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A53380 A display of tyranny, or, Remarks upon the illegal and arbitrary proceedings, in the courts of Westminster, and Guild-Hall London from the year, 1678, to the abdication of the late King James, in the year 1688, in which time, the rule was, quod principi placuit, lex esto : the first part. Oates, Titus, 1649-1705. 1689 (1689) Wing O35; ESTC R16065 100,209 272

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Richard Pagget John Serle John Haines Esquires The King's Counsel were Sr Creswell Levens The Attorney General Mr Ward The evidence of this practice subornation was very clear and full particularly Mr Bedloe witnessed that Reading had often treated with him about mincing his Evidence for the bringing off the Lords and Sr Henry Titchborne and gave him Money at several times and did draw up a Paper of what Bedloe should Swear and did carry it to the Lords in the Tower to be viewed and corrected by them Mr Speke testified that Bedloe had from time to time informed him how the Treaty was carried on that upon the 29 th of March 1679. Mr Speke and VViggins Bedloe's Servant being concealed in his Chamber Mr Reading came and in the first place asked whether any body could hear their discourse and being assured that he was secure and secret he told Mr Bedloe upon his demand what the Lords in the Tower said and what my Lord Stafford said that as to my Lord Stafford he should be sure of the Estate in Gloucester-shire which had been promised to be setled upon him for my Lord had ordered him to prepare a blank Deed which within ten days after his Discharge should be perfected and the rest of the Lords did assure him that after they were acquitted in proportion to the service he did them in lessening of his Evidence he should have a plentiful Reward That Bedloe did then demand to have something under their hands but Reading said that they think that not convenient but I do take their Words and you must take mine and then promised to go to the Lords in the Tower against Munday to prepare and bring him the Instructions from them for his Evidence Mr Speke added that upon the Munday morning he was to watch and see the Delivery of the Paper and did see Reading put it into Bedloe's hand in the painted-Chamber who immediately delivered it to Mr Speke This Paper was all of Mr Reading's writing and being read in Court was found to contain the purport of the Evidence to be given against the Lords and was so ordered that the whole was only hear-say and could no way touch them Wiggins agreed with Mr Speke in the Evidence given of the Transactions between Mr Bedloe and Mr Reading in Mr Bedloe's Chamber Reading coming to make his Defence offered nothing against the credit of the Witnesses but did in effect confess all they had testified and the whole matter charged in the Indictment and in truth he was the greatest witness against himself as was well observed after he was found guilty by the Right Honourable Sr Robert Atkyns then one of the Judges of the Common-Pleas but soon after thrust out for non-Compliance with Sr Francis North then Chief Justice and is now most deservedly Lord Chief Baron of the Exchequer and Speaker of the House of Lords The Jury having brought him in guilty he was fined 1000 l. adjudged to a years Imprisonment and to be set in the Pillory upon the munday following for the space of one hour in the Palace-Yard in VVestminster When the late King James ascended the Throne he was a particular Favourite and his Suffering in this matter was well rewarded It may not seem impertinent to present the Reader upon this occasion with so much of Captain Bedloe's solemn Death-Bed Declaration as the Lord Chief Justice North allowed the World to see His Lordship was pleased to acknowledge that he took Captain Bedloe's Examination upon Oath at Bristol upon the 16 th of August 1681. And that he declared that the Duke of York had been so far engaged in the Plot that there was no part that had been proved against any Man that had suffered but he was to the full guilty of it all but what tended to the Kings Death from the trouble whereof the Jesuites had undertaken to deliver the Duke And his Lordship added that Mr Bedloe told him he lookt upon himself as a dying Man and that he must shortly appear before the Lord of Hosts to give an account of all his Actions and that because many persons had made it their business to baffle and deride the Plot He did for satisfaction of the World there declare upon the Faith of a dying Man and