be put apart and examined one by one which was granted And then William Blathwayt Esq appeared and delivered in a Paper deposing that it was put into his Custody by Mr. Gwyn Clerk of the Council who seiz'd it among others in my Lord Shaftsbury's House and brought them to the Council-Office put them into one of the Rooms look'd the Door and deliver'd the Key to him And being ordered by the Committee of Examinations he fetch'd up the Trunks and Papers into the Council-Chamber and this Paper he took out of a Velvet Bag which was in the great Trunk that was sealed and then opened on July 6. in the presence of Mr. Samuel Wilson and Mr. Starkey who were both appointed by the Lord of Shaftsbury Then Mr. Gwyn being called deposed That on July 2. by a Warrant from the Secretary he searched the Lord Shaftsbury's House for Papers where was a great Hair-Trunk in which were several sorts of them and a Velvet Bag into which he put some loose Papers and sealed up the Trunk and being sent another way he deliver'd it to Mr. Blathwayt That all the Papers that were in the Velvet Bag he had in my Lord's Closet and that nothing was in that Bag but what he had there when he delivered it to Mr. Blathwayt Then Mr. Secretary Jenkins deposed That that was the Paper that Mr. Blathwayt delivered into his Hands in the Council-Chamber with nine more which he had kept under Lock and Key ever since till Monday last when he took them out and being numbred sent them sealed to Mr. Graham who brought them back to him again without any alteration whatsoever The Paper then was read which was to this effect That We the Knights c. finding to the grief of our Hearts the Papists Contrivances against the Protestant Religion the Life of the King and Laws and Liberties of the Nation to set up Arbitrary Power and Slavery And it being notorious that they have received Encouragement and Protection from James D. of York and from their Expectations of his succeeding to the Crown c. And that by his Influences Mercenary Forces have been levied Parliaments unreasonably Prorogued and Dissolved and the Army and Ammunition put into the hands of his Party and the Reputation and Treasure of the Kingdom hereby wasted That therefore they endeavoured to Exclude him from the Succession to the Crown and that failing they have now thought fit to propose to all true Protestants an Union amongst themselves by solemn and sacred Promise of mutual Defence and Assistance in the Preservation of the Protestant Religion the King's Person and State and our Laws Liberties and Properties in a Declaration in the Form ensuing Which was to this effect First The Person swears to maintain the Protestant Religion against Popery Secondly The King's Person and State as also the Power and Priviledges of Parliaments Rights and Liberties of Subjects c. Thirdly That J. D. of Y. having profess'd himself a Papist and given Life to the Plot that therefore he would oppose his or any other Papist's coming to the Crown by all lawful Means and by force of Arms if need so require c. To this end they mutually obliged one another to pursue unto destruction all that oppose the Ends of this Association and to defend all that enter into it And do engage that they will obey such Orders as they shall from time to time receive from this present Parliament whilst it shall be sitting or the major part of the Members of both Houses subscribing this Association when it shall be Prorogued or Dissolved and obey such Officers as shall by them be set over them in their several Counties c. until the next meeting of Parliament c. And that they would stick to this Association during Life c. In witness whereof c. Never a Hand was to this Paper Which being read and briefly descanted upon by the Counsel for the King John Booth was then called forth who deposed That about the middle of January last be was introduced into the Lord Shaftsbury's Acquaintance by Captain Henry Wilkinson a Yorkshire Gentleman an old Royalist and an old Acquaintance of his about some Concern relating to Carolina After which he went frequently to my Lord's House and between Christmas and March four or five times Where he hath heard him sharply inveigh against the Times and thought himself undervalued and feared that Popery would be introduced And that the Oxford Parliament that was then shortly to meet would give the King no Mony unless he would satisfy them in what they would insist upon which he said would be the Bill of the Exclusion and the abolishing the Statute of the 35th of Eliz. and passing a New Bill to free the Dissenters from the Penalties of the Laws which if refused would make a Breach between the King and Parliament whose meeting at Oxford was designed only to over-awe them And therefore that himself and divers Noble Lords and Members of the Commons had considered their own Safety and that he had establish'd a matter of fifty Men Persons of Quality that he believed would have Men along with them and he intrusted Capt. Wilkinson with the Command of these Men who were to come to Oxford at such a time and if there were any Breach or Disturbance they were to be ready to assist him and those other Persons in his Confederacy to purge the Guards of all Papists and Tories and purge from the King those evil Counsellors which were about him naming the Earl of Worcester the Lord Clarendon the Lord Hallifax Lord Feversham and Mr. Hide now Lord Viscount Hide whom he look'd upon as dangerous Persons and then to bring the King away to London where those things should be established which they designed for the Preservation of the Protestant Religion and keeping out of Arbitrary Power and Government Upon which Capt. Wilkinson desired him to be one under his Command and to provide Horse and Arms to which he consented and did so expecting to be sent for after the Parliament was sat they insisting upon the things the Lord Shaftsbury had predicted but the unexpected News of their Dissolution prevented it Then being ask'd when he first discovered this he answered about six Weeks ago and related the occasion and manner of his doing so Next Mr. Edward Turbervile deposed That in February last he waiting upon the Lord Shaftsbury about his getting some Mony and requesting his Letter to the President of the Council to stand his Friend my Lord said There was little good to be had from the King as long as his Guards were about him were it not for whom they would quickly go down to White-Hall and obtain what terms they thought fit And that the Rabble were all of that Side especially the People about Wapping and Aldersgate-Street That the Rich Men of the City would Vote for Elections but they could not expect they should stand by them in case there
the Prisoners Mrs. Gaunt to be burnt and the other 3 to be drawn hang'd and quarter'd which was accordingly executed upon them and Mr. Cornish was hang'd in Cheapside over against Kings-street on Friday October 23 1685. and his Quarters afterwards put up in several Places and his Head upon the Guild-Hall where it stood till the tidings of the Dutch Invasion summon'd it with the other Quarters into the Grave after they had been expos'd in that infamous manner the space of 3 Years The Trial of Henry Baron Delamere in Westminster-Hall before George Lord Jefferies constituted Lord High-Steward on this Occasion on Thursday Jan. 14 1685. THen and there the Court being met the Lord High-Steward's Commission was first read and the Staff being carried between Garter King at Arms and the Gent. Vsher of the Black Rod was with 3 Reverences delivered upon the knee to his Grace and by him redelivered to the Gent. Vsher of the Black Rod to hold during the Service Then Proclamation was made by a Serjeant at Arms for all Persons present except Peers Privy Councellors and the reverend Judges now assistant to be uncovered and for all to whom any Writ had been directed for the certifying of any Indictment before his Grace to bring in the same forthwith After which Sir Edward Lutwich deliver'd in his Writ and Return which were read And then the Lieutenant of the Tower was call'd to bring his Prisoner to the Bar which having done Sir Roger Harsnet Serj. at Arms was called to return the Names of the Peers which he had summoned who were then called over by the Clerk of the Crown and those that appeared were these following who standing up uncovered answered to their Names each making a Reverence to the Lord High Steward Lawrence Earl of Rochester Lord High-Treasurer of England Robert E. of Sunderland Lord President of His Majesties Privy-Council Henry Duke of Norfolk Earl-Marshal of England Charles D. of Somerset Henry D. of Grafton Henry D. of Beaufort Lord President of VVales John Earl of Mulgrave Lord Chamberlain of His Majesties Houshold Aubrey E. of Oxford Charles E. of Shrewsbury Theophilus E. of Huntingdon Thomas E. of Pembroke John E. of Bridgwater Henry E. of Peterborow Robert E. of Scarsdale VVilliam E. of Craven Louis E. of Feversham George E. of Berkley Daniel E. of Nottingham Thomas E. of Plimouth Thomas Viscount Falconberg Francis Viscount Newport Treasurer of His Majesties Houshold Robert Lord Ferrers Vere Essex Lord Cromwell VVilliam Lord Maynard Comptroler of His Majesties Houshold George Lord Dartmouth Master-General of His Majesties Ordinance Sidney Lord Godolphin John Lord Churchill The Lord High Steward then having acquainted the Prisoner with the occasion of this meeting order'd the Bill of Indictment to be read which was done twice at the Prisoner's desire And then the Prisoner deliver'd in his Plea to the Jurisdiction of this Court that he ought to be tried by the whole Body of the House of Peers in Parliament the Parliament still continuing being under a Prorogation and not dissolved and because there was some agitation of the matter concerning this Prosecution upon his Petition in the House of Lords c. To which the Attorny General answer'd that the Plea was not good there never having