seemed much concern'd and his Countenance altered and desired to lie down Then Mr. Gibbons deposed That when they had apprehended the Count they carried him to the Mayor's and thence to an Inn for 2 or 3 hours and there the Count asked him his Name because he said he would come and give him Thanks after his Trouble was over he owned his Name Gibbons and that he belonged to the Duke of Monmouth Said he the Duke of Monmouth hath no Command now and therefore how could he take him by his Order He said he did not come upon his Command but he had killed a very good Friend of his and a Country-Man and if Providence had not ordered it otherwise he had killed a more particular Friend of mine and a Master whom he had served many Years He said he did not think they would have done the D. of Monmouth any Injury After which walking up and down he said 'T was a stain upon his Blood but one good Action in the Wars or Lodging upon a Counterscrap will wash away all that Then he asking what the People said he told him the Captain had made a Confession though it was a thing he did not then know the Count said he did not believe the Captain would confess any thing To all this the Count by his Interpreter Sir Nathaniel Johnson reply'd That he came into England with a design to have got a Regiment and serv'd England against France hearing of an Alliance to be between England Holland and Sweedland against France That he lay incognito because he was broke out in Spots on his Arms and Breast and designed to take Physick and avoid drinking of Wine and his Equipage was not come to him till after That he removed his Lodgings the first because it was too cold for him and the second because of a smoaking Chimney That he sent for the Polander over to dress his Horses after the German way which he came to buy and had return'd 1000 Pistols for that end and had bought one Horse which the Count's Brother testified That had it not been for the stormy Weather the Polander had arrived sooner he having writ for him 4 Months ago That he had no Quarrel with Mr. Thynn nor to the best of his knowledg ever saw him That it was strange he should ask a Scullion-boy whether People might ride on Sundays when he himself over and over again has rid upon Sundays to Hide-Park which was testified by Major Oglethorp and divers other Gentlemen That Capt. Vratz visited him on Sunday only because he was sick That he gave the Polander to the Captain because he should have no use for him himself bought him Clothes and a Sword because he wanted them That he absconded because one Markham his Taylor told him he heard him named as concern'd in the Murder and that if the Common People should catch him they would tear him to pieces and so his Friends did counsel him to withdraw That he heard the People say the Murderers follow'd Mr. Thynn's Coach but would not shoot till the Duke of Monmouth was gone out That he spoke of his Apprehension and Imprisonment as being a stain to his Blood And then the Count speaking something of the Repute of his own Family and Zeal for the Protestant Religion and Love for the English c. Sir Francis Winnington summ'd up the Evidence whereat the People made a great shout but were rebuked for it by the Court Mr. Williams did also the like and then the Ld. Ch. Justice gave the Charge and the Jury withdrew and the Court Adjourned for half an hour and then sent for the Jury who brought in Borosky Vratz and Stern Guilty and the County Not Guilty Who being dismiss'd Mr. Recorder sentenc'd the other 3 to be hang'd Who were accordingly Executed in the Pall-Mall on Friday Mar. 10 following and Borosky was afterwards hung up in Chains a little beyond Mile-End by his Majesty's Command The Trial of Sheriffs Thomas Pilkington Esq Samuel Shute Esq Henry Cornish Alderman Ford Lord Grey of Wark Sir Thomas Player Kt. Chamberlain Slingsby Bethel Esquire Francis Jenks John Deagle Richard Freeman Richard Goodenough Robert Key John Wickham Samuel Swinock and John Jekyll sen Before the Lord Chief Justice Saunders at the Guild-Hall London on Tuesday May 8. 1683. THen and there the Defendants appeared for their Trial upon an information against them for the Riot at Guild-hall on Midsummer-day 1682. being the Day for Election of Sheriffs for the Year ensuing To which they had pleaded Not Guilty And the Jury appearing the Defendants Counsel challenged the Array because returned by Sir Dudley North whose legally being Sheriff was now in question Which Challenge was read in French and English and admitted of a long Debate but was over-ruled As was also another Challenge offered on behalf of the Lord Grey The Defendants Counsel then prayed a Bill of Exceptions which also was over-ruled The Jury sworn were Sir Benjamin Newland Sir John Matthews Sir Thomas Griffith Sir Edmund Wiseman Sir John Buckworth Percival Gilburn Henry Wagstaff Barthol Ferriman Thomas Blackmore Samuel Newton William Watton George Villars To whom the Information being read the same was opened by Mr. Dolbin and Mr. Attorn Gen. Mr. Sol. Gen. and Mr. Serj. Jefferies opened the Evidence And then the Common Serjeant Mr. Lightfoot Mr. Wells the Common-Crier Mr. Man the Sword-Bearer Mr. King Sir William Hooker and Mr. Bancroft all being sworn deposed their knowledg about the Method of the City Elections all concurring That the Lord-Mayor always used to summon and adjourn and dissolve the Common-Hall and that the Sheriffs as Sheriffs were no more concern'd in the Case than any private Man Then Mr. Craddock deposed as to the Persons concern'd in the Riot That he was then standing where they poll'd and the Lord-Mayor coming thither also to protest against their manner of Proceeding Sheriff Bethel bid him oppose or resist him for that he had nothing to do there And that this was before the Poll was adjourn'd Mr. Reeves then depos'd That he saw Mr. Shute and Mr. Pilkington encouraging the People to Poll after the Lord-Mayor was gone and that while the Lord-Mayor was there he saw a great Contest among the People some saying he had nothing to do there another cried Stop the Sword stop the Sword whom he laid hold of but some Body got him again from him Mr. John Hill deposed That he saw then Mr. Robert Key Mr. Goodenough and the Lord Grey among the People as also Mr. Cornish Mr. Richard Fletcher deposed That he also was there on that Midsummer-day by Order of Sheriff Shute after the Lord-Mayor was gone to call all Men that were to poll to come forward for the Books were to be shut up and that he could only testify that Mr. Pilkington and Mr. Shute were both there Then Capt. Clark depos'd That when Proclamation was then made for adjournment of the Court and God save the King was