as he hoped for Salvation that whatever he had testified concerning the Plot was true and that he had many Witnesses to produce who would make the Plot as clear as the Sun. That the Jesuites had resolved the King's Death and would spare him no longer than he continued to be kind to them And that they resolved to set up an Head for their Cause here whatever came of it and said that if they should slip the opportunity they then had they should never have such another Notes upon the Tryal of Thomas Knox and John Lane for a Conspiracy to Defame and Scandalize Dr Otes and Mr Bedloe thereby to discredit their Evidence about the Popish Plot At the Kings-Bench Bar at VVestminster upon the 25 th of November 1679. The Judges then upon the Bench were Sr VVilliam Scroggs Lord Chief Justice Sr Francis Pemberton and Sr Thomas Jones THe unlucky miscarriage of Reading's attempt to corrupt the King's Evidence or to overthrow the credit of their Testimony deterred not others from prosecuting so pious a work for that is instantly succeeded by the cursed Conspiracy of Knox and of Lane and Osborne the one lately the other at that time a Servant to Dr Otes but Justice overtook them as the following Scheme of their Tryal shews The Indictment being read upon their pleading not guilty the following Jury was sworn Sr John Kirke Kt. John Roberts Thomas Harriot R. Waterhouse Henry Johnson Thomas Earsby Simon Middleton Joseph Ratcliffe Hugh Squire James Supple Francis Dorrington Richard Cooper Esq. The King's Counsel were Mr Attorney General Mr Solicitor General Mr Serjeant Maynard Sr Francis VVinnigton Mr VVilliams Mr Thomas Smith Mr Trenchard For Knox Mr Saunders Mr VVithens and Mr Scroggs For Lane Mr Holt assigned by the Court. The Indictment opened by Mr Trenchard was that whereas Colman Ireland Pickering and Grove conspired to destroy the King and change the Religion Established by Law to introduce Popery and were thereof Convicted Attainted and Executed And whereas the Lord Powis Lord Arundel of VVardour and others were accused of those Treasons and Impeached for the same in Parliament c. The Defendants knowing Mr Otes and Mr Bedloe had given Information of these Treasons to stifle the Evidence and scandalize them did conspire to represent them as wicked Persons and of no credit And the Indictment further sets forth that Knox with the agreement of Lane and Osborne caused Letters to be wrote with contrivance to accuse Otes and Bedloe that they had conspired falsly to accuse the E. of Danby And that Otes had attempted to commit Sodomy with Lane that to effect those wicked designs Knox gave several sums of Money to Osborne and
was no Popish Plot. The Jury without stirring from the Bar found them all three guilty of the Information and the judgment was that Farwell and Thompson should stand in the Pillory in the Palace-Yard for one hour the last day of the Term and each of them pay 100 l. Fine and to be Imprisoned till paid and that Paine should only pay 100 l. Fine and be imprisoned till paid Upon the 5th of July 1682. according to the judgment Thompson and Farwell stood in the Pillory with this Writing over their Heads For Libelling the Justice of the Nation by making the World believe that Sr Edmundbury Godfry murdered himself Tho' this bold and daring Contrivance of these Champions for Holy Church was thus happily defeated and their own Counsel did not only declare that it was an unadvised undertaking but some of their own Gang began to say that the Devil owed them a sham yet no doubt of it the design was better laid then some imagined But what fence for ill luck They did confidently relie upon the Council-Board to cherish the undertaking and to instruct the prosecution thereof and nothing disappointed them there but an unlucky mistimeing the matter They also knew full well that the credit of Popery must be restored and that by suppressing the evidence of their Plot and that if one thing failed another would hit they remembred the Prophecy of one of the Guides of the hare-brain'd Toryes Heraclitus Ridens who fore-told soon after the election of Sr John Moore to be Lord Mayor that at or before 1683. they should have Juries for their turn and that then talking to the Whiggs about hanging that Author with great assurance told them They must come to 't and should come to 't so that all had been Cock-sure if they had tim'd it so as to have had it tryed before any one of the corrupt and murdering Juryes which that year of 1683. furnished for my Lord Russel Colonel Sidney and others Reflections