been so much as any Indictment returned there nor found during the Session of Parliament besides that the Plea was in Paper and English The Prisoner then desired Counsel to put it into Form But it being a Plea against the Jurisdiction no time could be allowed and the Prisoner having no Counsel ready to plead his plea was over-ruled and he pleaded Not Guilty After which the Lord High Steward gave the Charge to the Peers and Sir Thomas Jenner Recorder of London opened the Indictment and Mr. Attorny General the Evidence And then the Lord Howard was first sworn Who gave the same account about the Earl of Shaftsbury's design'd Insurrection as before he had done at the other Trials where he was a Witness to which therefore the Reader is referred The Lord Grey deposed that Cheshire was one of the Places pitch'd upon for the Rising and for that end the Duke of Monmouth went his Progress into those Parts to make his Interest there and that the Prisoner was one he was directed to advise with That after the late King's Death the Duke of Monmouth was at Amsterdam with the Lord Argyle where there was an Account given of the Design that was in Hand of an Insurrection in Scotland and at that time came over to Holland Mr. Crag from Major Wildman to promote and recommend a Reconciliation between the Duke of Monmouth and the Lord Argyle who till that time had acted in separate interests giving some account that Means and Money were prepared This encouraged the Duke of Monmouth to send Capt. Matthews into England to Major Wildman to desire him to acquaint several Persons among whom the Prisoner was one that he was designed to join the Lord Argyle When Crag return'd to the Duke he gave an account that Major Wildman had convers'd with these Persons and that their Opinion was that the Duke should go for Scotland whereby they might know the strength of the Enemy here by their sending to suppress the Rebellion there and also that Major Wildman desired the Duke to bring over with him a Broad Seal to seal Commissions with and to take upon him the Title of King That soon after Crag's return Jones came with a Message to the Duke from England and was sent back shortly after by the Duke with a Letter of Instructions And the Duke intended first to have landed in Cheshire he very much depending upon that County but afterwards considering that the Persons there being of great Quality and Interest in their Country and able to manage it without his Assistance he chose rather to land in the West the Friends he relyed on there not being of that Quality Mr. Nathaniel Wade deposed that at Amsterdam soon after the Death of the late King the Duke of Monmouth and the Lord Argyle had a Consultation together and agreed that at the same time the Lord Argyle made an Insurrection in Scotland the Duke should invade England For which end the Duke sent Capt. Matthews into England to acquaint his Friends among whom he heard the Lord Delamere named to be ready for his Assistance Crag was sent over for Money but could get none and therefore the Duke sent him over again to pawn his Jewels and get what Money he could wherewith he fitted out 3 Ships laden with Ammunition and having before ordered his Friends to repair to their own Countries to be ready he set Sail and landed at Lyme and ordered his March so as that he might most conveniently meet with his Cheshire Friends In pursuance whereof they came to Keinsham Bridge where a Party of the Kings Horse set upon them of whom they took some Prisoners and thereupon thought it advisable not to let the Kings
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
testified that he being to carry Mrs. Pressicks before Justice Lowther Bolron's Wife said she was sorry for it for she believed her to be an honest Woman and had been a good Neighbour amongst them Mary Walker Servant-maid to Mrs. Lassels Thwing's Sister testified that Bolron proffer'd her 10 l. to swear Thwing was a Priest Then William Bacchus said that when he served a Warrant on the two Mrs. Bolron's to go before Mr. Lowther they said they could say nothing against Six Tho. Gascoyne nor any of the Family Cuthbert Hamsworth said that fie heard Bolron swear Revenge against the Lady Tempest for prosecuting a Suit against him Then the Prisoner endeavoured to prove he was not at Barnborow-hall in 1677. by George Twisley Groom to Sir Tho. Gascoyne who could only say that he used to come there but a night or two in a Year Joseph Cooper said that about a Year ago he heard Mowbray say he knew nothing of the Plot and that he believed Sir Tho. Gascoyne was guilty of no such thing for if he had he should have known it as soon as Bolron and he was a Rogue and a Knave for saying any such thing Edward Cooper sen said he then heard Mowbray say he thought Sir Thomas Gascoyne was not guilty of the Plot. Isabel Heyward a Girle that lived with Bolron as a Servant testified that her Master and Mistrifs falling out she said she would not go to London and if he made her go she would swear that what he had sworn against Mrs. Pressicks was out of Malice Alice Dawson testified that the day after New-years-day was twelve-month Mrs. Bolron said she was sorry for nothing but that her Husband had meddled with Mrs. Tressicks One or two Witnesses more were called but nothing to the purpose Therefore Mr. Justice Dolben summ'd up the Evidence and Mr. Baron Atkins proceeded to do the same And the Jury withdrawing for a while brought in Thomas Thwing Guilty and Mary Pressicks not Guilty And on the Monday following Mr. Justice Dolben sentenced him to be Drawn Hang'd and Quarter'd The Trials of William Viscount Stafford in Westminster-hall from November the 30th to December the 7th 1680. before the House of Peers ON Tuesday Nov. the 30th the Right Honourable Henege Lord Finch Baton of Daventry Lord High Chancellor of England being constituted Lord High Steward for the present occasion and all things fitted for the purpose in VVestminster-hall and both Houses being seated and the Commons all bare VVilliam Viscount Stafford was brought to the Bar kneeling till the Lord High Steward bid him rise and a Chair set for him After which making a short Speech to him concerning the occasion of his appearing there the Articles of Impeachment High Treason against him and the other Lords in the Tower by the Commons of England were read which consisted of seven Heads The 1st That there hath for many Years a Plot been contrived c. 2ly Naming the Persons concerned therein and particularly the Noble Lord at the Bar. 3ly That consults had been held and the Murder of the King resolved on therein c. 4ly That consultations have been for the raising of Men Mony Arms c. 5ly That Commissions had been given and received and particularly a Commission for the Lord Stafford to be Pay-master of the Army 6ly That to hide and hinder a Discovery an Oath of Secresy and the Sacrament had been given and taken and Sir Edm. Godfrey murdered 7ly That the Guilt of that Murder was endeavoured to be put upon Protestants c. The Lord Stafford's Answer to which was then also read wherein he put himself upon his Peers for Trial affirming himself Not Guilty After this Serjeant Maynard Sir Francis VVinnington and Mr. Treby being of the Committee appointed for the Management of the Evidence opened the Charge and Evidence in very excellent Speeches And proposed to prove first the Plot in general and the Guilt of this Lord therein in particular And therefore as to the first Mr. Smith being sworn gave a full relation of his Travels and Perversion and of what he had heard beyond Sea and in England concerning this Plot. How Abbot Montague and Father Gascoyne in France and other Priests and Jesuits told him that if he would turn Catholick he should have Employment among them there and afterwards England for that they doubted not but the Popish Religion would come in very soon and that because as the Abbot said they doubted not to procure a Toleration of Religion and because the Gentry that went abroad did observe the Novelty of their own Religion and the Antiquity of theirs and the Advantages that were to be had by it But one Father Bennet and others said they doubted it not because their party was very strong in England and in a few Years they would bring it in right or wrong That it was Cardinal Crimaldi who perverted him about 1671 to the Romish Religion at Provence and that afterwards he lived several Years in the English Jesuits Colledg at Rome where he hath often heard it disputed and preached and exhorted that the King of England was an Heretick and that there was no King really reigning and whoever took him out of the way would do a meritorious Action particularly by Father Anderton Mumford Campion but chiefly Southwel one of the chief of the Jesuits That when he came away thence for England these Fathers for a whole Month were exhorting that the King of England was not to be obeyed and that in all private Confessions all Persons who might be thought capable of any design were to be instructed that they should use all their Endeavours for promoting Popery That while he was at Rome he read Coleman's Letters of Intelligence once a Month and therein how the Duke and the Queen and the chief of the Nobility were of their side how they carried matters several times the ways the Lord Clifford and Sir VVilliam Godolphin did use to effect the work and that they question'd not to get the Lord Danby on their side too That when he return'd into England he found all the Popish Clergy in great hopes of Popery coining shortly in That he knew of Money gathered in the North but refused to joyn therein That as to the Lord Stafford he knew nothing but that Sir Henry Calverley was turned out of Commission of the Peace through Complaint made to my Lord Stafford of his being active against Popery And that he writ to one Smith that he would not make over his Estate as others did for that he expected some sudden Change or Alteration That the Cardinal who perverted him at the same time spoke of great Assurances that Popery would prevail in England that there was but one in the way and tho that Man was a good natured Man yet they could not so far prevail upon him but that to accomplish their designs they must take him out of the way That now he had been a Protestant two