AN EXACT ABRIDGMENT Of all the TRIALS Not omitting any Material PASSAGE therein which have been published since the Year 1678 Relating to the Popish and pretended Protestant-Plots In the Reigns of King Charles the 2d and King James the 2d LONDON Printed by J. D. for Awnsham Churchill at the Black-Swan in Avy-Mary Lane MDCXC To the Right Honourable HENRY LORD BOOTH Baron DE LA MER of Dunham-Massy Lord Lieutenant of the County-Palatine of Chester one of the Lords of the Treasury and one of his Majesty's most Honourable Privy-Council My Lord THat I presume to present this Abstract to your Honour the just Interest your Lordship hath both in it and its Author is sufficient Apology It must never be forgot what good Service Your Trial though Your own extraordinary Prudence and couragious management thereof did to the Publick in stopping that Sluce of Blood which had unjustly been then opened with a Design which had well-nigh effected to suffocate our Laws and feed their Tyrannical Arbitrary Power For 't is evident the Fanatick Plot then like them that made it afterward disserted the Stage and though your Honour 's undaunted Appearance and powerful Aid have never since as 't is hoped they never will dare to appear amongst us the unavoidable Mischief whence otherwise would have followed most Men now are wise enough to apprehend Your Lordship's Vertues indeed have always from a very early beginning rendred You a no less real Friend to your Country than a formidable Enemy to the mightiest of its Opposers And Your generous Courage hath embolden'd You to express it even with the greatest Hazard in the worst of Times You have done and suffered much I 'me sure Your share for the Publick and your Lordship's last generous Essay hath now made all Men very sensible of it so that your Honour's Fame needs not the Aid of my Breath to blow it further Abroad Only I must crave your Lordships leave to say that I am proud of this Occasion to tender your Honour even so small a Testimony of real Gratitude from one who is a Member of a Family that hath been honour'd with a long and uninterrupted Friendship of Yours not only in Your Father's Time but in Your Lordship 's since May Your Honour go on to dazle and outshine all your Enemies in faithfully serving the best of Princes and the most ungrateful of Nations May Almighty God long preserve your Person and Vertuous Family in Grace Health and Prosperity And may this your Trial be the last that ever may entitle You to the Patronage of the like Abstraction is the sincere Prayer of My Lord Your Honours most Humble and Faithful Servant P. N. TO THE READER AS in these ten or eleven Years last past have happened as wonderful Passages within this our Island as ever History mention'd so are the Records thereof surely very valuable to the considering part of Mankind A Collection whereof thou art here presented with in a Volume that will spare thee both in thy Purse and Time without defrauding thee of the least drachm of any material Information Here thou hast the substance of Forty nine Trials consisting of near seven hundred Sheets of Paper and which bought singly as they were published cost five Pounds or more and which now would be difficult to collect at almost any price carefully reduced comparatively to a small Bulk and Price yet so as to preserve a perfect remembrance of Things and Persons any way materially concerned therein As herein was designed nothing of Reflection so must thou expect only an Abstraction And for the Compleatness and Sufficiency of this I submit to thy Censure after thou hast read what follows I say nothing of the usefulness thereof because none can have so little Concern for the Knowledg and Remembrance of past Transactions as not to be aware of it If it be well done I am sure it cannot be ill took A CATALOGUE of the following TRIALS Abridg'd 1678. The Trials of 1. WIlliam Staley Pag. 1 2. Edward Coleman Pag. 5 3. William Ireland Thomas Pickering and John Grove Pag. 13 4. Robert Green Henry Berry and Lawrence Hill Pag. 19 5. Nathaniel Thompson William Pain and John Farrell Pag. 31 1679. The Trials of 6. Nathaniel Reading Pag. 42 7. Thomas Whitebread William Harcourt John Fenwick John Gavan and Anthony Turner Pag. 50 8. Richard Langhorn Pag. 62 9. Sir George Wakeman William Marshal William Rumley and James Corker Pag. 71 10 Andrew Brommich William Atkins and Charles Kern Pag. 80 11 Thomas Knox and John Lane Pag. 85 12 Lionel Anderson William Russel Charles Parry Henry Starkey James Corker Will. Marshal and Alexand. Lumbsden Pag. 98 13 Sir Thomas Gascoyne Pag. 101 1680. The Trials of 14 Henry Care Pag. 112 15 Elizabeth Cellier Pag. 115 16 Roger Earl of Castlemain Pag. 118 17 John Giles Pag. 123 18 Elizabeth Cellier Pag. 131 19 Thomas Twing and Mary Pressicks Pag. 139 20 William Viscount Stufford Pag. 145 1681. The Trials of 21 Edward Fitz-Harris Pag. 190 22 Oliver Plunket Pag. 198 23 Sir Miles Stapleton Pag. 204 24 