THE TRYALS OF Henry Cornish Esq FOR CONSPIRING The Death of the King And raising a REBELLION IN THIS KINGDOM AND Iohn Fernley William Ring and Elizabeth Gaunt For Harbouring and Maintaining REBELS AT THE Sessions-House in the Old-Baily London on a Commission of Oyer and Terminer held there for the City of London and County of Middlesex on Monday Octob. 19. 1685. LONDON Printed and Sold by George Croom at the Sign of the Blue-Ball in Thames-street near Baynard's Castle MDCLXXXV I Do appoint George Croom Printer to Print and Publish the TRYALS of HENRY CORNISH JOHN FERNLEY WILLIAM RING and ELIZABETH GAVNT and that no other do presume to Print the same December the 1st 1685. THO. JONES THE TRYALS OF John Fernley William Ring Elizabeth Gaunt and HENRY CORNISH Esquire Indicted for HIGH-TREASON MOnday Octob. 19th 1685. at the Sessions-House in the Old-Bayly London The Court being met and Proclamation made for Attendance the Proceedings were as follow Clerk Set John Fernley to the Bar. Which was done Cryer O Yes All manner of Persons are commanded to keep silence upon pain of Imprisonment Clerk John Fernley hold up thy hand Which he did Thou standest indicted by the Name of John Fernley Middlesex THE Jurors for our Sovereign Lord the King upon their Oaths do present That John Fernley of the Parish of St. Mary Matfellon otherwise White-Chappel in the County of Middlesex Barber as a false Rebel and Traitor against the most Illustrious and most excellent Prince King James the Second by the Grace of God of England Scotland France and Ireland King and his natural Lord not having the fear of God in his Heart nor his due Obedience any wise regarding but being moved and seduced by the Instigation of the Devil and his faithful Duty and natural Obedience which a true and loyal Subject ought to have towards his said Lord the King and by Law ought to observe utterly withdrawing and intending with all his Endeavours the Peace and Tranquillity of this Kingdom of England to disturb and War and Rebellion against our said Lord the King to incite and move and the Government of our said Lord the King in this Kingdom of England to subvert and our said Lord the King from his Title Honour and Regal and Imperial Crown of this his Kingdom of England to depose and deprive and our said Lord the King to Death and utter Destruction to bring the 20th day of August in the Year of the Reign of our Sovereign Lord James the Second by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. the first and divers other days as well before as after at the Parish of St. Mary Matfellon otherwise called White-Chappel in the County of Middlesex falsly maliciously devilishly and traiterously with divers Rebels and Traitors to the Jurors aforesaid unknown did conspire imagine and intend our said Sovereign Lord the King now his supreme and natural Lord not only of his royal State Title Power and Government of this his Kingdom of England to deprive and depose but also the same Lord the King to kill and murder and the ancient Government of this Kingdom of England to change alter and totally subvert and a miserable Slaughter amongst the Subjects of our Lord the King throughout all this his Kingdom of England to cause and procure and â—n Insurrection and Rebellion against our Lord the King to procure promote and assist and the same his most wicked most inhumane and most devilish Treasons and Conspiracies Purposes and traiterous Imaginations to fulfill and to effect he the said John Fernley as a false Traitor then and there viz. on the said 20th day of August in the Year of the Reign of our said Lord the King the first as aforesaid at the Parish aforesaid in the County aforesaid well knowing one James Burton to be a false Traitor and as a false Traitor traiterously to have conspired and imagined the Death and utter Destruction of our said Lord the King and War and Rebellion against our said Lord the King within this Kingdom of England traiterously with divers other Rebels to the Jury unknown to have levied and stirr'd up he the said John Fernley afterwards viz. on the said 20th day of August in the Year of the Reign of our said Lord the King now the first aforesaid at the Parish aforesaid in the County aforesaid the said James Burton in the Mansion house of him the said John Fernley situate in the Parish and County aforesaid knowingly secretly wickedly devilishly and traiterorsly did harbour conceal comfort sustain and keep and then and there for the comforting sustentation and maintenance of the said James Burton the said John Fernley Meat and Drink to the said James Burton maliciously and traiterously did give and deliver and did cause to be given and delivered against the Duty of his Allegiance against the Peace of our said Lord the King his Crown and Dignity and also against the form of the Statute in the like case made and provided c. Clerk How sayest thou John Fernley art thou guilty of the High-Treason whereof thou standest indicted or not guilty Fernley Not guilty Clerk Culprit how wilt thou be tryed Fernley By God and my Country Clerk God send thee a good Deliverance Set William Ring to the Bar. Which was done William Ring Hold up thy hand Which he did Thou standest indicted by the Name of William Ring of the Parish of St. Clements Danes in the County of Middlesex Taylor Middlesex THE Jurors for our Sovereign Lord the King do present upon their Oaths That William Ring late of the Parish of St. Clements Danes in the County of Middlesex Taylor as a false Traitnr against the most Illustrious and excellent Prince James the Second by the Grace of God of England Scotland France and Ireland King and his natural Lord not having the fear of God in his heart nor the duty of his Allegiance any ways weighing but being moved and seduced by the instigation of the Devil and the true due and natural Obedience which true and faithful Subjects of our said Lord the King towards our said Lord the King should and of right ought to bear wholly withdrawing and with his whole strength intending the Peace and common Tranquillity of this Kingdom of England to disquiet molest and disturb and War and Rebellion against our said Lord the King within this his Kingdom of England to incite and stir up and the Government of our said Lord the King in this his Kingdom of England to subvert and our said Lord the King from his Title Honour and regal Name of his Imperial Crown of this his Kingdom of England to depose and deprive and our said Lord the King to Death and final Destruction to bring and put the 20th day of July in the first Year of the Reign of our Sovereign Lord James the Second by the Grace of God of England Scotland France and Ireland King
Defender of the Faith and divers other days and times as well before as after at the Parish of St. Clements Danes in the County of Middlesex falsly and maliciously devilishly and traiterously with divers other Rebels and Traitors to the Jurors unknown he did conspire imagine and intend our said Lord the King our supream and natural Lord not only from his royal State Title Power and Government of his Kingdom of England to deprive and depose but also our said Lord the King to kill and put to death and the ancient Government of this Kingdom of England to change and alter and wholly to subvert and a miserable Slaughter among the Subjects of our said Lord the King throughout this whole Kingdom of England to cause and procure and Insurrection and Rebellion against our said Lord the King to procure move and assist And his said most wicked and devilish Treasons and traiterous Conspiracies Compassings Imaginations and Purposes aforesaid to fulfil effect and perfect he the said William Ring as a false Traitor then and there to wit the said 20th day of July in the said first Year of the Reign of our said Lord the King that now is aforesaid at the Parish and County aforesaid well knowing Joseph Kelloway and Henry Lawrence to be false Traitors and as false Traitors traiterously to have conspired and imagined the Death and final Destruction of our said Lord the King and War and Rebellion against our said Lord the King within this his Kingdom of England traiterously with divers other Traitors to the Jurors unknown to have levied and raised and stirred up and he the said William Ring afterwards to wit the said 20th day of July in the first Year of the Reign of our said Sovereign Lord the King aforesaid at the Parish aforesaid the said Joseph Kelloway and Henry Lawrence in the dwelling House of him the said William Ring situate in the Parish and County aforesaid knowingly secretly wickedly divelishly and traiterously he did barbour conceal comfort sustain and maintain and then and there for the comforting sustaining and maintaining of the said Joseph Kelloway and Henry Lawrence he the said William Ring Meat and Drink to the said Joseph Kelloway and Henry Lawrence maliciously and traiterously did give and deliver and did cause to be given and delivered against the Duty of his Allegiance against the Peace of our said Sovereign Lord the King his Crown and Dignity and against the form of the Statute in this case made and provided c. How sayest thou William Ring art thou guilty of the high-Treason whereof thou standest indicted or not guilty Ring Not guilty Clerk Culprit how wilt thou be tried Ring By God and my Country Clerk God send thee a good Deliverance Set Henry Cornish to the Bar. Henry Cornish hold up thy hand Mr. Cornish My Lord I have been confined without any notice given me until Saturday about noon of my Tryal My Lord I do hope seeing I appear before your Lordships and this Honourable Bench who have known something of my former Conversation that you will be pleased to consider me and grant me what is customary