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
found the 12th of July and Mr Glover proved a Copy of the King's Proclamation against Sr Thomas dated the 28th of June 1683. Then Ezekiel Everis was sworn and testified that in August 1683 he was at Cleve in Germany with the Lord Grey who went by the name of Thomas Holt and Sr Tho. A. came thither by the Name of Mr Henry Laurence and shew'd him a Bill of Exchange from England upon Mr Israel Hayes in Amsterdam for 160 l. odd Money and that it was for 150 Guineas paid in England and he told him it was drawn by Joseph Hayes and it was signed Joseph Hayes and the Bill was accepted and he saw Israel Hayes his Letter to Sr Thomas by the Name of Laurence which mentioned the sending the said sum to Cleve The Common Serjeant Crispe then delivered a parcel of Letters into the Court and swore that he received them of the Lord Godolphin and they had been ever since in his hands The Lord Godolphin then testified that he received three Letters produced in Court from Mr Constable Mr Chudley's Secretary who told him they were taken about Sr Thomas that one of them without any Name mentioned 150 Guineas returned to Henry Laurence Constable testified that he was present when the Scout of Leyden apprehended Sr Tho. A. and that the Letters were taken out of his Pocket and he himself delivered them to Mr Chudley who sealed them up and sent them by him to the Lord Godolphin Charles Davis testified that taking Boat from Amsterdam to Rotterdam he met Israel Hayes and Sr Tho. A. coming to take Boat and Sr Thomas went with him in the Boat and he told him his Name was Henry Laurence Davis added that he lodged a Month in one Briscowe's House at Amsherdam where there was a Club every Thursday There were Mr Israel Hayes Mr Henry Ireton one Wilmore Emerton Dare and some other English Merchants and he heard them several times abuse the King at the Table The Attorney General then shewed Mr Hayes a Letter saying It may be he will save us the labour of proving it but Mr Hayes disowning it Mr Walpoole was called and Mr Hayes said he was my Servant and went away after a rate that possibly would not be allowed Walpoole testified that he served Mr Hayes almost four Years and three quarters and did believe the Letter to be Mr Hayes his hand Mr Hayes said My Lord in matters of Treason I hope you will not admit of comparison of hands and belief for Evidence The Chief Justice answered Yes no doubt of it Mr Hayes replyed It has not been so in other Cases that have not been Capital as particularly in the Lady Carr's Case The Chief Justice said that is a mistake you take it from Algernon Sidney but without all doubt it is good Evidence Judge Wythens said Comparison of Hands was allowed for good Evidence in Colman's Case Mr Hayes answered That with submission vastly differs Those Letters were found in his own Custody This was not found in my possession but in another Man's and in another Nation Sr John Trevor Counsel for the King said This Gentleman was a Trader with the East-India-Company and made Contracts with them which are entred in their Books We will compare them with the Writing in this Letter The Common Serjeant then called Harman and Brittle and demanded of them where the Books were and they produced them Harman testified that he knew Mr Hayes and that he made several Contracts in 1683 and that he saw him in September 1683 subscribe his Hand to a Book of the Companies shewn to him Brittle testified that he is Porter in the Street to the East-India-Company and that he saw Mr Hayes write his Hand to a Book shown to him Capt. Piercehouse produced a Note Query if not the same Peircehouse in the Pannel of the Jury which he said was Mr H. his and that he supposed it to be his hand and compared it with the hand in the Book and said that he delivered the Goods upon it and Walpoole then said he believed it to be Mr Hayes his hand Then Mr Sturdivant was called and they shew'd him the Letter and he said Here is Joseph Hayes writ but I do not know it to be his Hand The Common Serjeant warmly said that Mr Sturdivant swore he did know Mr H. his hand before the Grand Jury but Mr Sturdivant affirmed the Common Serjeant was under a mistake Then Sr John Trevor called for Mr Hardresse but the * The Common Serjeant as hath been elsewhere observed upon the discovery of Keeling's Plot in 1683 boasted what work that Plot would make when it came into the City We now have him pulling it into the City by Head and Shoulders and find him in this Case appearing and exerting himself in a three or four sold capacity viz. the Manager if not Contriver of this prosecution and a Counsel Solicitor and Witness against the worthy Citizen now designed to destruction Common Sejeant answered That he was out of Town before he could be served with a Subpena Then the Letter was read it was subscribed Joseph Hayes and dated the 31st of August 1683. directed to Mr Henry Laurence senior at Amsterdam and began thus Sir at your desire I have sent you a Bill c. The Letter and the East-India-Books were then shewn to the Jury and to the Prisoner Mr Hayes denyed the Letter to be his Writing and said 'T is very strange I should not know my own hand May not Counsel be admitted to plead Whether comparison of hands and belief are any evidence in Criminal Causer I have been informed it hath been denyed to be evidence The Ch. Justice told him he was under a mistake some body has put it into your Head and pussed you up with a vain Story there is no such thing 'T is a Fiction a meer Whim only said by Mr Sidney and no ground in the World for it Mr Hayes replyed Was it not so in the Case of my Lady Carr there is a Record of that I suppose The Chief Justice affirmed it was not so and said Don't talk of it * It was in Trinity Term 1669. Anno 21 Car. 2. there was no such thing at all Comparison of hands was allowed for good proof in Sidney's Case We must not alter the Law for any Body Mr attorney General said Besides this comparison of hands We shall give an account of the Correspondence of the Prisoner's Brother and that he received the Money of him and then said Mr Common Serjeant Where had you this Papery The Common Serjeant to show his care and zeal in this matter said Pray have a care of the Papers and then gave evidence that he had them from my Zord Godolphin and said This is an Account of the Receipt and Disbursement of the Money Shew it Mr Constable Constable said This is one of the Papers was taken out of Sr T. A's Pocket It being shewn
made a particular submission to his Royal Highness for his misbehaviour towards him His Majesty and his Royal Highness received so much satisfaction that upon his Royal Highnesse's desire and entreaty His Majesty was pleased to Pardon the said Duke and thereupon did order Mr Attorney General to stop further proceedings against him but ordered he should proceed notwithstanding against all the rest of the Conspirators Copy of the Paper mentioned in the preceding Informations was wrote by King Charles the seconds's own hand who imposed upon the Duke of Monmouth to transcribe and sign it I have heard of some reports of me as if I should have lessened the late Plot and gone about to discredit the evidence given against those who have dyed by Justice your Majesty and the Duke know how ingeniously I have owned the late Conspiracy and tho' I was not conscious of any design against your Majestys Life yet I lament the having had so great a share in the other part of the said Conspiracy Sr I have taken the Liberty to put this in writing for my own vindication and I beseech you to look forward and endeavour to forget the faults you have forgiven me I will take care never to commit any more against you or come within the danger of being again misled from my duty but make it the business of my Life to deserve the Pardon your Majesty hath granted to your dutiful Moumouth Copy of a Paper delivered to the Lord Keeper North the Lord Chief Justice Jeffryes and the Attorney General by the Lady Armstrong on behalf of her Husband Sr Thomas Armstrong I am informed that by the Common Law of England any Man that was outlawed in Felony or Treason might bring a Writ of Error to reverse the Outlawry which was to be granted ex debito Justitiae tho' it may be the sueing forth such a Writ of Error to the King might be by way of Petition As in a Petition or Monstrans de droit for Lands And so it was resolved in Ninian Melvin's Case Co. 4. Just 215. Next by the Common Law if any Man were in England at the time of the Exigent awarded and went out of the Realm after that and before the Outlawry pronounced he could never assign that for Error that he was beyond Sea at the time of pronouncing the Outlawry And the reason is because he was here at the awarding of the Exigent and might reasonably have notice of it On the other side if any Man were out of England during the whole Process and pronuntiation of the Outlawry it was never yet a doubt but that was Error and might be assigned for Error either by the party or by his Heir at the Common Law and so continues to this Day and was not long since adjudged in O. Kerney's Case the Jrish man But that Case differed greatly from this O. Kerney being a Friend of Holy Church who came in two Years after the Outlawry Then comes the Statute of 5. 