Georgt Busby Pag. 209 25 Stephen Colledge Pag. 214 26 Anthony Earl of Shaftsbury Pag. 243 27 Charles John Count Coningsmark Christopher Vratz John Stern and Charles George Borosky Pag. 255 1683. The Trials of 28 Thomas Pilkington Samuel Shute Henry Cornish Ford Lord Grey of Werk Sir Thomas Player Slingsby Bethel Francis Jenks John Deagle Richard Freeman Richard Goodenough Robert Key John Wickham Samuel Swinock and John Jekyll sen the pretended Rioters Pag. 266 29 Capt. Thomas Walcot Pag. 274 30 William Hone Pag. 289 31 William Lord Russel Pag. 292 32 John Rouse Pag. 303 33 Capt. William Blague Pag. 307 34 Col. Sidney Pag. 311 35 John Hambden Pag. 325 36 Lawrence Braddon and Hugh Speke Pag. 332 37 Sir Samuel Barnardiston Pag. 351 1684. The Trial of 38 Sir William Pritchard Plaintiff and Thomas Papillon Defendant Pag. 364 1685. The Trials of 39 Dr. Titus Oates Pag. 372 40 Dr. Titus Oates Pag. 384 41 William Ring Pag. 397 42 John Fernly Pag. 400 43 Elizabeth Gaunt Pag. 402 44 Henry Cornish Pag. 404 45 Henry Baron Delamere Pag. 404 45 Henry Baron Delamere Pag. 410 1686. The Trial of 46 Henry Lord Bishop of London Pag. 424 1687. The Trial of 47 William Ld. Arch Bp. of Canterbury William Ld. Bp. of St. Asaph Francis Ld. Bp. of Ely John Ld. Bp. of Chichester Thomas Ld. Bp. of Bath and Wells Thomas Ld. Bp. of Peterborough Jonathan Ld. Bp. of Bristol Pag. 434 The following Petition and Trials were omitted in the former Collection are now added in the Appendix Col. Sidney's Petition to K. Charles II. Pag. 1 The Trial of Charles Bateman Chirurgeon P. 2 The Trial of John Hambden Gent. P. 10 This may be printed ROB. MIDGLEY June 17. 1689. The Trial of William Stayley Goldsmith at the King's-Bench-Bar on Thursday Novemb. 21. 1678. HIS Indictment was for Treasonable Words against his most
that Robinson and his Wife upon their Examinations before a Justice of the Peace said they did not know him Then the Statute of 27. Eliz. Cap. 2. was read and the Ld. Ch. Justice summ'd up the Evidence and the Jury brought him in Guilty Then VVilliam Atkins was set to the Bar having been Arraigned for being a Romish Priest and his Indictment read to the same Jury Then VVilliam Jackson being sworn said He could say nothing Francis VVilden deposed That he heard him say Prayers in an Unknown Tongue in a Surplice and had seen him give the Sacrament to seven or eight according to the manner of the Church of Rome in a Wafer at Mrs. Stamford's House in VVolverhampton Then John Jarvis being called refused to be sworn saying He was troubled with a Vision last Night But the Ld. Ch. Justice told him he mistook for Old Men dream Dreams 't was Young Men see Visions and that he was an old Man Bidding him speak the Truth and he 'd warrant him he should not be troubled with Visions any more this being a Trick of the Priests So he being sworn deposed That he had often been relieved by this Atkins and had heard him say somewhat in an Unknown Tongue and had Confess'd to him and often received the Sacrament from him he being in a Priests Habit. Henry Brown also deposed That he was almost turned from the Protestant Religion to that of the Church of Rome but never went further than Confession and that was to this Man and then he left them Then Thomas Dudley deposed That he likewise was given that way and had been at Confession with one Atkins whom he believed to be this Man and had seen him perform several Rites of the Church of Rome at VVell-Head at Ham. Then the Statute was read and the Prisoner saying He had neither any Witnesses to call nor any thing to say The Ld. Ch. Justice summ'd up the Evidence and the Jury brought him also in Guilty And the Ld. Ch. Justice sentenced them both to be Drawn Hang'd and Quarter'd ON Monday Aug. 4. 1679. at Hereford Charles Kerne was brought to the Bar and being Arraigned he pleaded Not Guilty to the Indictment which was for being a Romish Priest Then the Jury being sworn whose Name 's are not inserted into this Trial only that one VVill. Barret was Foreman the Court proceeded to call the Evidence against him And first Edward Biddolph was sworn who deposed that he did not know the Prisoner that he had seen one of that name 6 Years agone at Mr. Somerset's at Bellingham but would not say this was he Then Margaret Edwards deposed That she had known Kerne five or six Years That the first time she ever saw him was at Mr. VVigmore's of Lucton who told her it was he That she hath seen him several times since twice or thrice at VVoebly and the last time was the 29th of May was Twelvemonth at Sarnsfield at Mrs. Monington's where she saw him deliver the Wafer and remembred the Words Corpus Christi to four persons that were there but she her self did not receive She gave also an account of the Reason of her then coming thither it being at the request of one Harris of Lempster whose Wife was sick to seek some Remedy from Mrs. Monington for her Telling how the Maid brought her up to the Mistress how she acquainted her with her Errand what advice was given her and how Mrs. Monington understanding she was a Papist took her into the Chappel whereof she gave a Description Then Mary Jones deposed That she knew Mr. Kerne about eight Years ago when she lived at Mr. Somersets and that Mr. Kerne lived in the House about half a Year That she hath seen several Persons come thither And that one Sunday Morning she saw several Persons go up with Mr. Kerne and listning she heard Mr. Kerne say something aloud which she did not understand there being but a Wall between them That also there was a Child Christned in the House and no one there but Mr. Somerset and his Wife Mr. Latchet and his Wife and Mr. Kerne to do it but she did not see him do it though she heard his Voice And that once she wash'd a Surplice but knew not whose it was Then the Prisoner in his