upon the Tryal of Thomas Pilkington Esq and Samuel Shute Esq Sheriffs of London And of Ford Lord Grey Alderman Cornish Sr Thomas Player Slingesby Bethel Esq Mr Francis Jenks Mr John Deagle Mr Richard Freeman Mr Robert Key Mr John Wickham Mr Samuel Swinnock Mr John Jekyl and Mr R. Goodenough Vpon an Information for a pretended Riot at Guild-hall at the day for Election of Sheriffs being the 24th of June 1682. THe Conspirators having in the beginning of the Year 1681 delivered themselves from the danger of Parliaments They well knew that there then stood nothing in their way but the old fashioned abhorred way of Tryals by Juryes Therefore they must now to cut off all who stood in their way have Jury-Men as they had already Judges at their own Nomination and Devotion so In October 1681 Sr John Moore is made Lord Mayor of London than which to the discerning part of Mankind nothing was more portentous nor of worse Omen and the dire effects with that foreboded were quickly felt For now the Lord Mayor giving himself up intirely and implicitly ●o the dispose and conduct of Sr Leoline Jenkins all things went according to the Will of the Conspirators The great care now is how to get such Sheriffs as would furnish proper Juryes to serve the turn for securing this great point the Mayor is closely plyed by their little Engines in the City and directed to insist upon a pretended Prerogative to elect one of the Sheriffs This point being gained upon him they bethink themselves of a fit Man and incline to Sr Benjamin Newland but at length they pitch upon Mr North lately returned from Turkey Brother to the Lord Chief Justice North He readily embraces the Employment and before the day for election of Sheriffs was come a thing never before known he seals a Bond to the Court of Aldermen to hold Sheriff and the Gazette proclaims it to the World that the Lord May or had elected Dudley North Esq Sheriff of London The Conspirators and the Mayor having thus acted the matter by concert Midsummer-day the accustomed time for Election of Sheriffs being come the Mayor insists to have Mr North admitted as one of the Sheriffs and his Party put up Mr Box to be joyned with him But the Citizens withstood the Mayor's Usurpation upon their undoubted Rights and proceeded according to immemorial Custom to Elect their Sheriffs and fixed upon those well-deserving and eminent Citizens Mr Papillon and Mr Dubois who were chosen upon the view by a very great majority of Voices Hereupon to gain time for Consultation how to trick this Election the Accomplices of the Conspiracy demand a Poll that being yielded to them the Sheriffs went upon the takeing the Poll and it being far proceeded upon and it appearing that there were two to one of the Electors polled for Mr Papillon and Mr Dubois the Mayor was sent with a Rabble in a Tumultuous manner to interrupt the finishing the Poll by Adjourning the Court. The Sheriffs Mr Pillington and Mr Shute well knowing the Managment of the Election to belong to them continued for some time to proceed in takeing the Poll and then adjourned to the Tuesday following The Conspirators call this a Riot as in truth it was of their own side and the Council at Whitehall commit the Sheriffs to the Tower and there lock them up till by an unlucky English Instrument called an Habeas Corpus the Tower Gates were forced open they nevertheless with undaunted resolution persisted to assert their own and the Citizens Rights and declared Mr Papillon and Mr Dubois to be Elected Sheriffs Then it was proposed and consented to that a new Poll should be taken which being done it appeared that Mr North had 170 Voices Mr Box 1353. and Mr Papillon and Mr Dubois upwards of 2700. and they are a second time declared to be Elected Sheriffs Thereupon upon the 20 th of July divers eminent Citizens attended the Lord Mayor and Court of Aldermen and for themselves and on behalf of the rest of the Citizens demanded that they would cause Proclamation to be made for Mr Papillon and Mr Dubois to appear and seal Bonds according to Custom to take the Office of Sheriffs And at the same time they entered a Caveat to Mr Wagstaffe the Town-Clerk against the swearing and admitting Mr North and Mr Box Sheriffs However the Lord Mayor by the direction of Sr L. Jenkins and the influence of Saunders and of Jefferies both declared Enemies to the City Rights and at that time of Council with the Conspirators for the overthrow of their Antient Charters assumes the boldness to declare both Mr North and Mr Box Sheriffs and so ravishes from the Citizens the right to Elect either of the Sheriffs But Mr Box appearing to be endued with a better stock of Discretion than to undertake the Office upon that Title declined it Whereupon 't is resolved that Mr Rich shall be the Man and a Common-Hall being called a little before