6. Edw. 6. Cap. 11. and enlarges the Law for the benefit of the outlawed person and gives him liberty to assign for Error that he was beyond Sea at the time of the Outlawry pronounced which he could not do by the Common Law if he went away after the Exigent For if he went before the Exigent that was Error by the Common Law before the Statute and so continues Then comes the Proviso and saith That he must come in within a Year and render himself to be entituled to the benefit of that Act which was to assign for Error that he was beyond Sea at the time of the Outlawry ponounced So that upon this State of the Law and my Husbands case he being beyond Sea at the time of the Process and at the time of the Outlawry pronounced It is conceived he is well entitled to assign this for Error at the Common Law without any aid of the Statute tho' the Proviso in that â—tatuâ—e should be ruled against him which with submission it is the opinion of many learned Persons in the Law that he is within the intent and meaning of that Proviso for many Reasons too long to trouble your Lordship with now Therefore I do hope that this Case of my Husband 's being the first Case that ever any Man was executed upon an Outlawry that did not desire it may have that weight with your Lordship which it deserves Holloway a little before being in the same condition refused a Tryal and so was executed upon the Outlawry And do hope that your Lordship will so advise the King in matter of Law whose Counsel you are that my Husband may have a Writ of Error granted him and Counsel assigned him to argue these points as by Law hath been allowed to Criminals in Capital Cases with whatever else shall appear upon the Record of Outlawry produced which as yet my Husband nor any for him ever saw Colonel Sidney's Plea drawn by Mr Serjeant Rotherham PRedict Algernon Sidney dicit quod per Statut in Parliamento inchoat tent apud Westm octavo die Maij Anno regni domini Regis nunc decimo tertio ibi continuat usque tricesimum diem Julij tunc prox sequen ab eodem tricesimo die Julij Adjornatum usque vicesimum diem Novembris tunc prox sequen Intitulatum An Act for Safety and Preservation of his Majesty's Person and Government against Treasonable and Seditions Practices and Attempts inter alia Ordinat inactitat fuit per Autoritatem Parliamenti predicti quod null Persona sive Personae virtute Actus predicti incurreret aliquas penalita tes in Actu predicto mentionat Nisi Ipse vel Ipsi prosecut esset vel essent infra sex Menses prox offens commiss indictat esset superinde infra tres Menses post talem prosecutionem aliquo in Statuto predict content in contrarium non obstante Et predictus Algernon ulterius dicit quod ipse proseeut fuit commissus Prisonoe Turris de London pro Offens in Indictamento predict mentionat vicesimo sexto die Junij ultimo preterito non anta ibidem continuat Prisonar huousque Et quod ipse predict Algernon non fuit indictat pro aliquo vel aliquibus Offens in Indictimento predict mentionat in fra tres Menses prox post prosecutionem predict Et hoc predict Algernon parat est verificare unde petit judicium si ipse predict Algernon quoad aliquod Crimen sive Offens in Indictamento predict mentionat quod Crimen vel Offens non fuit Alta Proditio ante confectionem Statuti predict respondere debeat et quoad omnes Proditiones Crimina Offens in Indictimento predict mentionata quae non fuere vel fuit alta proditio ante confectionem Statuti predict idem Algernon dicit quod per Statutum in Parliamento tento apud Westm in Com Middlesex in Festo sancti Hillarij Anno regni Domini Edwardi nuper Regis Angliae tertij
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
Whitehall insomuch that he who had the Power of Life and Death positively declared that he should dye and to prevent his further discovery which he had promised to make he is instantly removed and kept most closely in the Tower where he was most rigorously handled to make him retract his Confession The Conspirators being thus defeated of this hopeful Fanatick Plot calculated for the entertainment of the Oxford Parliament and well knowing that Fitz-H and his Wife could make it out who set them to work and that he was paid 250 l. at White-hall for this Service They came to a resolution that the Parliament must not pry into this mistery of Iniquity however The Parliament being met the House of Commons fell upon it and on Friday the 25th of March 1681. Upon the reading Sr Robert Clayton's and Sr George Treby's Examination of Fitz-Harris Sr John Hotham moved that it might be printed to show the World the devilish Conspiracies of the Papists which motion was seconded by Sr William Jones who said that People had been prevailed upon to believe the Plot not true and that that Examination confirmed the Informations of Otes and Bedloe Sr Francis Winnington added that the Treasonable Paper of Fitz-Harris was to have been sent to many Gentlemen and they to have been seized thereupon as Traytors in a Conspiracy against the King That all was at stake therefore let not our Courage lessen Let us go to the bottom of this business of Fitz-Harris I move he may be impeached of High-Treason and it may be he will relent and tell you all Sr Robert Clayton then said That when F. Harris his Examination was taken at Newgate he told him that he thought he had not dealt ingenuously unless he would tell what Council he had for drawing the Paper and that he had him be ingenuous in the whole matter and he would come and take his further Examination and that F. Harris having promised this he was removed out of their reach into the Tower Wherepon an Impeachment was ordered Sr L. Jenkins commanded to carry it to the Lords and Col. Birch said That we ought all to give God thanks for this discovery of Fitz-Harris next to the first discovery of the Plot. Upon Saturday the 26th of March 1681 the House of Commons being informed that the House of Lords had refused to proceed upon the Impeachment Sr Thomas Lee said That he saw by the Lords refusing the Impeachment no further use of Parliaments That they would be a Court or not a Court to serve a present purpose Then Sr William Jones spoke to this effect Indictments were brought against the Lords in the Tower and yet that was no impediment to their Impeachment in the Lords House but here is no Indictment or Prosecution brought against Fitz-Harris We have an instance fresh in memory Scroggs a Commoner and not indicted at Common-Law yet the Lords without scruple accepted his Impeachment We find the Lords have determined a great point The Lords Spiritual as well as Temporal have voted the refusal of the Impeachment of Fitz-Harris which we own not in this Judicature nor I hope never shall and We are denyed Justice by the Lords Spiritual who have no right to Vote This is a double act of Injustice Let us then Vote That the Commons have a Right to impeach in capital Cases and that the Lords have denyed us Justice in refusing the Impeachment in a Parliamentary way At a Conferrence show how unwarrantable the Lords Actions have been and if the dissolution of the Parl. follows it s the fault of those Men who will not hear our Reasons Sr Francis Winnington backt this Motion and said This Impeachment is not an ordinary Accusation but it relates to our Religion and Property and how the Bishops come to stifle this let God and the World judge If the Lords will vote that the Commons shall not impeach him They may as well vote they shall not be Prosecutors This is a new Plot against the Protestants of which F. Harris is accused and We must not Impeach him In this the Lords say we must not hear it I desire you would come to some Vote you are willing to discover the Plot if you could If our time be short as I believe it is pray come to some Resolution to assert your Right A little while ago when the Duke was presented for a Papist the Grand-Jury was dismissed by the Chief Justice This seems as if the Lords would justifie the Judges Proceedings by their own If no Man doubts our Right pray vote it Sr Robert Howard then spoke to this effect This of Fitz-Harris seems to me to be a more dangerous breath then usual a breath fit to be stifled There is something in this more then ordinary If there be so sacred a respect to common Tryals in Inferiour Courts 't is strange that the House of Commons should be below a Common-Jury It seems the Lords value Fitz-Harris to keep him from us If Dangerfield would speak what he knew nothing of Mercy was too big for him but they hurry Fitz-Harris away to the Tower when he began to confess in Newgate Are you so lost that you have no Mercy left for the Protestant Religion We hear that the French Ambassador had a hand in this Plot which a Jury will not enquire into I must confess that by the