own Defence called one Mr. Hyet who said That Margaret Edwards had denied to him that she knew Mr. Kerne but not being on her Oath when she said so it was not regarded Mr. Weston's maid affirmed That she saw Margaret Edwards and Mary Jones talking together and Marg. Edwards instructed the other what she should say but being called they both denyed it upon their Oaths Then Mrs. Monington appear'd who said She neither knew Marg. Edwards nor James Harris and Mrs. Monington's Maid denied that ever she saw her at her Mistresses House Then the Statute being read of 27 Eliz. the Prisoner urged that Persons that are not Priest's may say Mass except that of Bread and Wine and Christen too in extremis Then the Ld. Ch. Justice summ'd up the Evidence concluding Margaret Edwards to be a Positive Evidence but leaving the other doubtful to the Consideration of the. Jury who brought the Prisoner in Not Guilty The Trial of Thomas Knox and John Lane at the King's-Bench Bar on Tuesday Novemb. 25. 1679. before the Lord Chief Justice Scroggs and the other Judges of that Court. THen and there the Prisoners were indicted for a Conspiracy to defame and scandalize Dr. Oates and Mr. Bedloe thereby to discredit their Evidence about the Horrid Popish Plot. To which having pleaded Not Guilty the Jury was sworn viz. Sir John Kirke Thomas Harriot Henry Johnson Simon Middleton Hugh Squire Francis Dorrington John Roberts Rainsford Waterhouse Thomas Earsby Joseph Radcliffe James Supple Richard Cooper To whom the Indictment being read Trenchard Esq of Counsel for the King in this Cause opened the Indictment Serjeant Maynard pursued the Charge and Sir Creswel Levinz his Majesty's Attorney General opened the Evidence Then the Attainders of those Persons executed for the Plot and the Impeachments of the Lords in the Tower and of the Earl of Danby mentioned in the Indictment being allowed Robert Radford one of his Majesty's Yeomen of the Guard being call'd and sworn deposed That Richard Lane who was a Yeoman of the Guard extraordinary and Father of this John Lane told him about a Year ago that Doctor Oates did attempt many times to Bugger his Son but knowing him to be a lying Fellow he durst not speak of it again for fear he would have put it upon him Mr. Thomas Allen only deposed that in December last when Lane was out of Dr. Oates's Service he desired him to interceed for him which he did till he was admitted again Mr. Samuel Oates the Doctor 's Brother deposed That in April last about a Fortnight before Lane went from his Brother he heard him say having before wished for 1000 l. that he questioned not
was his unhappiness he had no Witnesses to call The Ld. Ch. Justice therefore in a few words summing up the Evidence the Jury presently brought him in Guilty The Trial of Capt. William Blague at the Old-Baily on Friday July 13. 1683. THE Prisoner having been Arraigned the day before and pleaded Not Guilty to an Indictment for High-Treason for conspiring the Death of the King and subversion of the Government was then and there set again to the Bar and making no Challenges the former Jury was sworn viz. Robert Beddingfield John Pelling William Windbury Theophilus Man John Short sen Thomas Nicholas Richard Hoare Thomas Barnes Henry Robins Henry Kemp. Edward Raddish Edward Kemp. To whom the Indictment being read and briefly opened by Mr. North and Serjeant Jefferies Thomas Leigh deposed That the Prisoner in discourse with him and Goodneough about seizing the Tower told them that the only way was to do it with Mortar-Pieces that he would venture his own Ship and provide 200 Men and lay his own Ship on Southwark side and make up his 14 Guns he had already 24 and would undertake once in 20 times to dismount the five Pieces that fac'd towards Southwark-side That he ask'd Goodenough what Mony was provided who answering 40000 l. He answered the Seamen would swallow that up presently to which Goodenough replied there was more provided at any time Mate Lee swore That the Prisoner told him as they were in a Coach together that one of these days they should have a Ball to toss which afterwards he understood by Rouse and Leigh was the Ball that was to be toss'd on Black-Heath That about six Weeks ago Capt. Blague and he walking about the Tower and discoursing of seizing it his way was to scale it but the Captain said the best was to shoot Mortar-pieces on Southwark-side but about the Ship he could say nothing The Prisoner's Defence was That his Business with Rouse was to procure him Mony as being a Broker which brought him sometimes into Goodenough's Company but that he never discours'd about any Publick Affairs and as to the seizing the Tower it was only accidental Discourse And as for his 200 Men it was impossible his Vessel being but a Pink which had been in his Possession but three Weeks and what Arms he had he bought therewith and that he never heard any thing about either a Ball or Bank of Mony Calling his Witnesses Mr. VVright declared That he had waited on the Captain ever since he had been shipp'd and was in his Pay before he had the Ship in possession Robert Chappel Carpenter declar'd The Vessel was not able to do any Service three Weeks ago and that he had been shipp'd four Months and an half to go for New-York One Bellinger the Chirurgeon declared That he had belonged to the Ship seven Weeks and to the Captain before he had a Ship and for Guns belonging to the Ship there were fourteen Saker-Guns of which four were Wooden ones six above Deck and four in the Hold. The Lord Chief Justice then summ'd up the Evidence taking notice to the Jury that these Men belonged to the Captain a great while ago and that there was only one Evidence that did affect him Wherefore the Jury Withdrawing in a short time returned and brought him in Not Guilty THE next day being Saturday July 14. 