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B30874 The tryals of Henry Cornish, Esq for conspiring the death of the King, and raising rebellion in this kingdom : and John Fernley, William Ring, and Elizabeth Gaunt for harbouring and maintaining rebels, at the Sessions-house in the Old-Bailey, London and County of Middlesex, on Monday, Octob. 19, 1685. Cornish, Henry, d. 1685.; Fernley, John, d. 1685.; Ring, William, d. 1685.; Gaunt, Elizabeth, d. 1685. 1685 (1685) Wing T2250A 67,831 45

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THat Henry Cornish late of the Parish of St. Michael Bassishaw London Merchant as a false Traitor against the most Illustrious Prince Charles the second late King of England Scotland France and Ireland Defender of the Faith then his natural Lord not having the fear of God in his Heart nor weighing the Duty of his Allegiance but moved and seduced by the Instigation of the Devil and the cordial Love and true due and natural Obedience which a true and faithful Subject of our late Sovereign Lord the King towards our late Sovereign Lord the King should and of right ought to bear altogether withdrawing and minding and with all his strength intending the Peace and common Tranquillity of this Kingdom of England to disquiet molest and disturb and War and Rebellion against our late Sovereign Lord the King within this Kingdom of England to stir up move and procure and the Government of our said late Sovereign Lord the King of this Kingdom of England to subvert change and alter and our said late Sovereign Lord the King from the Title Honour and Kingly Name of the Crown Imperial of this Kingdom of England to depose and deprive and our said late Sovereign Lord the King to Death and final Destruction to bring and put the 30th day of May in the 35th Year of the Reign of our said Sovereign Lord the King and divers other days and times as well before as after at the Parish of St. Michael Bassishaw London falsly maliciously devilishly and traiterously with divers false Traitors to the Jurors unknown did conspire compass imagine and intend our said late Sovereign Lord the King his supream and natural Lord not only of his Kingly State Title Power and Government of this Kingdom of England to deprive and throw down but also the said late King to kill and put to Death and the ancient Government of this his Kingdom of England to change alter and altogether subvert and a miserable Slaughter amongst the Subjects of our late Lord the King thorough this Kingdom of England to cause and procure and Insurrection and Rebellion against our said late Lord the King to procure promote and assist And the same most wicked and devilish Treasons and traiterous Compassings Imaginations and Purposes aforesaid to fulfil perfect and bring to effect He the said Henry Cornish as a false Traitor then and there to wit the said 30th day of May in the Year aforesaid at the Parish and Ward aforesaid falsly maliciously and traiterously knowing James the late Duke of Monmouth William Russel Esq and Thomas Armstrong Knight and divers other Rebels and Traitors then lately before in the Parish and Ward aforesaid within the said City of London falsly unlawfully devilishly and traiterously to have conspired the Death and final Destruction of our said late Sovereign Lord the King he the said Henry Cornish as a false Traitor then and there to wit the said 30th day of May in the Year aforesaid within the Parish and Ward in the said City of London falsly unlawfully wickedly and traiterously ●●d promise to the said divers false Traitors and Rebels then and there present That he the said ●●●n●y Cornish would be aiding and assisting in the Treasons aforesaid to be done perfected 〈◊〉 brought to effect against the Duty of his Allegiance against the Peace and against the ●●●m of the Statute c. Clerk How say'st thou Henry Cornish art thou guilty of this high Treason where of thou standest indicted or not guilty Mr. Cornish This is an heinous Charge Counsel Answer You know you must answer Mr. Cornish I am perfectly innocent Counsel Are you guilty or not guilty You must take the Words Mr. Cornish Not guilty Clerk Culprit how wilt thou be tryed Mr. Cornish By the great God of Heaven and my Country Clerk God send thee a good Deliverance L. C. J. Jones I don't know in what state things are here in the Court I can't tell whether there be a Jury returned or not Clerk He is arraigned L. C. J. Jones Why don't you go on with the Jury Mr. Cornish My Lord I humbly pray your Lordship I have some ground for it L. C. J. Jones You shall be heard in good time Sir Mr. Cornish My poor Children last night preferr'd a Petition to His Majesty and he was pleased to refer it most graciously to my Lords the Judges and I now make my Application to Your Lordships L. C. J. Jones Have you any Answer to the Petition from the King Mr. Cornish It was referred to your Lordships the Judges to consider my Case L. C. J. Jones We may hear more of your Business anon when Mr. Attorney and Mr. Solicitor do come we will stay here till they come to know whether there be any Order from the King to them concerning you Mr. Cornish My Lord I hope it will not be offensive if I should acquaint your Lordships what Usage I have met with since I have been under Confinement I have been under very close Confinement I had no notice of my Try till about Twelve a Clock on Saturday no Friend came to me till Eight a Clock at night and I had no time for preparation for my Tryal My Lord these are hard things but tho' I am denied Counsel I trust in God I shall not need Counsel for I hope if your Lordship pleases to allow me time to clear my self of all matters and I hope with such Satisfaction to your Lordships that you will acquiesce in whatsoever I shall lay before your Lordships I do not come to make an Harangue and Talk my case was such that I had neither Pen Ink nor Paper Mr. Just Withins Mr. Cornish Mr. Attorney and Mr. Solicitor will come we must hear them L. C. J. Jones You shall be heard in your proper time it is a strange thing you won't be satisfied you shall be heard I tell you in your proper time Mr. North. We have arraign'd one Fernley if you please to try him who with Ring was brought to the Bar. Clerk You the Prisoners at the Bar those Persons you shall hear call'd and appear are to pass between our Sovereign Lord the King and You upon your several Lives and Deaths if you will challenge them or any of them your time is to challenge them when they come to the Book to be sworn before they be sworn Cryer O Yes all manner of Persons are commanded to keep silence upon pain of Imprisonment The Middlesex Jury Nehemiah Arnold Francis Stevens Richard Fisher John Howlet John Vigares Samuel Birch William Thompson William Read Samuel Peacock Richard Fitz-gerrard Richard Bromfield John Haynes Cryer O Yes If any one can inform my Lords the King's Justices the King's Serjeant or the King's Attorney before this Inquest be taken between our Sovereign Lord the King and John Fernley and William Ring the Prisoners at the Bar let them come forth and they shall be heard for now the Prisoners stand at the Bar upon their