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
four a Clock in the Asternoon Mr. Keeling came with two more to his house and arrested him at the Suit of Mr Papillon and another of them did the same at the Suit of Mr. Dubois telling him if he would not give Appearance he must go to the Lord Mayor who was at Skinners-hall but that they would take his word till the Morrow Morning However he immediately went to the Lord Mayor's-house and not finding him at home he went to Skinners-hall where he found him all alone and no Alderman only the Officers with him where he had been but a little while but was detained and he with him till about eleven a Clock abundance of People being gather'd together about the Door but a Company of the trained Band-Souldiers coming keptall quiet Then Mr. Wells the common Cryer was called and sworn who deposed That he being in the next room to the Hall wherein the Lord Mayor was arrested was presently sent for to my Lord who bid him send out the Officers to summon a Lieutenancy which he did and the Sword-Bearer being not just then at hand the Lord-Mayor bid him take the Sword and go along with him and so they were carry'd by the Coroner to his own house and the Lord-Mayor put up into a little Room by himself and he commanded by him to go and see for Sir James Edwards and Sir Henry Tulse and the Ld. Mayor that now is whom he found to be all arrested before he came Then Sir John Peake was sworn who deposed that upon the News of the Lord Mayor's being arrested he had order from the Lieutenancy to raise his Regiment which he did in a very little time and came with his Soldier to Skinners-Hall where he heard the Lord Mayor was and prevented any stir as it was feared there would have been Here the King's Counsel rested their Evidence till they had heard what the other said to it Whereupon Serjeant Maynard being of Counsel for the Defendant Mr. Papillon told the Jury in a very learned and excellent Speech that the Lord Mayor was as much subject to the Process of Law and Actions as any private Person in the City if he did injury or that which was not right in his Office That the Defendant did then suppose himself to have wrong done him and had therefore probable cause to bring his Action which he had done in a legal Manner against the Lord Mayor Then Mr. VVilliams insisted upon the probability of the cause of Action it being a controverted Question Whether Mr. Papillon and Mr. Dubois or Sir Dudley North and Mr. Box were chosen Sheriffs of London And some were so much dissatisfied with swearing Sir Dudley North and Mr. Rich Sheriffs as thinking them not duly Elected that they would have the Court of Kings-Bench moved for the Writ of Mandamus to swear Mr. Papillon and Mr. Dubois which Mandamus was granted to which the Mayor and Aldermen to whom it was directed made a Return that they were not Elected Sheriffs of London which Return was apprehended to be false and really to try the truth of this Return was the Action brought against the Plantiff which was the only way they had to right themselves and therefore they proceeded regularly and orderly in a decent Manner applying themselves to get an Appearance to their Action For that first they took out a Latitat against my Lord Mayor and by the Attorny gave him notice of it and desired an Appearance so that the Question in dispute might come to some determination But he was not pleased to give an Appearance to that Writ so they took out a Capias gave him notice of it and desired an Appearance but could have none whereupon they took out an alias Capias and the Coroner then told that he should be called upon to make some Return to the Writ which he acquainted the Lord Mayor with and desired again an Appearance which he refusing the Officer was constrained to arrest him and an Appearance at last was given Upon which they declared in the beginning of Hilary or Easter-Term 83. But it falling out that in Easter-Term 83 that that there was an Information for a Riot upon Midsummer-day before about this contested Election which being tried May the 10th was found to be so and the Sheriffs sworn to be duly elected thereupon being satisfied that they were mistaken they immediately discontinued their Action Then Mr. VVard of Counsel also for the Defendant spoke vindicating the Defendant from some unjust Reflections which the King's Counsel had made as if he had caused the Lord Mayor to be Arrested for the furtherance of some designed Insurrection against the King and Government and shewing the probability of the Cause then at that time though it be quite otherwise since the Question of the Right and Election being determined on the other side in the Trial about the Riot at the Election But the Ld. Ch. Justice here interrupting him would by no means allow that to be the Question then determined which raised some Words between them whereat there was a little Hiss begun which made the Ld. Ch. Justice in a great Fury ask who that Fellow was that durst hum or hiss while he sat there threatning to lay him by the heels and make an Example of him saying That indeed he knew the time when Causes were to be carried according as the Mobile hiss'd or humm'd and that he did not question but they had as good a will to it now Then he suffered the Defendants Counsel to call their Witnesses And therefore Mr Brome being call'd and swore deposed That aster he had the Writs he waited upon my Ld. Mayor praying his Appearance and gave him 9 or 10 days to consider and that the Defendants Attorny Mr. Goodenough did threaten to complain of him to the Court if he did not make a Return of the Writ And that when at last he could get no Appearance the Officers named in the Warrant by his Command did arrest him and carry him to Skinners-Hall and that soon aster he himself was taken into Custody and committed to the Compter Then after the Ld. Ch. Justice had cross'd Questions with him to have forc'd him a fall Mr. Cornish was swore who depos'd That Mr. Papillon and Mr. Dubois being at his house in came Mr. Goodenough the Attorny to receive their Orders what he should do telling them the time was almost spent and he had addressed himself from time to time to the Lord Mayor and some of the Aldermen to get them to appear but they would not They told him they had already given him Orders and desired that the matter might be brought to some Trial or issue and that he should desire an Appearance to the Action and if he would give it take it and remember my Lord Mayor is the Chief Magistrate of the City and pray'd him to carry it with all respect and regard imaginable to him The Ld. Ch. Justice then fell violently
him thanks for the 10000 l. which was given for the Propagation of the Catholick Religion and that it should be imployed for no other Intent and Purpose but for that which it was sent which was to cut off the King which Le Chese's Letter dated in August and which he both saw and read and to which this was an Answer positively express'd That Letter was directed to one Strange then Provincial of the Society in London which Mr. Coleman answered because Strange having run a Reed into his Finger had wounded his Hand and Secretary Mico was ill This Letter he delivered into Le-Chese's own Hand who gave him a Letter in answer to it which he brought to St. Omers and was there inclosed in the Letter from the Society to Coleman He further deposed that in April last Old Stile and May New Stile there was a general Consult of the Jesuits held by virtue of a Brief from Rome sent by the Father General of the Society first at the. White-Horse Tavern in the Strand and afterwards in several Clubs wherein the Death of the King was Conspired Grove and Pickering being imployed to Pistol him in St. Jame's Park for which Grove was to have 1500 l. in Mony and Pickering being a Priest was to have 30000 Masses which at twelve Pence a Mass amounted much-what to that Mony to all which Coleman was privy and in one Letter he writ about it express'd his disire to have the Duke trappan'd into this Plot to murther the King And in case this fail'd there was a further Design lay'd to murther the King at Windsor by four Irish Assassinates provided by Dr. Fogarthy and fourscore Pounds were provided by Father Harcourt a Jesuit and Rector of London for their present Maintainance which Coleman saw upon a Table in Wild-House where he was with Harcourt and gave the Messenger who was there ready to carry them after the Ruffians to Windsor a Guiny for expedition saying he lik'd it very well Yea and if this also should fail there were Instructions brought by one Ashby a Jesuit in July last to London from Flanders to proffer 10000 l. to Sir George Wakeman to Poison the King Which Instructions were seen and read by Mr. Coleman by him copied out and transmitted to several Conspirators of the King's Death in this Kingdom of England that were privy to this Plot. He said 10000 l. was too little and therefore he procured 5000 l. more to be added to it which Sir George Wakeman accepted of and receiv'd 5000 l. in hand with a promise of the Rest as soon as he should have done the Work He deposed likewise that a Consult had been held in the Savoy with the Jesuits Benedictine Monks for the murthering of the Duke of Ormond and raising a Rebellion in Ireland the Pope's Right to that Kingdom being asserted and 40000 black Bills provided to be sent thither for the use of the Catholick Party Coleman being privy thereto and the main Agent therein being heard to say to Fenwick that he had found a way to transmit the 200000 l. for the carrying on this Rebellion in Ireland That he