where a Party of the King's Horse set upon them and the Duke's Party took some Prisoners but went not over the Bridge thinking it advisable not to let the King's Army joyn but to go back and engage those that were come together That before Crag's going last away Jones came over to know why VVe stay'd so long and he was dispatched to acquaint them the Duke was coming and was directed to Major Wildman and amongst the rest to my Lord Delamere my Lord Macclesfield and my Lord Brandon to raise what Forces they could to assist him My Lord Delamere then declared that he had never seen Mr Wade's face Then Richard Goodenough witnessed That Mr Jones was sent to my Lord Delamere to give him notice to be ready against the Duke's Landing and to take care to secure himself that he might not be seized in Town That they were informed in Holland that my Lord Delamere was one of the Lords that had promised to draw his Sword in the Duke's behalf and that the Duke told him that he hoped my Lord Delamere would not break his promise with him The High Steward said My Lord Delamere will you ask him any Questions My Lord Delamere answer'd No my Lord I never saw his face before The High Steward replyed That is pretty strange so famous an Under-Sheriff of London and Middlesex as he was Mr. Jones being next sworn testified That he went to Holland where he had business about the latter end of April last That Mr Disney had darkly communicated to him that there were intentions of doing something and desiring to know more of the Design the night before he went he acquainted Disney with his intended Journey and that he intended to see the Duke of Monmouth and if he had any Message to him he would deliver it safely That Mr Disney told him all the Message he should deliver was To desire the Duke to keep to the last conclusion which he would find in a Letter that had been sent to him by the Crop-hair'd Merchant which Message was That the Duke's Friends would not by any means have him come for England but to continue where he was or if he thought fit to go for Scotland they approved it That when Jones came to the Duke and delivered the Message he was in a great Passion and reflected very much on Major Wildman and said 't was too late to send such a Message now for he was resolved to come for England and would make Wildman Hang with him or Fight for it with him That Wildman did think by tying his own Purse to tye his Hands but he should find it should not be so That the Duke told him Money was very short and he had pawned all he had to raise what Money was raised That he would be glad Jones should return to England as soon as he could and that he should tell Wildman that he would come for England and he should either Fight with him or Hang with him and that was all he had to say to him That going again to the Duke the same evening he told him he
Allegiance to the King and his Heirs but also by their several Meetings and Cabals sinee which administer greater suspition from the store of Arms many of them were provided with And for that the same Persons unanimously assembled with Schismaticks and disaffected Persons in the publick reception of James Duke of Monmouth who has appeared a prime Confederate in the late treasonable Conspiracy the concourse of armed Persons then attending him especially in and near several populous Towns in this County where the invited and instigated Rabble in a broad mixture of various Sectaries with superfluous joy and popular noise tumulted on that occasion has had an evil influence upon this yet unsettled Country and brought a terror upon his Majesties good and peaceable Subjects for remedy whereof with relation to the publick Peace and to prevent as far as in us lies the spreading of such contagion as also to wash our Hands from all misprision by concealing proceedings that may encourage greater Evils in other parts of his Majesties Dominions We conceive it expedient that the Principal Persons who promoted the aforesaid Seditious Address and also those who were notorious in consorting aiding and abetting in the Routous reception and entertainment of the said Duke of Monmouth and his Associates in this County together with the frequenters of Conventicles and those that harbour and countenance any Nonconformist Minister or Preacher should be obliged to give security of the Peace And particularly Charles Earl of Macclesfield Richard Lord Colchester Charles Lord Brandon Henry Booth Esq Sr Robert Cotton Knight and Baronet Sr Willougby Aston Baronet Sr Thomas Mainwaring Baronet Sr Thomas Bellat Baronet Sr John Crew Knight Nathaniel Booth Esq Colonel Thomas Leigh junior John Mainwaring of Baddeley Esq Peter Leigh of Boothes Esq Colonel Roger Whitley of Peele And Mr Thomas Whittley his Son Roger Mainwaring of Kiruuntham Esq Tillston Bruen of Stapleford Esq