Evidence He further observed very pertinently that Whitebread and Fenwick were present and heard the whole of the Evidence given by him upon the Tryal of Ireland that they were Tryed six Months after and in that time might have provided Witnesses to falsifie his Evidence they knowing what it was He urged that his Case was hard his Testimony having been received with credit And the Jury upon convicting the Jesuites being told by the Court That they had found an unexceptionable Verdict That all the Objections against the Evidence were then fully answered that there was nothing that the Prisoners had been wanting in to object which could be objected and that the thing was as clear as the Sun And that yet after six years he must be called to an account for Perjury in that Testimony of part of the Popish Plot with which the King and Kingdom four successive Parliaments all the Judges of the Land and three Juries were so well satisfied He further observed the several attempts to baffle his Testimony viz the Murther of Sr Edmundberry Godfrey who took his first Depositions and the contrivance of Payne Farewell and Thompson to make Sr Edmund Felo de se Then he produced these Witnesses viz. Cicilia Mayo who swore that she saw Dr Otes at Sr Richard Barker's House in Barbican the latter end of April or the beginning of May 1678 and that he came again thither within a few days and was frequently there That she remembred the time by a particular circumstance viz. her Master Sr Richard Barker's being sick all the Month of April All imaginable art was employed by the Chief Justice and the King's Counsel to perplex and confound this and all other the Witnesses for the Defendant by impertinent and puzling cross questions but she honestly and very boldly stood to it telling Jefferies that her Evidence was the Truth and nothing but the Truth to which he in a scoffing taunting way replyed Ay no doubt of it thou swearest nothing but the Truth She further added that the Defendant came in a disguise in a white Hat and coloured Clothes and went to Sr Richard's Ladies Sister Madam Thorold now in Wales who said to him Mr Otes I hear you are turned Jesuite and We can have no Society with you now That a Servant of Sr Richard's one Benjamine Turbet since dead law him at those times and told her that he was turn'd Jesuite That he Dyned with Dr Cocket and Madam Thorold both now in Wales and with her two Sons since dead and two Daughters now in Lincolnshire at Sr Richard Barker's House three or four days after his first coming to the House in the latter end of April John Butler Servant to Sr Richard witnessed that Dr Otes came to his Masters in disguise in the beginning of May before the Plot broke out hereupon Jefferies demanded how he could be able to swear to the precise time and vexed him with repeated questions the demand of reasons for his remembring the month tho by the way no such question was put to any one of the twenty St Omers Witnesses to which Butler answered that he was called to witness it about six or seven Months afterwards at Ireland's Tryal that he remembred the time by the token that in May Sr Richard was sick at Putney whether he went the latter end of April and stayed a fortnight The Solicitor General endeavoured to confound this Witness with abundance of Questions very little to the purpose and Jeffryes with little reason called his Evidence a wild Story without Reason Upon which the Defendant said Truly my Lord I do not find you were so strict in the examination of the St Omers Witnesses or bore half so hard upon them as you do upon my Witnesses Mrs Mayo being again and again interrogated and thwarted with apparent design to confound her did declare that she did see Dr Otes in May 1678. and that she spoke nothing there but as in the presence of the Lord Upon which Jeffryes said We are all of us in the presence of the Lord always and she retorted And shall answer before him for all that we have done and said all of us the proudest and the greatest here Philip Page swore that he could not remember the precise time but that Dr. Otes came to Sr Richard Barker's in a disguise when Sr Richard was sick at Putney whereupon the Defendant did well observe that the St Omers men did swear through-stitch but that