THE TRYALS OF Henry Cornish Esq FOR CONSPIRING The Death of the King And raising a REBELLION IN THIS KINGDOM AND Iohn Fernley William Ring and Elizabeth Gaunt For Harbouring and Maintaining REBELS AT THE Sessions-House in the Old-Baily London on a Commission of Oyer and Terminer held there for the City of London and County of Middlesex on Monday Octob. 19. 1685. LONDON Printed and Sold by George Croom at the Sign of the Blue-Ball in Thames-street near Baynard's Castle MDCLXXXV I Do appoint George Croom Printer to Print and Publish the TRYALS of HENRY CORNISH JOHN FERNLEY WILLIAM RING and ELIZABETH GAVNT and that no other do presume to Print the same December the 1st 1685. THO. JONES THE TRYALS OF John Fernley William Ring Elizabeth Gaunt and HENRY CORNISH Esquire Indicted for HIGH-TREASON MOnday Octob. 19th 1685. at the Sessions-House in the Old-Bayly London The Court being met and Proclamation made for Attendance the Proceedings were as follow Clerk Set John Fernley to the Bar. Which was done Cryer O Yes All manner of Persons are commanded to keep silence upon pain of Imprisonment Clerk John Fernley hold up thy hand Which he did Thou standest indicted by the Name of John Fernley Middlesex THE Jurors for our Sovereign Lord the King upon their Oaths do present That John Fernley of the Parish of St. Mary Matfellon otherwise White-Chappel in the County of Middlesex Barber as a false Rebel and Traitor against the most Illustrious and most excellent Prince King James the Second by the Grace of God of England Scotland France and Ireland King and his natural Lord not having the fear of God in his Heart nor his due Obedience any wise regarding but being moved and seduced by the Instigation of the Devil and his faithful Duty and natural Obedience which a true and loyal Subject ought to have towards his said Lord the King and by Law ought to observe utterly withdrawing and intending with all his Endeavours the Peace and Tranquillity of this Kingdom of England to disturb and War and Rebellion against our said Lord the King to incite and move and the Government of our said Lord the King in this Kingdom of England to subvert and our said Lord the King from his Title Honour and Regal and Imperial Crown of this his Kingdom of England to depose and deprive and our said Lord the King to Death and utter Destruction to bring the 20th day of August in the Year of the Reign of our Sovereign Lord James the Second by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. the first and divers other days as well before as after at the Parish of St. Mary Matfellon otherwise called White-Chappel in the County of Middlesex falsly maliciously devilishly and traiterously with divers Rebels and Traitors to the Jurors aforesaid unknown did conspire imagine and intend our said Sovereign Lord the King now his supreme and natural Lord not only of his royal State Title Power and Government of this his Kingdom of England to deprive and depose but also the same Lord the King to kill and murder and the ancient Government of this Kingdom of England to change alter and totally subvert and a miserable Slaughter amongst the Subjects of our Lord the King throughout all this his Kingdom of England to cause and procure and ●n Insurrection and Rebellion against our Lord the King to procure promote and assist and the same his most wicked most inhumane and most devilish Treasons and Conspiracies Purposes and traiterous Imaginations to fulfill and to effect he the said John Fernley as a false Traitor then and there viz. on the said 20th day of August in the Year of the Reign of our said Lord the King the first as aforesaid at the Parish aforesaid in the County aforesaid well knowing one James Burton to be a false Traitor and as a false Traitor traiterously to have conspired and imagined the Death and utter Destruction of our said Lord the King and War and Rebellion against our said Lord the King within this Kingdom of England traiterously with divers other Rebels to the Jury unknown to have levied and stirr'd up he the said John Fernley afterwards viz. on the said 20th day of August in the Year of the Reign of our said Lord the King now the first aforesaid at the Parish aforesaid in the County aforesaid the said James Burton in the Mansion house of him the said John Fernley situate in the Parish and County aforesaid knowingly secretly wickedly devilishly and traiterorsly did harbour conceal comfort sustain and keep and then and there for the comforting sustentation and maintenance of the said James Burton the said John Fernley Meat and Drink to the said James Burton maliciously and traiterously did give and deliver and did cause to be given and delivered against the Duty of his Allegiance against the Peace of our said Lord the King his Crown and Dignity and also against the form of the Statute in the like case made and provided c. Clerk How sayest thou John Fernley art thou guilty of the High-Treason whereof thou standest indicted or not guilty Fernley Not guilty Clerk Culprit how wilt thou be tryed Fernley By God and my Country Clerk God send thee a good Deliverance Set William Ring to the Bar. Which was done William Ring Hold up thy hand Which he did Thou standest indicted by the Name of William Ring of the Parish of St. Clements Danes in the County of Middlesex Taylor Middlesex THE Jurors for our Sovereign Lord the King do present upon their Oaths That William Ring late of the Parish of St. Clements Danes in the County of Middlesex Taylor as a false Traitnr against the most Illustrious and excellent Prince James the Second by the Grace of God of England Scotland France and Ireland King and his natural Lord not having the fear of God in his heart nor the duty of his Allegiance any ways weighing but being moved and seduced by the instigation of the Devil and the true due and natural Obedience which true and faithful Subjects of our said Lord the King towards our said Lord the King should and of right ought to bear wholly withdrawing and with his whole strength intending the Peace and common Tranquillity of this Kingdom of England to disquiet molest and disturb and War and Rebellion against our said Lord the King within this his Kingdom of England to incite and stir up and the Government of our said Lord the King in this his Kingdom of England to subvert and our said Lord the King from his Title Honour and regal Name of his Imperial Crown of this his Kingdom of England to depose and deprive and our said Lord the King to Death and final Destruction to bring and put the 20th day of July in the first Year of the Reign of our Sovereign Lord James the Second by the Grace of God of England Scotland France and Ireland King
