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
into the bargain but that Mr Justice Pemberton checkt it by holding up his hands in Admiration this persons Crime was the publishing a Book called An Appeal from the Country to the City in which this passage was contained We in the Country have done our parts in chusing good Members for Parliament but if they must be Dissolved or Prorogued when-ever they come to redress the Grievances of the Subject we may be pittied not blamed if the Plot takes effect as in all probability it will Our Parliaments are not then to be condemned for their not being suffered to sit occasioned it But now when we come to Judgments for Misdemeaners on the other side We shall perceive great Compassion and Mercy appearing in that Court indeed Reading who was Convicted for the first attempt upon the King's-Witnesses was adjudged to pay 1000 l. to be Pilloried and Imprisoned for a year and one would have thought that more severe Judgments would have past upon such as should dare to repeat the same Crimes after such an Example but we see the contrary About six Months afterwards Knox and Lane being Convicted of the same Offence accompanied with much blacker Circumstances Knox the principal was only Fined 200 Marks and condemned to a years Imprisonment and to be bound to the good Behaviour for three years And Lane Fined 1â—… Marks and adjudged to stand once in the Pillory and to be Imprisoned a year And now in the Case before us Mr Tasborough a Gentleman of a good Estate who had treated about so great a Villany in the name of the Duke of York was only Fined 100 l. And Mrs Price 200 l. But who can admire at this notorious departure from the rules of Justice and Equality in the assessing of Fines that remembers that the Chief Justice Scroggs did in this very Term declare in open Court in the Case of Dr Jessop a very honest and worthy Protestant of Norfolk that he would have regard to Persons and their Principles in imposing of Fines and would set a Fine of 500 l. on one person for the same offence for which he would not Fine another 100 l. And accordingly Fined Dr Jessop 100 l. for reporting false News as they called it and at the same time Fined the Doctor 's Author of that News a right Tory no doubt only five Marks Now surely will the Reader say this Jessop was undoubtedly a very naughty Man but to undeceive him I can affirm he is as true a Church of England Man as can be found and the bad principle which made him to be thus marked was that he was an avowed Enemy to Popery and true to the Liberties of England and did upon every occasion exert himself to a degree hardly to be equalled by any Gentleman of Norfolk for the chusing deserving men for Knights of the shire and particularly for Sr John Hobart then whom none ever deserved better of that County and whose name will always be remembred there with great Honour For this extravagant Partiality and Injustice in imposing Fines the Court of Kings-Bench was deservedly marked with this Vote of the House of Commons December the 23 d 1680 Resolved That the Court of King's Bench in the Imposition of Fines on Offenders of late years hath acted Arbitrarily Illegally and Partially Favouring Papists and persons Popishly affected and excessively Oppressing Protestants Reflections upon the Proceedings in the Old Baily before the Lord Chief Justices Pemberton and North. November 24 1681. upon an Indictment for High Treason framed against the Right Honourable Anthony Earl of Shaftesbury for conspiring the Death of the King and Subversion of the Government THe Names of the Grand-Jury returned by Sheriff Filkington and Sheriff Shute and who were Sworn upon that occasion were Sr Sam. Barnardiston John Morden Thomas Papillon John Dubois Charles Herle Edward Rudge Humphrey Edwm John Morris Edmund Harrison Joseph VVright John Cox Thomas Parker Leonard Robinson Thomas Shepherd John Flavel Michael Godfrey Joseph Richarson VVilliam Empson Andrew Kendrick John Lane and John Hall. A sort of people called Tories wedded to their own blindness having loudly clamoured of this great Jury I shall here add the names of those who were returned upon the same Pannel Alderman Ellis Mr Mellish Mr Tho. Gardener Samuel Swinnock Mr Ben. Godfrey Mr John Pollexfen Mr John Smith Mr John Gardener Mr Peter Delence Mr Peter Hubland Mr William Ashurst Mr John Deagle Mr Thomas Western Mr Bonnel Mr Gabriel Wheatley Mr Tho. Carpenter Mr L. Baskervile Mr George Marwood Mr John Smith And now let all who know the City of London judge whether a more substantial Pannel in every respect was ever returned to serve at the Old-Bailey The King's Council for the management of this Intrigue were The Attorney General Sr Francis Wythens the Abhorrer of Parliaments And Mr Saunders afterwards the Quo Warranto Lord Chief Justice Mr Graham the Solicitor of all the late Sham Plots upon Protestants and pay-master of corrupt Juries and perjured Witnesses solicited this Prosecution and hence took his first step to such Preferment as enabled him to give Eight or ten thousand Pounds with a Daughter 'T is to be lamented that he hath lived to this day without further Preferment in the way which at that time the then Lord Chancellor promised to honest Captain VVilkinson The magnified Evidence of this horrid Treason and that which the King's Council relying upon begun with was a Paper proved by Secretary Jenkins Mr Blaithwaite and Mr Gwin to have been found in the Earl's House of which such noise has been made in the World by the virulent Observator and the Popish News-Writers as well as from too many of our Pulpits that it may not be ungratful to the Reader to be here presented with the very words thereof which follow The Association WE the Knights c. finding to the grief of our Hearts the Popish Priests and Jesuites with the Papists and their Adherents and Abettors have for several