carriage of this I have enlarged my suspition for I cannot but suspect unusual ways Something depends upon this Man Sure We must not lay down all Prosecution of the Plot and say that the Protestant Religion shall have no Mercy Fitz-Harris may merit Mercy by Confession and if his breath be stoped by the Lords I am sorry that People will say If it were not for the Lds. F. H. might have discovered all the Conspiracy and the Protestant Religion might have been saved Mr Serjeant Maynard then added We all know what Arts and Crafts have been used to hide the Plot it began with Murder Perjury and Subornation This of Fitz-Harris is a second part of it The Lords deny to receive our Impeachment In effect they make this no Parliament if We are the Prosecutors and they will not hear our Accusation T is strange when their own lives as well as ours are concerned in the Plot When all is at stake We must not prosecute If this be so Holland and Flanders must submit to the French and they run over all This is a strange breach of Priviledge and tends to the danger of the Kings Person and destruction of the Protestant Religion Sr Thomas Player then said This of Fitz-Harris is a considerable confirmation of the former Plot I call it the Old Plot but t is still new upon us when he inclined to discover what he knew he was fetched to White-Hall and sent to the Tower and so We were deprived of all further hopes of discovery and now they stop his Mouth I move therefore That you will declare
advantage thereat and would not hear me when I had called to mind that which I am sure would have invalidated their Evidence and tho' he granted some things of the same nature to another yet he granted it not to me my Blood will be also found at the Door of the Vnrighteous Jury who found me Guilty upon the single Oath of an Outlawed man for there was none but his Oath about the Money who is no legal Witness tho' he be pardoned his outlawry not being recalled and also the Law requires two Witnesses in point of Life and then about my going with him to the place mentioned it was by his own Words before he could be Outlawed for it was two Months after his absconding and tho' in a Proclamation yet not high Treason as I have heard so that I am clearly murdered by you and also bloody Mr Atterbury who so insatiately hunted after my Life and tho' it is no profit to him yet through the ill-will he bore me left no Stone unturned as I have ground to believe until he brought me to this and shewed favour to Burton who ought to have dyed for his own Fault and not to have bought his Life with mine And lastly Richardson who is cruel and severe to all under my Circumstances and did at that time without all Mercy or Pity hasten my Sentence and held up my Hand that it might be pronounced all which together with the great one of all * * King James the second by whose Power all these and multitudes of more Cruelties are done I do heartily and freely forgive as done against me But as it s done in an implacable mind against the Lord Christ his Righteous Cause and Followers I leave it to him who is the Avenger of all such Wrongs and hath said I have raised up one from the North and he shall come upon Princes as upon Morter and as the Potter treadeth Clay Isa 41.25 He shall cut off the Spirit of Princes and be terrible to the Kings of the Earth Psal 76.12 And know this also that though you are seemingly fixed and because of the Power in your Hands and a weighing out your Violence and dealing with despightful Hand because of the old and new hatred by impoverishing and by every way distressing those you have got under you yet unless you secure Jesus Christ and his holy Augels you shall never do your business nor your Hands accomplish your Enterprizes for he will come upon you er'e you are aware and therefore O that you will be wise instructed and learn is the desire of her that finds no Mercy from you Elizabeth Gaunt Postscript SVch as it is you have it from her who hath done as she could O is sorry she can do not better hopes you will pitty and cover weakness shortnese and any thing that is wanting and begs that none may be weakned or humbled at the lowness of my Spirit for God's design is to humble and â—baseus that he aloâ—â— may be exalted in this day and I hope he will appear in the needful time and it may be reserved the best Wine tall last as he hath done for some before me none goâ—â—â— to Warfare at his own charge and the Spirit bloweth not only where but when it listeth and it becomes me who have so often grieved quenched and resisted it to wait for and upon the motions of the Spirit and not to murmur but I may mourn because through want of it I honour not my God nor his blessed Cause which I have so long loved and delighted to love and repent of nothing about it but that I served him and it no better Remarks upon the Tryal of Mr Joseph Hayes at the King 's Beath upon an Indictment of high Treason for corresponding with Sr Thomas Armstrong MR Hayes was brought by Habeas Corpus upon the 3d of November 1684 from the Gatâ—â—house and was arraigned upon an Indictment to this effect viz. That he being a false Traytor against the King c the 31st of August in the 31th Year of the King knowing Sr Thomas Armstrong to have constired the death of the King and to have sted for the same did traytorously relieve comfort and maintain him and for his Relief and Maintenance did pay the sum of 150 l. against the duty of his Allegiance c. To this he pleaded Not Guilty Upon the 21st of November 1684 He was brought to Tryal before the Lord Chief Justice Jeffryes Judge Holloway Judge Wythens and Judge Walcot and the Jury being called he prudently challenged the following Persons which if he had not done it is more than probable that he had dyed as poor Colledge did at Oxford Sr Thomas Griffith Richard Ellis Thomas Langham Henry Whistler Nicholas Smyth Thomas Soper Tho. Passenger Henry Minchard Peter Jones William Crowch Peter Devet Henry Lodes William Pownes Charles Gregory William Peele Richard Weedon Thomas Pory Tho. Peircehouse Richard Burden John George John Steventon Robert Watkins George Twine Thomas Short Robert Townshend James Bush Walter Mastors Thomas Larkham Edward Cooke William Fashion John Flowerdew John Greens John Grice Charles Fowler and James Smyth In all 35. The Jury sworn were Samuel Sheppard Daniel Allen Rowland Platt Adam Bellamy Daniel Templeman William Dewart Edward Pigget Tho. Brailesford Edward Cheeke Edw. Vnderwood Robert Masters William Warren It is likely that he would have challenged one if not more of the last four but that he had challenged the number of 35. before these four were called and the Law allowed him not to challenge more Then the Indictment being read Mr Dolben as Counsel for the King opened it to the Jury Mr Attorney General then enforced the Charge thus After Sr Tho. Armstrong had fled the Prisoner relieved and aided him with Money and that after he was Indicted and sued to the Exigent besides a Proclamation followed upon his flight which was a sufficient notice to all the King's Subjects Sr Thomas went by the Name of Henry Laurence beyond Sea by that Name the Prisoner held a Correspondence with him and sent him a Letter dated the 21st of August and tells him he had sent him a Bill of Exchange for 165 l. drawn upon his Brother Israel Hayes who was acquainted with Sr Thomas If it were not for these receiving and nourishing of Traytors they would not lurk at Amsterdam as they do The Letter was taken about Sr Thomas and we shall prove it is the Prisoner's Hand-writing and that Sr Thomas received the Money I hope you will take care But like good Men they took all the care they could to stop the Fountain of Blood that to the scandal of the Nation had too long issued from the Old-Bayly by Convicting this Gentleman to stop the Fountain that issues so much supply to these Traytors that lurk abroad Mr Hayes then affirmed that he never knew Sr Thomas in his life Then the Indictment against Sr Thomas was read which was
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