Defender of the Faith and divers other days and times as well before as after at the Parish of St. Clements Danes in the County of Middlesex falsly and maliciously devilishly and traiterously with divers other Rebels and Traitors to the Jurors unknown he did conspire imagine and intend our said Lord the King our supream and natural Lord not only from his royal State Title Power and Government of his Kingdom of England to deprive and depose but also our said Lord the King to kill and put to death and the ancient Government of this Kingdom of England to change and alter and wholly to subvert and a miserable Slaughter among the Subjects of our said Lord the King throughout this whole Kingdom of England to cause and procure and Insurrection and Rebellion against our said Lord the King to procure move and assist And his said most wicked and devilish Treasons and traiterous Conspiracies Compassings Imaginations and Purposes aforesaid to fulfil effect and perfect he the said William Ring as a false Traitor then and there to wit the said 20th day of July in the said first Year of the Reign of our said Lord the King that now is aforesaid at the Parish and County aforesaid well knowing Joseph Kelloway and Henry Lawrence to be false Traitors and as false Traitors traiterously to have conspired and imagined the Death and final Destruction of our said Lord the King and War and Rebellion against our said Lord the King within this his Kingdom of England traiterously with divers other Traitors to the Jurors unknown to have levied and raised and stirred up and he the said William Ring afterwards to wit the said 20th day of July in the first Year of the Reign of our said Sovereign Lord the King aforesaid at the Parish aforesaid the said Joseph Kelloway and Henry Lawrence in the dwelling House of him the said William Ring situate in the Parish and County aforesaid knowingly secretly wickedly divelishly and traiterously he did barbour conceal comfort sustain and maintain and then and there for the comforting sustaining and maintaining of the said Joseph Kelloway and Henry Lawrence he the said William Ring Meat and Drink to the said Joseph Kelloway and Henry Lawrence maliciously and traiterously did give and deliver and did cause to be given and delivered against the Duty of his Allegiance against the Peace of our said Sovereign Lord the King his Crown and Dignity and against the form of the Statute in this case made and provided c. How sayest thou William Ring art thou guilty of the high-Treason whereof thou standest indicted or not guilty Ring Not guilty Clerk Culprit how wilt thou be tried Ring By God and my Country Clerk God send thee a good Deliverance Set Henry Cornish to the Bar. Henry Cornish hold up thy hand Mr. Cornish My Lord I have been confined without any notice given me until Saturday about noon of my Tryal My Lord I do hope seeing I appear before your Lordships and this Honourable Bench who have known something of my former Conversation that you will be pleased to consider me and grant me what is customary and commonly done to Persons in my Circumstances Mr. Jones Mr. Cornish if you please you shall have your time of speaking hereafter but now you are only to plead without any more ado Mr. Cornish My Lord I beseech you hear me a little I have been so confined Lord Mayor Mr. Cornish you must observe the Rules of the Court. Mr. Cornish My Lord I hope I shall be allowed what is customary in such Cases Lord Mayor What is it you would have Mr. Cornish My Lord I do desire if your Lordship will please to consider me Mr. Jones Wou'd you not be arraign'd Mr. Cornish After you are arraign'd and have pleaded you may speak Mr. Cornish Let me tell your Lordship what my case is Is it reasonable not to have above half a-days time for Preparation for my Tryal and no Counsel allowed me Mr. Recorder Nor ought without leave of the Court or by His Majesties special Appointment Mr. Cornish I have not had a Friend to come to me but in the Presence of Major Richardson Mr. Recorder None have in your Circumstances Mr. Cornish My Lord ought not I to have a Copy of the Pannel it is a thing never denied Record It hath been denied very often Mr. Cornish My Lord it is a matter wherein my Life is concerned and therefore I hope your Lordship will hear me Mr. Jones After you are arraign'd you may speak and put off your Tryal if you can Mr. Cornish My Lord I cannot go from this before I possess your Lordship with a right Understanding of it it is beyond Precedent no such Precedent that any man should be kept with that Strictness I have been Recorder Mr. Cornish I wonder you will say so I tell you there is no man accused of your Crime but is so kept Mr. Cornish If your Lordship pleases to allow me a little time I do not question but I can very well satisfie your Lordship and this honourable Court that I am a very innocent Person Mr. Recorder You will have your proper time for that but now you must plead that you may hear the Particulars of your Charge and have an opportunity to make out your Innocence for we must keep the same method with you we do with all other Persons in your Circumstance and therefore you must plead as other Persons do Mr. Jones Will you or will you not Sir without any more ado the Law gives you advantage you may challenge any body there are fourscore returned honest men and you may challenge who you please Mr. Cornish Alas my Lord what can I do Counsel He disputes out of time he is to be arraign'd Recorder Come Mr. Cornish you must plead Mr. Cornish I did understand last night His Majesty was graciously pleased to refer these matters as to my Tryal to my Lords the Judges and my Lord I do hope that the Judges when they hear this matter that I shall have some time allowed Recorder Pray Mr. Cornish take the Rule of the Court your business is now to plead when you have pleaded what you have to offer for the putting off your Tryal may be heard then Clerk Henry Cornish hold up thy hand Mr. Cornish My Lord I would do nothing that should be a dishonour to your Lordship and the Court. Sir James Smith You know the way of the Court Mr. Cornish you must plead Mr. Jones If you will not plead I will move the Court to record your standing mute Mr. Cornish I have known that this Court hath heard what the Prisoner hath to say at the Bar and I have more to say perhaps than any man that ever stood at this Bar. Recorder Mr. Cornish when you have pleaded you have time to speak for your self Clerk Henry Cornish hold up thy hand Which he did Thou standest indicted by the Name of Henry Cornish