years last past pursued a most pernicious and hellish Plot to root out the true Protestant Religion as a pestilent Heresie to take away the Life of our Gratious King to subvert our Laws and Liberties and to set up Arbitrary Power and Popery And it being notorious that they have been highly incouraged by the Countenance and Protection given and procured for them by James Duke of York and by their expectations of his succeeding to the Crown and that through Crafty Popish Councils his Designs have so far prevailed that he hath created many and great Dependants upon him by his bestowing Offices and Preferments both in Church and State. It appearing also to us that by his influence Mercenary Forces bave been levied and kept on foot for his secret Designs contrary to our Laws the Officers thereof having been named and appointed by him to the apparent hazard of his Majesties Person our Religion and Government if the Danger had not been timely fore-seen by several Parliaments and
Michaelmas where tho' above ten to one were found against Rich yet the Common Serjeant who was deeply engaged in the Intrigue makes report to the Mayor as was before concerted that Mr Rich was Elected and so without more to do he is declared Mr North's Partner Upon the day for swearing the new Sheriffs being Michaelmas-Eve 1682. The Citizens went in a very great Body to Guild-hall to present Mr Papillon and Mr Dubois to be sworn but were with-stood by Souldiers Armed with Pikes and Musquets then in possession of the Hall By these means and in this Military Arbitrary and most Illegal way were Mr North and Rich constituted Sheriffs of London and Middlesex to the unspeakable joy of the Conspirators and their insipid Adherents in the City These new Sheriffs to gratifie their Faction and to oblige the World with notice of what must be expected from them At the publick Feast upon their entring upon the Office They entertain their Crew with these Rhimes Sung at their own Table Thanks to Sr John our good Lord Mayor ' Gainst Sheriffs tricks he kept the Chair Then to the famous Sr John Moore May after Age that Name Adore For Ropes and Gibbets the next year The Whigs we hope need not despaire If Rich find Timber give 'em scope Brave North will never grudg 'em Rope Then to brave North a double Dose Who the strong Factions did oppose Then to brave Rich a Health off hand Who the loud Tumults did withstand Well to be serious and after a too tedious digression to return to the matter proposed These Sheriffs being thus settled and by consequence Juryes to serve the turn at hand They set themselves to a vigorous prosecution of the Quo Warranto brought against the City Charters and of an Information exhibited about this notorious and horrid Riot and to make sure work herein they cast an Eye into Westminster-Hall and finding Sr Francis Pemberton Lord Chief Justice of the King's-Bench would not serve this purpose He is thrust down into the Common-Pleas with a Complement from the Lord Keeper North that no Man's services were more eminent nor better accepted than my Lord Chief Justice Pemberton's And Mr Saunders the Counsel against the City upon the Quo Warranto and Adviser of the Lord Mayor's most extravagant proceeding in the matter of the Sheriffs is upon the 23d of January 1682 promoted to be Lord Chief Justice being then told by the Lord-Keeper That the King's People might not suffer in the want of so good a Magistrate as his Predecessor his Majesty had taken care in the choice of him to succeed in that great and important Office he being a Person of manifest Integrity and Affection to the King's service And that his Lordship might say without flattery that he came into the Seat of Lord Chief Justice with as few Passions and personal Frailties as any that had been before him Methinks Sr Matthew Hale or Sr William Scroggs might have been excepted That the Age was so degenerate and full of Faults ☞ Faults of Irreligion Immorality Debauchery c. that it required more than a Man to censure them And his Lordship added That the temper of the present Age required his Severity in cases of Sedition Which he said was â—…lly grown to that height and Insolence and managed with that Malice that it was very near breaking out into open force All things being now thus well prepared upon the 8th of May 1683 the matter of the Riot is brought to Tryal at Guild-hall before this vertuous Lord Chief Justice Saunders upon an Information to this effect That upon the 24 th of June 1682. in Guild-hall there was a Common-Hall summoned by Sr John Moore Lord Mayor for the Election of Sheriffs and that on that day the Lord Mayor in a lawful manner adjourned the Court till Tuesday following That after the Adjournment the Lord Mayor made Proclamation for all persons to depart That the Defendants intending to disturb the King's Peace did unlawfully meet together and riotously assault the Lord Mayor And that after the Adjournment Mr Pilkington and Mr Shute by colour of their Office as Sheriffs and the rest of the Defendants did continue the Poll and affirm to the People that Sr John Moore had no power to adjourn them and that they continued this great Tumult three hours to the terror of the King's Subjects and against the Peace The Prosecution of this Information was managed by The Kings Atturney General Solicitor General Sr George Jefferies Mr Dolben Mr Jones and Mr Molloy And defended by Mr Wallop Sr Francis Winnington Mr Williams Mr Thompson Mr Holt Mr Sommers and Mr Freke Mr Sommers and Mr Thompson upon calling the Jury offered a Challenge of the Array and pressed to have it read which being done Sr George Jefferies called it a Tale of a Tub But Mr Thompson persisted Vrging that Sheriff North was interessed in the matter and if Sr John Moore had not Authority to Adjourn the Poll Mr North was not duly chosen Sheriff and so ought not to return a Jury the