and commonly done to Persons in my Circumstances Mr. Jones Mr. Cornish if you please you shall have your time of speaking hereafter but now you are only to plead without any more ado Mr. Cornish My Lord I beseech you hear me a little I have been so confined Lord Mayor Mr. Cornish you must observe the Rules of the Court. Mr. Cornish My Lord I hope I shall be allowed what is customary in such Cases Lord Mayor What is it you would have Mr. Cornish My Lord I do desire if your Lordship will please to consider me Mr. Jones Wou'd you not be arraign'd Mr. Cornish After you are arraign'd and have pleaded you may speak Mr. Cornish Let me tell your Lordship what my case is Is it reasonable not to have above half a-days time for Preparation for my Tryal and no Counsel allowed me Mr. Recorder Nor ought without leave of the Court or by His Majesties special Appointment Mr. Cornish I have not had a Friend to come to me but in the Presence of Major Richardson Mr. Recorder None have in your Circumstances Mr. Cornish My Lord ought not I to have a Copy of the Pannel it is a thing never denied Record It hath been denied very often Mr. Cornish My Lord it is a matter wherein my Life is concerned and therefore I hope your Lordship will hear me Mr. Jones After you are arraign'd you may speak and put off your Tryal if you can Mr. Cornish My Lord I cannot go from this before I possess your Lordship with a right Understanding of it it is beyond Precedent no such Precedent that any man should be kept with that Strictness I have been Recorder Mr. Cornish I wonder you will say so I tell you there is no man accused of your Crime but is so kept Mr. Cornish If your Lordship pleases to allow me a little time I do not question but I can very well satisfie your Lordship and this honourable Court that I am a very innocent Person Mr. Recorder You will have your proper time for that but now you must plead that you may hear the Particulars of your Charge and have an opportunity to make out your Innocence for we must keep the same method with you we do with all other Persons in your Circumstance and therefore you must plead as other Persons do Mr. Jones Will you or will you not Sir without any more ado the Law gives you advantage you may challenge any body there are fourscore returned honest men and you may challenge who you please Mr. Cornish Alas my Lord what can I do Counsel He disputes out of time he is to be arraign'd Recorder Come Mr. Cornish you must plead Mr. Cornish I did understand last night His Majesty was graciously pleased to refer these matters as to my Tryal to my Lords the Judges and my Lord I do hope that the Judges when they hear this matter that I shall have some time allowed Recorder Pray Mr. Cornish take the Rule of the Court your business is now to plead when you have pleaded what you have to offer for the putting off your Tryal may be heard then Clerk Henry Cornish hold up thy hand Mr. Cornish My Lord I would do nothing that should be a dishonour to your Lordship and the Court. Sir James Smith You know the way of the Court Mr. Cornish you must plead Mr. Jones If you will not plead I will move the Court to record your standing mute Mr. Cornish I have known that this Court hath heard what the Prisoner hath to say at the Bar and I have more to say perhaps than any man that ever stood at this Bar. Recorder Mr. Cornish when you have pleaded you have time to speak for your self Clerk Henry Cornish hold up thy hand Which he did Thou standest indicted by the Name of Henry Cornish
THat Henry Cornish late of the Parish of St. Michael Bassishaw London Merchant as a false Traitor against the most Illustrious Prince Charles the second late King of England Scotland France and Ireland Defender of the Faith then his natural Lord not having the fear of God in his Heart nor weighing the Duty of his Allegiance but moved and seduced by the Instigation of the Devil and the cordial Love and true due and natural Obedience which a true and faithful Subject of our late Sovereign Lord the King towards our late Sovereign Lord the King should and of right ought to bear altogether withdrawing and minding and with all his strength intending the Peace and common Tranquillity of this Kingdom of England to disquiet molest and disturb and War and Rebellion against our late Sovereign Lord the King within this Kingdom of England to stir up move and procure and the Government of our said late Sovereign Lord the King of this Kingdom of England to subvert change and alter and our said late Sovereign Lord the King from the Title Honour and Kingly Name of the Crown Imperial of this Kingdom of England to depose and deprive and our said late Sovereign Lord the King to Death and final Destruction to bring and put the 30th day of May in the 35th Year of the Reign of our said Sovereign Lord the King and divers other days and times as well before as after at the Parish of St. Michael Bassishaw London falsly maliciously devilishly and traiterously with divers false Traitors to the Jurors unknown did conspire compass imagine and intend our said late Sovereign Lord the King his supream and natural Lord not only of his Kingly State Title Power and Government of this Kingdom of England to deprive and throw down but also the said late King to kill and put to Death and the ancient Government of this his Kingdom of England to change alter and altogether subvert and a miserable Slaughter amongst the Subjects of our late Lord the King thorough this Kingdom of England to cause and procure and Insurrection and Rebellion against our said late Lord the King to procure promote and assist And the same most wicked and devilish Treasons and traiterous Compassings Imaginations and Purposes aforesaid to fulfil perfect and bring to effect He the said Henry Cornish as a false Traitor then and there to wit the said 30th day of May in the Year aforesaid at the Parish and Ward aforesaid falsly maliciously and traiterously knowing James the late Duke of Monmouth William Russel Esq and Thomas Armstrong Knight and divers other Rebels and Traitors then lately before in the Parish and Ward aforesaid within the said City of London falsly unlawfully devilishly and traiterously to have conspired the Death and final Destruction of our said late Sovereign Lord the King he the said Henry Cornish as a false Traitor then and there to wit the said 30th day of May in the Year aforesaid within the Parish and Ward in the said City of London falsly unlawfully wickedly and traiterously â—â—d promise to the said divers false Traitors and Rebels then and there present That he the said â—â—â—nâ—y Cornish would be aiding and assisting in the Treasons aforesaid to be done perfected 〈◊〉 brought to effect against the Duty of his Allegiance against the Peace and against the â—â—â—m of the Statute c. Clerk How say'st thou Henry Cornish art thou guilty of this high Treason where of thou standest indicted or not guilty Mr. Cornish This is an heinous Charge Counsel Answer You know you must answer Mr. Cornish I am perfectly innocent Counsel Are you guilty or not guilty You must take the Words Mr. Cornish Not guilty Clerk Culprit how wilt thou be tryed Mr. Cornish By the great God of Heaven and my Country Clerk God send thee a good Deliverance L. C. J. Jones I don't know in what state things are here in the Court I can't tell whether there be a Jury returned or not Clerk He is arraigned L. C. J. Jones Why don't you go on with the Jury Mr. Cornish My Lord I humbly pray your Lordship I have some ground for it L. C. J. Jones You shall be heard in good time Sir Mr. Cornish My poor Children last night preferr'd a Petition to His Majesty and he was pleased to refer it most graciously to my Lords the Judges and I now make my Application to Your Lordships L. C. J. Jones Have you any Answer to the Petition from the King Mr. Cornish It was referred to your Lordships the Judges to consider my Case L. C. J. Jones We may hear more of your Business anon when Mr. Attorney and Mr. Solicitor do come we will stay here till they come to know whether there be any Order from the King to them concerning you Mr. Cornish My Lord I hope it will not be offensive if I should acquaint your Lordships what Usage I have met with since I have been under Confinement I have been under very close Confinement I had no notice of my Try till about Twelve a Clock on Saturday no Friend came to me till Eight a Clock at night and I had no time for preparation for my Tryal My Lord these are hard things but tho' I am denied Counsel I trust in God I shall not need Counsel for I hope if your Lordship pleases to allow me time to clear my self of all matters and I hope with such Satisfaction to your Lordships that you will acquiesce in whatsoever I shall lay before your Lordships I do not come to make an Harangue and Talk my case was such that I had neither Pen Ink nor Paper Mr. Just Withins Mr. Cornish Mr. Attorney and Mr. Solicitor will come we must hear them L. C. J. Jones You shall be heard in your proper time it is a strange thing you won't be satisfied you shall be heard I tell you in your proper time Mr. North. We have arraign'd one Fernley if you please to try him who with Ring was brought to the Bar. Clerk You the Prisoners at the Bar those Persons you shall hear call'd and appear are to pass between our Sovereign Lord the King and You upon your several Lives and Deaths if you will challenge them or any of them your time is to challenge them when they come to the Book to be sworn before they be sworn Cryer O Yes all manner of Persons are commanded to keep silence upon pain of Imprisonment The Middlesex Jury Nehemiah Arnold Francis Stevens Richard Fisher John Howlet John Vigares Samuel Birch William Thompson William Read Samuel Peacock Richard Fitz-gerrard Richard Bromfield John Haynes Cryer O Yes If any one can inform my Lords the King's Justices the King's Serjeant or the King's Attorney before this Inquest be taken between our Sovereign Lord the King and John Fernley and William Ring the Prisoners at the Bar let them come forth and they shall be heard for now the Prisoners stand at the Bar upon their