Mr. Just Withins You said he would confess nothing till that Paper was produced Mr. Barrington Truly I can say no more of it Mr. Jones When the Paper was produced at the Castle Tavern what did he say then Mr. Just Withins What did Ring say at the Castle Tavern Mr. Barrington I can't remember but that he denied every thing Clerk Cal● Mr. Barrow Who was sworn Mr. Barrow Sir I heard Ring confess to my Lord Mayor in July last that he lodged Lawrence and Kelloway and that Lawrence and Kelloway did tell him that they had been both in the late Western Rebellion in Monmouth's Army and that after that he had lodged them two or three Nights this I heard him confess Counsel Pray speak it again Mr. Barrow That Lawrence and Kelloway had told Mr. Ring they had been in the late Western Rebellion in Monmouth's Army and that he had lodged them two or three nights in his own House Mr. Common Serjeant What did you hear him say concerning Mr. Herle Mr. Barrow There was some talk concerning Mr. Herle or Herle L. C. J. Jones Did he say he lodged them after they had told him that Mr. Barrow After that That is all I can say Clerk Call Mr. Crisp Who was sworn Counsel Give my Lord and the Jury an Account of what you know concerning Mr. Ring Mr. Crisp I went to search Mr. Ring 's House my Lord and in the Window there was that Letter under Mr. Lawrence's own hand sealed up and directed to Newberry for a Horse which he had stole f●om his Master and left at Newberry which Letter I brought to the Tavern and when we came to the Tavern we examined him and he denied every thing but at last we came to the Tavern we examined him and he denied every thing but at last we shewed him the Letter and he owned he had such a Consin and another that he did not know but that he did not lodge there then and when he came to the Sessions-House Lawrence and Kelloway were produced before him and were examined what Account they had given to him when they came to his House they told him after the Duke of Monmouth was beaten they ran away to London and Kelloway being his Cousin brought Lawrence with him they told him the Duke was beaten and lay there Friday night Saturday night Sunday night and Monday night Mr. Jones He owned he knew Kelloway Mr. Crisp Yes L. C. J. And that Kelloway had been in the Duke's Army and that he was beaten M● Crisp Yes L. C. J. Jones What did Ring say upon it Mr. Crisp Ring said nothing there to it he confessed he lodged them 2 or 3 nights Counsel Swear Mr. Hardisty Which was done Mr. Att. Gen. Mr. Hardisty pray will you give my Lord and the Jury an account of his Examination Mr. Hardisty I was directed to attend my Lord Mayor at the Examination of Mr. Ring the Prisoner at the Bar above here in the Room and did accordingly and upon Examination my Lord he did make this Confession This is the Examination and it is as he gave it in himself and signed by himself L. C. J. Jones And read to him Mr. Hardisty Yes half-a-dozen times I believe Mr. Comm. Serj. My Lord upon the appearing of Lawrence and Kelloway before him then he confessed all The Examination of William Ring of the Parish of St. Clement Danes in the County of Middlesex Taylor taken before the Right Honourable Sir James Smith Kt. Lord Mayor of the City of London this 18. day of July 1685. who being examined saith as followeth THat Joseph Kelloway and one Henry Lawrence the said Kelloway's Acquaintance came to this Examinant's House on Friday or Saturday last That this Examinant did ask of Kelloway being this Examinant's Kinsman what did drive them to Town That they told this Examinant that they went to Monmouth that he was routed and that brought them to Town or to that purpose That they were in Monmouth's Army That the night they came he this Examinant told them he was unwilling to lodge them That he this Examinant did lodge them after this Discourse Saturday Sunday and Monday nights and they dined twice with this Examinant That they were at his House on Friday morning but where they lay on Wednesday and Thursday saith he knows not Saith that Lawrence sent this Examinant to a Glover in St. Bartholomews Close who was a Journey-man in the House as this Examinant supposeth and told the Master of the House that there was a Kinsman of his Journey-man's would speak with his Journey-man Saith Kelloway and his Acquaintance told this Examinant that they left their Horses at Newberry That a Note being produced directed to this Examinant to deliver several Goods therein mentioned and being examined upon the said Note this Examinant saith That he this Examinant was sent for to the Castle Tavern near Shoe-lane in Fleetstreet and one Bond brought this Examinant the Note above-mentioned and now produced to him believes the Note to be the hand-writing of James Hooper That this Examinant was there to enquire of one Hearne but expected to meet James Hooper who formerly told this Examinant that he went by the Name of Hearne That being in Discourse with James Hooper about the time of the late Duke of Monmouth's Landing James Hooper told this Examinant that his the said Hooper's Brother was with the Duke of Monmouth and that he the said James Hooper would go to him the said Duke or to that purpose Further this Examinant saith That about a Fortnight ago he carried according to a Note from Hooper to that purpose to a Joyners House in Ivy-lane London a Cravat and a pair of Cuffs and then enquired for Hooper of a Woman of the said house and saith that then he this Examinant did speak with James Hooper who lay private there because as this Examinant believes the said Hooper was concerned in the Rebellion Saith he hath not seen him the said Hooper this Fortnight nor heard from him otherwise than by the Note now produced Will. Ring Taken before me Sir James Smith Lord Mayor Mr. Att. Gen. Call Mr. Richardson to prove that these were the same men that were carried down Who was sworn Mr. Richardson Pray give an account whether these were the men you carried down into the West Mr. Richardson My Lord those two Persons that is Joseph Kelloway and Henry Lawrence that were committed for being in the late Rebellion I carried them both down into the West where they were both Convicted one is executed and the other hath a Reprieve Mr. Just Withins Henry Lawrence was Capt. Hunt's man Mr. Richardson The same he ran away with his Horse and Arms. L. C. J. Jones Can you tell these were the same men that were present at his Examination Mr. Richardson The very same men they were committed at the same time he was examined before them for they were all committed at the same time together