very Title to the Office of Sheriff being in question This point was further pressed by Mr Williams Sr Francis Winnington and Mr Wallop but opposed by the Atturney and Solicitor General and Jefferies and over-ruled by the Lord Chief Justice Then Mr Thompson prayed the Benefit of a Bill of Exceptions but that was also over-ruled and the Jury returned by the Sheriffs who were forced upon the City by the true Rioters were Sr Benjamin Newland Sr John Mathews Sr John Buckworth Sr Tho. Griffith Sr Edmund Wiseman Percival Gilburne Henry Wagstaffe Barth Ferryman Tho. Blackmore Samuel Newton William Watton George Villers Then Mr Dolben opened the Information and Mr Atturney followed saying That the Information was brought for settling the Peace of the City and to shew who is the Supream Magistrate there That the Lord Mayor in all times was the Kings Lieutenant and no publick Assemblies could ever meet without his Summons That the question was about the Election of Sheriffs That the Lord Mayor adjourned the Court and the Sheriffs proceeded and made Proclamation that it was not in the power of the Mayor and continued the Poll in a Riotous manner and when the Mayor attempted to go out of the Hall they struck him struck his Hat off and pressed several of the Aldermen That if the others had made opposition all had been in Confusion upon this Usurpation To this Mr Solicitor added That after my Lord Mayor commanded them to depart they continued their Assembly there in a very riotous manner and as my Lord came down they offered Insolencies to his Person Then comes Sr George Jefferies the main Contriver and Abettor of the Lord Mayor's most daring and unjustifiable attempt and tells the Jury That the Rabble came upon my Lord Mayor had him down upon his Knees and if some Gentlemen had not come in they had trod him under feet He
then called Sr William Hooker Mr Lightfoote Mr King the Common Serjeant the Common Cryer the Sword-Bearer and Mr Bancroft to testifie as they did that the Lord Mayor did always convene and dismiss the Common-Hall and as to the matter in question the Common Cryer evidenced that about five or six of the Clock he adjourned the Court by my Lord Mayor's Order to the Tuesday following Mr Weston witnessed the same about the Adjournment and that he saw my Lord's Hat off and his Train bearer was knock't down or fell down The Common Serjeant evidenced that he heard them but could name no Person cry out No God Bless the King down with the Sword No Lord Mayor No King. And he affirmed that he had the sole management of Elections of Sheriffs as the Duty of his Place Then Cradock and others witnessed that the several persons charged in the Information continued upon the place after the Adiournment And Cradock said that Mr Bethel came to him and bid him resist my Lord Mayor Major Kelsey declared That he saw my Lord Mayor's Hat upon his Back And Captain Clark said that he heard above a hundred hiss and cry No King's man upon the proclaming God save the King and that they also cryed Press on Press on Higgins said that some cryed God save the Protestant Sheriffs down with the Sword and that after the Lord Mayor was gone home he saw one Freeman whom they call the Protestant Cheesmonger calling to Poll to Poll And that he heard Alderman Cornish tell the Sheriffs they were doing right and you shall have all right done to you Higgins added that he was saying you are all in a Riot and Mr Swinnock said this is no Riot I can never meet you but you are railing against the King's Evidence Mr Vavasor Note This Spark Vavasor was the malicious and implacable Mover and Promoter of the unjust Prosecution of honest Mr VVilmore and said This Dog VVilmore this Ignoramus Dog If I do but rout him I shall be made the King's Atturney Had Mr Atturney General known that he had the Ambitious thought of supplanting him he would not have given him this lift towards the Office of Kings Atturney by making him one of his Majesties VVitnesses called by Mr Atturney General witnessed that Sheriff Shute ordered Proclamation to be made and told them where as my Lord Mayor had taken upon him to Adjourn We the Sheriffs being the proper Officers do Adjourn to Tuesday at nine of the Clock And Vavasor added that had it not been for Trice Hammond he believes he had been trod under foot Then Farrington testified that Mr Wickham a Scrivener said to him My Lord Mayor has nothing to do here We will not be ruled by any of your Tory Lord Mayors and he added that they fell about him and he was in great danger of mischief for they trod upon his Toes Mr Kemp testified that Mr Deagle confessed to him that he was there about seven at night with Alderman Cornish It will no doubt be a warning to Mr Deagle to go upon his next transgression a little further than Pater Noster-Row for a Confessor Mr VVilliams then urged on behalf of the Defendants That for the Cries and Disorders nothing was fixed upon them and it appeared not whether one Party or other made the noise That the question here was whether the Sheriffs did more than their Office and he did not see the Government concerned one way or other That here is nothing more proved than the continuing the Poll and it will be very hard to make them guilty of a Riot Sr Francis VVinnington added That at this rate They that are the greatest Number or rather the most powerful Party may upon every occasion make them against whom the Election is carried to be Rioters Then Sr Robert Clayton witnessed That when he was Lord Mayor a Person whom he drank to for Sheriff was rejected by the Common-Hall and they were left to choose two Sheriffs for themselves That the management of the Election was left to the Sheriffs who did grant a Poll and managed it which Sr Robert took to be their duty and did not apprehend it to be his right That that Poll was the most litigious he had known and lasted five or six days