1683. the Lord Russel Capt. VValcot Mr. Rouse and VVilliam Hone were brought to the Bar to receive Sentence Where the Lord Russel desired to hear his Indictment read in English which was granted and thereupon demanded an Arrest of Judgment because there had been no Evidence of his conspiring the Death of the King as it was in the Indictment but only of levying War But the Verdict being past the Court told him they must go by what the Jury had found and not the Evidence and therefore Sentence was pass'd upon him to be Drawn Hang'd and Quarter'd Capt. VValcot had nothing to say but desired that his Son and some Friends might come and see him Hone had no more to say but begg'd the same favour Rouse insisted on some Disadvantages he had when he came on his Trial and some difference between the Indictment and their Oaths but Verdict being past Judgment was given against them three as against the Lord Russel And upon Friday July 20. following VValcot being drawn to Tyburn in one Hurdle and Rouse and Hone in another and there put into a Cart attended by Dr. Cartwright the Dean of Rippon and the Ordinary of Newgate who urged them much to discover all they knew of the Plot after they had spoke to the People were executed accordingly The next day being Saturday July 21. the Lord Russel having taken leave of his Lady the Lord Cavendish and several others of his Friends at Newgate took Coach with Dr. Tillotson and Dr. Burnet who accompanied him to the Scaffold built in Lincolns-Inn-Fields where he deliver'd his Speech to the Sheriff and after some Preparation he ordered the Executioner after he had lain down a small moment to do his Office without a Sign and so his Head at three blows was severed from his Body and ordered by the Sheriff to be delivered to his Lordship's Friends and Servants as being given them by his Majesty's Favour and Bounty The Trial of Algernon Sidney Esq before the Lord Chief Justice Jeffreys at the King's-Bench Bar at Westminster on the 7th 21st and 27th of November 1683. UPON Wednesday Nov. the 7th 1683. Algernon Sidney Esq was arraigned at the Kings-Bench Bar upon an Indictment of High Treason for conspiring the Death of the King and intending to raise a Rebellion in this Kingdom Which Indictment he excepted against as erroneous several Crimes being put together therein distinct in nature one from another and distinguished by Law offering to the Court a Parchment wherein were his Exceptions to the Bill but it was refused and he sorced to plead which he did at length Not Guilty And then he desired a Copy of the Indictment which was denyed him but upon his Request it was read to him again in Latin and his Trial appointed to be on Wednesday Novemb. the 21st 1683. Then and there the Prisoner again appearing he desired Pen Ink and Paper and that Mr. VVinn and Mr. Gibs might write for him which were granted him and then he shewed the reason he had before to desire a Copy of his Indictment which the Lord Stafford and the other Lords in the Tower had urging it for Law upon the Statute of 46 Edw. 3. But the Court over-ruled it Then the Clerk of the Crown called the Jury and after several Challenges the Jurors were John Anger Richard VVhite VVilliam Linn Lawrence VVood Adam Andrews Emery Arguise Josias Clerke George Glisby Nicholas-Baxter VVilliam Reeves VVilliam Grove John Burt. To whom the Indictment being read Mr. Dolben opened the same and the Attorney General opened the Evidence and then Mr. VVest was called against whom the Prisoner excepted
Ireland and the other Conspirators were produced and the Convictions of Reading Lane Knox and others were delivered in And the Record of the Attainder of Coleman was read in Latin by the Clerk Which concluding the Evidences in general of the Plot the Court thought fit not to enter upon particular Evidences against the Prisoner till another day Whereupon the Lord High Steward adjoun'd the Lords into the House of Lords and the Commons returned to their House where Mr. Speaker reassuming the Chair the House adjourned to Eight of the Clock the next Morning The Second Day Wednesday Decemb. 1. 1680 about 10 of the Clock the Court being sat and the Prisonet appearing Mr. Dugdale being sworn again appeared to Evidence as to the Particulars against the Lord Stafford who accordingly deposed That he had been some Years acquainted with the Lord Staffordy while he was a Servant to the Lord Aston That in August or September 1678 there was a Consult at the Lord Aston's at Tixal at which the Lord Stafford was and with the rest did consent to a Resolve That it was the best way to take away the Life of the King as the speediest Means to introduce Popery That on a Sunday Morning the Lord Stafford coming to the Lord Aston's to hear Mass as he alight off his Horse he said to the Witness It was a sad thing they could not say their Prayers but in an hidden manner but e're long they should have the Romish Religion established That about Septemb. 