and the Tryals in that day by Common Juries had this petty difference of the end of July and August happen'd in an ordinary case as the like did in the Case of Otes his Perjury what bawling would have been upon it and had this Excellent person been upon his Tryal before my Lord Russel's Jury or Colonel Sid ney's three Carpenters with the Taylor and their Crew it might have been improved by this Mushroom Lord Jeffryes and the King's Counsel to his Destruction August The other Man says it was the latter end of July My Lord Delamere thereupon said The other Witness saith it was the latter end of July and that may be very well consistent neither of them speaking to a day Mrs Sidney Lane who lived in Sr Cotton's House testified That Sr Robert came to Town in April last and never lay out of Town all those Months of April May and June after he came to Town Charles Reeves Sr Robert's Foot-man testified That Sr Robert was in Town before the Coronation the 23d of April and he saw him every day that time till after July Then Mr Ashburnham Sr William Twisden and Mr Heveningham witnessed that they saw Sr Robert Cotten in Town in June Mr Heveningham in particular that upon the 3d of June he was walking with Robert in the Court of Requests when Mr Neale came and told him the House of Commons had then determined a point about the Election of Thetford Sr Willoughby Aston then proved that upon the 26th of May Mr Offley and his Lady came to his House and he gave a particular account how he spent his time there till the 4th of June when he returned home to his own House which is directly another way from my Lord Delamere's whose House is eleven of those Northern Miles from Sr Willoughby's Mr Gregory and Tho. Kid Servants to Mr Offley witnessed that Mr Offley went from Sr Willoughby Aston's upon the 4th of June directly home to his own House Crew-Hall in Cheshire and did not go from thence that night Mr Booth my Lord Delamer's Brother proved that he saw my Lord in Town the 3d of June in the evening and also the 4th 5th 6th and so on to the 10th of June sometimes twice or thrice a day Mr George Booth another of my Lord's Brothers testified that he saw my Lord in Town the 4th of June by the partioular circumstance that he went with him the next day to the House of Lords to hear my Lord Macclessield's Cause upon Fitton 's Appeale My Lord Lovlace proved that he saw my Lord D. in the House of Lords at the hearing of my Lord Macclesfield's Cause the 5th of June and that my Lord D. stood by the Bar and took notes My Lord D. then said I hope I have now satisfied your Grace and the rest of my Lords that none of us three whom this Fellow has mentioned were at that time at Mere when hé said we were I affirm in the presence of Almighty God that I have not seen Sr Robert Cotton at my House these many years and I believe Mr Offley was never there since I was Master of it and I do protest that to my knowledge I never saw the Face of this Man till now I am sure I never spoke with him nor sent for him to my House If his Story be considered it will easily appear to be very improbable for he neither tells who the Messenger was that was sent for him nor the way that he came into the House and he must needs discern which way he came in for I have but one Door into my House except that by the Stables which is a great way off the House Besides my Lords Is it probable that he should see no Body stiring about the House except the Man without a Hand that he sayes was sent for him I assure your Lordship I have not nor had my Father ever that I know of any Servant or Tenant that was maimed in the manner he speaks of Is it to be imagined that I would take a Man I knew nothing of into so great a confidence as to employ him about a business of this nature I beseech your Lordships to look at him Is this Fellow a likely Fellow to be used in such an affair Does he look as if he were fit to be employed for the raising 10000 Men your Lordship 's likewise see that he is so well thought of that he dare not be trusted out of Newgate but is kept still a Prisoner and as such gives evidence here He Swears to save himself and would fain exchange his Life for mine My Lords The King's Council lay a great weight upon my going down the 27th of May and my frequent riding Post I shall satisfie your Lordships of the Reasons of my Journies the first time I went to take Possession of a Lease of six or seven Thousand pounds value which was renewed to me by the Bishop and I had word that the Bishop was ill and that obliged me to make hast down All this being fully proved by Mr Edmond's and Mr Henry my Lord Delamere proceeded saying I had resolved to go see a sick Child but hod not taken my journey so soon as the 27th of May nor with such privacy but that I had notice there was a Warrant to apprehend me and I was willing to keep out of custody as long as I could Being at my House in Cheshire my Wife sent me an Express that as to the Warrant She hoped it was a mistake but my Eldest Son was very ill and if I intended to see him alive I must make haste up This was the occasion of my quick return Mrs Kelsey then witnessed that my Lord came to his House in Cheshire the 31st of May being Sunday and that his Child was ill and my Lord told her that he heard there was a Warrant to take him up That he stayed Monday the 1st of June and went away on Tuesday morning My Lady Delamere my Lord's Mother testified the Child's being ill in the Country and that while my Lord was there his Lady sent for him Post if he intended to see his eldest Son alive Mr Kelsey proved That my Lor d D. came down upon the Sunday night at eleven of the Clock and stay'd at home all Munday and on Tuesday at three in the Morning he took Horse for London and that Mr Kelsey had Letters from my Lady Delamere and Mrs Vere Booth dated the 4th of June that told him my Lord was come to Town the night before Sr Thomas Millington the Physitian witnessed that upon the 28th of May he was sent for to my Lord Delamere's Son and found him very ill and he continued so two dayes and he told my Lady Delamere that he thought the Child would not escape That he knows punctually this was the time by the Apothecaries Bills which he wrote and finds the date on them My Lord Delamere then said My Lord I hope
Allegiance to the King and his Heirs but also by their several Meetings and Cabals sinee which administer greater suspition from the store of Arms many of them were provided with And for that the same Persons unanimously assembled with Schismaticks and disaffected Persons in the publick reception of James Duke of Monmouth who has appeared a prime Confederate in the late treasonable Conspiracy the concourse of armed Persons then attending him especially in and near several populous Towns in this County where the invited and instigated Rabble in a broad mixture of various Sectaries with superfluous joy and popular noise tumulted on that occasion has had an evil influence upon this yet unsettled Country and brought a terror upon his Majesties good and peaceable Subjects for remedy whereof with relation to the publick Peace and to prevent as far as in us lies the spreading of such contagion as also to wash our Hands from all misprision by concealing proceedings that may encourage greater Evils in other parts of his Majesties Dominions We conceive it expedient that the Principal Persons who promoted the aforesaid Seditious Address and also those who were notorious in consorting aiding and abetting in the Routous reception and entertainment of the said Duke of Monmouth and his Associates in this County together with the frequenters of Conventicles and those that harbour and countenance any Nonconformist Minister or Preacher should be obliged to give security of the Peace And particularly Charles Earl of Macclesfield Richard Lord Colchester Charles Lord Brandon Henry Booth Esq Sr Robert Cotton Knight and Baronet Sr Willougby Aston Baronet Sr Thomas Mainwaring Baronet Sr Thomas Bellat Baronet Sr John Crew Knight Nathaniel Booth Esq Colonel Thomas Leigh junior John Mainwaring of Baddeley Esq Peter Leigh of Boothes Esq Colonel Roger Whitley of Peele And Mr Thomas Whittley his Son Roger Mainwaring of Kiruuntham Esq Tillston Bruen of Stapleford Esq Sr Robert Duckenfield Baronet Thomas Lea of Dernal Esq Mr Robert Hide of Cattenhall Edward Glegge of Grange Esq Richard Leigh of Highleigh Esq Mr Roger Whittley Mr Robert Venables of Winthcombe William Minshall of Namptwith Esq John Hurlston of Newton Esq And Charles his Son And William Whitmore of Thutstaston Esq We present also that all persons not frequenting the Church according to Law are Recusants it being impossible to know the hearts of men for what cause they refuse to come to Church And that all connivance and indulgence in that case is the ready Road to Rebellion Popery and Arbitrary Power And further We desire humbly to present to his most sacred Majesty our repeated Congratulations of Joy for his and his Royal Brother's happy deliverance from the late Treasonable Conspiracy with our assurances that We will with our Lives and Fortunes stand in defence of his sacred Person and Government his Heirs and Lawful Successors To all which we subscribe our Names The Grand Jury T. Grosvenor W. Cotten Edw. Legh Peter Shakerley Tho Warburton Anthony Eyre Hen. Dayies Jo. Dod John Daniel T. Minshall J. Starkey Hen. Meales Rob. Alpart Ran. Dod Edw. Bromley J. Hockenhull Francis Leche Tho. Baruston John Davis Heads of some Informations and Examinations taken upon Oath before a Committee of the House of Lords appointed to inspect Who were the Advisers and Prosecutors of the Murders of the Lord Russell Colonel Sidney Sr Thomas Armstrong Mr Cornish others And who were Advisers of issuing Quo Warranto's against Corporations who were Assertors of the dispensing Power whereof a Report was made by the Right honourable the Earl of Stamford upon the 20th day of December 1689. Also Copies of some other material Papers relating to the