and the Sheriffs adjourned it without consulting him or receiving any direction from him for he did not look upon it to be in his power Here the Attorney General and Mr Jones designing without doubt to catch this prudent and well-deserving Gentleman as they lately had the worthy Sr Patience Ward did mightily labour to have him be positive in his evidence but he not being to be so ensnared declared that he spoke to the best of his remembrance every thing he said Alderman Love then witnessed that when he was Sheriff about two twenty Years ago he took it for granted that it was the Sheriffs Office to manage the Common-Hall as my Lord Mayor's was to have a Sword born before him and that he received it by Tradition from all before him That in his Sheriffalty when they came to chuse Sheriffs the Lord Mayor said to him and his Brother Gentlemen look to your Office that one was put in nomination who had been drank to and he being a sitting Alderman he was chosen with another He added that had my Lord Mayor gone about to intermeddle he should have desired him to meddle in his own Office and let him alone with his That he never knew or heard that the Lord Mayor interposed till of late years but the Sheriffs managed the whole business of chusing Sheriffs Deputy Sibley then testified that he had been of the Livery ever since the Year 1639. That in all his time except of late the Sheriffs had the management of the Election and the Lord Mayor never interposed but he and the Aldermen went off the Bench. Mr Winstanley testified that when Sr Samuel Starling was Mayor Sr James Edwards and Sr James Smyth the Sheriffs managed the Poll between Mr Kyffen and Sr Robert Clayton Mr Wallop then put this Case in a point of right if there be a probable Cause to insist upon it Suppose I send three or four Men to a Wood and take a Car or Team if they be a competent Number to cut down Wood if I am mistaken in the title that is no Riot Then Mr Roe testified that he saw a Rabble of about one hundred in the Street with their Hats upon Sticks crying damn the Whiggs they declared that they did it to stop the Polling for Sheriffs Then something in excuse for the Lord Grey's being there was offered Sr Simon Lewis and Sr Jonathan Raymond who were Sheriffs in Sr Robert Clayton's Mayoralty then said That upon the first day of Election of Sheriffs my Lord Mayor adjourned the Court and that afterwards they only appointed from day to day till the Poll was ended The Common Serjeant out-stripped these Gentlemen
inhumane manner concluded thus That you shall have by the Grace of God see that execution be done on Friday next according to Law. You shall have the full benefit of the Law. It may seem proper in this place to note to the Reader the reason why the Grace and Favour as termed by the Chief Justice and Attorney General of being admitted to Tryal was offered to Holloway upon the one and twentieth of April before and now denyed to Sr Thomas Armstrong which cannot be better done then by casting an Eye to the proceedings upon Holloway whereby it manifestly appears that that unhappy person had been wrought upon by the fear of Death and hope of Pardon to be very prodigal in his Confessions it being most evident that what he had declared was more then a thousand Witnesses against himself and that he had put down a multitude of Hear-says and Reports of others the truth whereof never did nor will appear Hereupon they who had before wheedled deluded him do now caress him Mr Attorney told him that at Law he was gone but if he had any thing to say to defend himself the King would not exclude him but extend his Mercy so far as to admit him to Tryal Upon which the Chief Justice said Mr Attorney it is exceeding well and told the Prisoner that the King was pleased to signifie his gratious Intention towards him in that he was contented to wave the Out-lawry and allow him to try the matter if he thought he could defend himself The Prisoner finding himself snared and that this Grace would serve him as it did all others that fell into their power at that time did only answer that he could not undertake to defend himself he having before thrown himself upon the King's mercy and confessed himself guilty of many things in the Indictment So he was sentenced and dyed without Mercy At the place of Execution Sr Thomas Armstrong deported himself with Courage becoming a great man and with the Seriousness and Piety suitable to a very good Christian Sheriff Daniel told him that he had leave to say what he pleased and should not be interrupted unless he upbraided the Government Sr Thomas thereupon told him that he should not say any thing by way of Speech but delivered him a Paper which he said contained his mind he then called for Dr Tennison who prayed with him and then he prayed himself In his Paper he thus expressed himself That he thanked Almighty God he found himself prepared for Death his thoughts set upon another World and weaned from this yet he could not but give so much of his little time as to answer some Calumnies and particularly what Mr Attorney accused him of at the Bar That he prayed to be allowed a Tryal for his Life according to the Laws of the Land and urged the Statute of Edw. 6. which was expresly for it but it signified nothing and he was with an extraordinary Roughness condemned and made a precedent tho' Holloway had it offered him and he could not but think all the world would conclude his case very different else why refused to him That Mr Attorney charged him for being one of those that was to kill the King He took God to witness that he never had a thought to take away the King's Life and that no man ever had the Impudence to propose so barbarous and base a thing to him and that he never was in any design to alter the Government That if he had been tryed he could have proved the Lord Howard's base Reflections upon him to