20 or 21 the Lord Stafford sent for him to his Chamber and proffer'd him 500 l. to be concern'd in taking away the Life of the King wherein he said he was concern'd himself and that he should go in October to London with him and be under the Care of him and Mr. Ireland in London and in the Country of one Mr. Parson's that knew of the Design And that he should have a Reward in London and he understood that the Duke of York the Lord Arundel Lord Bellasis and others were to give it him and that he should have his Pardon from the Pope and be Sainted That also he saw a Letter from the Lord Stafford to Mr. Ewers expressing that things went all well beyond-Sea and so he hoped they did here for the carrying on of their Design Then Dr. Oates being also sworn again deposed That he had seen several Letters in Spain and at St. Omers singned Stafford wherein were assurances of his Zeal for the promoting of Popery in England That in June 1678 he saw the Lord Stafford at Fenwick's Lodging receive a Commission as he believes to be Pay-master General to the Army which promised to effect and going then into the Country he said he did not doubt but at his return Grove should do the Business And speaking of the King he said there He had deceived them a great while and they could bear no longer But the Lord Stafford denied that he either knew Fenwick or Oates After him Mr. Edward Turbervile deposed That he being under some displeasure with his Relations for not entring himself of the Society he betook himself to his Brother a Benedictine Monk in France where staying a while and refusing to be admitted into that Society also her resolved for England and to that end was recommended to the Acquaintance of the Lord Stafford then at Paris who after some time understanding his Condition and imagining him a fit Instrument he proposed to him a way whereby as he said he might not only retrieve his Reputation with his Relations but also make himself a very happy Man And after having obliged him to Secresy he told him in direct terms it was to take away the Life of the King of England who was an Heretick and consequently a Rebel against God Almighty But he desiring time to consider it avoided the seeing my Lord any more and so came to London and by Applications to the Duke of Monmouth he got into the French Service This was in Novemb. 1675. My Lord then charg'd him with running from his Colours and therefore unfit for such a Service and that he never saw him before And here the Evidence ceasing the Lord Stafford began his Defence complaining of his close Imprisonment for two Years and of his abhorrence of those two great Sins Treason and Murder owning and condemning the Gunpowder Plot and the King-killing Doctrine protesting his own Loyalty and Innocency Not doubting to prove these Witnesses perjured and therefore requesting the use of the Lord's Journal-Book and the Depositions of Dugdale Oates and Turbervile without which he could not make his Defence Hereupon arose some Debate in the Court after which the Lords withdrew and after an hour and an halfs space returned and then the Lord High Steward did tell the Lord Stafford that what-ever Evidence there is before the Court of Peers he was to have but for the others they could not help him thereto and in regard he had complained of his Faintness the Lords intended not to put him upon it to go on to make his Defence but would give him time till to Morrow For which the Lord Stafford thanked the Lords but insisted to request moreover the Depositions of Dugdale but he was told they were in the Journal-Book which he was allowed the use of Then the Prisoner desired he might not appear till ten of the Clock next day because he wanted Sleep writing late or that one days respite might be allowed him which the Lord High Steward seemed inclinable for but was opposed by the Managers for the Commons then Court adjourned into the Parliament-Chamber and the Commons went to their House to whom the Lords soon after sent a Message That they had ordered the Prisoner to the Bar at Ten of the Clock next Morning And then the Commons adjourned so Eight the next Morning The Third Day THursday Decemb. 2. 1680. at Ten the Court being sate the Prisoner was set to Bar and required to go on with his Defence For which end he called Turbervile and asked him when he last saw him who said in Novemb 1675. Whence he made his Plea that he was not within the time limited for prosecution but was informed of his Mastake lesser Crimes being limited to six Months but Treason to no time at all Then Dugdale being called again was by him charged That He had sworn at Sir George Wakeman's Trial that he the Lord Stafford was at a Consult at Tixal in August 1678 and proved it by the Testimony of the Lady Marchioness of Winchester and one Mrs. Howard who affirm'd they heard him though Dugdale denied it and then proved that he was all that Month at the Bath and at the Marquess of Worcester's House by Thomas Bonny Clerk of the Kitchen to the Lord Marquess of Worcester Thomas White his Coachman Richard Bevan his Groom and the Lord Marquess himself and that he came not to Tixal till Septemb. 12. and then had no Converse alone with Dugdale
should be any Disturbance for they valued their Riches more than their Cause And at Oxford that he heard my Lord say again He wondred the People of England should stickle so much about Religion if he were to choose a Religion he would have one that should comply with what was apt to carry on their Cause Mr. John Smith deposed That he had often both in publick and private heard the Lord Shaftsbury speak very irreverently and slightly of the King saying He was a weak Man an inconstant Man of no firm or settled Resolution easily led by the Nose as his Father was before him by a Popish Queen which was the Ruin of his Father And that the King should declare That the Earl of Shaftsbury was not satisfied to be an ill Man himself but got over the E. of Essex too And that he was the chief promoter of the Rebellion in Scotland which when it was told him that he should send back word to the King That he was glad that the King saw not his own Danger But if he were to raise a Rebellion he could raise another-guess Rebellion than was that in Scotland One time particularly being sent for to the Lord Shaftsburies expressing his jealousy of the Irish Witnesses being drawn over to the Court-Party and retracting what they had said he order'd him to persuade them from going nigh that Rogue Fitz-Gerald maintain'd by the King and Court-Party to stifle the Plot in Ireland Saying also That when he was in the Tower he told some he saw Popery coming in and that