saw likewise several Commissions come from Rome in Mr. Langhorn's Chamber among which was one for Mr. Coleman to be Secretary of State the receipt of which he hath since heard him acknowledg The Prisoner then offer'd something against the Informant from his telling the King when he was examin'd before the Council that he never saw him before Which the Informant obviated by confessing that there and then he did say that he would not swear that he had seen him before his Sight being bad by Candle-light and being then wearied and tired out but that when he had heard him speak he could have sworn it was he but it was not then his Business The other Witness then produced against the Prisoner was Mr. Bedloe Who deposed that he heard Sir Henry Tichbourn say that he had a Commission and that he brought one for Mr. Coleman and the rest of the Lords from the Principal of the Jesuits at Rome by order of the Pope to be Principal Secretary of State And that he was imployed by Harcourt to carry Letters to Le-Chese the French King's Confessor and was at a Consult in France where the Plot was discoursed on for killing the King and did bring back an Answer from Le-Chese to Harcourt in London and on the 24th or 25th of May 1677. he was with Harcourt at Coleman's House where he heard Coleman speak these words That if he had a Sea of Blood and an hundred Lives he would lose them all to carry on the Design And if to effect this it were necessary to destroy an hundred Heretick Kings he would do it The Prisoner then asking Mr. Bedlow if he ever saw him in his life He answer'd You may ask that question But in the stone Gallery in Somerset-House when you came from a Consult where were great Persons which I am not to name here that would make the bottom of your Plot tremble You saw me then The Court then proceeded to other evidence which were the Prisoners Papers and proved the manner of finding them by Mr. Bradley a Messenger and that those which were then produced in the Court were his by the Clerks of the Council and his own Servant Ordering them afterwards to be read The first Paper was a long Letter dated Sept. 29. 1675 sent to Le-Chese wherein he gives him an account of the Transactions of several Years before and of the Correspondence between him and Monsieur Ferrier Predecessor to Le-Chese Asserting that the true way to carry on the Interest of France and the promoting of Popery here in England was to get that Parliament dissolved which says he had been long since effected if 300000 l. could have been obtained from the French King And that things yet were in such a posture that if he had but 20000 l. sent him from France he would be content to be a Sacrifice to the utmost Malice of his Enemies if the Protestant Religion did not receive such a Blow as it could not subsist The receipt of this Letter was acknowledged by Le-Chese in an Answer he wrote to Mr. Coleman and was then read in the Court dated from Paris October 23. 1675. wherein he gives him thanks for his good Service and promises his Assistance in order to the promoting the Popish Religion Then was produced and read a Declaration which Mr. Coleman as Secretary had penned in the King's Name shewing his Reasons for the Dissolution of the Parliament Then also was read a Copy of a Letter written to Le-Chese which Mr. Coleman confessed he himself wrote and counterfeited in the Duke's Name and that when he was so bold as to shew it to the Duke the Duke was very angry and rejected it Several other Letters were read of Mr. Coleman's to Monsieur Ferrier and others and particularly one dated August 21. 1674. to the Pope's Internuncio at Brussels
burnt in the Hand for Felony and afterwards pardoned can be a good Witness Which being granted him he named Mr. Jones Mr. Saunders and Mr. Darnel for his Counsel But Mr. Saunders was not in Court and Mr. Jones said he was not prepared to speak But Mr. Darnal gave his Opinion in the Negative alledging for it 11. Henry 4.41 and 9. Jac. and the Lord Cook p. 154. To which the Attorn General and Mr. Justice Jones asserted the constant Custom and Practice of the Court the same did Mr. Sol. General and Mr. Recorder Then Mr. Justice Raymond went down to the Court of Common-Pleas to know their Opinion who brought word that it was the Opinion of their Brethren That a Man convicted of Felony and not burnt in the Hand a Pardon could not set him Upright but being convicted and burnt in the Hand they suppose he is a Witness Then Mr. Dangerfield was sworn who deposed That about 12 Months ago the Lady Powis sent him with a Letter to the Prisoner who writ back an Answer which the Lady Powis read to him and Mrs. Cellier the Contents of which were This Person I like well and though he be no Scholar he will serve to instruct the Youths as he shall be directed By the Youths he said was meant the St. Omers Witnesses whom the Prisoner was employed to instruct what to say before the Trial. That his Lordship employed him to get Lane out of the Gate-house That his Lordship was concern'd also in those Letters which related to the promoting of the Sham-Plot and were to be conveyed into the Houses of several Persons of Quality and sent 40 s. for his part to pay for copying them That the next day after he had been treated with in the Tower to kill the King which he refused he waiting upon the Prisoner his Lordship ask'd him why he would refuse to kill the King it being that for which he was took out of Prison and was violently angry with him upon which he left him After this the Prisoner began his Defence and against Oates produced a Record which was read in Court of his prosecuting a Man of Buggery at Hastings whom the Jury Acquitted After which coming to London he was converted to be a Papist by one Hutchinson whom since Oates hath converted to be a Protestant which Mr. Hutchinson then appearing testifyed but talking extravagantly the Court was informed he was a distracted Man Then one Armstrong appeared to testify that Mr. Oates was only a Common Scholar at Vallidolid and one Mr. Palmer that he was but the same at St. Omers Then Hilsley affirm'd That he left Oates at St. Omers in April and did not come over with him and to corroborate his Testimony one Osborn affirmed that Mr. Hilsley told him so about the latter end of April Then one Mr. Gregson at whose House Dr. Oates Iodged appeared only to testify to the Poverty of Oates and that he had nothing but what the Jesuits allowed him Then Mr. Littcot testified that he knew nothing of the Divorce but the Court refused to hear such Evidence as not being to the Purpose Then the Records were produced against Dangerfield of his being burnt in the Hand Outlawed for Felony and twice Pilloryed for putting away false Guineys and a gilt Shilling Then Mrs. Cellier testified that Dangerfield told her of the Prisoner's Anger this time 12 month which Dangerfield said was in August last and that she would have sent him with a Letter but he refused to go near his Lordship And Bennet Dowdal said That Dangerfield told him in June of the Prisoner's Anger and that it was because he went to the Tower and his Lordships Name unknown to him The Lady Powis affirmed also That she never sent a Letter by Dangerfield nor never read one to him in her Life and Mrs. Cellier affirm'd the same Sir Richard Barker then deposed of his seeing Oates in June and that his Servants told him they saw him in May 78 Then one Turner deposed That he saw Dangerfield with the Prisoner as he believes in July And one Woodman deposed that carried a Letter from Mrs. Cellier to the Prisoner and brought back 30 s. or 3 l. but for whom he knows not Then the Prisoner would have cleared his Reputation about instructing the Youths but the Court judg'd it needless Therefore Mr. Attorney General summ'd briefly up the Evidence and the Ld. Ch. Justice did the same both taking Notice of the Exceptions made against Dangerfield's Evidence leaving it to the Jury whether he ought to be believed or no and if not that then there would be but one Credible witness After which the Jury withdrawing for a while brought in their Verdict Not Guilty The Trial of John Giles Gent. at the Sessions-House in the Old-Baily on Wednesday July 14. 1680. THE Prisoner then and there appeared having been before Arraigned and pleaded not Guilty to an Indictment for a Barbarous and Inhumane Attempt to Assassinate and Murther John Arnold Esq one of his Majesty's Justices of Peace for the County of Monmouth and now a Member of the Honourable House of Commons The Jury sworn were Christopher Plucknet William Dodd Anthony Nurse John Burton Nathan Goodwin George VVood. James Partridge Laurance VVood. John Bradshaw VVilliam Withers Edward Proby Richard Bromfield To whom the Indictment being read Mr. Gibbs Mr. Holt and Mr. Thompson being of Counsel in this Cause for the King opened the same After which Mr. Arnold himself was sworn and deposed That upon April 15. being Thursday in Easter-Week last he was with some Company at the Devil-Tavern till 10 or past and recollecting he had Business with Mr. Phillip's a Counsellor at Law in Bell-yard that Night he left his Company and his own Servants being out of the way he went to the Room where several of his Neighbour's Servants were and called to some of them to go with him but it happen'd he went away without them And as he went cross Fleet-street he saw two Men in Campaign-Cloaks follow him whom he thought to be Servants belonging to some of his Company who had followed him on his calling But as he went into Bell-yard one of them got before him and turned and looked earnestly in his Face whom passing by when a Woman stood in a Door about the middle of Bell-yard with a Candle in her hand he saw to be this Prisoner at the Bar to whom when his Companion came up he heard them laugh aloud He took no Notice but went on and at the Kennel at the end of Jackanapes-Lane he looking down to find the Kennel a Cloak was thrown over his Head and then he found very rough Hands about his Shoulders and they can him into Jackanapes-Lane just cross the Lane against the opposite Wall and run his Head so hard that he thinks they broke it and then struck him and at the second blow he fell running him through his side into the Belly Then recovering he made what