is charged But Gentlemen that is not all you have express Testimony from Burton himself who it seems was acquainted with him and who had fled from his Neighbourhood by the space of two years almost and yet he receives this Burton into his house I will not say at the first time that he came into his house it doth appear by any Evidence that he knew him to have been in the Rebellion in the West but when he came thither upon Friday he was so kind to him as to leave his own Chamber and to let him have that for his Lodging although now he gives you another excuse plainly frivolous and false that is a pretence of making way for his Wife to lie-in who yet is not delivered He lies there upon Saturday-night and dines with him upon Sunday Saturday perhaps might be a busie day and there is no Testimony at all given by any Evidence of any Discourse that was between them upon that day but upon Sunday when they Dined together Burton swears that he did tell him that he had been in the West in the Rebellion there and he came thither for shelter This man being acquainted with this allowed him to dine with him and harboured him in his House for the space of Seven or Eight hours more without bringing him before any Justice of Peace or any Magistrate who had Authority to commit him although he had a particular Authority of his own as he was a Constable for the conservation of the Peace yet he forgets his Oath as well as his Duty and Allegiance and suffers him still to remain there It is true the Wife of Burton dined with them as Burton himself says and the Woman confesses but she was so busie at her Victuals that she can remember nothing she did not hear that there was any Discourse concerning Monmouth But lest you should want another Witness for Burton is but one Witness to that particular you have him plainly confessing it himself which is above a Thousand Witnesses you have him confessing that Burton did acknowledg he had been in the West and that Monmouth was Routed and yet he continues him in his house nay more this man doth appear to be a Person in whom there was that grâ—at Confidence that another Person Gaunt came and he bids him come into his house and there he discourst of some Traytors and the means of conveying them away that they should not suffer for their Treason and discoursed likewise of conveying away Burton though he had confessed it himself Gentlemen what he tells you is that he did mean to discover when did he intend to discover he did not discover to any Body before the man was apprehended by an Officer he lets Gaunt who plainly appears to be as arrant a Traytor as could he in the World to go away meerly upon his own Parole without taking any course to apprehend him He pretends he is a poor man and he might have gain'd 100 l. if he had discover'd him and surely he would have discover'd him to gain 100 l. but this is a strong Argument that he was deep in the Rebellion himself and one in great esteem with them that being a poor man he would not do his Duty for which he might have had a reward of 100 l. but suffers him to escape This is the Case Gentlemen that is before you if you believe he did knowingly as he himself upon the matter doth confess give any comfort or relief to Burton knowing him to be a Rebel you ought to find him guilty Then the Jury withdrew to consider the Evidence Clerk Set Elizabeth Gaunt to the Bar. which was done Elizabeth Gaunt hold up thy hand which she did Thou standst Indicted by the name of Elizabeth Gaunt Wife of William Gaunt of the Parish of St. Mary White-Chappel in the County of Midd. Yeoman As a false Traytor against our late Serene Lord Charles the Second by the Grace of God her then Natural Lord Not having the fear of God in her heart nor weighing the duty of her Allegiance but moved and seduced by the Instigation of the Devil and the true and natural obedience which a true and faithful Subject of our said Sovereign Lord the King towards our said late Lord the King of right ought to bear withdrawing and with all her strength intending the Peace and common Tranquillity of this Kingdom of England to disquiet molest and disturb and War and Rebellion against our said late Sovereign Lord the King within this Kingdom of England to stir up and move and the Government of our said late Sovereign Lord the King in this his Kingdom of England to subvert and our said late Sovereign Lord the King from the Title Honour and Kingly Name of the Crown Imperial of this Kingdom of England to depose and deprive and our said late Sovereign Lord the King to death and final destruction to bring and put The 24th day of September in the 36th Year of the Reign of our said late Sovereign Lord Charles the II. and divers other days and times as well before as after within the Parish c. Falsly Malitiously Devilishly and Traiterously with divers Rebels and Traytors to the Jurors unknown she did Conspire Imagine and Intend our said late Sovereign Lord the King her then Supream and Natural Lord not only from his Kingly State Title Power and Government of this Kingdome of England to deprive and throw down but also our said late Sovereign Lord the King to kill and put to death and the Ancient Government of this Kingdom of England to alter and wholly subvert and a miserable slaughter amongst the Subjects of our said late Sovereign Lord the King thro'out this Kingdom of England to cause procure Insurrection Rebellion against our said late Sovereign Lord the King to procure and assist And the said most wicked and devilish Treasons and traiterous Compassings Imaginations and purposes aforesaid to fulfil perfect and bring to pass the said Eliz. Gaunt as a false Traytor then and there to wit the said 24th day of September in the year aforesaid at the Parish and Ward aforesaid well knowing one James Burton to be a false Traytor and as a false Traytor trayterously to have compassed and imagined the Death and Destruction of our said late Sovereign Lord the King and War and Rebellion against our said late Sovereign Lord the King within this Kingdom of England together with other Traytors to the Jurors unknown to have intended to be raised she the said the Eliz. Gaunt afterwards to wit the said 24th day of September in the year aforesaid within the City of London aforesaid the said James Burton in a certain house of a person to the Jurors unknown knowingly secretly wickedly devilishly and traiterously did entertain conceal comfort sustain and maintain and then and there for the comforting sustenance and maintenance of him the said James Burton Meat Drink and 5 l. in money for the
vvent to Church when I came from Church I went up to Dinner and when I came in and saw him I asked him vvhat in the name of God brought him there it hath pleased God said he to preserve me hitherto and my Wife interceded so far as to procure me a Nights Lodging vvhich I hope may be no detriment to you I vvish it may not said I and at dinner I asked him hovv he made his escape and he told me hovv he did escape says I vvhat do you mean to do says he some friends vvill procure me a passage beyond Sea upon this I considered with my self and discours'd with him about the West and his Escape out of it about half an hour after we had dined one knocked at the door Mr. Just. Levins What day was this Mr. Fernley Sabbath-day at noon some body knocked at the door and they told me â—here was one would speak vvith me and I came dovvn and there vvas one Gaunt in the Shop says he is Mr. Burton vvithin may I speak vvith him Yes said I up I vvent and Gaunt vvith me and vvhen vve came into the Room they embraced on another and vvere very glad to see one another and Burton gave Mr. Gaunt Thanks for a Guinea he had sent him says Gaunt Mr. Burton I am glad to see you I hope in a little time I shall have a Passage for you beyond Sea says he if you had been here a vvhile sooner you might have gone there are some Gentlemen vvent avvay a vvhile ago says I to Mr. Gaunt Who vvere they he told me it vvas Major 〈◊〉 and his Son and another says I to Mr. Gaunt Do you hear of Ferguson no says he I hear nothing of him as yet but in a little time I may hear from him and Burton asked when he thought he might be going in a day or two's time said he says Burton I have no money nor no cloaths says he take no care for that so he named some Gentlemen that were to go He told him of Colonel Danvers and Major Wildman Upon this Discourse within my self I did consider what way I might do his Majesty a piece of Service I thought it better to forbear and not to seize him presently till I had acquainted some Magistrate and I did think in the morning to have gone to a Justice of Peace and have had him apprehended Burton my Lord I knew was secure for he could not escape my hands I had no design of concealing him I have several eminent Gentlemen to testifie for my Loyalty I thank God I never had an ill Though against His Majesty in my Life only this misfortune hath befallen me upon the account of my Wife I am as innocent as a Child unborn as to any thing against the King L. C. J. Jones But he plainly told you he came from the Army Mr. Fernley He did acquaint me my Lord he did so as soon as I saw him I was startled I did look upon it as a thing sent from God Almighty for I knew my Lord that there was 100 l. for him I knew there was a Proclamation out against him but as for