Sr Robert Duckenfield Baronet Thomas Lea of Dernal Esq Mr Robert Hide of Cattenhall Edward Glegge of Grange Esq Richard Leigh of Highleigh Esq Mr Roger Whittley Mr Robert Venables of Winthcombe William Minshall of Namptwith Esq John Hurlston of Newton Esq And Charles his Son And William Whitmore of Thutstaston Esq We present also that all persons not frequenting the Church according to Law are Recusants it being impossible to know the hearts of men for what cause they refuse to come to Church And that all connivance and indulgence in that case is the ready Road to Rebellion Popery and Arbitrary Power And further We desire humbly to present to his most sacred Majesty our repeated Congratulations of Joy for his and his Royal Brother's happy deliverance from the late Treasonable Conspiracy with our assurances that We will with our Lives and Fortunes stand in defence of his sacred Person and Government his Heirs and Lawful Successors To all which we subscribe our Names The Grand Jury T. Grosvenor W. Cotten Edw. Legh Peter Shakerley Tho Warburton Anthony Eyre Hen. Dayies Jo. Dod John Daniel T. Minshall J. Starkey Hen. Meales Rob. Alpart Ran. Dod Edw. Bromley J. Hockenhull Francis Leche Tho. Baruston John Davis Heads of some Informations and Examinations taken upon Oath before a Committee of the House of Lords appointed to inspect Who were the Advisers and Prosecutors of the Murders of the Lord Russell Colonel Sidney Sr Thomas Armstrong Mr Cornish others And who were Advisers of issuing Quo Warranto's against Corporations who were Assertors of the dispensing Power whereof a Report was made by the Right honourable the Earl of Stamford upon the 20th day of December 1689. Also Copies of some other material Papers relating to the Murders and Oppressions perpetrated upon pretence of a Conspiracy against King Charles the second and the Duke of York in the year 1683. MR John Phelps Mr Thomas Morris Mr Peter Hagar Mr Robert Bates Mr Richard Haly Mr Horneby and Mr Crispe Grang all Persons of good value and unspotted Reputation being examined upon Oath in relation to Josin Keeling deposed in substance as follows viz. That Keeling three or four days or a week before his Discovery of the Presbyterian Plot came into their Company at the Fleece Tavern in Cornhill where he appearing to be much disturbed and confused one of their Company enquired of him why he seemed to be so disordered to which he answered that he lay under a great Temptation for he was sent to The Popish Lords were then in the Tower by the Lords in the Tower and some Gentlemen that came to him from them told him his own Party had disobliged him He had as a loose Fellow been cast out by the Congregation to which he belonged and he had now an opportunity to be revenged of them That he could not be insensible of some Persons that designed against the Government and that if he would discover Subornation was at that day carried on by the tender term of discovering he might make himself and his Family That he had great proffers of Money and a Place of 100 l. per annum and might go in a Coach and six Horses to Windsor And that he was to meet those who treated with him again that Night at the Bull-head Tavern near the Tower That upon Keeling's talking at this rate one of the Company askt him why he troubled them with this discourse and told him if he knew any thing against the Government he ought to discover it but if he knew nothing he would do well to keep out of such Temptations and not go to the meeting appointed but he said he would go because he had promised them in the morning that he would meet them again but declared that he knew nothing said that he acquainted them with it because if he should be prevailed upon by Temptation of Money to witness any thing they should be able to witness against him that he had declared that he knew nothing in agitation against the Government and that they should testifie that he was the greatest Rogue and Villain living if he should swear against any Man Mr Phelps in particular deposed That he attended to have testified this at my Lord Russell's Tryal bat was not askt to come in at any of the other Tryals and durst not appear unless desired That he remembers not whether or not he knew of Walcot's Tryal before it was over but that he knew not that Keeling was a Witness against him till after the Tryal was over Mr Morris deposed That he knew not that Keeling was a Discoverer of a Plot till after Walcot's Tryal but believes he acquainted Sr VVilliam Poultney what he heard Keeling say before the Lord Ruse sell's Tryal and also told it to Mr Stevens whereupon he was subpaenaed to that Tryal and went but the Tryal was not till three or four days after the time he was directed to attend That a second Subpaena came the night before the Tryal but he being from home did not