Murders and Oppressions perpetrated upon pretence of a Conspiracy against King Charles the second and the Duke of York in the year 1683. MR John Phelps Mr Thomas Morris Mr Peter Hagar Mr Robert Bates Mr Richard Haly Mr Horneby and Mr Crispe Grang all Persons of good value and unspotted Reputation being examined upon Oath in relation to Josin Keeling deposed in substance as follows viz. That Keeling three or four days or a week before his Discovery of the Presbyterian Plot came into their Company at the Fleece Tavern in Cornhill where he appearing to be much disturbed and confused one of their Company enquired of him why he seemed to be so disordered to which he answered that he lay under a great Temptation for he was sent to The Popish Lords were then in the Tower by the Lords in the Tower and some Gentlemen that came to him from them told him his own Party had disobliged him He had as a loose Fellow been cast out by the Congregation to which he belonged and he had now an opportunity to be revenged of them That he could not be insensible of some Persons that designed against the Government and that if he would discover Subornation was at that day carried on by the tender term of discovering he might make himself and his Family That he had great proffers of Money and a Place of 100 l. per annum and might go in a Coach and six Horses to Windsor And that he was to meet those who treated with him again that Night at the Bull-head Tavern near the Tower That upon Keeling's talking at this rate one of the Company askt him why he troubled them with this discourse and told him if he knew any thing against the Government he ought to discover it but if he knew nothing he would do well to keep out of such Temptations and not go to the meeting appointed but he said he would go because he had promised them in the morning that he would meet them again but declared that he knew nothing said that he acquainted them with it because if he should be prevailed upon by Temptation of Money to witness any thing they should be able to witness against him that he had declared that he knew nothing in agitation against the Government and that they should testifie that he was the greatest Rogue and Villain living if he should swear against any Man Mr Phelps in particular deposed That he attended to have testified this at my Lord Russell's Tryal bat was not askt to come in at any of the other Tryals and durst not appear unless desired That he remembers not whether or not he knew of Walcot's Tryal before it was over but that he knew not that Keeling was a Witness against him till after the Tryal was over Mr Morris deposed That he knew not that Keeling was a Discoverer of a Plot till after Walcot's Tryal but believes he acquainted Sr VVilliam Poultney what he heard Keeling say before the Lord Ruse sell's Tryal and also told it to Mr Stevens whereupon he was subpaenaed to that Tryal and went but the Tryal was not till three or four days after the time he was directed to attend That a second Subpaena came the night before the Tryal but he being from home did not
Pique against him but against the Cause he was engaged in His Wife did go several times to the Lord H. and by her he believes he sent him thanks He knows no solid effects of his kindness if there were he desires the Lord H. to tell him in what He believes no part of the 6000 l was given to the Lord H. He never heard any thing of the D. of Monmouth's Confession of the Plot till after the Paper was signed by the Duke and sent to him He has heard it as common talk that the Duke had confessed a Plot and that Mr Waller told him so indefinitely he could not tell whether he meant before the signing the Paper or no He saith what the Duke did at that time was all of a piece whether speaking or writing he is sure that it was with the utmost reluctancy that the Duke signed the Paper He remembers no more in the Cabinet Council but the Lord Radnor besides those he has already named but believes there were three or four more He was bailed the 28th of November 1683. and Colonel Sidney he thinks was Executed the 5th of December following The Duke of Monmouth appeared very firm to him and engaged to do his utmost to save Colonel Sidney He saith he came out of the Tower some days before Colonel Sidney was Executed he had an intention to have visited him but his Friends thought it useless and dangerous to them and that he might write any thing he had to say Accordingly he wrote to him that he would come to him if he desired it but Col. Sidney charged him not to come but to write if he thought any inconveniency would come of it The Messenger which brought him the Message before-mentioned was Dr Hall now Bishop of Oxford who applyed to the Dutchess of Portsmouth for his Release but her answer to him afterwards was That she had tryed and could do nothing for they would rather have him rot in Prison than have the 40000 l. Dame Katharine Armstrong being examined deposed that she demanded a Writ of Error of the Cursitor of London for Sr Thomas Armstrong and told him she was ready to pay all due Fees but he told her she must go to the Attorney General and she demanded it publickly in Court of the Lord Keeper North but he said it was not in him to give but the King Mrs Jane Mathews being examined said that her Father was sent to Prison and could have no Council admitted to him nor any Friends speak with him but in the presence of his Keeper he had one Chain on him and was kept close Prisoner she saith she questions not but to prove the Lord Howard perjured for Sr Thomas could have proved by ten Gentlemen and the Servants of the House those base Reflections the Lord Howard made on him to be falshoods She saith her Father demanded his Tryal and also Counsel in the Court but was denied both the Chief Justice Jefferies telling him they had nothing but the Outlawry to go on Withens Holloway and VValcot were other three of the Judges And she thinks he was brought from aboard the Yatch by the Lord Godolphin's Warrant She saith Mr Richardson beat her Sister while she was asking her Father Blessing She saith that her Father was at Sparrow's at Dinner that day that the Lord Howard swore he was not and she saith that when her Father in Court said My Blood be upon you The Lord Chief Justice Jeffryes said let it let it I am Clamour proof Mrs Katherine Armstrong being examined saith That Captain Richardson used her Father ill and made him lie in a Chain on one Leg and would not let her see him alone and was rude to her and struck her in such manner that she had so fore a Breast that she could not put on Bodies in three quarters of a year She saith she went with her Mother to the Cursitor of London to demand a Writ of Error but he refused it She went also on the same Errand to the Lord Keeper North Mr Attorney and the Lord Chief Justice but had none Mr Richard Wynne declared That he was Solicitor to Colonel Sidney That the Colonel excepted against several of the Judy to some as not being Freeholders and others as being in the King's Service and receiving Wages from his Majesty That presently after the Tryal the Lord Chief Justice sent him Prisoner to the King's Bench Mr Wynne said this to Angier the Foreman of that murdering Jury and to Glisby another of the three Carpenters which were upon that Jury and to another of their Brethren near the King's Bench Court whereupon they went to lay hold upon Mr. Wynne at which instant Mr Forth the King's Joyner coming interposed upon which Angier said Mr Forth will you assist this Man he says Colonel Sidney's Jury was a Loggerheaded Jury To which Mr Forth answer'd I have nothing to do with the Jury but Glisby knows that I know he it a Loggerhead Of this They complained to Jeffryes who committed Mr Wynne and Mr Forth to the King's Bench It cost Mr Forth about 50 l. whereof Burton had 24 l. and he being a Protestant Joyner he ' scap'd well out of their Hands as times then went especially with that Trade for saying the Jury were a Loggerheaded Jury that They had not Evidence sufficient to find such a Verdict or found a Verdict contrary to Evidence Mr Serjeant Rotherham being examined declared That he was of Counsel for Colonel Sidney and drew a Plea for him which the Colonel desired to have read and threw it into the Court It was to distinguish the Treasons laid in the Indictment and quoted the three Acts of Treason But the Court told him if the Plea had any slip in it he must have Judgment of Death pass on him immediately After this he pleaded Not Guilty That he demanded a Copy of the Indictment as his due but the Court refused it him That Col. Sidney told him that they proved the Paper they accused him of to be his Hand-writing by a Banker who only had his hand upon a Bill Col. Sidney quoted the Lady Carr's Case in the King 's Benels Trinity Term 1669 Anno 21. Car. 2. wherein it was adjudged that in a Criminal Case 't is not sufficient for a Witness to swear he believes it to be the hand but that he saw the party write it The words in the Case are That it must be proved that she actually writ it and not her hand â—ut credit Note Colonel Sidney demanded the Copy of the Indictment upon the Statute 46 Edw. 3. which allows it to all Men in all Cases That Colonel Sidney ask'd him with the rest of the Council whether all the Book should be read at his Tryal The Council said it ought The Book was by way of Questions and meerly polemical discourse of Government in general as far as Serjeant Rotherham could find after reading in it several hours He