testified by the other Witnesses and upon his own Examination makes it as clear and plain as can be that he did receive these Persons into his house and comfort them and entertain them knowing them to have been guilty of High-Treason that is to have been in the Army of Monmouth of that Party and that they came to London and went away from the West because he was beaten and there is an Expression in the Examination to that purpose so that I take the Indictment to be very fully and clearly proved upon him and it is not his Ignorance of the Law that will excuse him that is his ignorance of the Danger that he hath incurr'd by entertaining these People altho you cannot but take notice that he was in some dread had fear that it was an offence to do so for at fi●st he says by his Examination that he did refuse to entertain them which shews that he had some consideration of the danger that he might incur by receiving them and yet after this plain Discourse of theirs that they were in the Army he entertains them That they were the same men that were in the Army appears plainly for though at first he did deny it and did stand in it before he was confronted by the men they being present yet afterwards he did confess that they were the men that were entertained by him and that they were the same men doth appear by the Testimony of Capt. Richardson who saw them and afte●wards caused them to be b●ought down to the West where one of them was executed for Treason So I must leave it to you Gentlemen I think it in a very plain case M● Ring Here is abundance of these things that I know nothing of Counsel Set John Fernley to the Bar. Which was done Clerk John Fernley hold up thy hand You that are sworn look upon the Prisoner and hea●ken to his Charge He stands indicted by the Name of John Fernley c. prout ante Mr. Ph●p● This is an Indictment of High-Treason against John Fernley the Prisoner at the Blin● it sets forth 〈◊〉 the said John Fernley knowing one James Burton to be a Traitor and to have conspired against the Life of the King did traiterously conceal she said Burten two days and two nights and gave him Meat and D●ink against the Du●y c. Mr. Sol Gen. May it please your Lordship and you Gentlemen of the Jury this Prisoner stands indicted of Treason for receiving and harbouring one James Burton who was guilty of Treason he knowing him to have been guilty of Treason And the course of our Evidence will be this We will prove that this James Burton stood our lawed for Treason before he committed a new Treason when he went into the West and was there with Monmouth in the late Rebellion and tho Gentlemen the very Outlawry against the said Burton is enough to satisfie any man that this man could not be ignor and that he was a Traitor for no man can imagine when a man stands out a Process till he become out-lawed for High-Treason that any should be ignorant that he is guilty of Treason and that it would be very dangerous to receive a man after that without any more evidence But this Burton after he was out-lawed and fled came again and was in Arms with Monmouth in the Rebellion and after their Defeat he came up to Town and Fernley knowing he had been then in the West vvith Monmouth he received him and harboured him and this vve vvill prove by Witnesses First vve vvill shevv the Record of the Outlavvry Clerk An Indictment preferr'd against James Burton and divers others for High-Treason for which the said Burton and divers others stand out-lawed by the Return of Samuel Dashvvood Esq and Sir Peter Daniel Sheriffs This is the Record it self my Lord. Counsel Svvear Mr. Ward Which vvas done Mr. Just Withins Look upon it Mr. Ward is that the Record Mr. Ward Yes it is my Lord. Mr. Just Withins Pray see vvhen the Outlawry vvas Mr. Hardisty Upon Monday next after the Feast of St. Martin Bishop the said Richard Rumbold Richard Goodenough Francis Goodenough here are the Names of a great many men Mr. Just Withins Is James Burton among them Mr. Hardisty On Monday next after the Feast of St. Michael the said Richard Rumbold James Burton Richard Nelthorp are out lawed and every one of them is out lawed It is November was Tvvelve-month Call James Burton Who was svvorn Mr. North. James Burton stand up there Do you give my Lord and the Jury an account concerning your being in the West and your being entertained here at Mr. Fernley's House with all the Circumstances Mr. Burton I came out of the West into London on Wednesday night from Monmouth's Army L. C. J. Jones What Wednesday night Mr. Burton Truly I have forgot the day of the month but it was about Weeks after the Rout and I came home to my Wife and stayed two Nights and she was not satisfied I should be there and vvent to endeavour to get a Lodging for me for 2 or 3 nights and she vvent to get leave at Mr Fernley's for me to be there 2 or 3 nights and I vvent thither on Friday night and on Sabbath-day in the Evening I vvas taken there Mr. Sol. Gen. Speak aloud say that again Mr. Burton On Wednesday night I came out of the Country after I had been in the Army I came home to my Wife and stayed till Friday night and on Friday night she got me a Lodging at Mr. Fernleys there I vvent about 10 a clock at night and stayed there till Sunday night and I vvas taken Mr. Just Withins Did you see Mr. Fernley Mr. Burton I savv him at Dinner on Sunday and not before L. C. J. Jones What Acquaintance had you before He does not keep a Publick House does he Mr. Burton I had been gone two Years or very nigh L. C. J. Jones What was the occasion of your going Mr. Burton My Wife was acquainted there L. C. J. Jones What was the occasion of your going away and your Absence for two Years Mr. Burton The occasion of my going then was I was in the Proclamation for being with Rumbold at the Mitre Tavern within Aldgate Mr. Just Levins Fernley knew you before did not he Mr. Burton He knew me by sight Mr. Just Levins Had You any Acquaintance with him Mr. Burton I lived pretty near to him for a while Mr. Just Lev. How near Mr. Burton I lived within 2 or 3 doors of him Mr. Just Levins Did he know you Mr. Burton Yes Yes he did know me Mr. Just Levins You came to lodge at his house on Friday night Mr. Burton Yes an 't please you Mr. Just Levins Had you no Discourse till Sunday you dined together Mr. Burton No not till Sunday at Dinner Mr. Just Withins Tell your Discourse at Dinner Mr. Burton My Lord I have forgot what altogether the Discourse