be notoriously false He concluded that he had lived and now dyed of the Reformed Religion a Protestant in the Communion of the Church of England and he heartily wished he had lived more strictly up to the Religion he believed That he had found the great comfort of the Love and Mercy of God in and through his blessed Redeemer in whom he only trusted and verily hoped that he was going to partake of that fulness of Joy which is in his presence the hopes whereof infinitly pleased him He thanked God he had no repining but chearfully submitted to the punishment of his Sins He freely forgave all the World even those concerned in taking away his Life tho' he could not but think his Sentence very hard he being denyed the Laws of the Land. I shall here for the Readers more full Information in this matter subjoyn the Sence of our Present House of Commons of this Proceeding against Sr Thomas Armstrong and the Censure they have most justly passed upon it Martis 12. November 1689. A Petition of the Lady Armstrong and her Daughters was Read Whereupon a Committe was appointed to examine the matter and make their Report to the House Resolved That it be an Instruction to the Committee That they examine who were the Judges that gave the Sentence against Sr Thomas Armstrong and who were the Prosecutors of him and who had his Estate and how the Petitioner may have Reparation And also to examine what Proceedings were in order to a Writ of Error by him desired and how it came to be denyed and by whom And they are to make their Report with all convenient speed Martis 19. November 1689. Mr Chrisly reported from the Committee to whom the Petition of the Lady Armstrong and the Daughters of Sr Thomas Armstrong was referred An account of the whole Proceedings against him And that thereupon they had come to these Resolves 1. That Sr Thomas Armstrong's Plea ought to have been admitted according to the Statute of Edward 6. and that the Execution of him upon the Attainder by Outlawry was illegal and a Murder by pretence of Justice 2. That the Executors and Heirs of Sr Thomas Armstrong ought to have a Reparation of their Losses out of the Estates of those that were his Judges and Prosecutors 3. That a Writ of Error for the Reversal of a Judgment in Felony or Treason in the right of the Subject and ought to be granted at his desire and is not an Act of Grace or Favour which may be denyed or granted at Pleasure To all which Resolves the House agreed Resolved That leave be given to bring in a Bill to Reverse the Attainder of Sr Thomas Armstrong and to make Reparation to his Widow and Children out of the Estates of the Judges and Prosecutors And the same to be without Fees. Munday the 20th of June 1689. Mr Chrisly reported from the Committee to whom the Bill for the annulling the Attainder of Sr Thomas Armstrong was recommitted some Amendments to the Bill as also who were his Prosecutors also what Losses Sr Thomas Armstrong's Family had sustained by reason of the Attainder and thereupon it was Resolved That Sr Richard Holloway Sr Francis Wythens the Executors of the late Lord Jefferies and of the late Justice Walcot Mr Graham and Mr Burton do attend the House on Saturday morning next to answer to such matters as are
charged against them touching the Proceedings against Sr Thomas Armstrong Then Mrs Mathews Sr Thomas Armstrong's Daughter was called in and examined what she knew of the Prosecution against her Father And Sr Robert Sawyer then Attorney General being named by her as one of the Prosesecutors After she was with-drawn he was heard in his place to what was objected against him and then he withdrew and upon debate of the matter it was Resolved That Sr Robert Sawyer 's name be put into the Bill as one of the Prosecutors of Sr Thomas Armstrong Resolved That Sr Robert Sawyer be expelled the House for the same Saturday the 25th of January 1689. The House being acquainted that according to their Order Sr Francis Wâ—thens Sr Richard Holloway Mr Graham and Mr Burton attended at the Door thâ—y were severally called in and examined touching the Prosecution and Proceedings against Sr Thomas Armstrong And also the Executors of the late Lord Jeffryes that were attending at the Door were likewise called in and asked what hey had to say why Reparation should not be made out of the Lord Jeffryes Estate to the said Sr Thomas Armstrong's Family No Persons appearing as Executors to the late Justice Walcot the House was acquainted that he dyed Intestate and had not left an Estate sufficient to pay his Debts After the Persons before-mentioned were heard and with-drawn Mr Blaney was called in who gave the House an Account of the Proceedings in the Court of King's-Bench upon the Awarding Execution against Sr Thomas Armstrong And then the House proceeded upon the Amendments made by the Committee to the Bill for annulling the Attainder of Sr Thomas Armstrong And after having inserted the Name of Sr Robert Sawyer as a Prosecutor and resolved That the sum of five thousand Pounds should be paid by the Judges and Prosecutors to Sr Tho. Armstrong's Lady and Children as a Recompence of the Losses they had sustained by reason of his Attainder the Bill was recommitted upon the debate of the House to the same Committee Notes upon the Tryal between Sr William Pritchard Alderman of London and Thomas Papillon Esq. at Guildhall upon the 6th day of November 1684. before Sr George Jeffryes Lord Chief Justice of the Kings-Bench THat Mr Papillon was second to none in his zealous and undaunted opposition to the wicked attempts of introducing Popery and Arbitrary Government is very well known and deserves to be for ever remembred with honour None out did him in a diligent and faithful discharge of his Trust in several Parliaments In the Year 1681 there appeared a Race of Men fond of Vassalage and Slavery to that degree that they made Addresses of