which the Court adjourned and the Lords sent a Message to the Commons that they had ordered the Prisoner to the Bar again on Monday morning at 10 a Clock The sixth Day MOnday December 6. 1680. about 11 the Court being sat and the Prisoner at the Bar his Petition was read which was for leave to offer a few things more to clear himself and which the Ld. H. Steward told him the Lords had granted He then said that seeing he had received their Order that his Counsel should not be heard touching the continuance of Impeachments from Parliament to Parliament he desired that he might offer them his own Conceptions concerning that urging that they had not yet declared their own Judgments either as to that or whether they did acquiesce in the Judges Opinions praying that his Counsel might be heard as to the other points protesting his own Innocency and Abhorrency of Treason reading then his Case and repeating his Defence c. After which the Lords adjourned into the Parliament Chamber and the Commons returned to their House and received a Message from the Lords that they had ordered the Prisoner to the Bar to receive Judgment to morrow at 10. The seventh Day TUesday December 7 1680. About 11 the Court being sat the Ld. H. Steward took the Votes of the Peers upon the Evidence beginning at the Puisne Baron and so upwards in order the Lord Stafford being as the Law required absent The Ld. H. Steward began then saying My Lord Butler of VVeston Is VVilliam Lord Viscount Stafford Guilty of the Treason whereof he stands impeached or not Guilty Lord Butler Not Guilty upon my Honour The same Question was put to the rest whose Names and Votes follow Ld. Arundel of Trerice Not Guilty upon my Honour Ld. Crewe Guilty upon my Honour Ld. Cornwallis Guilty upon my Honour Ld. Holles Not Guilty upon my Honour Ld. VVootton Not Guilty upon my Honour Ld. Rockingham Guilty upon my Honour Ld. Lucas Not Guilty upon my Honour Ld. Astley Guilty upon my Honour Ld. VVard Not Guilty upon my Honour Ld. Byron Not Guilty upon my Honour Ld. Hatton Not Guilty upon my Honour Ld. Leigh Guilty upon my Honour Ld. Herbert of Cherbury Guilty upon my Honour Ld. Howard of Escrick Guilty upon my Honour Ld. Maynard Guilty upon my Honour Ld. Lovelace Guilty upon my Honour Ld. Deincourt Not guilty upon my Honour Ld. Grey of Wark Guilty upon my honour Ld. Brook Guilty upon my honour Ld. Norreys Not guilty upon my honour Ld. Chandos Guilty upon my honour Ld. North and Grey Guilty upon my honour Ld. Paget Guilty upon my honour Ld. Wharton Guilty upon my honour Ld. Eure Guilty upon my honour Ld. Cromwel Guilty upon my honour Ld. VVindsor Not guilty upon my honour Ld. Conyers Guilty upon my honour Ld. Ferrers Not guilty upon my honour Ld. Morley Not guilty upon my honour Ld. Mowbray Not guilty upon my honour Ld. Viscount Newport Guilty upon my honour Ld. Visc Faulconberg Guilty upon my honour Earl of Conway Guilty upon my honour E. of Berkley Not guilty upon my honour E. of Maclesfield Guilty upon my honour E. of Hallifax Not guilty upon my honour E. of Feversham Not guilty upon my honour E. of Sussex Guilty upon my honour E. of Guilford Guilty upon my honour E. of Shaftesbury Guilty upon my honour E. of Burlington Guilty upon my honour E. of Ailesbury Not guilty upon my honour E. of Craven Not guilty upon my honour E. of Carlisle Guilty upon my honour E. of Bath Not guilty upon my honour E. of Essex Guilty upon my honour E. of Clarendon Not guilty upon my honour E. of St. Albans Not guilty upon my honour E. of Scarsdale Guilty upon my honour E. of Sunderland Guilty upon my honour E. of Thanet Not guilty upon my honour E. of Chesterfield Not guilty upon my honour E. of Carnarvan Not guilty upon my honour E. of Winchelsea Guilty upon my honour E. of Stamford Guilty upon my honour E. of Peterborough Not guilty upon my honour E. of Rivers Guilty upon my honour E. of Mulgrave Guilty upon my honour E. of Barkshire Guilty upon my honour E. of Manchester Guilty upon my honour E. of Westmoreland Guilty upon my honour E. of Clare Guilty upon my honour Earl of Bristol Guilty upon my honour E. of Denbeigh Not guilty upon my honour E. of Northampton Guilty upon my honour E. of Leicester Guilty upon my honour E. of Bridgwater Guilty upon my honour E. of Salisbury Guilty upon my honour E. of Suffolk Guilty upon my honour E. of Bedford Guilty upon my honour E. of Huntington Guilty upon my honour E. of Rutland Not guilty upon my honour E. of Kent Guilty upon my honour E. of Oxford Guilty upon my honour Ld. Chamberlain Not guilty upon my honour Marquess of Worcester Not guilty upon my honour D. of Newcastle Not guilty upon my honour D. of Monmouth Guilty upon my honour D. of Albemarle Guilty upon my honour D. of Buckingham Guilty upon my honour Ld. Privy-Seal Guilty upon my honour Ld. President Guilty upon my honour Ld. H. Steward Guilty upon my Honour Prince Rupert Duke of Cumberland Guilty upon my Honour The Ld. H. Steward then declared that upon telling the Votes he found there were 31 that think the Prisoner Not Guilty and 55 that have found him Guilty Whereupon the Prisoner was brought to the Bar and the Ld. High Steward informing him the Lords had found him Guilty He said God's Holy Name be praised for it confessing it surpriz'd him for he did not expect it and that he had only this to say for suspending of Judgment That he did not hold up his Hand at the Bar which he conceived he ought to have done and that though he was tried upon the Act of 25. Edw. 3. yet there being nothing more in that Act than what is included in the Act of the 13th of this King he ought only to lose his Seat in Parliament which was the Punishment there put down for a Peer submitting to their Lordships and desiring their Judgments in these Points Then the Lords Adjourned into the Parliament-Chamber and the Committee of Commons returned to their own House and the Speaker having re-assumed the Chair the whole Body of the House went with their Speaker to the Bar of the House of Lords to demand Judgment of High-Treason against William Viscount Stafford upon the Impeachment of the Commons of England in Parliament in the Name of the Commons in Parliament and of all the Commons of England Then the Commons with their Speaker went back to their House Then the Lords took into Consideration what Judgment was to be given and it was moved that he might be beheaded After some Debate the Judges were asked Whether if any other Judgment than the usual Judgment for High-Treason were given upon him it would attaint his Blood The Judges were of Opinion that the Judgment for High-Treason appointed by Law is to
him he owned that was the Paper and his Hand but swore it was false and that he saw no Razor Whereupon the Ld. Ch. Justice cried out What a Dust has such a trivial Report made in the World Admit that the Boy had said any such thing What an Age do we live in that the Report of every Child should blow us up after this rate It would make a Body tremble to think what a sort of People we live among To what an Heat does Zeal transport some People beyond all Reason and Sobriety If such a little Boy had said so 't was not an half-penny matter but presently all the Government is to be Libell'd for a Boy which whether he speak true or false is of no great weight and he swears 't is all false Then Thomas Hawkins the Son of Dr. Howkins of the Tower being sworn deposed That he saw VVilliam Edwards in the Tower July 13. and went with him round the Tower looking upon the King while he was walking who going into the Constable's House they went with other Boys to play and afterwards he went Home and then soon after the Rumour of the Earl of Essex's Death coming he with his Father stood before the Window and Edwards came to him and there they stood looking up for an hour or two at the least and then they went out of the Tower together and that he was sure there was no such thing as a Razor thrown out of the Window Upon this the Attorn General said to the Ld. Ch. Justice That his Lordship saw what a fine Case this was and how all this Noise and Bustle has come to be made in the World That the Rumor first did arise in a Fanatick Family and was propagated by that Party Ay said Mr. Jones 't is easily known whence it came Mr. Blathwait was then sworn who informed the Court That on July the 20th Mr. Braddon brought this Edwards to White-hall where the Boy denied before the King that the Matter contained in the Information was true and said it was only a Lie he invented to excuse himself for having play'd Truant that day After this that Mr. Braddon did nevertheless pursue this Business He attested also Mr. Speke's Letter and that he owned before the King and Council Then Mr. Mon-Stevens deposed That about five or six days after the Earl of Essex had murdered himself he saw Mr. Braddon with a young Man and a Boy at the Lord Sunderland's Lodgings and that he told him he came from Sir Henry Capel who not being well could not come himself with an Information relating to the Earl of Essex's Death The Information he gave him to read and then went with him to the Lord Sunderland who took the Information and afterwards Mr. Braddon was committed in Custody and the thing was brought before the Lords of the Council Then Sir Henry Capel was called to know if he employed Mr. Braddon in this Business who deposed That he knew very little of Mr. Braddon but that he had been with him twice and speaking to him of this Business he desired him to acquaint the Secretary of State with whatever he had to say of it to which he seemed very willing Then one Mr. Beech deposed That he was present when Mr. Braddon was apprehended in Wiltshire and several Papers found upon him Copies whereof he deliver'd into the Court and upon Examination committed to the County Goal and from thence removed by Habeas Corpus hither up to London That he then told them his Business was to enquire after the Earl of Essex's Murder and that one Mr. Burgis of Marleborough had writ him a Letter that one Compton Post-Master at Frome could inform him that the News was at Frome that very day the Murder was committed But the Witness said he had been with this Compton who denied it and told him they had no News of it till Sunday following And the Lord of Waymouth who lives near Frome told him that he had an account of it on the Sunday and he believed that was one of the first Letters of it that was in the Country Then the Papers were read in Court which were found about Mr. Braddon at his Apprehension The first was a Letter subscribed Hugh Speke and dated London Lincolns-Inn Aug. 15. 