Mr. Cornish Mr. Cornish Mr. Attorney with submission I hope I ought to have it Mr. Att. Gen No you ought not to have it You have your peremptory challenges you may challenge 35 without cause L. C. J. Jones You shall have a copy of the Pannel here Mr. Att. Gen. Yes here he may Mr. Cornish It is a very hard case when I have a material Witness so far out of Town that I can't have a little time allotted L. C. J. Jones Can't every man that comes here to be tried say the very same thing that he hath a material Witness in France Spain or any where else and that when that Witness comes his Innocence will be as clear as the Sun Mr. Cornish My Lord my Witness is in Lancashire I cannot help it I beseech your Lordship to consider me I am apt to believe that he would so much vindicate my reputation in this matter that it would be a very great satisfaction to your Lordships and I am sure you are not for oppressing any man L. C. J. Jones No Sir that we are not Mr. Cornish I am sure you are for the just vindication of the Government for executing of Justice and I will desire no other than that L. C. J. Jones Mr. Attorney if you pray he may be tried we can't deny it Mr. Att. Gen. Mr. Cornish I cannot defer it I have no authority and why you should be in another condition than other Prisoners I don't know you have not deserved so well of the Government Mr. Cornish I have not the names of the Wards where these men live and their Trades Mr. North. He hath a copy of the Pannel and that is sufficient L. C. J. Jones You may ask them where they live Mr. Cornish I hope I may have Pen and Ink my Lord. L. C. J. Jones Ay ay Then the Jury were called and after Mr. Cornish had challenged 35 of them the Jury sworn were as followeth Thomas Rawlinson Thomas Langham Ambrose Istead Thomas Pendleton John Grice Thomas Oneby William Clowdesley Richard Holford William Longboat Steven Coleman Robert Clavel William Long. Proclamation being made If any one can inform c. Mr. Cornish was set aside and Eliz. Gaunt at the Bar. Clerk Elizabeth Gaunt hold up thy hand which she did You of the Jury look upon the Prisoner and hearken to her Cause She stands indicted by the name of c. as befo●e in the Indictment Upon this Indictment she hath been arraigned and thereunto pleaded not guilty and for her Trial hath put her self upon her Countrey which Countrey you are Your Charge is to enquire whether she be guilty of this High-Treason whereof she stands indicted or not guilty If you find her guilty c Councel Mr. Phips May it please your Lordship and you Gentlemen that are sworn Elizabeth Gaunt the Prisoner at the Bar stands indicted for that she knowing James Burton together with other Traitors traiterously to have conspired the death of the late King and to raise Rebellion in this Kingdom did harbour the said James Burton and gave him 5 l. in money Mr Att. Gen. May it please your Lordship and you Gentlemen that are sworn the Prisoner stands indicted for harbouring of Burton who was a great Traitor and for procuring a way for his escape beyond sea and also for giving him 5 l. to bear his charges In the former Trial you had an account of her Husband and in this you will hear she and her Husband were the great Brokers for carrying over such Traitors as my Lord Shaftsbury and others these have taken care to convey them over at all times We will produce our Witnesses Call Burton and his Wife Mr. Burton sworn Mr. Att. Gen. Do you know Mrs. Gaunt Mr. Burton Yes Sir Mr. Att. Gen. Pray give my Lord and the Jury an account how she harbour'd you and all the passages that past between you and Mrs. Gaunt Pray tell first whether you were engag'd in the matter of the Rye Mr. Burton How I came concerned I will tell you if it please you Mr. Att. Gen. Speak Mr. Burton The first time I knew any thing of it Mr. Keeling came to me one Saturday-morning and asked me if I was to go to London I said Yes I was to go to the Exchange and he desir'd me to meet him at the Mitre-Tavern within Aldgate and ask for Number Five I came at the time and no body being there I was going away and met with a Countrey-man with a stick in his hand that had but one eye he came and ask'd for the same Number So the Gentleman sent his Boy after me and told me one stay'd for me When I came he ask'd me if I ask'd for Number Five and I said Yes By whose appointment By Josiah Keeling's said I. So he ask'd the man of the house to shew a Room He shew'd a Box but he would have a Room and went up stairs and call'd for Pipes and a Candle and a pint of Wine In a little while Keeling came in and brought Barber and Thompson and no body spake almost any thing but Rumbold that was Rumbold with one eye for Keeling when he came in call'd him Capt. Rumbold and Rumbold talk'd about Priviledges and such things at first and he said his house was a convenient house and there they might do the business but before they had done I found they design'd to kill the King but nothing troubled him but killing the Postillion to kill a man in cold blood But then says we If you are for killing we have done and so broke up that was the end of that A while after Mr. Keeling went in and made a Discovery I never came among them afterwards So after Mr. Keeling had discovered I was in the Proclamation for being there at that meeting and absconded my self and lay hid A matter of two months after Mrs. Gaunt came to enquire of my Wife where I was to speak with me she brought her to me She told me there were some persons about to make an escape and would have me go along with them I told her with all my heart So I ask'd her which way and how they intended to go She told me they had provided Horses to ride down to Rochford-Hundred and there was a Vessel to carry them over and says she be ready by such an evening and I will call for you Accordingly she did had me into Bishopsgate-street and in Half-moon-Alley in a little Brew house up stairs in a Chamber there were both the Rumbolds one of them did not go and the other and I lay there all night and in the morning a man came and called us away and we went to White-Chappel to take Horse to ride down to Rochford-Hundred and staid for the Vessel two days and when we met the Vessel it was a small Vessel and bad weather and the Master of the Vessel had but one hand and two Boys one a very little one and