Thanks to the King for breaking two Parliaments in the compass of three Months meerly upon the score of their steady Resolution to extirpate the Popish Plot and Popery One of these fawning Addresses with promise of venturing their Lives and Fortunes to maintain this Violation of the Constitution of the Government having been presented to the King by Sr William Pritchard Sr George Jefferies and others Mr Papillon in abhorrence of it promoted and personally prosecuted a Petition to the Lord Mayor Aldermen and Common-Council praying that the Thanks of the City might be returned to Sr Robert Clayton Sr Thomas Player Alderman Pilkington and Alderman Love their worthy and well deserving Representatives in the Oxford Parliament and shewing That as matters then stood the Papists being animated in their Bloody designs by the hopes of a Popish Successor a Declaration to have frequent Parliaments could not attribute to the safety of the Kingdom and the composing the minds of Protestants but that it must be the sitting of a Parliament so as to search the Plot to the bottom to Prosecute the Conspirators and provide suitable Laws against the impending Evils and that nothing else could be effectual Further This Gentleman having in the same year 1681. greatly added to his guilt by baffling the Popish designs upon the Lives Liberties and Estates of all Protestants in the attempt upon the Earl of Shaftesbury He exerts himself in the year 1682. in the defence of the great and undoubted Right of the Citizens to chuse their own Sheriffs but now arbitrary Power being by the aid of ill Men become rampant and uncontroulable he must be sacrificed to their Revenge Mr Papillon having been duly elected one of the Sheriffs of London and Middlesex he brought a Writ of Mandamus out of the Court of King's-Bench to command the Mayor Aldermen to swear him into the Office that being disobeyed he is advised by his Counsel that he is entitled to an Action at Law for the wrong done him he sends in a respectful way to the Mayor and Aldermen requesting them to give voluntary appearances to his Action that being refused he proceeds by a legal process to bring them to answer him at Law whereupon Sr William Pritchard being arrested by the Coroner of London to whom the King's Writ was directed and detained some hours upon his refusal to give an appearance to Mr Papillon's Action Sr William brings an Action against him for thus arresting him and demands 10000 l. damages wherein he committed a great over-sight for had he ask'd 100000 l. the usual damages given in that day he had not failed of it with the following Jury which tryed the Cause Bartholomew Ferryman an old Informer one of the Jury of the Guildhall Riot Thomas Blackmore One of Dr Otes's Jury and also of the Riot Jury Thomas Symonds William Whatton One of the Riot Jury John Greene Thomas Amy One of Sr S. Barnardiston's Jury Joseph Baggs Daniel Chandler John Reynolds John Allen. Joseph Caine and Will. Wythers junior Fathers own Son. Mr Mundy opened the Declaration to this effect That the Plantiff being Lord Mayor and to attend that Office in the diligent Government of the City The Defendant envying the happy Estate of the Plantiff and contriving unjustly to disturb him in the Execution of his Office did to vex him not having any probable Cause of Action against him maliciously prosecute the King 's Writ out of the Court of King's-Bench against him directed to the Coroner of London commanding him to take Sr William Pritchard at Mr Papillon 's suite in an Action of Trespass and did procure Mr John Brome The Coroner to arrest him and that he was detained in custody six hours To the disgrace and scandal of the Plantiff and of his Office Whereas in fact he had not any just Cause of Action against him to his damage 10000 l. Then the Attorney General told the Jury that the action was brought to vindicate the honour of the Chair from such Affronts as these which in no Age till our times of faction and confusion it ever met with and he said We shall shew you that there lay a further Malice in this case and that there was a design in it against the Government This design was laid to carry on the great
snivelled at and overthrown by a Company of such Whining Fellows Do you think to sham People into Offices No I tell you Villany was the Foundation of it and Knavery the Superstructure Neither Bethel nor that very Fellow that stands there Cornish would have taken the Oaths and Sacrament till they found it would contribute to the design of subverting the Government then these Rascals could qualifie themselves for an Office only to put the Kingdom into a Flame Mr Gilbert Nelson then testified That upon the holdling up of the Hands at the Election of Sheriffs the 24 th of June 1682. there were upon the view most for Mr Papillon and Mr Dubois and that upon the casting up the Poll Books there was the greatest number for Mr Papillon Mr Wightman added that in the Poll-Books there were 2400. and odd for Mr Papillon and Mr Dubois Mr Leonard Robinson added that by the Hands the majority was much more for Mr P. and Mr D. than for the other two and the Sheriffs did so declare their opinion and a Poll being demanded and granted after it was closed in the Evening the Sheriffs declared the Numbers upon the Hustings Mr P. and Mr D. had above two thousand and Mr North and Mr Box some hundreds under two thousand Mr Baker testified that the Action was brought by the advice of Mr Wallop Mr Pollexfen and Mr Thompson Then the Chief Justice comes to sum up the Evidence and after a most tedious Introduction proceeds to discharge his Spleene thus Come Gentlemen it is best to be plain Tho' it is true a Man may lawfully sue for such an Office and it is no offence yet it looks somewhat extraordinary 't is for some strange purpose or other It is notoriously known that for several Years the Government has