it was hard to prevent it And that if the King were not as well satisfied with the coming in of Popery as ever the D. of York was the D. would not be so much concern'd about it as he was Afterwards having executed my Lord's Order one Mr. Bernard Dennis gave in an Information before Sir Patience Ward Lord-Mayor against Fitz-Gerald that he had tamper'd with him to forswear all he had sworn before the Copy of which Information he brought to the Lord Shaftsbury who when he had read it was very well pleased with it and said Mr. Smith don't you see the Villany of that Man and that factious Party and that the King runs the same steps as his Father did before him for that nothing of this Nature could otherwise be done I says he these are the very Steps that his Father followed when he was led by his Popish Queen and the poor Man doth not see his Danger Another time before the Parliament went to Oxford in discourse my Lord was saying to him That there was great Preparations made and a great many gathered together upon the Road between London and Oxford which he said was to terrify the Parliament to comply with the King's Desire which he was sure they never would for that the King aimed to bring in Popery But said he we have this Advantage of him if he offer any Violence to us for we expect it that we have the Nation for us and we may lawfully oppose him for it has been done in former Times and he will meet with a very strong Opposition for all that come out of the Country shall be well Hors'd and well Arm'd and so we shall be all and as old as he was that he would be one that would oppose to his Power and die before he would ever bring in Popery or any thing of that Nature Then Mr. Brian Haines deposed That he had often heard the Lord Shaftsbury vilify the King And that he and Mr. Ivey going to him one day about the Narrative he made of Sir Edmondbury Godfrey's Death he desired him not to expose his Person to the King's Anger because he was sure he would never grant a Pardon to any Man that impeached the Earl of Danby Says he Do not fear if he does not grant you a Pardon he makes himself the Author of the Plot and says he the Earl of Essex the Lord Maxfield and I we do all resolve if you 'l put in a Writing we will go to the King and beg a Pardon of him for you which if he does not grant we will raise the whole Kingdom against him for he must not expect to live peaceably in his Throne it he doth not grant it and this is the best Pretence we can have in the World we are prepar'd to raise Arms against him And after having heard a Pardon could not be had being begg'd for by the two Mr. Godfries he praying my Lord for a little Mony to help him to go beyond-Sea because he was sure he could not be safe in England My Lord told him the King durst as well be hang'd as meddle with him And one Day he being in Conference and giving my Lord an exact Account of Transactions having been a Traveller he asked my Lord What Model of Government was designed if they pulled the King down Says he Do you think there are no Families in England that have as much pretence to the Crown as any of the Stewarts Says he There is the Duke of Bucks that is descended of the Family of the Plantagenets one of the Edwards by his Mother and in her Right he should have the Barony of Ross and has as good a Title to the Crown of England as ever any Stewart had Then John Macnamarra being sworn deposed That he being with the Lord Shaftsbury after his return from the Parliament at Oxford concerning some Provision for the Witnesses he heard him express himself That the King was Popishly Affected and did adhere to Popery taking the same Methods that his Father before him took which brought his Father's Head to the Block and that they would also bring his thither and that he had told some Persons of Quality that this would fall out five Years before And at the same time that he said the King was a Faithless Man and no Credit was to be given to him and that the Dutchess of Mazarine was of his Cabinet-Council who was the worst Woman-kind And that he deserved to be deposed as much as ever King Richard the Second did Then Dennis Macnamarra deposed That he also heard the Lord Shaftsbury say in March or April in his own House Mr. Ivey being present That the King was not to be believe there was no Belief in him and he ought to be deposed as well a King Richard the Second and that the Dutchess of Mazarine was of his Cabinet-Council and he nothing but by her Consent Then Mr. Edward Ivey deposed That being at my Lord's House soon after the Parliament was dissolved at Oxford he heard him speak against the King saying He was an unjust Man and unfit to Reign and he wondred her did not take Example by his Father before him and that he was a Papist in his Heart and intended to introduce Popery And afterwards being with him with Hains he bid Hains to put what he had to say about the Death of Sir Edmondbury Godfrey into writing