Anno regni sui vicesimo quinto editum intitulatum A Declaration Which Offences shall be judged high Treason inter alia inactatum fuit Autoritate ejusdem Parliamenti quod si ullus casus suppositus esse Proditio qui non specificatur in eodem Statuto acciderit coram aliquibus Justitiarijs Justitiarij moram facient Anglice shall tarry sine aliquo progressuad Judicium Anglice going to Judgment de predictâ proditioni nsqu Causa monstretur declaretur coram Rege Parliamento suo Quodque per Statatum in Parliamento tent apud West in Com Midds quinto die Octobris Anno regni Dominae Mariae nuper Reginae Anglae primo intitulatum A Repeal of several Treasons Felonies and Premunires inactit fuit inter alia Autoritate ejusdem Parliamenti quod abinde nullum factum vel Offens existen per actum Parliamenti vel Statut fact Proditio per Verba Script Notationem Anglice Ciphering fact aut aliter quocunque capt habit Census Anglice deemed vel adjudicat esse alta Proditio nifi tantum tal quae declarantur exprimuntur esse Proditio in vel per Actum Parliamenti vel Statut factum in Anno vicesimo quinto regni prenobilis Regis Edwardi tertij tangen vel concexnen Proditiones vel Declarationes Proditionis nul al. nec quod aliquae paene mortis penalitates vel forisfactur in aliquo modo sequuntur Anglice ensue vel sint alicui Peccatori Anglice Offender vel Peccatoribus Anglice Offenders pro facien vel committen aliquam Proditionem aliter quam tal quae in Statuto predicto facto in dicto Anno vicesiano quinto regni dicti Edwardi Regis ordinat provis aliquo Actu vel Actus Parliamenti Statut vel Statuta ad aliquod empus antea habit vel fact post dictum vicesimum quintum Annum dictinuper Regis Edwardi tertij vel aliquam al Declarationem vel materiam in contrarium aliquo modo non obstante Et predictus Algernon dicit quod ipse non est culpabilis de aliqua vel aliquibus Proditione vel Proditionibus in Indictamento predicto mentionat quae specificatur vel specificantur in Statuto ultimo mentionato modo forma prout in Indictimento predicto mentionat Et de hoc ponit se super Patriam The Names of the London Grand-Jury returned July 1683. When the Conspirators had decreed the Murdering my Lord Russell RIchard Alie Esq Sworn Peter Parivicini Sworn Benjamin Skutt Sworn Philip Harman Sworn Benjamin Thorowgood Sworn William Longmore Sworn John Price Sworn Francis Brerwood Sworn VVilliam VVithers seni Sworn William Lovel Sworn John Debnam Sworn Prcival Gilborne Sworn Henery VVood Sworn JOhn Cooper Sworn Samuel Newton Sworn Henry VVagstaffe Sworn Thomas Blackmore Sworn Thomas Larner Sworn John Potts Sworn Leonard Bates John Femill Barth Ferryman Spencer Johnson and James Kelke The Pannel of Jurors pick'd for the Tryal of my Lord Russell in July 1683. Colman-Street-Ward SIR James Ward Sr Tho. Davall Arthur Baron Thomas Moffit John Martin Thomas Hadges Will. Fitzacherly William Rouse Tower-Ward Peter Joye John Pelling Tho. Porey Will. Winberry Tho. Normansel Richard Meynell William Pellatt Jervas Seaton Richard Burden Algate-Ward Jacob Lucy Peter Jones and William Crouch Billingsgate Ward Henry Loades Hugh Strode Robert Mellish and Abraham Wright Breadstreet Ward Peter Ayleworth William Danes John Steventon VVilliam Rutland William Fashions Thomas Shorte Samuel Skinner Theophilus Man George Baker Richard Kent Ar. Gerlington Chapman Dowgate-Ward Richard Hamond Fr. Chamberlain John Jenew and John Bridges Ward of Bishopsgate within John Busson Joel Andrews and Ralpo Izard Bridge-Ward John Short senior Thomas Nicholls Roger Mingay Candlewick Ward George Toriano William Butler William Parker and James Pickering Limestreet Ward John Hall Matthew Gibbon Thomas Angier Robert Masters Luke Pead Christopher Johnson Philip Perry Stephen Gittings and William Warren Walbrooke Ward John Westbrooke John Tempest John West and Edward Le Neve Langborne-Ward William Gerrard Anthony Mingay Nathaniel Hornby Henry Collyer James Smith Thomas Lowfield Thomas Jenny Samuel Hanckee Cripplegate Ward Robert Aske Thomas Jeve Hugh Noden Robert Brough John Mallory Thomas Yate William Crispe John Walkly Thomas Oneby Ward of Farringdon within Francis Griffith Peter Pickering Edward Rigby Richard Hoare Thomas Barnes Henry Robins Henry Kempe John Owen William Simonds Thomas Grice Ward of Farringdon without Paul Weeks Roger Reeve Edw. Reddish Edw. Kempe Will. Brown Ambros Istead Thomas Fowles Thomas Hamond Thomas Fitzer Thomas Dring Henry Baldwin Robert Fowles Thomas Rawlinson William Warne Valentine Castillion Jervas Wilcox James Smith Ward of Aldersgate within Peter Floyer Ward of Aldersgate without Robert Scott John Andrews Jeremiah Wright Jacob Sheldrake Cordwayner Ward Thomas Coulson Vnity Ward George Peck John Hoyle Ward of Castlebaynard Sr William Dodson Sr Edm. Wiseman William Goslin Nicholas Alexander Nicholas Charleton Christopher Pitt Robert Beddingfield Thomas Warren By Peter Rich Esq Sheriffs and Sr Dudly North Sheriffs Knight Sheriffs The Names of the Grand-Jury at the Sessions the 14th of October 1685. when the Conspirators had resolved to Murder Alderman Cornish and Mrs Gaunt PErcival Gilborne Bart. Ferriman Thomas Blackmore Thomas Simonds William Watton Thomas Barnesly John Greene Thomas Amy Jofeph Baggs John Reynolds Robert Blackmore Joseph Caien W. Withers Junior Thomas Deacon Richard Browne Thomas Mills John Bernard William Fownes John Luker The Pannel of Jurors for the Tryal of Alderman Cornish in October 1685. returned out of most of the Wards of the City by the particular care of Sr. Benjamin Thorowgoed in regard that Mr Cornish had been one of his Predecessors See this page 289. SIr William Russell Sr Mich. Hicks Sr. John Mathews Sr William Dodson Sr Thomas Griffith Sr Edmun. Wiseman Sr John Clarke Sr Thomas Vernon Sr Edward Boveree Richard Alie Esq Ralph Box Esq Thomas Hartepp Esq Thomas Fowle Arthur Baron Benjamin Skutt Thomas Rawlinson John Shorte Senior Thomas Goddard William Gore John Kent Edward Griffith Esq William Withers Sen. John Midgly John Carpenter Franc. Chamberlain Peter Joy Thomas Langham George Toriano Henry Loades Robert Bedingfeild Ambrose Istead William Butler Kenelm Smith Ralph Lee William Moyer Robert Scott William Warne Thomas Shorte Jermingham Chaplin John Jenew James Pickering James Smith Thomas Lofeild James Woods Tho. Pendleton Samuel Hinton Nicholas Smith James Smith Tho. Peircehouse John Grice Thomas Oneby Richard Cotton Richard Hoare Roger Reeves William Crouch John Foster Thomas Sergeant James Richardson William Cloudsly Richard Holford Thomas Crane Lewis Wilson Henry Wood William Tigh John Pelling Gervis Wilcox Jacob Sheldracke George Peck Francis Breerewood W. Longmore John Price William Fitzacherly William Fashion Walter Acton Stephen Coleman Robert Clavel William Long John Wells Maurice Mosely John Pott Thomas Lardner James Kelke John Perrott Thomas Ashby Samuel Skinner William Rouse Noel Basano Paul Sherman John Walkly and William Humfreys The Pannel of Jurors returned for the Tryal of the Honourable Colonel Sidney
That if any Judge Justice or Jury proceed upon him and he found guilty that you will declare them guilty of his Murder and Betrayers of the Rights of the Commons of England Hereupon the House came to these Resolves That it is the undoubted right of the Commons in Parliament assembled to impeach before the Lords in Parliament any Peer or Commoner for Treason or any other Crime or Misdemeanour and that the Refusal of the Lords to proceed in Parliament upon such Impeachment is a denyal of Justice and a violation of the Constitution of Parliaments That in the Case of E. Fitz-Harris who by the Commons has been impeached for High Treason before the Lords with a Declaration That in convenient time they would bring up the Articles against him For the Lords to resolve that the said Fitz-Harris should be proceeded with according to the course of the Common-Law and not by way of Impeachment in Parliament is a denyal of Justice and a Violation of the Constitution of Parliaments and an Obstruction to the further discovery of the Popish Plot and of great danger to his Majesties Person and the Protestant Religion That for any Inferiour Court to proceed against him or any other Person lying under an Impeachment in Parliament for the same Crimes for which he or they stand impeached is an high breach of the Priviledge of Parliament This matter thus agitated in the House of Commons was countenanced by a Protestation of many Temporal Lords which was to this effect That in all Ages it had been an undoubted Right of the Commons to