been beset and which is a baser thing than ever was thought of or acted in the highest times of Villany the very Methods of Justice have been corrupted and all to serve the main design of subverting the Government Gentlemen this is so black a Wickedness that no honest Man that has any sense of Loyalty Religion or common Justice but must tremble at the very thoughts of it When we see such Fellows as are common Reproaches to the Government shall get into Office to make Ignoramus Juryes When men begin to take Oathes to sanctifie Villany what shall we say And all this you all of you Gentlemen know to be true Was it not more safe to conspire the death of the King his Brother than to give the least frown upon one of these snivelling Saints Did not we know that Men were sanctified to be Jury-men that before were never thought fit to be trusted with the common Society of honest Men Mr Papillon knows all this to be true eminently When pack'd Jurys were grown to that heighth that when seven or eight Witnesses swore down-right Treason The Traytor could not by these Men so much as be accused by an Indictment To that stupidity in Villany were things brought by these Fellows So far were the proceedings in Courts of Justice tainted that cropp'd Hair and a demure Look were the best signs of a good Evidence Gentlemen There was not a pursuit of right in this case It was a designed piece of Villany on purpose to affront the Government nay to destroy it and if he were ten thousand times Mr Papillon I would tell him so It is plain Gentlemen that the design from the beginning to the end was to cause a tumult and confusion in the City in order to put that damned hellish Conspiracy for destroying the King and his Brother and every man that was honest and loyal in execution This Gentlemen is plain English We all know Mr Papillon to be a wealthy Man one that had rather have minded his Affairs than the expensive Office of Sheriff but that something was to be done to wreak a damned Malice and Revenge upon the Government This I tell him openly and let him and his party make their Remarks upon it as they please There was questionless a devilish Malice fixed in his heart and mind and he wanted an opportunity to effect it and he thought it best for his own security to take this course and nothing else was in it Alack-a-day as Mr Pilkington said I am for the preservation of the Liberties and Properties of the Subject but I find the City is strangely run down in their Rights and Priviledges I will rather take a troublesome Office than let all run thus and immediately sets himself a Cock-a-hoop as if there were none to take care of the City but himself He and Mr Bethel and Mr Cornish forsooth are the only Men of the times the Men Men for the Liberties of the Subject and the Rights of the City Gentlemen the Government is infinitely concerned in this Case that puts a weight upon your enquiry into the damages your severity in this Case will deter all People from entring into Clans and Cabals to affront the Government That I may not further nauseat the Reader with the foul Language venomous Malice of this Insolent arrogant and intolerable Slanderer I shall transcribe no more of his virulent discourse though he run on to a strange length at a most wicked and infamous rate of Falshoods and Defamations against the best Men of the City without any manner of colour for the truth of what he said The Jury thus directed found for the Plantiff and assessed Damages to 10000 l. The Chief Justice said Gentlemen you seem to be Persons that have some sense upon you and consideration for the Government and I think have given a good Verdict and are to be greatly commended for it By this extravagant and most unrighteous Verdict was this upright and Wise Citizen Mr Papillon drove into Exile till Heaven vouchsafed him with the Nation a most Miraculous and happy deliverance by the glorious Vndertaking of our now Soveraign then Prince of Orange That it may not be forgotten how this Plantiff Sr William Pritchard came to be Lord Mayor I shall subjoyn the Account of the Poll taken when he was brought on Sr Thomas Goold had 2257 Votes Alderman Cornish had 2227. Sr William Pritchard had but 2144. Sr Henry Tulse had 236. Being conscious that in the foregoing Account of the Tryal of the pretended Guildhall Riot I forgot to intimate to the Reader that Lieutenant Colonel Quiney had a Warrant for what he did tho' he did not condescend to show it to such Men as Sr Robert Clayton and the other Aldermen upon whom he put the Indignity before mentioned to do him right and to shew that though he might act too headily 't was not upon his own Head I shall in this place insert the Names of those who ordered him and the Forces he then commanded to that Post They were The Lord Mayor Sr John Moore Sr George Waterman Sr James Edwards Sr Will. Pritchard Sr Hen. Tulse Sr James Smith
Sr John Peak Sr John Chapman Sr Sym. Lewis Sr John Mathews Sr Benj. Newland Sr William Dodson Sr John Buckworth Lt. Colonel John Steventon Thomas Cowden Edward Beaker John Wallis John Nicolls William Parker Henry Loads Peter Aylworth John Short Richard Aily Benj. Skut Humphrey Stroud William Carpenter Remarks upon the Tryal of Alderman Cornish at the Old-Bayly upon Munday the 19th of October 1685. Before the Lord Chief Justice Jones the Lord Chief Baron Justice Wythens Justice Levins Justice Streete Baron Gregory and Jenner the Recorder WHen the Reader remembers what part this Eminent and Worthy Citizen acted in the mighty Struglings between Christianity and Popery English Liberties and Tyranny he will not be surprised to see him overwheml'd when by the Aid of the worst of men the Banks of our Security were broken down and the Torrent of Popery and Arbitrary Power carried all before it That from the time of the discovery of the Popish Plot the Conspirators did with indefatigable