the Outlawry I knew nothing of that a Proclamation I knew there was against him and being a poor man there was no Obligation upon me to conceal him and ruine my self and my Family L. C. J. Jones What was the reason You were so kind as to part with Your own Lodging to entertain him Mr. Fernly My Lord I had fitted my Chamber before he came to the House Mr. Just Withins It is proved you did it upon his Account Mr. Fernley My Lord no body will offer to say that L. C. J. Jones That You quitted Your Lodging and that he came into the same Lodging is clearly proved Mr. Fernley My Lord my Chamber was fitted above a Week before he came not knowing of him for I had no Thoughts of him L. C. J. Jones Pray what Servants have you Mr. Fernley Only a Boy my Lord. L. C. J. Jones Could not you have sent out your Boy when he had discoursed thus treasonably with you but keep him in your House 7 or 8 hours after you had entertain'd him at Dinner Counsel Are you a Constable Mr. Fernley I am a Constable my self and upon the Account of my Office I vvas the more secure I vvas certain he could not escape my Hands and I thought to do his Majesty more Service L. C. J. Jones Hovv could you do His Majesty more Service Mr. Fernley Gaunt told him he vvould come again to him L. C. J. Jones When did he come to you Mr. Fern. About half an hour after dinner L. C. J. Jones But you should have seized him immediately after Dinner How came this man to take so much freedom before you that were an Officer as to talk High-Treason Mr. Fernley My Lord I thank God if I were to dye this minute I never harbour'd a Thought against the King L. C. Baron If you had had a loyal Heart you should have kept Gaunt if you had any thoughts to have done it Mr. Fernley My Lord I will tell you why I let Gaunt go because he promised to come again the next day L. C. J. Jones Would you being a Constable let a man go upon his Word that had confessed himself guilty of Treason Mr. Fernley My Lord if I did any thing it was ignorantly My Lord as for Gaunt when I knew there was a Proclamation out against Danvers and Wildman I hearing Gaunt discoursing about their design I thought promising to come the next day to know how they were to go Mr. Just Levins For God's sake would you trust all this to your own breast If you had had an honest intention you would have gone to some Officers and acquainted them with it some of the King's Justices of the Peace or some of the Privy-Council that such persons would be at your house the next day L. Ch. Baron By your own discourse after you had heard all this discourse and after Burton had told you this you could let him go quietly to his own Chamber If you had such a design as you say you should have first seized Burton Mr. Fernley Another Chamber no he din'd in his Chamber my Lord Mr. Just Withins You went into another Chamber from him Have you any Witnesses Mr. Just Levins They had a confidence in you otherwise Burton and Gaunt would not have talk'd so freely before you L. C. J. Jones There was a great confidence in lodging him in your house being a Constable no body would search a Constable's house Have you any Witnesses to call Mr. Fernley Mr. William Rush Captain Haddock who were call'd L. C. J. Jones Did Burton's Wife dine with you and him Mr. Fernley Yes my Lord. L. C. J. Jones Where did you dine Mr. Fernley In the Chamber my Lord. L. C. J. Jones And was this discourse concerning Monmouth's being beaten in the West at the
maintenance and sustenance of him the said James Burton unto the said James Burton maliciously and traiterously she did give and deliver and cause to be given and delivered against the duty of her Allegiance and against the peace c. and against the form of the Statute c. Clerk How saist thou art thou guilty or not guilty Mrs. Gaunt I desire to have more time to consider of it L. C. J. Jones You know whether you be guilty of this offence what need you have any time of consideration for that Mrs. Gaunt I don't know Sir I am ignorant in the Law and in things of that nature L. C. J. Jones But this is not matter of Law it is whether you did receive these Traytors or no knowingly this James Burton knowing him to have committed Treason Can't you tell whether you did or no Mrs. Gaunt Not guilty Clerk How wilt thou be try'd Mrs. Gaunt By God and my Countrey Clerk God send thee a good deliverance Then the Middlesex Jury returning Mrs. Gaunt was set aside and Ring and Fernley brought to the Bar who were both brought in guilty by the Jury Clerk Set Henry Cornish to the Bar and Eliz. Gaunt which was done You the Prisoners at the Bar these men that have been now called and here appear are to pass between our Sovereign Lord the King and You upon your several Lives or Deaths If you challenge any of them you must speak as they come to the Book to be sworn before they are sworn Mr. Cornish My Lord I must humbly beg leave of your Lordship and this honorable Court that I may renew my request The time of notice given me for my Trial being so short it hath no precedent I think I humbly pray your Lordship I may have time allowed for my Trial I have had no Councel no Pannel no help in the world I had not Pen Ink nor Paper my Lord these are very hard things My Lord His Majesty was petitioned last night by my Children and he was graciously pleased to say that he would refer it to my Lords the Judges I only pray your Lordships that you would be pleased to allow me time Though here is a grievous Indictment brought against me yet I doubt not but to clear my self of what is alledged against me if I have but time to prepare my self for it therefore I humbly pray that I may have time allotted L. C. J. Jones You told us so before that you had exhibited a Petition to the King and that the King did refer it to the Judges you shew us nothing of that Mr. Cornish My Lord I can but only signifie to your Lordship what I hear my Children were with me and told me they had petitioned the King and His Majesty was pleased graciously to receive it Mr. Att. Gen. The King left you to the course of the Law Mr. Cornish It is very hard measure I have no preparation at all no more than at the first moment but I bless God I hope I shall in time satisfie you of my Innocency L. C. J. Jones You were apprehended and seized upon Tuesday last this is almost a week you knew what you were charged withal Mr. Cornish My Lord I did not know what I was charged withal I had no liberty of Friends to come to me my Wife at length obtained leave but it was in the presence of Major Richardson I had no Friend with my Wife no Pen Ink nor Paper L. C. J. Jones Was Pen Ink and Paper deny'd you did you ask it Mr. Att. Gen. As soon as he petition'd for it he had it Capt. Richardson He had Pen Ink and Paper L. C. J. Jones When was that Capt. Richardson On Saturday Mr. Cornish My Lord it was eight a clock at night Mr. Just Levins Mr. Cornish I would not have you think you are used otherwise than other men are for I must tell you it is not usual to have Pen Ink and Paper without leave Mr. Cornish I know it hath been allowed in the like case Mr. Just Withins Ay upon petition never else Mr. Just Levins There are many men and of as good quality as you tried for killing men does any body give them notice Is there any more necessity of notice in point of Treason than in point of Murther Mr. Just Withins I told you what your offence was when you were committed Mr. Cornish My Lord I remember in my Lord Russel's Case he had at least seven or eight days allowed him Mr. Just. Levins It may be so but it is not necessary Prisoners that are tried here generally have no notice at all if one man hath a singular favour another man cannot claim it Mr. Cornish My Lord I have a material Witness above 140 miles off L. C. J. Jones My Lord's Trial I think was put off but till the afternoon Mr. Cornish With submission to your Lordship I think he had eight days assign'd him But my Lord I humbly conceive I have a Witness that is very material in my Case that is 140 miles out of Town in Lancashire I humbly pray I may have time allotted me to send for him L. C. J. Jones Why did not you set forth that in your Petition to the King Mr. Cornish My Lord I did not understand the case L. C. J. Jones Were not you committed for High-Treason Mr. Just Withins I told you so my self I shew'd you the Commitment therefore you can't pretend you were ignorant of it Mr. Cornish My Lord it did not mention this King or the last And I am not a Lawyer I am not skill'd in these things I am very ignorant and hope your Lordship will consider me my Innocence will appear as bright as any mans that ever stood at this Bar. L. C. J. Jones I don't believe you want that Evidence 140 miles off Is he the only man that can make your Innocence appear Mr. Cornish My Lord by what I apprehend he will be the most material Witness I have My Lord I shall desire nothing but with submission to your Lordship and the Bench but I humbly conceive it is very reasonable I should have time and I humbly pray your Lordship to consider it L. C. J. Jones Mr. Attorney have you any directions Mr. Att. Gen. No my Lord. Mr. Cornish I do not doubt If I might have a little time to make my defence Just Withins You should have applied your self to the King it does not lie in our power Mr. Cornish My Lord I humbly pray you to consider my case Mr. Just Withins Mr. Bridgman here on the Bench says there was a Petition before the King for putting it off and the King absolutely refus'd it Mr. Just Levins We have nothing to do Sir we are here by Commission to try you Mr. Cornish My Lord I have been denied a copy of the Pannel I hope that is reasonable I must desire a copy of the Pannel Mr. Att. Gen. That is none of your right