That the Defendant was Guilty of the Perjury whereof he was Indicted which being Recorded The Ld. Ch. Justice gave it his Approbation â—o which the rest of the Judges assented and then the Court arose THE next day being Saturday May 9 1685 the Prisoner was again set to the Bar having also been arraigned upon another Information of Perjury which did set forth that he being a Witness for the King at the Trials of Ireland and the five Jesuits did therein swear that Ireland was in Town the 1st and 2d of September and between the 8th and 12th of Aug. 1678. and that he had forsworn himself in both Instances to which he had pleaded Not Guilty The Jury therefore sworn were Sir Thomas Vernon Kt. Nicholas Charlton Es q Thomas Langham Es q Thomas Hartop Francis Griffith John Kent George Toriano Henry Loades John Midgley John Pelling Thomas Short George Peck To whom the Information being read Mr. Phipps opened the same and Mr. Attorn Genopened the Evidence And then the Records of the two Trials were produced and admitted And then Mr. Thomas Harriot vvho vvas Foreman of the Jury at the Trial of the five Jesuits deposed That Dr. Oates vvas a Witness thereat and swore that Ireland took his leave of him and others at the said Ireland's Chamber between the 8th and 12th of August 1678. And Mr. Rainsford Waterhouse being another of the Jury at the same time deposed the very same Then Mr. Foster a Jury-man at Ireland's Trial deposed That the Prisoner also was a Witness then and swore that the said Ireland vvas in Town the 1st or 2d of September 1678 for he had then 20 s. of him And Mr. John Byfield another of the same Jury deposed the same To prove it false then Mrs. Ann Ireland deposed That on Wednesday July 31. being St. Ignotius's day her Mother and She and Brother were invited to Mr. Gifford's at Hammer smith that She and her Mother staid all Night but her Brother refused that on Saturday following August 3. 1678. she took leave of him he going then out of Town to the Lord Aston's House in Hartfordshire in order to go thence into Staffordshire that in his absence once one Mrs. Eagleston lodg'd in his Room her Maid falling sick and that he returned not till just a fortnight before Michaelmass Mrs. Eleanor Ireland deposed the very same saying he return'd Septemb. 14 before his Trial whereat she was a Witness but not suffered to speak what she knew Then Mrs. Duddle deposed also the same Evidence about his being out of Town And the like did Mrs. Ouino his Taylor 's Wife who brought him home some Clothes that had been mended but Saturday Morning he went and she saw him in his Boots and he took Horse as his Servant had testified at the Bull-Inn in Drury-lane Then the Ld. Aston deposed That Mr. Ireland came to his House at Staenden in Hartfordshire on Saturday Night August 3. 1678. and went with him on Monday to St. Albans where they met with his Brother and Sister Southcoat and thence travelled to Tixhall where they arrived on Thursday following Ireland as he believes being all this time in his Company Then Sir Edward Southcoat deposed That he came to the Lord Aston's Aug. 4. 1678. that the day following Mr. Ireland travell'd with them to St. Albans where they met with his Father and Mother and lay all Night at the Bull Inn that the next Night they lay at the George in Northampton and on Wednesday Night at the Bull in Coventry and the next came to Tixhall Mr. Ireland being with them all the Journey and staid with them there till the Tuesday following Aug. 13. And then they went to Nantwich and lay at the Holy-Lamb and the next day came to Holy-Well and lay at the Star and the next day came to Chester and return'd the next day after to Tixhall again being Friday August 16. Mr. Ireland still travelling with them That afterwards he cannot positively say how long Ireland was at Tixhall only that he remembred him there the day of Mr. Chetwin's Race with Sir Henry Gough and on a Thursday upon the Bowling-Green at Tixhall But he came back with them from Tixhall the 9th or 10th of September the first Night to the Bull in Coventry the next to the Altar-stone at Banbury the next to Agmondishman and the next to his Father's House in Kingston where his Brother bought Mr. Ireland's Horse of him being Thursday and the Saturday following Ireland went to London Septemb 14. Then Mr. John Southcoat Sir Edward's Brother who bought Ireland's Horse deposed the same things being with them all these Journeys After him one Harrison Sir John Southcoat's Man who likewise travell'd with them and was the Man that went with Ireland to London and brought back his Horse deposed the very same George Hobson a Servant of the Lord Aston's deposed That he also was these Journeys and saw Ireland every day that after they return'd from Holy-Well to Tixall he saw him again on August 26. and on the day he return'd thence for London which was Septemb. 9. 1678. George North another of my Lord's Servants deposed That he travell'd at the same time in Mr. Ireland's Company from Standen to Tixhall and that he saw him again at Tixhall after his return from Holy-Well and particularly on Septemb. 9. he then going back for London Richard Ingletrap the Hackney Coach-man a Protestant deposed that he travell'd also from Standen to Tixhall with Mr. Ireland and saw him August 13. when he set out for Holy-Well Andrew Wetton another Protestant deposed that he travelled from Tixhall to Holy-Well and so back again to Tixhall in Mr. Ireland's Company looking after his Horse and saw him that day he set out for London Thomas Sawyer deposed that Ireland was at Tixhall from Aug. 8. to Aug. 13. and came again Aug. 16. and went for London Semptemb 9. following Frances Allen one of the Lord Aston's Maids who wash'd Ireland's Linnen and look'd to his Chamber while he was at Tixhall deposed that he came to Tixhall Aug. 8. 1678. and went for Holy-Well the 13th and returned thence the 16th and went away the next day she delivering him the Linnen he carried with him and saw him several times afterwards at Tixhall professing her self a Protestant also Then Mrs. Jane Harwell deposed that Mr. Ireland came to her House in Wolverhampton Aug. 17. as from Tixhall and was every day there till the 26th when he return'd as she supposes to Tixhall again He came to her again Sept. 4. following and staid till the 7th when he went away for good and all That hearing of his Trial and what he had been accused of in December following she sent an Express at her own Charges to London to a Friend with a Petition to the King that they might bring in Witnesses to prove this Upon which his Execution was staid about five Weeks and they hoped for a second Trial but could not obtain