impeach before the Lords any Subject for Treasons or any other Crime whatsoever That they could not reject such Impeachments because that Suit or Complaint can be determined no where else for an Impeachment is at the Suit of the People but an Indictment is at the Suit of the King As the King may Indict at his Suit for Murther and the Heir or the Wife of the Party Murthered may bring an †Which was always to be preferred and upon notice thereof all Prosecutions at the Kings Suit were to stop till the Prosecution at the Suit of the Party was determined Appeal And the King cannot Release that Appeal nor his Indictment prevent the Proceedings in it It is an absolute denial of Justice in regard it cannot be tryed any where else The House of Peers as to Impeachments proceed by vertue of their Judicial Power and not by their Legislative and as to that act as a Court of Record and can deny Suitors especially the Commons of England that bring legal Complaint before them no more than the Judges of Westminster can deny any suite regularly commenced before them Our Law saith in the Person of the King Nulli negabimus Justitiam We will deny Justice to no single Person yet here Justice is denyed to the whole Body of the People This may be interpreted an exercise of Arbitrary Power and have an influence upon the Constitution of the English Government and be an encouragement to all Inferiour Courts to exercise the same Arbitrary Power by denying the Presentments of Grand-Juries c for which at this time the Chief Justice stands impeached in the House of Peers These Proceedings may mis-represent the House of Peers to the King and People especially at this time and the more in the particular Case of Edward Fitz-Harris who is publickly known to be concerned in vile and horrid Treasons against his Majesty and a great Conspirator in the Popish plot to Murther the King and destroy and subvert the Protestant Religion Monmouth Kent Huntington Bedford Salisbury Clare Stamford Sunderland Essex Shaftesbury Macclesfield Mordant Wharton Paget Grey of Werke Herbert of Cherbury Cornwallis Lovelace Crew This Protest was no sooner made upon Munday the 28th of March 1681 but the Parliament was instantly dissolved Well The Parliament being dismissed Fitz-Harris must be Hang'd out of the way and the Term approaching Scroggs the Chief Justice who lay under an Impeachment for Treason in Parliament is removed with marks of Favour and Respect being allowed a Pension for Life and his Son Knighted and made one of his Majesty's Learned Council and Sr Francis Pemberton being advanced to the Seat of Lord Chief Justice the Business of Fitz-Harris is brought before him and Justice Jones Justice Dolben and Justice Raymond and proceeded upon in the manner following UPon the 27th of April 1681 an Indictment for high Treason was offered to the Grand-Jury for the Hundreds of Edmonton and Gore in Middlesex against Fitz-Harris whereupon Mr Michael Godfrey the Foreman in the name of the Grand-Jury desired the opinion of the Court whether it were lawful and safe for them to proceed upon it in regard Fitz-Harris was Impeached in the late Parliament at Oxford by the House of Commons in the name of all the Commons of England Mr Attorney General then said That Mr Godfrey and two more were against accepting the Bill but the body of the Jury carryed it to hear the Evidence and that thereupon himself and Mr Solicitor went on upon the * A new way of dealing with Grand-Juries to procure the finding Bills of Indictment Evidence and spent some time in opening it to the Jury and We thought they would have found the Bill but it seems They have prevailed to put these scruples in the others heads Then The Lord Chief Justice Pemberton said your scruple is this here was an Impeachment offered against Fitz-Harris to the Lords which was not received and thereupon there was a Vote of the House of Commons that he should not be Tryed by any other Inferiour Court We do tell you 't is our Opinion that If an Indictment be exhibited to you you are bound to enquire by vertue of your Oathes you cannot nor ought to take notice of any such Impeachment nor Votes and We ought to proceed according to Justice in Cases that are brought before us This We declare as the Opinion of all the Judges of England Then the Jury went away and afterwards found the Bill Upon Saturday the 30th of April Mr Fitz-Harris was brought to the King's Bench-Bar and Arraigned upon the Indictment whereupon he offered a Plea in writing to the Jurisdiction of the Court and the Chief Justice said We do not receive such Pleading as this without a Counsels hand to it Upon which the Prisoner desired the Court to assign Sr Francis Winnington Mr Williams Mr Pollexfen and Mr Wallop for his Council which was accordingly done Upon Monday the 2d of May the four Council moved the Court to have longer time for drawing the Plea and that they might have a sight of the Indictment as necessary to the drawing it but they were opposed therein by Mr Attorney and the Court denyed both Then Sr George Treby and Mr Smith were also assigned as Council for the Prisoner at his request Upon Wednesday the 4th of May Fitz-Harris being brought from the Tower to the King's Bench-Bar
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
would have him stay till Tuesday morning That then the Duke being gone out of Town the Lord Grey told Jones from the Duke That he intended to be in England within nine days and bid him remember to tell Brand that when he heard the Duke was Landed he should acquaint Sr Robert Peyton with it but not till he was Landded That Jones missing passage to England from Roterdam he returned to Amsterdam and went to the Duke and told him the reason why he was not gone and the Duke said he was glad he was not gone for he had a further Message and would have him stay two or three days That upon the 21st of May the Duke ordered him to come to him in the Evening and when he came the Duke took a Paper that lay upon the Table and sensed it and told him that when he came to London he must see for Captain Mathews and desire him to acquaint my Lord Macclesfield my Lord Brandon and my Lord Delamere that he was resolved to set out the next Saturday morning That the Duke then said that Mathews was to send one Post to that place that was named in the Note to receive Intelligence of his Landing and that News he designed should be brought to his Friends here 24 hours before the Court had notice of it and those Lords were to be in readiness and as soon as they knew he was Landed they were to repair to their Posts to assist him That Jones askt the Duke what he was to do with the Paper who said I do by you as Princes do by their Admirals they have their Commissions sealed up and not to open them till at Sea so I deliver your Instructions sealed up which you are not to open till you are at Sea and when you have opened and read what is contained in them I would have you tear the Paper and throw it into the Sea least you be surprized and fearched at your Landing And that the Duke ordered him that if he missed of Captain Mathews he should deliver the Message to Major Wildman That the Instructions in the Paper were to this effect viz. Taunton is the place to which all are to resort The Persons to be acquainted with the time of Landing are the Lord Macclesfield the Lord Brandon and the Lord Delamere The place to send the Coach to is to Mr Savage's the Red Lyon The Post is to return to Captain Mathews or as he shall appoint Jones added that he came home the 27th of May the Wednesday forthnight before the Duke Landed and Disney came immediately to him and told him that Captain Mathews and Major Wildman were both out of Town whereupon he delivered the Message to Disney and left it to him to convey it to the Lords concerned That Disney met him the same night in Smithfield with Mr Crag Mr Lisle and Mr Brand and Disney took Jones and Brand aside and askt Jones what was the place to which the Post was to go That Jones met the Duke at Lyme and told him what he had done with the Message who said he was satisfied he had done what he could but seemed troubled that Mathews was out of Town It being demanded of my Lord Delamere whether he would ask Jones any Questions his Lordship answered No I never saw his face before Mr Story the Duke of Monmouth's Commissary General testified that Mr Brand who lived about Bishopsgate and was killed at Keinsham Bridge told him upon the 28th of May last that Mr Jones was returned from Holland and brought a Message from the Duke and that he the said Brand was to go to Taunton to expect from Mr Dare or Mr Williams the account of the Duke's Landing That Brand told him that Jones his Message was delivered to Disney who went and had some discourse with my Lord Delamere and that that night his Lordship went out of Town and two Friends of Mr Brand's went with him and conveyed him by a By-way through Enfield-Chase towards Hatfield That Story went out of Town the 28th of may and overtook Brand that night That he