one of the Consultations concerning it and that afterwards be did withdraw himself from the Company as he saies but he saies that this Womans Husband being likewise concerned in the Plot and this woman as he believes knowing that he was able to make some Discovery concerning her Husband and knowing also his danger in respect of his own guilt she endeavours to send him away first to Rochford and so to go beyond Sea And afterwards in another place in Houndsditch and from thence he was to be conveyed beyond Sea It is true there is no direct proof that there was any particular mention that Burton was in the Proclamation for that Treason but the woman saies and Burton himself saies that they do both verily believe that the Prisoner at the Bar did know he was in the Proclamation and therefore there was no particular discourse concerning it and she her self being examined saies she might hear that his name was in the Proclamation and she might hear that his house was searched and that he could not be found and yet notwithstanding all this she endeavours to conceal him What can be the meaning of all this in this woman but that she was very zealous to maintain the Conspiracy and was a great Assistant to all persons that were concerned in it She will not tell you any other cause wherefore she should be concerned to convey this man beyond Sea and therefore in all reason you ought to conceive it was for this it was a known cause made known to all people by the Kings Proclamation If you believe she did know or believe Burton to have been guilty of that Treason and that she did help to convey him away as the Witnesses have proved that she did by giving him money and soliciting him several times to be then you ought to find her guilty Then the Jury desiring to ask a question Burton was called again but being gone out of Court was sent for and Mr. Cornish was set to the Bar. Clerk Henry Cornish Hold up thy hand you of the Jury look upon the Prisoner and hearken to his Cause he stands Indicted by the name of Henry Cornish late of the Parish of St. Michael Bassishaw in the Ward of Bassishaw London Merchant c. as before in the Indictment Upon this Indictment he hath been Arraign'd and thereunto pleaded Not Guilty c. Counsel Mr. Phips May it please your Lordship and you Gentlemen that are sworn Henry Cornish the Prisoner at the Bar stands Indicted for that he knowing that the late Duke of Monmouth William Russel Esq the late Lord Gray and other Traitors had conspired the Death of the late King and to raise Rebellion in this Kingdom did promise to aid and assist them in compassing this wicked imagination against the duty of his Allegiance c. to this he hath pleaded Not Guilty c. Mr. Cornish I am innocent of the whole matter Officer Burton is come L. C. J. Jones Let us make an end of that first In the Evidence that you gave against Elizabeth Gaunt you said that you did receive money from her 5 l. or some such sum Mr. Burton Yes an 't please your Lordship L. C. J. Jones Did she owe you any money Mr. Burton No my Lord. L. C. J. Jones Upon what accompt was it you received that money Mr. Burton She gave it me L. C. J. Jones Upon what accompt was it To assist you in your Escape Mr. Burton She knew I was bare of money and gave it me of her free will L. C. J. Jones And it was at that time you went away Mr. Burton Yes Mr. Just Withins It was to assist you in your Escape Mr. Burton Yes I believe so Mr. Com. Serj. Who paid your Boat-hire Mr. Burton I paid none I don't know the Waterman can tell Mr. At. Gen. May it please your Lordship and you Gentlemen of the Jury Mr. Cornish the Prisoner at the Bar stands Indicted for contriving the Death of the late King and for raising Rebellion in the Kingdom and is charged that he did consent to be assisting to that Rebellion that was then designed it is not unknown to you Gentlemen for there have been several Tryals of that Conspiracy That there was a great Rebellion designed in England by the late Duke of Monmouth the Lord Russel and Sir Thomas Armstrong and particularly Gentlemen there was a Meeting which already hath appeared in publick at Mr. Sheppards House where the Lord Russel the late Duke of Monmouth Sir Thomas Armstrong Mr. Rumsey and the late Lord Gray met to consider and adjust matters At that Meeting Mr. Cornish indeed came in very late for he was invited and knew the Design then he came in late and so was not at the whole Discourse but there was a Declaration framed to be put out when they should Rise and they did acquaint Mr. Cornish with it and they read it to Mr. Cornish and Mr. Cornish did like it very well and promised he would be assisting as we will prove to you Gentlemen Another Instance of Mr. Cornish's Rebellion for I need not tell you what part he acted when he was Sheriff and maintained that that was the ground work of the Rebellion setting the Commonalty against the Government of the City Another Instance we will give you is his Under-Sheriff that was employed to divide the City and to raise men within the City having discourse with Mr. Cornish about settling that matter he liked it very well and promised he would be assisting to him and you may easily presume Mr. Goodenough the Under-Sheriff was very privy to all the acts of Mr. Cornish at that time We will call our Witnesses Mr. Rumsey Mr. Cornish I desire the Witnesses may be kept apart Mr. At. Gen. They are so two times Mr. Cornish You will find me guilty of neither I am as innocent as any person in this Court Mr. At. Gen. So was my Loâ—d Russel to his death Mr. Cornish do you remember that Mr. Cornish Mr. Attorney General I speak in the presence of the great God I am as innocent as any man in this Court Mr. At. Gen. Mr. Rumsey pray will you give my Lord and the Jury an Account of the Insurrection that was to have been in England in the late King's time and what concern the Prisoner had in that affair Mr. Rumsey My Lord about the later end of October or the beginning of November my Lord Shaftsbury desired me to go to Mr. Sheppard's house where there was a Meeting of those Gentlemen that I did name before the Duke of Monmouth my Lord Russel my Lord Gray Sir Thomas Armstrong and Mr. Ferguson and Mr. Sheppard and accordingly I went I came late there my self for they were just going away when I came in I told them my message and they told me they were disappointed by Mr. Trenchard I had not been there a quarter of an hour but we were going away and Mr. Sheppard was call'd
since that to my knowledge Mr. At. Gen. Mr. Cornish will you ask him any more questions Mr. Cornish I desire to know Mr. Rumsey What would you know Mr. Cornish Whether did you and I discourse of these matters at any other time Mr. Rumsey No. Mr. Just Levins You must not stand to Dialogue between one another but speak as we may hear you L. C. J. Jones You shall argue if you will when you come to make your defence in the proper time the improbability of any thing that he hath said or the impossibility or repugnancy to any truth or any evidence that you can give to the contrary but I say this is not your time Mr. Cornish I never was at any Consult in my life Mr. At. Gen. That is a name he gives it was you never at a Meeting about a Rising Mr. Goodenough Sworn Mr. At. Gen. Mr. Goodenough are you acquainted with Mr. Cornish Mr. Goodenough Yes Sir Mr. Cornish My Lord I humbly conceive he is not a Witness he stands Indicted upon an Out-lawry I can produce it Mr. At. Gen. We do admit it L.C. J. Jones They admit your Exception and will answer it by producing a Pardon Mr. Cornish I need not say any thing against him he is known well enough Mr. Just Withins He was your Under-Sheriff Mr. Cornish Mr. Cornish Much against my will I oppos'd him to the utmost and this is nothing but malice against me Mr. Goodenoughs Pardon Read Mr. Cornish I do humbly conceive this can't be done but by a Writ of Errour or an Act of Parliament L. C. J. Jones Can't the King Pardon an Out-lawry Mr. Just Withins That is no piece of Law I am sure of it M. A.G. Goodenough pray what do you know of a Rising intended against the late King Mr. Goodenough All that I have to give an accompt of is a discourse Mr. At. Gen. Answer what I ask what do you know of a Rising by others Mr. Goodenough I know nothing of that business of my Lord Russels but there was a design to Rise Sir in London we design'd to divide it into twenty parts and out of each part to raise five hundred men if it might be done to make an Insurrection L. C. J. Jones What were these men to do when they were Raised Mr. Goodenough They were to take the Tower and drive the Guards out of Town M. A. Gen. Pray acquaint my Lord and the Jury what discourse you had with M. Cornish Mr. Goodenough Before this was agreed on by us I chanced to be at Alderman Cornish's Sir said I now the Law won't defend us tho' we be never so innocent but some other way is to be thought on upon this said he I wonder the City is so unready and the Country so ready I said to him again Sir there is something thought of to be done here but saies I in the first place the Tower ought to be seized where the Magazine is upon this he made a little pause and said I will do what I can or what good I can to this purpose he answered me and about some time after he met me upon the Exchange and asked me how affairs went which I understood to be relating to what we discours'd this is all that I can say I never met after this but only upon the Exchange he asked how matters went Mr. At. Gen. Was there any discourse about seizing the Guards Mr. Goodenough I have told you the whole discourse Mr. At. Gen. Pray repeat it Mr. Goodenough I told him saies I Sir now it is plain the Law will not defend us tho' we are never so innocent or to this purpose Mr. Sol. Gen. Upon what