one of the Consultations concerning it and that afterwards be did withdraw himself from the Company as he saies but he saies that this Womans Husband being likewise concerned in the Plot and this woman as he believes knowing that he was able to make some Discovery concerning her Husband and knowing also his danger in respect of his own guilt she endeavours to send him away first to Rochford and so to go beyond Sea And afterwards in another place in Houndsditch and from thence he was to be conveyed beyond Sea It is true there is no direct proof that there was any particular mention that Burton was in the Proclamation for that Treason but the woman saies and Burton himself saies that they do both verily believe that the Prisoner at the Bar did know he was in the Proclamation and therefore there was no particular discourse concerning it and she her self being examined saies she might hear that his name was in the Proclamation and she might hear that his house was searched and that he could not be found and yet notwithstanding all this she endeavours to conceal him What can be the meaning of all this in this woman but that she was very zealous to maintain the Conspiracy and was a great Assistant to all persons that were concerned in it She will not tell you any other cause wherefore she should be concerned to convey this man beyond Sea and therefore in all reason you ought to conceive it was for this it was a known cause made known to all people by the Kings Proclamation If you believe she did know or believe Burton to have been guilty of that Treason and that she did help to convey him away as the Witnesses have proved that she did by giving him money and soliciting him several times to be then you ought to find her guilty Then the Jury desiring to ask a question Burton was called again but being gone out of Court was sent for and Mr. Cornish was set to the Bar. Clerk Henry Cornish Hold up thy hand you of the Jury look upon the Prisoner and hearken to his Cause he stands Indicted by the name of Henry Cornish late of the Parish of St. Michael Bassishaw in the Ward of Bassishaw London Merchant c. as before in the Indictment Upon this Indictment he hath been Arraign'd and thereunto pleaded Not Guilty c. Counsel Mr. Phips May it please your Lordship and you Gentlemen that are sworn Henry Cornish the Prisoner at the Bar stands Indicted for that he knowing that the late Duke of Monmouth William Russel Esq the late Lord Gray and other Traitors had conspired the Death of the late King and to raise Rebellion in this Kingdom did promise to aid and assist them in compassing this wicked imagination against the duty of his Allegiance c. to this he hath pleaded Not Guilty c. Mr. Cornish I am innocent of the whole matter Officer Burton is come L. C. J. Jones Let us make an end of that first In the Evidence that you gave against Elizabeth Gaunt you said that you did receive money from her 5 l. or some such sum Mr. Burton Yes an 't please your Lordship L. C. J. Jones Did she owe you any money Mr. Burton No my Lord. L. C. J. Jones Upon what accompt was it you received that money Mr. Burton She gave it me L. C. J. Jones Upon what accompt was it To assist you in your Escape Mr. Burton She knew I was bare of money and gave it me of her free will L. C. J. Jones And it was at that time you went away Mr. Burton Yes Mr. Just Withins It was to assist you in your Escape Mr. Burton Yes I believe so Mr. Com. Serj. Who paid your Boat-hire Mr. Burton I paid none I don't know the Waterman can tell Mr. At. Gen. May it please your Lordship and you Gentlemen of the Jury Mr. Cornish the Prisoner at the Bar stands Indicted for contriving the Death of the late King and for raising Rebellion in the Kingdom and is charged that he did consent to be assisting to that Rebellion that was then designed it is not unknown to you Gentlemen for there have been several Tryals of that Conspiracy That there was a great Rebellion designed in England by the late Duke of Monmouth the Lord Russel and Sir Thomas Armstrong and particularly Gentlemen there was a Meeting which already hath appeared in publick at Mr. Sheppards House where the Lord Russel the late Duke of Monmouth Sir Thomas Armstrong Mr. Rumsey and the late Lord Gray met to consider and adjust matters At that Meeting Mr. Cornish indeed came in very late for he was invited and knew the Design then he came in late and so was not at the whole Discourse but there was a Declaration framed to be put out when they should Rise and they did acquaint Mr. Cornish with it and they read it to Mr. Cornish and Mr. Cornish did like it very well and promised he would be assisting as we will prove to you Gentlemen Another Instance of Mr. Cornish's Rebellion for I need not tell you what part he acted when he was Sheriff and maintained that that was the ground work of the Rebellion setting the Commonalty against the Government of the City Another Instance we will give you is his Under-Sheriff that was employed to divide the City and to raise men within the City having discourse with Mr. Cornish about settling that matter he liked it very well and promised he would be assisting to him and you may easily presume Mr. Goodenough the Under-Sheriff was very privy to all the acts of Mr. Cornish at that time We will call our Witnesses Mr. Rumsey Mr. Cornish I desire the Witnesses may be kept apart Mr. At. Gen. They are so two times Mr. Cornish You will find me guilty of neither I am as innocent as any person in this Court Mr. At. Gen. So was my Lo●d Russel to his death Mr. Cornish do you remember that Mr. Cornish Mr. Attorney General I speak in the presence of the great God I am as innocent as any man in this Court Mr. At. Gen. Mr. Rumsey pray will you give my Lord and the Jury an Account of the Insurrection that was to have been in England in the late King's time and what concern the Prisoner had in that affair Mr. Rumsey My Lord about the later end of October or the beginning of November my Lord Shaftsbury desired me to go to Mr. Sheppard's house where there was a Meeting of those Gentlemen that I did name before the Duke of Monmouth my Lord Russel my Lord Gray Sir Thomas Armstrong and Mr. Ferguson and Mr. Sheppard and accordingly I went I came late there my self for they were just going away when I came in I told them my message and they told me they were disappointed by Mr. Trenchard I had not been there a quarter of an hour but we were going away and Mr. Sheppard was call'd