1683. Wednesday Night 10 a Clock and directed For the ever Honoured Sir Robert Atkins Knight of the Bath at his House at Netherswell near Stow on the Old in Gloucester-shire Which because it was the only thing that engaged Mr. Speke in this Trouble the Reader is presented with a Copy of it intire and not abridg'd Honoured Sir THe Bearer hereof is one Mr. Braddon a very honest Gentleman whose Father has at least 800 l. per Ann. in Cornwall It seems it is his Fate to be the only Person that follows and prosecutes the Murder of the Earl of Essex and he has made a very considerale discovery already of it notwithstanding the hard Stream he rows against as things stand and are carried on at present But indeed I thinks it could never have fallen on so fit a Man for he has been a very hard Student and is a Person of a very good Reputation Life and Conversation and has a great deal of Prudence and has as much Courage as any one living whatsoever He went away on a sudden hence Post towards Marleborough to make some further Discovery and what he has discovered he will give you full account of and of all the Transactions hitherto about it I lent him my Man to go with him for fear he should come to any Mischief for most here fear that he will be either stabb'd or knock'd on the Head if he do not take great care of himself And seeing he came into these parts I thought it not amiss to go and advise with you how he had best to proceed in it and I did charge him not to let any Body know who he was that it might not be known that he had been with you For I would not for the whole World that you should come to any prejudice in the least for your kindness towards us For we labour under many Difficulties as the Tide runs at present Pray call Mr. Braddon by the Name of Johnson when he is with you I have given him the same Item We hope to bring on the Earl of Essex's Murder on the Stage before they can bring any of those in the Tower to a Trial. He being in great haste I have not time to write more but to assure you that Mr. Braddon is a Person of that Integrity and Courage that no Body needs fear to trust him I was very willing that he should take your Advice in this Case which is of so great a moment seeing he came within 20 or 30 Miles or thereabouts of your House He will give you a full and clear Relation of every thing in that Affair and how hard they have been upon him Sir Henry
one executed the other having a Reprieve The Prisoner then denyed what he had confest in his Examination saying it was false and that he did not know whence Kelloway and Lawrence came nor did they tell him he confess'd he lodged them but that what he had done was ignorantly and that when his Examination was taken he was in a Maze and he did not know what was put down After this the Ld. Ch. Justice briefly summ'd up the Evidence and the Jury brought him in Guilty The Trial of John Fernley Barber at the Old-Baily on Monday October the 19th 1685. THE Prisoner then and there appearing was arraign'd upon an Indictment of High-Treason for harbouring concealing and relieving one James Burton whom he knew to be a Traitor c. to which he pleaded Not Guilty and the same Jury that was for Ring continued To whom the Indictment being read it was opened by Mr. Phips and Mr. Soliciter General and then the Record of the Outlawry of James Burton was produced and the said James Burton being sworn deposed That he came to London out of Monmouth's Army in the West on Wednesday about three Weeks after the Rout that he lodged two Nights with his Wife and then she being acquainted procured him a Lodging at Fernley's where he lodg'd two Nights more and was took there on Sunday Night That he had been gone two Years before being in the Proclamation for being with Rumbold at the Mitre-Tavern within Aldgate That he saw not Fernley till Sunday at dinner and then they discoursed of the Rout of Monmouth's Army Mrs. Mary Burton then swore how she being acquainted with Mrs. Fernley procured a Lodging for her Husband there not thinking him safe at home Then Mr. Reynolds deposed that he took Burton the beginning of August last at Mr. Fernley's House on a Sunday about eight a Clock at Night up one pair of Stairs who was got into the Chimney and tumbled down while he was there with the Soot about him and one pair of Stairs higher he took Fernley for harbouring him who then said he knew not who Burton was After this Burton's Pardon was produced and read whereby he was rendred a Legal Witness Then the Prisoner said he knew nothing of Burton till Sunday at dinner and then he discoursed him about his Escape in the VVest and that after dinner one Mr. Gaunt came to him and told Burton he should get him a Passage in a day or two's time and that he should take no care for Clothes or Money That he designed to have acquainted a Magistrate with his being at his House the next morning and because Gaunt said he would come again he delayed though he himself was a Constable with a design to apprehend them both And to testify his Conversation he called one Mr. William Rush a Distiller who appearing an Officer presently inform'd the Court he was a great Whigg Nay said Mr. Justice Withers if he be a Whigg he cannot be a little one Mr. Rush said Mr. Fernley always demeaned himself well among his Neighbours and was a good sober Man Mr. Justice Withins again reply'd in Scorn A Wapping Man A sober Wapping Man Then Captain Haddock and Mr. Dove were called but refused to come in But Mr. Whittal came in a Plumber who being ask'd if he went to Church answer'd he did constantly Yes said Mr. Justice Withins there were a parcel of them that went constantly to Church Trimingly Mr. Whittal testify'd to Mr. Fernley's sober Conversation and that he went always to Church and he never heard him speak against the Government The Prisoner then added that he was a poor Man and owed Money and he knew there was 100 l. for securing Burton and there was no Gain by concealing him which shew'd he had no design After the Lord Chief Justice then had summ'd up the Evidence the Jury withdrawing brought the Prisoner in Guilty The Trial of Elizabeth Gaunt the Wife of William Gaunt of St. Mary White-Chappel Yeoman at the Old-Baily on Monday October the 19th 1685. THE Prisoner then and there appearing was arraign'd upon an Indictment of High-Treason for harbouring James Burton and giving him five Pounds whom she knew to be a Traytor c. To which she pleaded Not Guilty And the Jury then sworn to try her and Mr. Cornish were these after Mr. Cornish had challenged thirty five Thomas Rawlinson Thomas Langham Ambrose Istead Thomas Pendleton John Grice Thomas Oneby William Clowdsley Richard Holford William Long-boat Steven Coleman Robert Clavel William Long. To whom the Indictment was read and opened by Mr. Phips and Mr. Attorney General And Mr. James Burton being sworn declared how through Keeling he was with Rumbold at the Mitre-Tavern within Aldgate where the killing of the King was discoursed of which he refused to meddle in and never therefore met but that one time but after Keeling had discover'd finding himself in the Proclamation he absconded for two Months and then Mrs. Gaunt procured him a Passage with Rumbold but the Vessel being leakie he durst not venture and so lay hid at his Daughter 's several Months after and then Mrs. Gaunt got him a Passage again and so he got to Amsterdam and she gave him about 5 l. and two Persons more went with him whom she helped away And this he supposes she did for him because her Husband had been with Capt. Walcot and him about seizing of the Tower Then Mary Gilbert Burton's Daughter deposed that Mrs. Gaunt fetched her Father away in order to send him beyond Sea Then Mr. Burton deposed that Mrs. Gaunt came and proffer'd to convey her Husband away c. And then Burton's Pardon was again produced To all which the Prisoner said very little only that she did not know that her Husband was concern'd in the Plot nor would she give any reason why she took so much care to send Burton away but left it to the Jury who after the Lord Chief Justice had summ'd up the Evidence brought her in Guilty The Trial of Henry Cornish Esq before the Lord Chief Justice Jones at the Sessions House in the Old-Baily on Monday October the 19th 1685. THE Prisoner then and there appearing was arraign'd upon an Indictment of High-Treason for conspiring the Death of the late King and Subversion of the Government c. To which after some Complaints he pleaded Not Guilty desiring his Trial might be deferr'd he having had no notice till last Saturday at twelve a Clock and he could get no Friend to him till eight at Night and then he was permitted to speak with no body but in the presence of the Goaler and had been allowed no Pen Ink or Paper The Court here told him he ought to have none without leave given on a Petition preferred by him He said his Children had petitioned the King the Night before to put off his Trial and it was referred to the Judges and that he did not know whether he was committed for High-Treason