his honest Witnesses were cautious it being so long ago Mr W. Walter a Minister swore that he met Mr Otes between St Martins Lane and Leicester-Fields in a strange disguise and that he did then observe the Elm-Trees in Leicester Fields budded forth as big as Hazel-Nuts so that by that token he reckoned it was between Lady-day and the latter end of April and that it was near a Year and a Quarter before the time when he was examined about this matter at the Tryal of the five Jesuits which was the 13th of June 1679. The Attorney-General called these Canting Witnesses that beat about the Bush and spoke of Uncertainties Then the Defendant proceeded in his defence and offered these Objections to the Validity of the Evidence brought against him 1. That a Papist in a Cause of Religion is not to be received and believed as a good Witness and this case did surely require Witnesses above all possible Objections against their Testimony But. Here Judge Wythens interposed saying Is not a Papist as good a Witness as a Dissenter Which was answer'd by citing Bulstrode's Reports part 2. 155. viz. A Popish Recusant is not to be admitted a Witness between party and party which was also my Lord Cok's opinion Wythens replyed May a Presbyterian be a good Witness Mr Otes and Holloway who had help'd the Blood-hounds to murder Stephen Colledge said Or would Mr Colledge have been a good Witness Mr Otes Most certainly by the rules of Law the Testimonies of these Persons ought not to have been offered in this Case to delude the People And it may be well observed here as it was lately in relation to the Popish Witnesses about the Birth of the pretended Prince of Wales That the Civil Law so fully concurs with our Common Law in rejecting Enemies to be Witnesses in the Cause of their Enemy that it denyes credit to what they may testifie in the cause of their Enemy with their dying Breath after they have received the Encharist That is the general Conclusion of the Doctors of the Civil Law Inimicus etiamsi in Articulo mortis constitutus accipisset Encharistiam repellitur a Testimonio Causae sui Inimici Objection 2. To the Testimony of the St Omers Witnesses was their education bred up in a Seminary against Law. To which Jeffryes answered Every Man that is bred a Dissenter is bredup against Law. Whereupon the Defendant saying My Lord I have not offered any Dissenter as an Evidence for me Jeffryes in a
having in his forementioned Paper mentioned the Opinion of King James the first delivered in his Speech to the Parliament in the Year 1603. I shall here to gratifie the Reader 's Curiosity transcribe a Paragraph or two of that Learned King's Speech viz. I do acknowledge that the special and greatest point of difference that is betwixt a rightful King and an usurping Tyrant is in this That whereas the proud and ambitious Tyrant doth think his Kingdom and People are only ordained for the satisfaction of his Desires unreasonable Appetites The righteous and just King doth on the contrary acknowledge himself to be ordained for the procuring of the Wealth and Prosperity of his People and that his great and principal Worldly Felicity must consist in their Prosperity That I am a Servant it is most true That as I am Head and Governour of all the People in my Dominion who are my natural Subjects considering them in distinct Ranks So if we will take in the People as one Body Then as the Head is ordained for the Body and not the Body for the Head so must a righteous King know himself to be ordained for his People and not his People for him Wherefore I will never be ashamed to sonfess it my principal honour to be the great Servant of the Common-wealth To this I shall subjoyn a few Words to the same purpose out of that King's Speech to the Parliament in 1609 Every just King in a settled Kingdom is bound to observe that Paction made to his People by his Laws in framing his Government agreeable thereunto And therefore a King governing in a settled Kingdom ceases to be a King and degenerates into a Tyrant as soon as he leaves off to rule according to the Laws Notes upon the Tryal of Sr Samuel Barnardiston Baronet at Guild-Hall London Before Sr George Jefferies Lord Chief Justice of the King's Bench upon the 14 th day of February 1683. upon an Information to the effect following viz. THat there having been a Horrid Plot lately discovered the Defendant to scandalize the Evidence wrote a Letter to this effect viz. That the return of the Duke of Monmouth and his being received into Favour with the King had made a great alteration