occasion was that discourse Mr. Goodenough Every thing going against us Mr. Sol. Gen. How Mr. Goodenough This was in Easter Term as near as I can remember 83. Mr. At. Gen. Ay 83. Mr. Goodenough Therefore saies I something else is to be thought on some course else is to be taken to this purpose he answered me I wonder the City is so unready and the Country so ready L. C. Baron What Country Mr. Goodenough He had been in the Country as I understood before that I don't know Mr. Cornish What time was this Sir Mr. Goodenough In Easter Term or thereabout 83. I told him then Sir there is something thought of to be done here in London to this purpose but saies I in the first place the Tower is to be seized where the Magazin is so he answered me after some pause he paused upon it saies he I will do what good I can or what I can to this purpose Mr. Sol. Gen. Did he seem to dislike seizing the Tower at all Mr. Goodenough Not at all Sir it did not appear so to me Mr. Sol. Gen. What discourses had you any other time Mr. Goodenough I never had any discourse of this matter or any thing relating to it at any other time but only when I came upon the Exchange how things went Mr. Sol. Gen. And did you give him an account Mr. Goodenough I said well I gave him a general answer for that was not a place to talk in and that I apprehended of this discourse Mr. Sol. Gen. Had you any other matters Mr. Goodenough I had some other matters of managing the Riot that was brought against him and several others and my self also L. C. J. Jones Will you ask him any questions Mr. Cornish Mr. Cornish Whether his Pardon be allowed L. C. J. Jones We heard it read Mr. Cornish This being a Court inferiour to the Kings-Bench L. C. J. Jones Here is a Pardon under the Great Seal Sir and here is a Pardon of that Offence which you charge him with and which you take to be a sufficient exception against his being a Witness we are satisfied it is sufficient Mr. Cornish Pray my Lord is not this Pardon Special L. C. J. Jones What do you mean by that Mr. Cornish Because my Lord he hath been in an Act of Treason since therefore my Lord if he be not pardoned of that L. C. J. Jones No no he is not Indicted for it we can't try him now for any Treason of that nature Mr. Cornish I humbly conceive he hath not had a Pardon for his last Treason L. C. J. Jones I must tell you if he be guilty of Treason till he is Tryed and Convicted it doth not take off his Testimony Mr. Cornish Pray Mr. Goodenough remember all your tricks whether or no was there any body present when this discourse past between you and I Mr. Goodenough No body but you and I. Mr. Cornish You were not so conversant in my house I know Mr. Goodenough Sir I came to you about the business of the Riot Mr. Cornish How many times might you be at my house not three times I believe L. C. J. Jones You ask a question and answer it your self Mr. Cornish My Lord I desire to know where it was these words were
spoke Mr. Goodenough Sir in your lower Room Mr. Cornish In my own house Mr. Goodenough Yes Sir Mr. Cornish And no Company there Mr. Goodenough And no Company Mr. Cornish That is very strange and that afterwards you should meet me and discourse this matter again Mr. Goodenough No Sir all I say is this you met me upon the Exchange and asked me how things went Mr. Cornish That might be in reference to the Suit you were managing for the Rioters I know of nothing else Mr Just Withins And I tell you Mr. Cornish that was a Branch of the Plot take that from me Mr. Cornish My Lord he was Attorney in that Cause and I might ask how matters went in reference to that Tryal but I take God to witness nothing else as I remember L. C. J. Jones But here you say it was a strange thing that Mr. Goodenough and you should be in a Room alone when you acknowledge him to have been the Attorney in a Cause of mighty consequence among you Mr. Cornish He was concerned for all and I stedfastly believe he was never with me twice about that Suit but he hath been at Sir Thomas Players there he often went about that affair and I do not believe that ever he came to me about that business L. C. J. Jones Is that all you have to say to him Sir Mr. At. Gen. Will you ask him any more questions if not go on we have done Mr. Cornish My Lord Colonel Rumsey is a person that hath acquainted the Court that there was a long acquaintance between him and me I have served His Majesty in my Place and do it to this day My Lord it is a very improbable thing that I should meet him at Mr. Sheppards where I saw such wicked and horrible doings and that he should never afterwards speak to me about that affair he came to my house I remember about the return of some Moneys for his own private use for he was then out of His Majesties Employment He does declare here he never said a word to me never spake to me any thing of iâ— but there My Lord it is very strange thing that there should be such a Contrivance to ruin the King and Kingdom and that I should be one in this business this Villany and not be consulted how to carry it on it is very strange they should seeme and never say a word of it afterwards to me My Lord I hope and you Gâ—ntlemen of the Jury that you will consider the improbability of it it is as improbable as any thing in the world I hope it doth appear to your â—oâ—â—shâ—p and Bench that there is no probability in it he owns we had a great deal of freedom he owns we were acquainted for fourteen years together and that I should be at such a wicked villainous place once and see him so often afterwards and never speak of it and never say any thing of it the Great God of Heaven and Earth before whom I stand knows that I know nothing of all that he hath sworn against me He must swear these things to save his own life if he will take away my life he will take away many others without question if he can save his own I should not urge this but God is my Witness I never heard any thing of a Contrivance or Plot till my Lord Russel's Tryal These are very strange things if so be so good a Government as we have shall not protect such innocent men truly my Lord I am as innocent as any man in this Court if I were to appear before the great God in Judgment this moment L. C. J. Jones Look you Mr. Cornish I would with all my heart allow you all the Liberty imaginable to speak pertinently to your Defence but to oppose confidence and very great assurance upon your being in the presence of Almighty God against express Testimony is the weakest defence that can be if you have any Witnesses if you have any thing to urge against the Testimony of any of these Persons besides the improbability of it which you have often mentioned over and over again you shall be heard with all patience if you have Witnesses that you will call we will hear them likewise Mr. Cornish My Lord I think his Treason being confessed and not being pardoned Mr. Just Withins Is that all you will say Mr. Cornish Mr. Cornish I hope you will bear a little with me I am highly concerned L. C. J. Jones You are so Mr. Cornish I have had no help and it is well known I am not skilful in the Law I don't understand what to say nor how to plead my Cause having no help nor no assistance allowed me My Lord it is a most improbable thing that I should be at this place where this horrible wickedness was and that it should lie all this time never mentioned I have been my Lord several times in Prison this year and I think my Vertue will be so much the greater to be again and again purged as I have been that which hath pleased me very much hath been my innocency Would any man in my circumstances have stayed and continued in this Nation if he had not known himself perfectly innocent others have gone away and I could as freely have gone after I have been taken up four times L. C. J. Jones I doubt there are a great many are not gone Mr. Rumsey hath told you plainly it was compassion to you though injury to himself that he did not accuse you sooner M. Just Levins Here is Gaunt staid here till within this Week or Fortnight and never stirr'd Mr. Just Withins Mr. Cornish my Lord hath put you in the right way for your defence if you can invalidate the Testimony or call any Witnesses do it but to talk at this rate you may do it this month for ought I know and 't will signifie no more than it hath done already Mr. Cornish The improbability is so manifest L. C. J. Jones Is it enough to say improbability improbability improbability Is that enough Have you said any more Mr. Cornish My Lord I have said this that this Gentleman that should be so conversant in the Town I in his Company and he in mine Is it not improbable Mr. Just Levins Look you Mr. Cornish I will tell you what the method is to give Evidence first and then apply it in summing up the Evidence if you were summing it up the Court hath all the reason in the World to hear you if you have Evidence the way is to give your Evidence and apply it if you can Mr. Just Withins Have you any Witnesses Mr. Cornish Against Mr. Rumsey Just Withins Against any body Mr. Rumsey if you will Mr. Cornish My Lord I humbly conceive that this Witness Mr. Rumsey ought not to stand if your Lordship satisfies me I shall be very much obliged to your Lourdship He declared upon his Oath when he swore against my