with being then call'd for to the Bar and discharged Upon which my Lord Delamere replied That he should pray to Almighty God to be thankful to him for his Mercy and to my Lords for their Justice and pray'd God to deliver their Lordsships and all honest Men from Wicked and Malicious Lying and False Testimony and pray'd God to bless his Majesty and that long he might Reign And I pray God added the Lord H. Steward to continue to him his Loyal Peers and all other his Loyal Subjects Then a Serjeant at Arms having made Proclamation to Dissolve the Court the Lord High Steward took the White Staff from the Usher of the Black Rod and holding it over his Head broke it in two A Narrative of all the Proceedings against Henry Lord Bishop of London in the Council-Chamber at White-Hall by the Lords Commissioners appointed by his Majesty to inspect Ecclesiastical Affairs On Wednesday Aug. 4. 1686. Present in Council Lord Chancellor Lord Bishop of Durham Lord Treasurer Lord Bishop of Rochester Lord President Lord Chief Justice Herbert UPon my Lord Bishop's then and there appearing before them according to a Summons sent unto him the Lord Chancellor Jefferies ask'd him Why he did not suspend Dr. Sharp when the King commanded and sent him express Order so to do and told him what it was for viz. for preaching Seditiously and against the Government The Bishop answered That if he had done amiss it was not a wilful Fault and that he had took the best Advice he could get and was inform'd he could not do it legally but by way of Express and hearing him That he was not provided with such a Defence as he might have been not knowing what would be laid to his Charge and therefore desired some time and a Copy of their Lordships Commission and of his Charge But his having a Copy of their Commission denied him it being already publickly abroad he desired either to read or hear it read Hereupon the Bishop and all the Company were desired to withdraw and returning within about a quarter of an hour the Chancellor told him All the Commissioners were of Opinion that his Request was not to be granted it being unreasonable But they were willing to allow him more time the Bishop therefore prayed that he might have till the beginning of the next Term but a Week vvas thought enough and so they adjourn'd only until Monday next Aug. 9. 1686. Then and there the Bishop came attended with his Nephew the Earl of Northampton his Brother-in-Law Sir John Nicholas and his Brother Sir Francis Compton c. There being present in Council the same as before The Chancellor told him they vvere now ready to hear his Reasons But the Bishop replied He vvas not so ready as he might have been because he could not light of the Commission to see it until last Night tho he imployed all his time to search for it and he had not had time since to take Advice vvhat to answer and that his Counsel vvas out of Town in vvhom he thought to confide Then vvithdrawing for a quarter of an hour the Chancellor told him They vvould not admit of any quarrelling vvith their Commission for that they were well assured of the Legality of it But asking him what Time he desired at his request they granted him a Fortnight and adjourned It vvas observed that vvhen the Bishop spake concerning the Commission Sir Thomas Clarges spake aloud saying VVell put well put my Lord speaks nothing but Truth There was also another Gentleman Sir John Lowther of Lincolnshire vvho as he vvas coming away in the Crowd said There are some who have represented me as a Papist but the contrary shall appear I will not be afraid nor ashamed to vindicate my Lord Bishop of London 's Cause before the Commissioners themselves Tuesday Aug. 24. 1686. There being present in Council the same as at first the Lord Bishop attending and being asked what he had to say after some Apology for vvhat he vvas about to say he said His Counsel tells him that their Proceedings in this Court are directly contrary to the Statute-Law and vvere there ready to plead it if their Lordships would admit them But the Chancellor told him they vvould neither hear him nor his Counsel in the Matter they being satisfied of the Legality of their Commission Then the Bishop urged that their Commission he conceived did not extend to the Crimes laid to his Charge for they were to censure Faults vvhich are committed But this that he vvas accused of vvas before the Date of their Commission The Chancellor confess'd there vvas such a Clause but that those vvere general Clauses that take in things past as vvell as future Then the Bishop protesting in his own Right to the Laws of the Realm as a Subject and the Rights and Priviledges of lie Church as a Bishop he would with their leave give them his Answer Which was accepted and the Bishop withdrew and left Dr. Sharp's Petition which Dr. Sharp carried on Sunday June 20. 1686. to Windsor and was not admitted to be read Which is as follows To the King 's most Excellent Majesty the humble Petition of John Sharp Clerk sheweth THat nothing is so afflictive to your Petitioner as his unhappiness to have incurred your Majesty's Displeasure vvhich he is so sensible of that ever since your Majesty vvas pleased to give notice of it he hath forborn all publick Exercise of his Function and still continues so to do Your Petitioner can vvith great sincerity affirm That ever since he hath been a Preacher he hath faithfully endeavoured to do the best Service he could in his Place and Station as vvell to the late King your Royal Brother as to your Majesty both by preaching and otherwise And so far he hath always been from venting any thing in the Pulpit tending to Schism or Faction or any vvay to the disturbance of your Majesty's Government that he hath upon all Occasions in his Sermons to the utmost of his Power set himself against all sorts of Doctrines and Principles that look that vvay And this he is so vvell assured of that he cannot but apprehend that his Sermons have been very much misrepresented to your Majesty But if in any Sermon of his any Words or Expressions have unwarily slipp'd from him that have been capable of such constructions as to give your Majesty cause of Offence as he solemnly professes he had no ill Intention in those Words or Expressions so he is very sorry for them and resolves for the future to be so careful in the discharge of his Duty that your Majesty shall have reason to believe him to be your most faithful Subject And therefore he earnestly prayeth that your Majesty out of your Royal Grace and Clemency vvould be pleased to lay aside the Displeasure you have conceived against your humble Petitioner and restore him to that Favour vvhich the rest of the Clergy enjoy under your
but e're long he should find a way to get 1000 l. Then offering to speak to Osborn as to the Thing it self he was not suffer'd as being no Evidence against the Defendants till somewhat had been proved upon them Therefore the King's Counsel proposed to prove that Lane and Osborn who tho laid in the Indictment to join was run away did accuse Dr. Oates and afterwards recant it and that Knox had an hand in all this And to this end Sir William Waller was called and deposed That Justice Warcup and he were order'd by a Committee of Lords before whom a Complaint of Dr. Oates had been brought of the horrid abuse of his two Servants Osborn and Lane to take their Examinations which he did and that Lane's Evidence upon Oath was That he had been induced by Mr. Knox to betray his Master and to swear several Things against him which Knox had drawn up and dictated to him which Osborn writ and he signed them That there were four Letters three or four Memorials and three or four Informations which they had carried Knox accompanying them to have sworn them before Mr. Cheney who not caring to meddle with them they applied themselves to Mr. Dewy who refused them likewise After this Knox took Lodgings for them removing them to several places lest Dr. Oates should hunt them out bidding them stand firm to what they were to do and they should not want for Reward that would maintain them with Footmen and to live well That Knox did at the One-Tun Tavern drop a Guiny upon the Table which he said he would not give because then they might swear that he never gave them any Mony And told them that the Lord Treasurer would never have surrendred himself to the Black Rod unless they had promised to stand fast to what he had dictated to them One part of which Information was that Mr. Bedloe should say to Dr. Oates that the Earl of Danby offered him a considerable Sum of Mony to go beyond-Sea and that Dr. Oates had a Design of abusing Lane's Body That Lane further confess'd that Dr. Oates would be something hasty and passionate but was very Religious and was constant in sending his Servants to Prayers and that he had accused him of a Falshood by the instigation of Knox who incouraged him to it by the Promises of a great Reward That also to prevent a Discovery it was agreed among them that if any one should betray it the other two should murder him That he did likewise declare that the Lords in the Tower would not be wanting to acknowledg the kindness in disparaging the King's Evidence And that at all the Places and several Lodgings and Entertainments they had been at were all at Knox's Charge except twice which might amount to about 18 d. and that he paid And upon the Examinations of Lane and Osborn he found they agreed together to a tittle That he took also the Examination of Knox who said that the Papers he received from Lane and Osborn who said they had writ them out of trouble of Conscience and desired him to go with them before some Justice to swear them denying that he paid for their Lodgings only that he did indeed drop a Guiny and another time 10 s. upon the Bed which they took up but he only lent it them Confessing that the Papers so drawn up and delivered into his Hands were by him delivered into the Hands of the