here to hear impertinencies God forbid Sir I should hinder you from giving any Evidence but this is not at all material Mr. Cornish If your Lordship please to let Mr. Jekyl come he will tell you what this man did declare why I was against him L. C. J. Jones If you had not entertain'd Mr. Goodenough then there might be something of malice in it but you did receive him Mr. Cornish I had private Covenants with Bethel before I would let him come into the Office Mr. Jekyl pray will you declare to my Lord and the Jury what aversion I had against Mr. Goodenough's being Under-sheriff Mr. Jekyl Truly my Lord Alderman Cornish and I living near together I had occasion to go to him several times about Bills of Exchange and he told me when he was Sheriff how he was troubled with Bethel because he would put Goodenough upon him for I don't intend to have him says he for I know he is obnoxious to the King and Government and desired me to speak to Mr. Bethel about it but I had no acquaintance with him 'till he was Sheriff And some came to me to desire me to speak to Alderman Cornish to receive Goodenough truly says I I find him so averse against him that it is not for me to persuade him to take a Servant he must put such trust and confidence in for I saw Alderman Cornish was so averse to it that I would not do it Mr. Sol. Gen. Pray do you think in your Conscience he was more obnoxious to the Government than his Partner Sheriff Bethel was Mr. Jekyl I must confess I have heard much of Sheriff Bethel but I never heard that Cornish was any disaffected man to the Government M. Sol. Gen. But which was the most disaffected man to the G●●ernment Bethel or Goodenough Mr. Jekyl Truly as I remember he said he would not have him because he was obnoxious to the King and Government Mr. Just Withins This Gentleman was in a limb of the Plot himself as great a Rioter and as hot as any of them this Evidence that they call I remember you Mr. Jekyl He assure you Mr. Cornish If Sir William Turner be upon the Bench I desire him to speak L. C. J. Jones We will hear Sir William Turner any thing Mr. Cornish I desire he would declare how I was used Sir William Turner I don't remember that ever I saw Mr. Goodenough's face before this time so I have nothing at all to say against him nor can I say any thing but what Mr. Cornish told me and that was he once came to my House some time after he was chosen Sheriff and told me that Mr. Bethel pressed very much for taking Goodenough to be his Under-sheriff that he had no mind to accept him and he would propose another and it caused a great difference but it was at last composed but how I can't tell L. C. J. Jones Now Mr. Cornish by my consent if you will call all the Aldermen upon the Bench whether they will or will not say the same thing for my part I will agree that they have given Evidence if they will be contented themselves to the same purpose Mr. Cornish My Lord I shall not give your Lordship unnecessary trouble but I think it is convenient to call some Witnesses to prove the manner of my Life and Conversation L. C. J. Jones Your Life hath not been in the dark Mr. Cornish The Dean of Canterbury Dr. Tillotson who did not appear L. C. J. Jones Will any man attest your Loyalty in London Mr. Cornish The Dean of Norwich Dr. Sharp Is the Dean of Norwich here Officer No Sir Mr. Cornish My Lord here is Mr. Lane I desire he may be asked what he knows Mr. Lane Upon the Tryal of my Lord Russel according as Mr. Cornish desires I may be heard it is with respect to Colonel Rumsey's Evidence Colonel Rumsey says in my Lord Russel's Tryal he did not hear the Declaration read because it was read before he came there Mr. North. Were you present at my Lord Russel's Tryal Mr. Lane No Sir Mr. Justice Levins Sir that signifies nothing Mr. Cornish That is a very material thing my Lord. L. C. J. Jones What is it is no proof at all Mr. Cornish Not the Printed Tryal L. C. J. Jones No. Mr. Cornish It is by Authority L. C. J. Jones Any body that was present may swear it Mr. Cornish My Lord I desire I may have the Minister of the Parish Dr. Calamy for my constancy at my Parish Church and receiving the Sacrament according to the Rites of the Church of England that I am to all appearance a Person that does as well affect the Government as any man L. C. J. Jones I doubt you are all appearance Dr. Calamy My knowledg of Mr. Cornish hath been since I came to be Minister of the Parish which is about two years a little above two years whenever he was in Town he did use to come to Church as constantly as any one and come with his Family to Prayers and did come to the Sacrament and he did not only come at Easter to save himself from a Presentment but at our monthly Communion and since I have been Minister of the place I have often conversed with him All that I can say is that I never heard him say a disrepectful word of the Government L. C. J. Jones I hope he took you to be a man of another Kidney Dr. Calamy I marked his words because of the Character I had heard of him Mr. Att. Gen. Pray what was the Character he had before those two years Dr. Calamy That was what was publick Mr. Cornish Joseph Reeve Esq Mr. Reeve My Lord I received a Sub-poena from the Prisoner at the Bar yesterday I have been acquainted with him about fourteen or fifteen years and had a considerable trade with him and sometimes we had some conversation and drank a glass of Wine together I thought he was always very Loyal and drank the late King's Health and this King's Health and all the Royal Family I have no more to say Mr. Cornish Mr. John Cook L. C. J. Jones What do you examine this Witness to Mr. Cook My Lord I have dealt with him for these twenty years last past I always found him a very honest man and a just man and very upright in his dealing I always reckon'd him a very honest just man I have dealt with him for great sums and always knew him very just and upright L. C. J. Jones Your Observation of him as to the Government Mr. Cook I never knew any thing to the contrary but that he was always very Loyal Mr. Cornish Mr. John Knap L. C. J. Jones Mr. Cornish it is not impossible for you to produce men enough that shall say they know nothing against you concerning the Government and that you have been a Loyal man sure those you chuse will say so you have chose them and perhaps