here to hear impertinencies God forbid Sir I should hinder you from giving any Evidence but this is not at all material Mr. Cornish If your Lordship please to let Mr. Jekyl come he will tell you what this man did declare why I was against him L. C. J. Jones If you had not entertain'd Mr. Goodenough then there might be something of malice in it but you did receive him Mr. Cornish I had private Covenants with Bethel before I would let him come into the Office Mr. Jekyl pray will you declare to my Lord and the Jury what aversion I had against Mr. Goodenough's being Under-sheriff Mr. Jekyl Truly my Lord Alderman Cornish and I living near together I had occasion to go to him several times about Bills of Exchange and he told me when he was Sheriff how he was troubled with Bethel because he would put Goodenough upon him for I don't intend to have him says he for I know he is obnoxious to the King and Government and desired me to speak to Mr. Bethel about it but I had no acquaintance with him 'till he was Sheriff And some came to me to desire me to speak to Alderman Cornish to receive Goodenough truly says I I find him so averse against him that it is not for me to persuade him to take a Servant he must put such trust and confidence in for I saw Alderman Cornish was so averse to it that I would not do it Mr. Sol. Gen. Pray do you think in your Conscience he was more obnoxious to the Government than his Partner Sheriff Bethel was Mr. Jekyl I must confess I have heard much of Sheriff Bethel but I never heard that Cornish was any disaffected man to the Government M. Sol. Gen. But which was the most disaffected man to the Gâ—â—ernment Bethel or Goodenough Mr. Jekyl Truly as I remember he said he would not have him because he was obnoxious to the King and Government Mr. Just Withins This Gentleman was in a limb of the Plot himself as great a Rioter and as hot as any of them this Evidence that they call I remember you Mr. Jekyl He assure you Mr. Cornish If Sir William Turner be upon the Bench I desire him to speak L. C. J. Jones We will hear Sir William Turner any thing Mr. Cornish I desire he would declare how I was used Sir William Turner I don't remember that ever I saw Mr. Goodenough's face before this time so I have nothing at all to say against him nor can I say any thing but what Mr. Cornish told me and that was he once came to my House some time after he was chosen Sheriff and told me that Mr. Bethel pressed very much for taking Goodenough to be his Under-sheriff that he had no mind to accept him and he would propose another and it caused a great difference but it was at last composed but how I can't tell L. C. J. Jones Now Mr. Cornish by my consent if you will call all the Aldermen upon the Bench whether they will or will not say the same thing for my part I will agree that they have given Evidence if they will be contented themselves to the same purpose Mr. Cornish My Lord I shall not give your Lordship unnecessary trouble but I think it is convenient to call some Witnesses to prove the manner of my Life and Conversation L. C. J. Jones Your Life hath not been in the dark Mr. Cornish The Dean of Canterbury Dr. Tillotson who did not appear L. C. J. Jones Will any man attest your Loyalty in London Mr. Cornish The Dean of Norwich Dr. Sharp Is the Dean of Norwich here Officer No Sir Mr. Cornish My Lord here is Mr. Lane I desire he may be asked what he knows Mr. Lane Upon the Tryal of my Lord Russel according as Mr. Cornish desires I may be heard it is with respect to Colonel Rumsey's Evidence Colonel Rumsey says in my Lord Russel's Tryal he did not hear the Declaration read because it was read before he came there Mr. North. Were you present at my Lord Russel's Tryal Mr. Lane No Sir Mr. Justice Levins Sir that signifies nothing Mr. Cornish That is a very material thing my Lord. L. C. J. Jones What is it is no proof at all Mr. Cornish Not the Printed Tryal L. C. J. Jones No. Mr. Cornish It is by Authority L. C. J. Jones Any body that was present may swear it Mr. Cornish My Lord I desire I may have the Minister of the Parish Dr. Calamy for my constancy at my Parish Church and receiving the Sacrament according to the Rites of the Church of England that I am to all appearance a Person that does as well affect the Government as any man L. C. J. Jones I doubt you are all appearance Dr. Calamy My knowledg of Mr. Cornish hath been since I came to be Minister of the Parish which is about two years a little above two years whenever he was in Town he did use to come to Church as constantly as any one and come with his Family to Prayers and did come to the Sacrament and he did not only come at Easter to save himself from a Presentment but at our monthly Communion and since I have been Minister of the place I have often conversed with him All that I can say is that I never heard him say a disrepectful word of the Government L. C. J. Jones I hope he took you to be a man of another Kidney Dr. Calamy I marked his words because of the Character I had heard of him Mr. Att. Gen. Pray what was the Character he had before those two years Dr. Calamy That was what was publick Mr. Cornish Joseph Reeve Esq Mr. Reeve My Lord I received a Sub-poena from the Prisoner at the Bar yesterday I have been acquainted with him about fourteen or fifteen years and had a considerable trade with him and sometimes we had some conversation and drank a glass of Wine together I thought he was always very Loyal and drank the late King's Health and this King's Health and all the Royal Family I have no more to say Mr. Cornish Mr. John Cook L. C. J. Jones What do you examine this Witness to Mr. Cook My Lord I have dealt with him for these twenty years last past I always found him a very honest man and a just man and very upright in his dealing I always reckon'd him a very honest just man I have dealt with him for great sums and always knew him very just and upright L. C. J. Jones Your Observation of him as to the Government Mr. Cook I never knew any thing to the contrary but that he was always very Loyal Mr. Cornish Mr. John Knap L. C. J. Jones Mr. Cornish it is not impossible for you to produce men enough that shall say they know nothing against you concerning the Government and that you have been a Loyal man sure those you chuse will say so you have chose them and perhaps
more that was very material but I would not offend your Lordship Mr. Rumsey said Mr. Sheppard held the Candle M. Justice Withins Why did not you call him you called a great many impertinent Witnesses Mr. Cornish I was not come to him I would have call'd them in order Mr. Bar. Gregory Why did not you produce him then Mr. Cornish Because your Lordship seemed to be Angry Mr. Bar. Gregory No not at all Mr. Cornish I did forbear purely upon that account I pray my Lord let him be called Mr. Bar. Gregory Here were Eight Judges and my Lord Chief Justice and now here is only Two Do you think we will defer things of this nature It is never asked Apply your self to the Judges It is a strange thing Mr. Justice Withins This is only to delay time Mr. Bar. Gregory If he does so the Jury must go out again Mr. Justice Withins After the Jury hath been out an hour we must have new Allegations Mr. Cornish I was tender of offending Mr. Justice Withins That is a Reflection upon the Court under favour Mr. Cornish I told you my self over and over to call your witnesses Clerk Elizabeth Gaunt hold up thy hand Mrs. Gaunt My Lord I beseech you hear me you won't take advantage I hope of me Mr. Justice Withins I declare my opinion freely it ought not to be done Recorder I think shee ought to have it as well as t'other Mr. Bar. Gregory You call'd never a Witness Mrs. Gaunt No Sir I could not tell I have some to call Mr. Justice Withins I am of that opinion you ought to take the Verdict Then Judges came again upon the Bench and the Jury found Mrs. Gaunt guilty L. C. J. Jones Is Rumsey come in Capt. Richardson I have sent for him he will be here presently Mr. Cornish My Lord I must pray your Lordship to consider my tenderness in offending you which made me omit calling Mr. Sheppard I had him in my paper he is in my paper L. C. J. Jones Don't you begin your preface something untowardly as though the Court would not do you all the kindness possible half a dozen times you were admonished to call for pertinent Witnesses you did call I am sure a great many impertinent Witnesses Had you Mr. Sheppard's Name in your paper Mr. Cornish Yes my Lord but I was tender of offending pray my Lord be pleased to remember Mr. Rumsey's Evidence L. C. J. Jones Is Mr. Rumsey here Sir pray hold your tongue Mr. Att. Gen. I would acquaint you my Lord I sent a Sub-poena for Mr. Sheppard but could not find him but I understand that Mr. Cornish's Son was with him yesterday and he has absconded this I will give an Account of upon Oath This my Lord is a dangerous Practice after Examination and after the Jury is withdrawn Mr. Cornish I pray do not aggravate the matter Mr. Att. Gen. I must do my Duty for the King Ma. Cornish My Son went to him and found him at Church Mr. Att. Gen. Now Mr. Atterbury is gone I desire you should have all your right but not have tricks put upon the King's Evidence Mr. Cornish His Evidence was Mr. Sheppard's holding the Candle Mr. Justice Levins For God's sake could you examine so many to your Reputation and forget an Evidence that was material but I must tell you if you will bring Mr. Sheppard to be examined sure it is requisite that the Witness that swears what you did there should be face to face with him therefore Mr. Rumsey should be here certainly Mr. Justice Withins It is fit to have Atterbury here to enquire if he did abscond if Mr. Cornish's Son was with him and he absconded upon that account it is very material This is a meer trick put upon the King's Evidence L. C. Baron Mr. Cornish if you intend to produce Mr. Sheppard for that to contradict Rumsey's Testimony I wonder that you should miss him without you have had some notice since Mr. Cornish My Lord I was not come to him my Lord though I have such a vile Charge I am perfectly innocent Mr. Justice Withins Now you may see what we have got Mr. Cornish I beseech you my Lord consider me it