Lord Latimer and were there for some time this Knox belonging to the Lord Dunblane That Knox confess'd also that he sent a Note to Osborn that day he was examin'd which was conveyed to him through the Door to this effect We always Club'd and you paid two Shillings at the Sugar-Loaf Tear this Which was to intimate that they should say he did not bear their Charges Then Justice Warcup being sworn deposed That he also had took Lane's Examination wherein he had confessed as before That also he was by when he was brought before the Lords of the Committee for Examinations and did hear him there first swear the things in these Notes contained and then come afterward and beg their pardon and God's for what he had sworn was false and this too was upon Oath That he heard Knox confess about the Note to Osborn and he took Lodgings for Lane and Osborn in VVhite-Friers by the direction of the Lord Dunblane's Coachman Then one Rix deposed That he help'd Osborn into Dr. Oates's Service and a while after he and Lane came to him and said they were both going off from the Doctor to preferment and should have 100 l. a Year and 500 l. apiece but would not tell how Another time Osborn came to him to borrow a Cravat for he was going to dine with one of the greatest Peers of the Realm at the other end of the Town this Discourse being at VVhite-hall and asking why he would leave Dr. Oates he said Let Dr. Oates look to himself for he had enough against him Then perceiving some Design he gave in his Testimony to Justice VVarcup and upon further inquiry into it the Lords ordered him to send out his Warrants for the taking of Knox Lane and Osborn which he assigned over to him and in a short time after they were taken Osborn then confess'd to Justice VVarcup and Lane to Sir VVilliam VValler Afterwards Rix drinking with Lane in the Prison would have paid but he would not let him for that he had 23 s. which he said Knox had sent him in Another day he came to him and Lane shew'd him a Note which he had put under the Door from a Gentlewoman That if he would stand firm to his Text he should have 500 l. nay he should not want 1000 l. But in case they would not the Lord Treasurer would never have come in and if they did not he would lose his Head And this Lane's Father and Mother told him afterwards and that one Hest did come and tell them so That also Lane told him his Heart was lighter now he had confess'd this and that Knox set him on drew up the Writings and promis'd him those Rewards Then Richard Slightam a Prisoner and Under-Goaler deposed That Knox gave him three half Crowns at one time and promis'd him a considerable Sum to carry Notes between him and Lane and Osborne but he carried none And when Osborne had confess'd he said it would signify nothing because two were better than one Then Mr. Dewy depos'd That at the end of April or beginning of May Knox came to him with two more with him and said the Ld. Latimer wish'd him so to do with Papers ready written which as said were the Informations of one Osborne and Lane who had over-heard Dr. Oates and Mr. Bedloe conspiring against the Lord of Danby but the Parliament then sitting he shifted them off and did not inspect them Then Mr. Henry Wiggens Mr. Bedloe's Clerk deposed That Knox came to him the latter
end of February last and desired him to get him a Copy of his Master's Papers and take a Journal of his Actions and the Names of the Persons that came to him and that the Lord Treasurer would incourage him for his pains saying That Oates and Bedloe were two great Rogues and that the King knew them to be so and believed not a VVord they said and as soon as he had heard all they could say they should be hang'd Then Mrs. VViggens deposed the same as being present all the time that Knox was with her Son who refused that her Son should consent or go then with him as Knox motion'd to the Lady Danby for assurance of Encouragement and any Place in her Lord's disposal Then Mr. Palmer a Yeoman o th' Guard and one that attended Mr. Bedloe and got VViggens into his Service deposed That Mr. Wiggens made a discovery to him of what Knox had said to him for to acquaint his Master with which he did Then Mr. Thomas Dangerfield deposed That he in June was imployed by the Lady Powis to look after the Prisoners Lane and Knox in the Gate-House and did furnish Lane with Mony and got him bail'd out after which he was entertain'd at Powis-House and then removed and had 10 s. a week allowed him and was clothed That Knox afterward got his Liberty by the means of one Mr. Nevil who was furnished with Mony from the Lords in the Tower for that end From this Knox he received several Papers which were Informations against Oates which he sent to the Tower and thence they were sent to Mr. Nevil to enlarge upon and after to the Ld. Castlemain and then to him again by Mrs. Celier with an Order to draw up an Affidavit according to those Directions and get Lane sworn to the same which he did before Sir James Butler it being about Buggery and then he deliver'd the Papers so enlarged to Knox again Who some time after inform'd the Witness that he had got Osborne sworn also to the same Informations and shew'd him the Affidavit whereof he gave an Account to the Lady Powis who understanding his Poverty order'd him Encouragement and accordingly he has 40 s. from the Witness which he believed came from the Tower as also that 10 s. a Week allowed for Lane An Indictment was hereupon to have been drawn up against Oates by the Advice of Mr. Nevil and this Witness against this Term. Then the King's Counsel moved for the reading of these Information The Justices swore them and then the Information of Knox was read which was a relation how Osborne and Lane brought him the Information against Oates desiring him to assist them in getting them sworn to them A Second Paper was offered to be read but there appearing Scandalous Matter to be in it reflecting on the King the Court thought not fit to suffer any more to be read And so the Counsel for the Defendants were called upon to speak Accordingly Mr. VVithens Mr. Saunders and Mr. Scroggs endeavoured to defend their Client Knox by throwing the Guilt upon Lane and Osborne as if they had induced him in and he only acted for them out of Simplicity and great Innocency And to this end they produced Lane's Mother and Sister to shew that Lane and Osborne applied themselves to Knox first Mr. Holt. and Mr. VVilliams were of Counsel for the Defendant Lane who endeavour'd in requital to throw the Guilt upon Knox as being tâ—â— Inducer making it a Battel Royal where every one has two Enemies to oppose But the Case being clear the Court thought it needless to sum up the Evidences or the Jury to go away from the Bar so laying their Heads together they presently declared them Guilty At which the People gave a great Shout and the Prisoners were taken into the Marshal's Custody The Trials of Lionel Anderson alias Munson William Russel alias Napper Charles Parris alias Parry Henry Starkey James Corker William Marshal and Alexander Lumsden a Scotchman at the Sessions-house in the Old-Baily on Saturday Jan. 17 1679. THese Prisoners then and there appearing their Indictment was for High-treason as Romish Priests upon the Statute of 27 Eliz. cap. 2. David Joseph Kemish who was arraigned with them for the same Offence after he had pleaded was set aside by reason of Sickness Corker and Marshal both pleaded that they had been already tried and acquitted for this Offence but the Court convinc'd them to the contrary it being another Fact The Jury then sworn were John Bradshaw Lawrence VVood Matthew Bateman John Vyner Francis Mayo Martin James Anthony Hall Samuel Jewel Richard Bealing Thomas Hall Richard Bromfield Samuel Lynne To whom the Clerk of the Crown read the Charge against Lionel Anderson all the rest being set away and Roger Belwood Esq opened the Indictment Sir John Keiling pursued the Charge and Serjeant Strode all of Counsel for the King in this Cause managed the Evidence And then Mr. Dangerfield swore against him That when he was a Prisoner in the King's-Bench for Debt this Anderson shew'd him a Letter from the Lady Powis which was to desire the Witness to scour his Kettle which was to confess and receive the Sacrament to be true to the Cause The next day accordingly he went into Anderson's Chamber to Confession and received Absolution and the Sacrament from another to whom Anderson sent him that was saying Mass at that time After which returning to Anderson again he told him that he as a Priest did give him free Toleration to go and be drunk with one Stroude being for the good of the Cause he being to bring over this Stroude to be a Witness for the Lords in the Tower to invalidate Mr. Bedloe's Testimony Dr. Oates deposed that he was a Priest a Dominican Friar that he had heard him say Mass seen him consecrate the Sacrament been at Confession with him and seen his Letters of Orders as a Priest which he confess'd to him he had from Rome and that he was an English-Man and the Son of an English Gentleman Mr. Bedloe deposed That he was a Priest and an Englishman and Mr. Anderson's Son of Oxfordshire and he was told that he had heard him say Mass and seen him administer the Sacrament at some the Embassadors House Mr. Prance deposed That he had heard him say Mass several times at VVild-house and had seen him there take Confessions and give the Sacrament having known him seven Years To this Prisoner pleaded that it had not been proved that he was an English-man tho his Speech betrayed him and confess'd his Father was a Lincolnshire-Man and that he had been countenanc'd by the King and his Council and known to most of the dignify'd Clergy-men and if the Parliament had not been dissolved he had been protected by them for his writing against the Temporal Power of Rome and that he was therefore excommunicated by the Church of Rome and had not said Mass in any Parish Church this ten Years