at Court and that those who before spoke indecently of him did now court and creep to him Yesterday being the last of the Term all the Prisoners in the Tower upon the late Sham Protestant Plot were Bailed The Information against Mr Bavddon who Prosecuted the Murder of the Earl of Essex for a Subornation was not prosecuted and his Bail was discharged and the passing Sentence upon the Author of Julian the Apostate and the Printer of the late Lord Russel's Speech was passed over with silence Great Applications are made to the King for the pardoning Mr Sidney The Lord Howard appears despicable in the eyes of all men The Papists and high Tories are quite down in the Mouth Their Pride is abated and themselves and their Plot confounded but their Malice is not Asswaged It s generally said the Earl of Essex was Murdered The brave Lord Russel is afresh Lamented The Plot is lost here except you in the Country can find it out amongst the Addressers and Abhorrers And that he wrote in another Letter to this effect The King is never pleased but when the Duke of Monmouth is with him His Pardon was Sealed and delivered to him last Wednesday 't is said he will be restored to be Master of the Horse c. He treats all his old Friends with great Civility they are all satisfied with his Integrity and if God spare his Life doubt not but he will be an Instrument of much good to the King and Kingdom he said publickly that he knew my Lord Russel was as Loyal a Subject as any in England and that his Majesty believ'd the same now it would make you laugh to see how strangely our high Torys and Clergy are mortified their Countenances speak it Sr George is grown very humble It s said Mr Sidney is reprieved for forty days which bodes well And that in a third Letter he wrote thus The late change here in publick Affairs is so great and strange that we are like men in a Dream and fear we are not fit for so great a Mercy as the present Juncture seems to promise the Sham Protestant Plot is quite lost and confounded And that in a fourth Letter there are these expressions Contrary to all mens expectations a Warrant is signed for beheading Colonel Sidney at Tower-Hill next Fryday great endeavours have been used to obtain this Pardon but the contrary party have carried it which much dasheth our Hopes but God still governs The King's Counsel to prosecute this matter were The Recorder of London Mr Herbert quickly after made Lord Chief Justice Mr Jones Counsel for Sr S. Barnardiston were Mr Williams Mr Thompson and Mr Blackerby The Jury pick'd out to try this Cause were Thomas Vernon Knighted soon after the Service done in this Cause and then made Fore-man of a Jury to convict Dr Otes of Perjury Percival Gilburne one of the Jury upon the Guildhall Riot Edward Bovery William Withers senior A well qualified Jury-Man for this Cause James VVood Robert Masters A principal Witness against Colledge Samuel Newton Another of the Riot Jury George Toriano One of the Lord Russell's Jury Kenelm Smyth Thomas Goddard Thomas Amy and Richard Blackburne The Rocorder of London and Mr Herbert having aggravated the charge in the Information Mr Blaithwait Atterbury the Messenger and Nehemiah Osland Sr Samuel's Servant gave evidence of the writing those Letters and sending them by the Post for Sr Philip Skippon Mr Gael and Mr Cavel in Suffolk Then Mr Williams Counsel for Sr Samuel applied to the Jury to this effect That the question was Whether Sr Samuel were knowingly guilty of the Writing and publishing the four Letters That as to his publishing them he saw no evidence and he put it to the Court whether the sending them to the Post-House could amount to the publishing a Libel and he added to the Jury that he supposed they would not take it upon their Oaths that he was guilty of what he was there accused of many things being laid in the Information to inhanse the Crime of which there was no proof The Clamorous Chief Justice proceeding to dierct the Jury expressed himself to this effect That the Information took notice of a horrid Conspiracy lately hatcht for the destruction of the King and subversion of the Government and that the Lord Russell and Algernon Sidney who were ingaged in that damnable Conspiracy were convicted and executed That the Defendant being dissaffected and a man of ill Principles to disturb the Government did cause the four Letters to be writ and published That the Letters were Factious Seditious and Malitious and as base as the worst of mankind could have invented That it was a work of time and thought fixt in his