heard the Duke of Monmouth say at Shepton-mallet that his great dependance was upon my Lord Delamere his Friends in Cheshire but he was afraid they had failed him and he said he could have been supplied otherwise but that he had a dependance upon them My Lord Delamere then demanded of Story whether he knew one Thomas Saxon. Mr Story answered yes my Lord I was a Prisoner with him in Dorchester Prison The Attorney General then called Vaux and said My Lord this is an unwilling Witness and we are forced to pump all out of him by Questions And then demanded of him what day it was my Lord Delamere sent for him Vaux answered It was the 26th of May his Lordship sent for me to the Rummer Tavern in Queen-street and the next day I went out of Town with him about nine or ten in the Evening My Lord went by the name of Brown We got to Hoddesden about twelve at night Mr Attorney demanded whether they went next whether my Lord Delamere was going and whether that was the direct Road to Cheshire Mr Vaux answered We then went to Hitchin and I returned home the next day My Lord was going to see his Son who was sick in the Country and we made that the way it being the freest Road from Dust Mr Edlin then testified the same in substance with Mr Vaux that upon the 27th of May he went with my Lord Delamere to Hoddesden c. Mr Attorney then said my Lord to confirm and explain this Evidence I shall prove that this Gentleman went by the name of Brown in the Cant of those that were engaged in this Business that the name was known as his name by all the Party and called so constantly in their Letters and Messages Tracey Paunchforth being called witnessed That he was at Disney's house the 14th of June with Joshua Lock one Hooper and one Horsley and Lock stayed for some of the Duke of Monmouth's Declarations which were finished about nine of the Clock and three were delivered to him and there was a discourse of having them sent into Cheshire to one Mr Brown whom he understood to be my Lord Delamere and Mr Disney used to mention him by the name of Brown That Paunchforth was at the Castle Tavern with Mr Vermuyden his Brother Babington and Mr Manning but there was no mention as he remembers of my Lord or Mr Brown but only something in relation to the Duke's Landing Mr Vermuyden who also went by the name of Brown said he did not know where he was to Land Babington the Betrayer of that worthy Gentlemen Mr Disney then swore That when he first knew of any of the Transactions he was with Mr Vermuyden his Brother Paunehforth and Mr Chadwich where there was discourse of Mr Brown and that his Uncle Vermuyden afterwards told him it was my Lord Delamere and ordered
and engaged to him the King should never let the Paper be seen and said this was the time to gain the King's favour It being long ago Mr Row declared these things as he believes and to the best of his Remembrance Mr Robert Yard being examined declared that the Advertisement concerning the Duke of M. which was put into the Gazete was what was handled in Council the day after the Duke came in It was the giving an Account of what passed betwixt the King and the Duke That he had the Paper either from the Lord Sunderland or Sr Leoline Jenkins John Hambden Esq declared himself thus His Case is so twisted with those of the Noble Persons whose Murders you enquire after that he knows not how to speak of theirs without relating his his own and that he looks upon himself almost as much murdered as any of them by reason of his Sufferings My Lord Russell and Col. Sidney were clap'd up in the Tower after which he was sent for and brought into the Cabinet Council or select number of Lords and askt whether he was of the Council of six so the Lord Howard was pleased to call it He saw there the King the Lord Keeper North and Lord Hallifax there were some others present whose faces he did not fee he does not remember a Clerk with them my Lord Keeper asked some Questions and so did the King He was pressed much to confess he claimed the Liberty as an English-man not to accuse himself he was sent to the Tower and made close Prisoner he was kept in the strictest custody for twenty Weeks when he had been there after the Lord R. was executed and a little before Col. Sidney was executed he had an intimation by a private note that there was an intention to try him for a Misdemeanour he was bailed out upon 30000 l. After this it happened the D. of M. came in and had a Pardon but several coming to see him he spoke some things freely which did not please the Court and at the Old Dutchess of Richmond 's he spoke as if those Gentlemen that were put to Death dyed unjustly Whereupon after the King was told this by a Lady he would have him confess his being concerned in the Plot and a Paper was drawn to that purpose which the King would have him sign which he did A Gentleman viz. Sr James Forbes came to him from the Duke with the Copy of the Paper the Duke had signed to own the Plot as soon as he saw it he said it was a Confession 〈◊〉 the Plot and according to the Law then in practise it would hang him because a Paper had been given in evidence against Col. Sidney upon which he was condemned for if a Paper which was said and not proved to be writ by him could supply the place of a second Evidence then a Paper which could be proved to be written and signed by the D. of M. might much more properly be made use of as his Evidence to hang other People He said he was told by Sr James Forbes that the D. was in a manner forced to do it and perswaded and overborne in it by the Lord H. when Sr James Forbes went back the D. was concerned to madness and said if he lived till next day he would have the Paper again and accordingly he went to the King and told him he could not rest till he had it The King with great indignation threw him the Paper and bid him never see his face more and he believes he did not and so the Duke went away and by that he escaped the Tryal then He was told by Mr Waller who is since dead that the Duke's owning the Plot to the King was the cause of Colonel Sidney's death for the King ballanced before He was after this brought to a Tryal for Misdemeanour and was convicted on the Lord Howard's evidence He pleaded Magna Charta that a Salvo Contenemento but the Court fined him 4000 l. and to Imprisonment till the Fine paid and security for the good Behaviour The King made his choice of putting him in Prison and he was committed to the Marshal's House in the King's Bench where he was ten Months He offered several summs of Money and they answered they had rather have him rot in Prison than he should pay the Fine After this they put him in the Common Prison where he was kept ten or eleven Months very close then they contrive a Writ called a long Writ to reach his Real and Personal Estate whilst he was thus a Prisoner After this he heard a new Witness appeared which was after the defeat of the Duke of Monmouth He was sent Close Prisoner to the Tower by the Lord Sunderland's Warrant and put into such a Room where he had no conveniency and with two of the Rudest Warders in the Tower to lie in the Room with him After seven or eight weeks he was removed to Newgate where he was kept close eleven weeks his Friends offered Money for his Pardon to some in power who were the Lord Jefferyes and Mr Petre the summ was 6000 l. and that was effectual It is not possible for a Man to suffer more than he did By the help of the Money on condition he would plead Guilty to his Indictment he was to come off His Friends advised him to it because it could hurt none there being none living of those called the Council of six but the Lord Howard Whereupon pleading guilty he was discharged paying 3 or 400 l. to Burton and Graham for the charge of his Pardon As for the Subject matter of what he confessed * The designing to rise in Arms to rescue the Laws and Liberties of his Country when threatned with destruction no man will think he ought to be ashamed that thinks my Lord Russell was Murdered And he said this was the way that our Ancestors always took when the Soveraign Authority came to so great a height as may be made out by many instances he said Custom had made this the Law of England and that all Civilized and well governed Nations about us had used the same way Notwithstanding his pleading Guilty he hath been very ready to secure the Kingdom and he was one of the two or three Men that received Letters from Holland of this Revolution And he saith he thinks King William's coming into England to be nothing else but the Continuation of the Council of six and if not he desires to be better informed Being asked by the Lord H. how he came to send his Wife to the Man whom he thought was instrumental in obtaining the Paper which he thought endangered his Life He answered did not he send his Wife to the Lord Jefferies Mr Petre and others who should he send to but to those in power and who could help him but those in power He did not think that the Lord H. struck directly at his Life or that his Lordship had any personal