Industry apply themselves to shift it off to the Protestants is most undoubtedly and beyond contradiction true This alarming the City and it being well known that the Lives Liberties Estates of English-men against Arbitrary Attempts upon them Lay in Tryals by Juryes The Citizens in the Year 1680 rouz'd out of the Lethargy in which they had long lain and bethink themselves how to secure substantial honest Juryes knowing that that could only be accomplished by proper Sheriffs They pitched upon and elected Mr Bethel and Mr Cornish to serve in that Office By so doing and by a like Election of Mr Pilkington now deservedly Lord Mayor and Mr Shute in the succeeding Year 1681 the Popish design of murdering Protestants under colour of Law was Post-poned until the Ancient Right of Electing Sheriffs was ravish'd from the City in the year 1682. However the Conspirators impatient of delay made their attempt in the Sheriffalty of Mr Bethel Mr Cornish The Earl of Shaftesbury and divers others are now clapt up upon pretence of a Plot and an experiment is made upon Mr Stephen Colledge a Man of great Honesty and who wanted nothing but a Figure to make him every way valuable But these Sheriffs not furnishing a Jury to cut him off The Earl of Shaftesbury and the rest who were imprisoned are reserved for the next Sheriffalty When they hoped tho' as Heaven would have it without ground to get Sheriffs and by them Juryes for their purpose And the Conspirators being enraged at the disappointment and baffle put upon them by an honest City-Jury in the Case of Mr Colledge They hurry that poor man to Oxford and there by most unpresidented illegal Practices basely murder him Further it cannot be forgotten that the honest endeavour of these worthy Sheriffs Mr Bethel and Mr Cornish to have the Sham-Plot of Fitz. Harris throughly searched into did greatly contribute to their future Sufferings The mentioning this Wretch forces a Remembrance of the Stratagems then used to present his discovery of the Authors of his Trayterous Libel and of the design for which it was framed That that matter might not be pryed into by the Magistrates of London he is removed from Newgate to a most close Confinement in the Tower Then he being Impeached in the Oxford Parliament in March 1680 to hinder the Examination of it there that Parliament is dissolved Quickly after he is tryed and condemned in the Court of Kings-Bench Then tho' a Papist he is left solely to the management of Dr H. of the Tower and without controversie was held to the last Moment of his Life under the hope and expectation of a Pardon if he would confess or to speak more properly say as he was directed But being deluded and his Mouth stop'd The Doctor in his Name emits to the World a Mock Confession inconsistent in it self and most notoriously void of truth but most wickedly contrived to render these Sheriffs and also those worthy Gentlemen Sr Robert Clayton an Alderman and Sr George Trâ—by Recorder of London infamous and odious to the highest degree and all this with design to create a belief of a Protestant Plot particularly the Doctor 's Paper charged the Sheriffs that they came to Pitz. Harris in Newgate with a Token from the Lord Howard which he knew to be true and told him nothing would save his Life but discovering the Popish Plot and gave him great encouragement from the Lord Howard that if he would declare that he believed so much of the Popish Plot as amounted to the introducing the Roman Catholicks or if he would find out any that would criminate the Queen or the Duke or make so much as a plausible story to confirm the Plot that the Parliament would restore him to his Father's estate with the profits thereof since his Majesty's Restoration How idle false groundles and villanous soever this Story was it highly irritated the Conspirators against these Gentlemen About this time God for the Scourge of the Nation had sent into the City that common Nusance to Mankind a Race of blind sensless Creatures who hardly deserved to be called Men and therefore took to themselves the Name of Tories These Animals seeming to delight in Fetters of Iron rather than Chains of Gold were the Champions for Arbitrary and Despotick Power They set themselves to betray the Rights and Liberties of the City and to bring all Free-born Englishmen to live at the Will of an Absolute Prince These by Addresses of Thanks for the Violation of the Laws and of Abhorrence of those who endeavoured to maintain them invited the Conspirators to attempt the overthrow of the Antient Priviledges and Government of London Nay their Solicitation Backt with assurance of a Surrender procured the bringing a Quo Warranto against the City Charters But the Wretches failing their Principals herein as they ever did in all things but Noisy Huzza's and a Committee of Aldermen and Commoners true English-Men being appointed to guard the City Franchises against the Quo Warranto Attack New Measures must be taken hereupon The Tories now perceiving that their Quo Warranto must pass the Formalities of Westminster-Hall witb bended Knees supplicate the aid of that Tool of State Secretary Jenkins He readily espouses them and having the Ascendant of Sr John Moor at this time most unluckily Lord Mayor directs him to constitute Mr North and Mr Rich Sheriffs of the City which he as obsequiously as daringly undertakes Many worthy Citizens whose names deserve eternal remembrance boldly withstood these Arbitrary Illegal Attempts Amongst them Mr Bethel and Mr Cornish were not the last and they felt with the first the rage of the Conspirators and their Adherents Their honest innocent and peacable appearing to Vote for the Election of Shâ—riffs in 1682. according to the undoubted right of the Citizens was termed a Riot and in Mr Cornish's Tryal now before us a Branch of the Plot. and most certainly is was the greatest Plot and Treason