is as improbable a thing as any in the World L. C. J. Jones This is running over the same thing twenty times Where is Sheppard Mr. Cornish He was here within this quarter of an Hour Mr. Just. Withins Mr. Cornish Is this fairly done when you said he was upon the spot Mr. Att. Gen. He was Sub-poena'd by you he would not be found to be Sub-poena'd by the King Mr. Just Levins To make the Court come down and then to have no notice of the Person at all sure you may give the Court leave to take notice that they are not civilly dealt with L. C. J. Jones Who told you he was here Mr. Cornish This Gentleman says he saw him Pray my Lord don't be offended L. C. J. Jones I never saw such a thing the time was you and your Partner would not have allowed it Mr. Att. Gen. If he comes I will give him his Oath Mr. Cornish My Lord here is Major Richardson can bear Witness I said I must Sub-poena Mr. Sheppard I named him before Major Richardson again and again and said I must not omit him Mr. Just Levins Sir I tell you what you han't shewed so little skill to day here but that you could maintain so long a Discourse with Mr. Rumsey as you were allow'd to do and should not offer to call Sheppard to contradict him you dwelt half an hour upon it Mr. Bar. Gregory And relyed only upon the improbability of the thing Mr. Rumsey There is another Gentleman in the Tower the late Lord Grey that was in Company that can bear Witness of it that he was in Company when the Declaration was read Mr. Bar. Gregory Have you been in Company at Sheppards Mr. Cornish I have been at Sheppard's very often Pray my Lords don't be offended my Life will do you no good I don't know but here is a Gentleman that hath been in my Company forty times over since that business Mr. Rumsey Pardon me Mr. Cornish not above three times since and then there was other Company Mr. Just Withins It is impossible for any but those that were Complices with you to give such Evidence and because they were your Complices now you won't believe them L. C. J. Jones Are you Sub-poena'd by Mr. Cornish Mr. Sheppard I have a Sub-poena from the King L. C. J. Jones But were you Sub-poena'd by Mr. Cornish Mr. Sheppard Yes Mr. Att. Gen. When Mr. Sheppard Last night this morning I was not at home Mr. Att. Gen. Was Mr. Cornish's Son with you yesterday in the afternoon Mr. Sheppard Yes Sir Mr. Att. Gen. And what Discourse had you with his Son Mr. Sheppard He was very pressing and urgent with me to be here to day and I told him I could not tell whether I
in his life What can a man imagine of that man that had no dealing with the Duke of Monmouth to find him out in a place where no mortal could know and none was to know and coming to him at that time and at that place under those circumstances of concealment no man almost but out of his own mouth must believe that he was privy to that Conspiracy therefore though this Witness doth seem to forget some part of the Evidence the reading the Declaration and holdding the Candle yet these are such circumstances that in themselves do carry a proof of the Charge and do confirm all the rest that the Witness hath said and this must be a great satisfaction to you that he was there present and privy to that Design And so I leave it to your Consideration Then the Jury withdrew for a short time and returning brought Mr. Cornish in Guilty and found 140. l. for the King in Mr. Sheppards hands Clerk Set Elizabeth Gaunt to the Bar which was done Cryer O yes all manner of Persons are commanded to keep silence whilst Judgment is giving upon pain of Imprisonment Clerk Elizabeth Gaunt hold up thy hand thou standest guilty of High-Treason c. Recorder You Elizabeth Gaunt you have here been indicted for that great Crime of High-Treason and that particular part of it for harbouring and comforting and assisting and cherishing of Traytors more especially of one Burton you have had your Tryal and a very fair Tryal and upon that the Jury have found you Guilty It is the Duty of my Place to pronounce the Sentence the Law hath provided for such high Crimes as these are and that is no other but this That you are to be carried back to the place from whence you came from thence you are to be drawn upon a Hurdle to the place of Execution and there you to be burnt to death and the Lord have mercy upon your soul Mrs. Gaunt I say that this Woman did tell several untruths of me Recorder Is that all you have to say Mrs. Gaunt I don't understand the Law Clerk Bring Henry Cornish to the Bar. Henry Cornish hold up thy hand c Mr. Cornish My Lord now the Law hath past upon me I do humbly pray your Lordship and this Honourable Bench that you would be pleased to intercede for me with his Majesty I shall lead a peaceable quiet and dutiful life and I hope when you come to reflect upon what hath been said to day that perhaps you will be of another mind and have more Charity for me than you had upon my Tryal for in the simplicity of my heart and in the presence of God I do declare I am innocent and if your Lordship and this Honourable Bench intercede with his Majesty it will be an eternal Obligation upon me and I shall live faithfully peaceably and loyally as long as I live I presume to beg this and I promise my self and hope it will stir up the hearts of some Persons that they will not leave me destitute of friends in such a Case as this having a Wife and several Children it will be an act of Charity Recorder The Court does give you your request and if there be any misery brought upon your Family it is done by your self Clerk William Ring hold up thy hand c. Mr. Ring I had no notice given me an 't please your Lordship Recorder Where is the Executioner is he here Executioner Yes Recorder Why don't you do your Duty to Mr. Cornish Clerk John Fernley hold up thy hand thou standest Convicted of High-Treason for Trayterously harbouring one James Burton What canst thou say for thy self c. Mr. Fernley It is very hard measure I have had I have nothing to say but the King's mercy Recorder Is that all you have to say Mr. Fernley I have nothing but the King's mercy Recorder Tye him up then tye him up Cryer O yes all manner of Persons are commanded to keep silence whilst Judgment is giving upon pain of Imprisonment Recorder You the several Prisoners at the Bar you have been severally indicted here of the High Crime of Treason for you Mr. Cornish I apply my self first to you your crime is for Treason that was committed in his late Majesties life time being one of those notorious Conspirators that designed to raise Rebellion and others some of them immediately designed the life of his Majesty that then was and his present Majesty that was the design of some of them and others they had another part that was to raise Rebellion and particularly some of them in and about this City and it was carried on some time before it was discovered may be a year or more under colour and pretence of Law For so did they invade the Government first of all by packing of Juries there was the foundation laid whereby to bring on that business which they had at last designed when they could bring it to a ripe Head Too many Persons in that business I believe were very busie medling with that that they had not to do with Clubbing and Caballing how to bring their Designs about in opposition to the Government not to support it in the least but to overthrow it if it were possible But then at last then they must take another course for no longer could they carry it on by pretence of Law as you have heard to day Now we must take other measures and take down-right blows This is the business Mr. Cornish that you have been indicted for and I must tell you whatever apprehensions you have to the contrary and may please your self in I am sorry to see such a sort of pleasure in your Countenance as if you had had no favour shewed you I believe the Court hath shewed you more favour and had more patience with you than ever any man that stood in your place had for calling a Witness after the Jury hath been out is a thing I never saw a Precedent for And I am glad it was done for I think it hath clear'd the thing beyond all manner of contradiction before it looked something dark for want of Sheppard and so it is a happiness that that man was called to convince you of many things that you protested so solemnly against which I am sorry to see in you in this condition that you are to make such solemn Protestations and afterwards to call a Witness to confront you in them For the other two here is Mr. Ring is very notorious for harbouring a couple of Traytors knowing from whence they came and if it were not for such Persons as these are that do harbour them when they fly it may be there would not be so many bold Attempts to commit such Crimes as these are To provide for them and nourish them and comfort them after they have committed their Villanies this does encourage them to commit their Villanies as they do and so I reckon harbourers to be worse than Traytors themselves they are like Receivers to Thieves there would not be so many Traytors if there were no Harbourers You have been Convicted of these great Crimes it is too late and not fitting to spend time any longer but to Pronounce the several Sentences against you which is this You must every one of you be had back to the place from whence you came from thence you must be drawn to the place of Execution and there you must severally be hanged by the necks every one of you by the neck 'till you are almost dead and then you must be cut down your Intrails must be taken out and burnt before your faces your several Heads be cut off and your bodies divided into four parts and those to be disposed of at the pleasure of the King and the Lord have mercy upon your Souls FINIS